Monday, March 26, 2018
Margaret M. deGuzman (Temple University - James E. Beasley School of Law) has posted Criminal Law Philosophy in William Schabas’s Scholarship (ARCS OF GLOBAL JUSTICE: ESSAYS IN HONOR OF WILLIAM A. SCHABAS (Margaret M. deGuzman & Diane Marie Amann eds., Oxford University Press 2017)) on SSRN. Here is the abstract:
Much of the writing on international criminal law lacks a clear philosophical orientation and instead draws implicitly on a mix of criminal law theories to support analytic and prescriptive arguments. The work of Professor William Schabas, one of the most prolific and influential scholars in the field, in whose honor this volume is published, exemplifies this trend. This chapter examines the deontological and consequentialist strains in Professor Schabas’s writing to illuminate the role that criminal law philosophy plays in much of the scholarly discourse in international criminal law.