Andrew Botterell

Bio

I am an Associate Professor of Law at the University of Western Ontario. My B.A. is from McGill University, my Ph.D. is from MIT (you can find my dissertation here), and my J.D. is from the University of Toronto. During the 2006-2007 term I clerked for the Honourable Madam Justice Louise Charron at the Supreme Court of Canada.

My primary teaching and research interests are in criminal law, private law, and philosophy of law. I have published on issues in tort, contract, and the law of unjust enrichment; on topics touching on both private law theory and criminal law theory; and on the ethics of parenthood and procreation, and I would be happy to supervise students working in any of these areas. A complete list of my publications can be found here.

I am a former Editor of the Canadian Journal of Law & Jurisprudence and have been a Visiting Professor at the Centre for Ethics at the University of Toronto. I am also a longtime volunteer with Academics Without Borders.

https://orcid.org/0000-0002-8895-3812

Representative Publications

• "Revisiting the Defence of Diminished Responsibility" Osgoode Hall Law Journal 60:2 (2023): 337-372.

• "Private Law, Public Right, and the Law of Unjust Enrichment" Jurisprudence 12:4 (2021): 537-561.

• "Understanding the Tort of Deceit" in S. Degeling, M. Crawford, & N. Tiverios, eds., Justifying Private Rights (Hart Publishing, 2021), 181-200.

• "Why Gametes Are Not Like Enriched Uranium" Bioethics 30:9 (2016): 741-750.

• "Licensing Parents in International Contract Pregnancies" (with C. McLeod), Journal of Applied Philosophy 33:2 (2016): 178-196.

• "Rights, Loss, and Compensation in the Law of Torts," 69 Supreme Court Law Review (2d) (2015): 135-164.

• "Not For the Faint of Heart: Assessing the Status Quo on Adoption and Parental Licensing" (with C. McLeod), in F. Baylis and C. McLeod, eds., Family Making: Contemporary Ethical Challenges (Oxford: OUP, 2014): 151-167.

• "Contractual Performance, Corrective Justice, and Disgorgement for Breach of Contract," Legal Theory 16:3 (2010): 135-160.

• "A Primer on the Distinction between Justification and Excuse," Philosophy Compass 4 (2009): 172-196.

• "In Defence of Infringement," Law and Philosophy 27 (2008): 269-292.

• "Why We Ought to be (Reasonable) Subjectivists about Justification," Criminal Justice Ethics 26 (2007): 36-58.

• "Property, Corrective Justice, and the Nature of the Cause of Action in Unjust Enrichment," Canadian Journal of Law & Jurisprudence 20 (2007): 275-296.