Chapter

Summary Observations and Speculations: General and Particular

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/9780198257233.003.0012

Series: Oxford Monographs on Criminal Law and Justice

Summary Observations and Speculations: General and Particular

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Looking across the century and a half of conceptual developments in the criminal law, what broad conclusions can be hazarded as to the nature and processes of change? More particularly, what were the principal changes in legal cultural and formal institutional mechanisms which carried the potential to influence law making? Of greatest likely impact on legal culture were matters relating to the education of lawyers and the coming of age of university law teaching, with the accompanying growth in textbooks and academic journals. In mechanistic terms, patently the most significant institutional innovations over the period were the refashioning of the appeals courts and procedures in 1848 and 1907. This chapter reviews each of these areas of change and potential influence in relation to the law's conceptual development.

Keywords: criminal law; conceptual development; law making; legal culture; legal education; judicial process

Chapter.  8509 words. 

Subjects: Criminal Law

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