Search results for 'International criminal law Philosophy' (try it on Scholar)

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  1. Mikael M. International Association for Philosophy of Law and Social Philosophy, Karlsson & Ólafur Páll Jónsson (1995). Law, Justice and the State Nordic Perspectives : Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy , Reykjavík, 26 May-2 June, 1993. [REVIEW]
     
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  2. Wesley Cragg & International Society for Philosophy of Law and Social Philosophy (1992). Retributivism and its Critics Canadian Section of the International Society for Philosophy of Law and Social Philosophy : Papers of the Special Nordic Conference Held at the University of Toronto, 25-27 June 1990. [REVIEW]
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  3. Roscoe Pound & International Congress of Philosophy (1927). The Part of Philosophy in International Law. [Longmans, Green and Co.].
     
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  4. F. C. Hutley & International Association for Philosophy of Law and Social Philosophy (1979). Law and the Future of Society a Selection of Papers Presented to the Extraordinary World Congress of the Internat. Assoc. For Philosophy of Law and Social Philosophy , Held in Sydney and Canberra, Australia, on 14-21 August, 1977. [REVIEW]
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  5. Lutz Geldsetzer & International Congress of Philosophy (1981). Bibliography of the International Congresses of Philosophy Proceedings 1900-1978 = Bibliographie der Internationalen Philosophie Kongresse : Beiträge 1900-1978. [REVIEW] Monograph Collection (Matt - Pseudo).
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  6. Gilbert Varet & International Institute of Philosophy (1965). International Directory of Philosophy and Philosophers.
     
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  7.  8
    François Tanguay-Renaud & James Stribopoulos (eds.) (2012). Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing.
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  8.  88
    Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  9.  18
    Larry May & Zachary Hoskins (eds.) (2010). International Criminal Law and Philosophy. Cambridge University Press.
    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 (...)
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  10. Jovana Davidovic (2015). Universal Jurisdiction and International Criminal Law. In Chad Flanders & Zach Hoskins (eds.), The New Philosophy of Criminal Law. Rowman & Littlefield 113-130.
    Davidovic asks what gives the international community the authority to punish some crimes? On one prominent view some crimes (genome, torture) are so heinous that the international community, so long as its procedures are fair, is justified in prosecuting them. Another view contends that heinousness alone is not enough to justify international prosecution: what is needed is an account of why the international community, in particular, has standing to hold the perpetrators to account. Davidovic raises concerns (...)
     
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  11.  54
    George P. Fletcher (2007). The Grammar of Criminal Law: American, Comparative, and International. Oxford University Press.
    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 (...)
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  12.  61
    Leslie P. Francis & John G. Francis (2010). Stateless Crimes, Legitimacy, and International Criminal Law: The Case of Organ Trafficking. [REVIEW] Criminal Law and Philosophy 4 (3):283-295.
    Organ trafficking and trafficking in persons for the purpose of organ transplantation are recognized as significant international problems. Yet these forms of trafficking are largely left out of international criminal law regimes and to some extent of domestic criminal law regimes as well. Trafficking of organs or persons for their organs does not come within the jurisdiction of the ICC, except in very special cases such as when conducted in a manner that conforms to the definitions (...)
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  13. Mark Thornton (2013). Book Review: Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Law, Edited by François Tanguay-Renaud & James Stribopoulos. [REVIEW] Canadian Journal of Law and Jurisprudence 26 (1):243-249.
    Professor John Gardner says on the jacket, “these essays – without exception insightful and penetrating – set a high standard for the rest of us to aspire to.” This collection of 15 essays by 16 Canadian authors originated in a conference at Osgoode Hall Law School, York University. The majority of contributors are based in southern Ontario . Two are from western Canada , two from the UK and one from the US . The essays are arranged in three parts, (...)
     
