Toward a History of American Criminal Law Theory

Abstract

This article describes the author’s formulation of the Field of Truth. The Field of Truth is a theoretical concept that does two things. First, it is designed to facilitate the study of the historical progress of American criminal law theory. It is a structure that is neutral, because it does not evaluate the merits of any particular theory and does not limit its reach to modes of thought generally accepted by scholars as “theory.” Therefore, the structure encompasses all ideas that have affected the criminal law. Second, the Field of Truth reflects how theories progress through time and interact with the fact of the system of criminal law. For example, the Field posits the existence of three elements: theories, facts, and forces. These three elements constantly interact to create the system of criminal law and move that system through time.

The Field of Truth is based on the work of a number of theorists. Those who have most influenced the creation of the Field include Stephen M. Feldman, H.L.A. Hart, Nicola Lacey, Gerald Leonard, and Alan Norrie. The article therefore describes the Field of Truth, and then discusses the work of these and other theorists in light of the Field. This discussion is designed to support the Field of Truth and more fully describe it.

This article is an original contribution to the current scholarship because it proposes a universal, neutral paradigm with which the history of criminal law theory can be explored. Heretofore, theoretical historians largely have remained tied to their own outlooks in their work. The Field of Truth intends to provide an objective basis upon which to explore history.

Keywords: legal theory, criminal law