Law Commons^™

Can States Be Corporately Liable To Attack In War?, François Tanguay-Renaud

François Tanguay-Renaud

No abstract provided.

Desert And Avoidability In Self-Defence, François Tanguay-Renaud

François Tanguay-Renaud

Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise.

Making Sense Of 'Public' Emergencies, François Tanguay-Renaud

François Tanguay-Renaud

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 Agamben, and argue for a more discriminating understanding of the category and its moral force.

Criminalizing The State, François Tanguay-Renaud

François Tanguay-Renaud

No abstract provided.

Understanding Criminal Law Through The Lens Of Reason, François Tanguay-Renaud

François Tanguay-Renaud

This is a review essay of Gardner, John. 2007, Offences and Defences: Selected Essays in the Philosophy of Criminal Law, Oxford: Oxford University Press, 288 pp.

To Fill Or Not To Fill Individual Responsibility Gaps, François Tanguay-Renaud

François Tanguay-Renaud

No abstract provided.

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

François Tanguay-Renaud

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 recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.

Criminalizing The State, François Tanguay-Renaud

François Tanguay-Renaud

François Tanguay-Renaud, Associate Professor, Osgood Hall Law School speaks about political theory and criminal law, asking the underexplored question of whether the state, as opposed to its individual members, can intelligibly and legitimately be criminalized, with a specific focus on the possibility of its domestic criminalization. He identifies the core objections to the criminalization of states, for example, objections to the condemnation and punishment of the state, as a result of a suitably ‘criminal’ process of public accountability, for the culpable perpetration of legal wrongs. He then investigate ways in which these objections can be challenged.

What Philosophers Can Learn From Non-Philosophers About The Concept Of Law, Brian Tamanaha, Michael Giudice, Peer Zumbansen, François Tanguay-Renaud

François Tanguay-Renaud

Brian Tamanaha, St. John’s University, aims to persuade legal philosophers that useful insights for their own debate can be gleaned from the social scientific discussion of the concept of law.

Respondents: Michael Giudice, York University, Dept. of Philosophy; Peer Zumbansen, Osgoode Hall Law School

Cosmopolitanism And Constitutional Self-Government, Vlad Perju, Matt Grellette, François Tanguay-Renaud

François Tanguay-Renaud

Vlad Perju, Assistant Professor, Boston College Law School, discusses the jurisprudential foundations that make domestic constitutionalism a welcoming host to cosmopolitan attitudes and sensibilities in law.

Respondent: Matt Grellette, McMaster University.

Islamic Legal Theory And The Legitimacy Of Secular Positive Law: Is Modern Religious Liberty Sufficient For The Islamic Legal Maqsad ('Ultimate Objective') Of Hifz Al-Din ('Preserving Religion')?, Andrew March, Mohamad Al-Hakim, Michael Giudice, François Tanguay-Renaud

François Tanguay-Renaud

Andrew F. March, Associate Professor of Political Science, Yale University, examines some treatments of the meaning and extension of the Islamic legal purpose (maqad) of protecting religion (hifz al-din), with an eye towards Islamic legal theorists’ explicit or implicit encounter with modern liberal and secularist understandings of what it means to “protect religion.”

Respondent: Mohamad Al-Hakim, York University, Philosophy.

Welcome Remarks, Giuseppina D'Agostino, François Tanguay-Renaud, Victor Nabhan

François Tanguay-Renaud

This symposium focuses on the legal and commercial aspects of user generated content (“UGC”) featuring Professor Victor Nabhan, the Genest Global Faculty member for the fall 2013 term at Osgoode Hall Law School.

Not A System But An Order: Explaining The Legality Of The European Union, Michael Giudice, Keith Culver, Wil Waluchow, François Tanguay-Renaud

François Tanguay-Renaud

Keith Culver, Professor, UniverSud, and Micheal Guidice, Associate Professor of Philosophy, York University, explore the foundations of the legal system of the European Union.

Respondent: Wil Waluchow, McMaster University.

Approaches To Global Citizenship, James Tully, Louis-Philippe Hodgson, François Tanguay-Renaud

François Tanguay-Renaud

James Tully, University of Virginia, describes two different yet overlapping modes of global citizenship which he calls liberal and democratic global citizenship. More information ...

Respondent: Louis-Philippe Hodgson, York University, Dept. of Philosophy

Discussion Of Christopher Kutz's 'Or 'Emet Lecture: Democratic Holy Wars, Christopher Kutz, Louis-Philippe Hodgson, François Tanguay-Renaud

François Tanguay-Renaud

Follow-up seminar on Christopher Kutz’s ‘Or ‘Emet Lecture, delivered on Thursday, February 16, 2012. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Louis-Philippe Hodgson, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.

Post Colonial Cosmopolitanism: Making Place For Nationalism, Rahul Roa, Robert Howse, Alice Maclachlan, François Tanguay-Renaud

François Tanguay-Renaud

Rahul Rao, School of Oriental & African Studies, University of London, expresses a number of dissatisfactions with the debate between cosmopolitanism and communitarianism in international normative theory.

Respondents: Robert Howse, New York University; Alice MacLachlan, York University, Philosophy.

