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A Liberal Theory of International Justice

Andrew Altman and Christopher Heath Wellman

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199564415
eISBN:
9780191721434
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564415.001.0001
Subject:
Political Science, Political Theory, International Relations and Politics

This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal ... More


International Criminal Law

Andrew Altman and Christopher Heath Wellman

in A Liberal Theory of International Justice

Published in print:
2009
Published Online:
May 2009
ISBN:
9780199564415
eISBN:
9780191721434
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199564415.003.0004
Subject:
Political Science, Political Theory, International Relations and Politics

The development of a system of international criminal law is especially important so that instances of widespread or systematic human rights abuses may be prosecuted before tribunals other than those ... More


Criminal Law and “Culture”

Claes Lernestedt

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0002
Subject:
Political Science, International Relations and Politics

This chapter argues that while both forward- and backward-looking considerations operate within the criminal law, the latter should have considerable weight in the rules for ascribing responsibility. ... More


Between Denial and Recognition: Criminal Law and Cultural Diversity

Kimmo Nuotio

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0004
Subject:
Political Science, International Relations and Politics

Philosophers such as Taylor, Habermas, and Rawls have developed theories of how the law in general can operate in a pluralistic society. However, these multicultural theories need to be adapted to ... More


Community, Culture, and Criminalization

Nicola Lacey

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0003
Subject:
Political Science, International Relations and Politics

In examining the merits of including cultural evidence as a tool for determining individual blameworthiness, it is useful to consider how the criminal law treats other mitigating factors that affect ... More


Introduction: Criminal Law and Cultural Diversity

Will Kymlicka, Claes Lernestedt, and Matt Matravers

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0001
Subject:
Political Science, International Relations and Politics

This introductory chapter first situates arguments around the use of culture in the criminal law with respect to political philosophy, on the one hand, and criminal law doctrine on the other. It then ... More


Responsibility, Morality, and Culture

Matt Matravers

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0005
Subject:
Political Science, International Relations and Politics

In the criminal law, responsibility is best understood in terms of answerability. For a person to be answerable, s/he must be capable of responding to, and acting on, reasons. Certain conditions must ... More


Family Matters: Is There Room for “Culture” in the Courtroom?

Ayelet Shachar

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0007
Subject:
Political Science, International Relations and Politics

Critics of the cultural defense argue that assessing the significance of someone’s “culture” is beyond the capacity of courts, and will lead to arbitrary results. This chapter examines family law to ... More


Criminal Law and Cultural Diversity

Will Kymlicka, Claes Lernestedt, and Matt Matravers (eds)

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.001.0001
Subject:
Political Science, International Relations and Politics

The idea of a cultural defense in criminal law is often ridiculed. To allow someone charged with a crime to say “this is my culture” as an excuse seems to open the door to cultural relativism, to ... More


Cultural Defense and the Criminal Law

Bhikhu Parekh

in Criminal Law and Cultural Diversity

Published in print:
2014
Published Online:
June 2014
ISBN:
9780199676590
eISBN:
9780191756023
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199676590.003.0006
Subject:
Political Science, International Relations and Politics

This chapter situates issues of cultural defenses within a broader theory about conflicts of value between minorities and the majority. It highlights the many ways that the criminal law rests not ... More


Under the Gun: Moving Children for War

Jacqueline Bhabha

in Child Migration and Human Rights in a Global Age

Published in print:
2016
Published Online:
January 2018
ISBN:
9780691169101
eISBN:
9781400850167
Item type:
chapter
Publisher:
Princeton University Press
DOI:
10.23943/princeton/9780691169101.003.0006
Subject:
Political Science, International Relations and Politics

This chapter examines the transport and exploitation of child labor in situations of armed conflict. It first considers some of the main reasons why children are recruited and used in armed conflicts ... More


Conclusion: Making Them Pay

J. C. Sharman

in The Despot's Guide to Wealth Management: On the International Campaign against Grand Corruption

Published in print:
2017
Published Online:
September 2017
ISBN:
9781501705519
eISBN:
9781501708442
Item type:
chapter
Publisher:
Cornell University Press
DOI:
10.7591/cornell/9781501705519.003.0007
Subject:
Political Science, International Relations and Politics

This concluding chapter compares the patterns of strengths and weaknesses among the previous case studies and provides some policy recommendations. It explains that, given the inherent difficulty of ... More


Introduction: New Wine in Old Bottles? Civilian Protection in the Twenty-First Century

Cecilia Jacob and Alistair D. B. Cook

in Civilian Protection in the Twenty-First Century: Governance and Responsibility in a Fragmented World

Published in print:
2016
Published Online:
September 2016
ISBN:
9780199467501
eISBN:
9780199087204
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199467501.003.0001
Subject:
Political Science, International Relations and Politics, Comparative Politics

The introductory chapter locates the concept of civilian protection within existing doctrine and legal frameworks that guide international work on protection. It then raises a number of ... More


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