Lawyers, Legislators, and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Lawyers, Legislators, and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Lawyers, Legislators, and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Lawyers, Legislators, and Theorists: Developments in English Criminal Jurisprudence 1800-1957

Synopsis

This book descibes in detail the development of substantive criminal law during the nineteenth and early twentieth centuries. The author examines the forces which shaped criminal jurisprudence throughout the course of this period, paying particular attention to the activities of legislators and reformers, to parallel developments in the study of punishment and human psychology, to general social and political changes and to the growth of an organised police force and its reliance upon formal rules of proceedure and evidence.

Excerpt

This is a study of the development of key elements of the general part of the criminal law during the nineteenth century and the first half of the twentieth century. The reports of the Criminal Law Commissioners, and of later codifiers, have long been respected as sources for arguments about the shaping of criminal law doctrine. This monograph, focussing on various fault concepts and on the law of attempts, takes a wider sweep that encompasses the intellectual climate before the beginnings of the codification movement, the interplay between the reformers, the judges and the writers in the nineteenth century, and then the role of the theorists in the twentieth century and their interaction with the judiciary and the legislature. The result is an analysis of the development of criminal jurisprudence which produces a rich harvest of new insights and perspectives to the study of the criminal law.

Andrew Ashworth . . .

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