Judith Shklar on the Philosophy of International Criminal Law

Samuel Moyn

Harvard University

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.

Number of Pages in PDF File: 27

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

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Date posted: September 20, 2012  

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

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Samuel Moyn (Contact Author)
Harvard University ( email )
MA 02138
United States
2128543009 (Phone)
HOME PAGE: http://scholar.harvard.edu/smoyn
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