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

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.