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Legitimacy -- Sovereignty -- Punishment -- Responsibility -- Economics -- Politics -- Evidence -- Fairness -- Concluding remarks
The Politics of International Criminal Law is an interdisciplinary collection of original research that examines the often noted but understudied political dimensions of International Criminal Law, and the challenges this nascent legal regime faces to its legitimacy in world affairs.
Volume two of a comparative study of the concepts that underpin different domestic systems of criminal law and justice.
The Routledge Handbook of Collective Responsibility comprehensively addresses questions about who is responsible and how blame or praise should be attributed when human agents act together. Such questions include: Do individuals share responsibility for the outcome or are individuals responsible only for their contribution to the act? Are individuals responsible for actions done by their group even when they don’t contribute to the outcome? Can a corporation or institution be held morally responsible apart from the responsibility of its members? The Handbook’s 35 chapters—all appearing here for the first time and written by an international team of experts—are organized into four par...
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the ...
Medieval legal and political thought encompasses the period from approximately 500 CE to 1500 CE. The term “Medieval” refers to the legal and political thought from the time of the late Roman Empire to that of the Renaissance. The legal and political thought of the Middle Ages is overwhelmingly characterized by the increasing role that religion played in influencing politics and law. By the high Middle Ages, we find the great theorists, Averroes, Maimonides, and Aquinas linking law to their respective religions of Islam, Judaism, and Christianity. This book argues that the so-called Dark Ages had very significant ideas about the law, especially how violence is to be contained, which make...
This book unlocks the look, sound, smell, taste, and feel of justice for massive human rights abuses. Twenty-nine expert authors examine the dynamics of the five human senses in how atrocity is perceived, remembered, and condemned. This book is chockful of images. It serves up remarkably diverse content. It treks around the globe: from Pacific war crimes trials in the aftermath of the Second World War to Holocaust proceedings in contemporary Germany, France, and Israel; from absurd show trials in Communist Czechoslovakia to international courtrooms in Arusha, Phnom Penh, and The Hague. Readers embark on a journey that transcends myriad dimensions, including photographic representations of gr...
This book argues that the expressivist justice model provides a meaningful foundation for the participation of victims in international criminal proceedings. Traditional criminal justice theories have tended to marginalise the role afforded to victims while informing the criminal procedures utilised by international criminal courts. As a result, giving content to, shaping, and enhancing victims’ participatory rights have been some of the most debated issues in international criminal justice. This book contributes to this debate by advancing expressivism, which has the capacity to create a historical narrative of gross human rights violations, as a core of international criminal justice abl...
Authoritative, succinct and up-to-date introduction to the law and practice of the International Criminal Court.