Judith Shklar on the Philosophy of International Criminal Law
27 Pages Posted: 20 Sep 2012
Date Written: September 18, 2012
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
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By Dov Jacobs