Search results for 'Law Congresses' (try it on Scholar)

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  1. Clive Parry, J. A. Hopkins, International Law Fund & British Institute of International and Comparative Law (1963). British International Law Cases a Collection of Decisions of Courts in the British Isles on Points of International Law. --. Stevens.
     
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  2. Antony Duff & N. E. Simmonds (eds.) (1984). Philosophy and the Criminal Law. Steiner.
     
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  3. Harold J. Johnson (ed.) (1987). The Medieval Tradition of Natural Law. Medieval Institute Publications, Western Michigan University.
     
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  4. George F. McLean (ed.) (1975). Philosophy and Civil Law. Office of the National Secretary of the Association, Catholic University of America.
     
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  5. Robert N. Moles (ed.) (1988). Law and Economics: Association for Legal and Social Philosophy, Fourteenth Annual Conference, the Queen's University of Belfast, 2-4 April 1987. [REVIEW] F. Steiner.
     
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  6. Aleksander Peczenik & Mikael M. Karlsson (eds.) (1995). Law, Justice and the State: Essays on Justice and Rights: Proceedings of the 16th World Congress of the International Association for Philosophy of Law and Social Philosophy (Ivr), Reykjavík, 26 May-2 June, 1993. [REVIEW] F. Steiner Verlag.
  7. William L. Twining (ed.) (1983). Facts in Law: Association for Legal and Social Philosophy, Ninth Annual Conference at Hatfield College, University of Durham, 2nd-4th April 1982. [REVIEW] Steiner.
     
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  8. Jyrki Uusitalo (ed.) (1983). Philosophical Foundations of the Legal and Social Sciences: The 11th World Congress on Philosophy of Law and Social Philosophy: Abstracts of Congress Papers. Finnish Society for Philosophy of Law.
     
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  9. Ota Weinberger, Peter Koller & Alfred Schramm (eds.) (1988). Law, Politics, Society: Reports of the 12th International Wittgenstein-Symposium, 7th to 14th August 1987, Kirchberg Am Wechsel, Austria. [REVIEW] Hölder-Pichler-Tempsky.
     
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  10. Maile-Gene Sagen (ed.) (1985). Ethics and the Law. Iowa Humanities Board.
     
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  11.  5
    Werner Maihofer & Gerhard Sprenger (eds.) (1900). Praktische Vernunft Und Theorien Der Gerechtigkeit: Xv. Weltkongress Der Internationalen Vereinigung Für Rechts- Und Sozialphilosophie, Göttingen, 18. Bis 24. August 1991. [REVIEW] F. Steiner.
    Vihjanen: Institutional Mercy u S. Harwood: Is Mercy Unjust? u K. Tuori: Critical Positivism and the Problem of the Legitimacy of Law u K. Sevon: The Practical ...
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  12. J. Roland Pennock & John William Chapman (eds.) (1985). Criminal Justice. New York University Press.
    This, the twenty-seventh volume in the annual series of publications by the American Society for Political and Legal Philosophy, features a number of distinguised contributors addressing the topic of criminal justice. Part I considers "The Moral and Metaphysical Sources of the Criminal Law," with contributions by Michael S. Moore, Lawrence Rosen, and Martin Shapiro. The four chapters in Part II all relate, more or less directly, to the issue of retribution, with papers by Hugo Adam Bedau, Michael Davis, Jeffrie G. (...)
     
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  13. H. L. A. Hart & Ruth Gavison (eds.) (1987). Issues in Contemporary Legal Philosophy: The Influence of H.L.A. Hart. Oxford University Press.
    This is a collection of essays on themes of legal philosophy which have all been generated or affected by Hart's work. The topics covered include legal theory, responsibility, and enforcement of morals, with contributions from Ronald Dworkin, Rolf Sartorius, Neil MacCormach, David Lyons, Kent Greenawalt, Michael Moore, Joseph Raz, and C.L. Ten, among others.
     
