François Tanguay-Renaud and James Stribopoulos (ed.)
Rethinking Criminal Law Theory
New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law
Hart Publishing, janv. 2012, 334 p., ISBN:9781849460101, £50.00
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.
- 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.
Notes on Contributors
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 on Contributors.