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This book demonstrates that art is implicit in the process of administration of international justice. The diverse nature of recent global threats as well as an overwhelming pull towards isolationism and nationalism challenge the dominant deterrence paradigm of international governance created in the aftermath of the Second World War. An alternative model is to focus on cooperation, and not deterrence, as a guiding operational principle.
This volume focuses on the theoretical component linking justice with aesthetics as well as on the practical manifestation of such connection evident, inter alia, in the rhetoric of international courts, their architectural design and their commemorative practices expressed by the practice of symbolic reparations adopted by some of the courts. The underlying premise of the book is that international justice requires new vocabulary and new approaches, which can be derived from the study of aesthetics. It is held that exploring the aesthetical dimension of international justice contributes to the discussion on the foundations of its authority and the grounds for compliance with it. The work engages deeply with the theory of aesthetics developed by Immanuel Kant and Abhinavagupta, a Kashmiri critic, philosopher and scholar writing in the early eleventh century.
The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice and International Law and International Relations.
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This book demonstrates that art is implicit in the process of administration of international justice. The diverse nature of recent global threats as well as an overwhelming pull towards isolationism and nationalism challenge the dominant deterrence paradigm of international governance created in the aftermath of the Second World War. An alternative model is to focus on cooperation, and not deterrence, as a guiding operational principle.
This volume focuses on the theoretical component linking justice with aesthetics as well as on the practical manifestation of such connection evident, inter alia, in the rhetoric of international courts, their architectural design and their commemorative practices expressed by the practice of symbolic reparations adopted by some of the courts. The underlying premise of the book is that international justice requires new vocabulary and new approaches, which can be derived from the study of aesthetics. It is held that exploring the aesthetical dimension of international justice contributes to the discussion on the foundations of its authority and the grounds for compliance with it. The work engages deeply with the theory of aesthetics developed by Immanuel Kant and Abhinavagupta, a Kashmiri critic, philosopher and scholar writing in the early eleventh century.
The book will be of interest to academics and researchers working in the areas of Legal Philosophy, International Criminal Justice and International Law and International Relations.
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The contributors discuss several points that each represent contemporary challenges to judging: analysis of judicial balancing of conflicting considerations; the nature of courts'' legitimacy and its alleged dependence on public support; the role of judges in upholding constitutional values in the times of transition to democracy, surveillance and the fight against terrorism; and the role of international judges in guaranteeing globally recognized fundamental rights and freedoms.
This book will be of interest to human rights scholars focusing on the issues of judicial oversight, as well as constitutional law scholars interested in comparative perspectives on the role of judges in different contexts. It will also be useful to national constitutional court judges, and law clerks aiming to familiarise themselves with judicial practices within other jurisdictions.
Contributors: A. Abat i Ninet, E. Afsah, C. Ayala, A. Barak, O. Bassok, D.T. Björgvinsson, W. Hoffmann-Riem, D. Hope, D. Jenkins, H. Krunke, TJ McIntyre, M. Scheinin, B. Tuzmukhamedov, G. Ulfstein, A. Usacka
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