This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay’s Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.
List of Contributors
Acknowledgements
1 Introducing Leading Works in Criminal Law
CHLOË KENNEDY AND LINDSAY FARMER
2 Thomas Macaulay, The Indian Penal Code (1837)
ARUSHI GARG
3 James Fitzjames Stephen, Digest of Criminal Law (1877)
CATHERINE L. EVANS
4 The Malawi Penal Code: Chapter XV Off ences Against Morality (1929)
SARAI CHISALA-TEMPELHOFF AND CHIKONDI MANDALA
5 Patrick Devlin, The Enforcement of Morals (1965)
NICOLA LACEY
6 Colin Howard, Australian Criminal Law (1965)
ARLIE LOUGHNAN
7 George Fletcher, Rethinking Criminal Law (1978)
LINDSAY FARMER
8 Susan Estrich, Real Rape (1987)
SHARON COWAN
9 Nicola Lacey, Celia Wells and Dirk Meure, Reconstructing Criminal Law (1990)
KATE LEADER
10 Andrew Ashworth, Principles of Criminal Law (1991)
ANDREW CORNFORD
11 Alan Norrie, Crime, Reason and History (1993)
CHLOË KENNEDY
12 Jeremy Horder, ‘Rethinking Non-Fatal Off ences Against the Person’ (1994)
RACHEL C. TOLLEY
13 Leading Works: Concluding Refl ections
CHLOË KENNEDY AND LINDSAY FARMER
Index
Biography
Chloë Kennedy is Senior Lecturer in Criminal Law at the University of Edinburgh.
Lindsay Farmer is Professor of Law at the University of Glasgow.
