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Classical Morality in International Peremptory Criminal Law
Farhad Malekian
出版
Cambridge Scholars Publishing
, 2018-10-09
主題
Law / Criminal Law / General
Law / International
ISBN
1527518264
9781527518261
URL
http://books.google.com.hk/books?id=VSlyDwAAQBAJ&hl=&source=gbs_api
EBook
SAMPLE
註釋
This book begins with the belief that, if a moral principle cannot be identified in the language of the law, if law is not underpinned by a moral understanding of the norm, if the moral accusation is not attached to the violations of certain indispensable norms of the law, then we are violating the peremptory character of the universality of the moral law. The book vicariously objects to any dispute for the advantage of the impunity of those who have cruelly contravened the corpus juris of international peremptory criminal law. What justifies the law in recognizing certain principles as peremptory derives from the highest genetic merit for the international human community as a whole. Here, the term ‘peremptory’, for classical morality, is seen to encompass love for the spirit of truth, for the strength of equality of arms and for the reaffirmation of the value of the essence of man where its infringements violate the indispensable universal rights of nature. This is regardless of whether its perpetrators are Western or non-Western.