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  14.  18
    Kai Ambos (2015). The Overall Function of International Criminal Law: Striking the Right Balance Between the Rechtsgut and the Harm Principles. [REVIEW] Criminal Law and Philosophy 9 (2):301-329.
    Current International Criminal Law suffers from at least four theoretical shortcomings regarding its ‘concept and meaning’, ‘ius puniendi’, ‘overall function’ and ‘purposes of punishment’. These issues are intimately interrelated; in particular, any reflection upon the last two issues without having first clarified the ius puniendi would not make sense. As argued elsewhere, in an initial contribution towards a consistent theory of ICL, the ius puniendi can be inferred from a combination of the incipient supranationality of the value-based world (...)
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  15.  31
    Shlomit Wallerstein (2015). Delegation of Powers and Authority in International Criminal Law. Criminal Law and Philosophy 9 (1):123-140.
    By what right, or under whose authority, do you try me? This is a common challenge raised by defendants standing trial in front of international criminal courts or tribunals. The challenge comes from the fact that traditionally criminal law is justified as a response of the state to wrongdoing that has been identified by the state as a crime. Nevertheless, since the early 1990s we have seen the development of international criminal tribunals that have the (...)
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  16. Pablo Kalmanovitz (2011). International Criminal Law and Philosophy, Larry May and Zachary Hoskins, Eds. , 268 Pp., $88 Cloth. [REVIEW] Ethics and International Affairs 25 (1):87-89.
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  17.  20
    Mark R. Reiff (2011). International Criminal Law and Philosophy. Social Theory and Practice 37 (2):370-378.
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  18. Kirsten J. Fisher (2010). Larry May and Zachary Hoskins, Eds., International Criminal Law and Philosophy. Ethics 121 (1):209.
     
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  19. Kirsten J. Fisher (2010). May, Larry, and Hoskins, Zachary, Eds.International Criminal Law and Philosophy. Cambridge: Cambridge University Press, 2010. Pp. 258. $85.00. [REVIEW] Ethics 121 (1):209-214.
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  20.  19
    Jamie Terence Kelly (2010). The Moral Foundations of International Criminal Law. Journal of Human Rights 9 (4):502-510.
    This article reviews three books written by Larry May concerning the foundations of international criminal law: Crimes Against Humanity: A Normative Account (2005), War Crimes and Just War (2007), and Aggression and Crimes Against Peace (2008).
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  21.  12
    Kimberley Brownlee (2013). Digging Up, Dismantling, and Redesigning the Criminal Law. Criminal Law and Philosophy 7 (1):169-178.
    The criminal law raises wonderfully thorny foundational questions. Some of these questions are conceptual: What is a plausible conception of crime ? What is a plausible conception of criminal law ? Some of these questions are genealogical: What are the historical and genealogical roots of the criminal law in a particular jurisdiction? Other questions are evaluative: What are the political and moral values on which a given conception of criminal law depends? What kind of rational reconstruction, (...)
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  22.  14
    Ryan Long (2014). Responsibility, Authority, and the Community of Moral Agents in Domestic and International Criminal Law. International Criminal Law Review 14 (4-5):836 – 854.
    Antony Duff argues that the criminal law’s characteristic function is to hold people responsible. It only has the authority to do this when the person who is called to account, and those who call her to account, share some prior relationship. In systems of domestic criminal law, this relationship is co-citizenship. The polity is the relevant community. In international criminal law, the relevant community is simply the moral community of humanity. I am sympathetic to his community-based (...)
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  23. Kristen Hessler (2010). State Sovereignty as an Obstacle to International Criminal Law. In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press
     
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  24. Margaret Martin (2012). International Criminal Law : Between Utopian Dreams and Political Realities. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
     
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  25. Dwight Newman (2012). Theorizing Duress and Necessity in International Criminal Law. In François Tanguay-Renaud & James Stribopoulos (eds.), Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational, and International Criminal Law. Hart Publishing
     
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  26. Joanna Kyriakakis (2010). Prosecuting Corporations for International Crimes : The Role for Domestic Criminal Law. In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press
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  27. Jørn Jacobsen (2014). Philosophy, Theory and Criminal Law. Jurisprudence 5 (1):209-216.
    Philosophy, Theory and Criminal Law: A Review of Fran?ois Tanguay-Renaud and James Stribopoulos , Rethinking Criminal Law Theory: New Canadian Perspectives in the Philosophy of Domestic, Transnational and International Criminal Law.
     
