Relevant bibliographies by topics / Criminal law – Scotland – History

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Criminal law – Scotland – History'

Author: Grafiati
Published: 10 March 2023
Last updated: 31 July 2025

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Journal articles on the topic "Criminal law – Scotland – History"

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Kozhevnikov, Vladimir V. "About the legal system of Scotland." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 44 (2022): 127–41. http://dx.doi.org/10.17223/22253513/44/11.

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This research paper analyses the Scottish legal system, which both legal theory and comparative jurisprudence often treat very superficially. It is usually just an observation that the Scottish legal system is not subordinate to English law. The paper describes the history of formation and development of the Scottish legal system, drawing attention to the French legal orientation on the one hand and to the strengthening of the common law tradition on the other. The paper also highlights the Scottish legal system, the criminal court system, the criminal procedure, the civil court system and the
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Dropuljic, Stephanie. "The Role of Women in Pursuing Scottish Criminal Actions, 1580–1650." Edinburgh Law Review 24, no. 2 (2020): 232–50. http://dx.doi.org/10.3366/elr.2020.0628.

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This article examines the role of women in raising criminal actions of homicide before the central criminal court, in early modern Scotland. In doing so, it highlights the two main forms of standing women held; pursing an action for homicide alone and as part of a wider group of kin and family. The evidence presented therein challenges our current understanding of the role of women in the pursuit of crime and contributes to an under-researched area of Scots criminal legal history, gender and the law.
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McPherson, Rachel. "Diminished Responsibility Post Codification: Lost Opportunities, Tensions and Gendered Applications." Edinburgh Law Review 25, no. 2 (2021): 173–91. http://dx.doi.org/10.3366/elr.2021.0693.

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Following from the Scottish Law Commission's Report on Insanity and Diminished Responsibility, the Criminal Justice and Licensing (Scotland) Act 2010 codified the plea of diminished responsibility. Part of the justification for this codification arose from the need to clarify the rule in relation to drugs and alcohol. With this change there existed scope to develop the plea in a way which appreciated the complex interplay between mental conditions and intoxication- something which was absent under common law. At a time when mental health law is under review in Scotland, this paper seeks to exa
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Kennedy, Allan. "State Formation, Criminal Prosecution and the Privy Council in Restoration Scotland*." English Historical Review 135, no. 572 (2020): 29–62. http://dx.doi.org/10.1093/ehr/ceaa004.

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Abstract Historians have begun to think about the emergence of the early modern ‘state’ in complex and creative ways, far from the conventional focus on overweening central bureaucracies. One component of this discourse is the role of criminal law and criminal prosecution, which, it has been argued (particularly by English scholars), assisted state-forming processes by providing a universal interface between ruler and ruled, and by demarcating common patterns of behaviour. This paper attempts to apply these ideas to the case of early modern Scotland—whose decentralised legal system and reputat
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Wilton, Carol. "“Lawless Law”: Conservative Political Violence in Upper Canada, 1818–41." Law and History Review 13, no. 1 (1995): 111–36. http://dx.doi.org/10.2307/743957.

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The Types Riot of June 8, 1826, is the most celebrated episode of conservative political violence in Upper Canada. It was directed against William Lyon Mackenzie, an immigrant from Scotland and a newspaper editor in York (Toronto) who had perfected a style of journalism characterized by scathing personal abuse of the colony's leaders. About a dozen well-connected individuals, most of them lawyers or law students, broke into the offices of Mackenzie'sColonial Advocatenewspaper in its owner's absence. Terrorizing Mackenzie's mother, son, and assistants, the rioters wrecked the press and scattere
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Ekirch, A. Roger. "The Transportation of Scottish Criminals to America during the Eighteenth Century." Journal of British Studies 24, no. 3 (1985): 366–74. http://dx.doi.org/10.1086/385840.

