New PDF release: Accountability for Collective Wrongdoing

By Tracy Isaacs, Richard Vernon

ISBN-10: 1107002893

ISBN-13: 9781107002890

Principles of collective accountability problem the doctrine of person accountability that's the dominant paradigm in legislations and liberal political thought. yet little cognizance is given to the results of keeping teams liable for wrongdoing. teams should not amenable to punishment within the manner that folks are. Can they be punished - and if this is the case, how - or are different treatments on hand? the subject crosses the borders of legislations, philosophy, and political technology, and during this quantity experts in all 3 components give a contribution their views. They learn the bounds of person felony legal responsibility in addressing atrocity, the meanings of punishment and accountability, the distribution of workforce punishment to a group's participants, and the capacity wherein collective responsibility might be expressed. In doing so, they ponder the legacy of the Nuremberg Trials, at the philosophical figuring out of collective accountability, and at the position of collective responsibility in overseas political family members

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Here, I propose loosening the grip of the criminal law paradigm on the accountability process: initially, by integrating approaches to accountability offered by law generally (such as judicialized civil sanctions, lustration, or group-based public service) and, subsequently, by involving quasi-legal or fully extralegal accountability mechanisms such as truth commissions, legislative reparations, public inquiries, transparency, arbitral claims commissions, and the politics of commemoration. The goal of horizontal reform is to advance from law to justice: initially, by moving international criminal law to a capacious law of atrocity and, ultimately, to an enterprise that constructively incorporates extrajudicial initiatives.

Burke-White, “Complementarity in Practice: The International Criminal Court as Part of a System of Multi-level Global Governance in the Democratic Republic of Congo,” Leiden Journal of International Law 18, no. 3 (2005): 557–90. ” Washington University Law Review 84 (2006): 777–833. 27 M. , The Pursuit of International Criminal Justice: A World Study on Conflicts, Victimization, and Post-Conflict Justice (Antwerp: Intersentia, 2010). php/intl/2010/03/31/ cherif_bassiouni_international_criminal. 34 Accountability for Collective Wrongdoing analysis and thereby control their behavior.

12 My proposal pushes beyond international institutions as a reflexive place in which to house collective responsibility schemes and examines how national and local methods of collective accountability can be fostered. I chart the topography of the claims advanced in this edited collection to emphasize that whereas my envisioned schematic of collective responsibility departs from the ethos of liberal criminal law, other contributors propound greater departures on the one hand, and narrower departures on the other.

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Accountability for Collective Wrongdoing by Tracy Isaacs, Richard Vernon


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