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.
Navigation
Also of interest:
