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    A phantasmatic moment: the defense of in-sanity

    Loizidou, Elena (1997) A phantasmatic moment: the defense of in-sanity. Law and Critique 8 (1), pp. 115-140. ISSN 0957-8536.

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    The article problematises the defence of insanity. It re-visits and re-examines debates criticising the defence and it re-visits and re-examines how the defence defines the criminally insane. In its re-visitation it opens up the space to read the defence as a linguistic construction that frames the criminally insane offender. It reads the framing or the invention of the criminally insane as a process where criminal law or rather the language of criminal law abstracts the actions of the insane defender and relocates them into the empty category of the defective mind. This process is read as a misappropriation of the generic term of justice for it displaces it to the space of justice as law. In its conclusion it attempts to re-think this movement, this re-location and its possibilities; in other words it attempts to imagine how the actions of the criminally insane could be read by law otherwise, as potentialities of the accused's subjectivity, as a movement towards an ethical dimension of law


    Item Type: Article
    School: Birkbeck Faculties and Schools > Faculty of Business and Law > Birkbeck Law School
    Depositing User: Sarah Hall
    Date Deposited: 25 Feb 2019 11:44
    Last Modified: 02 Aug 2023 17:49


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