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Author: Carsten Stahn Publisher: Oxford University Press ISBN: 0192609653 Category : Law Languages : en Pages : 400
Book Description
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Author: Carsten Stahn Publisher: Oxford University Press ISBN: 0192609653 Category : Law Languages : en Pages : 400
Book Description
International criminal justice relies on messages, speech acts, and performative practices in order to convey social meaning. Major criminal proceedings, such as Nuremberg, Tokyo, and other post-World War II trials have been branded as 'spectacles of didactic legality'. However, the expressive and communicative functions of law are often side-lined in institutional discourse and legal practice. This innovative work brings these functions centre-stage, developing the idea of justice as message and outlining the expressivist foundations of international criminal justice in a systematic way. Professor Carsten Stahn examines the origins of the expressivist theory in the sociology of law and the justification of punishment, its articulation in practice, and its broader role as method of international law. He shows that expression and communication is not only an inherent part of the punitive functions of international criminal justice, but is represented in a whole spectrum of practices: norm expression and diffusion, institutional actions, performative aspects of criminal procedures, and repair of harm. He argues that expressivism is not a classical justification of justice or punishment on its own, but rather a means to understand its aspirations and limitations, to explain how justice is produced and to ground punishment rationales. This book is an invitation to think beyond the confines of the legal discipline, and to engage with the multidisciplinary foundations and possibilities of the international criminal justice project.
Author: Diane Orentlicher Publisher: Oxford University Press ISBN: 0190882271 Category : Law Languages : en Pages : 497
Book Description
Through an in-depth case study, Some Kind of Justice offers fresh insights about two questions now the subject of robust debate: What goals can we plausibly assign to international criminal tribunals? What factors determine the impact of distant courts on societies that have seen vicious violence? The book offers a timely and original account of how the International Criminal Tribunal for the former Yugoslavia (ICTY) affected local communities, and the factors that shape its changing impact over time.
Author: Adam M. Smith Publisher: Prometheus Books ISBN: 1615921869 Category : Law Languages : en Pages : 441
Book Description
An international lawyer reviews the serious shortcomings of the international justice system and suggests a solution to genocide and other mass crimes: to entrust the challenging, potentially destabilizing work of war crimes justice to the very states affected by the crimes.
Author: Henry F. Carey Publisher: Lexington Books ISBN: 0739169416 Category : Law Languages : en Pages : 361
Book Description
There have been many political dilemmas that impose structural constraints on the effort to legalize, judicialize, and criminalize normatively deviant behavior in international politics. The annual costs of these tribunals has peaked at approximately $400 million, of which $140 million is allocated to the ICC, the latter now having spent $1 billion in its first decade of existence. What has been the track record of these international criminal courts with jurisdiction to try heads of states and leading official and military officers? Has the domestic political will of states increased to prosecute their own leaders, following the ICC’s complimentary jurisdiction? How have powerful states supported these courts and how have they undermined them? In succeeding in punishing a number of high-profile cases, the tribunals arguably constitute what Habermas called communicative action that expresses the aspirations and nascent norms of international society. Beyond the confines of a specific of international cooperation, these courts are increasingly becoming norm entrepreneurs, defining the norms of coexistence among states, such that internal atrocities are seen not only as international crimes, but threats to the stability and order of international society. These courts are also redefining the attributes of what states must practice to preserve their reputations, a breach of which will prove increasingly costly. The tribunals are increasingly incentivizing and mobilizing informational networks from NGOs, IGOs, and states to document and publicize violations of international criminal law, thereby increasing exposure risks of perpetration. To be sure the patchwork of compliance and norm communication is fraught with double standards, hypocrisy, selective enforcement, and neoimperial delegitimation of the subaltern. Still, what has begun as institutions created in the absence of humanitarian action by the powerful may come to constitute normal state attributes similar to sovereignty, whose violation will be seen as not only illegitimate, but also meriting humanitarian action to correct and punish such behavior. The question remains whether ongoing impunity of both the powerful and the powerless will undermine or limit this potential.
Author: Gideon Boas Publisher: Edward Elgar Publishing ISBN: 1785360639 Category : Law Languages : en Pages : 318
Book Description
This book explores crucial themes in international criminal justice. It starts by answering the searching question: what is international criminal justice? The book then considers the role and impact of politics, history, psychology, terrorism, transitioning society, and even the idea of hope, and the relationship of these themes with how we understand international criminal justice. While addressing some crucial legal questions, International Criminal Justice goes further, drawing on a range of multi-disciplinary thinking.
Author: Michael Rocque Publisher: Springer ISBN: 1137572345 Category : Social Science Languages : en Pages : 279
Book Description
This book represents a brief treatise on the theory and research behind the concept of desistance from crime. This ever-growing field has become increasingly relevant as questions of serious issues regarding sentencing, probation and the penal system continue to go unanswered. Rocque covers the history of research on desistance from crime and provides a discussion of research and theories on the topic before looking towards the future of the application of desistance to policy. The focus of the volume is to provide an overview of the practical and theoretical developments to better understand desistance. In addition, a multidisciplinary, integrative theoretical perspective is presented, ensuring that it will be of particular interest for students and scholars of criminology and the criminal justice system.
Author: Shelley McKeown Publisher: Springer ISBN: 3319298690 Category : Psychology Languages : en Pages : 393
Book Description
This volume brings together perspectives on social identity and peace psychology to explore the role that categorization plays in both conflict and peace-building. To do so, it draws leading scholars from across the world in a comprehensive exploration of social identity theory and its application to some of the world’s most pressing problems, such as intrastate conflict, uprising in the middle east, the refugee crisis, global warming, racism and peace building. A crucial theme of the volume is that social identity theory affects all of us, no matter whether we are currently in a state of conflict or one further along in the peace process. The volume is organized into two sections. Section 1 focuses on the development of social identity theory. Grounded in the pioneering work of Dr. Henri Tajfel, section 1 provides the reader with a historical background of the theory, as well as its current developments. Then, section 2 brings together a series of country case studies focusing on issues of identity across five continents. This section enables cross-cultural comparisons in terms of methodology and findings, and encourages the reader to identify general applications of identity to the understanding of peace as well as applications that may be more relevant in specific contexts. Taken together, these two sections provide a contemporary and diverse account of the state of social identity research in conflict situations and peace psychology today. It is evident that any account of peace requires an intricate understanding of identity both as a cause and consequence of conflict, as well as a potential resource to be harnessed in the promotion and maintenance of peace. Understanding Peace and Conflict Through Social Identity Theory: Contemporary Global Perspectives aims to help achieve such an understanding and as such is a valuable resource to those studying peace and conflict, psychologists, sociologists, anthropologists, public policy makers, and all those interested in the ways in which social identity impacts our world.
Author: Carsten Stahn
Author: Carsten Stahn
Author: Diane Orentlicher
Author: Adam M. Smith
Author: Henry F. Carey
Author: Gideon Boas
Author: Michael Rocque
Author: Ilias Bantekas
Author: Morten Bergsmo
Author: Shelley McKeown
Author: Mark Klamberg