Australian laws ascribing criminal responsibility to children: The implications of an internal critique, postmodern insights, and a deconstructive exploration.
Mathews, Ben (2002) Australian laws ascribing criminal responsibility to children: The implications of an internal critique, postmodern insights, and a deconstructive exploration. .
Derived from centuries-old English laws, Australian laws ascribe criminal responsibility to children according to their age and their assumed level of understanding of the rightness and wrongness of certain acts. This project first
charts the creation and development of the English and Australian positions. Then,
using insights from postmodernity and the idea of deconstruction, the law is critically assessed to reveal practical, theoretical and moral limits in the law's attempt to do justice. The justifiability of the current Australian legal positions is questioned by demonstrating the law's internal inconsistencies, by revealing the law's historical and philosophical preferences, and by contrasting the law's restricted ambit of inquiry with contemporary knowledge from other disciplines including
developmental psychology and sociology.
Impact and interest:
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|Item Type:||QUT Thesis (PhD)|
|Supervisor:||Tahmindjis, Phillip& Currie, Susan|
|Keywords:||Criminal Law, Australia, children, age of criminal responsibility, critique, Postmodernity, absolute truth, universal child subject, linguistic instability, developmental psychology, deconstruction, reason, emotion, requirements of moral agency, understanding, control of conduct, characteristics of child offenders, behavioural insights, emotional intelligence, public sphere, private sphere.|
|Divisions:||Current > QUT Faculties and Divisions > Faculty of Law|
Current > Schools > School of Law
|Institution:||Queensland University of Technology|
|Copyright Owner:||Copyright Ben Mathews|
|Deposited On:||03 Dec 2008 13:49|
|Last Modified:||29 Oct 2011 05:38|
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