{"title":"史无前例的","authors":"G. Simpson","doi":"10.1093/oso/9780198829638.003.0002","DOIUrl":null,"url":null,"abstract":"In its judicial-doctrinal life, the establishment of an international criminal law has necessitated a sometimes half-hearted search for a history of largely inadequate ‘precedents’ in the context of the punishment of acts that are also said to be ‘unprecedented’ and in the shadow of a suspicion that the criminalization of such acts is itself ‘unprecedented’. Putting all of this together, we might say that what we have is a law of unprecedentedness to which it could be useful to apply a counter-history of unprecedents or unprecedenting or, even, re-precedenting. This idea of ‘unprecedents’ (a neologism that some people will be find unattractive), then, ought to make visible some pathologies, elisions, repressions, around—in one instance a possibility inherent in—international criminal law.","PeriodicalId":334015,"journal":{"name":"The New Histories of International Criminal Law","volume":"16 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2019-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"Unprecedents\",\"authors\":\"G. Simpson\",\"doi\":\"10.1093/oso/9780198829638.003.0002\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In its judicial-doctrinal life, the establishment of an international criminal law has necessitated a sometimes half-hearted search for a history of largely inadequate ‘precedents’ in the context of the punishment of acts that are also said to be ‘unprecedented’ and in the shadow of a suspicion that the criminalization of such acts is itself ‘unprecedented’. Putting all of this together, we might say that what we have is a law of unprecedentedness to which it could be useful to apply a counter-history of unprecedents or unprecedenting or, even, re-precedenting. This idea of ‘unprecedents’ (a neologism that some people will be find unattractive), then, ought to make visible some pathologies, elisions, repressions, around—in one instance a possibility inherent in—international criminal law.\",\"PeriodicalId\":334015,\"journal\":{\"name\":\"The New Histories of International Criminal Law\",\"volume\":\"16 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2019-03-21\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The New Histories of International Criminal Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/oso/9780198829638.003.0002\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The New Histories of International Criminal Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oso/9780198829638.003.0002","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
In its judicial-doctrinal life, the establishment of an international criminal law has necessitated a sometimes half-hearted search for a history of largely inadequate ‘precedents’ in the context of the punishment of acts that are also said to be ‘unprecedented’ and in the shadow of a suspicion that the criminalization of such acts is itself ‘unprecedented’. Putting all of this together, we might say that what we have is a law of unprecedentedness to which it could be useful to apply a counter-history of unprecedents or unprecedenting or, even, re-precedenting. This idea of ‘unprecedents’ (a neologism that some people will be find unattractive), then, ought to make visible some pathologies, elisions, repressions, around—in one instance a possibility inherent in—international criminal law.