Bibliographic record
Abstract
In recent decades, a new school of criminal law theory has emerged. Its proponents reject the traditional story that criminal law ought to be justified on either retributivist or utilitarian grounds alone. Instead, they argue that justifications for criminal law must be rooted in a broader political theory of the state’s authority. While this political theory turn is becoming increasingly dominant in the literature, it gives rise to two significant challenges that scholars have thus far failed to recognize. These challenges emerge when we turn our attention from an internal, domestic view of the state to the world beyond its borders. First, the conception of the state at the heart of the leading political theory accounts of criminal law seems to sit in a vacuum. However, when we recognize that each political community exists in a world of states and persons beyond its boundaries, we begin to see that conditions external to the state might undermine the very possibility of the sort of state authority these accounts propose. Second, the political theory turn seems to pose an important challenge for international criminal law, which on the standard account is viewed to be unconnected to any particular political community. If the justification for criminal law must be anchored in a political theory of the state, it is unclear how we could ever justify instances of criminal law that seem to be untethered from a state. In this Article, I argue that these two challenges have a common solution, which comes into view when we rethink the standard picture of international criminal law. Far from being untethered from the state, international criminal law is deeply connected to the state; indeed, international criminal law functions to secure a particular form of the system of states. And in doing so, international criminal law upholds the global conditions necessary for the state as conceived by this new line of criminal law theorists to function. With this perspective, international criminal law no longer seems like an outlier to a political theory of criminal law, but rather a necessary precondition for it. And the vision of the state at the heart of the political theory accounts no longer seems detached from the world beyond its borders, but rather is a constituent part of a global system of states, each acting to maintain that system.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.002 | 0.004 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.002 | 0.002 |
| Science and technology studies | 0.008 | 0.027 |
| Scholarly communication | 0.014 | 0.013 |
| Open science | 0.001 | 0.006 |
| Research integrity | 0.004 | 0.006 |
| Insufficient payload (model declined to judge) | 0.008 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".