Justice in Extreme Cases
Justice in Extreme Cases
In Justice in Extreme Cases, Darryl Robinson argues that the encounter between criminal law theory and international criminal law (ICL) can be illuminating in two directions: criminal law theory can challenge and improve ICL, and conversely, ICL's novel puzzles can challenge and improve mainstream criminal law theory. Robinson recommends a 'coherentist' method for discussions of principles, justice and justification. Coherentism recognizes that prevailing understandings are fallible, contingent human constructs. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
- Demonstrates that criminal law requires an additional form of reasoning, which engages with principled constraints of justice
- Explains pitfalls of over- and under-estimating these constraints, and provides a method to ascertain them
- Outlines new problems and areas of inquiry for scholars of criminal law theory, criminal law, and legal philosophers
- Unpacks current controversies in command responsibility, to show how past problems in reasoning created the currently tangled law
Reviews & endorsements
‘In an era of unrestrained deflation, Robinson’s brilliant Justice in Extreme Cases has rehabilitated international criminal law using a deft combination of sophisticated philosophy, legal doctrine, and level-headed policy. In rediscovering the justice in international criminal justice, Robinson’s book sails against the prevailing winds of an increasingly cynical discipline and takes the reader on a refreshing journey.’ Jens David Ohlin, Vice Dean and Professor of Law, Cornell Law School
‘Darryl Robinson’s important and compelling book marks a significant contribution to the literature on International Criminal Law. His rich and careful analysis is full of insights, providing a roadmap for better reasoned judicial opinions and welcome reforms that will re-commit the law to fundamental principles of justice.’ Alexander K. A. Greenawalt, Professor of Law, Elisabeth Haub School of Law at Pace University
'Drumbl produced a generation of expressivists, and Robinson is poised to create a generation of deontic cosmopolitan coherentists. Justice in Extreme Cases provides an eminently humane and sensible view of international criminal legal theory and offers a look at the theory in action with a compelling analysis of command responsibility. Anyone working in (or even just interested in) international criminal law should read this book.' Caroline L. Davidson, Professor of Law, Willamette University, College of Law
‘This well-reasoned, bountifully sourced, and exceptionally insightful book … If … you are interested in some challenging thinking that questions orthodoxies … and if you are in search of a new way of thinking about the interpretation and application of ICL, then Justice in Extreme Cases - Criminal Law Theory Meets International Criminal Law delivers.’ Michael G. Karnavas, michaelgkarnavas.net
‘This is a very significant contribution to the theory of international criminal law (ICL) … by … a prominent member of the Canadian Government’s team that worked on the ICC negotiations …Robinson sets out his … appealing jurisprudential stance for approaching such questions [and] weighs in persuasively on a matter of great significance.’ Roger S. Clark, Criminal Law Forum
‘Meticulously researched and very clearly written, and brings together various philosophical doctrines with domestic and international legal theories to provide a unique analysis of ICL.’ Joseph Rikh, Canadian Yearbook of International Law/Annuaire canadien de droit international
‘This is a very good read, including the Annexes, marked by impeccable scholarship, originality and clear exposition.’ Roger S. Clark, Criminal Law Forum
Product details
October 2022Paperback
9781009318556
325 pages
228 × 151 × 19 mm
0.49kg
Available
Table of Contents
- Acknowledgements
- Cases and Authorities
- List of Abbreviations
- Part I. Introduction and Problem:
- 1. Introduction
- 2. The Identity Crisis of International Criminal Law
- Part II. Proposed Solution:
- 3. The Humanity of Criminal Justice
- 4. Fundamentals without Foundations
- 5. Criminal Law Theory in Extremis
- Part III. Illustration through Application:
- 6. An Unresolved Contradiction
- 7. The Outer Limits of Culpability
- 8. The Genius of Command Responsibility
- 9. Horizons: The Future of the Justice Conversation
- Judgment
- Glossary of Selected Terms
- Bibliography
- Index.
