Dennis Baker – författare

Baker argues that coordinate interpretation - a model which requires both elected and appointed officials to interpret the Charter - allows for the creation of a more robust democracy, alleviating some of the tension between constitutionalism and democracy while limiting judicial activism. Drawing on literature from Montesquieu to recent court decisions, Not Quite Supreme gives an extensive critique of both Canadian and American judicial models and explores the tensions between the separation of powers in both countries. Not Quite Supreme is a fresh and substantial contribution to the debate, advancing a new argument in support of a more diverse tradition of legal decision making in Canada that makes the constitution, rather than individual decisions of the Court, its cornerstone.

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

In Reinterpreting Criminal Complicity and Inchoate Participation Offences, Dennis J. Baker argues that the mental element in complicity is one of intention, that recklessness alone is not sufficient. This is demonstrated by showing that the ancient and modern authorities on complicity required intention. The book argues the ‘causal participation’ element in complicity means that the conduct element can only be established when there is intentional encouragement on the part of the accessory. As the Accessories and Abettors Act 1861, like most of the statutory provisions found in the United States, deems that both perpetrator and accessory are perpetrators for the purpose of punishment and crime labelling, limiting the mental element in complicity to intentional participation is, the author argues, the only way to reconcile these provisions with the requirements of proportionate punishment and fair labelling. As some forms of reckless encouragement and assistance will not be criminalised if the mental element in complicity is intention only, the author suggests that the solution is to amend section 45 of the Serious Crime Act 2007 to criminalise reckless participation. In addition, the author argues that standard complicity and joint enterprise complicity have the same mental and conduct elements and thus joint enterprise complicity is not a distinct form of complicity.

Understanding Law for the Social Sciences provides students with essential tools to study Canadian law from various disciplinary perspectives. It introduces key legal principles and concepts, ensuring that social science students build a strong foundation to engage confidently with legal topics. The book focuses on legal doctrines, helping students understand how these doctrines are applied by lawyers, judges, and legal scholars. To achieve this aim, it begins with chapters that cover the sources of law, legal reasoning, and statutory interpretation. Subsequent chapters introduce substantive areas of law, including constitutional law, criminal law, administrative law, contract law, tort law, property law, labour law, and environmental law. For each of these areas, the text not only outlines core concepts and terminology but also illustrates how legal controversies intersect with public debates, state authority, self-governance, and public policy.Designed as an introduction to law and legal concepts, Understanding Law for the Social Sciences prepares undergraduate students to engage with legal matters that they might further examine in law school or explore in social science graduate study. While the book is especially beneficial for political science students due to its focus on public policy, its broad scope offers valuable insights for anyone interested in understanding the role of law in society.

Understanding Law for the Social Sciences provides students with essential tools to study Canadian law from various disciplinary perspectives. It introduces key legal principles and concepts, ensuring that social science students build a strong foundation to engage confidently with legal topics. The book focuses on legal doctrines, helping students understand how these doctrines are applied by lawyers, judges, and legal scholars. To achieve this aim, it begins with chapters that cover the sources of law, legal reasoning, and statutory interpretation. Subsequent chapters introduce substantive areas of law, including constitutional law, criminal law, administrative law, contract law, tort law, property law, labour law, and environmental law. For each of these areas, the text not only outlines core concepts and terminology but also illustrates how legal controversies intersect with public debates, state authority, self-governance, and public policy.Designed as an introduction to law and legal concepts, Understanding Law for the Social Sciences prepares undergraduate students to engage with legal matters that they might further examine in law school or explore in social science graduate study. While the book is especially beneficial for political science students due to its focus on public policy, its broad scope offers valuable insights for anyone interested in understanding the role of law in society.