The Legacy of Punishment in International Law

Hardcover | September 15, 2010

byHarry D. Gould, Harry D Gould

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The Legacy of Punishment in International Law illustrates how seventeenth and eighteenth century rationales for the use of force in support of piracy and colonialism have been transformed into progressive features of contemporary International Law.  The classic practice of international punishment was a part of the jus ad bellum, and was the fig leaf for intra-European violence, and for the European conquest of the Americas.  It has been transformed, however, into the basis for the assertion of a set of unconditionally, universally binding rules of international law, and for universal jurisdiction over perpetrators of crimes against humanity and war crimes.

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The Legacy of Punishment in International Law illustrates how seventeenth and eighteenth century rationales for the use of force in support of piracy and colonialism have been transformed into progressive features of contemporary International Law.  The classic practice of international punishment was a part of the jus ad bellum, and w...

Harry D. Gould is an Assistant Professor in the Department of Politics and International Relations at Florida International University.  He is the author of a number of articles and book chapters.

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Format:HardcoverDimensions:202 pages, 8.5 × 5.5 × 0.5 inPublished:September 15, 2010Publisher:Palgrave MacmillanLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:023010438X

ISBN - 13:9780230104389

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Table of Contents

Introduction * The Historical Trajectory of International Punishment * Jus Cogens * Obligations Erga Omnes and the Actio Popularis * The Principle of Universal Jurisdiction * The Problematic Discourse of State Crime * Conclusion

Editorial Reviews

“The Legacy of Punishment in International Law interprets a significant transformation within ethical reasoning about war, the disappearance of the idea of punishment among states. It makes a valuable scholarly contribution not only on this specific question of punishment, but also to the larger discourse on rules and norms in the international system. This is an important read for anyone interested in just war or the role of norms in the international system.”--Amy E. Eckert, Metropolitan State College of Denver