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Criminal Law

Theses/Dissertations

Schulich School of Law, Dalhousie University

2011

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Full-Text Articles in Law

The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes Jan 2011

The Beasts In The Jungle: Animal Welfare In International Law, Catherine Sykes

LLM Theses

Animal welfare has emerged as a pervasive concern in modern international law. The purpose of this study is to situate the international legal principle protecting the welfare of animals within the broader framework of international law. The study uses a constructivist model to develop a theory of the place of animal welfare in the international legal regime that has due regard for cultural differences and the diversity of international society. The historical antecedents for an obligation to protect animal welfare in various global cultures are considered. The argument posits an internationally recognized principle of humane treatment of animals based on …


Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau Jan 2011

Are We Flipping Coins With The Liberty Of Potentially Dangerous Individuals?: A Comparative Analysis, Sébastien David Martineau

LLM Theses

The concept of dangerousness in Canadian and French criminal law is a central component in the development of prophylactic measures, such as section 810.1 and 810.2 of the 'Criminal Code' and similar French provisions. The imposition of preventive measures to control the risk of future behaviour of potentially dangerous individuals relies on inexact science to determine and assess dangerousness. In the last decades, several risk assessment tools have been developed, notably some in Canada, but their reliability in predicting dangerousness varies. The objectivity and reliability of a determination of dangerousness can be affected not only by the type of risk …