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Codifying criminal law (1)

Codifying criminal law (1): a critique of Scots common law

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Original languageEnglish
Pages (from-to)49-59
Number of pages11
JournalCriminal Law Review
Issue number1
StatePublished - Jan 2004


This, the first of a two part article, offers a critique of existing Scots common law in the context of the argument in favour of codifying Scots criminal law to provide greater clarity and consistency and the Scottish Law Commission's draft criminal code in September 2003. Identifies the definitional uncertainties surrounding the four key crimes of murder, assault, rape and theft and housebreaking and discusses issues around the boundaries of the defences of coercion, provocation and necessity. Considers the extent to which the judicial development of Scots law has contributed to these uncertainties. © 2011 Sweet & Maxwell


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