This book demonstrates that art is implicit in the process of administration of international justice. The diverse nature of recent global threats as well as an overwhelming pull towards isolationism and nationalism challenge the dominant deterrence paradigm of international governance created in the aftermath of World War II. An alternative model is to focus on cooperation, and not deterrence, as a guiding operational principle. This study focuses on the theoretical component linking justice with aesthetics as well (...) as on the practical manifestation of this connection evident, inter alia, in the rhetoric of international courts, their architectural design, and their commemorative practices expressed by the practice of symbolic reparations adopted by some of the courts. The underlying premise of the book is that international justice requires new vocabulary and new approaches, which can be derived from the study of aesthetics. It is held that exploring the aesthetical dimension of international justice contributes to the discussion on the foundations of its authority and the grounds for compliance with it. The work engages deeply with the theory of aesthetics developed by Immanuel Kant and Abinavagupta, a Kashmiri critic, philosopher and scholar writing in the early 11th century. The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice, International Law and International Relations. (shrink)

Few issues bedevil criminology and criminal justice as much as free will versus determinism. It goes to the heart of the character of the people they deal with and how we should respond to them. People are held morally responsible for what they do only if we believe that they have the ability to make reasoned choices to act morally. Liberals tend to hold an external locus of control and are skeptical of free will, and conservatives tend to favor (...) an internal locus of control and embrace free will. This liberal-conservative divide reveals itself in the theories they favor as the best explanations of criminal behavior. Liberals favor explanations external to criminals such as an unfair economic system or criminal justice bias; conservatives tend to favor internal explanations such as low self-control or lack of empathy. In terms of responding to criminal behavior, there have been calls to abandon the idea of punishment and abolish prisons. Liberals may tend to view this as humanitarian while conservatives will tend to view them as incredibly naïve. The greater tendency of liberals to hold an external locus of control and their skepticism about free will lead them to view people's behavior as largely beyond their control, which accounts for their punishment abolitionist stance. The greater tendency of conservatives to believe in free will and an internal locus of control leads to a more punitive stance toward criminals. Many issues that divide liberals and conservatives in criminology-criminal justice may be traced to their beliefs about free will and determinism. (shrink)

With the principle of tour de force, we refer to the use of the power of moral legality, the strength of statutes, and the fairness of judgments. A quantum force of moral legality and legal morality serves as an imperative force in the implementation of fair criminal justice, as well as in the prevention of future victims across the globe. Contrary to positivist ideas, the simple notion of morality contains within itself the very essence of international criminal (...) norms. If the source of morality did not exist in the structure of our criminal justice, we could no longer call it criminal justice and would instead have to call it criminal revenge. Beyond the moral essence of international criminal justice, we also challenge the hidden illegality and immorality of certain attitudes. This is done in order to prevent acts which violate human rights law and criminal justice provisions. The codes of international human rights law cannot properly function without the comprehensive nature of morality which elevates the moral virtue of international criminal justice and strengthens the tour de force. One may observe that the principle of the tour de force of the moral virtue within the system of international criminal justice loses its legal power when governments attempt to justify their unjust decisions. This is the main reason why the major potential value of the tour de force of the moral virtue of human rights law and international criminal justice is not as strong as it should be. In order to achieve a vision of the tour de force of moral virtue, we need to establish a devoted influential ethical vision of the truth beyond political tradition. An unparalleled philosophical piece of literature for libraries. (shrink)

Thinking about justice -- The possibility of a justice convention -- The justice convention continued: Deliberating about the proper scope of public protection -- The justice convention continued: Deliberating about the appropriate response to wrongdoing -- The justice convention continued: Deliberating about criminal procedure -- The justice convention concluded: Deliberating about equality -- From natural law to human rights -- Nuremberg and beyond: the creation oa a system of international criminal justice -- Transitional justice: New democracies grapple (...) with their past -- The right to be let alone: determining the scope of personal freedom -- Justice in a lifeboat: Thinking about life-life tradeoffs -- Restorative justice: A challenge to the currrent system of criminal justice -- Sentencing offenders in noncapital cases -- Sentencing offenders in capital cases: The death penalty -- Justice and mercy. (shrink)

This volume contains a selection of papers presented at the 34th International Social Philosophy Conference (2017), an annual event sponsored by the North American Society for Social Philosophy. The theme of the conference was "Justice: Social, Criminal, Juvenile"; this volume invites wider discussion of the issues explored at the conference.

