Abstract
This chapter focuses on John Millar's lectures on Scots criminal law as Regius Chair of Civil Law in the University of Glasgow from 1761 to 1801, along with his legal philosophy and approach to Scots criminal law. It first explains how Millar's Smithian analysis of law led him to argue that punishment was based on the need to right wrongs done. It then examines how others, including earlier law professors, had classified Scots criminal law. It shows that Millar's particular approach to Scots criminal law meant that some crimes could be considered simply as crimes against society and punished purely on the grounds of police or utility, not on that of justice. The chapter concludes with an epilogue that takes into account Millar's influence on his pupil, David Hume, and through Hume, potentially on modern Scots criminal law.
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