Using Noncambatants As Shields, Cécile Fabre, Idil Boran, François Tanguay-Renaud

François Tanguay-Renaud

Cécile Farbe, Chair in Political Theory, University of Edinburgh, talks about the coercive use of civilians as shields "a depressingly familiar feature of contemporary wars."

Respondent: Idil Boran, York University, Philosophy

Crime And The Distribution Of Security, Victor Tadros, Susan Dimock, François Tanguay-Renaud

François Tanguay-Renaud

Victor Tadros, University of Warwick, speaks about a theory of criminalization and constraints on conduct. He considers the application of the harm principle and suggests that in addition to this harm constraint a wrongfulness constraint and a punishment constraint could also be considered. He also investigates the principles that govern decisions around the criminalization of conduct.

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

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 to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …

Emergency Powers And Constitutional Theory, Victor V. Ramraj, François Tanguay-Renaud, Michael Guidice

François Tanguay-Renaud

Drawing on the experiences of aspiring constitutional orders in Southeast Asia (East Timor, Malaysia, Singapore and Thailand) with emergency powers, Victor V. Ramraj, National University of Singapore, seeks to shift the attention of constitutional theorists away from parochial debates, towards an understanding of constitutional theory and emergency powers that extends beyond the familiar domain of liberal democracies.

respondent: François Tanguay-Renaud Osgoode

Discussion Of Jeff Mcmahan's 'Or 'Emet Lecture: Proportionality In Self-Defense And War, Jeff Mcmahan, François Tanguay-Renaud, Craig Scott, Michael Giudice

François Tanguay-Renaud

Follow-up seminar on Jeff McMahan's ‘Or ‘Emet Lecture, delivered on Thursday, March 11, 2010. Part of the Legal Philosophy Between State and Transnationalism Seminar Series.

Respondents: François Tanguay-Renaud, Osgoode Hall Law School; Craig Scott, Osgoode Hall Law School.

Contra Politanism: Against The Moral Teleology Of Political Forms, Jacob T. Levy, Stefan Sciaraffa, François Tanguay-Renaud

François Tanguay-Renaud

Jacob T. Levy, Tomlinson Professor of Political Theory Professor of Political Science Associate member, Department of Philosophy, McGill University, talks about forms of political organization, moral purposes, and the influence of social technologies.

Respondent: Stefan Sciaraffa, McMaster University

Four Concepts Of Validity: Further Reflections On The Inclusive/Exclusive Positivism Debate, Will Waluchow, Leslie Green, Michael Guidice, François Tanguay-Renaud

François Tanguay-Renaud

Wil Waluchow, McMaster University, discusses four concepts of legal validity and how these might help understand the role of constitutional moral tests for legal validity.

Respondent: Les Green Osgoode Hall Law School/Oxford University

Transnational Law And Legal Pluralism: Methodological Challenges, Peer Zumbansen, Robert Wai, François Tanguay-Renaud

François Tanguay-Renaud

Peer Zumbansen, Osgoode Hall Law School, draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns regarding the fragmentation of law outside of the nation state.

Respondent: Robert Wai, Osgoode Hall Law School.

Risk Taking And Force Protection, David Luban, Dan Priel, François Tanguay-Renaud

François Tanguay-Renaud

David Duban, University Professor and Professor of Law and Philosophy at Georgetown Law, defends Michael Walzer’s reconstruction of the Doctrine of Double Effect (DDE) and its implications for the risks that just warriors must take to minimize harm to civilians.

Respondent: Dan Priel, Osgoode Hall Law School

The Legitimacy Of International Human Rights, Samantha Besson, Sophia Reibetanz Moreau, François Tanguay-Renaud

François Tanguay-Renaud

Samantha Besson, Professor of Public International Law and European Law and Co-Director of the European Law Institute, Université de Fribourg, speaks about international human rights law and the philosophy of international law.

Respondent: Sophia Reibetanz Moreau, University of Toronto

Discussion Of Frederick Schauer's 'Or 'Emet Lecture: On Law And Coercion, Frederick Schauer, Craig Scott, Michael Giudice, François Tanguay-Renaud

François Tanguay-Renaud

Follow-up seminar on Frederick Schauer's ‘Or ‘Emet Lecture, delivered on Thursday, March 12, 2009. Part of the Legal Philosophy Between State and Transnationalism Seminar Series.

Respondent: Craig Scott, Osgoode Hall Law School.

The Evolving State And The Future Of Global Trade, Dennis M. Patterson, Ruth Buchanan, Michael Giudice, François Tanguay-Renaud

François Tanguay-Renaud

Dennis Patterson, Chair in Legal Theory, European University Institute (EUI), Florence, Italy, speaks about global trade and the relationship between trade and the State.

Respondent: Ruth Buchanan, Osgoode Hall Law School.

Discussion Of Antony Duff's 'Or 'Emet Lecture: Legal Philosophy Between State And Transnationalism, Antony Duff, François Tanguay-Renaud, Michael Giudice

François Tanguay-Renaud

Follow-up seminar on Antony Duff’s ‘Or ‘Emet Lecture, delivered on Thursday, March 14, 2013. Part of the Legal Philosophy Between State and Transnationalism Seminar Series. Respondents: Michael Giudice, York Philosophy and François Tanguay-Renaud, Osgoode Hall Law School.