Criminal Law, Tradition and Legal Order

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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.