The ‘market’ in criminal law theory

Farmer, L. (2022) The ‘market’ in criminal law theory. Modern Law Review, 85(2), pp. 435-460. (doi: 10.1111/1468-2230.12687)

Abstract

The market is central to the political liberalism at the heart of contemporary criminal law theory. But while it is assumed that we live in a market society, there is little reflection on what this means for criminal law, most criminal law theory barely acknowledging either market crimes or the market as an institution. This paper makes the case for criminal law theory to engage with the market and to reflect on the ways in which it shapes the role played by criminal law in a market society. By understanding the market as a form of social ordering it is possible to think more systematically about its relationship with the criminal law. The paper identifies how the criminal law has been central to the constitution and regulation of markets, before setting out four areas in which criminal law theory can critically engage with the place of markets in contemporary society.

• Item Type: Articles
• Status: Published
• Refereed: Yes
• Glasgow Author(s) Enlighten ID: Farmer, Professor Lindsay
• Authors: Farmer, L.
• College/School: College of Social Sciences > School of Law
• Journal Name: Modern Law Review
• Publisher: Wiley
• ISSN: 0026-7961
• ISSN (Online): 1468-2230
• Published Online: 06 October 2021
• Copyright Holders: Copyright © 2021 The Author and The Modern Law Review
• First Published: First published in Modern Law Review 85(2): 435-460
• Publisher Policy: Reproduced in accordance with the publisher copyright policy

Project Code	Award No	Project Name	Principal Investigator	Funder's Name	Funder Ref	Lead Dept
303992		Rethinking the Relationship between Markets and Criminal Law	Lindsay Farmer	Leverhulme Trust (LEVERHUL)	MRF-2018-075	Law