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  14.  19
    Drucilla Cornell, Michel Rosenfeld & David Carlson (eds.) (1991). Hegel and Legal Theory. Routledge.
    The first collection of essays directed towards jurisprudence with a Hegelian theme. The editors are committed to the idea that Hegel is the future source of great energy and insight within the legal academy.
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  15. J. L. M. Elders (ed.) (1984). Hugo Grotius, 1583-1983: Maastricht Hugo Grotius Colloquium, March 31, 1983. Van Gorcum.
  16. Norman Howard-Jones & Zbigniew Bańkowski (eds.) (1979). Medical Experimentation and the Protection of Human Rights: Proceedings of the Xiith Cioms Round Table Conference, Cascais, Portugal, 30 November-1 December, 1978. [REVIEW] Who Publications Centre [Distributor].
  17.  16
    André Laks & Malcolm Schofield (eds.) (1995). Justice and Generosity: Studies in Hellenistic Social and Political Philosophy: Proceedings of the Sixth Symposium Hellenisticum. Cambridge University Press.
    Hegel's often-echoed verdict on the apolitical character of philosophy in the Hellenistic age is challenged in this collection of new essays, originally presented at the sixth meeting of the Symposium Hellenisticum. An international team of leading scholars reveals a vigorous intellectual scene of great diversity: analyses of political leadership and the Roman constitution in Aristotelian terms; Cynic repudiation of the polis - but accommodation with its rulers; Stoic and Epicurean theories of justice as the foundation of society; Cicero's moral critique (...)
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  18. Stavros Panou (ed.) (1988). Theory and Systems of Legal Philosophy: Ivr 12th World Congress, Athens, 1985: Proceedings. F. Steiner.
     
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  19. Bidart Campos & Germán José (eds.) (1987). Ethics, Law, Science, Technology, and International Cooperation: Córdoba, Argentina, 27/29 March 1984. Council of Advanced International Studies.
  20. Stephen R. Goldstein (ed.) (1992). Equity and Contemporary Legal Developments: Papers Presented at the First International Conference on Equity, the Faculty of Law, the Hebrew University of Jerusalem, June 1990. Harry and Michael Sacher Institute for Legislative Research and Comparative Law, the Hebrew University of Jerusalem.
     
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  21. Alfredo Mordechai Rabello (ed.) (1997). Aequitas and Equity: Equity in Civil Law and Mixed Jurisdictions. Harry and Michael Sacher Institute for Legislative Research and Comparative Law, the Hebrew University of Jerusalem.
     
