Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.001.0001
- Subject:
- Political Science, International Relations and Politics
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ...
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This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.Less
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.
Rachel Kerr
- Published in print:
- 2004
- Published Online:
- August 2004
- ISBN:
- 9780199263059
- eISBN:
- 9780191601422
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263051.001.0001
- Subject:
- Political Science, International Relations and Politics
This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its ...
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This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its duties as an impartial judicial body, given that it was established for political purposes. It is argued that the external political function did not undermine the Tribunal’s status as an impartial judicial body, but rather enhanced its effectiveness.Less
This book examines the establishment, functions and significance of the International Criminal Tribunal for the Former Yugoslavia. It sought an answer to whether the Tribunal could carry out its duties as an impartial judicial body, given that it was established for political purposes. It is argued that the external political function did not undermine the Tribunal’s status as an impartial judicial body, but rather enhanced its effectiveness.
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 ...
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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 idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.Less
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 idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.
Mark Curthoys
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199268894
- eISBN:
- 9780191708466
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268894.001.0001
- Subject:
- History, British and Irish Modern History
This is a study of how mid-Victorian Britain and its specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It ...
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This is a study of how mid-Victorian Britain and its specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It traces the collapse, in the face of judicial interventions, of the regime for collective labour devised by the Liberal Tories in the 1820s, following the repeal of the Combination Acts. The new arrangements enacted in the 1870s allowed collective labour unparalleled freedoms, contended by the newly-founded Trades Union Congress. This book seeks to reinstate the view from government into an account of how the settlement was brought about, tracing the emergence of an official view — largely independent of external pressure — which favoured withdrawing the criminal law from peaceful industrial relations and allowing a virtually unrestricted freedom to combine. It reviews the impact upon the Home Office's specialist advisers of contemporary intellectual trends, such as the assaults upon classical and political economy and the historicised critiques of labour law developed by Liberal writers. The book offers an historical context for the major court decisions affecting the security of trade union funds, and the freedom to strike, while the views of the judges are integrated within the terms of a wider debate between proponents of contending views of ‘free trade’ and ‘free labour’. New evidence sheds light on the considerations which impelled governments to grant trade unions a distinctive form of legal existence, and to protect strikers from the criminal law.Less
This is a study of how mid-Victorian Britain and its specialist advisers, in an age of free trade and the minimal state, attempted to create a viable legal framework for trade unions and strikes. It traces the collapse, in the face of judicial interventions, of the regime for collective labour devised by the Liberal Tories in the 1820s, following the repeal of the Combination Acts. The new arrangements enacted in the 1870s allowed collective labour unparalleled freedoms, contended by the newly-founded Trades Union Congress. This book seeks to reinstate the view from government into an account of how the settlement was brought about, tracing the emergence of an official view — largely independent of external pressure — which favoured withdrawing the criminal law from peaceful industrial relations and allowing a virtually unrestricted freedom to combine. It reviews the impact upon the Home Office's specialist advisers of contemporary intellectual trends, such as the assaults upon classical and political economy and the historicised critiques of labour law developed by Liberal writers. The book offers an historical context for the major court decisions affecting the security of trade union funds, and the freedom to strike, while the views of the judges are integrated within the terms of a wider debate between proponents of contending views of ‘free trade’ and ‘free labour’. New evidence sheds light on the considerations which impelled governments to grant trade unions a distinctive form of legal existence, and to protect strikers from the criminal law.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is ...
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This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.Less
This chapter locates the discussion in the context of the theoretical literature on international norms, particularly that by Martha Finnemore and Katherine Sikkink. Much of this literature is interested in norm cycles, and the means by which norms come to be disseminated internationally. Building on this work, the chapter argues that the idea of dissemination does not quite capture what in fact have been a series of strategic negotiations between international and world society, often coming during the major peace settlements at the end of wars. Historically, this has often also arisen out of a coalition of interest between powerful state actors, and civil society groups. It is suggested that the framework of negotiation between international and world society allows us to understand this process in a particular way. It also demonstrates how the absorption of norms from world society into international society has complicated the latter's practices of consensus. It opens up major new issues about how consensus is to be developed within world society about changing principles of international legitimacy. These issues are explored in the context of the WTO and G7/8, and illustrated by the Ottawa Convention on Landmines and the formation of the International Criminal Court.
