Scottish jurists on sodomy

Historically legal writers were among the few who had licence or cause to discourse on sodomy and other similar offences. This article examines the writings of Scottish jurists of varying stature, both in terms of their placing of sodomy in relation to other crimes and their treatment of the offence. In particular, the language used by these writers and the degree of explicitness in defining the offence is considered. The article concludes by noting the possible changes in the treatment of sodomy suggested by both the recent Draft Criminal Code for Scotland and by the Report on sexual offences issued by the Scottish Law Commission in 2007, both of which argue for consigning the offence of sodomy to the history books.