Arlie Loughnan
Biographic Data
| ID | 241151 |
|---|---|
| NAME | Arlie Loughnan |
| GIVEN NAMES | Arlie |
| FAMILY NAME | Loughnan |
| SIGNATURE | LOUGHNAN A |
| AFFILIATIONS | The University of Sydney |
| ORCID | 0000-0001-9971-5628 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 6 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2005 |
| LATEST PUBLICATION YEAR | 2026 |
| H-INDEX | 1 |
Post-sentence supervision orders in Australia
New generation post-sentence preventive detention and supervision regimes recently enacted in Australia are a hybrid of civil and penal law elements. The laws allow for the correctional supervision, in prison or the community, of certain offenders deemed serious or high-risk at completion of their sentences – what amounts to an exceptional expansion of penal power beyond conventional notions of punishment and justified in the interest of communit…
Introduction to special issue on criminal law
Serving those who serve
This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard …
Same but different? Assessing reforms to mental incapacity in criminal law
In a field typically marked by stasis over long periods of time, in recent years, there have been significant changes in NSW regarding the way in which criminal law deals with mental incapacity. Taken together, these reforms represent a move away from reliance on the common law toward legislation that is posited as modernising and streamlining this part of criminal law. With a focus on Mental Health and Cognitive Impairment Forensic Provisions Ac…
Self, Others and the State
Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because …
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Such Slow Murder
A review of Annie Cossins, Female Criminality: Infanticide, Moral Panics and the Female Body (Palgrave Macmillan UK, 2015
Reforming the Criminal Law on Mental Incapacity
The New South Wales Law Reform Commission's ('NSWLRC') Report No 138 (2013), People with Cognitive and Mental Health Impairments in the Criminal Justice System: Criminal Responsibility and Consequences ('2013 Report'), represents a comprehensive and generally progressive set of reforms of the principles and practices relating to mental incapacity in criminal law. The systematic and reflective approach to mental incapacity the 2013 Report adopts p…
Madness and crime
Drink Spiking and Rock Throwing
The Legislation We Had to Have
In the wake of several high-profile incidents of outlaw ‘bikie’ gang-related violence, including a fatal bashing at Sydney Airport, the New South Wales Government has introduced new laws to expand police powers relating to ‘criminal organisations’, membership, and association. This comment provides a critical overview and analysis of the Crimes (Criminal Organisations Control) Act 2009 (NSW) (the Act), with reference to recent related legislation…
Manifest Madness’
This article introduces a new concept which can serve as a theoretical frame for understanding the way in which insanity is proved for the purposes of the criminal law. With reference to George Fletcher's concept of ‘manifest criminality’, it introduces the concept of ‘manifest madness’. This concept constructs madness (a shorthand for the types of mental abnormality known to the criminal law as insanity) in criminal law as evident to lay observe…
Self-Made Madness
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Madness and crime
Drink Spiking and Rock Throwing
Self-Made Madness
Manifest Madness’
This article introduces a new concept which can serve as a theoretical frame for understanding the way in which insanity is proved for the purposes of the criminal law. With reference to George Fletcher's concept of ‘manifest criminality’, it introduces the concept of ‘manifest madness’. This concept constructs madness (a shorthand for the types of mental abnormality known to the criminal law as insanity) in criminal law as evident to lay observe…
The Legislation We Had to Have
In the wake of several high-profile incidents of outlaw ‘bikie’ gang-related violence, including a fatal bashing at Sydney Airport, the New South Wales Government has introduced new laws to expand police powers relating to ‘criminal organisations’, membership, and association. This comment provides a critical overview and analysis of the Crimes (Criminal Organisations Control) Act 2009 (NSW) (the Act), with reference to recent related legislation…
Drink Spiking and Rock Throwing
Reforming the Criminal Law on Mental Incapacity
The New South Wales Law Reform Commission's ('NSWLRC') Report No 138 (2013), People with Cognitive and Mental Health Impairments in the Criminal Justice System: Criminal Responsibility and Consequences ('2013 Report'), represents a comprehensive and generally progressive set of reforms of the principles and practices relating to mental incapacity in criminal law. The systematic and reflective approach to mental incapacity the 2013 Report adopts p…
Madness and crime
Such Slow Murder
A review of Annie Cossins, Female Criminality: Infanticide, Moral Panics and the Female Body (Palgrave Macmillan UK, 2015
Self, Others and the State
Criminal responsibility is now central to criminal law, but it is in need of re-examination. In the context of Australian criminal laws, Self, Others and the State reassesses the general assumptions made about the rise to prominence of criminal responsibility in the period since around the turn of the twentieth century. It reconsiders the role of criminal responsibility in criminal law, arguing that criminal responsibility is significant because …
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Serving those who serve
This article assesses the need for veterans’ courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans’ court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard …
Same but different? Assessing reforms to mental incapacity in criminal law
In a field typically marked by stasis over long periods of time, in recent years, there have been significant changes in NSW regarding the way in which criminal law deals with mental incapacity. Taken together, these reforms represent a move away from reliance on the common law toward legislation that is posited as modernising and streamlining this part of criminal law. With a focus on Mental Health and Cognitive Impairment Forensic Provisions Ac…
Introduction to special issue on criminal law
Post-sentence supervision orders in Australia
New generation post-sentence preventive detention and supervision regimes recently enacted in Australia are a hybrid of civil and penal law elements. The laws allow for the correctional supervision, in prison or the community, of certain offenders deemed serious or high-risk at completion of their sentences – what amounts to an exceptional expansion of penal power beyond conventional notions of punishment and justified in the interest of communit…
Law (10 works) · Political science (10 works) · Criminal law (9 works) · Criminology (8 works) · Law (7 works) · Psychopathy, Forensic Psychiatry, Sexual Offending (7 works) · Sociology (7 works) · Criminal Justice and Corrections Analysis (6 works) · Computer Science (5 works) · Criminal justice (5 works)