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Articles 1 - 3 of 3
Full-Text Articles in Law
On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman
On Universal Jurisdiction—Birth, Life And A Near-Death Experience?, Helena Gluzman
Bocconi Legal Papers
This paper investigates the topic of universal jurisdiction, ie the supranational prosecution and repression—without the necessity of a link between the accused and the prosecuting state—of crimes of such gravity and magnitude as to collide with certain core values accepted by the international community and transcending the peculiarity of national interests. The focus of the chapter is exactly to try and discern the scope of universal jurisdiction, distinguishing between the two different versions of universality theorized by contemporary authors: ‘conditional universal jurisdiction’, which requires the presence of the accused in the prosecuting state, and ‘absolute universal jurisdiction’, according to which …
American Oresteia: Herbert Wechsler, The Model Penal Code, And The Uses Of Revenge, Anders Walker
American Oresteia: Herbert Wechsler, The Model Penal Code, And The Uses Of Revenge, Anders Walker
All Faculty Scholarship
The American Law Institute recently revised the Model Penal Code's sentencing provisions, calling for a renewed commitment to proportionality based on the gravity of offenses, the "blameworthiness" of offenders, and the "harms done to crime victims." Already, detractors have criticized this move, arguing that it replaces the Code's original commitment to rehabilitation with a more punitive attention to retribution. Yet, missing from such calumny is an awareness of retribution's subtle yet significant role in both the drafting and enactment of the first Model Penal Code (MPC). This article recovers that role by focusing on the retributive views of its first …
Nuremberg And Crimes Against Peace, Henry T. King Jr.
Nuremberg And Crimes Against Peace, Henry T. King Jr.
Case Western Reserve Journal of International Law
No abstract provided.