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Full-Text Articles in Criminal Law
Criminal Law In A World Of States, Ryan Liss
Criminal Law In A World Of States, Ryan Liss
Michigan Journal of International Law
In recent decades, a new school of criminal law theory has emerged. Its proponents reject the traditional story that criminal law ought to be justified on either retributivist or utilitarian grounds alone. Instead, they argue that justifications for criminal law must be rooted in a broader political theory of the state’s authority. While this political theory turn is becoming increasingly dominant in the literature, it gives rise to two significant challenges that scholars have thus far failed to recognize. These challenges emerge when we turn our attention from an internal, domestic view of the state to the world beyond its …
Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L.
Cedaw And Transformative Judicial Obligations: The Vulnerable Migrant Domestic Worker And Root Causes Of Abuse, Cheah W. L.
Michigan Journal of International Law
CEDAW’s transformative provisions, which require states to address root causes of injustice and discrimination, can be made more effective not only through legislation and policy, as commonly argued, but through the judiciary. This article highlights the need to develop the content and implementation of transformative judicial obligations under CEDAW through a comparative study of judicial decisions on the abuse of female MDWs in three key MDW destinations that are party to CEDAW—Hong Kong, Singapore, and Malaysia. By engaging with scholarship on CEDAW’s positive obligations, transformative equality, and theories of adjudication, this article argues that criminal law courts should not only …