Post by fireopal on Dec 12, 2008 4:24:59 GMT 4
The Equivalent Logic of Torture and Terrorism: The Legal Regulation of Moral Monstrosity
Ben Saul
University of Sydney - Faculty of Law
TERRORISM AND TORTURE, S. Lewandowski et al, eds., Institute of Advanced Studies, USA, 2008
Sydney Law School Research Paper No. 08/113
Abstract:
Paradoxically, justifications for State torture and non-State terrorism are strikingly similar, often drawing on the same underlying logic, reasoning, ethics, politics, ideology and philosophy. This chapter explores the range of claims, justifications and excuses which have been invoked to support arguments for torture and terrorism, including ideas about the defence of human rights, asymmetry of power, the simultaneous antiquity and malleability of the law, and exceptional doctrines such as 'necessity'. While the absolute prohibition of torture in international law is appropriate and ought to be defended, by contrast there are considerable inadequacies in the legal regulation of terrorism, resulting in the complicity of international law in repressing legitimate struggles against political oppression.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1277548_code609399.pdf?abstractid=1277548&mirid=5
Ben Saul
University of Sydney - Faculty of Law
TERRORISM AND TORTURE, S. Lewandowski et al, eds., Institute of Advanced Studies, USA, 2008
Sydney Law School Research Paper No. 08/113
Abstract:
Paradoxically, justifications for State torture and non-State terrorism are strikingly similar, often drawing on the same underlying logic, reasoning, ethics, politics, ideology and philosophy. This chapter explores the range of claims, justifications and excuses which have been invoked to support arguments for torture and terrorism, including ideas about the defence of human rights, asymmetry of power, the simultaneous antiquity and malleability of the law, and exceptional doctrines such as 'necessity'. While the absolute prohibition of torture in international law is appropriate and ought to be defended, by contrast there are considerable inadequacies in the legal regulation of terrorism, resulting in the complicity of international law in repressing legitimate struggles against political oppression.
papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID1277548_code609399.pdf?abstractid=1277548&mirid=5