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Dr. David Prendergast

Assistant Prof in Comparative Law (Law)
HOUSE 39, COLLEGE


Dr David Prendergast is the Law School's Director of Postgraduate Teaching and Learning. He researches and teaches in jurisprudence (legal philosophy) and criminal law. David co-founded the Irish Jurisprudence Society and is a former co-editor of the Dublin University Law Journal and the Criminal Law and Practice Review. He received a Trinity Provost's Teaching Award (Early Career) in 2014. David's PhD provided a qualified defence of judicial review of electoral processes. His journal articles on substantive criminal law have been influential and cited in numerous academic texts and in judgments of the superior courts of Ireland. Current research involves investigating the structure of criminal liability, culpability, and criminal law defences. David has an LL.B. (First class) from Trinity College Dublin, an LL.M. (Distinction) from University College London and is a qualified, non-practising barrister. He worked as a legal researcher for the Law Reform Commission and was formerly Pathways to Law Liaison Officer with Trinity Access Programmes. He was formerly Director of Undergraduate Teaching and Learning and Deputy LLM Director in the Law School and is currently Director of Postgraduate Teaching and Learning.
  Constitutional law   Criminal law   criminal law theory   Jurisprudence   philosophy of criminal law
Details Date
Co-editor of the Dublin University Law Journal 2013
Anglo-German Dialogues on Criminal Law, member 2020
External Examiner, Law Society of Ireland 2017
Co-editor of the Criminal Law and Practice Review 2014
Trinity School of Law's COVID-19 Law and Human Rights Observatory, member 2020
Association for Criminal Justice Research and Development Advisory Board member 2014
Irish Innocence Project Advisory Board member 2010
Details Date From Date To
Irish Jurisprudence Society 2007 present
Irish Association of Law Teachers (IALT) 2012 present
The Society for Applied Philosophy 2022 present
David Prendergast, The Crime of Failing to Come Forward, Irish Jurist, 2023, Journal Article, PUBLISHED
David Prendergast, Handcuffs and justified force under section 19 of the Non-Fatal Offences Against the Person Act 1997, Irish Criminal Law Journal, 2023, Journal Article, PUBLISHED
David Prendergast, Police Powers and Reasonable Force, Irish Criminal Law Journal, 2022, p106 - 112, Journal Article, PUBLISHED
David Prendergast, The difference between recklessness and negligence, Criminal Theory Justice Blog, 2022, -, Miscellaneous, PUBLISHED
David Prendergast, Judicial stewardship of the provocation defence in People (DPP) v McNamara, Irish Supreme Court Review, 3, 2021, p69 - 99, Journal Article, PUBLISHED
David Prendergast, Recklessness Without the Risk, Criminal Law and Philosophy, 14, 2020, p31 - 50, Journal Article, PUBLISHED  URL
David Prendergast, Limiting Consent in Criminal Law: DPP v Brown [2018] IESC 67, Irish Supreme Court Review, 2, 2020, p135 - 154, Journal Article, PUBLISHED
David Prendergast, The judicial role in protecting democracy from populism, German Law Journal, 20, (2), 2019, p245 - 262, Journal Article, PUBLISHED
David Prendergast, Book Review: JJ Child and RA Duff, Criminal Law Reform Now, Howard Journal of Crime and Justice, 58, (4), 2019, p585 - 586, Review, PUBLISHED
David Prendergast, Book Review: Justice, Mercy, and Caprice: Clemency and the Death Penalty in Ireland I. O'Donnell, Howard Journal of Crime and Justice, 57, (4), 2018, p604 - 607, Journal Article, PUBLISHED
  

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David Prendergast, The Right to Silence, Irish Jurisprudence Society, Maynooth University, 15 February 2023, 2023, Conference Paper, PUBLISHED
David Prendergast, The difference between recklessness and negligence in criminal law, Research seminar, Trinity College Dublin, 15 March 2023, 2023, Conference Paper, PUBLISHED
David Prendergast, Book Review: The Criminal Law's Person, Howard Journal of Crime and Justice, 2023, Review, PUBLISHED
David Prendergast, What the relational self tells us about criminal law, UCD Book Symposium on Jonathan Herring's Law and the Relational Self (Cambridge University Press 2019), University College Dublin, 3-4 June 2022, edited by Christopher Cowley and Sarah Fulham-McQuillan , 2022, Conference Paper, PUBLISHED
David Prendergast, The difference between recklessness and negligence in criminal law, Roots of Responsibility-Varieties of Risk, Risk and Recklessness Workshop, UCL, 23-24 April 2021, edited by Claire Field , 2021, Conference Paper, PUBLISHED
Alan Eustace, Sarah Hamill, Andrea Mulligan, Public Health Law During the COVID-19 Pandemic in Ireland, COVID-19 LEGAL OBSERVATORY, School of Law, Trinity College Dublin, August, 2021, Report, PUBLISHED
David Prendergast, On relocating and refurbishing consent in sexual offences, Perspectives on Consent in Sexual Offences Workshop, Queen's University Belfast, 28 February 2020, edited by Eithne Dowds , 2020, Conference Paper, PUBLISHED
David Prendergast, Book review: Core Concepts in Criminal Law Volume 1 (Ambos, Duff, Roberts, Weigend, eds), 1826, 2020, -, Miscellaneous, PUBLISHED
David Prendergast, Criminal Law and Morality: the common architecture, Symposium on David O Brink's Fair Opportunity, Responsibility and Excuse, Somerville College, University of Oxford, 20 March 2019, edited by Anthony Skelton and Lisa Forsberg , 2019, Conference Paper, PUBLISHED
David Prendergast, Recklessness in Irish Criminal Law, TCD Law Lunchtime Research seminar, Trinity College Dublin, 16 October 2019, 2019, Conference Paper, PUBLISHED

  

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Award Date
Provost's Teaching Award (early career) winner 2014
Shortlisted for Provost's Teaching Award 2013
TCD Postgraduate Studentship 2007
Sir Jack Jacob Prize for Civil Justice, UCL 2006
Research interests: I am interested in legal theory as the sustained reflection on, investigation of, and creative analysis of how law works, that is, its distinctive contribution as a normative order that overlaps and links with other normative orders such as morality. Criminal law constitutes a primary focus for this theoretical reflection on law because it displays both transposition of moral norms as well as artificial regulatory norms. My research seeks to contribute to accurate description and deepened understanding; published papers to date have done so for criminal defences, strict liability, Mens Rea and culpability, legality, elements of criminal liability. I have also worked substantially on constitutional law and theory where it concerns the control of substantive criminal law and in other areas including judicial review and electoral processes.