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An Outline for a Combined Meso Preventive Theory of International Punishment
from Part II - Rationales for Punishment in International Criminal Law: Theoretical Perspectives
Published online by Cambridge University Press: 07 February 2020
Andreas Werkmeister develops a combined meso preventive theory of international punishment. The underlying perspective of his theory is the legitimacy vis-a-vis the individual and the concept of human dignity is the foundational core. As a result, he highlights the limiting principles of punishment inherent to any punishment theory irrespective of its main purpose. After discussing problems with retribution and expressivism, he argues that a combination of different preventive theories provides for a suitable model for the justification of international punishment. Werkmeister differentiates between macro-, meso- and micro-levels, and makes an argument for targeted meso prevention. This way, the offender is punished to deter others, but is addressed as member of a case-specific transnational group. This way, Werkmeister develops a new form of prevention between special and general prevention.
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