Ngaire Naffine
Biographic Data
| ID | 267437 |
|---|---|
| NAME | Ngaire Naffine |
| GIVEN NAMES | Ngaire |
| FAMILY NAME | Naffine |
| SIGNATURE | NAFFINE N |
| AFFILIATIONS | The University of Adelaide |
| VERIFIED | No |
| TOTAL WORKS | 25 |
| TOTAL CITATIONS | 74 |
| AUTHOR COUNT | 24 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 1988 |
| LATEST PUBLICATION YEAR | 2021 |
| H-INDEX | 3 |
Hidden presuppositions and the problem of paradigm persons
Visa Kurki’s A Theory of Legal Personhood offers a sustained, and in some ways exhaustive, account of the legal being. It also strives to consider ‘the person’ afresh and to pay close and critical attention to how the concept has developed and operated over two millennia, right up to the twenty-first century. And yet it remains an intriguing blend of innovative and traditional thinking. Though it sets out to challenge legal orthodoxy, and does so…
The perils of personhood
Gender and Justice
Civility, gender and the law
Law sets the bounds of civility within any given society. Setting those bounds so as to reflect evolving community expectations and understandings requires frank, open and inclusive discussion. Through an analysis of the male and female judgments in the recent High Court decision of Monis v The Queen (2013) 249 CLR 92, this article exposes a worrying, uncritical endorsement of incivility in public and political discourse that may undermine the in…
On Law and the Sexes
Ngaire Naffine’s Law and the Sexes was published in 1990.11. Naffine Ngaire Law and the Sexes: Explorations in Feminist Jurisprudence Allen & Unwin Sydney 1993. In this interview, conducted at the University of Adelaide Law School on 27 February 2015, Ngaire Naffine speaks about the process of conceptualising, researching and writing the book with Mary Heath. They go on to discuss the reception of Law and the Sexes at the time of its publication …
Feminism and Criminology
Legal personality and the natural world
Addressing the fundamental anthropocentrism of law, the author argues that two influential families of thinkers have played a critical role in sustaining it: secular rationalists and conservative Christians. The influence of these thinkers has combined to engineer and sustain a set of public concerns about the fitting borders of legal personality that are essentially humanistic in the sense that they focus almost exclusively on the human species …
Shocking Thoughts
Who are Law's Persons? From Cheshire Cats to Responsible Subjects
What is it to be a legal person? A review of the jurisprudence of persons reveals considerable confusion about this central legal question, as well as deep intellectual divisions. To certain jurists, law's person should and does approximate a metaphysical person. Depending on the metaphysics of the jurist, the legal person is thus variously defined by his uniquely human nature, by his possession of a soul, or by his capacity for reason, and there…
Criminology at the Crossroads
The legal Structure of Self‐Ownership
The purpose of this paper is to expound the legal meaning of self‐ownership, to examine its internal logic and its applications to both men and women within the two major spheres of human relations. To date, discussion of the self‐proprietor has largely been confined to his public manifestation. This paper provides a critical study of the person as proprietor of his person in both his public and private lives. More particularly, it considers whet…
Books
War and Peace in Western Australia: The Social and Political Impact of the Great War 1914–1926. By Bobbie Oliver. University of Western Australia Press, Perth, 1995. Pp. 314. $24.95 paper. Unfit for Heroes: Reconstruction and Soldier Settlement in the Empire between the Wars. By Kent Fedorowich. Manchester University Press, Manchester, 1995. Pp. xii + 243. £40.00 cloth. Disturbing the Wan Melbourne Catholics and Vietnam. By Val Noone. Spectrum, M…
Sight and Insight
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The sexual gerrymander
Feminism and criminology
Introduction. Part 1: A Feminist History of Criminology. . 1. The Scientific Origins of Criminology. 2. The Criminologist as Partisan. 3. Examining our Frames of Reference: Realism to Derrida. Part 2: Effecting Change. 4. Reinterpreting the Sexes (through the Crime of Rape). 5. Relocating the Sexes (through Crime Fiction). 6. An Ethical Relation. Notes. Bibliography. Index
Criminal conversation
Possession
Men's Needs and Women's Desires
Children in the Children's Court
The Production of Guilt in the Juvenile Justice System
Analysts of criminal justice have become increasingly sensitive to the question of the voluntariness of the defendant's plea. In England, the United States and Australia it has been argued that pressures are applied to defendants to admit guilt. Although these studies have focussed predominantly on the adult jurisdiction, there is ample evidence to suggest that the majority of children also plead guilty, thereby waiving their right to a trial and…
Female Crime
Towards Justice for Girls
