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Tuesday, February 28, 2012

Rethinking Criminal Law Theory

Hart Publishing has just released Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law.  The book was edited by François Tanguay-Renaud and James Stribopoulos, both of Osgoode Hall Law School (York University). 

Here is the table of 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, by Malcolm Thorburn
2. Individual Emergencies and the Rule of Criminal Law, by François Tanguay-Renaud
3. The Wrong, the Bad and the Wayward: Liberalism’s Mala, by Alan Brudner
4. Obscenity without Borders, by Leslie Green
B. New Perspectives on Exculpation

5. Understanding the Voluntary Act Principle, by Andrew Botterell
6. Mental Disorder and the Instability of Blame in Criminal Law, by Benjamin L Berger
7. Responsibility, Self-respect and the Ethics of Self-pathologization, by Annalise Acorn
8. Excuses and Excusing Conditions, by Dennis Klimchuk
PART II Rethinking the Philosophical Foundations of the Domestic Criminal Process

9. The Law of Evidence and the Protection of Rights, by Hamish Stewart
10. Packer’s Blind Spot: Low Visibility Encounters and the Limits of Due Process versus Crime Control, by James Stribopoulos
11. Social Deprivation and Criminal Justice, by Kimberley Brownlee
PART III Rethinking International Criminal Law and its Specificities
12. Universal Jurisdiction and the Duty to Govern, by Michael Giudice and Matthew Schaeffer
13. International Criminal Law: Between Utopian Dreams and Political Realities, by Margaret Martin
14. Joint Intentions, by Jens David Ohlin
15. Theorizing Duress and Necessity in International Criminal Law, by Dwight Newman


Alice Eldridge said...
This comment has been removed by the author.
Alice Eldridge said...

Is confinement of killer enough for the the victims to have justice? On the other hand, is it moral to have whipping or caning as capital punishment?

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The criminal law is one of the most difficult topics in law school. Reading books such as this help me understand various principles involved in local and international laws.

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I have acquired a copy of this book two weeks ago and it's interesting to read some new incites about the utopian dream and the political realities involved in the study of international criminal law.

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I have been a virtual office assistant of a lawyer in Ohio for quite some time now and I must say, this is like the bible of my boss. This book actually inspired me to pursue my Law Degree.

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