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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: £55.00



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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.