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In the last few years there has been a growth of interest in the history of crime and law enforcement in early modern Scotland. Recent studies by Stephen Davies, Bruce Lenman, and Geoffrey Parker have described the intricate operation of the country's criminal justice system. Relatively little attention, however, has been paid to the role played by transportation. During the eighteenth century, banishing criminals to the American colonies became the most common punishment employed by higher courts. By providing a merciful alternative to the death penalty without putting the public at serious r
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Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly
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White, T. "Patients with Affective Disorders Admitted to Maximum Secure Care (1999-2003)." Medicine, Science and the Law 45, no. 2 (2005): 142–46. http://dx.doi.org/10.1258/rsmmsl.45.2.142.

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The State Hospital, Carstairs, is a special secure psychiatric facility for Scotland and Northern Ireland. This study describes the background, illness and offence (where appropriate) characteristics of 25 patients admitted between 1999 and 2003 with a diagnosis of any affective disorder. Patients were, on average, 37 years old and had a lengthy history of psychiatric contact. Patients with an affective disorder were more likely to be admitted under civil proceedings, following a transfer from hospital, as opposed to being admitted under criminal procedure. Sixty per cent were discharged to pr
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Fincham, Derek. "A Coordinated Legal and Policy Approach to Undiscovered Antiquities: Adapting the Cultural Heritage Policy of England and Wales to Other Nations of Origin." International Journal of Cultural Property 15, no. 3 (2008): 347–70. http://dx.doi.org/10.1017/s094073910808020x.

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AbstractBlanket ownership laws, export restrictions, and the criminal law of market nations are the default legal strategies currently used by nations of origin to prevent the looting of archaeological sites. Although they have been remarkably successful at achieving the return of looted objects, they may not be the best strategies to maximize the recording and preservation of archaeological context. In England and Wales a more permissive legal regime broadly applied and adopted by the public at large has produced dramatically better results than the strong prescriptive regime of Scotland, whi
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Farmer, Lindsay. "Banking in Heaven: Credit and Trust in the Trial of the Directors of the City of Glasgow Bank (1879)." Edinburgh Law Review 28, no. 3 (2024): 383–406. http://dx.doi.org/10.3366/elr.2024.0919.

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The collapse of the City of Glasgow Bank in 1878 was one of the largest in UK history and caused massive social and economic hardship throughout Scotland. It quickly appeared that the directors of the Bank had run up numerous bad debts – investing money in speculative railway and land ventures in North America, Australia, and New Zealand – and had sought to conceal the losses in the published accounts, as well as buying shares in the bank to keep the share price artificially high. As public unrest about the consequences of the collapse grew the Scottish authorities responded swiftly, arresting
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Dissertations / Theses on the topic "Criminal law – Scotland – History"

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McLaughlin, Patrick M. "Responding to drunkenness in Scottish Society : a socio-historical study of responses to alcohol problems." Thesis, University of Stirling, 1989. http://hdl.handle.net/1893/1912.

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This thesis explores the nature of responses to problems associated with drinking and drunkenness. The aim is to consider how perceptions and responses to the issue have changed over time, and, crucially, to analyze the implications of the resulting evidence for policy and practice. There are two interdependent issues which the thesis seeks to expose and debate. First there is the process of emergence, the historical development of alcohol abuse as a social problem. It is possible to see in the historical record the continuities and (just as importantly) the discontinuities of responses to dri
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Hay, M. A. "The criminal law of private defence in England, Scotland and France." Thesis, University of Edinburgh, 1987. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.234104.

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Adamson, David J. "Insanity, idiocy and responsibility : criminal defences in northern England and southern Scotland, 1660-1830." Thesis, University of St Andrews, 2005. http://hdl.handle.net/10023/14462.

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This thesis compares criminal defences of insanity and idiocy between 1660 and 1830 in northern England and southern Scotland, regions which have been neglected by the historiographies of British crime and "insanity defences". It is explained how and why English and Scottish theoretical principles differed or converged. In practice, however, courtroom participants could obtain to alternative conceptions of accountability and mental distraction. Quantitative and qualitative analyses are employed to reveal contemporary conceptions of mental afflictions and criminal responsibility, which provide
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Pollard, Dorette. "Fresh evidence in Canadian criminal law: 1910--2010." Thesis, University of Ottawa (Canada), 2010. http://hdl.handle.net/10393/28814.

