
"The Transnational Legal Ordering of Criminal Justice Ely Aaronson and Gregory Shaffer I. Introduction Criminal justice, conventionally understood, is a system of legal norms and institutions that govern the exercise of the state's monopoly over the legitimate use of violence (Weber 1948: 78). This claim to monopoly is grounded in an assumption that nation-states are the ultimate providers of the public goods criminal law is to deliver - the maintenance of civic order, the protection of individuals against violence, the reinforcement of society's fundamental values, and the meting out of 'just deserts' to culpable offenders (du-Bois, Ulvang, and Asp 2017). It also resonates with the Westphalian principle that restricts other states from intervening in matters that are essentially within a state's domestic jurisdiction.1 As David Nelken (2011: 194) writes, "criminal law continues to be a powerful icon of sovereign statehood.""--
Page Count:
288
Publication Date:
2020-01-01
ISBN-10:
1108873995
ISBN-13:
9781108873994
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