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  28. Leslie P. Francis & John G. Francis (2010). International Criminal Courts, the Rule of Law, and the Prevention of Harm : Building Justice in Times of Injustice. In Larry May & Zachary Hoskins (eds.), International Criminal Law and Philosophy. Cambridge University Press
     
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  29.  18
    Alfred P. Rubin (1997). Ethics and Authority in International Law. Cambridge University Press.
    The specialised vocabularies of lawyers, ethicists, and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make 'war crimes' or 'terrorism' criminal under international law seem doomed to fail for the same reasons that attempts failed in the early (...)
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  30. Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press Uk.
    International law has recently emerged as the subject-matter of an exciting new field of philosophical investigation. The Philosophy of International Law contains 29 cutting-edge essays by leading philosophers and international lawyers, all published here in English for the first time, that address the central philosophical questions about international law. The volume's overarching theme is the moral and political values that should guide the assessment and development of international law and institutions. Some of the essays (...)
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  31.  62
    Michael S. Moore (1993). Act and Crime: The Philosophy of Action and its Implications for Criminal Law. Oxford University Press.
    This work provides, for the first time, a unified account of the theory of action presupposed by both British and American criminal law and its underlying morality. It defends the view that human actions are volitionally caused body movements. This theory illuminates three major problems in drafting and implementing criminal law--what the voluntary act requirement does and should require, what complex descriptions of actions prohibited by criminal codes both do and should require, and when the two actions (...)
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  32.  41
    Andrew Botterell (2013). Review of Douglas Husak, Philosophy of Criminal Law: Selected Essays. [REVIEW] University of Toronto Law Journal 63 (1):152-158.
    A review of Douglas Husak, Philosophy of Criminal Law: Selected Essays (Oxford University Press, 2010).
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  33.  69
    Antony Duff (2010). Authority and Responsibility in International Criminal Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
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  34. David Luban (2010). Fairness to Rightness: Jurisdiction, Legality, and the Legitimacy of International Criminal Law. In Samantha Besson & John Tasioulas (eds.), The Philosophy of International Law. OUP Oxford
  35.  64
    Massimo Renzo (2012). Crimes Against Humanity and the Limits of International Criminal Law. Law and Philosophy 31 (4):443-476.
    Crimes against humanity are supposed to have a collective dimension with respect both to their victims and their perpetrators. According to the orthodox view, these crimes can be committed by individuals against individuals, but only in the context of a widespread or systematic attack against the group to which the victims belong. In this paper I offer a new conception of crimes against humanity and a new justification for their international prosecution. This conception has important implications as to which (...)
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  36.  55
    Antony Duff (ed.) (1998). Philosophy and the Criminal Law: Principle and Critique. Cambridge University Press.
    Five pre-eminent legal theorists tackle a range of fundamental questions on the nature of the philosophy of criminal law. Their essays explore the extent to which and the ways in which our systems of criminal law can be seen as rational and principled. The essays discuss some of the principles by which, it is often thought, a system of law should be structured, and they ask whether our own systems are genuinely principled or riven by basic contradictions, (...)
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  37. John Deigh & David Dolinko (eds.) (2011). The Oxford Handbook of the Philosophy of the Criminal Law. Oxford University Press.
    This is the first comprehensive handbook in the philosophy of criminal law. It contains seventeen original essays by leading thinkers in the field and covers the field's major topics including limits to criminalization, obscenity and hate speech, blackmail, the law of rape, attempts, accomplice liability, causation, responsibility, justification and excuse, duress, provocation and self-defense, insanity, punishment, the death penalty, mercy, and preventive detention and other alternatives to punishment. It will be an invaluable resource for scholars and students whose (...)
     
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  38.  36
    Douglas N. Husak (2010). The Philosophy of Criminal Law: Selected Essays. Oxford University Press.
    Does criminal liability require an act? -- Motive and criminal liability -- The costs to criminal theory of supposing that intentions are irrelevant to permissibility -- Transferred intent -- The nature and justifiability of nonconsummate offenses -- Strict liability, justice, and proportionality -- The sequential principle of relative culpability -- Willful ignorance, knowledge, and the equal culpability thesis : a study of the significance of the principle of legality -- Rapes without rapists : consent and reasonable mistake (...)
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  39.  97
    Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and (...)
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  40.  29
    John Gardner (2007). Offences and Defences: Selected Essays in the Philosophy of Criminal Law. Oxford University Press.
    The wrongness of rape -- Rationality and the rule of law in offences against the person -- Complicity and causality -- In defence of defences -- Justifications and reasons -- The gist of excuses -- Fletcher on offences and defences -- Provocation and pluralism -- The mark of responsibility -- The functions and justifications of criminal law and punishment -- Crime : in proportion and in perspective -- Reply to critics.
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  41. Charles Covell (1998). Kant and the Law of Peace: A Study in the Philosophy of International Law and International Relations. St. Martin's Press.
    Charles Covell examines the jurisprudential aspects of Kant's international thought, with particular reference to the argument of the treatise Perpetual Peace (1795). The book begins with a general outline of Kant's moral and political philosophy. In the discussion of Perpetual Peace that follows, it is explained how Kant saw law as providing the basis for peace among men and states in the international sphere, and how, in his exposition of the elements of the law of peace, Kant (...)
     
