Download or read book Because It Is Wrong Torture Privacy and Presidential Power in the Age of Terror written by Charles Fried and published by W. W. Norton & Company. This book was released on 2010-09-06 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elevating the torture and privacy debate, this book brilliantly challenges the knee-jerk responses of those in media and government. Can torture ever be justified? When is eavesdropping acceptable? Should a kidnapper be waterboarded to reveal where his victim has been hidden? Ever since 9/11 there has been an intense debate about the government’s application of torture and the pervasive use of eavesdropping and data mining in order to thwart acts of terrorism. To create this seminal statement on torture and surveillance, Charles Fried and Gregory Fried have measured current controversies against the philosophies of Aristotle, Locke, Kant, and Machiavelli, and against the historic decisions, large and small, of Jefferson, Lincoln, and Pope Sixtus V, among many others. Because It Is Wrong not only discusses the behavior and justifications of Bush government officials but also examines more broadly what should be done when high officials have broken moral and legal norms in an attempt to protect us. This is a moral and philosophical meditation on some of the most urgent issues of our time.
Download or read book Because It Is Wrong written by Beneficial Professor of Law Charles Fried and published by W. W. Norton. This book was released on 2010-09 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Elevating the torture and privacy debate, this book brilliantly challenges the knee-jerk responses of those in media and government.
Download or read book Routledge Handbook of Terrorism and Counterterrorism written by Andrew Silke and published by Routledge. This book was released on 2018-09-03 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new Handbook provides a comprehensive, state-of-the-art overview of current knowledge and debates on terrorism and counterterrorism, as well as providing a benchmark for future research. The attacks of 9/11 and the ‘global war on terror’ and its various legacies have dominated international politics in the opening decades of the 21st century. In response to the dramatic rise of terrorism, within the public eye and the academic world, the need for an accessible and comprehensive overview of these controversial issues remains profound. The Routledge Handbook of Terrorism and Counterterrorism seeks to fulfil this need. The volume is divided into two key parts: Part I: Terrorism: This section provides an overview of terrorism, covering the history of terrorism, its causes and characteristics, major tactics and strategies, major trends and critical contemporary issues such as radicalisation and cyber-terrorism. It concludes with a series of detailed case studies, including the IRA, Hamas and Islamic State. Part II: Counterterrorism: This part draws on the main themes and critical issues surrounding counterterrorism. It covers the major strategies and policies, key events and trends and the impact and effectiveness of different approaches. This section also concludes with a series of case studies focused on major counterterrorism campaigns. This book will be of great interest to all students of terrorism and counterterrorism, political violence, counter-insurgency, criminology, war and conflict studies, security studies and IR more generally.
Download or read book Anatomy of Torture written by Ron E. Hassner and published by Cornell University Press. This book was released on 2022-04-15 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does torture "work?" Can controversial techniques such as waterboarding extract crucial and reliable intelligence? Since 9/11, this question has been angrily debated in the halls of power and the court of public opinion. In Anatomy of Torture, Ron E. Hassner mines the archives of the Spanish Inquisition to propose an answer that will frustrate and infuriate both sides of the divide. The Inquisition's scribes recorded every torment, every scream, and every confession in the torture chamber. Their transcripts reveal that Inquisitors used torture deliberately and meticulously, unlike the rash, improvised methods used by the United States after 9/11. In their relentless pursuit of underground Jewish communities in Spain and Mexico, the Inquisition tortured in cold blood. But they treated any information extracted with caution: torture was used to test information provided through other means, not to uncover startling new evidence. Hassner's findings in Anatomy of Torture have important implications for ongoing torture debates. Rather than insist that torture is ineffective, torture critics should focus their attention on the morality of torture. If torture is evil, its efficacy is irrelevant. At the same time, torture defenders cannot advocate for torture as a counterterrorist "quick fix": torture has never located, nor will ever locate, the hypothetical "ticking bomb" that is frequently invoked to justify brutality in the name of security.
Download or read book Interrogation and Torture written by Steven J. Barela and published by . This book was released on 2020 with total page 625 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops, for the first time, a comprehensive discussion regarding the legality of torture and the efficacy of interrogation. Scientific research has concluded that torture is not effective. So, what interrogational methods are effective and how does one deploy those methods in such a way that is consistent with law and morality?
