Malice of Law
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MacNeil, William
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McVeigh, Shaun
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Abstract
This thesis places malice at the centre of an account of criminal law jurisprudence. Malice is a well-known subject and object of criminal law. In legal materials, the concept of malice has had a consistent relationship with that which is bad, blameworthy, culpable and/or undesirable. An exploration of how malice has been organised and expressed is one way of analysing legal ideas of wickedness. Legal constructions of malice have varied across time, place and offence category. I analyse legal constructions of malice in homicide legal doctrine from the 13th century onwards. The thesis makes two gestures. The first is reconstructive. In contemporary jurisprudence malice is disregarded, ignored and trivialised. I reconstruct malice both historically and in contemporary criminal law. This also resuscitates the relationship of criminal law with morality. I reconstruct (part of) the substance of what it means to be bad or wicked in jurisprudence. My intervention is thus therapeutic — through care, I restore malice and its history to the law.
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Thesis (PhD Doctorate)
Degree Program
Doctor of Philosophy (PhD)
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Griffith Law School
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The author owns the copyright in this thesis, unless stated otherwise.
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Subject
Malice in criminal law
Criminal law
Malice in jurisprudence