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Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law (eBook)

Darryl Robinson

ISBN13: 9781009028288

Published: December 2020

Publisher: Cambridge University Press

Country of Publication: UK

Format: eBook (ePub)

Price: £23.99
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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, eBooks

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.