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The Hidden Histories of War Crimes Trials

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ISBN: 9780199671144 Year: Pages: 464 DOI: 10.1093/acprof:oso/9780199671144.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Law
Added to DOAB on : 2013-12-06 22:31:34
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Abstract

Several instances of war crimes trials are familiar to all scholars, but in order to advance understanding of the development of international criminal law, it is important to provide a full range of evidence from less-familiar trials. This book therefore provides a comprehensive overview, uncovering and exploring some of the lesser-known war crimes trials that have taken place in a variety of contexts: international and domestic, northern and southern, historic and contemporary. It analyses these trials with a view to recognizing institutional innovations, clarifying doctrinal debates, and identifying their general relevance to contemporary international criminal law. At the same time, the book recognizes international criminal law's history of suppression or sublimation: What stories has the discipline refused to tell? What stories have been displaced by the ones it has told? Has international criminal law's framing or telling of these stories excluded other possibilities? And — perhaps most important of all — how can recovering the lost stories and imagining new narrative forms reconfigure the discipline?

Manifest Madness: Mental Incapacity in the Criminal Law

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ISBN: 9780199698592 Year: Pages: 307 DOI: 10.1093/acprof:oso/9780199698592.001.0001 Language: English
Publisher: Oxford University Press Grant: OAPEN-UK
Subject: Psychiatry --- Law --- Psychology
Added to DOAB on : 2013-09-21 22:37:34
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Whether it is a question of the age below which a child cannot be held liable for their actions, or the attribution of responsibility to defendants with mental illnesses, mental incapacity is a central concern for legal actors, policy makers, and legislators when it comes to crime and justice. Understanding the terrain of mental incapacity in criminal law is notoriously difficult; it involves tracing overlapping and interlocking legal doctrines, current and past practices including those of evidence and proof, and also medical and social understanding of mental order and incapacity. Bringing together previously disparate discussions on criminal responsibility from law, psychology, and philosophy, this book provides a close study of mental incapacity defences, analysing their development through historical cases to the modern era. It maps the shifting boundaries between normality and abnormality as constructed in law, arguing that ‘manifest madness’ — the distinct character of mental incapacity revealed by this interdisciplinary approach — has a broad significance for understanding the criminal law as a whole.

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