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Transforming International Criminal Justice (Hardcover)
Loot Price: R3,920
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Transforming International Criminal Justice (Hardcover)
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This book sets out an agenda to transform international criminal
trials and the delivery of international criminal justice to victim
communities through collaboration of currently competing paradigms.
It reflects a transformation of thinking about the comparative
analysis of the trial process, and seeks to advance the boundaries
of international criminal justice through wider access and
inclusivity in an environment of rights protection.Collaborative
justice is advanced as providing the future context of
international criminal trials. The book's radical dimension is its
argument for the harmonization of restorative and retributive
justice within the international criminal trial. The focus is
initially on the trial process, a key symbol of developing
international styles of justice. It examines theoretical models and
political applications of criminal justice through detailed
empirical analysis, in order to explore the underlying relationship
of theory and empirical study, applying the outcome in theory
testing and policy evaluation in several different jurisdictions.
The book injects a significant comparative dimension into the study
of international criminal justice.This is achieved through
searching the traditional foundations of internationalism in
justice by employing an original methodology to enable a
multi-dimensional exploration of contexts (local, regional and
global), so recognising the importance of difference within an
agenda suggesting synthesis.The book argues for a concept of
international trial within a 'rights paradigm', understood against
different procedural traditions and practices, and provides a
detailed description of trials and trial decision-making in various
jurisdictions. Transforming International Criminal Justice also
sets out to develop effective research strategies as part of its
interrogation of specific trial narratives and meanings in
contemporary legal cultures. Key themes are those of
internationalisation, fair trial and the exercise of discretion in
justice resolutions (sentencing in particular), and the
lay/professional relationship and its dynamics. Finally, the book
provides a searching critique of the relevance of existing
criminology and legal sociology in relation to international
criminal justice, and speculates on trial transformation and the
merger of retributive and restorative international criminal
justice. comparative analysis of the criminal trial process
internationallyargues for harmonization of retributive and
restorative justice within the international criminal trialsets out
an agenda to transform international criminal trials and the
delivery of international criminal justice to victim communities
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