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  22.  37
    H. L. A. Hart (1994). The Concept of Law. Oxford University Press.
    The Concept of Law is the most important and original work of legal philosophy written this century. First published in 1961, it is considered the masterpiece of H.L.A. Hart's enormous contribution to the study of jurisprudence and legal philosophy. Its elegant language and balanced arguments have sparked wide debate and unprecedented growth in the quantity and quality of scholarship in this area--much of it devoted to attacking or defending Hart's theories. Principal among Hart's critics is renowned lawyer and political philosopher (...)
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  23. Seth Lazar (2012). The Morality and Law of War. In Andrei Marmor (ed.), Routledge Companion to the Philosophy of Law. Routledge 364.
    The revisionist critique of conventional just war theory has undoubtedly scored some important victories. Walzer’s elegantly unified defense of combatant legal equality and noncombatant immunity has been seriously undermined. This critical success has not, however, been matched by positive arguments, which when applied to the messy reality of war would deprive states and soldiers of the permission to fight wars that are plausibly thought to be justified. The appeal to law that is sought to resolve this objection by casting it (...)
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  24. Anthony Reeves (2014). The Binding Force of Nascent Norms of International Law. Canadian Journal of Law and Jurisprudence 28 (1):145-166.
    Demonstrating that a developing norm is not yet well established in international law is frequently thought to show that states are not bound by the norm as law. More precisely, showing that a purported international legal norm has only limited support from well-established international legal sources is normally seen as sufficient to rebut an obligation on the part of subjects to comply with the norm in virtue of its legal status. I contend that this view is mistaken. Nascent norms of (...)
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  25.  37
    Andrew Botterell (2014). Reconciling the Principled Approach to Hearsay with the Rule of Law. Supreme Court Law Review 65 (2d):145-168.
    My goal in this paper is to argue that the principled approach to hearsay is consistent with the rule of law. I begin by contrasting an instrumental conception of the rule of law with a conception that views the rule of law in primarily normative terms. I then turn my attention to a recent criticism of the Supreme Court of Canada’s principled approach to hearsay and suggest that if Michael Oakeshott’s normative interpretation of the rule of law is adopted, there (...)
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  26.  39
    Henrique Carvalho (forthcoming). Liberty and Insecurity in the Criminal Law: Lessons From Thomas Hobbes. Criminal Law and Philosophy:1-23.
    In this paper, I provide an extensive examination of the political theory of Thomas Hobbes in order to discuss its relevance to an understanding of contemporary issues and challenges faced by criminal law and criminal justice theory. I start by proposing that a critical analysis of Hobbes’s account of punishment reveals a paradox that not only is fundamental to understanding his model of political society, but also can offer important insights into the preventive turn experienced by advanced liberal legal systems. (...)
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  27.  75
    Kenneth M. Ehrenberg (2013). Law's Authority is Not a Claim to Preemption. In Wilfrid J. Waluchow & Stefan Sciaraffa (eds.), Philosophical Foundations of the Nature of Law. Oxford University Press 51.
    Joseph Raz argues that legal authority includes a claim by the law to replace subjects’ contrary reasons. I reply that this cannot be squared with the existence of choice-of-evils defenses to criminal prosecutions, nor with the view that the law has gaps (which Raz shares). If the function of authority is to get individuals to comply better with reason than they would do if left to their own devices, it would not make sense for law to claim both to pre-empt (...)
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  28. Thom Brooks (2007). Between Natural Law and Legal Positivism: Dworkin and Hegel on Legal Theory. Georgia State University Law Review 23 (3):513-60.
    In this article, I argue that - despite the absence of any clear influence of one theory on the other - the legal theories of Dworkin and Hegel share several similar and, at times, unique positions that join them together within a distinctive school of legal theory, sharing a middle position between natural law and legal positivism. In addition, each theory can help the other in addressing certain internal difficulties. By recognizing both Hegel and Dworkin as proponents of a position (...)
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  29. John Gardner (2011). What is Tort Law For? Part 1. The Place of Corrective Justice. Law and Philosophy 30 (1):1-50.
    In this paper I discuss the proposal that the law of torts exists to do justice, more specifically corrective justice, between the parties to a tort case. My aims include clarifying the proposal and defending it against some objections (as well as saving it from some defences that it could do without). Gradually the paper turns to a discussion of the rationale for doing corrective justice. I defend what I call the ‘continuity thesis’ according to which at least part of (...)
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  30. David Enoch (2011). Reason-Giving and the Law. In Leslie Green & Brian Leiter (eds.), Oxford Studies in Philosophy of Law. Oxford University Press
    A spectre is haunting legal positivists – and perhaps jurisprudes more generally – the spectre of the normativity of law. Whatever else law is, it is sometimes said, it is normative, and so whatever else a philosophical account of law accounts for, it should account for the normativity of law[1]. But law is at least partially a social matter, its content at least partially determined by social practices. And how can something social and descriptive in this down-to-earth kind of way (...)
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  31. Robert C. Robinson (2010). The Role of Causation in Decision of Tort Law. Journal of Law, Development and Politics 1 (2).
    Tort law depends on three key concepts: causation, responsibility, and fault. However, I argue that the three key concepts are neither necessary, nor sufficient, for tort.
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  32. Andrew Ashworth & Lucia Zedner (2008). Defending the Criminal Law: Reflections on the Changing Character of Crime, Procedure, and Sanctions. Criminal Law and Philosophy 2 (1):21-51.
    Recent years have seen mounting challenge to the model of the criminal trial on the grounds it is not cost-effective, not preventive, not necessary, not appropriate, or not effective. These challenges have led to changes in the scope of the criminal law, in criminal procedure, and in the nature and use of criminal trials. These changes include greater use of diversion, of fixed penalties, of summary trials, of hybrid civil–criminal processes, of strict liability, of incentives to plead guilty, and of (...)
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  33. Jules L. Coleman & Scott Shapiro (eds.) (2002). The Oxford Handbook of Jurisprudence and Philosophy of Law. Oxford University Press.
    One of the first volumes in the new series of prestigious Oxford Handbooks, The Oxford Handbook of Jurisprudence and Philosophy of Law brings together specially commissioned essays by twenty-seven of the foremost legal theorists currently writing, to provide a state of the art overview of jurisprudential scholarship. Each author presents an account of the contending views and scholarly debates animating their field of enquiry as well as setting the agenda for further study. This landmark publication will be essential reading for (...)
     
