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ISBN: 9781552214992-08

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A More Modest Principle of Voluntariness

From: Sovereignty, Restraint, and Guidance

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Chapter 8 argues that, in construing offence provisions, courts have proceeded on the basis that it would be absurd to attribute an intention, on the part of Parliament, to target involuntary behaviour, precisely because it is impossible to guide a person who lacks control over what he or she does.

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Michael Plaxton

Michael Plaxton is a professor of law at the University of Saskatchewan. He teaches and writes about criminal law, evidence, philosophy of law, statutory interpretation, and constitutional theory. He is the author of Implied Consent & Sexual Assault: Intimate Relationships, Autonomy, and Voice (McGill-Queen’s, 2015).