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Author: David Luban
Publisher: Cambridge University Press
ISBN: 1107051096
Category : Law
Languages : en
Pages : 341
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Book Description
David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
Author: David Luban
Publisher: Cambridge University Press
ISBN: 1107051096
Category : Law
Languages : en
Pages : 341
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Book Description
David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
Author: Jinee Lokaneeta
Publisher: NYU Press
ISBN: 1479816957
Category : Law
Languages : en
Pages : 305
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Book Description
"Transnational Torture by Jinee Lokaneeta reviewed with Prachi Patankar" on the blog Kafila. Evidence of torture at Abu Ghraib prison in Iraq and harsh interrogation techniques at Guantánamo Bay beg the question: has the “war on terror” forced liberal democracies to rethink their policies and laws against torture? Transnational Torture focuses on the legal and political discourses on torture in India and the United States—two common-law based constitutional democracies—to theorize the relationship between law, violence, and state power in liberal democracies. Analyzing about one hundred landmark Supreme Court cases on torture in India and the United States, memos and popular imagery of torture, Jinee Lokaneeta compellingly demonstrates that even before recent debates on the use of torture in the war on terror, the laws of interrogation were much more ambivalent about the infliction of excess pain and suffering than most political and legal theorists have acknowledged. Rather than viewing the recent policies on interrogation as anomalous or exceptional, Lokaneeta effectively argues that efforts to accommodate excess violence—a constantly negotiated process—are long standing features of routine interrogations in both the United States and India, concluding that the infliction of excess violence is more central to democratic governance than is acknowledged in western jurisprudence.
Author: John Parry
Publisher: University of Michigan Press
ISBN: 047205077X
Category : Political Science
Languages : en
Pages : 329
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Book Description
Legal prohibitions against torture cannot prevent state violence
Author: Richard B. Bilder
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Karen J. Greenberg
Publisher: Cambridge University Press
ISBN: 9781139447034
Category : Law
Languages : en
Pages : 440
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Book Description
As a result of the work assembling the documents, memoranda, and reports that constitute the material in The Torture Papers the question of the rationale behind the Bush administration's decision to condone the use of coercive interrogation techniques in the interrogation of detainees suspected of terrorist connections was raised. The condoned use of torture in any society is questionable but its use by the United States, a liberal democracy that champions human rights and is a party to international conventions forbidding torture, has sparked an intense debate within America. The Torture Debate in America captures these arguments with essays from individuals in different discipines. This volume is divided into two sections with essays covering all sides of the argument from those who embrace absolute prohibition of torture to those who see it as a viable option in the war on terror and with documents complementing the essays.
Author: Joseph Pugliese
Publisher: Routledge
ISBN: 0415529743
Category : Law
Languages : en
Pages : 243
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Book Description
State Violence and the Execution of Law examines how law plays a fundamental role in enabling state violence and, specifically, torture, secret imprisonment, and killing-at-a-distance.
Author: John Parry
Publisher: University of Michigan Press
ISBN: 0472021788
Category : Political Science
Languages : en
Pages : 329
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Book Description
"John Parry's Understanding Torture is an important contribution to our understanding of how torture fits within the practices and beliefs of the modern state. His juxtaposition of the often indeterminate nature of the law of torture with the very specific state practices of torture is both startling and revealing." ---Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and author of Sacred Violence "Parry is effective in building, deploying, and supporting his argument . . . that the law does not provide effective protections against torture, but also that the law is in itself constitutive of a political order in which torture is employed to create---and to destroy or re-create---political identities.” ---Margaret Satterthwaite, Faculty Director of the Center for Human Rights and Global Justice and Associate Professor of Clinical Law, NYU School of Law "A beautifully crafted, convincingly argued book that does not shy away from addressing the legal and ethical complexities of torture in the modern world. In a field that all too often produces simple or superficial responses to what has become an increasingly challenging issue, Understanding Torture stands out as a sophisticated and intellectually responsible work." ---Ruth Miller, Associate Professor of History, University of Massachusetts, Boston Prohibiting torture will not end it. In Understanding Torture, John T. Parry explains that torture is already a normal part of the state coercive apparatus. Torture is about dominating the victim for a variety of purposes, including public order; control of racial, ethnic, and religious minorities; and--- critically---domination for the sake of domination. Seen in this way, Abu Ghraib sits on a continuum with contemporary police violence in U.S. cities; violent repression of racial minorities throughout U.S. history; and the exercise of power in a variety of political, social, and interpersonal contacts. Creating a separate category for an intentionally narrow set of practices labeled and banned as torture, Parry argues, serves to normalize and legitimate the remaining practices that are "not torture." Consequently, we must question the hope that law can play an important role in regulating state violence. No one who reads this book can fail to understand the centrality of torture in modern law, politics, and governance. John T. Parry is Professor of Law at Lewis & Clark Law School.
