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.
Friday, January 8, 2021
Robinson: Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law
Justice in Extreme Cases: Criminal Law Theory Meets International Criminal Law (Cambridge Univ. Press 2020). Here's the abstract: