Lindsay Farmer
Dados Biográficos
| ID | 5202343 |
|---|---|
| NOME | Lindsay Farmer |
| PRENOMES | Lindsay |
| SOBRENOME | Farmer |
| ASSINATURA | FARMER L |
| AFILIAÇÕES | University of Glasgow |
| ORCID | 0000-0002-6622-2808 |
| VERIFICADO | Sim |
| TOTAL DE OBRAS | 25 |
| TOTAL DE CITAÇÕES | 22 |
| TOTAL COMO AUTOR | 24 |
| TOTAL COMO EDITOR | 1 |
| PRIMEIRO ANO DE PUBLICAÇÃO | 1988 |
| ANO MAIS RECENTE DE PUBLICAÇÃO | 2026 |
| ÍNDICE H | 3 |
Post-sentence supervision orders in Australia
New generation post-sentence preventive detention and supervision regimes recently enacted in Australia are a hybrid of civil and penal law elements. The laws allow for the correctional supervision, in prison or the community, of certain offenders deemed serious or high-risk at completion of their sentences – what amounts to an exceptional expansion of penal power beyond conventional notions of punishment and justified in the interest of communit…
Peace, Order, Civil Order
In this paper, I will explore some different ways of thinking about order and the criminal law. I focus on three related concepts: peace, order and civil order. I will explore the similarities and differences between them and look, in particular, at how they relate to different understandings and histories of the institutions of criminal justice. I argue that the concept of ‘civil order’ has the potential to open up new theoretical perspectives o…
Taking market crime seriously
There has been a transformation in the number and the scope of criminal laws relating to forms of market misconduct. Surprisingly, however, this area of criminal law is not one that has been systematically explored in recent writing about criminalisation. However, concepts such as white-collar crime, or financial crime, which are widely used to describe this area, are poorly defined and offer little analytic clarity. This paper argues that to tak…
The ‘Market’ in Criminal Law Theory
The market is central to the political liberalism at the heart of contemporary criminal law theory. But while it is assumed that we live in a market society, there is little reflection on what this means for criminal law, most criminal law theory barely acknowledging either market crimes or the market as an institution. This paper makes the case for criminal law theory to engage with the market and to reflect on the ways in which it shapes the ro…
Modernism and the Criminal
This paper explores the relationship between literary modernism, as analyzed in Matthew Levay’s book Violent Minds, and penal modernism. It argues that, by focusing only on the work of Cesare Lombroso, literary modernism failed to engage in a serious way with the project of penal modernism
Civil order, markets, and the intelligibility of the criminal law
This article explores the meaning of the term ‘civil order’ by asking what it means to claim that criminal law is only ‘intelligible’ from the perspective of civil order. In Part II, I examine different possible meanings of the term intelligibility. In Part III, I go on to look at ways of understanding the term ‘civil order,’ arguing that it must be seen primarily as a historically situated question – that is to say, both the question of what amo…
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Making the Modern Criminal Law
This is a book about what and who should be treated as criminal under the law and the ways that this can be justified. The approach engages with, but is quite different to, much contemporary work being done on 'criminalization', which largely deploys the tools of moral and political philosophy. Instead, it connects thinking about criminalization to the development of the modern criminal law as a distinct body of rules and argues that this is conn…
Response 2
This article asks how criminal law might be understood as a security project. Following Valverde’s lead, it does this not by trying to define the concept of security, but by looking at the operation of the temporal and spatial logics of the criminal law. It looks first at the basic logics of time and space in conceptions of criminal liability and jurisdiction, before reviewing some recent developments which challenge these practices and what thes…
Territorial Jurisdiction and Criminalization
The nature of jurisdiction and its relation to the criminal law is either poorly understood or neglected altogether. Jurisdiction is often viewed either as a purely technical matter – a procedural hurdle to be crossed before a court can hear a particular case – or as something linked pragmatically to the limits of enforcement of the law. The present article has two aims. First it identifies and analyses the principal features of the paradigm of t…
Modern Histories of Crime and Punishment
Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broade…
Introduction
Jury Trials and Plea Bargaining
Whose Trial? Comments on A Theory of the Trial
Whose Trial? Comments on A Theory of the Trial
Dialogue and Debate Seizing the Law
The Principle of the Codification We Recommend Has Never Yet Been Understood”
The words of Henry Bellenden Ker, Law Commissioner, quoted as the title of this response, were truer than he knew. In protesting that the commissioners' project was less radical than was alleged by the opponents of codification, he sought principally to gain parliamentary time and space for consideration of the commissioners' work. However, his words contain a deeper vein of truth. The work of the law commissioners has been praised and criticized…
Reconstructing the English Codification Debate
Sir Henry Maine, the eminent Victorian jurist, once remarked, in frustration at being unable to secure his desired reforms of the Indian criminal law, that no one cared about the penal code except theorists and habitual criminals. This has been the recurrent lament of the English criminal lawyer. Repeated initiatives in the field of codification over the last 150 years have enjoyed little popular support or understanding, and as the most recent p…
Criminal Law, Tradition and Legal Order
Journal Article Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law 1747 to the Present Get access Farmer Lindsay, Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law 1747 to the Present. New York: Cambridge University Press, 1997. xi, 207 pp. $64.95. W. D. H. Sellar W. D. H. Sellar University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of Leg…
Criminal Law, Tradition and Legal Order
This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contem…
The Obsession With Definition
Bringing Cinderella to the Ball
Alan Norrie , Crime, Reason and History: A Critical Introduction to Criminal Law , London: Weidenfeld & Nicolson, 1993, xx + 279 pp, pb £16.95
‘The Genius of our Law...’
