|Present||Associate Professor, Osgoode Hall Law School of York University|
|Present||Director, Osgoode Hall Law School of York University ‐ Jack and Mae Nathanson Centre on Transnational Human Rights, Crime and Security|
Assistant: Angela Monardo
Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law Books (2012)
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 ...
Test, Trace, and Isolate: Covid-19 and the Canadian Constitution Articles & Book Chapters (2020)
Contact tracing is essential to controlling the spread of infectious disease and plays a central role in plans to safely loosen Covid-19 physical distancing measures and begin to reopen the economy. Contact tracing apps, used ...
The Intelligibility of Extralegal State Action: A General Lesson for Debates on Public Emergencies and Legality Legal Theory (2010)
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more ...
Making Sense of 'Public' Emergencies Philosophy of Management. Volume 8, Number 2 (2009), p. 31-54. (2009)
In this article, I seek to make sense of the oft-invoked idea of ‘public emergency’ and of some of its (supposedly) radical moral implications. I challenge controversial claims by Tom Sorell, Michael Walzer, and Giorgio ...
Contributions to Books (8)
Can States be Corporately Liable to Attack in War? The Ethics of War (Oxford University Press) (2017)
Under the influence of Jeff McMahan’s groundbreaking work, many recent writings in Just War theory have taken a fundamentally individualistic turn in their approach to the morality of war. It is individuals’ actions that make ...
Basic Challenges for Governance in Emergencies Justice, Responsibility and Reconciliation in the Wake of Conflict. (2013)
What are emergencies and why do they matter? In this chapter, I seek to outline the morally significant features of emergencies, and demonstrate how these features generate corresponding first- and second-order challenges and responsibilities for ...
Puzzling about State Excuses as an Instance of Group Excuses The Constitution of Criminal Law. Oxford, UK: Oxford University Press, 2013. (2013)
Can the state, as opposed co its individual human members in their personal capacity, intelligibly seek to avoid blame for unjustified wrongdoing by invoking duress, provocation, a reasonable mistake in justification, or other types of ...
Research and Working Papers (8)
Basic Challenges for Governance in Emergencies Comparative Research in Law & Political Economy (2012)
What are emergencies and why do they matter? In this chapter (in its penultimate version), I seek to outline the morally significant features of the concept of emergency, and demonstrate how these features generate corresponding ...
Victor's Justice: The Next Best Moral Theory of Criminal Punishment? Comparative Research in Law & Political Economy (2012)
In this essay, I address one methodological aspect of Victor Tadros's The Ends of Harm - namely, the moral character of the theory of criminal punishment it defends. First, I offer a brief reconstruction of ...
Puzzling About State Excuses as an Instance of Group Excuses Comparative Research in Law & Political Economy (2011)
Can the state, as opposed to its individual human members in their personal capacity, intelligibly seek to avoid blame for unjustified wrongdoing by invoking excuses (as opposed to justifications)? Insofar as it can, should such ...
The Intelligibility of Extra-Legal State Action: A General Lesson for Debates on Public Emergencies and Legality Comparative Research in Law & Political Economy (2010)
This is the penultimate draft of an article to be published in Legal Theory. Some legal theorists deny that states can conceivably act extra-legally, in the sense of acting contrary to domestic law. This position ...
Individual Emergencies and the Rule of Criminal Law Comparative Research in Law & Political Economy (2008)
This is the draft of a paper initially presented in the Oxford Jurisprudence Discussion Group. The paper assesses the relationship between individual emergencies and criminal law in light of the ideal of the rule of ...