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Foskett on Compromise

Edited by: Hon Sir David Foskett, John Sorabji
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Lord Denning: Life, Law and Legacy



  


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 Jonathan Karas


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Torturing Terrorists: Exploring the Limits of Law, Human Rights and Academic Inquiry


ISBN13: 9780415671620
Published: November 2014
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00
Paperback edition , ISBN13 9780415671637



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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 so doing, the book engages in a wide ranging inter-disciplinary analysis of the arguments and claims that are put forward by the proponents and opponents of legalised torture. The text critically evaluates suggestions that debating the legalisation of torture is 'dangerous' and should be avoided. Further, it examines the argument that the 'ticking bomb' hypothetical is a myth and considers the effectiveness of torture in producing 'ticking bomb' and 'infrastructure' intelligence. Torturing Terrorists also 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. Finally, the book considers 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.

Subjects:
Human Rights and Civil Liberties
Contents:
1. A defence of academic freedom in discussing controversial subject matter
2. A multi-disciplinary analysis of the consequences of legalising torture
3. Analysis of various myths that are promoted by both sides in the debate over legalising torture
4. The use of the ticking bomb hypothetical in law, politics and scholarship and a critical analysis of commonly cited criticisms of the hypothetical
5. The (in)effectiveness of interrogational torture in producing 'ticking bomb' and 'infrastructure' intelligence and the factors that impact effectiveness
6. The difficulties in drafting a torture statute and the problems of interpretation, enforcement and unintended consequences that would characterise the use of such a law