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Global Justice and Due Process - Larry May

Global Justice and Due Process

By: Larry May

Paperback Published: December 2010
ISBN: 9780521152358
Number Of Pages: 270

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The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law.

Focusing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and non-refoulement (not to be sent to a State where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as just cogens, as universally binding in international law.

His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

About the Author

Larry May is the W. Alton Jones Professor of Philosophy at Vanderbilt University and Professorial Fellow at the Centre for Applied Philosophy and Public Ethics at Charles Sturt and Australian National Universities. He is the author of Crimes Against Humanity : A Normative Account (Cambridge University Press, 2005), War Crimes and Just War (Cambridge University Press, 2007), Aggression and Crimes against Peace (Cambridge University Press, 2008) and Genocide : A Normative Account (Cambridge University Press, 2010). He is also the editor of International Criminal Law and Philosophy (Cambridge University Press, 2009).

Industry Reviews

"...thesis is well argued with many references to political, legal, and philosophical developments... Recommended..." --D.P. Forsythe, emeritus, University of Nebraska, Choice "...Larry May has made a significant contribution to the legal literature in this book, which focuses not only on Guantanamo and the denial of certain human rights that have taken place there, but rather takes that situation as a point of departure for a wider-ranging discussion... The text is indeed rich in references to historical and contemporary laws, both domestic and international, notable scholars and lawyers, as well as numerous philosophical concepts and legal theories... presents many theories, ideas, and concepts, which intersect and overlap throughout the book, and for a reader who may be more familiar with international law than legal philosophy, such as this reviewer, the text may prove challenging occasionally... a text that will undoubtedly generate further debate amongst those with an interest in legal philosophy, human rights, and international law." --Shane Darcy, National University of Ireland, Galway, Social Theory and Practice "...Global Justice and Due Process covers an impressive range of theoretical issues in a little over two hundred pages, including the nature of the value of the rule of law, the historical origins of the Magna Carta, and the conditions needed for a norm to be recognized as jus cogens... an excellent book, tackling a new philosophical question in a clear, well argued, and original manner." --Colleen Murphy, University of Illinois at Urbana-Champaign, Journal of Moral Philosophy

Acknowledgementsp. viii
Introduction: understanding global procedural justicep. 1
Magna Carta's procedural rightsp. 4
The infirmity of international lawp. 6
International outlaws, detainees, and the Statelessp. 8
Procedural justice and the international rule of lawp. 11
Summary of the arguments of the chapters in this bookp. 14
Procedural Rights and Magna Carta's Legacy
Magna Carta and the interstices of procedurep. 21
Magna Carta and its twelfth-century backgroundp. 22
Preconditions for the rule of lawp. 26
Parallels between Magna Carta and international lawp. 30
Future directions for the development of international lawp. 34
Objectionsp. 37
The nature and value of procedural rightsp. 43
Nowheresville and Guantanamop. 44
Distinguishing procedural and substantive rightsp. 47
Instrumental and intrinsic value of proceduresp. 52
International procedural rightsp. 57
Objectionsp. 60
International law and the inner morality of lawp. 66
Hart on international lawp. 67
Fuller on procedural natural lawp. 72
Fundamental procedural rightsp. 75
Habeas corpus and international lawp. 78
Objections and repliesp. 80
Habeas Corpus and 'Jus Cogens'
Habeas corpus as a minimalist rightp. 87
Habeas corpus and the value of procedural rightsp. 88
The deterrence argumentp. 90
The disappeared argumentp. 93
The torture argumentp. 95
The Ring of Gygesp. 98
The principle of visiblenessp. 100
Due process, judicial review, and expanding habeas corpusp. 104
Problems with minimalist habeas corpusp. 104
Due process of lawp. 107
Judicial review and habeas corpusp. 109
Assessing the role of judicial reviewp. 114
Global due processp. 117
Habeas corpus as jus cogens in international lawp. 120
The idea of jus cogens normsp. 120
Jus cogens and equityp. 126
Arbitrary incarceration in European human rights lawp. 130
The Inter-American Commission on Human Rightsp. 133
David Hicks and the MV Tampap. 137
An objectionp. 140
Deportation, Outlawry, and Trial By Jury
Collective punishment and mass confinementp. 145
Collective responsibility and punishmentp. 146
The Just War tradition and international lawp. 150
Collective liability and confinementp. 154
Refugee detention and equityp. 156
Objectionsp. 160
Non-refoulement and renditionp. 164
The problem of ôvicarious dirty handsöp. 165
What is non-refoulement?p. 168
Non-refoulement as a jus cogens normp. 172
Expanding the scope of non-refoulementp. 178
Objectionsp. 180
The right to be subject to international lawp. 184
The concepts of outlawry and Statelessnessp. 185
Outlawry and Statelessness in international lawp. 189
Being a subject of international lawp. 191
Trial by juryp. 193
Citizens of what?p. 197
Security and Global Institutions
Alternative institutional structuresp. 205
A world court of equityp. 206
Global administrative lawp. 210
Enhancement of international human right institutionsp. 213
A progressive development of alternativesp. 215
Due process institutionsp. 217
Global procedural rights and securityp. 221
Human rights, peace, and securityp. 222
Conflicts between security and rightsp. 225
Linking the rights of Magna Cartap. 230
Bibliographyp. 235
Indexp. 244
Table of Contents provided by Ingram. All Rights Reserved.

ISBN: 9780521152358
ISBN-10: 0521152356
Audience: Tertiary; University or College
Format: Paperback
Language: English
Number Of Pages: 270
Published: December 2010
Publisher: CAMBRIDGE UNIV PR
Country of Publication: GB
Dimensions (cm): 22.9 x 15.4  x 1.7
Weight (kg): 0.428

Earn 119 Qantas Points
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