Provides an international perspective as to the potential of restorative justice to * Deliver better ways of dealing with offenders and victims * Reduce the use ...

This new text will encourage students to develop a deeper understanding of the context and the current workings of the criminal justice system. Part One offers a clear, accessible and comprehensive review of the major philosophical aims and sociological theories of punishment, the history of justice and punishment, and the developing perspective of victimology. In Part Two, the focus is on the main areas of the contemporary criminal justice system including the police, the courts and judiciary, prisons, and (...) community penalties. The active engagement of students with the material covered distinguishes this text from others in the area and makes it a real teaching resource and invaluable text. (shrink)

La defense d'un profond humanisme dont les racines puisent dans la Renaissance ainsi que le souci permanent d'une pedagogie exemplaire ont guide Genevieve Giudicelli-Delage durant toute sa carriere. Professeur emerite de l'Universite Paris 1 Pantheon-Sorbonne, ou elle a notamment dirige pendant de nombreuses annees le DEA devenu Master II de droit penal et politique criminelle en Europe, redactrice en chef de la Revue de science criminelle et de droit penal compare pour les editions Dalloz, presidente de l'Association de recherches penales (...) europeennes (ARPE), directrice de l'Ecole du Centre Ouest des avocats a Poitiers, Genevieve Giudicelli-Delage n'a cesse d'oeuvrer pour un depassement des frontieres disciplinaires et geographiques dans l'approche du phenomene criminel, ce dont temoignent en particulier son engagement en faveur du developpement du droit compare et son attachement a repousser les lignes d'horizons juridiques. Son regard sur le droit penal a profondement marque des generations d'etudiants et de doctorants. Par ses recherches individuelles, comme par les recherches collectives qu'elle mene admirablement, elle a egalement contribue au rayonnement doctrinal du droit penal en general, et de certaines de ses disciplines telles que le droit penal des affaires, le droit international penal, le droit penal europeen ou la procedure penale. C'est donc au chercheur comme au pedagogue que nous avons souhaite rendre hommage par ces Melanges regroupant une soixantaine d'auteurs, anciens eleves/collegues/amis, universitaires et/ou praticiens reunis autour du theme Humanisme et justice, que le Professeur Giudicelli-Delage a, par un soin constant, nourri et questionne durant toutes ses annees d'exercice. (shrink)

Over the last twenty years there has been an explosion of interest in ‘criminal justice’, generating a wealth of research incorporating law, philosophy, political theory, sociology and other disciplines. The fascination of criminal justice flows from the cultural prominence of criminalization as a form of social control. The news media in Australia, Britain or the United States provide plentiful evidence of the extent to which crime, fear of crime, government criminal justice policy and the activities of the (...) more visible enforcement agencies such as the police preoccupy many contemporary Western societies. At the international level, too, criminal justice is increasingly salient. Moreover, the status of criminal justice as a particularly coercive and costly governmental repertoire claims our attention. Yet the diversity of practices encompassed within the notion of ‘criminal justice’, and the variety of practical, philosophical and political questions which they raise, make criminal justice an elusive subject. All too often, the general ‘theories of criminal justice’ which purport to make sense of the concrete practices illuminated by empirical research turn out to be too abstract and/or too narrow in focus to fulfil that promise. The purpose of this chapter is to provide a framework which might enable us to make sense of criminal justice without imposing an unrealistically rigid or unduly circumscribed model on the complicated processes with which we are concerned. (shrink)

La personnalite de Robert Badinter se lit a travers la diversite de ses centres d'interets et de ses activites. Professeur de droit (sa vocation premiere), il marquera la seconde moitie du XXe siecle par bien des facettes de son action. Il fut l'artisan de progres sensibles accomplis dans la defense de la dignite de la personne humaine et de la victoire que constitua l'abolition de la peine de mort. Il a vecu l'engagement politique, l'exercice du pouvoir, les subtilites du controle (...) de constitutionnalite et l'eclat des debats parlementaires. Il a promu la creation de la Cour penale internationale, a ecrit livres, essais, articles, consultations, une piece de theatre, un livret d'opera. il a participe a nombre de colloques et de conferences. Intellectuel engage dans les debats de son temps, conscience morale aux yeux de ses contemporains, c'est avant tout un homme de droit et de justice, habite par la prescription biblique: - La justice tu chercheras ardemment -. Les contributions ici reunies emanent de profils et d'horizons divers: universitaires, juges, avocats, collaborateurs, amis, compagnons d'action, ont tenu a temoigner de leur attachement et leur estime. De la Faculte de Besancon aux lieux du pouvoir politique, il laissera, dans les lois comme dans la memoire de ceux qui l'ont approche, la trace d'un infatigable combat, rigoureux, altier, pour la justice et le droit. ". (shrink)

