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Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law

Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law

Name: Shocking the Conscience of Humanity: Gravity and the Legitimacy of International Criminal Law
Brand: Oxford University Press
SKU: 9780192886972
Price: 403.39 HKD
Availability: InStock
Author: Margaret deGuzman
ISBN: 9780192886972

By Margaret deGuzman

Oxford University Press September 2022

Specifications

ISBN-13: 9780192886972
Publisher: Oxford University Press
Publication: September 2022
Format: Paperback
Jurisdiction: U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

The most commonly cited justification for international criminal law is that it addresses crimes of such gravity that they "shock the conscience of humanity." From decisions about how to define crimes and when to exercise jurisdiction, to limitations on defences and sentencing determinations, gravity rhetoric permeates the discourse of international criminal law. Yet the concept of gravity has thus far remained highly undertheorized.

This book uncovers the consequences for the regime's legitimacy of its heavy reliance on the poorly understood idea of gravity. Margaret M. deGuzman argues that gravity's ambiguity may at times enable a thin consensus to emerge around decisions, such as the creation of an institution or the definition of a crime, but that, increasingly, it undermines efforts to build a strong and resilient global justice community. The book suggests ways to reconceptualize gravity in line with global values and goals to better support the long-term legitimacy of international criminal law.

Introduction

1:Legitimacy, Gravity, and Global Community

2:A Brief History of Gravity

3:Global Prescriptive Authority

4:Global Adjudicative Authority

5:Defendants' Rights and Defenses

6:Sentencing

7:Conclusion

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