730-397 Crime, Punishment and Legal Genealogy

Legal Theory; Criminal Law or in each case their equivalents.

This subject discusses a series of problems at the intersection of jurisprudence and criminal justice. Its theme is the relation between the origin of law, ethics and politics and historical practices of crime and punishment. This theme is developed by reading the theories of law and genealogy articulated in the work of Nietzsche and Freud, and their interpreters Foucault and Lacan. The first part of the course addresses the genealogical theories of law, ethics and politics elaborated in the work of Nietzsche and Freud. It does so by closely reading and comparing On the Genealogy of Morals and Civilisation and its Discontents. The second part of the course explores these theories by studying contemporary problems of law, ethics and criminal justice. In this part, case studies are taken from both substantive criminal law and contemporary practices of policing and punishment. The case studies will be chosen from amongst the following: homicide and the history of common law; dangerousness; legal reason and democracy; sexual assault and the history of manners; imprisonment and detention; policing, political reason and security. The third and final part of the course provides an opportunity for additional case studies to be chosen and presented by students in consultation with the lecturer.

Note: The essay in this subject will be regarded as a substantial piece of legal writing for honours purposes.

A 5000-word research essay 100% (due end of semester).

Printed materials will be issued by the Faculty of Law.

• F Nietzsche, On the Genealogy of Morals. Cambridge University Press.
• S Freud, Civilisation and Its Discontents. in Volume 12 of the 'Penguin Freud Library', Penguin Press.