Rethinking criminal law theory new Canadian perspectives in the philosophy of domestic, transnational, and international criminal law edited by François Tanguay-Renaud and James Stribopoulos.

Format:

Book

Contributor:

Tanguay-Renaud, François, 1979- editor.

Stribopoulos, James, editor.

Language:

English

Subjects (All):

Criminal law--Canada.

Criminal law.

Criminal law--Philosophy.

International criminal law--Philosophy.

International criminal law.

Physical Description:

1 online resource (335 p.)

Edition:

1st ed.

Place of Publication:

Oxford Portland, OR Hart Publishing 2012.

Language Note:

English

Summary:

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to international criminal law per se. This collection seeks to bring all these Canadian voices together for the first time, and evidence the fact that criminal law theory is no longer to be associated exclusively with the older British, German and American traditions. The topics covered include questions of philosophical methodology, the legitimate scope of domestic and international criminalization, rationales for criminal law defences in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorization of criminal procedure and evidence law. ENDORSEMENTS "In continental Europe, academic commentary on the criminal law has long manifested large philosophical ambitions. Less so in common-law countries, where the dominance of jury trial and the piecemeal development of case-law, together with the famously robust attitudes of common lawyers, have militated against detailed philosophical engagement with doctrine. Over the last 20 years or so, however, new generations of philosophically-literate lawyers and legally-informed philosophers have overcome the historic resistance. Nowhere more so, it seems, than in Canada, where the common law and civilian traditions meet. In 'Rethinking Criminal Law Theory', François Tanguay-Renaud and James Stribopoulos have joined with 14 talented Canadian colleagues to showcase the tremendous breadth and depth of their contemporary national contribution to the subject. Ranging across topics as diverse as emergency, obscenity, and insanity, these essays - without exception insightful and penetrating -set a high standard for the rest of us to aspire to.'' John Gardner, University of Oxford "'Rethinking Criminal Law Theory' is an excellent collection of essays demonstrating the vigour, creativity and range of Canadian criminal justice scholarship. It covers a wide range of problems and issues both in the domestic and the international context. Core questions are examined in depth and new questions are brought to the fore. I recommend it very highly to criminal lawyers and philosophers of the criminal law." Professor Victor Tadros, University of Warwick "'Rethinking Criminal Law Theory 'is packed with outstanding contributions from criminal law theorists who are among the best not only in Canada, but in the whole English-speaking world. Broad and deep in its coverage, the collection offers fresh approaches to a wide range of cutting-edge issues in the field. It provides a resource readers will come back to repeatedly." Stuart Green, Professor of Law and Justice Nathan L Jacobs Scholar, Rutgers University

Contents:

Two conceptions of equality before the (criminal) law / Malcolm Thorburn

Individual emergencies and the rule of criminal law / François Tanguay-Renaud

The wrong, the bad and the wayward : liberalism's mala in se / Alan Brudner

Obscenity without borders / Leslie Green

Understanding the Voluntary Act principle / Andrew Botterell

Mental disorder and the instability of blame in criminal law / Benjamin L. Berger

Responsibility, self-respect and the ethics of self-pathologization / Annalise Acorn

Excuses and excusing conditions / Dennis Klimchuk

The law of evidence and the protection of rights / Hamish Stewart

Packer's blind spot : low visability encounters and the limits of due procss versus crime control / James Stribopoulos

Social deprivation and criminal justice / Kimberley Brownlee

Universal jurisdiction and the duty to govern / Michael Giudice and Matthew Schaeffer

International criminal law : between utopian dreams and political realities / Margaret Martin

Joint intentions / Jens David Ohlin

Theorizing duress and necessity in international criminal law / Dwight Newman

PART I

Rethinking the Philosophical Foundations of Substantive Domestic Criminal Law

A. The Legitimate Scope of Criminal Law and the Methodology of Criminal Law Theory

1. Two Conceptions of Equality before the (Criminal) Law

Malcolm Thorburn

2. Individual Emergencies and the Rule of Criminal Law

François Tanguay-Renaud

3. The Wrong, the Bad and the Wayward: Liberalism's Mala in Se

Alan Brudner

4. Obscenity without Borders

Leslie Green

B. New Perspectives on Exculpation

5. Understanding the Voluntary Act Principle

Andrew Botterell

6. Mental Disorder and the Instability of Blame in Criminal Law

Benjamin L Berger

7. Responsibility, Self-respect and the Ethics of Self-pathologization

Annalise Acorn

8. Excuses and Excusing Conditions

Dennis Klimchuk

PART II

Rethinking the Philosophical Foundations of the Domestic Criminal Process

9. The Law of Evidence and the Protection of Rights

Hamish Stewart

10. Packer's Blind Spot: Low Visibility Encounters and the Limits of Due Process versus Crime Control

James Stribopoulos

11. Social Deprivation and Criminal Justice

Kimberley Brownlee

PART III

Rethinking International Criminal Law and its Specificities

12. Universal Jurisdiction and the Duty to Govern

Michael Giudice and Matthew Schaeffer

13. International Criminal Law: Between Utopian Dreams and Political Realities

Margaret Martin

14. Joint Intentions

Jens David Ohlin

15. Theorizing Duress and Necessity in International Criminal Law

Dwight Newman

Notes:

Description based upon print version of record.

Includes bibliographical references and index

ISBN:

9781847319043

1847319041

9781472561091

1472561090

9781299403178

1299403174

9781847319036

1847319033

OCLC:

828793879