Table of Contents

1: Introductory Observations: Objectives and Limitations
Section I: 1800-1832
2: Legal Theory and Legal Culture
3: Developments in Criminal Theory 1800-1832
Section II: 1833-1907
4: Notions of Subjective Criminal Fault
5: Objective and Constructive Criminal Fault
6: Excluding the Presumption of Fault: Strict and Vicarious Responsibility - 19th Century Developments
7: Moral Agency: The Necessary Characteristics of the Criminal Actor 1833-1907
8: Attempt: Contracting Consequentialism - Expanding the Notion of Criminal Harm? 1833-1907
Section III: 1908-1957
9: Criminal Fault 1908-1957
10: Moral Agency: the Necessary Characteristics of the Criminal Actor 1908-1957
11: Attempt: Contracting Consequentialism - Expanding the Notion of Criminal Harm? 1908-1957
12: Summary Observations and Speculations: General and Particular
Bibliography
Index

About the Author

Keith Smith is a Professor of Law at the Cardiff Law School, The University of Wales

Reviews

`Professor Smith's excellent new book repays a close reading.'
Michael Lobban, Legal Studies September 1999.
`Professor Smith's excellent analysis of the historical development of modern criminal law.'
Mark Lunney, Legal Hist.Vol.21, No.2, Aug 2000.
`many interesting areas covered in this meticulously researched book.'
Mark Lunney, Legal Hist.Vol.21, No.2, Aug 2000.
`an internal history such as this provides an invaluable insight into the process of change.'
Mark Lunney, Legal Hist.Vol.21, No.2, Aug 2000.
`this book provides a detailed history behind the laboured development of the modern criminal justice system. It is a salutary reminder that the policy rationales of thos responsible for this system were rarely articulated, and, where they were, often failed to stand sustained scrutiny. Our understanding of criminal law is much the richer for Smith's eloquent demonstration of this.'
Mark Lunney, Legal Hist. Vol.21, No.2, Aug.2000.
`the book is thorough and the theme meshes well with many others of the period.'
A. Horstman, Albion College, CHOICE, June 99