Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare
Organized Corporate Criminality: The Creation Of A Organized Crime Smuggling Market: Tobacco Smuggling Between Canada And The Us, Margaret E. Beare
Articles & Book Chapters
The intention of this paper is to serve in part as a warning to the international community concerned about corruption, to keep the focus based on the critical analysis of empirically verifiable information. In ways similar to how theorists spoke about organized crime in the 1960s and 1970s, articles today attempt to refer to corruption as if there were one agreed upon definition. However, like the concept “organized crime”, the term “corruption” involves diverse processes which have different meanings within different societies. Corruption (or a focus on corruption), may be the means toward very diverse ends and each may have …
A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger
A Choice Among Values: Theoretical And Historical Perspectives On The Defence Of Necessity, Benjamin Berger
Articles & Book Chapters
The author explores various theoretical approaches to the defence of necessity, rejecting both excusatory conceptions of the defence and those based on the notion of moral involuntariness. Rather, the author argues that necessity is properly understood as a justificatory defence based on a lack of moral blameworthiness. After extensively surveying the history of the defence in Canadian law, the author critiques the way in which the Supreme Court of Canada has restricted the defence. He contrasts the current Canadian approach with the treatment of the defence in other jurisdictions and concludes that Canadian law would be served best by a …