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Judith Shklar on the Philosophy of International Criminal Law

27 Pages Posted: 20 Sep 2012  

Samuel Moyn

Yale University

Date Written: September 18, 2012

Abstract

This paper revives Judith Shklar's "Legalism" (Harvard University Press, 1964) with an eye to its relevance to international criminal law today. It examines her general jurisprudential outlook, and critique of various prominent mid-century positions, before turning to her account of the Nuremberg Trials. Showing that her defense of those trials may fail, the paper concludes by suggesting that the book's failure may make it more relevant to the contemporary enterprise of international criminal law rather than less.

Keywords: Judith Shklar, Nuremberg, international criminal law, naturalism, positivism

Suggested Citation

Moyn, Samuel, Judith Shklar on the Philosophy of International Criminal Law (September 18, 2012). Available at SSRN: https://ssrn.com/abstract=2148437 or http://dx.doi.org/10.2139/ssrn.2148437

Samuel Moyn (Contact Author)

Yale University ( email )

MA 02138
United States
2128543009 (Phone)

HOME PAGE: http://campuspress.yale.edu/samuelmoyn

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