Journal Article

The Hazards of Interdisciplinary Pollination

Yoram Dinstein

in Journal of International Criminal Justice

Volume 7, issue 3, pages 517-520
Published in print July 2009 | ISSN: 1478-1387
Published online July 2009 | e-ISSN: 1478-1395 | DOI: http://dx.doi.org/10.1093/jicj/mqp043
The Hazards of Interdisciplinary Pollination

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The author criticizes the book by Fletcher and Ohlin, Defending Humanity: When Force is Justified and Why? on the grounds that in attempting to develop a new construct of ‘legitimate defence’ — through a fusion of notions of criminal law, international law and philosophy — it is merely creating confusion where ‘self-defence’ is concerned. The author argues that analogies from domestic law are not helpful, and valiant efforts to bring into the fold of ‘self-defence’ the controversial concept of ‘humanitarian intervention’ are not really successful.

Journal Article.  1627 words. 

Subjects: Criminal Law ; International Law

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