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In the last four decades, there has been a dramatic increase in the number of fresh evidence cases before Canadian criminal law appellate courts. Yet when it was first introduced at the turn of the last century, this rule of evidence was meant to be an exception to the principle of the finality of judgments, to be used only on those rare occasions when a miscarriage of justice had occurred. It was intended to prevent the innocent from going to jailor worse, from perishing on the gallows. Historically, fresh evidence was used but rarely prior to 1970. However, starting in the mid 1970s these ap
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Handler, Philip. "Forgery and criminal law reform in England, 1818-1830." Thesis, University of Cambridge, 2001. https://www.repository.cam.ac.uk/handle/1810/272333.

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Ford, John Davidson. "The rational discipline of law : a historical study of Stair's 'Institutions of the Law of Scotland'." Thesis, University of Cambridge, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302941.

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Kennedy, Chloe Jane Sophia. "Criminal law and the Scottish moral tradition." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/17935.

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This thesis presents an account of the development of Scots criminal law which concentrates on the influence of the Scottish moral tradition, as epitomised by Calvinist theological doctrine and Scottish Enlightenment moral philosophy. It argues that there are several crucial but seldom-acknowledged points of similarity between the Calvinist aim of creating a holy community and key tenets of eighteenth century Scottish moral thought, which rest upon community-oriented conceptions of the nature of morality and society. Both these shared conceptions and the particular ways they are expressed in C
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Garnham, Neal. "The courts, crime and the criminal law in Ireland, 1692 - 1760." Thesis, University of Ulster, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.390059.

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Dickson, Tiphaine. "On the Poverty, Rise, and Demise of International Criminal Law." PDXScholar, 2016. http://pdxscholar.library.pdx.edu/open_access_etds/2707.

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This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. Th
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Douglas, Heather Anne. "Legal narratives of indigenous existence : crime, law and history /." Connect to thesis, 2005. http://eprints.unimelb.edu.au/archive/00001751.

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Books on the topic "Criminal law – Scotland – History"

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Bennett, Rachel E. Capital Punishment and the Criminal Corpse in Scotland, 1740–1834. Springer Nature, 2017.

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Farmer, Lindsay. Criminal law, tradition, and legal order: Crime and the genius of Scots law : 1747 to the present. Cambridge University Press, 1997.

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Scotland. Regiam majestatem and Quoniam attachiamenta: Based on the text of Sir John Skene. Wm. W. Gaunt & Sons, 1992.

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Smith, Alexander McCall. Scots criminal law. 2nd ed. Butterworths, 1997.

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1948-, McCall Smith Alexander, ed. Scots criminal law. 3rd ed. Bloomsbury Professional, 2010.

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Brown, B. Sexual history and sexual character evidence in Scottish sexual offence trials: A study of Scottish Court practice under ss. 141A/141B and 346A/346B of the Criminal Procedure (Scotland) Act 1975 as inserted by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985, s.36. Scottish Office, 1992.

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Murray, Len. The pleader: An autobiography. Mainstream Pub., 2002.

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Alison, Archibald. Principles of the criminal law of Scotland. Law Society of Scotland, 1989.

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Alison, Archibald. Practice of the criminal law of Scotland. Law Society of Scotland, 1989.

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Claire, McDiarmid, ed. Scots criminal law: A critical analysis. Dundee University Press, 2009.

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Book chapters on the topic "Criminal law – Scotland – History"

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McCulloch, Trish, and Fergus McNeill. "Adult Criminal Justice." In Social Work and the Law in Scotland. Macmillan Education UK, 2011. http://dx.doi.org/10.1007/978-1-137-28538-6_13.

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Kanovitz, Jacqueline R., Jefferson L. Ingram, and Christopher J. Devine. "Constitutional History and Content." In Constitutional Law for Criminal Justice, 16th ed. Routledge, 2023. http://dx.doi.org/10.4324/9781003247173-2.

