, Volume 1, Issue 1, pp 99-105
Date: 08 Nov 2006

Discussion (A) Deconstruction, criminalisation and the criminal law: a reply to Pavlich’s ‘The Lore of Criminal Accusation’

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Introduction

One of the main contributions of Pavlich’s paper to this conference surely is that it explicitly invites us to reconsider the impact of the complex practice of criminal accusation on the equally complex process of criminalisation. Unfolding the founding moments of what Pavlich calls the ‘Lore of Criminal Accusation’, would give us a deeper understanding of the order-building endeavours involved in criminalisation, with all its excess of violence and social exclusion. Such an unfolding would simultaneously bring us nearer to a deeper level of ethical evaluation and self-revelation which underlies the practice of accusation, a level which is more plural, flexible and aware of its own contingencies. To open up the ethical dimension of the Lore of Accusation, claims Pavlich, would lay the ground for more inclusive strategies of responding to disruptive behaviour than is the case in our contemporary crime control industries. The paper revolves around yet another more general and ...