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  34.  25
    Michaela Rehm (2012). Obligation in Rousseau: Making Natural Law History? Jahrbuch für Recht Und Ethik/Annual Review of Law and Ethics 20:139-154.
    Is Rousseau an advocate of natural law or not? The purpose of Rehm’s paper is to suggest a positive answer to this controversially discussed question. On the one hand, Rousseau presents a critical history of traditional natural law theory which in his view is based on flawed suppositions: not upon natural, but on artificial qualities of man, and even rationality and sociability are counted among the latter. On the other hand he presents the self-confident manifesto for a fresh start in (...)
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  35.  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 are the "same" (...)
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  36.  36
    Mark Greenberg (2011). Naturalism in Epistemology and the Philosophy of Law. Law and Philosophy 30 (4):419-451.
    In this paper, I challenge an influential understanding of naturalization according to which work on traditional problems in the philosophy of law should be replaced with sociological or psychological explanations of how judges decide cases. W.V. Quine famously proposed the ‘naturalization of epistemology’. In a prominent series of papers and a book, Brian Leiter has raised the intriguing idea that Quine’s naturalization of epistemology is a useful model for philosophy of law. I examine Quine’s naturalization of epistemology and Leiter’s suggested (...)
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  37.  6
    Abbas Mehregan (2016). Islamo-Arabic Culture and Women’s Law: An Introduction to the Sociology of Women’s Law in Islam. International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 29 (2):405-424.
    The present paper addresses the mutual relationship between society and law in shaping women’s law in Islam from the perspective of the sociology of law. It analyzes the role of pre-Islamic social, political, and economic structures in the Arabian Peninsula in modeling women’s law and highlights some customary laws which were rejected or revived and integrated in Islamic jurisprudence. In this regard, the paper reviews issues such as polygyny, rights to inheritance, marriage, the process of testimony and acceptable forms of (...)
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  38.  57
    Susan Haack (2009). Irreconcilable Differences? The Troubled Marriage of Science and Law. Law and Contemporary Problems 72 (1).
    Because its business is to resolve disputed issues, the law very often calls on those fields of science where the pressure of commercial interests is most severe. Because the legal system aspires to handle disputes promptly, the scientific questions to which it seeks answers will often be those for which all the evidence is not yet in. Because of its case-specificity, the legal system often demands answers of a kind science is not well-equipped to supply; and, for related reasons, constitutes (...)
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  39.  20
    Miriam Gur-Arye (2012). Human Dignity of “Offenders”: A Limitation on Substantive Criminal Law. [REVIEW] Criminal Law and Philosophy 6 (2):187-205.
    The paper argues for attaching a significant role to the dignity of offenders as a limitation on the scope of substantive criminal law. Three different aspects of human dignity are discussed. Human dignity is closely connected with the principle of culpability. Respecting the dignity of offenders requires that we assign criminal liability according to the actual attitudes of the offenders towards the interests protected by the offence. The doctrine of natural and probable consequence of complicity, which allows us to assign (...)
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  40.  40
    David Dolinko (2012). Review of “Crime and Culpability: A Theory of Criminal Law”. [REVIEW] Criminal Law and Philosophy 6 (1):93-102.
    This is a review of the challenging book in which Larry Alexander and Kimberly Ferzan propose sweeping revisions to the structure of substantive criminal law.
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  41.  85
    H. G. Callaway (2012). Review of Cassese, Five Masters of International Law. [REVIEW] Law and Politics Book Review 22 (1):154-161.
    Focused on five prominent scholars of international law, and casting light on the related institutions which frequently engaged them, the present book provides insight into chief currents of international law during the last decades of the twentieth century. Spanning the gap, in some degree, between Anglo-American and continental approaches to international law, the volume consists of short intellectual portraits, combined with interviews, of selected specialists in international law. The interviews were conducted by the editor, Antonio Cassese, between 1993 and 1995 (...)
