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Justice in Extreme Cases
Criminal Law Theory Meets International Criminal Law
The book shows how moral theory can challenge and improve international criminal law and how extreme cases can challenge and improve mainstream theory.
Darryl Robinson (Author)
9781107041615, Cambridge University Press
Hardback, published 17 December 2020
225 pages
23.5 x 16 x 2 cm, 0.61 kg
Darryl Robinson has firmly established himself as a leading and original theorist in the area of international criminal law (ICL). Robinson's book has received widespread and justified praise…. [T]here is no aspect of ICL that could not be improved by adopting Robinson's approach to legal theory. Joseph Rikhof, Canadian Yearbook of International Law/Annuaire canadien de droit international
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.
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.
Subject Areas: Criminal procedure [LNFX], Criminal justice law [LNFB], Public international law [LBB]