Hannah Arendt as a Theorist of International Criminal Law
Bibliographic Data
| ID | 12822174 |
|---|---|
| Authors | David J Luban (Georgetown University, corresponding author) |
| Year | 2011 |
| Volume | 11 |
| Issue | 3 |
| Pages | 621-641 |
| Publication date | 2011-01-01 |
| Open Access | No |
| Type | ARTICLE |
| Venue | International Criminal Law Review (JOURNAL) |
| Journal identifiers | ISSN: 1567-536X • E-ISSN: 1571-8123 |
| Publisher | Brill (PUBLISHER • NL) |
| DOI | 10.1163/157181211x576465 |
| OpenAlex | W2164970655 |
| Language | EN |
| Citations received | 8 |
The guilt of Nazi war criminal, Adolf Eichmann, has long been settled. However, during the trial and for years after, Hannah Arendt questioned the legal theories upon which the Jerusalem court relied. Part 1 of this article discusses how Arendt was uncertain about the use of precedent to judge unprecedented acts. Part 2 concerns the logic of proving Eichmann's culpable mental state when he came from a culture where morality had been turned on its head. Part 3 reveals Arendt's struggle with the rationale for universal jurisdiction as well as her unconventional understanding of 'territory'. Part 4 deals with Arendt's views on group affiliation and how those views informed her definition of 'genocide'. Finally, Part 5 details Arendt's most famous writings on "the banality of evil" and how Eichmann was found guilty, not for succumbing to immoral temptation or being a depraved deviant, but instead for conscientiously observing the flawed mores of the Third Reich. While Arendt ultimately supported Eichmann's conviction, her concerns surrounding the trial raise questions that are still relevant today
Crimes against humanity · Criminal law · Criminology · Epistemology · Genocide · Honor · Humanity · International law · Jurisdiction · Mens rea · Performative utterance · Political philosophy · Political science · Politics · Relation (database · Sociology · War crime · Hannah Arendt's Political Philosophy · International Law and Human Rights · Law · Philosophy · War, Ethics, and Justification
Integrating “storytelling” as a method in judicial processes?
International Criminal Justice Between Scylla and Charybdis—the “Peace Versus Justice” Dilemma Analysed Through the Lenses of Judith Shklar’s and Hannah Arendt’s Legal and Political Theories
The International Criminal Trial as a Site for Contesting Historical and Political Narratives
Against obedience
Giving Evil Its Due Judith Shklar’s (Ambiguous) Cosmopolitan Realism and World Politics
Jewishness and jurisgenesis
A Sea‐Change for (International) Legal Theory
Carl Schmitt Reads Hannah Arendt's Eichmann in Jerusalem
| Citations per year | 0.62 |
|---|---|
| Citation span | 2013 - 2022 (10) |
| Highly cited | No |