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Now available at University of Toronto Law Journal Advance Online
http://utpjournals.metapress.com/content/120886/?Content+Status=Accepted
Is Eating People Wrong: Great Legal Cases and How They Shaped the World
Jim Phillips
http://utpjournals.metapress.com/content/048416k650t34162/?p=a88a6247f2184642818fd170efabf5f8&pi=2
Territorial Jurisdiction And Criminalization
Lindsay Farmer
The nature of jurisdiction and its relation to the criminal law is either poorly understood or neglected altogether. Jurisdiction is often viewed either as a purely technical matter – a procedural hurdle to be crossed before a court can hear a particular case – or as something linked pragmatically to the limits of enforcement of the law. This is particularly true in relation to territorial jurisdiction, where the idea of territory is treated as though it were natural and self-evident, without acknowledgement of the way that it is shaped by particular legal and political institutions. The present article has two aims. First it identifies and analyses the principal features of the paradigm of territorial jurisdiction as this has developed in English law, looking in particular at the way the idea of ‘territory’ has shaped and been shaped by the development of the criminal law. It then goes on to explore the relationship between jurisdiction and criminalization by showing how the development of the paradigm of territorial jurisdiction was linked, not only to the emergence and form of certain laws, but more generally to the idea of a criminal law as a body of norms which applied consistently and seamlessly within a given legal space.
http://utpjournals.metapress.com/content/85p4j5h308v0hu37/?p=a88a6247f2184642818fd170efabf5f8&pi=0
Criminal Jurisdiction And Conceptions Of Penality In Comparative Perspective
Markus D Dubber
This article undertakes a critical analysis of the concept of criminal jurisdiction from a comparative and historical perspective, focusing on common criminal law and German criminal law in particular. Despite a recent upsurge of interest in criminal jurisdiction in the international sphere, domestic criminal jurisdiction remains understudied in both legal systems. Turned inward, conceptions of ‘international’ criminal jurisdiction in a given domestic legal system turn out to reflect the tension between competing fundamental conceptions of state penality.
http://utpjournals.metapress.com/content/n6r043702j10m035/?p=a88a6247f2184642818fd170efabf5f8&pi=1
Tribal Constitutionalism: States, Tribes and the Governance of Membership; Beyond Blood: Rethinking Indigenous Identity
Douglas Sanderson
http://utpjournals.metapress.com/content/0161051r7561kw56/?p=a88a6247f2184642818fd170efabf5f8&pi=3
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Posted by T Hawkins, UTP Journals