Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law, 1747 to the Present

by Lindsay Farmer

Overview

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.

Product Details

ISBN-13:	9780521553209
Publisher:	Cambridge University Press
Publication date:	11/28/1996
Pages:	220
Product dimensions:	6.30(w) x 9.29(h) x 0.79(d)

Table of Contents

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.

Editorial Reviews

"This is an ambitious book full of interest and insights....It highlights patterns of thought and areas of law too often ignored or glossed over. It undoubtedly provokes critical thought and reflection." W.D. Sellar, American Journal of Legal History

From the Publisher