Beth A. Berkowitz
- Published in print:
- 2006
- Published Online:
- February 2006
- ISBN:
- 9780195179194
- eISBN:
- 9780199784509
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0195179196.001.0001
- Subject:
- Religion, Religion and Society
Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures argues that ancient rabbis and Christians used death penalty discourse to invent themselves as ...
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Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures argues that ancient rabbis and Christians used death penalty discourse to invent themselves as figures of authority. This approach runs counter to much previous scholarship on the subject, which claims that ancient Jews opposed the death penalty and would have abolished it if not for its presence in the Bible. The book explores this scholarship and shows it to have been fueled by modern anti-Semitism, polemics with the the Jewish Enlightenment’s inheritance of anti-rabbinism, as well as controversy in the United States over capital punishment and its abolition. The book moves beyond this “humanitarianism” approach, inviting us instead to see the problem of building and maintaining authority as the crux around which ancient death penalty discourse developed. Drawing on ritual theory, postcolonial theory, and scholarship on criminal execution in other historical contexts, Execution and Invention asks new questions of the ancient texts: How and why do ancient western religions talk about killing criminals? What are the social consequences of this kind of violent talk? What kind of authority is imagined by these texts, and What strategies do the texts use to make this authority seem compelling? Combining the contemporary theory with classical source critical approaches, the book closely reads a variety of ancient texts describing criminal executions. It newly interprets these texts, showing that their descriptions of violent deaths have a complex social function. In the process, the book spins out the social implications of capital punishment and overturns enduring stereotypes of Judaism and Christianity.Less
Execution and Invention: Death Penalty Discourse in Early Rabbinic and Christian Cultures argues that ancient rabbis and Christians used death penalty discourse to invent themselves as figures of authority. This approach runs counter to much previous scholarship on the subject, which claims that ancient Jews opposed the death penalty and would have abolished it if not for its presence in the Bible. The book explores this scholarship and shows it to have been fueled by modern anti-Semitism, polemics with the the Jewish Enlightenment’s inheritance of anti-rabbinism, as well as controversy in the United States over capital punishment and its abolition. The book moves beyond this “humanitarianism” approach, inviting us instead to see the problem of building and maintaining authority as the crux around which ancient death penalty discourse developed. Drawing on ritual theory, postcolonial theory, and scholarship on criminal execution in other historical contexts, Execution and Invention asks new questions of the ancient texts: How and why do ancient western religions talk about killing criminals? What are the social consequences of this kind of violent talk? What kind of authority is imagined by these texts, and What strategies do the texts use to make this authority seem compelling? Combining the contemporary theory with classical source critical approaches, the book closely reads a variety of ancient texts describing criminal executions. It newly interprets these texts, showing that their descriptions of violent deaths have a complex social function. In the process, the book spins out the social implications of capital punishment and overturns enduring stereotypes of Judaism and Christianity.
Michelle L. Meloy and Susan L. Miller
- Published in print:
- 2010
- Published Online:
- May 2012
- ISBN:
- 9780199765102
- eISBN:
- 9780199944187
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199765102.001.0001
- Subject:
- Sociology, Law, Crime and Deviance
This book presents a balanced and comprehensive summary of the most significant research on the victimizations, violence, and victim politics that disproportionately affect women. The chapters ...