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  42.  89
    Colleen Murphy (2005). Lon Fuller and the Moral Value of the Rule of Law. Law and Philosophy 24 (3):239-262.
    It is often argued that the rule of law is only instrumentally morally valuable, valuable when and to the extent that a legal system is used to purse morally valuable ends. In this paper, I defend Lon Fuller’s view that the rule of law has conditional non-instrumental as well as instrumental moral value. I argue, along Fullerian lines, that the rule of law is conditionally non-instrumentally valuable in virtue of the way a legal system structures political relationships. The rule of (...)
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  43.  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 of genocide or crimes (...)
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  44.  48
    Anthony Reeves (2010). The Moral Authority of International Law. APA Newsletter on Philosophy and Law 10 (1):13-18.
    How should international law figure into the practical reasoning of agents who fall under its jurisdiction? How should the existence of an international legal norm regulating some activity affect a subject’s decision-making about that activity? This is a question concerning the general moral authority of international law. It concerns not simply the kind of authority international law claims, but the character of the authority it actually has. An authority, as I will use the term, is moral obligation producing: if x (...)
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  45.  72
    Re'em Segev (2006). Justification, Rationality and Mistake: Mistake of Law is No Excuse? It Might Be a Justificaton! Law and Philosophy 25 (1):31-79.
    According to a famous maxim, ignorance or mistake of law is no excuse. This maxim is supposed to represent both the standard and the proper rule of law. In fact, this maxim should be qualified in both respects: ignorance and mistake of law sometimes are, and (perhaps even more often) should be, excused. But this dual qualification only reinforces the fundamental and ubiquitous assumption which underlies the discussions of the subject, namely, that the only ground of exculpation relevant to ignorance (...)
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  46.  81
    Pavlos Eleftheriadis (2010). Law and Sovereignty. Law and Philosophy 29 (5):535-569.
    How is it possible that the idea of sovereignty still features in legal and political philosophy? Most contemporary political philosophers have little use for the idea of ‘unlimited’ or ‘absolute’ power, which is how sovereignty is normally defined. A closer look at sovereignty identifies two possible accounts: sovereignty as the fact of power or sovereignty as a title to govern. The first option, which was pursued by John Austin’s command theory of law, leads to an unfamiliar view of law and (...)
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  47.  68
    Susan Haack (2008). Of Truth, in Science and in Law. Brooklyn Law Review 73 (2).
    Abstract: This paper responds to the question posed in the announcement of the conference at Brooklyn Law School at which it was presented: if and how [the inquiry into the reliability of proffered scientific testimony mandated by Daubert] relates to 'truth,' and whose view of the truth should prevail. The first step is to sketch the legal history leading up to Daubert, and to explore some of the difficulties Daubert brought in its wake; the next, to develop an account of (...)
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  48.  6
    Adil Ahmad Haque (2014). Law and Morality at War. Criminal Law and Philosophy 8 (1):79-97.
    Through a critical engagement with Jeremy Waldron’s work, as well as the work of other writers, I offer an account of the relative scope of the morality of war, the laws of war, and war crimes. I propose an instrumentalist account of the laws of war, according to which the laws of war should help soldiers conform to the morality of war. The instrumentalist account supports Waldron’s conclusion that the laws of war justifiably prohibit attacks on civilians even if it (...)
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  49.  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 authority to judge certain crimes. (...)
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  50.  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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