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Reprint of the first edition of one of the earliest systematic studies of the criminal law. Sir George MacKenzie of Rosenhugh [1636-1691], "became notable for his resistance to the pretensions of the Crown, but in 1677, he was made Lord Advocate and in the next few years prosecuted and persecuted Covenanters with such zeal as to earn the title 'The Bloody Mackenzie.' In many cases he strained the law so as to obtain a conviction.": Walker, Oxford Companion to Law 792. He is also well-known for having founded the Advocates Library, now the national law library for Scotland. In contrast to Mackenzie's behavior on the bench, the Laws and Customes is notably moderate, especially in the sections dealing with witchcraft.
Written by an expert team of authors, this clear and comprehensive guide explains all the basic principles relating to Scots criminal law, taking account of ongoing changes in substantive law, including the continuing influence of human rights. This well-established text is an essential reference source for both law students and legal practitioners and includes coverage of: - developments in case law and statute reflecting the prominence of statutory offences - analysis of the meaning of 'wicked' in the context of recklessness - an examination of perjury - reflections upon diminished responsibility - the interaction between provocation and self-defence - the continuing influence of the European Convention on Human Rights and related jurisprudence - an analysis of how Scotland has sought to address the right to die issue and the age of criminal responsibility The main common law and statutory offences are covered under the following sections: - Offences against the person including homicide and sexual offences - Social protection offences including the Misuse of Drugs Act 1971 and road traffic offences - Property offences including theft, robbery, embezzlement and malicious mischief - Offences against the state and administration of justice including contempt of court and interfering with the course of justice This title is included in Bloomsbury Professional's Scots Criminal Law online service.