• Publications
  • Influence
The Moral Limits of Consent as a Defense in the Criminal Law
  • D. Baker
  • Political Science, Psychology
  • 2009
In this paper I aim to examine the objective limitations of consent as a defense to criminal harm doing. This paper starts by briefly outlining the idea of objective morality (critical morality) asExpand
A Critical Evaluation of the Historical and Contemporary Justifications for Criminalising Begging
  • D. Baker
  • Political Science, Sociology
  • 1 June 2009
In evaluating the historical and contemporary justifications for the offences of vagrancy and begging, the first part of this essay focuses on the historical roots of the older English legislation.Expand
Contributory Qualifying and Non-Qualifying Triggers in the Loss of Control Defence: A Wrong Turn on Sexual Infidelity
This article considers the decision of the Court of Appeal in R v Clinton [2012] EWCA Crim 2, [2012] 1 Cr App R 26 where Lord Judge CJ speaking for the Court of Appeal held that sexual infidelityExpand
Punishment Without a Crime: Is Preventive Detention Reconcilable with Justice
In this paper, I argue that civil preventive detention is tolerable because it is the lesser of two evils. I argue that the serious sex offender is partially to blame for his preventive detention,Expand
The temptation of provincial criminal law
Under s.91 (27) of the BNA Act, 1867, the Federal Parliament has the exclusive authority to legislate “criminal law.” This has not stopped the provinces from passing “quasi-criminal” laws that areExpand
Should Unnecessary Harmful Nontherapeutic Cosmetic Surgery Be Criminalized
In this article, it is argued that an application of the harm principle to many forms of nontherapeutic cosmetic surgery shows that these procedures are a form of physical harm, not a form ofExpand
Bylaw Battles: Explaining Municipal-Provincial and Municipal-Federal Win-Rates
Municipal bylaws are routinely contested in court on the grounds that they are “ultra vires” or beyond the legal authority of the municipality. Many of these challenges allege that the municipalExpand
The Right Not to be Criminalized: Demarcating Criminal Law's Authority
This book is aimed at legislators, as clearly even liberal courts such as The Warren Court (The Supreme Court of the United States between 1953 and 1969), will find themselves hamstrung by some ofExpand
The Right Not to be Criminalized
  • D. Baker
  • Political Science
  • 28 October 2016
Constitutionalizing the harm principle
In this paper, I argue that a constitutionalized Harm Principle could ensure that people are not jailed unless they deserve it. I do not aim to outline every possible type of bad consequence beyondExpand