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Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law

Edited by: Francois Tanguay-Renaud, James Stribopoulos

ISBN13: 9781849460101
Published: January 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £60.00



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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 the legitimate scope of domestic and international criminalisation, rationales for criminal law defenses in both domestic and international law, the philosophical underpinnings of specific crimes and forms of joint responsibility, as well as the theorisation of criminal procedure and evidence law.

Subjects:
International Criminal Law, Other Jurisdictions , Canada
Contents:
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