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Kanovitz, Jacqueline R., Jefferson L. Ingram, and Christopher J. Devine. "Constitutional History and Content." In Constitutional Law for Criminal Justice. Routledge, 2018. http://dx.doi.org/10.4324/9780429469886-1.

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Cross, Noel. "Perspectives on the history of criminal law and criminal justice." In Criminal Law for Criminologists. Routledge, 2020. http://dx.doi.org/10.4324/9780429467431-2.

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Campbell, James. "Slavery and the Criminal Law." In Crime and Punishment in African American History. Macmillan Education UK, 2012. http://dx.doi.org/10.1057/978-1-137-29671-9_3.

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Kennedy, Chloë. "Alan Norrie, Crime, Reason and History (1993)." In Leading Works in Criminal Law. Routledge, 2023. http://dx.doi.org/10.4324/9781003193982-11.

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Chen, Xingliang. "Freedom of Will: A History of Theories." In Humanistic Foundation of Criminal Law. Springer Nature Singapore, 2023. http://dx.doi.org/10.1007/978-981-19-9764-8_4.

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Vormbaum, Thomas, and Michael Bohlander. "§ 6 Current Events in Criminal Law." In A Modern History of German Criminal Law. Springer Berlin Heidelberg, 2013. http://dx.doi.org/10.1007/978-3-642-37273-5_6.

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Green, Thomas M. "Early Modern Jurisprudence and Theology." In The History of Scottish Theology, Volume I. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198759331.003.0023.

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This chapter argues that the subject of theology and jurisprudence in Scotland falls into two distinct and often independent histories, the first concerning the reception of Canon law in Scotland prior to the Reformation in respect of both ecclesiastical and civil law, the second concerning the reception of the ‘law of God’ into ecclesiastical and criminal law during the era of the Reformation. The continued authority of Canon law in Protestant Scotland is considered alongside the development of the Church of Scotland’s disciplinary jurisdiction and the criminalization of sin. Areas in which t
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Norrie, Kenneth McK. "Child Protection through the Criminal Law." In A History of Scottish Child Protection Law. Edinburgh University Press, 2020. http://dx.doi.org/10.3366/edinburgh/9781474444170.003.0004.

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The earliest criminal law dealing with children differently from the adult population was that concerned with sexual offences. This chapter explores the changing policies of the law, from the late 19<sup>th</sup> century fear of girls being exposed to immorality and boys being exposed to homosexuality, through the more protective 20<sup>th</sup> century legislation which nevertheless hung on to old ideas of immorality and criminality, until the Sexual Offences (Scotland) Act 2009 focused almost (but not quite) exclusively on protection from harm and from exploitation. The chapter then turns to
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Conference papers on the topic "Criminal law – Scotland – History"

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Dobeš, Milan. "The Specifics of the Crime of Defamation of Nation, Race and Beliefs in Socialist Czechoslovakia (in Contemporary Application Practice)." In International Legal History Meeting of PhD Students. Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-18.

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The crime of defamation of nation, race and belief is still one of the institutions by which states ensure peaceful coexistence between their citizens. This offence was similarly regulated in the criminal legislation of socialist Czechoslovakia. One of its most distinctive features, characteristic of the entire communist rule, was the protection of supporters of the socialist social and state system. This regulation also de facto ensured the criminalization of public criticism of the Communist Party, its policies and also their representatives. This paper summarizes the normative regulation of
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Threatte, James. "Criminal history systems: new technology and new directions." In Enabling Technologies for Law Enforcement and Security, edited by George Works. SPIE, 1997. http://dx.doi.org/10.1117/12.266286.

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Muzychuk, A. E. "INSTITUTE OF PARTICIPATION IN CRIME IN SOVIET CRIMINAL LAW." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.11.

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Milovanov, N. M. "On the history of the development of the security institute for participants in criminal legal proceedings." In Scientific Trends: Law. ЦНК МОАН, 2019. http://dx.doi.org/10.18411/spc-20-12-2019-02.