Download or read book Ethics Evil Law and the State State Power and Political Evil written by Aoife Padraigín Foley and published by BRILL. This book was released on 2020-04-28 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Torturing Terrorists written by Philip N.S. Rumney and published by Routledge. This book was released on 2014-11-13 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Peopling the Constitution written by John E. Finn and published by University Press of Kansas. This book was released on 2014-03-24 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U. S. Constitution begins with the soaring words “We the People,” but we, the people, have little to do with the document as most of us have come to know it. When most people think of the constitution they think of it as a legal instrument, the province of judges and lawyers, who alone possess the expertise and knowledge necessary to discern its elusive and complex meaning. This book outlines a very different view of the Constitution as a moral and philosophical statement about who we are as a nation. This “Civic Constitution” constitutes us as a civic body politic, transforming “the people” into a singular political entity. Juxtaposing this view with the legal model, the “Juridic Constitution,” John E. Finn offers a comprehensive account of the Civic Constitution as a public affirmation of the shared principles of national self-identity, and as a particular vision of political community in which we the people play a significant and ongoing role in achieving a constitutional way of life. The Civic Constitution is the constitution of dialogical engagement, of contested meanings, of political principles, of education, of conversation. Peopling the Constitution seeks nothing less than a new interpretation of the American constitutional project in an effort to revive a robust understanding of citizenship. It considers the entire constitutional project, from its founding and maintenance to its failure, with insights into topics ranging from the practice of deliberative democracy and the meaning of citizenship, to constitutional fidelity, civic virtue, the separation of powers, federalism, and constitutional interpretation. The Civic Constitution, in Finn’s telling, is primarily a political project requiring an active, engaged, and most importantly, constitutionally educated citizenry committed to the civic virtues of civility and tending. When we as citizens are unwilling or unable to tend to and sustain the Constitution, and when constitutional questions reduce to legal questions and obscure civic interests, constitutional rot results. And in post-9/11 America, Finn argues, constitutional rot has begun to set in. With its multi-dimensional vision of constitutional governance, Finn's book stands as a corrective to accounts that locate the Constitution in and conceive it essentially as a legal instrument, making a powerful and impassioned argument for restoring the people to their rightful place in the politics and practice of the Constitution.
Download or read book Fighting Hurt written by Henry Shue and published by Oxford University Press. This book was released on 2016-03-24 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some of our most fundamental moral rules are violated by the practices of torture and war. If one examines the concrete forms these practices take, can the exceptions to the rules necessary to either torture or war be justified? Fighting Hurt brings together key essays by Henry Shue on the issue of torture, and relatedly, the moral challenges surrounding the initiation and conduct of war, and features a new introduction outlining the argument of the essays, putting them into context, and describing how and in what ways his position has modified over time. The first six chapters marshal arguments that have been refined over 35 years for the conclusion that torture can never be justified in any actual circumstances whatsoever. The practice of torture has nothing significant in common with the ticking bomb scenario often used in its defence, and weak U.S. statutes have loop-holes for psychological torture of the kind now favoured by CIA in the 'war against terrorism'. The other sixteen chapters maintain that for as long as wars are in fact fought, it is morally urgent to limit specific destructive practices that cannot be prohibited. Two possible exceptions to the UN Charter's prohibition on all but defensive wars, humanitarian military intervention and preventive war to eliminate WMD, are evaluated; and one possible exception to the principle of discrimination, Michael Walzer's 'supreme emergency', is sharply criticized. Two other fundamental issues about the rules for the conduct of war receive extensive controversial treatment. The first is the rules to limit the bombing of dual-use infrastructure, with a focus on alternative interpretations of the principle of proportionality that limits 'collateral damage'. The second is the moral status of the laws of war as embodied in International Humanitarian Law. It is argued that the current philosophical critique of IHL by Jeff McMahan focused on individual moral liability to attack is an intellectual dead-end and that the morally best rules are international laws that are the same for all fighters. Examining real cases, including U.S. bombing of Iraq in 1991, the Clinton Administration decision not to intervene in the 1994 Rwandan genocide, NATO bombing of Serbia in 1999, and CIA torture after 9/11 and its alternatives, this book is highly accessible to general readers who are interested in the ethical status of American political life, especially foreign policy.
Download or read book Targeting Americans written by H. Jefferson Powell and published by Oxford University Press. This book was released on 2016-03-16 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Targeting Americans: The Constitutionality of the U.S. Drone War focuses on the legal debate surrounding drone strikes, the use of which has expanded significantly under the Obama Presidency as part of the continuing war against terror. Despite the political salience of the legal questions raised by targeted killing, the author asserts that there has been remarkably little careful analysis of the fundamental legal question: the constitutionality of the policy. From a position of deep practical expertise in constitutional issues, Prof. Powell provides a dispassionate and balanced analysis of the issues posed by U.S. targeted killing policy, using the killing of Anwar al-Awlaki in September 2011 as a focus for discussion. While Powell concludes that the al-Awlaki strike was constitutional under 2001 legislation, he rejects the Obama administration's broader claims of authority for its drone policies. Furthermore, he argues, citizens acting as combatants in al-Qaeda and associated groups are not entitled to due process protections: by due process standards, the administration's procedures are legally inadequate. A fundamental theme of the book is that the conclusion that an action or policy is constitutional should not be confused with claims about its wisdom, morality, or legality under international norms. Part of the purpose of constitutional analysis is to draw attention to these other normative concerns and not, as is too often the case, to occlude them.
