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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

International Criminal Law
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
Glossary of Selected Terms