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Vol 23 No 5 May/June 2018

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The Torture Debate in America

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Edited by: Karen J. Greenberg

ISBN13: 9780521674614
ISBN: 0521674611
Published: January 2006
Publisher: Cambridge University Press
Country of Publication: USA
Format: Paperback
Price: £22.99

This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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International Criminal Law
Introduction: the rule of law finds its Golem: judicial torture then and now Karen Greenberg
Part I. Democracy, Terror, and Torture: 1. Tortured liberalism David Luban
2. How to interrogate terrorists Heather MacDonald
3. Torture: thinking about the unthinkable Andrew McCarthy
4. The curious debate Joshua Dratel
5. Is defiance of law proof of success: magical thinking in the war on terror Stephen Holmes
6. Through a mirror, darkly Scott Horton
7. Speaking law to power: lawyers and power Richard Bilder and Detlev Vagts
8. ‘Engine of state’ and the rule of law Jeremy Waldron
9. Torture: an interreligious debate Joyce Dubensky and Rachel Lavery
Part II. On the Matter of Failed States, The Geneva Conventions and International Law: 10. Unwise counsel: the war on terrorism and the criminal mistreatment of detainees in U.S. custody David Bowker
11. Rethinking the Geneva Conventions Lee Casey and David Rivkin
12. The disappearing state David D. Caron
13. War not crime William H. Taft IV
Part III. On Torture: 14. Panel discussion - torture: the road to Abu Ghraib and beyond Burt Neuborne, Dana Priest, Samuel Rascoff, Anthony Lewis, Joshua Dratel, Major Michael Dan Mori and Stephen Gillers
15. Legal ethics and other perspectives Jeffrey Shapiro
16. Legal ethics: a debate Stephen Gillers
17. Lawyers know sin: complicity in torture Christopher Kutz
18. Renouncing torture Michael Dorf
19. Reconciling torture with democracy Deborah Pearlstein
Part IV. Afterword: 20. Litigating torture: the German Criminal Prosecution Michael Ratner and Peter Weiss
21. Ugly Americans Noah Feldman
Part V. Relevant Documents: 22. Uncharted legal territory - RE: 1949 Geneva Conventions: the President’s decisions under International Law William Taft IV to William Haynes, March 22, 2002
23. The ‘torture’ memo - RE: standards of conduct for interrogation Jay Bybee to Alberto Gonzales August 1, 2002
24. Redefining torture Memo - RE: Legal standards Applicable Daniel Levin to James B. Comey, December 30, 2004
Part VI. Afterthought: To the American People: Report upon the Illegal practices of the United States Department of Justice Zechariah Chafee, Felix Frankfurter, Ernst Freund, Roscoe Pound, et al. May 1920.