Imperative Philosophy of International Criminal Justice: Visible Power. Invisible Essence
English
By (author): Farhad Malekian
This book delivers a central and dynamic interpretation of the imperative philosophy of international criminal justice and how it struggles to defend the body of international human rights law. Understanding the fundamental philosophies of both legal disciplines reassures the promotion of the virtue of their norms. This work examines these basic philosophies by analysing them through the lens of the new terms: visible power and invisible essence. The former term addresses jus major provisions, while the latter reveals the substantive essence of the existence of the ethical virtues of both legal disciplines as subjects of unity. The invisible reasoning contains genuine imperative moral law and attempts to strengthen its visible framework by preventing autocratic law. The invisible platform of the system of international criminal justice should always remain imperative and it should not be compromised through new, domineering interpretations. The ethics of the procedures of the system of international criminal courts should not rest on the interpretation of visible provisions promoted through authoritarian impulsive rules, rather they should be based on whether or not the invisible pure jus imperative legal justice has been given sufficient weight in the judgements of courts. The coherent scale of the invisible moral essence should not be shattered by incoherent visible morality. Reading about these novel values with the new terms: criminalvisibilism and criminalinvisibilism, as coined by the author, is a must.
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