Dr Arlie Loughnan
- BA (Hons) (USyd)
- LLB (Hons) (USyd)
- LLM (NYU)
- PhD (Lond)
- Civil and Criminal Procedure (UG)
- Criminal Law (UG)
- Advanced Criminal Law (UG)
- Contemporary Challenges in Criminal Law (LLM/MCrim)
- Legal Research 3 (PGR students)
Areas of Interest
- Criminal Law and Theory
- Mental Incapacity in Criminal Law
- Legal History
Brief Biographical Detail
Dr Arlie Loughnan is currently an ARC Postdoctoral Fellow in the Law Faculty, University of Sydney. Her research project, Responsibility in Criminal Law (No. DE130100418) examines criminal responsibility from a socio-historical perspective, setting developments in the law against extra-legal developments in responsibility norms and practices.
Arlie 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'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 and non-responsibility, the interaction of legal and expert medical knowledges and the historical development of the criminal law.
Current projects include a co-authored text, Waller and Williams Criminal Law (LexisNexis, forthcoming, Sept 2013).
Arlie is the author of Manifest Madness: Mental Incapacity in Criminal Law (OUP, 2012). This book examines the terrain of mental incapacity in criminal law, tracing overlapping and interlocking legal doctrines, current and past practices of evidence and proof, and medical and social understanding of mental order and incapacity. Bringing together previously disparate discussions from law, history, psychology, and philosophy, it analyses the distinct character of mental incapacity revealed by this interdisciplinary approach – as 'manifest madness'.
Arlie is a member of the Institute of Criminology and the Editor of the Institute's journal, Current Issues in Criminal Justice (with Dr Murray Lee). She has been a member of the NSW Law Society’s Criminal Law Committee since 2009. In 2010-11, she was the Academic Member of the NSW Bar’s Professional Conduct Committee (No. 2) (with Dr R. Shackel). In 2010, Arlie served as a member of the Panel of Expert Advisors for the NSW Law Reform Commission reference on Complicity.
- Loughnan, A, ‘The Asymmetry of Responsibility and Non-Responsibility in Criminal Law’
- Loughnan, A, Manifest Madness: Mental Incapacity in Criminal Law (Oxford Monographs on Criminal Law and Justice), Oxford University Press: UK (2012)
- Loughnan, A, ‘Preventive Detention Beyond the Law: The Need to Ask Socio-Political Questions’ (with S. U. Selchow) in Preventive Detention: Asking the Fundamental Questions by Patrick Keyzer (ed.) (Intersentia, 2013) (forthcoming; accepted November 2012).
- Loughnan, A, ‘The Expertise of Non-Experts: Knowledges of Intoxication in Criminal Law’, in Herring, Regan, Weinberg and Withington (eds), Intoxication and Society: Problematic Pleasures of Drugs and Alcohol (Palgrave Macmillan, 2013), 52-68.
- ‘Introduction: Madness and Crime’ (with Oosterhuis, H.), in special edition: ‘Madness and Crime: Historical Perspectives on Forensic Psychiatry’ (edited by A Loughnan and H Oosterhuis), International Journal of Law and Psychiatry (2014) (forthcoming)
- ‘Emergent Authority and Expert Knowledge: Psychiatry and Criminal Responsibility in the UK’ (with Ward, T.), in special edition: ‘Madness and Crime: Historical Perspectives on Forensic Psychiatry’ (edited by A Loughnan and H Oosterhuis), International Journal of Law and Psychiatry (2014) (forthcoming)
- Loughnan, A. ‘Provocation: The Good, the Bad and the Ugly’ (with T. Crofts) (2013) 37 Criminal Law Journal 23, 23-37.
- Loughnan, A, ‘The ‘Strange’ Case of the Infanticide Doctrine’ (2012) 32(4) Oxford Journal of Legal Studies 685-711 [Published Online, doi: 10.1093/ojls/gqs017, 16 September 2012]
- Loughnan, A, (with P Buchanan and R Grunstein), ‘Inappropriate Situational Sleepiness and the Law’ (2012) 7(2) Sleep Medicine Clinics 353-363
- Loughnan, A, ‘Mental Incapacity Doctrines in Criminal Law’ (2012) 15(1) New Criminal Law Review 1-31
- Loughnan, A, '"In a Kind of Mad Way": A Historical Perspective on Evidence and Proof of Mental Incapacity' (2011) 35(3) Melbourne University Law Review 1047-1070
- Loughnan, A, ‘Understanding the Criminal Trial: A Response to Hock Lai Ho’ 32(3) Sydney Law Review (2010) 533-547
- Loughnan, A, ‘Drink Spiking and Rock Throwing: The Creation and Construction of Criminal Offences in the Current Era’ (2010) 35(1) Alternative Law Journal 18-21
- 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
- Loughnan, A (with Shackel, R), 'The Travails of Postgraduate Research in Law' (2009) 19 (1&2) Legal Education Review 99-132
- Loughnan, A, '"Manifest Madness": Towards A New Approach to the Insanity Defence' (2007) 70(3) Modern Law Review 379-401
- ‘A Socio-historical approach to ‘Dangerousness’ and ‘Abnormality’ in Criminal Law‘, Perspectives on Theory and Practice of Preventive Detention, Onati, Spain, 20-21 June 2013 (forthcoming)
- ‘Asymmetries in Criminal Responsibility’, Legal Theory and Legal History: A Neglected Dialogue? UK IVR Annual Conference, Queen Mary University of London, London, 12-13 April 2013 (forthcoming)
- Loughnan, A, ‘The Asymmetry of Responsibility and Non-Responsibility in Criminal Law’, Melbourne Legal Theory Workshop, October 2012.
- Loughnan, A, ‘‘Since the Days of Noah: Lay and Expert Knowledges of Intoxication in Criminal Law’, Intoxication: Problematic Pleasures, Cambridge Socio-Legal Studies Group, Cambridge University, UK, March 2011.
- 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., ‘The Limits of Criminal Law: A Comparative Analysis of Approaches to Legal Theorizing by Carl Constantin Lauterwein’, Criminal Law and Philosophy 2013 (forthcoming)
- Loughnan, A., ‘Mental State Defences in Criminal Law’ by S Yannoulidis (2013) 24(3) Current Issues in Criminal Justice 459-462.
- Loughnan, A, An Encyclopedia of Infanticide, B Bechtold & Graves (eds), Edwin Mellen Press: New York (2010) (Various entries)
- Loughnan, A, Oxford Australian Law Dictionary, Oxford University Press Sydney (2010) (various entries)
- Loughnan, A (with Berg, L), 'Preface' (2009) 4 Public Space: the Journal of Law and Social Justice
Public Space: The Journal of Law and Social Justice
- Loughnan, A, 'Book Review: R A Duff and S Green (Eds), Defining Crimes: Essays On The Special Part Of The Criminal Law' (2008) Criminal Law and Philosophy
- Loughnan, A, (co-edited by Peter Cane and Joanne Conaghan)The New Oxford Companion to Law, Oxford University Press, Oxford (2008) (various entries)
- Loughnan, A, 'Book Review: V. Tadros Criminal Responsibility’ (2007) 11(1) Edinburgh Law Review 137-140
- Loughnan, A, ‘Lay Truth: The Role of Lay Understandings of Mental Illness in Mental Incapacity Defences’ (2005) 61 Criminal Justice Matters 36-37
- Loughnan, A, 'Book Review: E. Mitchell Self-Made Madness: Rethinking Illness and Criminal Responsibility’ (2005) 68(3)Modern Law Review 517-520