This book critically analyzes emerging issues and challenges in delivering timely justice to common people. It brings a wide range of contemporary and relevant issues relating to the gross violation of human rights and presents situation-based evidence from, and first-hand experiences of behavioral, social and legal professionals. It deals with themes such as holding administrations accountable and securing justice, challenges for the judiciary in the early disposal of cases, challenges to the forensic community, green federalism and environmental justice, current threats (...) to human rights, ethics in the criminal justice system and honor killing from socio-cultural perspectives. Topical and comprehensive, this book will be an excellent read for scholars and researchers of political studies, legal studies, human rights, psychology, behavioural studies, political sociology, sociology, development studies, governance and public policy, environmental studies and South Asian studies. It will also interest policymakers, nongovernmental organizations, activists and professionals in the field. (shrink)

In this sense the collection offers a model of how international collaborative work should proceed. The book is the product of a workshop held at the International Institute for the Sociology of Law (IISL) in Onati, Spain.

Within the criminal justice system, one of the most prominent justifications for legal punishment is retributivism. The retributive justification of legal punishment maintains that wrongdoers are morally responsible for their actions and deserve to be punished in proportion to their wrongdoing. This book argues against retributivism and develops a viable alternative that is both ethically defensible and practical. Introducing six distinct reasons for rejecting retributivism, Gregg D. Caruso contends that it is unclear that agents possess the kind of free (...) will and moral responsibility needed to justify this view of punishment. While a number of alternatives to retributivism exist - including consequentialist deterrence, educational, and communicative theories - they have ethical problems of their own. Moving beyond existing theories, Caruso presents a new non-retributive approach called the public health-quarantine model. In stark contrast to retributivism, the public health-quarantine model provides a more human, holistic, and effective approach to dealing with criminal behavior. (shrink)

This textbook looks at the main ethical questions that confront the criminal justice system - legislature, law enforcement, courts, and corrections - and those who work within that system, especially police officers, prosecutors, defence lawyers, judges, juries, and prison officers. John Kleinig sets the issues in the context of a liberal democratic society and its ethical and legislative underpinnings, and illustrates them with a wide and international range of real-life case studies. Topics covered include discretion, capital punishment, terrorism, (...) restorative justice, and re-entry. Kleinig's discussion is both philosophically acute and grounded in institutional realities, and will enable students to engage productively with the ethical questions which they encounter both now and in the future - whether as criminal justice professionals or as reflective citizens. (shrink)

The present article discusses the “peace versus justice” dilemma in international criminal justice through the lenses of the respective legal theories of Judith Shklar and Hannah Arendt—two thinkers who have recently been described as theorists of international criminal law. The article claims that in interventions carried out by the International Criminal Court, there is an ever-present potentiality for the “peace versus justice” dilemma to occur. Unfortunately, there is no abstract solution to this problem, insofar (...) as ICC interventions will in some cases be conducive while in others, they will be deleterious to peace. If a tension between peace and justice arises in a particular case, the article asserts, the former must be prioritised over the latter. Such a prioritisation, however, requires a vision of the ICC as a flexible actor of world politics which is situated at the intersection of law, ethics and politics, rather than a strictly legalistic view of the court. Ultimately, then, the present article seeks to probe whether the legal and political theories of Shklar and Arendt—in isolation, but ultimately also in combination—support such a flexible vision of the ICC. (shrink)

This article challenges the use of social deprivation as a punishment, and offers a preliminary examination of the human rights implications of exile and solitary confinement. The article considers whether a human right against coercive social deprivation is conceptually redundant, as there are recognised rights against torture, extremely cruel, inhumane, or degrading treatment as well as rights to basic health care, education, and security, which might encompass what this right protects. The article argues that the right is not conceptually redundant, (...) but that, even if it were, there would be significant reasons to articulate it. (shrink)

Over the past few decades, a body of research has developed examining the academic dishonesty of university and college students. While research has explored academic dishonesty amongst American criminal justice and policing students, no research has specifically focused on investigating the dynamics and correlates of academic dishonesty amongst Australian criminology students. This study drew upon data obtained from a survey of 79 undergraduate criminal justice and policing students studying at an Australian university. Overall, the results suggest that male (...) gender, viewing academic dishonesty as less serious and holding justifications for engaging in this type of behaviour were significant predictors of self-reported academic dishonesty. The findings suggest that more proactive strategies need to be implemented by universities to prevent student involvement in academic dishonesty. (shrink)

