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Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law


ISBN13: 9781107041615
Published: December 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.

  • Demonstrates that criminal law requires an additional form of reasoning, which engages with principled constraints of justice
  • Explains pitfalls of over- and under-estimating these constraints, and provides a method to ascertain them
  • Outlines new problems and areas of inquiry for scholars of criminal law theory, criminal law, and legal philosophers
  • Unpacks current controversies in command responsibility, to show how past problems in reasoning created the currently tangled law

Subjects:
International Criminal Law
Contents:
Acknowledgements
Cases and Authorities
List of Abbreviations
Part I. Introduction and Problem:
1. Introduction
2. The Identity Crisis of International Criminal Law
Part II. Proposed Solution:
3. The Humanity of Criminal Justice
4. Fundamentals without Foundations
5. Criminal Law Theory in Extremis
Part III. Illustration through Application:
6. An Unresolved Contradiction
7. The Outer Limits of Culpability
8. The Genius of Command Responsibility
9. Horizons: The Future of the Justice Conversation
Judgment
Glossary of Selected Terms
Bibliography
Index.