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)

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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
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
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

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Project CodeAward NoProject NamePrincipal InvestigatorFunder's NameFunder RefLead Dept
303992Rethinking the Relationship between Markets and Criminal LawLindsay FarmerLeverhulme Trust (LEVERHUL)MRF-2018-075Law