The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has decided to sanction torture in certain situations: how to establish factually that the situation is urgent, deciding who to torture, training people to carry out torture, and the efficacy of torture as a means of gathering information. The final part examines attempts to operate legal systems which tolerate torture; how they relate to the criminal law notion of necessity and to international human rights norms.
After examining the utilitarian arguments for torture, and the impact on a society of permitting torture, the author presents a powerful argument for maintaining the absolute legal prohibition.
Why Not Torture Terrorists?: Moral, Practical and Legal Aspects of the ?Ticking Bomb? Justification for Torture (Oxford Monographs in International Ebook
Author: Yuval Ginbar
File Size: 5582 KB
Print Length: 480 pages
Publisher: Oxford University Press; 1 edition (April 19, 2010)
Publication Date: April 19, 2010
Language: English
