Pub Date : 2020-04-13DOI: 10.1093/oso/9780198786153.003.0007
Margaret M. deGuzman
Gravity is a central concept—often the central concept—that international criminal courts invoke in justifying sentencing decisions. This chapter shows that international sentencing decisions frequently invoke gravity in inconsistent and unexplained ways, thereby detracting from the legitimacy of such decisions. It argues that gravity as a sentencing criterion at international courts ought to be conceptualized in relation to the goals of punishment that are most appropriate for those institutions. It proposes a utilitarian theory of global sentencing that centers crime prevention, especially through deterrence and norm expression, and rejects retribution and harsh punishment. The goal should be to achieve the most deterrence and expressive prevention possible at the lowest cost.
{"title":"Sentencing","authors":"Margaret M. deGuzman","doi":"10.1093/oso/9780198786153.003.0007","DOIUrl":"https://doi.org/10.1093/oso/9780198786153.003.0007","url":null,"abstract":"Gravity is a central concept—often the central concept—that international criminal courts invoke in justifying sentencing decisions. This chapter shows that international sentencing decisions frequently invoke gravity in inconsistent and unexplained ways, thereby detracting from the legitimacy of such decisions. It argues that gravity as a sentencing criterion at international courts ought to be conceptualized in relation to the goals of punishment that are most appropriate for those institutions. It proposes a utilitarian theory of global sentencing that centers crime prevention, especially through deterrence and norm expression, and rejects retribution and harsh punishment. The goal should be to achieve the most deterrence and expressive prevention possible at the lowest cost.","PeriodicalId":126815,"journal":{"name":"Shocking the Conscience of Humanity","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114512777","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2020-04-13DOI: 10.1093/oso/9780198786153.003.0008
Margaret M. deGuzman
This book has examined the legal and theoretical bases for the often-cited claim that international criminal law addresses crimes of such gravity that they “shock the conscience of humanity.” It has argued that gravity as a justifying rationale is undertheorized and that the lack of consensus about the meaning of gravity undermines the legitimacy of the international criminal law regime. Addressing each of the decision-making contexts in which gravity plays an important role, the book has set forth proposals to operationalize the concept in ways that promise to better promote the regime's legitimacy. The book has suggested that for global institutions such as the international criminal court, gravity should be a function of global community values and goals, in particular, the value of promoting and protecting human dignity. It has advocated an inclusive dialogic process for identifying the particular values and goals associated with human dignity that ought to be given priority in each decision-making context in order to ensure that international criminal law serves as an effective tool of global crime prevention.
{"title":"Conclusion","authors":"Margaret M. deGuzman","doi":"10.1093/oso/9780198786153.003.0008","DOIUrl":"https://doi.org/10.1093/oso/9780198786153.003.0008","url":null,"abstract":"This book has examined the legal and theoretical bases for the often-cited claim that international criminal law addresses crimes of such gravity that they “shock the conscience of humanity.” It has argued that gravity as a justifying rationale is undertheorized and that the lack of consensus about the meaning of gravity undermines the legitimacy of the international criminal law regime. Addressing each of the decision-making contexts in which gravity plays an important role, the book has set forth proposals to operationalize the concept in ways that promise to better promote the regime's legitimacy. The book has suggested that for global institutions such as the international criminal court, gravity should be a function of global community values and goals, in particular, the value of promoting and protecting human dignity. It has advocated an inclusive dialogic process for identifying the particular values and goals associated with human dignity that ought to be given priority in each decision-making context in order to ensure that international criminal law serves as an effective tool of global crime prevention.","PeriodicalId":126815,"journal":{"name":"Shocking the Conscience of Humanity","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131086124","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：