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Larry May and Zachary Hoskins (Eds.), International Criminal Law and Philosophy (Book Review)

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eBook details

  • Title: Larry May and Zachary Hoskins (Eds.), International Criminal Law and Philosophy (Book Review)
  • Author : Social Theory and Practice
  • Release Date : January 01, 2011
  • Genre: Religion & Spirituality,Books,
  • Pages : * pages
  • Size : 203 KB

Description

Larry May and Zachary Hoskins (eds.), International Criminal Law and Philosophy (Cambridge: Cambridge University Press, 2010), ix + 258 pp. This book is an excellent entry into the growing body of work now focusing on the intersection of the moral, legal, and political in international affairs. Each of the book's eleven essays addresses an important aspect of the philosophy of international criminal law. The issues tackled include: when is a crime "international" in character, with all the ramifications this implies, rather than merely domestic; how are we to understand the meaning and limits of the concept of state sovereignty; what should we think (and do) about the International Criminal Court, now that we have some experience on which to base our analysis of its benefits and limitations; how are we to understand the crime of genocide, and especially the concept of the destruction of a "group" that is so central to its application; what are the responsibilities of the parties for damage to the environment caused by their military operations; can the indefinite detention of supposed enemy combatants at Guantanamo and other facilities be justified under traditional notions of national self-defense, and if not, can they be justified in some other way; are "human" rights in essence "political" rights or are they, in contrast, exactly the opposite of political rights, that is, rights that rise "above" the political. Some of the essays are as historically focused as they are analytical, others zero in on the conceptual issues involved from the outset, and some are perhaps salted a little more with law than with philosophy, but all are informed by a thorough understanding of the relevant factual situations in which the philosophical issues they address arise. All the essays raise interesting issues and flame them nicely, so while I might question some of the conclusions in some of the essays, the book nevertheless provides much information that will be helpful to anyone trying to understand what is happening on the cutting edge of international criminal law today.


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