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  42.  69
    Anna Goppel & Anne Schwenkenbecher (2012). Philosophy and International Law: Reflections on Interdisciplinary Research Into Terrorism. Ancilla Iuris 111.
    This essay investigates the possibilities and limits of interdisciplinary research into terrorism. It is shown that approaches that combine philosophy and international law are necessary, and when such an approach needs to be adopted. However, it is also important not to underestimate how much of a challenge is posed by the absence of agreement concerning the definition of terrorism, and also by the structural differences in the way the two disciplines address the problem and formulate the issues. Not (...)
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  43.  1
    Douglas N. Husak (1987). Philosophy of Criminal Law. Rowman & Littlefield.
    This volume collects 17 of Douglas Husak's influential essays in criminal law theory. The essays span Husak's original and provocative contributions to the central topics in the field, including the grounds of criminal liability, relative culpability, the role of defences, and the justification of punishment. The volume includes an extended introduction by the author, drawing together the themes of his work, and exploring the goals of criminal theory.
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  44.  75
    Samantha Besson & John Tasioulas (eds.) (2010). The Philosophy of International Law. Oxford University Press.
    The other contributions address philosophical problems arising in specific domains of international law, such as human rights law, international economic law, ...
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  45.  16
    Douglas Husak (2013). The Philosophy of Criminal Law: Extending the Debates. [REVIEW] Criminal Law and Philosophy 7 (2):351-365.
    Larry Alexander and Peter Westen each critically examine different topics from my recent collection of essays, The Philosophy of Criminal Law. Alexander focuses on my “Rapes Without Rapists,” “Mistake of Law and Culpability,” and “Already Punished Enough.” Westen offers a more extended commentary on my “Transferred Intent.” I briefly reply to each critic in turn and try to extend the debates in new directions.
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  46. Lennart Nordenfelt (1992). On Crime, Punishment, and Psychiatric Care: An Introduction to Swedish Philosophy of Criminal Law and Forensic Psychiatry. Almqvist & Wiksell International.
  47.  8
    Youngjae Lee (2014). What is Philosophy of Criminal Law? Criminal Law and Philosophy 8 (3):671-685.
    Introduction: State-Centered and Individual-Centered TheoriesWhat is philosophy of criminal law? The seventeen essays in this book, as a whole, provide an excellent place to start in answering that question. Editors John Deigh and David Dolinko state that they put together this volume of “seventeen original essays by leading thinkers in the philosophy of the criminal law” in order to create “an authoritative handbook” representing “the state of current research on the major topics in the field that (...)
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  48.  2
    Gwyneth C. McClendon (2009). Building the Rule of International Criminal Law: The Role of Judges and Prosecutors in the Apprehension of War Criminals. [REVIEW] Human Rights Review 10 (3):349-372.
    International criminal tribunals are weak institutions, especially since they do not have their own police forces to execute arrest warrants. Understandably then, much of the existing literature has focused exclusively on pressure from major powers and on changing domestic politics to explain the apprehension of suspected war criminals. In contrast, this article turns attention back to the tribunals themselves. I propose three ways in which the activities of international criminal tribunals impact compliance with arrest warrants: through (...)
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  49.  5
    Larry May (2007). The Moral Foundations of International Criminal Law. Social Philosophy Today 23:243-248.
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  50. Cupido (2015). The Casuistry of International Criminal Law: Exploring A New Field of Research. Netherlands Journal of Legal Philosophy 44 (2):116-132.
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