The Making of Global Legal Culture and International Criminal Law

被引:9
作者
Campbell, Kirsten [1 ]
机构
[1] Univ London Goldsmiths Coll, Dept Sociol, London SE14 6NW, England
关键词
international criminal justice; international criminal law; legal culture; sexual violence; war crimes; COMMON;
D O I
10.1017/S0922156512000696
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
It is commonly agreed that international criminal law (ICL) is a 'hybrid' legal culture, which mixes the legal traditions of the common law and civil law. However, the precise nature of this legal culture remains a contentious legal and theoretical issue. The paper identifies the two dominant models of ICL within these debates as either a clash of cultures or a sui generis system, and shows how neither satisfactorily engages with the concept of legal culture itself. To address this problem, the paper develops a new account of ICL as a global legal culture. The paper first identifies the distinctive 'cultural logic' of ICL, drawing on the example of recent developments in sexual violence offences. It then examines how ICL takes a global legal form, which 'globalizes' liberal legal culture. Finally, the paper shows how this process of making the legal culture of ICL 'global' creates its cultural contradictions, but also enables the possibility of making a new legal culture at the international level.
引用
收藏
页码:155 / 172
页数:18
相关论文
共 72 条
[1]  
[Anonymous], HUMAN RIGHTS IN INTE
[2]  
[Anonymous], LAW AND MARXISM A GE
[3]  
[Anonymous], COMPARATIVE LEGAL ST
[4]  
[Anonymous], CRIME REASON AND HIS
[5]  
[Anonymous], AN INTRODUCTION TO I
[6]  
[Anonymous], WAR CONFLICT AND HUM
[7]  
[Anonymous], PROBLEMS IN MATERIAL
[8]  
[Anonymous], THEORY JUSTICE
[9]  
[Anonymous], IT WOULDNT JUST HAPP
[10]  
[Anonymous], FROM APOLOGY TO UTOP