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Author : David Luban
Publisher : Cambridge University Press
Page : 341 pages
File Size : 41,7 Mb
Release : 2014-09-04
Category : Law
ISBN : 9781107051096
David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
Author : Jinee Lokaneeta
Publisher : NYU Press
Page : 304 pages
File Size : 51,6 Mb
Release : 2011-08-29
Category : Law
ISBN : 9780814752807
"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 : Jinee Lokaneeta
Publisher : Unknown
Page : 293 pages
File Size : 53,9 Mb
Release : 2012
Category : India
ISBN : 8125045562
Author : Christopher H. Pyle
Publisher : Potomac Books, Inc.
Page : 451 pages
File Size : 49,8 Mb
Release : 2011
Category : History
ISBN : 9781597976213
Follows the paper trail of torture memos that led to abuses at Guantanámo, in Afghanistan, and in Iraq.
Author : Philip N.S. Rumney
Publisher : Routledge
Page : 277 pages
File Size : 55,9 Mb
Release : 2014-11-13
Category : Social Science
ISBN : 9781136184567
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 : Association pour la prévention de la torture (Genève),Center for Justice,International Law
Publisher : Unknown
Page : 198 pages
File Size : 42,5 Mb
Release : 2008
Category : Torture (International law)
ISBN : 2940337276
Author : John Parry
Publisher : University of Michigan Press
Page : 329 pages
File Size : 54,9 Mb
Release : 2010-02-16
Category : Law
ISBN : 9780472050772
Torture is about dominating the victim for a variety of purposes, including public order; control of racial, ethnic, and religious minorities; and, domination for the sake of domination. This title explains that torture is already a normal part of the state coercive apparatus.
Author : Joseph Pugliese
Publisher : Routledge
Page : 243 pages
File Size : 53,7 Mb
Release : 2013
Category : Law
ISBN : 9780415529747
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 T. Parry
Publisher : University of Michigan Press
Page : 318 pages
File Size : 40,9 Mb
Release : 2011-02-16
Category : Political Science
ISBN : 9780472021789
"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 : Karen J. Greenberg
Publisher : Cambridge University Press
Page : 440 pages
File Size : 45,9 Mb
Release : 2005-11-21
Category : Law
ISBN : 1139447033
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 : Anonim
Publisher : Unknown
Page : 198 pages
File Size : 45,7 Mb
Release : 2008
Category : Torture (International law)
ISBN : OCLC:1114363447
Author : John Yoo
Publisher : Macmillan + ORM
Page : 222 pages
File Size : 43,9 Mb
Release : 2020-07-28
Category : Political Science
ISBN : 9781250269614
In Defender in Chief, celebrated constitutional scholar John Yoo makes a provocative case against Donald Trump's alleged disruption of constitutional rules and norms. Donald Trump isn't shredding the Constitution—he's its greatest defender. Ask any liberal—and many moderate conservatives—and they'll tell you that Donald Trump is a threat to the rule of law and the U.S. Constitution. Mainstream media outlets have reported fresh examples of alleged executive overreach or authoritarian White House decisions nearly every day of his presidency. In the 2020 primaries, the candidates have rushed to accuse Trump of destroying our democracy and jeopardizing our nation's very existence. Yoo argues that this charge has things exactly backwards. Far from considering Trump an inherent threat to our nation's founding principles, Yoo convincingly argues that Washington, Jefferson, Madison and Hamilton would have seen Trump as returning to their vision of presidential power, even at his most controversial. It is instead liberal opponents who would overthrow existing constitutional understanding in order to unseat Trump, but in getting their man would inflict permanent damage on the office of the presidency, the most important office in our constitutional system and the world. This provocative and engaging work is a compelling defense of an embattled president's ideas and actions.
Author : Mary Ellen O'Connell
Publisher : Unknown
Page : 391 pages
File Size : 41,6 Mb
Release : 2008
Category : International law
ISBN : OCLC:1132025192
This text provides an explanation of the role of international law in today's world, and shows why there are no acceptable arguments to justify the use of torture and secret prisons, or to support the notion of a 'global battlefield'.
Author : Richard Carver,Lisa Handley
Publisher : Oxford University Press
Page : 688 pages
File Size : 42,9 Mb
Release : 2016
Category : Law
ISBN : 9781781383308
In the past three decades, international and regional human rights bodies have developed an ever-lengthening list of measures that states are required to adopt in order to prevent torture. But do any of these mechanisms actually work? This study is the first systematic analysis of the effectiveness of torture prevention. Primary research was conducted in 16 countries, looking at their experience of torture and prevention mechanisms over a 30-year period. Data was analysed using a combination of quantitative and qualitative techniques. Prevention measures do work, although some are much more effective than others. Most important of all are the safeguards that should be applied in the first hours and days after a person is taken into custody. Notification of family and access to an independent lawyer and doctor have a significant impact in reducing torture. The investigation and prosecution of torturers and the creation of independent monitoring bodies are also important in reducing torture. An important caveat to the conclusion that prevention works is that is actual practice in police stations and detention centres that matters - not treaties ratified or laws on the statute book.
Author : Joseph Pugliese
Publisher : Unknown
Page : 0 pages
File Size : 51,7 Mb
Release : 2014-07-28
Category : Biological warfare
ISBN : 041581555X
State Violence and the Execution of Law examines how law plays a fundamental role in enabling state violence and, specifically, specifically, torture, secret imprisonment, and killing-at-a-distance. Analysing the complex ways in which the U.S. government deploys law in order to consolidate and further colonial and imperial relations of power, Joseph Pugliese tracks the networks that enable the diffusion and normalisation of the state's monopoly of legitimate violence both in the U.S. and transnationally. He demonstrates how these networks of state violence are embedded within key legal institutions (US Department of Justice), military apparatuses (U.S. Defense Advanced Research Projects Agency), civic sites (McCarran airport, Las Vegas), corporations (Boeing), carceral architectures (CIA Salt Pit, Kabul, and Guantánamo), and advanced technologies (unmanned aerial combat vehicles). Law's violence, it is maintained, is always preoccupied with the body: its torture, extortion or extermination. The exercise of state violence, it is argued, must be considered in situated locations that evidence the enmeshment of the body within geopolitical configurations of bio and necropower. For it is in these locations that law plays a foundational role in enabling and legitimising regimes of racialised violence. Drawing on poststructuralist, feminist, queer, critical legal, whiteness and anti-colonial theories, State Violence and Execution of Law brings into focus the contractual imbrication of the state with arms corporations and the contemporary military-industrial complex.
