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. This book will be a valuable resource to scholars and jurists in ICL, as well as scholars of criminal law theory and legal philosophy.
- Demonstrates that criminal law requires an additional form of reasoning, which engages with principled constraints of justice
- Explains pitfalls of over- and under-estimating these constraints, and provides a method to ascertain them
- Outlines new problems and areas of inquiry for scholars of criminal law theory, criminal law, and legal philosophers
- Unpacks current controversies in command responsibility, to show how past problems in reasoning created the currently tangled law