This work delves into the nature of the morality of the judges and prosecutors of the ICC, who are instrumental in perpetuating the flawed concept of international criminal vacation. This work does not imply distrust in the capacities of the prosecutors or judges of the Court. However, if they are not morally and legally accountable for safeguarding the survival and security of the rights of victims, then who is? This volume places a significant emphasis on an ethical and (...) philosophical understanding of the system of international criminal justice and how the system of vacation for major criminals has become a mechanism against the universal rights of men across the globe. It is in these circumstances that we become instruments of political power, devoid of morality and humanity, driven solely by the evil greed of governments that disregard the dignity of other nations and relegate their victims to a state of insignificance. (shrink)

This paper describes what could be labeled “best practices” in teaching ethics to those entering the criminal justice, criminology and related professional fields. The underlying focus of the discussion is on the “self” and reflects the beliefs of the authors in the pedagogic thesis that ethics awareness begins with individual social actors and their existing world views. Thereafter, self awareness of ethical dilemmas and internal safeguards against unethical behavior are defined by those same individuals. Lastly, the process continues when (...) the social actor gains an internalized, self-generated, accountability for one’s own actions. That self accountability may morph over time, depending on circumstances, but individual social actors remain effectively protected from unethical behavior as they master their own ethical challenges and live within their individualized sense of ethical purpose. To make these arguments the authors describe the background for an effective learning paradigm for the study of ethics that can be used in university level criminal justice courses, criminology classes, and police training sessions. This pedagogic approach is theoretically informed and used in classes designed to teach ethics to criminal justice professionals, criminology students who are entering a variety of professions. (shrink)

This study explores the ethical and religious dimensions of international cooperation and conflict resolution within the framework of global governance, emphasizing the role of moral philosophy and theological perspectives in shaping diplomatic strategies. By integrating religious ethics with global political discourse, the research examines how faith traditions, including Confucianism, Christianity, and Islamic thought, contribute to peacebuilding, multilateral engagement, and the pursuit of global justice. Focusing on China’s approach to international governance, this study highlights the influence of _Confucian (...) moral philosophy_—particularly the principles of harmony (_he_), collective well-being, and reciprocity—on its diplomatic and conflict-resolution strategies. Confucian ethics, deeply rooted in notions of moral governance and virtue-based leadership, intersect with broader religious traditions advocating for justice, peacemaking, and global stewardship. Through case studies such as the _Belt and Road Initiative (BRI)_, China’s response to the _COVID-19 pandemic_, and its mediation efforts in _South Sudan_, this paper examines how ethical principles inform China’s engagement in international diplomacy, balancing practical political strategies with a vision of moral responsibility and global harmony. Beyond Confucianism, this study draws comparisons with Christian and Islamic perspectives on global governance, analyzing how religious teachings on peace, justice, and stewardship shape diplomatic ethics and multilateral cooperation. By situating international governance within the broader discourse of religious and philosophical thought, the research argues that ethical and theological principles remain central to shaping fair, sustainable, and morally responsible frameworks for conflict resolution and diplomatic engagement. This study contributes to the discourse on religious philosophy and global ethics, advocating for a more integrated approach to international governance that incorporates theological reflections on justice, reconciliation, and the moral obligations of states. Future research should further explore the role of interfaith dialogue in conflict resolution and the potential for religious principles to foster ethical global governance in an increasingly interconnected world. (shrink)

We are living in a world where power abuse has become the new norm, as well as the biggest, silent driver of persistent inequalities, racism and human rights violations. As humanity is getting to grips with socio-economic consequences that can only be compared with those that followed World War II, this timely book challenges current thinking, while creating a much needed normative and practical framework for revealing and challenging the power structures that feed our subconscious feelings of despair and defeatism. (...) Structured around the four concepts of power - race - justice - restorative justice, the book uses empirical new data and normative analysis to reconstruct the way we prevent power abuse and harm at the inter-personal, inter-community and international levels. This book offers new lenses, which allow us to view power, race and justice in a modern reality where communities have been silenced, but through restorative justice are gaining voice. The book is enriched with twenty-five case studies written by survivors, practitioners and those with direct experiences of power abuse and inequality. Through robust research methodologies, Gavrielides' new monograph reveals new forms of slavery, while creating a new, philosophical framework for restorative punishment through the acknowledgement of pain and the use of catharsis for internal transformation and individual empowerment. This is a powerful book that generates much needed hope. Through a multi-disciplinary dialogue that uses social sciences, criminology, law, psychology and human rights, the book opens new avenues for practitioners, researchers and policy makers internationally. (shrink)

