Dr Arlie Loughnan
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Profile
Degrees
- BA (Hons) (USyd)
- LLB (Hons) (USyd)
- LLM (NYU)
- PhD (Lond)
Courses Taught
- Civil and Criminal Procedure
- Criminal Law
- Advanced Criminal Law
- Contemporary Challenges in Criminal Law
Areas of Interest
- Criminal Law
- Legal Theory
- Legal History
- Mental Health Law
Brief Biographical Detail
Dr Arlie Loughnan joined the Faculty in 2007. She is a graduate of the University of Sydney (BA Hons 1 LLB Hons 1), New York University Law School (LLM) and London School of Economics (PhD). Arlie is a member of the Criminal Law Committee, NSW Law Society. She is a member of the Institute of Criminology and the book review editor for Institute's journal, Current Issues in Criminal Justice. She is convenor of the Criminal Responsibility and Punitive Justice research hub within the Institute of Criminology.
Arlie's 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 constructions of criminal responsibility, the interaction of legal and expert medical knowledges and the historical development of the criminal law.
Current projects include a study of the significance of pre-trial processes for the legitimacy of the criminal trial and a co-authored text (with Mark Findlay and Thalia Anthony), Criminal Law and Process: Contexts and Problems (OUP, forthcoming). Arlie is also currently co-editing a special edition of the journal, Public Space: The Journal of Law and Social Justice entitled '(W)hither Human Rights?' (Vol. 4, 2009).
Arlie's interest in criminal law theory continues doctoral work undertaken in the UK. Arlie completed a PhD in Law at the London School of Economics and Political Science (LSE). Arlie's doctoral thesis developed an interpretive analysis of mental incapacity defences in criminal law. At the LSE, Arlie taught Criminal Law and coordinated the Criminal Law Theory and Social Theory Group.
Arlie has given presentations at many academic conferences, workshops and seminars, both in Australia and overseas. She has also made submissions to several law reform bodies in Australia and the UK and provided media commentary on several criminal law and criminal justice issues. Arlie is a member of the NSW Law Society.
Publications
Works in Progress | Book Chapters | Refereed Journal Articles | Selected Conference Papers | Other Academic Publications
- Loughnan, A, 'Legitimacy and the Criminal Trial: The Significance of Pre-trial Processes'
- Loughnan A, ‘Putting Mental Incapacity Defences Together Again’
- Loughnan, A (with Buchanan, P.), 'Sleep-related Offending'
- Loughnan A (with Ward, T.), 'Insanity in England and Wales, 1800-present day'' in Crozier, Oosterhuis and Wetzell (eds), Psychiatry and Criminal Responsibility: Comparative Historical Perspectives on Forensic Psychiatry (2010, Forthcoming) (2009, Forthcoming)
- Loughnan, A, 'Rock Throwing and Drink Spiking: The Creation and Construction of Criminal Offences in a 'Law and Order' Context', Alternative Law Review (December 2009)
- Loughnan, A (with Shackel, R.), 'The Travails of Postgraduate Research in Law', Legal Education Review, Vol. 19, 2009Loughnan, A, ''Manifest Madness': Towards A New Approach to the Insanity Defence' (2007) 70(3) Modern Law Review 379-401
- Loughnan, A, ‘Bodies of Mind'?: An historical perspective on evidence and proof of Mental Incapacity', International Association of Law and Mental Health Congress, New York, USA, July 2009
- Loughnan, A, ‘Putting Mental Incapacity Defences Together Again’, Australian Society of Legal Philosophy Annual Conference, University of Melbourne, June 2008
- Loughnan, A, ‘Criminal Non-Responsibility on the Basis of Mental Incapacity: Towards An Interpretative Frame’, 23rd IVR Congress on Social and Legal Philosophy, Krakow, Poland, 1-8 August 2007
- Loughnan A, ‘Where Reason is Dethroned’: A History of the ‘Defence’ of Intoxication, Workshop on Psychiatry and Criminal Responsibility: Legal, Medical and Historical Perspectives on Psychiatry in the Courtroom, University of Edinburgh, 8-9 March 2006
- Loughnan A, ‘The Defence of Diminished Responsibility in England and Wales’, American Society of Criminology Annual Conference, Toronto, Canada, November 2005.
- Loughnan A, ‘Manifest Madness: The History of the Insanity Defence’, International Association of Law and Mental Health Congress, Université De René Decartes, Paris, July 2005.
- Loughnan A, ‘Infanticide in Australia and the UK’, British Society of Criminology Annual Conference, University of Portsmouth, July 2004 (Winner, Postgraduate Student Paper Prize)
- Loughnan A,’Gender and the “New Biologism” of the Criminal Law’, Twentieth Anniversary Feminist Legal Theory Conference, Madison, Wisconsin, July 2003.
- Loughnan A, ‘Her Heart was good but her mind was bad’: Media, Motherhood and Madness, International Association of Law and Mental Health Congress, The University of Amsterdam, Amsterdam, The Netherlands, July 2002.
- Loughnan A, ‘No Matter how deep the Craving’: An Exploration of the Treatment of Munchausen’s Syndrome by Proxy by Australian Courts, International Association of Law and Mental Health Congress, McGill University, Montreal, Canada, July 2001
- Mellon Encyclopedia of Infanticide (co-edited by Dr. Brigitte Bechtold, Central Michigan University, and Donna Cooper Graves, University of Tennessee) (forthcoming, 2010) (Various entries)
- Oxford Australian Law Dictionary, Oxford University Press Sydney 2009 (various entries)
- Loughnan, A, 'The Legislation We Had to Have? The Crimes (Criminal Organisations Control) Act 2009 (NSW)' (2009) 20(3) Current Issues in Criminal Justice 457-465
- (Book Review) R A Duff and S Green (Eds), Defining Crimes: Essays On The Special Part Of The Criminal Law, Criminal Law and Philosophy, January 2009
- The New Oxford Companion to Law, Oxford University Press, Oxford 2008 (co-edited by Peter Cane and Joanne Conaghan) (various entries)
- Loughnan, A ‘Lay Truth: The Role of Lay Understandings of Mental Illness in Mental Incapacity Defences’, Criminal Justice Matters, December 2005
- (Book Review) V. Tadros ‘Criminal Responsibility’, Edinburgh University Law Review January 2007
- (Book Review) E. Mitchell ‘Self-Made Madness: Rethinking Illness and Criminal Responsibility’ Modern Law Review 68(3) May 2005