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In modern times few, if any, individuals can have been as important to a single country's criminal law as Sir Gerald has been to the criminal law of Scotland. His monumental work The Criminal Law of Scotland (1967) is the foundation of modern Scottish criminal law and is recognised internationally as a major contribution to academic work on the subject. Elsewhere, he has made significant contributions as an academic, judge and as a member of the Scottish Criminal Cases Review Commission. Reflecting the academic rigour and practical application of Sir Gerald's work, this volume includes essays on criminal law theory, substantive law and evidence and procedure by practitioners and academics within and outwith Scotland, including contributions from England, Ireland and the USA.
James Chalmers is Regius Professor of Law at the University of Glasgow. He is the co-author of Walker and Walker: The Law of Evidence in Scotland (4th edition, 2015). Fiona Leverick is a Senior Lecturer in Law at Glasgow University. Lindsay Farmer is Professor of Law at the University of Glasgow.
Preface; List of Contributors; List of Abbreviations; Table of Cases; Foreword by Lord Rodger of Earlsferry; 1. Sir Gerald Gordon: An Appreciation by Christopher Gane; 2. Corroboration and Distress: Some Crumbs from Under the Master’s Table by Lord Hope of Craighead; 3. Child Defendants and the Doctrines of the Criminal Law by Andrew Ashworth; 4. Codification of the Criminal Law by Eric Clive; 5. Public and Private Wrongs by R A Duff and S E Marshall; 6. The Idea of Principle in Scots Criminal Law by Lindsay Farmer; 7. A Human Right to a Fair Criminal Law by Victor Tadros; 8. The Pain of Pleasure: Consent and the Criminalisation of Sado-Masochistic ‘Assaults’ by Sharon Cowan; 9. The Mental Element in Modern Criminal Law by Peter Ferguson; 10. Theft by Omission by Stuart P Green; 11. Statutory Rape and Defilement in Ireland: Recent Developments by Finbarr McAuley; 12. Don’t Look Back in Anger: The Partial Defence of Provocation in Scots Criminal Law by Claire McDiarmid; 13. ‘The Most Heinous of All Crimes’: Reflections on the Structure of Homicide in Scots Law by Gerry Maher; 14. Witness Anonymity in the Criminal Process by Ian Dennis; 15. Disclosure Appeals: A Plea for Principle by Peter Duff; 16. Crown Counsel: From Sir Archibald Alison to Lord Brand by Robert S Shiels; 17. The Codification of Criminal Procedure by J R Spencer; 18. The Summary Jurisdiction to Punish for Contempt of Court in Scotland by T Welsh; 19. Sir Gerald Gordon: A Bibliography by Shona Wilson.
John W. Cairns, Paul J. du Plessis, University of Edinburgh) Cairns, John W. (Professor of Civil Law, University of Edinburgh) du Plessis, Paul J. (Professor of Roman law in the School of Law, Paul J. Du Plessis, John W Cairns, Paul J Du Plessis
Andrew R.C. Simpson, Jørn Øyrehagen Sunde, University of Aberdeen) Simpson, Andrew R.C. (Chair of Scottish Legal History, University of Oslo) Øyrehagen Sunde, Jørn (Professor in Legal History, Andrew R. C. Simpson, Jørn ØYrehagen Sunde, Andrew R C Simpson
Kenneth Reid, Marius de Waal, Reinhard Zimmermann, University of Edinburgh) Reid, Kenneth (Professor of Scots Law, Stellenbosch University) de Waal, Marius (Professor of Private Law, Hamburg) Zimmermann, Reinhard (Max-Planck-Institut, Marius De Waal