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This book presents a balanced and comprehensive summary of the most significant research on the victimizations, violence, and victim politics that disproportionately affect women. The chapters examine the history of violence against women, the surrounding debates, the legal reforms, the related media and social-service responses, and the current science on intimate-partner violence, stalking, sexual harassment, sexual assault, and rape. They augment these victimization findings with original research on women convicted of domestic battery and men convicted of sexual abuse and other sex-related offenses. In these new data, the chapters explore the unanticipated consequences associated with changes to the laws governing domestic violence and the newer forms of sex-offender legislation. Based on qualitative data involving in-depth, offender-based interviews, and analyzing the circumstances surrounding arrests, victimizations, and experiences with the criminal justice system, the book makes great strides forward in understanding and ultimately combating violence against women.Less
This book presents a balanced and comprehensive summary of the most significant research on the victimizations, violence, and victim politics that disproportionately affect women. The chapters examine the history of violence against women, the surrounding debates, the legal reforms, the related media and social-service responses, and the current science on intimate-partner violence, stalking, sexual harassment, sexual assault, and rape. They augment these victimization findings with original research on women convicted of domestic battery and men convicted of sexual abuse and other sex-related offenses. In these new data, the chapters explore the unanticipated consequences associated with changes to the laws governing domestic violence and the newer forms of sex-offender legislation. Based on qualitative data involving in-depth, offender-based interviews, and analyzing the circumstances surrounding arrests, victimizations, and experiences with the criminal justice system, the book makes great strides forward in understanding and ultimately combating violence against women.
Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.001.0001
- Subject:
- Law, Public International Law
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against ...
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The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.Less
The book examines the principle of complementarity in the Rome Statute of the International Criminal Court and the implications of that principle for the suppression of genocide, crimes against humanity, and war crimes on the domestic level. The book is set against the general background of the national suppression of these crimes, its potential and pitfalls. It traces the evolution of complementarity as a principle governing the allocation of the respective competences of the ICC and national criminal jurisdictions, and its translation into one of the central requirements for the admissibility of situations and cases before the ICC. It provides a critical and comprehensive analysis of the provisions in the Rome Statute and the Rules of Procedure and Evidence relevant to complementarity. In so doing, it addresses the notions of ‘unwillingness’ and ‘inability’, and the procedural framework for the application, invocation, and litigation of questions of admissibility. The early practice of the ICC in operationalizing complementarity is also considered. The book further devotes attention to the question whether and to what extent the Rome Statute in general, and the regulation of complementarity in particular, imposes on States Parties an obligation to investigate and prosecute core crimes domestically. In that context, it analyses the room for States to opt for substitutes of criminal proceedings, such as truth commission processes and the granting of amnesties. Finally, the book examines the potential of the complementary regime to function as a catalyst for States to conduct domestic criminal proceedings vis-à-vis core crimes.
August Reinisch (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199595297
- eISBN:
- 9780191595752
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595297.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ...
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The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book demonstrates that problems of judicial review of acts of international organizations are relevant in many organizations and in many different contexts. This book presents a broad picture concerning potential challenges of acts of international organizations before national courts. It covers such diverse international organizations as the United Nations itself, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, or INTERPOL. Building on the case law of domestic courts, the chapters highlight similar legal issues according to four introductory working hypotheses. They relate to the nature of judicial review of acts of international organizations, its interdependence with domestic methods of incorporating international law, to the conditions of a human rights-based review and to the inter-relationship between domestic challenges and the safeguard of the independent functioning of international organizations. The book's conclusion brings the different findings together and analyses them in the light of the initial working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.Less
The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book demonstrates that problems of judicial review of acts of international organizations are relevant in many organizations and in many different contexts. This book presents a broad picture concerning potential challenges of acts of international organizations before national courts. It covers such diverse international organizations as the United Nations itself, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, or INTERPOL. Building on the case law of domestic courts, the chapters highlight similar legal issues according to four introductory working hypotheses. They relate to the nature of judicial review of acts of international organizations, its interdependence with domestic methods of incorporating international law, to the conditions of a human rights-based review and to the inter-relationship between domestic challenges and the safeguard of the independent functioning of international organizations. The book's conclusion brings the different findings together and analyses them in the light of the initial working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.
