Curtin University Homepage
  • Library
  • Help
    • Admin

    espace - Curtin’s institutional repository

    JavaScript is disabled for your browser. Some features of this site may not work without it.
    View Item 
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item
    • espace Home
    • espace
    • Curtin Research Publications
    • View Item

    Beyond criminal law: The multiple constitution of addiction in Australian legislation

    257232.pdf (230.0Kb)
    Access Status
    Open access
    Authors
    Seear, Kate
    Fraser, Suzanne
    Date
    2014
    Type
    Journal Article
    
    Metadata
    Show full item record
    Citation
    Seear, K. and Fraser, S. 2014. Beyond criminal law: The multiple constitution of addiction in Australian legislation. Addiction Research and Theory. 22 (5): pp. 438-450.
    Source Title
    Addiction Research and Theory
    DOI
    10.3109/16066359.2014.910511
    ISSN
    1606-6359
    School
    National Drug Research Institute (NDRI)
    Remarks

    Copyright 2014 Informa UK Ltd.

    This is the author’s final version; changes may have occurred between acceptance and publication.

    URI
    http://hdl.handle.net/20.500.11937/58811
    Collection
    • Curtin Research Publications
    Abstract

    The role of the criminal law in the regulation of drugs and addiction is both well known and the subject of considerable academic debate. Judges are frequently enjoined to make decisions about different kinds of addictions, and the relationships between substance use, addiction, agency, subjectivity, responsibility, treatment and punishment. The criminal law is not the only legal realm in which such questions are being explored, however. Addiction figures in non-criminal contexts in various ways, including via statute, regulations, common law and the law of equity. The significance of how addiction is understood and managed in these non-criminal contexts is sometimes overlooked in academic research. Drawing upon research being undertaken in Australia, this article seeks to highlight the wide range of non-criminal contexts within which questions about “addiction” are regularly being asked. Using examples from Australian legislation, we draw attention to several fundamental tensions and inconsistencies in legislative approaches regarding addiction and ask how tensions and inconsistencies between legal realms may impact on the health, wellbeing and opportunities of affected individuals. In so doing, we seek to make a case for the importance of academic research beyond the criminal law, including comparative work across different legal realms where laws, standards of proof and rules of evidence may differ. We consider the assumptions that underpin (and emerge from) this legislation, raising questions about the role of the law in the production and management of addiction as “multiple”, and the possible “effects” of the constitution of addictions beyond the criminal law.

    Related items

    Showing items related by title, author, creator and subject.

    • The addict as victim: Producing the 'problem' of addiction in Australian victims of crime compensation laws
      Seear, K.; Fraser, Suzanne (2014)
      Background: Much academic scholarship has explored drug use and ‘addiction’ in the criminal justice system. Methods: This paper explores what happens when ‘addicts’ are victims, through an analysis of victims of crime ...
    • The 'sorry addict': Ben Cousins and the construction of drug use and addiction in elite sport
      Seear, K.; Fraser, Suzanne (2010)
      Australian Football League (AFL) player Ben Cousins is one of the most highly acclaimed and recognised athletes in Australia. Followed closely in the media, his off-field activities are subject to as much attention and ...
    • From Bikers to Savvy Criminals. Outlaw Motorcycle Gangs in Australia: Implications for Legislators and Law Enforcement
      Monterosso, Stephen (2018)
      This article will examine outlaw motorcycle gang criminality in Australia and the difficulties faced by legislators and law enforcement agencies in responding to this concern. Adding further complication to the issue for ...
    Advanced search

    Browse

    Communities & CollectionsIssue DateAuthorTitleSubjectDocument TypeThis CollectionIssue DateAuthorTitleSubjectDocument Type

    My Account

    Admin

    Statistics

    Most Popular ItemsStatistics by CountryMost Popular Authors

    Follow Curtin

    • 
    • 
    • 
    • 
    • 

    CRICOS Provider Code: 00301JABN: 99 143 842 569TEQSA: PRV12158

    Copyright | Disclaimer | Privacy statement | Accessibility

    Curtin would like to pay respect to the Aboriginal and Torres Strait Islander members of our community by acknowledging the traditional owners of the land on which the Perth campus is located, the Whadjuk people of the Nyungar Nation; and on our Kalgoorlie campus, the Wongutha people of the North-Eastern Goldfields.