Current experimentations with approaches to restorative justice for adult offenders represents a compelling new direction in the criminal justice system. This book examines the values and challenges of restorative justice for adult offenders, victims and communities. The discussion is situated within current debate, available research, and the international literature. In canvassing the structure, content, and delivery of key Australian and New Zealand restorative justice programs for adult offenders, the distinguished authors offer critical analysis of the emergence and impact (...) of program developements for practitioners and professionals. This collection brings together stimulating and informed articles by experienced practitioners, leading academics and new researchers in the field. It also offers valuable insights into emerging restorative justice practice for adult offenders and provides a real alternative to the adversarial justice system. (shrink)

Recent scholarship has given increasing attention to studying women’s involvement in conflict and mass violence. However, there is comparatively less discussion of the experiences of women as actors and perpetrators in conflict, and limited discussion of women as defendants in international criminal tribunals. This article explores this under-researched area. By analysing legal materials from the cases of six female defendants, this article investigates the extent to which legal discourses are shaped by stereotypes regarding femininity, conflict and peace. It (...) identifies three gender narratives—mothers, monsters and wives—used in relation to female defendants, which highlight the incompatibility of femininity with violence, and deny women’s agency in political and military contexts. Thus, this article concludes that female defendants in international criminal tribunals are viewed through gendered lenses, and discussed in accordance with gendered themes. This gendered justice is problematic, as it reinforces patriarchal gender stereotypes, and may hinder attempts to facilitate gender justice. (shrink)

With its express intention ‘to put an end to impunity’, the International Criminal Court (ICC) faces a substantial challenge in the shape of conditional amnesties granted in future national truth commissions (TCs)—a challenge that invokes fundamental considerations of criminal justice ethics. In this article, I give an account of the challenge, and I consider a possible solution to it presented by Declan Roche. According to this solution the ICC-prosecutor should respect national amnesties and prosecute and punish only (...) those perpetrators who have refused to cooperate with the TC. I argue, however, that this compromise is untenable. As a general rule, if we justify the ICC on grounds of deterrence we should not accept conditional amnesties granted in national TCs. (shrink)

Since the collapse of the Berlin wall, women and girls have been trafficked from central and eastern Europe to work as prostitutes in the European Union. This paper looks at the response of the international community to the problem of sex trafficking as it impacts on the EU. The focus is on criminal justice intervention with respect to protection of and assistance to ‘victims’, and a specially witness protection, in the light of the following: the tensions and promises (...) between treatment of trafficked women as ‘victims’ of crime and criminal justice informants; and the need to re-focus on a ‘woman-centred’ approach to criminal justice intervention for trafficked women. Given the diverse nature of law and criminal justice practice between EU Member States, the paper necessarily presents a generic critique of current EU and international ‘best practice’ recommendations, with some commentary on practice based on the author's research, with respect to what ‘gold standards’ of practice offer in theory and what is delivered in reality. The question of ‘victim-centred’ justice and/or ‘woman-centred’ justice is raised in an effort to promote effective policy recommendations. (shrink)

A well-known maxim instructs that justice should be seen to be done. When “seen” is understood in the sense of “observed”, the maxim is easily defended: open court proceedings protect against arbitrary and partial decisions. However, when “seen” is understood in the sense of “seem,” the maxim is more puzzling, since it is not obvious why courts should concern themselves with people's perceptions that justice has been done. This article addresses this issue, with a particular focus on the social and (...) other benefits that result when judges observe procedures that are widely regarded as fair, especially in criminal trials. The article draws on empirical studies in social psychology that show that when legal authorities treat people in ways that accord with “lay” procedural expectations, they are more likely to view the authorities as legitimate, to cooperate with them, and to obey the law out of an internalized sense of obligation. The article explores the moral significance of these empirical findings, arguing that it would be superficial to see them as a recipe for social stability. The deeper truth conveyed by the empirical research is that relating to people in ways that are widely perceived to be fair is a way for authorities to engage people's moral sentiments and to enliven their virtuous capacity to put aside considerations of self-interest so as to do what is right. This dynamic provides a sound moral foundation for courts to concern themselves with perceptions of justice. (shrink)

Barton’s view in Getting Even: Revenge as a Form of Justice (Open Court Chicago, 19991 is that revenge -- in the form of victim participation in trial. sentencing, and punishment -- should have a large place in criminal justice. I argue that what he suggests in the way of reform has no essential relation with criminal justice.

