Principled International Criminal Justice

Lessons from Tort Law

Nonfiction, Reference & Language, Law, Comparative, Courts, Criminal law
Cover of the book Principled International Criminal Justice by Mark Findlay, Joanna Chuah Hui Ying, Taylor and Francis
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Mark Findlay, Joanna Chuah Hui Ying ISBN: 9781351258340
Publisher: Taylor and Francis Publication: July 11, 2018
Imprint: Routledge Language: English
Author: Mark Findlay, Joanna Chuah Hui Ying
ISBN: 9781351258340
Publisher: Taylor and Francis
Publication: July 11, 2018
Imprint: Routledge
Language: English

Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Commencing its search for a principled international criminal justice, this book argues that the Preamble to the Rome Statute requires a very different notion of justice than that which would be expected in domestic jurisdictions. This thinking necessitates theorising what international criminal justice requires in terms of its legitimacy much more than normative invocations, which in their unreality can endanger the satisfaction of two central concerns – the punitive and the harm-minimisation dimensions. The authors suggest that because of the unique nature and form of the four global crimes, pre-existing proof technologies are failing prosecutors and judges, forcing the development of an often unsustainable line of judicial reasoning. The empirical focus of the book is to look at JCE (joint criminal enterprise) and aiding and abetting as case-studies in the distortion of proof tests. The substantial harm focus of ICJ (international criminal justice) invites applying compatible proof technologies from tort (causation, aggregation, and participation). The book concludes by examining recent developments in corporate criminal liability and criminalising associations, radically asserting that even in harmonising/hybridising international criminal law there resides a new and rational vision for the juridical project of international criminal justice.

More books from Taylor and Francis

Cover of the book Savage Economics by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book The Concept of Education (International Library of the Philosophy of Education Volume 17) by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book (Un)Believing in Modern Society by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Portrait of the Artist as a Young Man by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Climate Change and Agriculture in India by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book The Edison Schools by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Sport and the Physical Emancipation of English Women (RLE Sports Studies) by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Iconic Leaders in Higher Education by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Alienation or Integration of Arab Youth by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Performance: A Critical Introduction by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book The Psychology of Advertising by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Understanding Marxism by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Sport, Leisure and Tourism Information Sources by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book Species and Machines by Mark Findlay, Joanna Chuah Hui Ying
Cover of the book The Theology and Spirituality of Mary Tudor's Church by Mark Findlay, Joanna Chuah Hui Ying
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy