Criminal theory and international human rights law / Steven Malby.

By: Material type: TextTextSeries: Routledge research in human rights lawPublisher: Abingdon, Oxon ; New York, NY : Routledge, 2019Description: 1 online resourceContent type:
  • text
Media type:
  • computer
Carrier type:
  • online resource
ISBN:
  • 9780429060212
  • 0429060211
  • 9780429593147
  • 0429593147
  • 9780429595721
  • 0429595727
  • 9780429594434
  • 0429594437
Subject(s): DDC classification:
  • 341.4/8 23
LOC classification:
  • KZ7075
Online resources:
Contents:
Introduction -- An international human rights law approach -- Rights in criminal theory -- Crime and criminalization obligations in international human rights law -- Criminalization in human rights treaties -- Criminalization in human rights cases -- Reasoning in criminalization cases -- Differences between criminal theory and an international human rights law approach -- The value of international human rights law for criminal theory -- Conclusion
Summary: "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.
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Introduction -- An international human rights law approach -- Rights in criminal theory -- Crime and criminalization obligations in international human rights law -- Criminalization in human rights treaties -- Criminalization in human rights cases -- Reasoning in criminalization cases -- Differences between criminal theory and an international human rights law approach -- The value of international human rights law for criminal theory -- Conclusion

"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.

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