Nicola Lacey

Email: N.M.Lacey@lse.ac.uk
Administrative support: Rachel Yarham
Room: New Academic Building 6.12
Tel. 020-7486-2966

Nicola Lacey is School Professor of Law, Gender and Social Policy, attached to the Departments of Law and Social Policy and to the Gender Institute. From 1998 to 2010 she held a Chair in Criminal Law and Legal Theory at LSE; she returned to LSE in 2013 after spending three years as Senior Research Fellow at All Souls College, and Professor of Criminal Law and Legal Theory at the University of Oxford. She has held a number of visiting appointments, most recently at Harvard Law School. She is an Honorary Fellow of New College Oxford and of University College Oxford, and a Fellow of the British Academy. In 2011 she was awarded the Hans Sigrist Prize by the University of Bern for outstanding scholarship on the function of the rule of law in late modern societies.

see also Full Curriculum Vitae

see also Interviews with Nicola Lacey on Philosophy Bites

 

Research Interests

Nicola's research is in criminal law and criminal justice, with a particular focus on comparative and historical scholarship. Over the last few years, she has been working on the development of ideas of criminal responsibility in England since the 18th Century, and on the comparative political economy of punishment. In addition to her independent work in these fields, she is currently working with David Soskice (LSE) on American Exceptionalism in crime, punishment, and social policy; and with Hanna Pickard (Oxford) on how criminal justice institutions may be designed so as to hold offenders responsible without engaging in stigmatising blame. Nicola also has research interests in legal and social theory, in feminist analysis of law, in law and literature, and in biography.

 
Books  

Women, Crime and Character: From Moll Flanders to Tess of the d'Urbervilles (Oxford University Press 2008) (The Clarendon Law Lectures)

Women, Crime and Character - coverIn the early 18th Century, Daniel Defoe found it natural to write a novel whose heroine was a sexually adventurous, socially marginal property offender. Only half a century later, this would have been next to unthinkable. Lacey explores the disappearance of Moll, and her supercession in the annals of literary female offenders by heroines like Tess, serving as a metaphor for fundamental changes in ideas of selfhood, gender and social order in 18th and 19th Century England. Drawing on law, literature, philosophy and social history, she argues that these broad changes underpinned a radical shift in mechanisms of responsibility-attribution, with decisive implications for the criminalisation of women.

The Prisoners' Dilemma Political Economy and Punishment in Contemporary Democracies (CUP 2008) (The Hamlyn Lectures)

Over the last two decades, and in the wake of increases in recorded crime and other social changes, British criminal justice policy has become increasingly politicised as an index of governments’ competence. New and worrying developments, such as the inexorable rise of the US prison population and the rising force of penal severity, seem unstoppable in the face of popular anxiety about crime. But is this inevitable? Nicola Lacey argues that harsh ‘penal populism’ is not the inevitable fate of all contemporary democracies. Notwithstanding a degree of convergence, globalisation has left many of the key institutional differences between national systems intact, and these help to explain the striking differences in the capacity for penal tolerance in otherwise relatively similar societies. Only by understanding the institutional preconditions for a tolerant criminal justice system can we think clearly about the possible options for reform within particular systems. 

A Life of HLA Hart: The Nightmare and the Noble Dream (OUP 2004) (Winner of the RSA’s Swiney Prize 2004 and shortlisted for the James Tait Black Prize for Biography and for the British Academy Book Prize.)

An intellectual and psychological biography of the famous legal philosopher, HLA Hart. Winner of the RSA’s Swiney Prize 2004 and shortlisted for the James Tait Black Prize for Biography and for the British Academy Book Prize.

Regulating Law edited by Christine Parker, Colin Scott, Nicola Lacey and John Braithwaite (edited collection including introduction co-authored with the other editors) (OUP 2004)

A collaborative project across ANU RegNet and LSE: socio-legal essays developing the methodology of Hugh Collins’ Regulating Contracts across a range of common law fields.

Reconstructing Criminal Law (3rd Edition) Nicola Lacey, Celia Wells, Oliver Quick  (Law in Context Series, 1990; second edition with Celia Wells, Butterworths 1998; third edition with Celia Wells and Oliver Quick, Cambridge University Press 2003.)

