This Element describes the fundamental principle of modernity that is the functional differentiation of society, how, under conditions of globalisation, market thinking came to hoist itself to the position of privileged site of societal rationality, what sustains law's own 'reflexive intelligence' under conditions of globalization.
The book provides a critical analysis of the meaning and role of obligations in law by setting them in their social, political, and economic contexts.
This critical and historical study delves into the interplay between legal tradition and national identity, offering a fresh perspective on responsibility and subjectivity in criminal law. By bridging philosophical and sociological approaches, it analyzes criminal law's theoretical foundations within the context of Scotland's unique legal culture. The author employs contemporary social theory to explore how national identity influences legal practice, ultimately revealing the modern characteristics of criminal law and critiquing contemporary theories for misrepresenting modern justice.
Crime and the Genius of Scots Law, 1747 to the Present
Focusing on the interplay between legal tradition and national identity, this critical study offers a fresh perspective on criminal law by merging philosophical and sociological insights. It highlights the unique aspects of Scots law and its cultural implications, while scrutinizing contemporary social theory's impact on legal practice. By investigating the tension between national boundaries and universal legal principles, the work reveals the modern traits of criminal law and critiques prevalent misconceptions within criminal justice theory.