Judith Shklar on the Philosophy of International Criminal Law

In: International Criminal Law Review
Samuel Moyn Professor of Law and History, Harvard University, Cambridge, MA, USA

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This article revives Judith N. Shklar’s Legalism (Harvard University Press, 1964) with an eye to its relevance to international criminal law today. It examines her general jurisprudential outlook, and critique of various prominent mid-century positions, before turning to her account of the Nuremberg Trials. Showing that her defense of those trials may fail, the article concludes by suggesting that the book’s failure may make it more relevant to the contemporary enterprise of international criminal law rather than less.

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