Rethinking Criminal Law Theory

Zusammenfassung In the last two decades! the philosophy of criminal law has undergone a vibrant revival in Canada. This collection of essays by Canadian scholars evidences the fact that criminal law theory is no longer to be associated exclusively with the older British! German! and American traditions.

...this is an excellent book that is recommended in the strongest of terms.

Autorentext
François Tanguay-Renaud is Assistant Professor of Law at Osgoode Hall Law School, and a member of the Graduate Faculty of the Department of Philosophy at York University, Toronto. James Stribopoulos is an Associate Professor of Law at Osgoode Hall Law School, York University, Toronto.

Klappentext

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 brings together, for the first time, various Canadian scholars who demonstrate 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 criminalization, 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 theorization of criminal procedure and evidence law.

Inhalt
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