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Disability and the psychological grounding of the criminal law

Conference Paper


Abstract


  • Critical legal theorists have been slow to engage with disability – as either a discursively produced aspect of

    identity or as an analytical lens through which to critique the law – in the same manner that they have

    approached gender, race and sexuality. Disability is merely a natural phenomenon of no critical

    consequence. In particular, critical legal theory has overlooked the significance of disability to core legal

    concepts, such as capacity, rationality, voluntariness, coercion, consent, reasonableness and ordinariness,

    which ultimately render the law authorised, legitimate and humane.

Publication Date


  • 2012

Citation


  • L. Roslyn. Steele, 'Disability and the psychological grounding of the criminal law' (Paper presented at the Grounding Law: Melbourne Doctoral Forum on Legal Theory, Melbourne Law School 2012, Melbourne Law School, University of Melbourne, 6-8 December).

Start Page


  • 14

Place Of Publication


  • http://mdflt.law.unimelb.edu.au/

Abstract


  • Critical legal theorists have been slow to engage with disability – as either a discursively produced aspect of

    identity or as an analytical lens through which to critique the law – in the same manner that they have

    approached gender, race and sexuality. Disability is merely a natural phenomenon of no critical

    consequence. In particular, critical legal theory has overlooked the significance of disability to core legal

    concepts, such as capacity, rationality, voluntariness, coercion, consent, reasonableness and ordinariness,

    which ultimately render the law authorised, legitimate and humane.

Publication Date


  • 2012

Citation


  • L. Roslyn. Steele, 'Disability and the psychological grounding of the criminal law' (Paper presented at the Grounding Law: Melbourne Doctoral Forum on Legal Theory, Melbourne Law School 2012, Melbourne Law School, University of Melbourne, 6-8 December).

Start Page


  • 14

Place Of Publication


  • http://mdflt.law.unimelb.edu.au/