Feminist critics of American juvenile justice have often observed the presence of a sexual double standard. Young men, it seems, may explore their sexuality with impunity. The sexually active young women, however, is likely to be defined as “incorrigible” or “uncontrolled” and charged with the youthful crime of status offending. The plight and Australian girls charged with such offences is less well documented. This paper examines and contrasts A…
Female Crime
Female Crime, first published in 1987, surveys the major schools of criminology in order to explore the images of the female offender which underpin many contemporary crime theories. In reveals the ways in which male-centred norms dominated much analysis, and how crude stereotypes of women were a common attribute to the armoury of criminological research. Although feminists and other researchers are directing increasing attention to criminology, …
Testing the Nexus
Endeavours to connect unemployment with crime, to date, have displayed a clear bias: consistently, it has been assumed that the subject is male. This paper argues the sexism of both empirical and theoretical criminology in this area. A close reading of some Australian statistics reveals that prevailing notions about the effect of unemployment on crime are difficult to sustain when female, not male, figures supply the data base. Clearly, it is fro…
Gender, Justice and Welfare in South Australia
A number of criminologists throughout the world have argued that protective legislation (in particular, the status offence) is applied in a discriminatory manner with relation to young females, especially those considered to be sexually promiscuous. This study examines statistics and legislative changes in South Australia over the past twenty-five years and finds that, in this State at least, discriminatory practices in the operation of such legi…
Who are Law's Persons? From Cheshire Cats to Responsible Subjects
What is it to be a legal person? A review of the jurisprudence of persons reveals considerable confusion about this central legal question, as well as deep intellectual divisions. To certain jurists, law's person should and does approximate a metaphysical person. Depending on the metaphysics of the jurist, the legal person is thus variously defined by his uniquely human nature, by his possession of a soul, or by his capacity for reason, and there…
Female Crime
Legal personality and the natural world
Addressing the fundamental anthropocentrism of law, the author argues that two influential families of thinkers have played a critical role in sustaining it: secular rationalists and conservative Christians. The influence of these thinkers has combined to engineer and sustain a set of public concerns about the fitting borders of legal personality that are essentially humanistic in the sense that they focus almost exclusively on the human species …
Testing the Nexus
Endeavours to connect unemployment with crime, to date, have displayed a clear bias: consistently, it has been assumed that the subject is male. This paper argues the sexism of both empirical and theoretical criminology in this area. A close reading of some Australian statistics reveals that prevailing notions about the effect of unemployment on crime are difficult to sustain when female, not male, figures supply the data base. Clearly, it is fro…
The legal Structure of Self‐Ownership
The purpose of this paper is to expound the legal meaning of self‐ownership, to examine its internal logic and its applications to both men and women within the two major spheres of human relations. To date, discussion of the self‐proprietor has largely been confined to his public manifestation. This paper provides a critical study of the person as proprietor of his person in both his public and private lives. More particularly, it considers whet…
Possession
Men's Needs and Women's Desires
Gender, Justice and Welfare in South Australia
A number of criminologists throughout the world have argued that protective legislation (in particular, the status offence) is applied in a discriminatory manner with relation to young females, especially those considered to be sexually promiscuous. This study examines statistics and legislative changes in South Australia over the past twenty-five years and finds that, in this State at least, discriminatory practices in the operation of such legi…
Towards Justice for Girls
Feminist critics of American juvenile justice have often observed the presence of a sexual double standard. Young men, it seems, may explore their sexuality with impunity. The sexually active young women, however, is likely to be defined as “incorrigible” or “uncontrolled” and charged with the youthful crime of status offending. The plight and Australian girls charged with such offences is less well documented. This paper examines and contrasts A…
Female Crime
Female Crime, first published in 1987, surveys the major schools of criminology in order to explore the images of the female offender which underpin many contemporary crime theories. In reveals the ways in which male-centred norms dominated much analysis, and how crude stereotypes of women were a common attribute to the armoury of criminological research. Although feminists and other researchers are directing increasing attention to criminology, …
Testing the Nexus
