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Global Justice and Due Process - Larry May

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Global Justice and Due Process

Name: Global Justice and Due Process
Brand: Cambridge University Press
Price: 57.95 AUD

By: Larry May

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Paperback | 1 December 2010

At a Glance

Paperback
270 Pages

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22.7 x 15.4 x 1.3

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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

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You Can Find This Book In

Non-Fiction Philosophy Social & Political Philosophy Law Jurisprudence & General Issues International Law Settlement of International Disputes International Courts & Procedures Politics & Government Political Science & Theory

Acknowledgements	p. viii
Introduction: understanding global procedural justice	p. 1
Magna Carta's procedural rights	p. 4
The infirmity of international law	p. 6
International outlaws, detainees, and the Stateless	p. 8
Procedural justice and the international rule of law	p. 11
Summary of the arguments of the chapters in this book	p. 14
Procedural Rights and Magna Carta's Legacy
Magna Carta and the interstices of procedure	p. 21
Magna Carta and its twelfth-century background	p. 22
Preconditions for the rule of law	p. 26
Parallels between Magna Carta and international law	p. 30
Future directions for the development of international law	p. 34
Objections	p. 37
The nature and value of procedural rights	p. 43
Nowheresville and Guantanamo	p. 44
Distinguishing procedural and substantive rights	p. 47
Instrumental and intrinsic value of procedures	p. 52
International procedural rights	p. 57
Objections	p. 60
International law and the inner morality of law	p. 66
Hart on international law	p. 67
Fuller on procedural natural law	p. 72
Fundamental procedural rights	p. 75
Habeas corpus and international law	p. 78
Objections and replies	p. 80
Habeas Corpus and 'Jus Cogens'
Habeas corpus as a minimalist right	p. 87
Habeas corpus and the value of procedural rights	p. 88
The deterrence argument	p. 90
The disappeared argument	p. 93
The torture argument	p. 95
The Ring of Gyges	p. 98
The principle of visibleness	p. 100
Due process, judicial review, and expanding habeas corpus	p. 104
Problems with minimalist habeas corpus	p. 104
Due process of law	p. 107
Judicial review and habeas corpus	p. 109
Assessing the role of judicial review	p. 114
Global due process	p. 117
Habeas corpus as jus cogens in international law	p. 120
The idea of jus cogens norms	p. 120
Jus cogens and equity	p. 126
Arbitrary incarceration in European human rights law	p. 130
The Inter-American Commission on Human Rights	p. 133
David Hicks and the MV Tampa	p. 137
An objection	p. 140
Deportation, Outlawry, and Trial By Jury
Collective punishment and mass confinement	p. 145
Collective responsibility and punishment	p. 146
The Just War tradition and international law	p. 150
Collective liability and confinement	p. 154
Refugee detention and equity	p. 156
Objections	p. 160
Non-refoulement and rendition	p. 164
The problem of ôvicarious dirty handsö	p. 165
What is non-refoulement?	p. 168
Non-refoulement as a jus cogens norm	p. 172
Expanding the scope of non-refoulement	p. 178
Objections	p. 180
The right to be subject to international law	p. 184
The concepts of outlawry and Statelessness	p. 185
Outlawry and Statelessness in international law	p. 189
Being a subject of international law	p. 191
Trial by jury	p. 193
Citizens of what?	p. 197
Security and Global Institutions
Alternative institutional structures	p. 205
A world court of equity	p. 206
Global administrative law	p. 210
Enhancement of international human right institutions	p. 213
A progressive development of alternatives	p. 215
Due process institutions	p. 217
Global procedural rights and security	p. 221
Human rights, peace, and security	p. 222
Conflicts between security and rights	p. 225
Linking the rights of Magna Carta	p. 230
Bibliography	p. 235
Index	p. 244
Table of Contents provided by Ingram. All Rights Reserved.

Global Justice and Due Process

At a Glance

Paperback

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