Reconstructing Criminal Law provides a radical and stimulating alternative to the standard black letter criminal law text. The authors analyse central aspects of criminal law in the context of the assumptions surrounding it, and employ a number of critical approaches, including a feminist perspective to give insights into the current state of the law. A comprehensive resource - it contains extracts that cover a wide range of materials from historical, political, sociological and philosophical sources and discusses offences considered to be at the margins of criminal law. It also offers an important practical element whereby students and teachers can attempt to answer the questions that the criminal justice system confronts on a daily basis.

Unspeakable subjects : Feminist Essays in Legal and Social Theory  (Hart Publishing, 1998)

Nicola Lacey’s book presents a feminist critique of law based on an analysis of the ways in which the very structure or method of modern law is gendered. All of the essays in the book therefore engage at some level with the question of whether there are things of a general nature to be said about what might be called the sex or gender of law. Ranging across fields including criminal law, public law and anti-discrimination law, the essays examine the conceptual framework of modern legal practices: the legal conception of the subject as an individual; the concepts of equality, freedom, justice and rights; and the legal construction of public and private realms and of the relations between individual, state and community. They also reflect upon the deployment of law as a means of furthering feminist ethical and political values. At a more general level, the essays contemplate the relationship between feminist and other critical approaches to legal theory; the relationship between the ideas underlying feminist legal theory and those informing contemporary developments in social and political theory; and the nature of the relationship between feminist legal theories and feminist legal politics.

The Politics of Community: A Feminist Analysis of the Liberal-Communitarian Debate, Nicola Lacey, Elizabeth Frazer (Harvester Wheatsheaf/University of Toronto Press, 1993)

State Punishment: Political Principles and Community Values (Routledge, 1988)

Criminal Justice: A Reader, Oxford University Press 1994 (edited collection: original introduction, pp. 1-36)

 
Selected articles
and chapters in books
 

‘What constitutes criminal law?’, in R.A Duff, L. Farmer, S. Marshall, M. Renzo and V. Tadros (eds.) The Constitution of the Criminal Law (Oxford University Press 2013) pp. 12-29 [FORTHCOMING]

'The rule of law and the political economy of criminalisation: An agenda for research', Punishment and Society, October 2013 vol. 15 no. 4 pp.349-366

This article argues for an institutional approach to criminalisation scholarship, drawing on historical and comparative methodologies, and on the resources of several disciplines including law, sociology and political science. It goes on to sketch the sort of research agenda which is implied by that approach, with a view to laying the intellectual building blocks for a broad political economy of criminalisation within modern societies committed to the Rechsstaat/rule of law. The article describes how this framework developed out of recent work in the apparently discrete fields of historical and of comparative studies, of doctrinal analysis of criminal law, and of socio-political analysis of criminal punishment in modern societies. The main outlines of these projects are set out in the first part of the article, which then moves on to consider how they may be brought into dialogue so as to inform the construction of a further research agenda. This agenda, which seeks to contribute to the building of a general understanding of the place of criminalisation and punishment within the governance frameworks of various kinds of social order which share a commitment to Rechtsstaat/rule of law ideals, is sketched in the third part of the paper. In conclusion, the article argues that such a research agenda implies an expansive conception of punishment and society scholarship.

With David Soskice, ‘Why are the Truly Disadvantaged American, when the UK is Bad Enough? A political economy analysis of local autonomy in criminal justice, education, residential zoning ‘ (2013) Law Society Economy Working Papers no. 11

‘Institutionalising Responsibility: Implications for Jurisprudence’ (2013) 4(1) Jurisprudence 1-19

In this paper, the author suggest that the historical and institutional conditions of existence of the concepts which animate legal argumentation - like the historical and institutional conditions of existence of certain forms of law - are of interest not only in their own right, but also because they raise methodological issues for jurisprudence. These include questions about the relationship between concepts and the social phenomena which they purport to categorise; about the relationship between philosophical and other forms of legal theory; and about how a jurisprudence largely dominated by philosophical methods may be brought into productive dialogue with other forms of theoretical analysis. Only by broadening both its horizons and its methods, the author argues, will jurisprudence be capable of illuminating not only doctrinal analysis within particular jurisdictions at particular times, but also comparative and historical scholarship.

