Botterell and Martin on Rethinking Criminal Law

 

Professors Andrew Botterell and Margaret Martin have contributed chapters to Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law, a new book edited by François Tanguay-Renaud and James Stribopoulos. 

Professor Botterell's chapter is entitled "Understanding the Voluntary Act Principle", while Professor Martin contributes "International Criminal Law: Between Utopian Dreams and Political Realities".

Professor Botterell argues that the voluntary act principle – the principle that an individual is subject to criminal liability only if her actions were performed voluntarily – needs refining. He argues that talk of actions should be replaced with talk of conduct, and suggests that the best way to think about the notion of voluntariness is by using Harry Frankfurt's hierarchical account of the will. An individual should be subject to criminal liability only if the will from which her conduct flows was freely embraced or endorsed by her.

Professor Martin explores the ideals underpinning Intentional Criminal Law. She is concerned with utopian impulses that emerge when the emancipatory power of International Criminal Law is over-estimated. By exploring the dichotomy between peace and justice, she highlights the dangers that loom when law is viewed as fundamentally good while politics as usual is fundamentally problematic. Martin advocates a victim-centered account that views International Criminal Law as a tool that is helpful in some, but not all, instances. 

 

 


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