Criminal Law, Tradition and Legal Order

ISBN-13: 9780521553209 / Angielski / Twarda / 1997 / 220 str.

Lindsay Farmer

Opis

This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. Developing a radically different approach to questions of responsibility and subjectivity, it combines appreciation of the institutional and historical context in which criminal law is practiced with an informed understanding of the law itself. Drawing on original research into the development of Scottish criminal justice, it offers the first full-length critique of modern criminal law theory.

Recenzje

'… a challenge to criminal law theory in particular, and critical legal theory generally … the statement: 'criminal law theory has never fully acknowledged the consequences of the positivism of the modern law' is a lesson waiting to be learned by other would-be critical scholars whose anti-positivism can, ironically, act as a set of blinkers. This book will therefore provide stimulus not just to criminal lawyers and legal historians, but to theorists, criminal and otherwise, far beyond the border of the Scots genius.' Scott Veitch, Australian Journal of Law and Society

Spis treści

1. The boundaries of the criminal law: criminal law, legal theory and history; 2. 'The genius of our law': legality and the Scottish legal tradition; 3. The judicial establishment: the transformation of criminal jurisdiction 1747–1908; 4. The well-governed realm: crime and legal order 1747–1908; 5. The perfect crime: homicide and the criminal law; 6. Conclusion: crime and the genius of Scots law.