Alan Brudner
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199207251
- eISBN:
- 9780191705502
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207251.001.0001
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it ...
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This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure someone for engaging in unlawful conduct and for the results of that conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory concerning when, and in what measure, it is permissible for the state to coerce a free agent. The book argues that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom — formal liberty, real autonomy, and free citizenship — and each informs a distinctive theoretical paradigm of penal justice generating its own constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the book argues that the penal law forms a complex whole under an inclusive idea of freedom uniting the constraints on punishment flowing from each paradigm.Less
This book sets out a new understanding of the penal law of a liberal legal order. The prevailing view is that the penal law is best understood from the standpoint of a moral theory concerning when it is fair to blame and censure someone for engaging in unlawful conduct and for the results of that conduct. By contrast, this book argues that the penal law is best understood by a political and constitutional theory concerning when, and in what measure, it is permissible for the state to coerce a free agent. The book argues that penal action by public officials is permissible force rather than wrongful violence only if it could be accepted by the agent as being consistent with its freedom. There are, however, different conceptions of freedom — formal liberty, real autonomy, and free citizenship — and each informs a distinctive theoretical paradigm of penal justice generating its own constraints on state coercion. Although this plurality of paradigms creates an appearance of fragmentation and contradiction in the law, the book argues that the penal law forms a complex whole under an inclusive idea of freedom uniting the constraints on punishment flowing from each paradigm.
H.L.A. Hart
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199534777
- eISBN:
- 9780191720703
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199534777.001.0001
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its ...
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This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H. L. A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction, which provides a critical engagement with the book's main arguments, and explains the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.Less
This classic collection of essays, first published in 1968, has had an enduring impact on academic and public debates about criminal responsibility and criminal punishment. Forty years on, its arguments are as powerful as ever. H. L. A. Hart offers an alternative to retributive thinking about criminal punishment that nevertheless preserves the central distinction between guilt and innocence. He also provides an account of criminal responsibility that links the distinction between guilt and innocence closely to the ideal of the rule of law, and thereby attempts to by-pass unnerving debates about free will and determinism. Always engaged with live issues of law and public policy, Hart makes difficult philosophical puzzles accessible and immediate to a wide range of readers. For this new edition, otherwise a reproduction of the original, John Gardner adds an introduction, which provides a critical engagement with the book's main arguments, and explains the continuing importance of Hart's ideas in spite of the intervening revival of retributive thinking in both academic and policy circles. Unavailable for ten years, the new edition of Punishment and Responsibility makes available again the central text in the field for a new generation of academics, students and professionals engaged in criminal justice and penal policy.
Michelle Madden Dempsey
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199562169
- eISBN:
- 9780191705298
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199562169.001.1
- Subject:
- Law, Philosophy of Law, Criminal Law and Criminology
What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors ...
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What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors should respond effectively; which is to say that ceteris paribus domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. In defending this claim, the book first sets out a general theory of prosecutorial practical reasoning and then considers the prosecution of domestic-violence offences in particular. Along the way, it provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, it provides analyses of two key concepts — domestic violence and patriarchy — and explains the relevance of the latter to a proper understanding of the former. Putting these insights to work in answering the question stated above, this book provides an account of what prosecutors would be justified in doing in such cases and what prosecutors should do in order to be effective as domestic violence prosecutors. Later chapters apply this general framework in addressing the rights and duties of domestic violence victims to participate in criminal prosecutions and responding to some general objections that might be raised against envisioning the role of domestic-violence-prosecutor-as-feminist.Less
What should public prosecutors do when victims withdraw support for domestic violence prosecutions? This book defends the claim that (within the realm of justified/permissible action) prosecutors should respond effectively; which is to say that ceteris paribus domestic-violence prosecutors should respond as feminists. This claim is intended as a provocative formulation of the proposition that domestic violence prosecutors should act for reasons generated by the value of reconstituting their states (and communities) as less patriarchal. In defending this claim, the book first sets out a general theory of prosecutorial practical reasoning and then considers the prosecution of domestic-violence offences in particular. Along the way, it provides an original account of the nature of prosecutorial action, the values that can be realized through such action, and the relationship between these values and the practical reasoning of criminal prosecutors. Moreover, it provides analyses of two key concepts — domestic violence and patriarchy — and explains the relevance of the latter to a proper understanding of the former. Putting these insights to work in answering the question stated above, this book provides an account of what prosecutors would be justified in doing in such cases and what prosecutors should do in order to be effective as domestic violence prosecutors. Later chapters apply this general framework in addressing the rights and duties of domestic violence victims to participate in criminal prosecutions and responding to some general objections that might be raised against envisioning the role of domestic-violence-prosecutor-as-feminist.