What has the philosophy of punishment got to do with the criminal law
Competition and the Market for Legal Services
Recent scholarship in the sociology of the professions and the legal profession in particular has placed considerable stress on the market in its account of the evolution of professions.' Paradoxically, it may be that these scholars have not taken the metaphor of the market seriously enough. Thus, the market control theorists have been driven by their preconceptions to argue that having lost control of the supply of legal services and in the abse…
Reconstructing the English Codification Debate
Sir Henry Maine, the eminent Victorian jurist, once remarked, in frustration at being unable to secure his desired reforms of the Indian criminal law, that no one cared about the penal code except theorists and habitual criminals. This has been the recurrent lament of the English criminal lawyer. Repeated initiatives in the field of codification over the last 150 years have enjoyed little popular support or understanding, and as the most recent p…
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
The Obsession With Definition
Civil order, markets, and the intelligibility of the criminal law
This article explores the meaning of the term ‘civil order’ by asking what it means to claim that criminal law is only ‘intelligible’ from the perspective of civil order. In Part II, I examine different possible meanings of the term intelligibility. In Part III, I go on to look at ways of understanding the term ‘civil order,’ arguing that it must be seen primarily as a historically situated question – that is to say, both the question of what amo…
The ‘Market’ in Criminal Law Theory
The market is central to the political liberalism at the heart of contemporary criminal law theory. But while it is assumed that we live in a market society, there is little reflection on what this means for criminal law, most criminal law theory barely acknowledging either market crimes or the market as an institution. This paper makes the case for criminal law theory to engage with the market and to reflect on the ways in which it shapes the ro…
Territorial Jurisdiction and Criminalization
The nature of jurisdiction and its relation to the criminal law is either poorly understood or neglected altogether. Jurisdiction is often viewed either as a purely technical matter – a procedural hurdle to be crossed before a court can hear a particular case – or as something linked pragmatically to the limits of enforcement of the law. The present article has two aims. First it identifies and analyses the principal features of the paradigm of t…
Whose Trial? Comments on A Theory of the Trial
The Principle of the Codification We Recommend Has Never Yet Been Understood”
The words of Henry Bellenden Ker, Law Commissioner, quoted as the title of this response, were truer than he knew. In protesting that the commissioners' project was less radical than was alleged by the opponents of codification, he sought principally to gain parliamentary time and space for consideration of the commissioners' work. However, his words contain a deeper vein of truth. The work of the law commissioners has been praised and criticized…
What has the philosophy of punishment got to do with the criminal law
Competition and the Market for Legal Services
Recent scholarship in the sociology of the professions and the legal profession in particular has placed considerable stress on the market in its account of the evolution of professions.' Paradoxically, it may be that these scholars have not taken the metaphor of the market seriously enough. Thus, the market control theorists have been driven by their preconceptions to argue that having lost control of the supply of legal services and in the abse…
‘The Genius of our Law...’