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Tianhong, Zhao. "DEVELOPMENT HISTORY AND FUTURE DIRECTION OF CHINA’ S CR IMINAL LAW SYSTEM FOR ECONOMIC CRIMES." In Tradicija, krivično i međunarodno krivično pravo. Srpsko udruženje za međunarodno krivično pravo, 2024. http://dx.doi.org/10.46793/tkmkp24.241t.

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Over the past 40 years since the promulgation of the 1979 Criminal Law, the improvement and amendment of the econo- mic criminal law has always been one of the focuses of Chinese cri- minal law. Changes in economic crimes are always closely related to the development of a country’s economy, and Chinese society is in a period of social transition. Therefore China’s criminal law regula- tion for economic crimes has experienced a continuous development from coarse to fine, showing the characteristics of criminalization and heavy punishment in a whole, which is also in line with the interna- tiona
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Chuitofa, A. O. "INSTITUTE OF UNACCEPTABLE EVIDENCE IN THE CRIMINAL PROCEEDINGS OF RUSSIA: LAW ENFORCEMENT PROBLEMS." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.16.

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Kononkova, N. V., and E. A. Fefelov. "SOME FEATURES OF THE INSTITUTE CONFISCATION OF PROPERTY IN CRIMINAL LAW RUSSIAN FEDERATION." In RUSSIAN LEGAL SYSTEM: HISTORY, MODERNITY, DEVELOPMENT TRENDS. Amur State University, 2020. http://dx.doi.org/10.22250/lsr.2020.8.

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Bojanić, Ognjen. "Istorijski koreni instituta komandne odgovornosti u međunarodnom krivičnom pravu." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24134a.

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Observing the army and the police as iron, strictly disciplined and organized sectors, it can undoubtedly be said that they are one of the most complex systems on which states and all other forms of social communities rested in history. In this regard, in order to ensure their more effective action, it was necessary to establish a clear relationship between superior and subordinate, or as the ancient military leader Clearchus said: “A soldier should fear his superior more than his enemies”. However, as in history the position of a superior implied unlimited broad powers and the punishment most
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Obradović, Dragan. "Zaštita kulturnih dobara u međunarodnom krivičnom pravu i u Srbiji." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24127a.

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One of the challenges that every country faces throughout history is how to preserve not only its territory and population, but also how to preserve its cultural assets in different times and in the face of different trials. Not only in times of war or armed conflict, but also in peace. In war or armed conflict, cultural assets suffer - they are destroyed or damaged as a result of armed actions. In peacetime, cultural property suffers during the execution of various criminal acts by individuals or organized criminal groups through their attempts to acquire individual cultural property of diffe
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Biblija, Vojislav. "Mesna (teritorijalna) i personalna nadležnost Međunarodnog krivičnog suda." In Relation between International and National Criminal Law. University of Belgrade, International Criminal Law Assotiation, 2024. https://doi.org/10.51204/zbornik_umkp_24170a.

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This paper will deal with the International Criminal Court, a brief history of its establishment will be presented, while the local, mainly territorial jurisdiction, as well as the personal jurisdiction of this Court will be dealt with in the main part. We will also deal with the possibility of indictment and investigation in cases where the respective country has not acceded to or ratified the Statute of the International Criminal Court (Rome Statute). Among other things, there will be a review of the jurisdiction of the ICC in relation to criminal acts committed both on the territory of the
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Reports on the topic "Criminal law – Scotland – History"

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Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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Kolencik, Marian. A critical evaluation of the risk indicators of criminal conduct involving CBRN and explosive materials - Behavioural and observational analysis in crime detection and investigation. ISEM Institute, n.p.o., 2023. http://dx.doi.org/10.52824/vzrb5079.

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Terrorist attacks using explosives and CBRN (Chemical, Biological, Radiological and Nuclear) materials have been present throughout history. While the frequency of CBRN terrorist attacks is relatively low compared to those with explosives and other types of weapons, it is crucial to treat the efforts of both terrorist organizations and individuals with appropriate gravity in order to avert catastrophic consequences. Identifying warning signs that indicate criminal behaviour is crucial for preventing planned crimes or terrorist attacks, and there is a need for more precise coverage of potential
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