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

Title

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

Files

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Available in the Osgoode Hall Law School Library

Description

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.

ISBN

9781847319043

Publication Date

1-2012

Publisher

Hart Publishing

City

Oxford

Keywords

Criminal law--Philosophy--Congresses; Criminal justice; Administration of--Philosophy--Congresses; International criminal law--Congresses; Canada

Disciplines

Criminal Law | International Law | Legal Theory

Comments

"The essays compiled in this book were first presented at a conference sharing its title, held at Osgoode Hall Law School, York University, in Toronto on 10-12 September, 2010"--Preface

Bibliographic Citation
Tanguay-Renaud, François, and James Stribopoulos. Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Oxford: Hart Publishing, 2012. Print.

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

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