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.
Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law
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.