| Description |
xxvi, 228 pages ; 24 cm |
| Series |
Cambridge studies in international and comparative law ; 4 [i.e. 5] |
|
Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 5
|
| Contents |
1. Introduction. Crime and punishment: jurisdiction to prescribe, to adjudicate and to enforce. Words and reality. "Naturalism" and "positivism" "Reality" and the evolution of theory. Adjudication and legislation. Sources and language. The slippery slope -- 2. The international legal order. The naturalist model. The positivist practice -- 3. Theory and practice come together. The United States of America. The impact of reality on theory -- 4. Putting it together. The rise of positivism and the naturalist reaction. The "evolving" world order and "interdependence" "Monism" versus "dualism" again. Overview for the twenty-first century -- 5. Implications for today. "Solutions" in a positivist legal order. Summary and conclusions |
| Summary |
The specialized vocabularies of lawyers, ethicists and political scientists obscure the roots of many real disagreements. In this book, the distinguished American international lawyer Alfred P. Rubin provides a penetrating account of where these roots lie, and argues powerfully that disagreements which have existed for 3,000 years are unlikely to be resolved soon. Current attempts to make "war crimes" or "terrorism" criminal under international law seem doomed to fail for the same reasons that attempts failed in the early nineteenth century to make piracy and the international traffic in slaves criminal under the law of nations. And for the same reasons, Professor Rubin argues, it is unlikely that an international criminal court can be instituted today to enforce ethicists' and "natural law" advocates' versions of "international law." |
| Bibliography |
Includes bibliographical references (pages 207-214) and index |
| Subject |
Criminal jurisdiction -- Moral and ethical aspects.
|
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Criminal jurisdiction -- Philosophy.
|
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International law -- Moral and ethical aspects.
|
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International law -- Philosophy.
|
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International crimes -- Moral and ethical aspects.
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International crimes -- Philosophy.
|
| LC no. |
96045060 |
| ISBN |
0521582024 (hardback) |
|
