The mirage of international criminal law : Kant's metaphysics of mens rea / by Farhad Malekian.

Format:

Book

Author/Creator:

Malekian, Farhad, author.

Language:

English

Subjects (All):

Kant, Immanuel, 1724-1804.

Kant, Immanuel.

United Nations. Security Council.

United Nations.

International criminal law--Moral and ethical aspects.

International criminal law.

Physical Description:

1 online resource (227 pages)

Edition:

1st ed.

Place of Publication:

Newcastle upon Tyne, UK : Cambridge Scholars Publishing, 2018.

Summary:

This book explores, from various perspectives, Kant's codex of the categorical imperative and the supreme principle of morality in juxtaposition with the monopolisation of the rules of international criminal law. Kant's reference to the term 'propensity to evil in human nature' is a much more serious iniquity universally in the nature of the Security Council than the concepts of a mens rea and actus reus in criminal law. His decisive warning foreshadows that the inclinations towards self-interest, self-love, and intent in collective mens rea within the resolutions of the Security Council prevent states from striving towards the supreme maxim of a genuine international moral worth. The idea of international criminal law is, thus, viewed as a 'mirage'. Essentially, certain rules of the United Nations Charter, the system of international criminal justice, human rights law, and humanitarian law, like a fata morgana, are crucial if unattainable. The permanent members of the Security Council are deceiving the world by propagating a variety of excuses with the core objective of economic gain. This book will be of interest to anyone enthusiastic about positive law, the nature of criminal justice, classical moral philosophy, politics, and economics.

Contents:

Intro

Table of Contents

Introduction

Chapter I

1. The Mirage of the Rule of the Law

2. Reaching the Definition of Mirage

3. Illusion of Mens Rea in Justice

4. Knowing Iniquity on Kant's Mens Rea

5. Publicists Missing Kant's Theory of Mens Rea

6. Moral Faculty of Judgment

7. Divorcing from Criminal Justice

8. The Existence of Non-Existence

9. Kant's Dimension of Predicate Existence

10. Kant Awakening the Complex Form of Fata Morgana

11. Inclination in Mens Rea

12. Lawful and Unlawful Mens Rea

Chapter II

1. Introduction

2. Autonomous Beings

3. Heteronomy in International Criminal Law

4. Morality Equating Freedom

5. Motives Endangering Morality

6. Supreme Principle of Morality

7. Connections between Reason and Morality

8. Ground Reason Effecting Will and Duty

9. The Concept of the Categorical Imperative

10. False Maxim Against the Categorical Imperative

11. Formula of Humanity in the Categorical Imperative

Chapter III

1. Evilness of Unequal Treaties

2. The Den of Iniquity in the United Nations

3. Conditional Value of the Security Council

4. Resolutions of the Security Council and Bare Reason

5. Kantian Objections to the Security Council's Morals

6. Chapter VII of the Charter against Kant's Metaphysics

7. Morality in Comic Maxims

8. Kant Rejecting the Bad Maxim

9. Security Council Preventing Proper Choices

Chapter IV

1. Self-Love

2. Transparency in Kant's Philosophy

3. Non-Subjective Position of Morality

4. Accurate Treatment of Human Morality

5. Religion within the Bounds of Bare Reason

6. Substance of a Maxim

7. Self-Interest Violating the Principle of Love for Justice

8. Blessing Radical Evil

9. Stabilizing the Notion of Morality

10. Moral Culpability in the Security Council.

11. Radical Evil Facing Radical Terror

12. Physical Evil and Criminal Conduct

13. Mens Rea Assimilating to Radical Evil in the Security Council

14. Mental Inclination to Mens Rea

15. The Art of Preventing Radical Evil

16. The Notion of Evil Resolutions

17. Mens Rea Occupying the Supreme Principle of Morality

18. The Security Council Departing from Morality

Chapter V

1. Violation of the Principle of Morality

2. Rights of Man beyond Radical Evil

3. Dissenting to the Justice of Force

4. Illusions of Bad Maxims

5. The Mirage of Accusation

6. Bad Maxim Causing Serious Violations

7. Conspiracy Behind the Evil Morality

8. Underlying Reasons for a Good or Bad Maxim

9. The Mirage of Conceptualising a Maxim - Good for Bad

10. Hiding the Evil Intentions of Resolutions

11. Irrationality Violating Reason

12. The Gist of Irrational Morality

13. Circumventing Justice with the Evil Mirage

14. Show Mirage of Justice

15. Permission to Invade by Evil Maxims

16. Evil Maxims Beyond any Limit

Chapter VI

1. Monopolization of Evil Maxims

2. Supporting Minor Victims with Metaphysics of Morals

3. Fata Morgana Against Minors' Rights

4. Good Will Stemming from Duty

5. Kant Condemning Evilness Against Minors

6. Edifying Kant's Philosophy of Justice

Chapter VII

Appendix

Bibliography

Index.

Notes:

Description based on print version record.

ISBN:

1-5275-1790-X

OCLC:

1055512992