Criminal Theory And International Human Rights Law (routledge Research In Human Rights Law)

Présentation de l'éditeur : "The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study - international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy." Cover Half Title Series Page Title Page Copyright Page Table of Contents Tables and figures Preface Abbreviations 1. Introduction Bringing the two fields together Defining the criminal offence The scope of international human rights law 2. An international human rights law approach Subjects and violations Applying international human rights law to criminalization Anote on human rights and human duties Summary 3. Rights in criminal theory Use of rights in criminal theory – Feinberg’s welfare interest rights Challenges with welfare interest rights Rights, wrongfulness, and harm Further notions of rights – continental legal theory Summary 4. Crime and criminalization obligations in international human rights law The general security of person obligation The specific crime prevention obligation The general crime investigatory obligation Summary 5. Criminalization in human rights treaties Criminalization obligations in human rights treaties ICERD Article 4 CAT Article 4 OP-CRC-AC Article 4 and OP-CRC-SC Article 3 CPED Articles 4 and 25 Lessons from human rights treaty-based criminalization Summary 6. Criminalization in human rights cases Direct negative and positive criminalization cases Conviction cases Investigatory and procedural obligation cases Criminalization cases – acts and rights Criminalization cases – outcomes Summary 7. Reasoning in criminalization cases Societal interests Autonomy Harm and offense Community consensus Human dignity Other grounds of reasoning Criminal theory concepts ECHR structural principles Paternalism and vulnerability Links between grounds of reasoning Summary 8. Differences between criminal theory and an international human rights law approach Vertical and horizontal rights Dignity, vulnerability, and pluralism Multi-factorial reasoning The margin of appreciation Summary 9. The value of international human rights law for criminal theory Rethinking rights Balancing considerations Criminalization outcomes The role of consensus Summary 10. Conclusion References Table of ECHR criminalization cases by crime classification, outcome, and reasoning Index Présentation de l'éditeur : "The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study - international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis. The book will be a valuable resource for academics and students working in the areas of International Human Rights Law, Criminal Law, and Moral Philosophy." "The development of an international human rights jurisprudence on criminalization is in its relative infancy. Nonetheless, systematic examination of international decisions on acts engaging the criminal law reveals an emerging human rights approach to the acceptability, or not, of criminalization. This book provides an in-depth characterization of the reasoning and principles that underpin those decisions. The work builds upon and adds value to existing literature by bringing together two fields of study - international human rights law and criminal theory - that usually receive separate treatment. It provides an in-depth analysis of human rights criminalization jurisprudence and presents a systematic identification of underlying reasoning and concepts that influence international human rights decisions on criminalization. The work thus advances both fields independently, as well as providing an example of inter-(sub)disciplinary analysis"-- Provided by publisher