‘Humanizing the Criminal Justice Machine: Re-Animated Justice or Frankenstein’s Monster?’ (2013) 126:5 Harvard Law Review 1299-1324 (review article)

‘Could He Forgive Her? Gender, Agency and Women’s Criminality in the Novels of Anthony Trollope’, in Martha C. Nussbaum and Alison Lacroix (eds.), Subversion and Sympathy: Gender, Law and the British Novel (Oxford University Press 2013) pp. 176-204

With Hanna Pickard, ‘From the Consulting Room to the Court Room? Taking the Clinical Model of Responsibility Without Blame into the Legal Realm’ (2012) Oxford Journal of Legal Studies 33 (1): 1-29.

Within contemporary penal philosophy, the view that punishment can only be justified if the offender is a moral agent who is responsible and hence blameworthy for their offence is one of the few areas on which a consensus prevails. In recent literature, this precept is associated with the retributive tradition, in the modern form of ‘just deserts’. Turning its back on the rehabilitative ideal, this tradition forges a strong association between the justification of punishment, the attribution of responsible agency in relation to the offence, and the appropriateness of blame. By contrast, effective clinical treatment of disorders of agency employs a conceptual framework in which ideas of responsibility and blameworthiness are clearly separated from what we call ‘affective blame’: the range of hostile, negative attitudes and emotions that are typical human responses to criminal or immoral conduct. We argue that taking this clinical model of ‘responsibility without blame’ into the legal realm offers new possibilities. Theoretically, it allows for the reconciliation of the idea of ‘just deserts’ with a rehabilitative ideal in penal philosophy. Punishment can be reconceived as consequences—typically negative but occasionally not, so long as they are serious and appropriate to the crime and the context—imposed in response to, by reason of, and in proportion to responsibility and blameworthiness, but without the hard treatment and stigma typical of affective blame. Practically, it suggests how sentencing and punishment can better avoid affective blame and instead further rehabilitative and related ends, while yet serving the demands of justice.

‘Political Systems and Criminal Justice: The Prisoners' Dilemma After the Coalition’ Current Legal Problems 2012 65 (1) pp.203-239.

In this article, building on an argument sketched in my The Prisoners' Dilemma (2008), I explore the ways in which the institutional structure of political systems shapes the politics of criminal justice. In particular, I set out an argument as to why coalition politics might be thought, other things being equal, to facilitate stability and moderation in criminal justice policy. In the second part of the article, I examine some recent case studies in the impact of coalition politics on criminal justice policy-making, and show how a close analysis of the move to proportional representation in New Zealand and Scotland, and the unusual period of coalition government at Westminster, refines our understanding of the ways in which institutional arrangements such as the electoral system, the party system and the dynamics of bargaining under conditions of coalition government affect the environment for criminal justice policy-making. In the final section, I engage in some predictions about the likely fate of penal moderation under coalition politics in England and Wales.

‘Punishment in the Perspective of Comparative Political Economy’ (‘Bestrafung in der Perspektive der Komparativen Politischen Ökonomie’) 44 Kriminologische Journal (2012) 9-31

‘Punishment, (Neo)Liberalism and Social Democracy’, in Jonathan Simon and Richard Sparks (eds.) The Sage Handbook of Punishment and Society (Sage Publishing 2012) pp. 260-280

‘Principles, Policies and Politics of Criminal Law’, in Julian Roberts and Lucia Zedner (eds.), Principles and Values in Criminal Law and Criminal Justice (Oxford University Press 2012) pp. 19-35

With Lucia Zedner, ‘Legal Constructions of Crime’ in M Maguire, R Morgan, and R Reiner, The Oxford Handbook of Criminology (5th edn, Oxford: Oxford University Press 2012) pp.159-81.

‘The Way We Lived Then: The Legal Profession and the Nineteenth Century Novel’, 33 Sydney Law Review (2011) 599-621

‘Community, Culture and Criminalisation’, in Crime, Punishment and Responsibility: The Jurisprudence of Antony Duff, edited by Rowan Cruft, Matthew H. Kramer and Mark R. Reiff, (Oxford University Press 2011) pp. 292-310.

‘The Prisoner’s Dilemma and Political Systems: The Impact of Proportional Representation on Criminal Justice in New Zealand’ (2011) Victoria University of Wellington Law Review 1-23