In this article I assess how Scots criminal law was influenced by the Protestant theology that came to prevail in Scotland during sixteenth and seventeenth centuries. Following Reformation, which is generally accepted as having occurred 1560,1 officially became a nation Calvinism Kirk’s orthodox doctrine.2 argue content, administration structure of were all rendered characteristically moralistic prominence its associated regime social discipline. This argument discloses several important...

Abstract This paper is concerned with when, if ever, deceptive sex should be criminalised. It defends the idea that it necessary to distinguish between deceptions will generally punishable from those not and puts forward a novel framework for carrying out this task. Based on concept of identity nonrecognition, also offers new way understanding what makes certain kinds wrongful. After setting framework, I analyse each most often carried within ‘ordinary’ contexts, explaining why only some...

For centuries, Scots criminal law has been renowned for its flexibility and adaptability. One striking example of this characteristic is the so-called declaratory power: power Scotland’s highest court to declare conduct punishable in absence statutory authority or direct precedent. This article considers origins early use light some questions that occupied key thinkers Enlightenment Scotland show how, contrast contemporary opprobrium, might once have appeared unobjectionable. It then more...

During the nineteenth century, changing conceptions of mental disorder had profound implications for way that criminal responsibility was conceived. As medical writers and practitioners increasingly drew attention to complexities insanity, grounds on which mentally abnormal offenders could be excused began seem unduly restrictive. By a contribution our understanding this development, article examines how growing disparity unfolded in Scotland. The author argues requirements insanity defence,...

The fractious but potentially fruitful dialogue between legal history and theory has been the subject of much recent scholarly attention. Despite this, instances meaningful engagement over role in theorising remain scarce. This is particularly true respect normative theorising—the difficult crucial tasks critiquing reforming law—where frequently considered to play a relativising that threatens destabilise strong evaluation. In this article, I argue order advance it essential look beyond...

Through specific, historical, interchanges and the more diffuse molding of our ‘Western’ social imaginary, Judaic-Christian tradition has helped shape several criminal law’s culpability concepts, including guilt, blame reconciliation. In doing so, it contributed towards inherent moral grammar justice thinking. By considering perennial questions, such as importance consciousness intentionality in determining culpability, within architecture liability broadly, this article argues that...

This paper illustrates how turning to art rather than focusing solely on legal reform can form part of an alternative response gender inequality that allows for deeper understandings social (in)justice. We show the Scottish Feminist Judgments Project – a collaborative endeavour by academics, practising lawyers, judges, artistic contributors and representatives from third sector offer those who engage with our experience hearing seeing law in different ways. More specifically, we explore open...

1CRIMINAL RESPONSIBILITY AS WORLDMAKINGAs the title Rejecting Retributivism suggests, one of two core aims this impressive book is to reject retributive justice – a form that trades in wrongdoing, blame and desert forms punishment it supports. The other aim set out defend an alternative vision for criminal justice, adheres capabilities conception social suggests 'public health-quarantine' model responding crime. Although Caruso makes many valuable contributions pursuing each these aims, throughout

During the nineteenth century, changing conceptions of mental disorder had profound implications for way that criminal responsibility was conceived. As medical writers and practitioners increasingly drew attention to complexities insanity, grounds on which mentally abnormal offenders could be excused began seem unduly restrictive. By a contribution our understanding this development, article examines how growing disparity unfolded in Scotland. I argue requirements insanity defence, as set...