The European Union and the International Criminal Court are two of the most original and interesting elements of the contemporary international situation. Both of them are the result of a delicate balance between ethical issues and political interests and, consequently, institute a complex relationship with states' sovereignty. Their common ground of values has brought the European Union to sustain the International Criminal Court since its preparatory works. Through the analysis of the most significant documents and (...) the ways of the cooperation between these two organisms, this essay focuses on the problems that face the international justice and the possible means of its affirmation. It seems to be drawn a new aspect of international relations, far from the traditional power politics and underpinned by the consent that international organisms can gain among the public opinion through their policy consistence with justice and peace values. (shrink)

This chapter first discusses four categories of international criminal law, namely international aspects of national criminal law, international criminal law stricto sensu, suppression conventions/transnational criminal law, and international standards for criminal justice. It then explains some crosscutting issues that are in the forefront of both historical and contemporary discussions in the area, organizing the material under the rubric of jurisdiction, paying particular attention to how this plays out in a number of (...) suppression conventions. The appropriateness of domestic court jurisdiction is a fundamental issue in relation to most of the subject matter of the first three of the categories of international criminal law and to significant instruments developed in the fourth. The chapter also introduces a recent international criminal treaty, namely 2010 Beijing Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation, that is regarded as the state of the art. (shrink)

In A Moral Theory of Political Reconciliation, Colleen Murphy devotes a full chapter to arguing that international criminal trials make significant contributions to political reconciliation within post-conflict and transitional societies. While she is right to claim that these trials serve an important function, I take issue with her with respect to what that important function is. Whereas Murphy focuses on the contributions international criminal prosecutions might make to political reconciliation within the borders of transitional societies, I (...) claim instead that their primary function is to restore order at the international level and to dispense justice. The aims of justice are not always consistent with the aims of reconciliation. Moreover, several features of international criminal trials should give us pause with respect even to how well, in fact, they manage to serve the ends of international justice. (shrink)

This article explores the multifaceted endeavour of enhancing soldiers' capabilities, particularly in light of emerging disruptive technologies, and underscores the imperative to assess the ethical, legal, and strategic implications thereof. Specifically, the study delves into a theoretical scenario involving the administration of a fear-reducing pill, positing its potential to substantially diminish the risk of PTSD without harmful side effects. The author examines whether fear, despite its reduction, remains an intrinsic and beneficial aspect of armed conflict and the military profession. (...) This inquiry is evaluated through considerations of resourcefulness and strategy, unit cohesion, the proportionality test within the targeting cycle, and the impact of fear on criminal deterrence effectiveness. The article contends that the elimination of fear can yield diverse outcomes, underscoring the necessity for further exploration in the realm of law and emotions. Such research is pivotal for adequately preparing for the advent of novel technologies, mitigating mental harm, and fortifying compliance with IHL and military ethics. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores the potential of (...) legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

It has long been held that humans need government to impose social order on a chaotic, dangerous world. How, then, did early humans survive on the Serengeti Plain, surrounded by faster, stronger, and bigger predators in a harsh and forbidding environment? Pirates, Prisoners, and Lepers examines an array of natural experiments and accidents of human history to explore the fundamental nature of how human beings act when beyond the scope of the law. Pirates of the 1700s, the leper colony on (...) Molokai Island, prisoners of the Nazis, hippie communes of the 1970s, shipwreck and plane crash survivors, and many more diverse groups--all existed in the absence of formal rules, punishments, and hierarchies. Paul and Sarah Robinson draw on these real-life stories to suggest that humans are predisposed to be cooperative within limits. What these "communities" did and how they managed have dramatic implications for shaping our modern institutions. Should today's criminal justice system build on people's shared intuitions about justice? Or are we better off acknowledging this aspect of human nature but using law to temper it? Knowing the true nature of our human character and our innate ideas about justice offers a roadmap to a better society. (shrink)

