Law Commons^™

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.

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.

Law's Slow Violence Workshop, Rob Nixon, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School hosts "Law's Slow Violence Workshop" with Rob Nixon, Rachel Carson Professor of English from the University of Wisconsin. With a response from Professor Dayna Scott of Osgoode Hall Law School.

Fossil Capitalism & The Implications Of The New Pipeline Proposals For Environmental Justice In Canada, Dayna Nadine Scott

Dayna N. Scott

Osgoode Hall Law School Professor Dayna Scott employs the concept of "networked infrastructures" drawn from the literature in critical geography to reveal the environmental justice implications of the coast-to-coast crude oil network that is currently being contemplated in Canada. Her talk was delivered on January 30, 2013 as part of the Osgoode Faculty Research Seminar Series.

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

Craig M. Scott

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.

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

Craig M. Scott

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.

International Criminal Law And The Inner Morality Of Law, Larry May, Margaret Martin, Craig Scott

Craig M. Scott

Larry May, W. Alton Jones Professor of Philosophy and Professor Law Vanderbilt University, investigates what Fuller called “procedural natural law” in contemporary international criminal law.

Respondent: Margaret Martin, University of Western Ontario

Identity And Difference, Sujit Choudhry, Avigail Eisenberg, Bruce Ryder

Bruce B. Ryder

Sujit Choudhry, New York University School of Law, presents "Rights Adjudication in a Plurinational State: The Canadian Charter and the Case of Religion." Avigail Eisenberg, University of Victoria, Department of Political Science, presents "Rights in the Age of Identity Politics." The discussant is Bruce Ryder, Osgoode Hall Law School.

Panel 2: Restitution Law, Andrew Kull, Dan Priel, Benjamin Geva, Poonam Puri

Poonam Puri

PANEL II: RESTITUTION LAW: Poonam Puri, Associate Dean, Osgoode Hall Law School; Speaker: Andrew Kull, Professor, Boston University, "A Consideration Which Happens to Fail"; Speaker: Dan Priel, Professor, Osgoode Hall Law School, "Justice and Unjust Enrichment"; Discussant: Benjamin Geva, Professor, Osgoode Hall Law School.

Income Splitting, Lisa C. Philipps

Lisa Philipps

Lisa Philipps, Associate Vice-President Research at York University and Professor at Osgoode Hall Law School, discusses income splitting, tax policy, inequality and the family.

Panel 5: Access To Justice, Janet E. Mosher, Trevor C. W. Farrow, Michael J. Trebilcock, Lorne Sossin

Janet Mosher

PANEL V: ACCESS TO JUSTICE: Moderator: Lorne Sossin, Dean, Osgoode Hall Law School; Speaker: Janet Mosher, Professor, Osgoode Hall Law School, "Access to Justice Amid Threats of Contagion"; Speaker: Trevor Farrow, Professor, Osgoode Hall Law School, "What is Access to Justice?"; Discussant: Michael Trebilcock, Professor, Faculty of Law, University of Toronto.