Readership: Academics and advanced students studying the criminal justice system, criminal law theory, mental health law, or legal history.
Arlie Loughnan, Senior Lecturer, School of Law, University of Sydney
Dr Arlie Loughnan is a Senior Lecturer in the Faculty of Law at the University of Sydney. Her research concerns criminal law and the criminal justice system, with a focus on the relationship between legal doctrines, practices, institutions, and knowledge. Her particular interests are criminal responsibility and non-responsibility, the interaction of legal and expert medical knowledges and the historical development of the criminal law. Dr Loughnan holds a PhD from LSE and an LLM from NYU Law School.
"Loughnan's Manifest Madness is an original and thoughtful analysis of ways in which the law has grappled with the abnormal. It challenges the reader to reconceptualise a range of the defences and mitigating factors that are part and parcel of the contemporary legal landscape. Its use of social and historical contextualisation develops previous analyses and is lively. The work is thoroughly researched and interestingly argued... Manifest Madness should be welcomed as a fresh and conceptually challenging contribution to criminal law theory." - Ian Freckelton, Psychiatry, Psychology and Law
"An important monograph, which contains a novel and thought provoking analysis of the role of mental incapacity in the criminal law.
Underpinning her analysis with historical research, the author gives a unique insight into the nature and character of mental incapacity doctrines which takes the reader well beyond insanity and related defences to include infancy, intoxication, infanticide and unfitness to plead. The result is a book which will not only challenge and enlighten scholarly debate but also will help to stimulate and inform the current reform agenda." - Ronnie D. Mackay, Professor of Criminal Policy and Mental Health, De Montfort University
1: The Terrain of Mental Incapacity in Criminal Law
2: Putting Mental Incapacity Together Again
3: 'Manifest Madness': The Intersection of 'Madness' and Crime
4: Dynamics of Inclusion and Exclusion: Unfitness to Plead & Infancy
5: Incapacity and Disability: The Exculpatory Doctrines of Insanity and Automatism
6: Knowing and Proving Exculpatory Mental Incapacity
7: 'Since the Days of Noah': The Law of Intoxicated Offending
8: Gender, 'Madness', and Crime: The Doctrine of Infanticide
9: Differences of Degree and Differences of Kind: Diminished Responsibility
Information about the Open Access (OAPEN) pilot scheme