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The Tokyo International Military Tribunal - A Reappraisal$
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Neil Boister and Robert Cryer

Print publication date: 2008

Print ISBN-13: 9780199278527

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199278527.001.0001

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The Tokyo IMT and Legal Philosophy

The Tokyo IMT and Legal Philosophy

Chapter:
(p.271) 10 The Tokyo IMT and Legal Philosophy
Source:
The Tokyo International Military Tribunal - A Reappraisal
Author(s):

Neil Boister

Robert Cryer

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199278527.003.0011

The Tokyo IMT is a rare example of open discussion about legal philosophy in a judicial context. This chapter discusses the open and avowed jurisprudential positions of the prosecution, defence, and various judges. The philosophical naturalism of the Prosecution, the largely positivistic approach to law of the defence is then contrasted with this. The Majority, Judge Pal, Judge Röling, and Judge Webb's approaches to jurisprudence are all appraised and placed in the context of other critiques of the philosophical and political approaches they took, in particular with respect to allegations of colonialism, vagueness, and cultural insensitivity.

Keywords:   natural law, positivism, colonialism, prosecution, defence, Judge Pal, Judge Röling

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