This is the first book of a series on criminalization, examining the principles and goals that should guide what kinds of conduct are to be criminalized, and the forms that criminalization should take. This volume studies the scope and boundaries of the criminal law, asking what…
How can the brutal and costly enterprise of criminal punishment be justified? This text makes a contribution to the philosophical literature and debate on the morality of punishing, arguing that punishment is justified in the duties that offenders incur as a result of their wron…
This volume gathers leading theorists to present original work on a range of foundational questions in criminal law theory. It provides an overview of current philosophical work on the criminal law, setting an agenda for further research and debate.
Are preventive justice measures justified? Do they needlessly blur the boundaries between criminal and civil law, signalling a change in the architecture of security? The contributors in this volume re-assess the foundations for the range of coercive measures that states now tak…
This book of essays, including Anglo-American and European perspectives, considers strict liability in criminal law : that is, the problem of criminal offences that allow a defendant to be convicted without proof of fault.
Using the court records of the Niagara District, one of the richest sets of criminal court records surviving from Upper Canada, the author explores how far local characteristics affected the operation of a criminal justice system transplanted from England. His analysis includes:…
In this collection, Canada's leading scholars in the areas of law and public policy address the potential impact of the proposed anti-terror legislation on the rights and freedoms that Canadians enjoy. Based on papers presented at a conference organized by the Faculty of Law at …
This volume examines the constitutionalisation of criminal law. It considers how the criminal law is constituted through the political processes of the state; how the agents of the criminal law can be answerable to it themselves; and finally how the criminal law can be constitut…