Menno T. Kamminga and Martin Scheinin (eds)
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ...
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Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.Less
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.003.0001
- Subject:
- Political Science, International Relations and Politics
This chapter examines how criminal justice helps to construct society by reaffirming common values at the moment they meet with opposition. It also introduces the English School approach to the study ...
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This chapter examines how criminal justice helps to construct society by reaffirming common values at the moment they meet with opposition. It also introduces the English School approach to the study of international society and it describes how it provides a useful framework for analysing the issues raised by the International Criminal Court. The chapter clarifies the use of the pluralist and solidarist labels at the heart of the English School research agenda, summarises the main arguments of the book and sets out the chapter outline.Less
This chapter examines how criminal justice helps to construct society by reaffirming common values at the moment they meet with opposition. It also introduces the English School approach to the study of international society and it describes how it provides a useful framework for analysing the issues raised by the International Criminal Court. The chapter clarifies the use of the pluralist and solidarist labels at the heart of the English School research agenda, summarises the main arguments of the book and sets out the chapter outline.
Nikolas Rose and Joelle M. Abi-Rached
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691149608
- eISBN:
- 9781400846337
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691149608.003.0007
- Subject:
- Neuroscience, Development
This chapter examines the arguments that claim that human antisocial behavior—notably impulsivity, aggression, and related forms of criminal conduct—have neurobiological roots. While neurobiological ...
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This chapter examines the arguments that claim that human antisocial behavior—notably impulsivity, aggression, and related forms of criminal conduct—have neurobiological roots. While neurobiological evidence from genomics or functional brain imaging is likely to have limited traction in the criminal courtroom itself, a new diagram is nonetheless emerging in the criminal justice system as it encounters developments in the neurosciences. This does not entail a challenge to doctrines of free will or an exculpatory argument that “my brain made me do it,” as some have suggested. Rather it is developing around the themes of susceptibility, prediction, and precaution that have come to infuse many aspects of criminal justice systems as they have come to focus on questions of risk—risk assessment, risk management, and risk reduction.Less
This chapter examines the arguments that claim that human antisocial behavior—notably impulsivity, aggression, and related forms of criminal conduct—have neurobiological roots. While neurobiological evidence from genomics or functional brain imaging is likely to have limited traction in the criminal courtroom itself, a new diagram is nonetheless emerging in the criminal justice system as it encounters developments in the neurosciences. This does not entail a challenge to doctrines of free will or an exculpatory argument that “my brain made me do it,” as some have suggested. Rather it is developing around the themes of susceptibility, prediction, and precaution that have come to infuse many aspects of criminal justice systems as they have come to focus on questions of risk—risk assessment, risk management, and risk reduction.
Samuel Walker
- Published in print:
- 1993
- Published Online:
- October 2011
- ISBN:
- 9780195078206
- eISBN:
- 9780199854202
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195078206.001.0001
- Subject:
- History, American History: 20th Century
Since the American Bar Foundation Survey of the Administration of Criminal Justice (1953–69) “discovered” the phenomenon of discretion in criminal justice, it has become something of a truism that ...
