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International Criminal Law and Philosophy is the first anthology to bring 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.
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The Grammar of Criminal Law is a 3-volume work that addresses the field of international and comparative criminal law, with its primary focus on the issues of international concern, ranging from genocide, to domestic efforts to combat terrorism, to torture, and to other international crimes. The first volume is devoted to foundational issues. The Grammar of Criminal Law is unique in its systematic emphasis on the relationship between language and legal theory; there is no comparable comparative study of legal language. Written in the spirit of Fletcher's classic Rethinking Criminal Law, this work is essential reading in the field of international and comparative law.
CHAPTER 1 From Bentham to Kanger I. Introduction In the analytical tradition
established by Jeremy Bentham and John Austin, and continued in the twentieth
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This work approaches international law as more than merely information contained in international legal norms, & does not view international law as a body of ...
The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
A theory of customary international law -- Case studies -- A theory of international agreements -- Human rights -- International trade -- A theory of international rhetoric -- International law and moral obligation -- Liberal democracy and cosmopolitan duty.
This report, prepared for the Committee on International Human Rights Law and Practice of the International Law Association, examines the impact of international human rights law on general international law in the following areas: the structure of international obligations, the formation of customary international law, treaty law, the relationship between international law and domestic law, immunity, diplomatic protection, the right to consular notification and state responsibility. It concludes that the response by the International Court of Justice and the International Law Commission (the principal guardians of general international law) to the challenge to make international law less 'statist' and more receptive to the needs of a wider range of actors has been rather mixed.
Agency theory involves what is known as the principal-agent problem, a topic widely discussed in economics, management, and business ethics today. It is a characteristic of nearly all modern business firms that the principals (the owners and shareholders) are not the same people as the agents (the managers who run the firms for the principals). This creates situations in which the goals of the principals may not be the same as the agents--the principals will want growth in profits and stock price, while agents may want growth in salaries and positions in the hierarchy. The fourth volume in the Ruffin Series in Business, this book explores the ethical consequences of agency theory through contributions by ethicists, economists, and management theorists.
Discussion of Jeremy Bentham, Principals of international law
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