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International Criminal Law and Philosophy

Part of ASIL Studies in International Legal Theory

Larry May, Zach Hoskins, Win-chiat Lee, Kristen Hessler, Leslie Francis, John Francis, Helen Stacy, Joanna Kyriakakis, Douglas Lackey, Steve Viner, Anat Biletzki, Deirdre Golash, Colleen Murphy
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  • Date Published: June 2014
  • availability: Available
  • format: Paperback
  • isbn: 9781107415256

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About the Authors
  • This anthology brings together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor.

    • First anthology to bring together legal and philosophical theorists to examine the normative and conceptual philosophical foundations of international criminal law
    • Topics include state sovereignty; groups, rather than individuals, as perpetrators and victims of international crimes; international criminal law and the promotion of human rights and social justice; and what comes after international criminal prosecutions - punishment and reconciliation
    • Contributors from North America, Australia, and Israel
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    Reviews & endorsements

    'By combining and applying legal theory to troublesome social realities this book describes international criminal law as a dynamic and developing field. International Criminal Law and Philosophy is therefore highly recommended to anyone interested in innovative and critical answers to questions of international criminal law and philosophy.' International Criminal Law Review

    'International Criminal Law and Philosophy raises fundamental questions and examines novel issues in the merging field of international criminal law. … May and Hoskins have provided a valuable contribution to current multidisciplinary debates on international criminal law.' The Journal of Ethics and International Affairs

    'International Criminal Law and Philosophy is a thought-provoking and valuable collection of essays, all of which are intended to examine both the conceptual and normative grounding of international criminal law, which is supposedly individual responsibility for mass atrocities … Readers interested in legal theory generally or challenges to international criminal law specifically would have the most to gain from this material …' Dr Edwin Bikundo, Current Issues in Criminal Justice

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    Product details

    • Date Published: June 2014
    • format: Paperback
    • isbn: 9781107415256
    • length: 270 pages
    • dimensions: 229 x 152 x 14 mm
    • weight: 0.36kg
    • availability: Available
  • Table of Contents

    Introduction Larry May and Zach Hoskins
    Part I. Sovereignty and Universal Jurisdiction:
    1. International crimes and universal jurisdiction Win-chiat Lee
    2. State sovereignty as an obstacle to international criminal law Kristen Hessler
    3. International criminal courts, the rule of law, and the prevention of harm: building justice in times of injustice Leslie Francis and John Francis
    Part II. Culture, Groups, and Corporations:
    4. Criminalizing culture Helen Stacy
    5. Identifying groups in genocide cases Larry May
    6. Prosecuting corporations for international crimes: the role for domestic criminal law Joanna Kyriakakis
    Part III. Justice and International Criminal Prosecutions:
    7. Post war environmental damage: a study in jus post bellum Douglas Lackey
    8. On state self-defense and Guantánamo Bay Steve Viner
    9. Politicizing human rights (using international law) Anat Biletzki
    Part IV. Punishment and Reconciliation:
    10. The justification of punishment in the international context Deirdre Golash
    11. Political reconciliation and international criminal trials Colleen Murphy.

  • Editors

    Larry May, Vanderbilt University, Tennessee
    Larry May is a Professor of Philosophy at Washington University in St Louis and Strategic Research Professor of Social Justice at the Centre for Applied Philosophy and Public Ethics at Charles Sturt University in Canberra. He is the author or editor of more than 70 articles and more than 20 books, including The Morality of War; Crimes against Humanity: A Normative Account, which won a best book prize from the North American Society for Social Philosophy and an honorable mention from the American Society of International Law; War Crimes and Just War, which won the Frank Chapman Sharp Prize for best book on the philosophy of war and peace by the American Philosophical Association; Aggression and Crimes Against Peace, which won a best book prize from the International Association of Penal Law; and Genocide: A Normative Account.

    Zachary Hoskins, University of Nottingham
    Zachary Hoskins is a doctoral candidate at Washington University in St Louis. He is the author of 'On Highest Authority: Do Religious Reasons Have a Place in Public Policy Debates', published in Social Theory and Practice (2009).

    Contributors

    Larry May, Zach Hoskins, Win-chiat Lee, Kristen Hessler, Leslie Francis, John Francis, Helen Stacy, Joanna Kyriakakis, Douglas Lackey, Steve Viner, Anat Biletzki, Deirdre Golash, Colleen Murphy

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