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Since the American Bar Foundation Survey of the Administration of Criminal Justice (1953–69) “discovered” the phenomenon of discretion in criminal justice, it has become something of a truism that the administration of criminal justice in the United States consists of a series of discretionary decisions by officials in regard to police discretion, bail, plea bargaining, and sentencing. This book is a history of the attempts over the past forty years to control these discretionary powers in the criminal justice system. In a field which largely produces short-ranged “evaluation research”, this study, in taking a wider approach, distinguishes between the role of the courts and the role of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history. It focuses on four critical decision points in the criminal justice system: police discretion, bail setting, plea bargaining, and sentencing. It examines the various reforms that have been proposed, the major ones implemented, and the impact of those reforms.Less
Since the American Bar Foundation Survey of the Administration of Criminal Justice (1953–69) “discovered” the phenomenon of discretion in criminal justice, it has become something of a truism that the administration of criminal justice in the United States consists of a series of discretionary decisions by officials in regard to police discretion, bail, plea bargaining, and sentencing. This book is a history of the attempts over the past forty years to control these discretionary powers in the criminal justice system. In a field which largely produces short-ranged “evaluation research”, this study, in taking a wider approach, distinguishes between the role of the courts and the role of administrative bodies (the police) and evaluates the longer-term trends and the successful reforms in criminal justice history. It focuses on four critical decision points in the criminal justice system: police discretion, bail setting, plea bargaining, and sentencing. It examines the various reforms that have been proposed, the major ones implemented, and the impact of those reforms.
Philippa C. Maddern
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198202356
- eISBN:
- 9780191675287
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202356.001.0001
- Subject:
- History, British and Irish Medieval History, Social History
This study explores the nature and meaning of violence in 15th-century England. The book examines violence on each side of the law — both in crime and in law enforcement — in order to uncover the ...
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This study explores the nature and meaning of violence in 15th-century England. The book examines violence on each side of the law — both in crime and in law enforcement — in order to uncover the attitudes and beliefs of the inhabitants of medieval East Anglia. The book investigates the way their moral code was reflected in the procedures and punishments of the courts, and assesses the success of the legal system in maintaining authority and order. The book reveals the strong concern for order apparent in 15th-century society.Less
This study explores the nature and meaning of violence in 15th-century England. The book examines violence on each side of the law — both in crime and in law enforcement — in order to uncover the attitudes and beliefs of the inhabitants of medieval East Anglia. The book investigates the way their moral code was reflected in the procedures and punishments of the courts, and assesses the success of the legal system in maintaining authority and order. The book reveals the strong concern for order apparent in 15th-century society.
Larry Alexander
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780195381641
- eISBN:
- 9780199864911
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195381641.003.0018
- Subject:
- Psychology, Cognitive Psychology
This chapter analyzes how Libet's experiments bear on criminal and moral responsibility. More specifically, it addresses the question of whether Libet has demonstrated that the consciously willed ...
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This chapter analyzes how Libet's experiments bear on criminal and moral responsibility. More specifically, it addresses the question of whether Libet has demonstrated that the consciously willed bodily movement, the centerpiece of our notions of criminal and moral responsibility, is an illusion. It suggests that the gatekeeper role for conscious will, which Libet allows, does not require any revision of traditional notions of moral and criminal responsibility.Less
This chapter analyzes how Libet's experiments bear on criminal and moral responsibility. More specifically, it addresses the question of whether Libet has demonstrated that the consciously willed bodily movement, the centerpiece of our notions of criminal and moral responsibility, is an illusion. It suggests that the gatekeeper role for conscious will, which Libet allows, does not require any revision of traditional notions of moral and criminal responsibility.
Fiona Leverick
- Published in print:
- 2006
- Published Online:
- January 2009
- ISBN:
- 9780199283460
- eISBN:
- 9780191712654
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199283460.001.0001
- Subject:
- Law, Criminal Law and Criminology
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, ...
