NCJ Number
175602
Date Published
1997
Length
216 pages
Annotation
This book represents a critical and historical study of the theory of criminal law in Scotland and particularly examines the relationship between legal tradition and national identity and develops a radically new approach to questions of responsibility and subjectivity.
Abstract
Previous studies have focused either on the philosophical basis of criminal law or on the sociology and social history of crime, but there has been little exchange between the two. Recognizing this, the author draws on both fields to analyze the body of theory about criminal law as a whole. Legal, institutional, and historical contexts in which criminal law is practiced are discussed. Contemporary social theory is employed to develop an account of the relationship between legal practice and national culture in Scotland, with emphasis on the belief in the distinctive spirit or genius of Scottish law. The boundary between national limits and universal aspirations of criminal law theory is explored to reveal specifically modern characteristics of criminal law and to expose how contemporary criminal law theory fundamentally misrepresents the character of modern criminal justice. References and footnotes