Making the Modern Criminal Law: Criminalization and Civil Order by Lindsay Farmer, Oxford University Press, 2016, 340pp (ISBN 9780199568642)

摘要: Making the Modern Criminal Law is part of a broader project on criminalisation undertaken by Lindsay Farmer, Antony Duff, Sandra Marshall, Massimo Renzo and Victor Tadros. Lindsay Farmer is a respected and influential scholar of criminal law theory, who has long argued that criminal law should not be seen as timeless but should be situated within historical and social processes. The monograph is an in-depth, persuasive engagement with, and challenge of, contemporary accounts of criminalisation.To provide some specificity, Farmer restricts his focus to English criminal law and primarily English criminal law theorists. He justifies this by noting English common law is the foundation of many Anglophone systems of criminal law, and thus continues to offer insights into the foundations of many systems of criminal jurisprudence worldwide. For Australian audiences the book is relevant, as the histories of 18 th-and 19 th-century treatise writers and law reform reflect our common history, while contemporary English law and academic debates continue to resonate in Australia. The monograph provides a masterful overview of historical and contemporary criminal law theory debates and analysis, which will offer academics, students and practitioners a guide for further reading.