Download or read book Law s Wars written by Richard L. Abel and published by Cambridge University Press. This book was released on 2018-08-16 with total page 939 pages. Available in PDF, EPUB and Kindle. Book excerpt: The US 'war on terror', which Bush declared and Obama continued, repeatedly violated fundamental rule of law values. Law's Wars: The Fate of the Rule of Law in the US 'War on Terror' is the first comprehensive account of efforts to resist and correct those violations. It focuses on responses to abuses in Abu Ghraib, efforts by Guantánamo Bay detainees to improve conditions of confinement in and win release, exposés of and efforts to end torture and electronic surveillance, and civilian casualties on the battlefield, including targeted killings. Abel deploys a law and society perspective to construct and analyze detailed narratives of the roles of victims, whistle-blowers, the media, NGOs, lawyers, doctors, politicians, military personnel, foreign governments and international organizations in defending the rule of law. Only by understanding past errors can we hope to prevent their repetition in what promises to be an endless 'war on terror'.
Download or read book International and Transnational Criminal Law written by David Luban and published by Aspen Publishing. This book was released on 2023-09-14 with total page 1288 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and Transnational Criminal Law, Fourth Edition, by David J. Luban, Julie R. O’Sullivan, David P. Stewart, and Neha Jain covers both international criminal law and the application of U.S. criminal law transnationally. This comprehensive and versatile book has chapters on each of the core crimes (aggression, genocide, crimes against humanity, and war crimes) as well as terrorism and torture. It has separate chapters on the international tribunals from Nuremberg on and the ICC. Other chapters treat modes of liability, defenses, crimes against women, and alternatives to criminal prosecution in post-conflict societies. It also covers U.S. criminal law in transnational contexts, including money laundering, Foreign Corrupt Practices Act, trafficking, and terrorism. In addition, it includes chapters on extradition, evidence gathering abroad, comparative criminal procedure and comparative sentencing, and U.S. constitutional rights abroad. Introductory chapters on the nature of international criminal law, transnational jurisdiction, and the basics of public international law make the book accessible to students (as well as government lawyers and private practitioners) with no prior background in this increasingly important field. New to the Fourth Edition: Recent developments in the international tribunals, including the Special Court for the Central African Republic and Colombia’s Special Jurisdiction for Peace. Updates on post-Morrison jurisdictional developments, including new cases and exposition. Expanded treatment of aggression, including coverage of the Russia-Ukraine conflict. Comprehensive revision of the chapter on obtaining evidence abroad, with greater emphasis on difficulties facing defense counsel. Updates on ICC jurisprudence, including developments on command responsibility and criminal defenses. Updated genocide chapter, including a new section on cultural genocide and discussion of the Ukraine v. Russia ICJ litigation. Professors and students will benefit from: Versatility: The book can be used for courses on international criminal law and also for courses on U.S. criminal law applied across borders. Self-contained introductory chapters on basic public international law, transnational jurisdiction, and the nature of criminal law. A detailed treatment of “headline” issues including torture, terrorism, war crimes, and the Russia-Ukraine conflict. Readable background on historical context.
Download or read book Privacy written by Tamara L. Roleff and published by Greenhaven Publishing LLC. This book was released on 2011-08-15 with total page 114 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essential volume considers the importance of privacy in the digital and post-9/11 era. Essays are presented that represent divergent viewpoints. Viewpoints debate the extent to which privacy is necessary, which measures most effectively protect privacy, and how best to balance privacy with national security and other critical issues. Facebook, full-body scanners, I.D. cards, and the constitution are among the topics. Essay sources include Janet Napolitano, Tim O'Reilly, Jeffrey Rosen, Mark Scholosberg, and Nicole A. Ozer.
Download or read book University of Chicago Law Review Volume 79 Number 3 Summer 2012 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2012-11-12 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading law review offers a quality ebook edition. This third issue of 2012 features articles from internationally recognized legal scholars, and extensive research in Comments authored by University of Chicago Law School students. Contents for the issue include: ARTICLES: "Orwell’s Armchair," by Derek E. Bambauer "Jury Nullification in Modified Comparative Negligence Regimes," by Eli K. Best & John J. Donohue III "Allocating Pollution," by Arden Rowell COMMENTS: "A State-Centered Approach to Tax Discrimination under § 11501(b)(4) of the 4-R Act" "A Felony, I Presume? 21 USC § 841(b)’s Mitigating Provision and the Categorical Approach in Immigration Proceedings" "Home Is Where the Court Is: Determining Residence for Child Custody Matters under the UCCJEA" "Revisiting Revlon: Should Judicial Scrutiny of Mergers Depend on the Method of Payment?" In the eBook edition, Tables of Contents are active, including those for individual articles; footnotes are fully linked and properly numbered; graphs and figures are reproduced legibly; URLs in footnotes are active; and proper eBook formatting is used. The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School student-editors.
