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Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481207
Category : Law
Languages : en
Pages : 340
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Book Description
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481207
Category : Law
Languages : en
Pages : 340
Get Book
Book Description
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788283481198
Category : Education
Languages : en
Pages : 340
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Book Description
This second volume in the series 'Philosophical Foundations of International Criminal Law' zooms in on some of the foundational concepts or principles of the discipline of international criminal law, with a view to exploring their Hinterland beyond the traditional doctrinal discourse. It contains eight chapters on concepts such as sovereignty, global criminal justice, international criminal responsibility for individuals, punishment, impunity and truth. Among the authors in this book are Christoph Burchard, Christopher B. Mahony, Milinda Banerjee, CHAO Yi, Javier Dondé-Matute, Barrie Sander, Max Pensky and Shannon E. Fyfe. The first volume in the series - Philosophical Foundations of International Criminal Law: Correlating Thinkers - correlates the writings of leading philosophers with international criminal law, including chapters on Plato, Cicero, Ulpian, Aquinas, Grotius, Hobbes, Locke, Vattel, Kant, Bentham, Hegel, Durkheim, Gandhi, Kelsen, Wittgenstein, Lemkin, Arendt and Foucault. A third volume - Philosophical Foundations of International Criminal Law: Legally Protected Interests - discusses the main values protected by the discipline and which should be added. These books do not develop or promote a particular philosophy or theory of international criminal law. Rather, they see philosophy of international criminal law as a discourse space, which includes a) correlational or historical, b) conceptual or analytical, and c) interest- or value-based approaches.
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic EPublisher
ISBN: 8283481185
Category : Law
Languages : en
Pages : 812
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Book Description
This first edition of Philosophical Foundations of International Criminal Law: Correlating Thinkers contains 20 chapters about renowned thinkers from Plato to Foucault. As the first volume in the series "Philosophical Foundations of International Criminal Law", the book identifies leading philosophers and thinkers in the history of philosophy or ideas whose writings bear on the foundations of the discipline of international criminal law, and then correlates their writings with international criminal law.
Author: Morten Bergsmo
Publisher: Torkel Opsahl Academic Epublisher
ISBN: 9788283481211
Category : Education
Languages : en
Pages : 0
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Book Description
This is the third volume in the series Philosophical Foundations of International Criminal Law: Correlating Thinkers (2018), Foundational Concepts (2019), and Legally-Protected Interests (2022).
Author: R. A. Duff
Publisher: OUP Oxford
ISBN: 0191654701
Category : Law
Languages : en
Pages : 655
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Book Description
Twenty-five leading contemporary theorists of criminal law tackle a range of foundational issues about the proper aims and structure of the criminal law in a liberal democracy. The challenges facing criminal law are many. There are crises of over-criminalization and over-imprisonment; penal policy has become so politicized that it is difficult to find any clear consensus on what aims the criminal law can properly serve; governments seeking to protect their citizens in the face of a range of perceived threats have pushed the outer limits of criminal law and blurred its boundaries. To think clearly about the future of criminal law, and its role in a liberal society, foundational questions about its proper scope, structure, and operations must be re-examined. What kinds of conduct should be criminalized? What are the principles of criminal responsibility? How should offences and defences be defined? The criminal process and the criminal trial need to be studied closely, and the purposes and modes of punishment should be scrutinized. Such a re-examination must draw on the resources of various disciplines-notably law, political and moral philosophy, criminology and history; it must examine both the inner logic of criminal law and its place in a larger legal and political structure; it must attend to the growing field of international criminal law, it must consider how the criminal law can respond to the challenges of a changing world. Topics covered in this volume include the question of criminalization and the proper scope of the criminal law; the grounds of criminal responsibility; the ways in which offences and defences should be defined; the criminal process and its values; criminal punishment; the relationship between international criminal law and domestic criminal law. Together, the essays provide a picture of the exciting state of criminal law theory today, and the basis for further research and debate in the coming years.
Author: Larry May
Publisher:
ISBN: 9780511638206
Category : International crimes
Languages : en
Pages : 258
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Book Description
This is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law.
Author: Iryna Marchuk
Publisher: Springer Science & Business Media
ISBN: 3642282466
Category : Law
Languages : en
Pages : 304
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Book Description
This book examines the rapid development of the fundamental concept of a crime in international criminal law from a comparative law perspective. In this context, particular thought has been given to the catalyzing impact of the criminal law theory that has developed in major world legal systems upon the crystallization of the substantive part of international criminal law. This study offers a critical overview of international and domestic jurisprudence with regard to the construal of the concept of a crime (actus reus, mens rea, defences, modes of liability) and exposes roots of confusion in international criminal law through a comprehensive comparative analysis of substantive criminal laws in selected legal jurisdictions.
Author: Gerhard Werle
Publisher: OUP Oxford
ISBN: 019100863X
Category : Law
Languages : en
Pages : 600
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Book Description
Principles of International Criminal Law has become one of the most influential textbooks in the field of international criminal justice. It offers a systematic and comprehensive analysis of the foundations and general principles of substantive international criminal law, including thorough discussion of its core crimes. It provides a detailed understanding of the general principles, sources, and evolution of international criminal law, demonstrating how it has developed, and how its application has changed. After establishing the general principles, the book assesses the four key international crimes as defined by the statute of the International Criminal Court: genocide, crimes against humanity, war crimes, and the crime of aggression. This new edition revises and updates work with developments in international criminal justice since 2009. It includes new material on the principle of culpability as one of the fundamental principles of international criminal law, the notion of terrorism as a crime under international law, the concept of direct participation in hostilities, the problem of so-called unlawful combatants, and the issue of targeted killings. The book retains its highly-acclaimed systematic approach and consistent methodology, making the book essential reading for both students and scholars of international criminal law, as well as for practitioners and judges working in the field.
Author: Alejandro Chehtman
Publisher: Oxford University Press
ISBN: 0199603405
Category : Law
Languages : en
Pages : 203
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Book Description
1. Rights, Individuals, and States; 2. An Interest-based Justification for the Right to Punish; 3. Extraterritorial Jurisdiction over Municipal Crimes; 4. A Theory of International Crimes; 5. Extraterritorial Jurisdiction over International Crimes; 6. Legitimate Authority and Extraterritorial Punishment; 7. Conclusion.
Author: Grant Niemann
Publisher:
ISBN: 9780409334548
Category : Criminal jurisdiction
Languages : en
Pages : 378
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Book Description
Through his insightful and engaging commentary, the author draws each concept from the developing jurisprudence and historical record, including from personal experience as an ICTY Senior Trial Attorney. The key influences underpinning the development of law in this area are identified and considered, including the creation and operation of the international criminal tribunals of the former Yugoslavia, Rwanda, East Timor and Cambodia and the permanent International Criminal Court. The interplay of jurisdiction and state sovereignty in international criminal law is examined and its core crimes are discussed, supported by examples drawn from real-life prosecutions. The commentary also details issues pertinent to both the prosecution and defence in an international criminal law matter. Problems, activities and suggested readings supplement the text. This highly readable work is an ideal introduction for students and other readers new to the area, while those more familiar with its issues will value the author's perspectives on this often confronting subject-matter.