What has the philosophy of punishment got to do with the criminal law
Bringing Cinderella to the Ball
Alan Norrie , Crime, Reason and History: A Critical Introduction to Criminal Law , London: Weidenfeld & Nicolson, 1993, xx + 279 pp, pb £16.95
Criminal Law, Tradition and Legal Order
This book examines the relationship between legal tradition and national identity to offer a critical and historical perspective on the study of criminal law. It develops a radically different approach to questions of responsibility and subjectivity, and was among the first studies to combine appreciation of the institutional and historical context in which criminal law is practised with a critical understanding of the law itself. Applying contem…
The Obsession With Definition
Criminal Law, Tradition and Legal Order
Journal Article Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law 1747 to the Present Get access Farmer Lindsay, Criminal Law, Tradition and Legal Order: Crime and the Genius of Scots Law 1747 to the Present. New York: Cambridge University Press, 1997. xi, 207 pp. $64.95. W. D. H. Sellar W. D. H. Sellar University of Edinburgh Search for other works by this author on: Oxford Academic Google Scholar American Journal of Leg…
The Principle of the Codification We Recommend Has Never Yet Been Understood”
The words of Henry Bellenden Ker, Law Commissioner, quoted as the title of this response, were truer than he knew. In protesting that the commissioners' project was less radical than was alleged by the opponents of codification, he sought principally to gain parliamentary time and space for consideration of the commissioners' work. However, his words contain a deeper vein of truth. The work of the law commissioners has been praised and criticized…
Reconstructing the English Codification Debate
Sir Henry Maine, the eminent Victorian jurist, once remarked, in frustration at being unable to secure his desired reforms of the Indian criminal law, that no one cared about the penal code except theorists and habitual criminals. This has been the recurrent lament of the English criminal lawyer. Repeated initiatives in the field of codification over the last 150 years have enjoyed little popular support or understanding, and as the most recent p…
Dialogue and Debate Seizing the Law
Whose Trial? Comments on A Theory of the Trial
Whose Trial? Comments on A Theory of the Trial
Jury Trials and Plea Bargaining
Modern Histories of Crime and Punishment
Modern Histories of Crime and Punishment showcases a variety of disciplinary, methodological, and theoretical approaches that, taken together, frame historical analysis in the study and teaching of criminal law. Featuring work by historians, lawyers, theorists, and sociologists, Modern Histories approaches the history of crime and punishment not as the freestanding study of a distinct institution or body of legal doctrine, but as part of a broade…
Introduction
Territorial Jurisdiction and Criminalization
The nature of jurisdiction and its relation to the criminal law is either poorly understood or neglected altogether. Jurisdiction is often viewed either as a purely technical matter – a procedural hurdle to be crossed before a court can hear a particular case – or as something linked pragmatically to the limits of enforcement of the law. The present article has two aims. First it identifies and analyses the principal features of the paradigm of t…
Response 2
This article asks how criminal law might be understood as a security project. Following Valverde’s lead, it does this not by trying to define the concept of security, but by looking at the operation of the temporal and spatial logics of the criminal law. It looks first at the basic logics of time and space in conceptions of criminal liability and jurisdiction, before reviewing some recent developments which challenge these practices and what thes…
Making the Modern Criminal Law
This is a book about what and who should be treated as criminal under the law and the ways that this can be justified. The approach engages with, but is quite different to, much contemporary work being done on 'criminalization', which largely deploys the tools of moral and political philosophy. Instead, it connects thinking about criminalization to the development of the modern criminal law as a distinct body of rules and argues that this is conn…
Understanding processes of criminalisation
Criminalisation theory scholars have examined important questions regarding what behaviours should be criminalised and why. More recently, greater attention has been paid to linking normative accounts with empirical and historicised analyses of criminalisation practices. Building on recent work on modalities of criminalisation as a methodological tool for contextual criminalisation research, this article introduces a second analytical approach fo…
Modernism and the Criminal
This paper explores the relationship between literary modernism, as analyzed in Matthew Levay’s book Violent Minds, and penal modernism. It argues that, by focusing only on the work of Cesare Lombroso, literary modernism failed to engage in a serious way with the project of penal modernism
Civil order, markets, and the intelligibility of the criminal law
This article explores the meaning of the term ‘civil order’ by asking what it means to claim that criminal law is only ‘intelligible’ from the perspective of civil order. In Part II, I examine different possible meanings of the term intelligibility. In Part III, I go on to look at ways of understanding the term ‘civil order,’ arguing that it must be seen primarily as a historically situated question – that is to say, both the question of what amo…
Taking market crime seriously
There has been a transformation in the number and the scope of criminal laws relating to forms of market misconduct. Surprisingly, however, this area of criminal law is not one that has been systematically explored in recent writing about criminalisation. However, concepts such as white-collar crime, or financial crime, which are widely used to describe this area, are poorly defined and offer little analytic clarity. This paper argues that to tak…
The ‘Market’ in Criminal Law Theory
The market is central to the political liberalism at the heart of contemporary criminal law theory. But while it is assumed that we live in a market society, there is little reflection on what this means for criminal law, most criminal law theory barely acknowledging either market crimes or the market as an institution. This paper makes the case for criminal law theory to engage with the market and to reflect on the ways in which it shapes the ro…
Peace, Order, Civil Order
In this paper, I will explore some different ways of thinking about order and the criminal law. I focus on three related concepts: peace, order and civil order. I will explore the similarities and differences between them and look, in particular, at how they relate to different understandings and histories of the institutions of criminal justice. I argue that the concept of ‘civil order’ has the potential to open up new theoretical perspectives o…
Post-sentence supervision orders in Australia
New generation post-sentence preventive detention and supervision regimes recently enacted in Australia are a hybrid of civil and penal law elements. The laws allow for the correctional supervision, in prison or the community, of certain offenders deemed serious or high-risk at completion of their sentences – what amounts to an exceptional expansion of penal power beyond conventional notions of punishment and justified in the interest of communit…
Law (20 obras) · Political science (20 obras) · Sociology (19 obras) · Criminal law (16 obras) · Law (12 obras) · Law in Society and Culture (11 obras) · Criminal Justice and Corrections Analysis (9 obras) · Criminology (8 obras) · Criminal justice (5 obras) · History (5 obras)