Debatable land: an essay on the relationship between English and Scottish criminal law

Farmer, L. (1999) Debatable land: an essay on the relationship between English and Scottish criminal law. Edinburgh Law Review, 3(1), pp. 32-56. (doi: 10.3366/elr.1999.3.1.32)

Abstract

This article proposes that a better understanding of the identity of Scots criminal law can be developed through an analysis of the similarities between English and Scots law rather than by concentrating on the differences. It argues that historically there are striking similarities between the two laws which have been overlooked or ignoredfor various reasons. It goes on to argue that many ofthe current differences between the two laws can be explained in terms of contemporary academic and institutional conditions, and that these offer a betterfoundation on which to construct a principled theoretical understanding of Scots criminal law.

• 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: Edinburgh Law Review
• Publisher: Edinburgh University Press
• ISSN: 1364-9809
• Copyright Holders: Copyright © 1999 Edinburgh University Press
• First Published: First published in Edinburgh Law Review 3(1):32-56
• Publisher Policy: Reproduced in accordance with the copyright policy of the publisher