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Elena Loizidou, "A Phantasmatic Moment: The Defence
of In-Sanity", Law and Critique VIII/2 (1997), 115-140: The
article problematises the defence of insanity. It re-visits and re-examines
debates criticising the defence and it re-visits and re-examines how the
defence defines the criminally insane. In its re-visitation it opens up
the space to read the defence as a linguistic construction that frames the
criminally insane offender. It reads the framing or the invention of the
criminally insane as a process where criminal law or rather the language
of criminal law abstracts the actions of the insane defender and relocates
them into the empty category of the defective mind. This process is read
as a misappropriation of the generic term of justice for it displaces it
to the space of justice as law. In its conclusion it attempts to re-think
this movement, this re-location and its possibilities; in other words it
attempts to imagine how the actions of the criminally insane could be read
by law otherwise, as potentialities of the accused's subjectivity, as a
movement towards an ethical dimension of law. e-mail address: e.loizidou@lancaster.ac.uk
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