In this paper, I explore the intersection of climate justice and international cooperation, focussing on the compulsory licensing of climate-related technologies. I aim to contribute to a critical analysis of the role of intellectual property rights (IPRs) and global development in the twenty-first century, particularly within the context of a climate crisis, by: (i) explaining the evolution of the principle of Common but Differentiated Responsibilities and Respective Capabilities (CBDR&RC) in the international governance on climate change, and (ii) (...) analysing discussions around compulsory licensing of climate-related technologies within the international system of IPRs’ protection. For this, I use qualitative research methods, including critical discourse analysis and a preliminary literature review, to understand the interactions between delegations and the narratives constructed for international cooperation to address climate change. I then argue that a ‘climate justice’ framework would improve discussions of the development and transfer of climate-related technologies and bring transformative possibilities for the understanding of global development. (shrink)

Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review dividing line. It then seeks to link research on the impact of dispute resolution and on-going administrative practices. The article also highlights limitations in existing impact research, focusing on the tendency to examine single dispute resolution mechanisms in isolation from others. Furthermore it suggests some future directions for empirical administrative justice research. It also explores the potential of (...) legal consciousness research for empirical administrative justice scholarship, and suggests new territories for administrative justice researchers: criminal justice processes and administrative activities of private agencies. It concludes by presenting an argument that a mapping of administrative justice institutions, both historically and cross-jurisdictionally, can reveal much about how relationships between citizens and administrative agencies may shift across time and space. (shrink)

Transitionaljustice mechanisms and the International Criminal Tribunal for the FormerYugoslavia (ICTY) have had only a limited success in overcoming ethnic divisionsin Bosnia-Herzegovina. Rather than elaborating upon the role of local politicalelites in perpetuating ethnic divisions, we examine ordinary peoples’ popularperceptions of war and its aftermath. In our view, the idea that elites havecomplete control over the broader narratives about the past is misplaced. Weargue that transitional justice and peace mechanisms supported by externalactors are always interpreted on the ground (...) in context-specific ways, creatingdifferent citizens’ experiences, “memories” of the war, and their respectivehopes and disappointments in regards to the relationship between peace andjustice in Bosnia. We suggest that analyses of the post-conflict developments inBosnia-Herzegovina must take into account what gives the narratives ofexclusion their power, and what are the objective political, social andeconomic constraints that continue to provide a fertile ground for theirwidespread support. (shrink)

Amidst the ideology, efficiency and bitter contention of international economy, the importance of leadership or public administration had long been under-stressed as an avenue for any better solution. Nonetheless, within a changing mode of interaction in the global community, an increasing ethos for the kind of common basis of ethics or agreement, at least in the level of class administrators or noble citizenry including the academicians, business leaders, bureaucrats and so, could be congruent for the public good on (...) the national and international plane. A rapid transformation for the informative society or sharing and humanity or social justice generally is seen to enable the possibility of new openness against the divergences from various reasons. Typically, I consider the public administration other than law, inter alia, could have strands to leap for any grand promise or for any cosmopolitan public value since it tends progressive and less ideological. At the core of ambition underlie the ethics of public administrators or their responsibility for the constituents and global public. The paper deals with two illustrative cases from the experience of South Korea which matters at the negative and positive concept of liberty. They will be investigated, empirically at some extent and in view of the ethics of congressmen and public officers. I, then, turn to explore the western theories and tenets often associated with their moral standard. Finally, the context could be revisited for the global scale of transformation expanded to cover the Orient and West. (shrink)

The idea that transnational dynamics challenge the regulatory capacity of the state has hardly ever received as much attention as in contemporary debates. Different voices denounce the crisis of the state and advocate the establishment of supranational institutions with legally coercive power. It is tempting to jump to the conclusion that these voices are concerned with the same cluster of problems. We think that one should resist this temptation. Firstly, not all the problems pointed out by the advocates of supranational (...) sovereignty are of the same kind and structure. Some concern the need to limit the power of states, whereas others address the almost opposite necessity to support and strengthen their problem-solving capacity through forms of international regulation. Secondly, the corresponding solutions are different. In particular, although they may all imply the establishment of supranational institutions, not all such institutions need be global. The creation of a full-blown global rule of criminal law, for instance, would raise serious concerns of global despotism and cultural imperialism, and we therefore make a case for regional and context-sensitive solutions in this case. However, problems of supranational socioeconomic justice can only be addressed through global regulatory institutions, for regional institutions would, in this case, only recreate current problems at the interregional level. (shrink)