Endeavours to connect unemployment with crime, to date, have displayed a clear bias: consistently, it has been assumed that the subject is male. This paper argues the sexism of both empirical and theoretical criminology in this area. A close reading of some Australian statistics reveals that prevailing notions about the effect of unemployment on crime are difficult to sustain when female, not male, figures supply the data base. Clearly, it is fro…
Female Crime
The Production of Guilt in the Juvenile Justice System
Analysts of criminal justice have become increasingly sensitive to the question of the voluntariness of the defendant's plea. In England, the United States and Australia it has been argued that pressures are applied to defendants to admit guilt. Although these studies have focussed predominantly on the adult jurisdiction, there is ample evidence to suggest that the majority of children also plead guilty, thereby waiving their right to a trial and…
Children in the Children's Court
Possession
Men's Needs and Women's Desires
Criminal conversation
Feminism and criminology
Introduction. Part 1: A Feminist History of Criminology. . 1. The Scientific Origins of Criminology. 2. The Criminologist as Partisan. 3. Examining our Frames of Reference: Realism to Derrida. Part 2: Effecting Change. 4. Reinterpreting the Sexes (through the Crime of Rape). 5. Relocating the Sexes (through Crime Fiction). 6. An Ethical Relation. Notes. Bibliography. Index
Books
War and Peace in Western Australia: The Social and Political Impact of the Great War 1914–1926. By Bobbie Oliver. University of Western Australia Press, Perth, 1995. Pp. 314. $24.95 paper. Unfit for Heroes: Reconstruction and Soldier Settlement in the Empire between the Wars. By Kent Fedorowich. Manchester University Press, Manchester, 1995. Pp. xii + 243. £40.00 cloth. Disturbing the Wan Melbourne Catholics and Vietnam. By Val Noone. Spectrum, M…
Sight and Insight
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The sexual gerrymander
The legal Structure of Self‐Ownership
The purpose of this paper is to expound the legal meaning of self‐ownership, to examine its internal logic and its applications to both men and women within the two major spheres of human relations. To date, discussion of the self‐proprietor has largely been confined to his public manifestation. This paper provides a critical study of the person as proprietor of his person in both his public and private lives. More particularly, it considers whet…
Criminology at the Crossroads
Who are Law's Persons? From Cheshire Cats to Responsible Subjects
What is it to be a legal person? A review of the jurisprudence of persons reveals considerable confusion about this central legal question, as well as deep intellectual divisions. To certain jurists, law's person should and does approximate a metaphysical person. Depending on the metaphysics of the jurist, the legal person is thus variously defined by his uniquely human nature, by his possession of a soul, or by his capacity for reason, and there…
Shocking Thoughts
Legal personality and the natural world
Addressing the fundamental anthropocentrism of law, the author argues that two influential families of thinkers have played a critical role in sustaining it: secular rationalists and conservative Christians. The influence of these thinkers has combined to engineer and sustain a set of public concerns about the fitting borders of legal personality that are essentially humanistic in the sense that they focus almost exclusively on the human species …
Feminism and Criminology
Civility, gender and the law
Law sets the bounds of civility within any given society. Setting those bounds so as to reflect evolving community expectations and understandings requires frank, open and inclusive discussion. Through an analysis of the male and female judgments in the recent High Court decision of Monis v The Queen (2013) 249 CLR 92, this article exposes a worrying, uncritical endorsement of incivility in public and political discourse that may undermine the in…
On Law and the Sexes
Ngaire Naffine’s Law and the Sexes was published in 1990.11. Naffine Ngaire Law and the Sexes: Explorations in Feminist Jurisprudence Allen & Unwin Sydney 1993. In this interview, conducted at the University of Adelaide Law School on 27 February 2015, Ngaire Naffine speaks about the process of conceptualising, researching and writing the book with Mary Heath. They go on to discuss the reception of Law and the Sexes at the time of its publication …
Gender and Justice
Hidden presuppositions and the problem of paradigm persons
Visa Kurki’s A Theory of Legal Personhood offers a sustained, and in some ways exhaustive, account of the legal being. It also strives to consider ‘the person’ afresh and to pay close and critical attention to how the concept has developed and operated over two millennia, right up to the twenty-first century. And yet it remains an intriguing blend of innovative and traditional thinking. Though it sets out to challenge legal orthodoxy, and does so…
The perils of personhood
Political science (19 works) · Sociology (18 works) · Law (14 works) · Law (11 works) · Criminology (10 works) · Psychology (10 works) · Philosophy (8 works) · Law in Society and Culture (7 works) · Multicultural Socio-Legal Studies (6 works) · Philosophy (6 works)