Author: John H. Langbein
Publisher: University of Chicago Press
ISBN: 0226922618
Category : History
Languages : en
Pages : 246
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Book Description
In Torture and the Law of Proof John H. Langbein explores the world of the thumbscrew and the rack, engines of torture authorized for investigating crime in European legal systems from medieval times until well into the eighteenth century. Drawing on juristic literature and legal records, Langbein's book, first published in 1977, remains the definitive account of how European legal systems became dependent on the use of torture in their routine criminal procedures, and how they eventually worked themselves free of it. The book has recently taken on an eerie relevance as a consequence of controversial American and British interrogation practices in the Iraq and Afghanistan wars. In a new introduction, Langbein contrasts the "new" law of torture with the older European law and offers some pointed lessons about the difficulty of reconciling coercion with accurate investigation. Embellished with fascinating illustrations of torture devices taken from an eighteenth-century criminal code, this crisply written account will engage all those interested in torture's remarkable grip on European legal history.
Author: Philip N.S. Rumney
Publisher: Routledge
ISBN: 1136184562
Category : Social Science
Languages : en
Pages : 277
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Book Description
This book considers the theoretical, policy and empirical arguments relevant to the debate concerning the legalisation of interrogational torture. Torturing Terrorists examines, as part of a consequentialist analysis, the nature and impact of torture and the implications of its legal regulation on individuals, institutions and wider society. In making an argument against the use of torture, the book engages in a wide ranging interdisciplinary analysis of the arguments and claims that are put forward by the proponents and opponents of legalised torture. This book examines the ticking bomb hypothetical and explains how the component parts of the hypothetical are expansively interpreted in theory and practice. It also considers the effectiveness of torture in producing ‘ticking bomb’ and ‘infrastructure’ intelligence and examines the use of interrogational torture and coercion by state officials in Northern Ireland, Algeria, Israel, and as part of the CIA’s ‘High Value Detainee’ interrogation programme. As part of an empirical slippery slope argument, this book examines the difficulties in drafting the text of a torture statute; the difficulties of controlling the use of interrogational torture and problems such a law could create for state officials and wider society. Finally, it critically evaluates suggestions that debating the legalisation of torture is dangerous and should be avoided. The book will be of interest to students and academics of criminology, law, sociology and philosophy, as well as the general reader.
Author: Lutz Oette
Publisher: Oxford University Press
ISBN: 0198885768
Category : Law
Languages : en
Pages : 369
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Book Description
The prohibition of torture and other cruel, inhuman, degrading treatment or punishment has a special status. It is the foremost international human rights norm protecting persons from attacks on their dignity and integrity. Consequently, it has been at the forefront of a series of developments in international human rights law and international law more broadly. Having withstood sustained challenges to its absolute nature in the 'war on terror', it has broadened its scope of application, becoming more sophisticated and complex in the process. The prohibition of torture increasingly interacts with other fields of human rights law, such as non-discrimination law, international criminal law, international humanitarian law, and international migration law. The Transformation of the Prohibition of Torture in International Law analyses the nature and significance of this transformation and looks into the scope of the prohibition's further evolution. Empirical scholarship, innovative human rights body practice, and challenges from activists, particularly from the Global South, have focused on the relational nature of torture and other ill-treatment, its embeddedness in wider structures of power, and the role of international law in legitimizing-if not facilitating-widespread suffering, from mass incarceration to poverty and climate change. This analysis reveals an inherent tension in the prohibition between a conventional, narrow focus on direct State violence and a wide lens encompassing myriad forms of suffering. To retain its validity and effectiveness in the twenty-first century, argues Lutz Oette, the prohibition on torture must navigate this tension and successfully address and transform abusive power asymmetries.
