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Why Not Torture Terrorists?
By Yuval Ginbar
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Description
The book first analyzes the ticking bomb dilemma as a pure moral one, facing the individual would-be torturer. A 'never-say-never' utilitarian position is pitted against a 'minimal absolutist' view that some acts are never justifiable, and that torture is one such act.
It then looks at the issues that arise once a state has decided to sanction torture in extreme situations: when, how, and whom to torture; the institutionalization of torture; its effects on society; and its efficacy in combatting terrorism in the shorter and longer runs.
Four models of legalized torture are next examined-including current ones in Israel and the USA and the idea of torture warrants.
Finally, related legal issues are analyzed; among them the lawfulness of coercive interrogation under international law and attempts to allow torture 'only' after the fact, for instance by applying the criminal law defence of necessity.A 'minimal absolutist' view - under which torture, whether by private individuals or by state officials, must be prohibited absolutely in law, policy and practice, and allowing no exceptions for ticking bomb situations - is defended throughout.
Product details
Edition:
1
Number of Pages:
450
Release Date:
2008-06-02
Publication Date:
2008-03-27
Publisher:
OUP Oxford
Languages:
Original:
English
ISBN10:
0199540918
ISBN13:
9780199540914
GPSR Manufacturer Reference:
Weight:
837 g
Height:
161 cm
Width:
240 cm
Thickness:
29 cm
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