ABSTRACT

The perspective on criminal law in politically organized society provides the basis for understanding how particular criminal laws are formulated. Following this perspective, criminal laws — including the enactments of legislatures, court decisions, and administrative rulings — are formulated by those segments of society which have the power to shape public policy. The very emergence of criminal law is historically a political phenomenon. The formulation of criminal law in the colonies and territories of nations presents a special case of social interests in the formulation of criminal law. The social interests of the laws imposed, supervised, or inspired by imperial nations are related to the political and economic order of the imperial nation. The operation of such social interests can be seen in three settings: English common law in the American colonies, British law in India and Africa, and American frontier law. Interest in the protection of the political order is characteristic of all states.