Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-4hhp2 Total loading time: 0 Render date: 2024-05-31T12:21:37.828Z Has data issue: false hasContentIssue false

1 - The boundaries of the criminal law: criminal law, legal theory and history

Published online by Cambridge University Press:  08 January 2010

Lindsay Farmer
Affiliation:
Birkbeck College, University of London
Get access

Summary

You will permit me however very briefly to describe, rather what I conceive an academical expounder of the laws should do, than what I have ever known to be done … He should consider his course as a general map of the law, marking out the shape of the country, its connexions and boundaries, it's greater divisions and principal cities: it is not his business to describe minutely the subordinate limits, or to fix the longitude and latitude of every inconsiderable hamlet. His attention should be engaged … ‘in tracing out the originals and as it were the elements of the law’.

The need to talk about and establish boundaries is perhaps stronger in relation to the criminal law than any other area of law. The field of criminal law marks itself out by its history of preoccupation with limits – of the law, of the sanction, of criminalisation. These images of space and landscape continue with descriptions of the contours of liability, the field of punishment, the frontiers of criminality, or the territory of the law. It is thus appropriate that we should begin with a passage from Blackstone's Commentaries that recognises, in a particularly elegant manner, the significance of boundaries and divisions. It is rarely referred to now, but Blackstone's exposition of the common law of crime has been of enduring importance to modern ideas about the law.

Type
Chapter
Information
Criminal Law, Tradition and Legal Order
Crime and the Genius of Scots Law, 1747 to the Present
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 1996

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×