Andrew Botterell

Andrew Botterell

Academic Degrees:

B.A.(Hons.)(McGill), Ph.D.(MIT), J.D.(University of Toronto)

Phone: 519 661-2111 ext. 87864
Office: LB 235

Andrew Botterell joined Western in 2007. A former Supreme Court of Canada clerk, he was named “Professor of the Year” at Western Law in 2013-14, and received the Faculty’s Award for Teaching Excellence in 2017-18. He Chaired Western’s Department of Philosophy from 2016-19 and currently serves as Editor of the Canadian Journal of Law and Jurisprudence. His legal teaching and research interests are primarily in the philosophy of law, criminal law, and private law, and his work has appeared in Legal Theory, Law & Philosophy, Criminal Justice Ethics, the Osgoode Hall Law Journal, and the Alberta Law Review, among other places. In 2019, Andrew became Western Law's Associate Dean (Research & Graduate Studies).

Seeking graduate students in the following areas: Philosophy of Law, Criminal Law, Tort/Property/Restitution

Selected Research Highlights

"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.

"Understanding the Voluntary Act Principle," in F. Tanguay-Renaud and J. Stribopoulos, eds., Rethinking Criminal Law Theory (Oxford: Hart Publishing, 2012): 97-115.

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

"Normativity, Fairness, and the Problem of Factual Uncertainty" (with C. Essert), Osgoode Hall Law Journal 47:4 (2010): 663-693.

"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.