Download or read book Law and the Quest for Justice written by Marjorie Zatz, Doris Marie Provine, and James Walsh and published by Quid Pro Books. This book was released on 2013-01-27 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: An insightful collection of essays from leading voices on the challenges and promise of justice and law. This new book is accessible and interesting to a wide audience. It features internationally renowned members of the academy, national political figures, Pulitzer Prize-winning journalists, and crusading lawyers. The thought-provoking topics include: Erwin Chemerinsky on reconceptualizing federalism • John Echohawk on Native American rights • Jack Greenberg on Brown v. Board's legacy • Linda Greenhouse on how Supreme Court Justices evolve over time • Lani Guinier on reframing affirmative action • Antonia Hernández on what citizenship means after 9/11 • Anthony Lewis on broadening presidential power to fight terrorism • Janet Napolitano on security and rights after 9/11 • Charles Ogletree on achieving racial justice • Robert Reich on the economic inheritance of our children • Judith Resnik on Guantánamo, Miranda, and public rights to fairness • Geoffrey Stone on sacrificing civil liberties in wartime. The volume originates from a lecture series honoring legal legend John P. Frank, who represented Ernesto Miranda in the Supreme Court. It is edited and presented by Marjorie S. Zatz and Doris Marie Provine--both professors of Justice & Social Inquiry at Arizona State University--and Arizona attorney James P. Walsh, who was also a law partner to John Frank.
Download or read book Shakespeare and the Law written by Bradin Cormack and published by University of Chicago Press. This book was released on 2016-07-11 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: "William Shakespeare is inextricably linked with the law. Legal documents make up most of the records we have of his life; trials, lawsuits, and legal terms permeate his plays. Gathering an extraordinary team of literary and legal scholars, philosophers, and even sitting judges, Shakespeare and the Law demonstrates that Shakespeare's thinking about legal concepts and legal practice points to a deep and sometimes vexed engagement with the law's technical workings, its underlying premises, and its social effects. Shakespeare and the Law opens with three essays that provide useful frameworks for approaching the topic, offering perspectives on law and literature that emphasize both the continuities and the contrasts between the two fields. In its second section, the book considers Shakespeare's awareness of common-law thinking and practice through examinations of Measure for Measure and Othello. Building and expanding on this question, the third part inquires into Shakespeare's general attitudes toward legal systems. A judge and former solicitor general rule on Shylock's demand for enforcement of his odd contract; and two essays by literary scholars take contrasting views on whether Shakespeare could imagine a functioning legal system. The fourth section looks at how law enters into conversation with issues of politics and community, both in the plays and in our own world. The volume concludes with a freewheeling colloquy among Supreme Court Justice Stephen G. Breyer, Judge Richard A. Posner, Martha C. Nussbaum, and Richard Strier that covers everything from the ghost in Hamlet to the nature of judicial discretion"--Jacket.
Download or read book Batman and Ethics written by Mark D. White and published by John Wiley & Sons. This book was released on 2019-02-26 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Batman has been one of the world’s most beloved superheroes since his first appearance in Detective Comics #27 in 1939. Clad in his dark cowl and cape, he has captured the imagination of millions with his single-minded mission to create a better world for the people of Gotham City by fighting crime, making use of expert detective skills, high-tech crime-fighting gadgets, and an extensive network of sidekicks and partners. But why has this self-made hero enjoyed such enduring popularity? And why are his choices so often the subject of intense debate among his fans and philosophers alike? Batman and Ethics goes behind the mask to shed new light on the complexities and contradictions of the Dark Knight’s moral code. From the logic behind his aversion to killing to the moral status of vigilantism and his use of torture in pursuit of justice (or perhaps revenge), Batman’s ethical precepts are compelling but often inconsistent and controversial. Philosopher and pop culture expert Mark D. White uses the tools of moral philosophy to track Batman’s most striking ethical dilemmas and decisions across his most prominent storylines from the early 1970s through the launch of the New 52, and suggests how understanding the mercurial moral character of the caped crusader might help us reconcile our own. A thought-provoking and entertaining journey through four decades of Batman’s struggles and triumphs in time for the franchise’s 80th anniversary, Batman and Ethics is a perfect gateway into the complex questions of moral philosophy through a focused character study of this most famous of fictional superheroes.
