This collection of essays honours the work of Sir Gerald Gordon CBE QC LLD (1929-). 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 outside of Scotland, including contributions from England, Ireland and the USA. Key Features: *chapters encompass a broad range of subjects of contemporary interest and significance *both substantive and procedural criminal law *contributors from practitioners and academics from both within and outwith Scotland, reflecting the influence and recognition afforded to Sir Gerald's work.
James Chalmers is a Senior Lecturer in Law at the University of Edinburgh. Fiona Leverick is a Senior Lecturer in Law at Glasgow University. Lindsay Farmer is a 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.