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Title of Journal: Criminal Law Philosophy

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Abbravation: Criminal Law and Philosophy

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Springer Netherlands

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10.1016/0038-1098(93)90913-8

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1871-9805

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Reflections on Punishment from a Global Perspectiv

Authors: Margaret Martin
Publish Date: 2014/09/02
Volume: 8, Issue: 3, Pages: 693-712
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Abstract

In this review essay I offer reflections on three themes I begin by exploring Alejandro Chehtman’s expressed methodological commitments I argue that his views move him closer to Lon Fuller and away from the thin accounts offered by HLA Hart and Joseph Raz Moreover to make sense of his views he must offer a more normatively robust theory of law Second I turn to his use of Raz’s theory of authority I argue that Chehtman fails to distinguish between Raz’s views and his own but more importantly I maintain that his discussion of Raz is superfluous in the course of “unpacking” Raz’s views he leads us back to his own core theses Finally I explore Chehtman’s ability to deal with perennial worries that plague any attempt to offer a justification for International Criminal Law in general and the International Criminal Court in particular ie “victor’s justice” “show trials” “peace vs justice” I argue that unless Chehtman is able to demonstrate that the enforcement of International Criminal Law is able to impart dignity and security on the most vulnerable his account will be significantly weakened


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