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The Philosophical Foundations of Extraterritorial Punishment$
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Alejandro Chehtman

Print publication date: 2010

Print ISBN-13: 9780199603404

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199603404.001.0001

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Legitimate Authority and Extraterritorial Punishment

Legitimate Authority and Extraterritorial Punishment

Chapter:
(p.140) 6 Legitimate Authority and Extraterritorial Punishment
Source:
The Philosophical Foundations of Extraterritorial Punishment
Author(s):

Alejandro Chehtman

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199603404.003.0007

This chapter provides a theory of legitimate authority to try offenders. It applies Joseph Raz's service conception of authority to the question of what conditions a given body should meet in order to claim, itself, the power to punish an offender. This approach enable the chapter to conduct a philosophical examination of certain charges often raised against extraterritorial prosecutions, such as ‘show trials’, victor's justice, ‘clean hands’, tu quoque, and trials in absentia or against defendants who have been abducted abroad. It ultimately argues that although some of these considerations might undermine a particular state holding the authority to punish a given offender, they are all unrelated to the fact that it purports to punish an offender extraterritorially. In other words, it submits that although the argument for a given body's authority is necessary in order to provide a complete justification for this body holding the power to punish an offender, it is conceptually and normatively mistaken to consider these obstacles as objects to extraterritoriality itself.

Keywords:   authority, service conception, courts, moral standing, victors' justice, tu quoque, show trials, trials in absentia, abductions, extraterritoriality

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