Codifying criminal law (1) : a critique of Scots common law. / Ferguson, Pamela.
In: Criminal Law Review, No. 1, 01.2004, p. 49-59.Research output: Contribution to journal › Article
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TY - JOUR
T1 - Codifying criminal law (1)
T2 - a critique of Scots common law
A1 - Ferguson,Pamela
AU - Ferguson,Pamela
PY - 2004/1
Y1 - 2004/1
N2 - 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
AB - 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
KW - Criminal law
KW - Codification
KW - Scotland
KW - Defences
KW - Offences
UR - http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=478&productid=7139
M1 - Article
JO - Criminal Law Review
JF - Criminal Law Review
SN - 0011-135X
IS - 1
SP - 49
EP - 59
ER -