Chapter

Developments in Criminal Theory

K. J. M. Smith

in Lawyers, Legislators and Theorists

Published in print October 1998 | ISBN: 9780198257233
Published online March 2012 | e-ISBN: 9780191681738 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198257233.003.0003

Series: Oxford Monographs on Criminal Law and Justice

Developments in Criminal Theory

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In the early nineteenth century the several components and features of the criminal justice system were, in varying degrees, seen by many contemporary commentators as demonstrably worthy of scrutiny. The previous climate of almost granting immutability to any long-standing doctrine and principle, as encased in authoritative institutional works, was increasingly challenged. Survival of particular doctrines and principles began to turn as much on their contemporary justifiability as on their source and age; and an extensive lineage became less of a guarantee of infinite durability. Against this background and as a preliminary to reviewing the criminal law's principal conceptual developments over the first three decades of the nineteenth century, this chapter analyses the contextually significant events relating to punishment and codification for the possible light they might throw on movements in substantive theory.

Keywords: criminal justice; criminal law; punishment; codification

Chapter.  32776 words. 

Subjects: Criminal Law

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