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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


Justice and Desert in Liberal Theory *

Samuel Scheffler

in Boundaries and Allegiances: Problems of Justice and Responsibility in Liberal Thought

Published in print:
2002
Published Online:
November 2003
ISBN:
9780199257676
eISBN:
9780191600197
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/0199257671.003.0011
Subject:
Political Science, Political Theory

Scheffler identifies and interprets the core ideas in John Rawls's discussion of desert in A Theory of Justice. The conjunction of these ideas, which Scheffler terms the ‘Liberal Theory’ of desert, ... More


Law and Behavioral Morality

Nita A. Farahany

in Evolution and Morality: NOMOS LII

Published in print:
2012
Published Online:
March 2016
ISBN:
9780814771228
eISBN:
9780814737828
Item type:
chapter
Publisher:
NYU Press
DOI:
10.18574/nyu/9780814771228.003.0004
Subject:
Political Science, Political Theory

This chapter discusses a new brand of moral philosophy called behavioral morality, particularly as it relates to the criminal law. Behavioral morality is a form of moral reasoning that focuses on the ... 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


Prosecuting War Crimes

James Gow

in War and War Crimes: The Military, Legitimacy and Success in Armed Conflict

Published in print:
2013
Published Online:
May 2014
ISBN:
9780199327027
eISBN:
9780199388127
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199327027.003.0003
Subject:
Political Science, Conflict Politics and Policy

This chapter talks about crime and prosecution in terms of warfare, specifically the pressures that these create and their changing context. It starts with a description of the various ways that the ... More


Mass Incarceration, Executions, and Gun Violence in “the Land of the Free”

Mugambi Jouet

in Exceptional America: What Divides Americans from the World and from Each Other

Published in print:
2017
Published Online:
September 2017
ISBN:
9780520293298
eISBN:
9780520966468
Item type:
chapter
Publisher:
University of California Press
DOI:
10.1525/california/9780520293298.003.0008
Subject:
Political Science, American Politics

Mass incarceration exists in America on a scale unmatched in global history. America is also the only Western democracy that has not abolished the death penalty; and one of the nations that execute ... More


Children as Direct Participants in Hostilities: New Challenges for International Humanitarian Law and International Criminal Law

Hilly Moodrick-Even Khen

in New Battlefields/Old Laws: Critical Debates on Asymmetric Warfare

Published in print:
2011
Published Online:
November 2015
ISBN:
9780231152358
eISBN:
9780231526562
Item type:
chapter
Publisher:
Columbia University Press
DOI:
10.7312/columbia/9780231152358.003.0007
Subject:
Political Science, Political Economy

This chapter examines the implications of children's direct participation in hostilities for international humanitarian law and international criminal law. Using examples such as Hezbollah's ... More


Criminal Cases

in Specializing the Courts

Published in print:
2011
Published Online:
March 2013
ISBN:
9780226039541
eISBN:
9780226039565
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226039565.003.0004
Subject:
Political Science, American Politics

This chapter explores the specialization in criminal law in the states, highlighting the courts that hear specific subsets of criminal cases. Separating criminal and civil cases allows judges who ... More


Civic Punishment

R. A. Duff and S. E. Marshall

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0003
Subject:
Political Science, Political Theory, American Politics

This chapter argues that in a democratic republic of free and equal citizens, criminal punishment can be adequately justified only if it can be portrayed as a civic duty that offenders ought to ... More


Democracy All the Way Down: Deliberative Democracy and Criminal Law: The Case of Social Protests

Roberto Gargarella

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0013
Subject:
Political Science, Political Theory, American Politics

This chapter, which has both descriptive and normative aims, explores possible connections between a particular theory of democracy, namely deliberative democracy, and the criminal law. The ... 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


The advance of criminalisation

Ross Fergusson

in "Young people, welfare and crime": Governing non-participation

Published in print:
2016
Published Online:
September 2016
ISBN:
9781447307013
eISBN:
9781447311713
Item type:
chapter
Publisher:
Policy Press
DOI:
10.1332/policypress/9781447307013.003.0008
Subject:
Political Science, Public Policy

Chapter Eight applies Habermas’s analyses to demonstrate how juridification processes in general serve to ameliorate the deleterious effects of the domination of social priorities by ... 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


A Democratic Theory of Imprisonment

Peter Ramsay

in Democratic Theory and Mass Incarceration

Published in print:
2016
Published Online:
October 2016
ISBN:
9780190243098
eISBN:
9780190243104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190243098.003.0005
Subject:
Political Science, Political Theory, American Politics

The chapter provides a sketch of a democratic theory of imprisonment. It explains the failure of the liberal idea of proportionality to provide adequate limits on the severity of punishment. It ... More


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