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General Principles of Criminal Law

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0007
Subject:
Law, Legal History

This chapter discusses the general principles of criminal law. It considers common fault concepts together with the substance and structure of general defences. Criminal fault represents the most ... More


The Sources and Form of the Criminal Law: The Medium of hange and Development: Consolidation or Codification?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0006
Subject:
Law, Legal History

This chapter begins with a discussion of the sources of criminal law, covering the growth of criminal treatises, legislative and proto-legislative potential influential sources, and the style and ... More


Offences Against the Person

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0012
Subject:
Law, Legal History

This chapter discusses historical developments in the law of offences against the person. These are considered in three distinct groupings: (1) non-fatal assaults and wounding; (2) sexual offences; ... More


The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

William Cornish, J Stuart Anderson, Ray Cocks, Michael Lobban, Patrick Polden, and Keith Smith

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.001.0001
Subject:
Law, Legal History

The Oxford History of the Laws of England: Volume XIII 1820-1914 Fields of Development is one of three volumes devoted to that period of relative peace across Europe running from the ... More


The Trial: Adversarial Characteristics and Responsibilities; Pre-trial and Trial Procedures

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0003
Subject:
Law, Legal History

This chapter shows that throughout the 19th century, significant changes occurred in the roles and personnel of law enforcement, along with a drip feed of ameliorative state measures. Such ... More


Punishment: Death and Transfiguration

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0005
Subject:
Law, Legal History

This chapter on the institution of punishment in the 19th century begins with a discussion of considerable distance between the law's formal severity and the realities of its enforcement. The ... More


General Introduction and Overview

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0001
Subject:
Law, Legal History

This chapter presents an overview of the criminal justice system during the early 19th century. Stark mismatches became increasingly identifiable between evolving social and political expectations ... More


Protecting Property from Dishonesty and Harm: Larceny and Malicious Damage

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0011
Subject:
Law, Legal History

This chapter begins with a discussion of the expanding concept of larceny in the 19th century, covering the doctrinal limitation of possession, capturing larceny's dishonesty element, and the scope ... More


Criminal Law

JR Spencer

in The Judicial House of Lords 1876–2009:

Published in print:
2009
Published Online:
September 2009
ISBN:
9780199532711
eISBN:
9780191705489
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199532711.003.0038
Subject:
Law, Legal History

This chapter evaluates the contribution of the House of Lords to the development of English criminal law. By this, it means substantive law: for reasons of space, and to avoid overlap with other ... More


Sentencing and Review

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0004
Subject:
Law, Legal History

This chapter on sentencing and review in the 19th century begins with a discussion of judicial sentencing discretion, covering the legislative framework and the machinery for review. It then ... More


Public Morality and Social Control: Prostitution, Gambling, and Obscenity

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0010
Subject:
Law, Legal History

A cursory survey of the early 19th-century law's response to many areas of behaviour commonly regarded as socially illicit, would have generated, and did generate, much anxiety for any professional ... More


Excluding Fault from Criminal Responsibility: Strict and Vicarious Liability: Quasi-criminal or Regulatory Offences?

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0008
Subject:
Law, Legal History

In stark contrast with practically every other area of criminal law development during the 19th century, strict and vicarious liability were subject to scarcely any extrajudicial commentary or ... More


Securing the State, the Institutions of Government, and Maintaining Public Order

Keith Smith

in The Oxford History of the Laws of England: Volume XIII: 1820–1914 Fields of Development

Published in print:
2010
Published Online:
May 2010
ISBN:
9780199239757
eISBN:
9780191705151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199239757.003.0009
Subject:
Law, Legal History

This chapter begins with a discussion of offences against the state, government, and its institutions, covering, sedition, treason, and secrets. It then turns to offences against public order, ... More


Civilian and English Influences on Scots Criminal Law

Christopher Gane

in A Mixed Legal System in Transition: T. B. Smith and the Progress of Scots Law

Published in print:
2005
Published Online:
March 2012
ISBN:
9780748623358
eISBN:
9780748651467
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748623358.003.0010
Subject:
Law, Legal History

This chapter examines the sources of Scottish criminal law, both past and present. In his Short Commentary, having noted the views of various writers and judges, Smith makes three claims: that ‘the ... More


Hermann Kantorowicz (1877–1940) and Walter Ullmann (1910–1983)

David Ibbetson

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0007
Subject:
Law, Legal History

It would be impossible to write a history of the study of Roman law in England in the second half of the 20th century without placing very considerable weight on the work of émigré legal scholars ... More


Lassa Oppenheim (1858–1919) *

Mathias Schmoeckel

in Jurists Uprooted: German-Speaking Emigré Lawyers in Twentieth Century Britain

Published in print:
2004
Published Online:
January 2010
ISBN:
9780199270583
eISBN:
9780191710230
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199270583.003.0018
Subject:
Law, Legal History

Lassa Oppenheim was born in Windecken near Frankfurt am Main in 1858 and died in Cambridge, England shortly after the end of World War I, in October 1919. In 1878, he started studying law, but also ... More


Trying Communism through International Criminal Law? The Experiences of the Hungarian Historical Justice Trials

Hoffmann Tamás

in The Hidden Histories of War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671144
eISBN:
9780191751516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671144.003.0011
Subject:
Law, Public International Law, Legal History

This chapter analyses the Hungarian historical trials which sought to address the mass atrocities committed against civilians during the communist regime. It shows that the Hungarian judiciary was ... More


Full Defence by Counsel

David J. A. Cairns

in Advocacy and the Making of the Adversarial Criminal Trial 1800–1865

Published in print:
1999
Published Online:
March 2012
ISBN:
9780198262848
eISBN:
9780191682414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262848.003.0004
Subject:
Law, Legal History

This chapter considers the enactment and the implementation of the Prisoners' Counsel Act. The first two sections of this chapter outline the course of the debate and introduce the Criminal Law ... More


John Millar’s Lectures on Scots Criminal Law

John W Cairns

in Enlightenment, Legal Education, and Critique: Selected Essays on the History of Scots Law, Volume 2

Published in print:
2015
Published Online:
January 2018
ISBN:
9780748682133
eISBN:
9781474415972
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748682133.003.0010
Subject:
Law, Legal History

This chapter focuses on John Millar's lectures on Scots criminal law as Regius Chair of Civil Law in the University of Glasgow from 1761 to 1801, along with his legal philosophy and approach to Scots ... More


Dirty War Crimes: Jurisdictions of Memory and International Criminal Law

Peter D. Rush

in The Hidden Histories of War Crimes Trials

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199671144
eISBN:
9780191751516
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199671144.003.0018
Subject:
Law, Public International Law, Legal History

This chapter first reconstructs the narrative memory and socio-legal context of the contemporary scene of memory in Argentina concerning La Guerra Sucia (‘The Dirty War’) and los desaparecidos ... More


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