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This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book identifies the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence, including retreat, imminence of harm, self-generated self-defence, mistake, and proportionality. The analysis draws on material from all of the major common law jurisdictions and the various jurisdictions of the US. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence.Less
This book is a comprehensive analysis of the criminal defence of self-defence from a philosophical, legal, and human rights perspective. The primary focus is on self-defence as a defence to homicide, as this is the most difficult type of self-defensive force to justify. Although not always recognised as such, self-defence is a contentious defence, permitting as it does the victim of an attack to preserve her life at the expense of another. If one holds that all human life is of equal value, explaining why this is permissible poses something of a challenge. It is particularly difficult to explain where the aggressor is, for reasons of non-age or insanity for example, not responsible for her actions. The first part of the book identifies the proper theoretical basis of a claim of self-defence. It examines the classification of defences, and the concepts of justification and excuse in particular, and locates self-defence within this classification. It then proceeds critically to analyse various philosophical explanations of why self-defensive killing is justified, before concluding that the most convincing account is one that draws on the right to life with an accompanying theory of forfeiture. The book then proceeds to draw upon this analysis to examine various aspects of the law of self-defence, including retreat, imminence of harm, self-generated self-defence, mistake, and proportionality. The analysis draws on material from all of the major common law jurisdictions and the various jurisdictions of the US. The book concludes with an examination of the implications that the European Convention on Human Rights might have for the law of self-defence.
Federico Varese
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780198297369
- eISBN:
- 9780191600272
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829736X.003.0007
- Subject:
- Political Science, Russian Politics
If mafia groups are present in a market, they must be organized in some form. Two questions have generated a heated and long-running debate among scholars of the mafias: first, are criminal groups ...
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If mafia groups are present in a market, they must be organized in some form. Two questions have generated a heated and long-running debate among scholars of the mafias: first, are criminal groups organized in a hierarchical and military fashion or, on the contrary, are they loose networks of individuals, getting together to perform a specific task; second, are these groups territorially or functionally organized? Chapter 6 addresses these two questions with reference to the city of Perm, which is in the Gulag Archipelago in the Ural region of Russia. It pieces together some elements in the history of Perm’s criminality at the time of the transition from the Soviet economic and political system to the market economy, discussing the legacy of the Gulag (in the shape of the criminal fraternity of the vory-v-zakone – thieves-with-a-code-of-honour – that flourished in the Soviet labour camps between the 1920s and the 1950s, and re-emerged in the 1970s) in relation to the contemporary criminal situation, the post-Soviet criminal groups that emerged in the city, and inter-group relations and conflicts. Lastly, it analyses the organizational arrangements (structure, size, and internal division of labour) of the mafia groups in Perm, and compares them with other gangs and mafias (principally the Sicilian Mafia or Cosa Nostra).Less
If mafia groups are present in a market, they must be organized in some form. Two questions have generated a heated and long-running debate among scholars of the mafias: first, are criminal groups organized in a hierarchical and military fashion or, on the contrary, are they loose networks of individuals, getting together to perform a specific task; second, are these groups territorially or functionally organized? Chapter 6 addresses these two questions with reference to the city of Perm, which is in the Gulag Archipelago in the Ural region of Russia. It pieces together some elements in the history of Perm’s criminality at the time of the transition from the Soviet economic and political system to the market economy, discussing the legacy of the Gulag (in the shape of the criminal fraternity of the vory-v-zakone – thieves-with-a-code-of-honour – that flourished in the Soviet labour camps between the 1920s and the 1950s, and re-emerged in the 1970s) in relation to the contemporary criminal situation, the post-Soviet criminal groups that emerged in the city, and inter-group relations and conflicts. Lastly, it analyses the organizational arrangements (structure, size, and internal division of labour) of the mafia groups in Perm, and compares them with other gangs and mafias (principally the Sicilian Mafia or Cosa Nostra).
