About this product

Product Identifiers

PublisherCambridge University Press

ISBN-100521023831

ISBN-139780521023832

eBay Product ID (ePID)48648588

Product Key Features

Number of Pages220 Pages

LanguageEnglish

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

Publication Year2005

SubjectGeneral, Criminal Law / General, Criminology

TypeTextbook

Subject AreaLaw, True Crime, Social Science

AuthorLindsay Farmer

FormatTrade Paperback

Dimensions

Item Height0.6 in

Item Weight11.9 Oz

Item Length9.1 in

Item Width6 in

Additional Product Features

Intended AudienceScholarly & Professional

LCCN2006-275979

Dewey Edition20

Reviews'... 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, '... 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, 'â€¦ a challenge to criminal law theory in particular, and critical legal theory generally â€¦ 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, 'â€¦ a challenge to criminal law theory in particular, and critical legal theory generally â€¦ 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, "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

IllustratedYes

Dewey Decimal344.1/105

Table Of Content1. 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.

SynopsisThis book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contemporary social theory to the particular case of nineteenth-century Scottish law, Lindsay Farmer is able to develop a critique of modern criminal law theory in general. He traces the development of the modern characteristics of criminal law and legal order, tracing the relationship between legal practice and national culture, and showing how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice., A critical analysis of the criminal law based on an examination of the relationships between criminal law, history and national identity. Drawing on original research into the development of criminal justice in Scotland, this is the first full-length critical treatment of modern criminal law theory.

LC Classification NumberKDC910 .F37 2005