Global Justice and Due Process

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The idea of due process of law is recognised as the cornerstone of domestic legal systems, and in this book Larry May makes a powerful case for its extension to international law. Focussing on the procedural rights deriving from Magna Carta, such as the rights of habeas corpus (not to be arbitrarily incarcerated) and nonrefoulement (not to be sent to a state where harm is likely), he examines the legal rights of detainees, whether at Guantanamo or in refugee camps. He offers a conceptual and normative account of due process within a general system of global justice, and argues that due process should be recognised as jus cogens, as universally binding in international law. His vivid and compelling study will be of interest to a wide range of readers in political philosophy, political theory, and the theory and practice of international law.

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Editorial Reviews

From the Publisher
"...thesis is well argued with many references to political, legal, and philosophical developments.... Recommended..."
—D.P. Forsythe, emeritus, University of Nebraska, Choice

"...Larry May has made a significant contribution to the legal literature in this book, which focuses not only on Guantanamo and the denial of certain human rights that have taken place there, but rather takes that situation as a point of departure for a wider-ranging discussion.... The text is indeed rich in references to historical and contemporary laws, both domestic and international, notable scholars and lawyers, as well as numerous philosophical concepts and legal theories... presents many theories, ideas, and concepts, which intersect and overlap throughout the book, and for a reader who may be more familiar with international law than legal philosophy, such as this reviewer, the text may prove challenging occasionally... a text that will undoubtedly generate further debate amongst those with an interest in legal philosophy, human rights, and international law."
—Shane Darcy, National University of Ireland, Galway, Social Theory and Practice

"...Global Justice and Due Process covers an impressive range of theoretical issues in a little over two hundred pages, including the nature of the value of the rule of law, the historical origins of the Magna Carta, and the conditions needed for a norm to be recognized as jus cogens... an excellent book, tackling a new philosophical question in a clear, well argued, and original manner."
—Colleen Murphy, University of Illinois at Urbana-Champaign, Journal of Moral Philosophy

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Product Details

  • ISBN-13: 9780521762724
  • Publisher: Cambridge University Press
  • Publication date: 1/31/2011
  • Pages: 260
  • Product dimensions: 6.10 (w) x 9.00 (h) x 0.70 (d)

Meet the Author

Larry May is the W. Alton Jones Professor of Philosophy at Vanderbilt University and Professorial Fellow at the Centre for Applied Philosophy and Public Ethics at Charles Sturt and Australian National Universities. He is the author of Crimes Against Humanity: A Normative Account (Cambridge University Press, 2005), War Crimes and Just War (Cambridge University Press, 2007), Aggression and Crimes against Peace (Cambridge University Press, 2008) and Genocide: A Normative Account (Cambridge University Press, 2010). He is also the editor of International Criminal Law and Philosophy (Cambridge University Press, 2009).

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Table of Contents

1. Introduction: understanding global procedural justice; Part I. Procedural Rights and Magna Carta's Legacy: 2. Magna Carta and the interstices of procedure; 3. The nature and value of procedural rights; 4. International law and the inner morality of law; Part II. Habeas Corpus and Jus Cogens: 5. Habeas corpus as a minimalist right; 6. Due process, judicial review, and expanding habeas corpus; 7. Habeas corpus as jus cogens in international law; Part III. Deportation, Outlawry and Trial by Jury: 8. Collective punishment and mass confinement; 9. Non-refoulement and rendition; 10. The right to be subject to international law; Part IV. Security and Global Institutions: 11. Alternative institutional structures; 12. Global procedural rights and security.

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