St Andrews Research Repository

St Andrews University Home
View Item 
  •   St Andrews Research Repository
  • International Relations (School of)
  • International Relations
  • International Relations Theses
  • View Item
  •   St Andrews Research Repository
  • International Relations (School of)
  • International Relations
  • International Relations Theses
  • View Item
  •   St Andrews Research Repository
  • International Relations (School of)
  • International Relations
  • International Relations Theses
  • View Item
  • Login
JavaScript is disabled for your browser. Some features of this site may not work without it.

Accountability for amnesty

Thumbnail
View/Open
Simon O'Connor MPhil thesis.pdf (528.9Kb)
Date
22/06/2010
Author
O'Connor, Simon
Supervisor
Hayden, Patrick
Keywords
Amnesty
Permissive law
Hans Kelsen
G.H. von Wright
Deontic logic
Metadata
Show full item record
Altmetrics Handle Statistics
Abstract
Amnesties are evidently contentious issues. The issue of immunity and impunity is significant in the peace versus justice debate. What this thesis attempts is to explain the grant of amnesty as a legally permissible exception from the norm that those who commits crimes are to be punished – the very premise of punitive law. The demand is ever more so in respect of those crimes most atrocious. It approaches the topic from a legal rather than a moral perspective. Analysing the grant of amnesty through the perspective of legal obligation, the paper seeks to demonstrate that this is the first question to ask, by reference to the fact that, if logically inconsistent with the legal system prevailing, any amnesty will lack legal validity. And legal validity is the key both to the grant of amnesty and equally can inform on the same arguments its rescission. In order to demonstrate thus amnesties legal validity, it is necessary the paper contends to first consider the question of obligation and to do so from the historical perspective of the Roman legal maxim that underlie existing legal regimes, domestic and international. It then turns, by reference to Kant to the notion of permissive laws and how such are properly considered contingent exceptions. The paper then turns to its core chapter on deontic logic, where it seeks to demonstrate the logical consistency of amnesty with legal norms and systems. And finally illustrates the manner in which amnesty acts as a derogation with only provisional effect on the validity of individual norms rather than negating the norm of punitive law per se. In conclusion the paper argues that by virtue of utilising contemporary legal notions of purposive interpretation, we can properly limit the scope and application of amnesty by reference to and only to its legal validity.
Type
Thesis, MPhil Master of Philosophy
Collections
  • International Relations Theses
URI
http://hdl.handle.net/10023/950

Items in the St Andrews Research Repository are protected by copyright, with all rights reserved, unless otherwise indicated.

Advanced Search

Browse

All of RepositoryCommunities & CollectionsBy Issue DateNamesTitlesSubjectsClassificationTypeFunderThis CollectionBy Issue DateNamesTitlesSubjectsClassificationTypeFunder

My Account

Login

Open Access

To find out how you can benefit from open access to research, see our library web pages and Open Access blog. For open access help contact: openaccess@st-andrews.ac.uk.

Accessibility

Read our Accessibility statement.

How to submit research papers

The full text of research papers can be submitted to the repository via Pure, the University's research information system. For help see our guide: How to deposit in Pure.

Electronic thesis deposit

Help with deposit.

Repository help

For repository help contact: Digital-Repository@st-andrews.ac.uk.

Give Feedback

Cookie policy

This site may use cookies. Please see Terms and Conditions.

Usage statistics

COUNTER-compliant statistics on downloads from the repository are available from the IRUS-UK Service. Contact us for information.

© University of St Andrews Library

University of St Andrews is a charity registered in Scotland, No SC013532.

  • Facebook
  • Twitter