International Criminal Law and Philosophy is the first anthology to bring together legal and philosophical theorists to examine the normative and conceptual foundations of international criminal law. In particular, through these essays the international group of authors addresses questions of state sovereignty; of groups, rather than individuals, as perpetrators and victims of international crimes; of international criminal law and the promotion of human rights and social justice; and of what comes after (...) class='Hi'>international criminal prosecutions, namely, punishment and reconciliation. International criminal law is still an emerging field, and as it continues to develop, the elucidation of clear, consistent theoretical groundings for its practices will be crucial. The questions raised and issues addressed by the essays in this volume will aid in this important endeavor. (shrink)

What is our nature? : What does government do for us, and to us? -- Cooperation : lepers & pirates -- Punishment : Drop City & the utopian communes -- Justice : 1850's San Francisco & the California gold rush -- Injustice : the Attica uprising & the Batavia shipwreck -- Survival : the Inuits of King William Land & the mutineers on Pitcairn Island -- Subversion : hellships & prison camps -- Credibility : America's prohibition -- Excess : (...) committing felony murder while asleep in bed & life in prison for an air-conditioning fraud -- Failure : getting away with murder beyond a reasonable doubt -- Collapse : Escobar's Colombia -- Taking justice seriously five proposals -- Epilogue : what are they doing now? (shrink)

This book provides the first full account, explanation, and critique of extraterritorial punishment in international law.

A focus on the lawmaking process, I submit, permits us to explore a particular dimension of justice, namely the relationship between law and liberty. Laws that reflect the arbitrary whims of the lawmaker are presumptively unjust, because they constrain liberty for no good reason. A strategy for making arbitrary laws less likely involves recognizing checks on the lawmaker's powers and grounding those checks in processes that allow the governed to express their disapproval. The system of checks and balances employed in (...) the U.S. Constitution embodies this strategy, although reasonable people can debate its efficacy. As A.O. Hirschman observed, regimes that permit free movement of persons and property similarly restrict the force of arbitrary rules by allowing exit from unwanted restrictions. I want to inquire into the role of checks in international lawmaking. At first blush, it might appear that the fundamental principle of state consent provides all the checking that international lawmaking needs. This principle maintains that a state (and by extension, its subjects) can be bound by a rule of international law only if that state manifests its consent to the rule. As long as states have a real choice, itself subject to internal checks on official decisionmaking, the adoption of the rule should meet basic criteria of procedural justice. Indeed, the correlate of this principle—that each state has a veto over the adoption of international law, at least as applied to itself and its subjects—suggests that international lawmaking poses less of a threat to liberty than do conventional municipal lawmaking processes based on majority rule. One might think that, as a result of this principle, no rule will attain the status of international law unless its adoption makes some states better off and no state worse off. This first impression, however, is wrong. First, international lawyers argue for the existence of jus cogens norms that apply regardless of state consent. Second, the concept of state consent is artful, and opportunistic decisionmakers have some freedom to construe consent in ways that circumvent conventional checking processes. Third, political and economic coercion can reduce state consent to a meaningless formality. I discuss each of these points in turn. Once state consent ceases to constrain international lawmaking, the question role of alternative checks to protect liberty looms. Under what circumstances does the international lawmaking process as currently constituted present a threat of arbitrary force? What kinds of resistance to the results of international lawmaking can process values justify? I address these questions in three steps. First, I explore whether international law does carry a threat of coercion. If not, concerns about arbitrary restrictions of liberty are misplaced. Second, I discuss the problems arising from delegations of lawmaking authority to international institutions, with specific reference to the Rome Statute and the International Criminal Court. Third, I discuss the process-value issues associated with judicial lawmaking. None of these concerns justifies blanket opposition to international lawmaking. Rather, those interested in making and enforcing international rules need to grapple with these issues and provide another layer of justification for their efforts. a Footnotesa I am indebted to Ken Abbott, Jean Cohen, Larry Helfer, Robert Hockett, Sean Murphy, Phil Nichols, Ed Swaine, Joel Trachtman, the other contributors to this volume, and participants in a workshop at the University of Virginia School of Law for comments and criticism. Shortcomings are mine alone. (shrink)

The economically deprived come into contact with the criminal court system in disproportionate number. This collection of original, interactive essays, written from a variety of ideological perspectives, explores some of the more troubling questions and ethical dilemmas inherent in this situation. The contributors, including well-known legal and political philosophers Philip Pettit, George Fletcher, and Jeremy Waldron, examine issues such as heightened vulnerability, indigent representation, and rotten social background defenses.

I argue that international criminal trials can contribute to political reconciliation by fostering the social conditions required for law’s efficacy.