Incitement on trial : prosecuting international speech crimes

목차 (Table of Contents)

• CONTENTS
• List of Figures = x
• Acknowledgements = xi
• 1 Inciting Speech in International Law and Social Science = 1
• 1.1 Criminal Accountability for Inciting Speech = 1
• 1.2 The Rigors of Prosecuting Speech Crimes at International Tribunals = 7
• 1.3 Social Science, Part Ⅰ : Understanding the Legal Process = 12
• 1.4 Social Science, Part Ⅱ : Studying the Effects of Inciting Speech = 16
• 1.5 Defining the Terms = 19
• 1.6 The Role of Social Science in Law : Concluding Remarks = 22
• 2 Direct and Public Incitement to Commit Genocide : An Inchoate Crime = 25
• 2.1 Introduction = 25
• 2.2 The Legacy of Nuremberg = 26
• 2.3 Direct and Public Incitement to Commit Genocide at the ICTR = 34
• 2.4 Reverse Engineering Specific Intent from Consequences = 44
• 2.5 The "Ghost of Causation" in International Speech Crimes Cases = 49
• 2.6 The Nature of the Utterance Itself : Incitement and Austin's Theory of Speech Acts = 56
• 2.7 Causation in Completed Speech Crimes = 67
• 3 Causation in International Speech Crimes = 71
• 3.1 Introduction = 71
• 3.2 Causation in Anglo-American Criminal Law = 72
• 3.3 Causation in International Criminal Law = 79
• 3.4 Cause and Effect Beyond a Reasonable Doubt = 89
• 3.5 How International Law Knows About Causes = 97
• 4 Instigating Persecution : The Prosecution Case Against Vojislav Seselj = 100
• 4.1 Introduction = 100
• 4.2 Instigating Crimes Against Humanity = 101
• 4.3 Cirque du Seselj = 107
• 4.4 The Prosecution Case Against Vojislav Seselj = 115
• 4.5 Closing Arguments = 126
• 4.6 The Trial Chamber Judgment in Seselj = 132
• 4.7 Reflections on Law, Science and Causation = 137
• 5 Metaphors, Agency and Mental Causation in Speech Crimes Trials = 147
• 5.1 Introduction = 147
• 5.2 Metaphorical Language in Speech Crimes Cases = 149
• 5.3 When Juliet Is Stormy : Law's Ambivalence Towards Metaphors = 152
• 5.4 Metaphors and Cognitive Schemas = 159
• 5.5 The Sequence of Mental and Physical Causation in Speech Crimes = 165
• 5.6 Agency, Intervening Causes and Multiple Causation = 171
• 6 Social Research in International Speech Crimes Trials = 179
• 6.1 Introduction = 179
• 6.2 Experts in the International Criminal Courtroom = 181
• 6.3 An Enhanced Translation Service : Language Expertise at the International Tribunal for Rwanda = 189
• 6.4 Judicial Gatekeeping and the Propaganda Expert = 198
• 6.5 Prosecutors and Defense Attorneys on Social Researchers = 208
• 6.6 Common Sense and Judicial Gatekeeping = 213
• 6.7 The Ever-Elusive Holistic Approach to Speech = 220
• 7 The Social Science of Inciting Speech and Persuasion = 223
• 7.1 Introduction = 223
• 7.2 Ethos, Pathos and Logos : The Social Science of Persuasive Speech = 225
• 7.3 The Distinctive Effects of Different Kinds of Political Speech = 234
• 7.4 Findings on the Psychological Effects of Speech : US Population = 239
• 7.5 Findings on the Psychological Effects of Speech : Serbian Population = 241
• 7.6 Revenge Speech, Culture and Indirect Causation = 244
• 8 A New Model for Preventing and Punishing International Speech Crimes = 248
• 8.1 Introduction = 248
• 8.2 Inchoate Speech Crimes and the Promise of Prevention = 249
• 8.3 Inchoate Speech Crimes Through the Lens of Social Science = 260
• 8.4 Infelicitous Modes of Liability for Completed Speech Crimes : Co-perpetration, JCE, Instigating／Inducing and Soliciting = 265
• 8.5 Felicitous Modes of Liability for Completed Speech Crimes Ⅰ : Ordering = 277
• 8.6 Felicitous Modes of Liability for Completed Speech Crimes Ⅱ : Aiding and Abetting = 282
• 8.7 Causation, Intention and Risk in Accessory Liability = 286
• 8.8 Towards a Contextual Jurisprudence = 299
• Appendices = 305
• Bibliography = 315
• Index = 340