Orchestrating diversity in international criminal justice / Farhad Malekian.
By: Malekian, Farhad [author.]
Language: English Series: Law, crime and law enforcementPublisher: New York : Nova Science Publishers, Inc., [2021]Description: 1 online resourceContent type: text Media type: computer Carrier type: online resourceISBN: 9781685072223Subject(s): International criminal law -- Philosophy | Cultural pluralismGenre/Form: Electronic books.DDC classification: 345/.001 LOC classification: KZ7000 | .M35 2021Online resources: Full text available at EBSCOhost Click here to viewItem type | Current location | Home library | Call number | Status | Date due | Barcode | Item holds |
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EBOOK | COLLEGE LIBRARY | COLLEGE LIBRARY | 345/.001 (Browse shelf) | Available |
Includes bibliographical references and index.
Enlightenment through pluralism -- The borderline of international criminal diversity -- Challenges against pluralism -- Orchestrating pluralist criminal justice -- Pluralist classification of international criminal justice -- Margin of appreciation of criminal justice -- Disputing over mutual riminal justice -- Common values of criminal justice.
"The scope of criminal justice has to include the body of equal norms which have to be protected. The basic elements of authoritarianism, universality, complementarity, and pluralism should not be employed by superior powers and enforced within the procedures and values of our criminal charter. A pure criminal jurisdiction ought to have its own independent honour and its own unified diverse values including: righteousness, innocence, virtue, honesty, and the preservation of objectivity in legal judgments. At the same time, the notion of diversity should not create an artificial equality in place of authentic, dynamic protection. It is of no essential significance which criminal justice measures are exercised by a court if the rulings of the court are based on clear evidence, and most importantly, if the court has not granted immunity for major criminals through impunity as a result of corrupt proceedings. It is the independent character of criminal justice which earns it its high level of respect. The existence of pure values is the natural and essential requirement for a court and allows it to be qualified as a body with ethical and moral character. A court should not be run through the threat of force or through monopolisation, but rather with trust. Furthermore, the courts are morally required to resist enmeshing themselves in the authoritarian exploitation of criminal justice. Working towards this goal should be imperative in the mechanism of criminal jurisprudence. This is the most plausible method for decreasing the number of victims of core international crimes and achieving pluralist values of diversity"-- Provided by publisher.
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