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1 - Introduction

from Part I - Introduction and Problem

Published online by Cambridge University Press:  17 December 2020

Darryl Robinson
Affiliation:
Queen's University, Ontario
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Summary

This chapter introduces the context and objectives of the book. International criminal law is still a relatively new body of criminal law, that was constructed in a rapid transnational conversation. The time is ripe for careful systematic and normative evaluation of this corpus of law. For example, scholars have noted that some doctrines may contradict fundamental principles of justice that the system claims to uphold. The book proceeds in three steps: it explains a problem, it outlines a solution, and then it demonstrates the solution through application.

The first, preliminary, objective of the book is to demonstrate a problem. Namely, the book highlights the need for an additional type of reasoning in criminal law: ‘deontic’ reasoning, which is different from doctrinal or teleological reasoning, and engages directly with principled constraints such as the legality and culpability principles.

Second, the book outlines a method for deontic reasoning, and in particular for identifying fundamental principles. ICL poses several special challenges for identifying the appropriate principles. The book advances a liberal, open-minded, humanistic, and coherentist approach (and explains each of these features).

Third, the book dissects current controversies in command responsibility in order to demonstrate the method, its questions, and the insights it can generate.

Type
Chapter
Information
Justice in Extreme Cases
Criminal Law Theory Meets International Criminal Law
, pp. 3 - 19
Publisher: Cambridge University Press
Print publication year: 2020

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  • Introduction
  • Darryl Robinson, Queen's University, Ontario
  • Book: Justice in Extreme Cases
  • Online publication: 17 December 2020
  • Chapter DOI: https://doi.org/10.1017/9781107300422.001
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Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Introduction
  • Darryl Robinson, Queen's University, Ontario
  • Book: Justice in Extreme Cases
  • Online publication: 17 December 2020
  • Chapter DOI: https://doi.org/10.1017/9781107300422.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Darryl Robinson, Queen's University, Ontario
  • Book: Justice in Extreme Cases
  • Online publication: 17 December 2020
  • Chapter DOI: https://doi.org/10.1017/9781107300422.001
Available formats
×