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Torture and Its Definition In International Law - An Interdisciplinary Approach (Paperback)
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Torture and Its Definition In International Law - An Interdisciplinary Approach (Paperback)
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This book presents an interdisciplinary approach to definition of
torture by bringing together behavioral science and international
law perspectives on torture. It is a collaborative effort by a
group of prominent scholars of behavioral sciences, international
law, human rights, and public health with internationally
recognized expertise and authority in their field. It represents a
first ever attempt to explore the scientific basis of legal
understanding of torture and inform international law on various
definitional issues by proposing a sound theory- and
empirical-evidence-based psychological formulation of torture.
Drawing on scientific evidence from the editor's 30 years of
systematic research on torture, it proposes a learning theory
formulation of torture based on the concept of helplessness under
the control of others and offers an assessment methodology that can
reduce the element of subjectivity in legal judgments in individual
cases. It also demonstrates how this formulation can help
understand the nature and severity of ill-treatments in different
contexts, such as domestic violence and adverse conditions of penal
confinement. Through a learning theory analysis of "enhanced
interrogation techniques," it demonstrates not only why these
techniques constitute torture but also how they help us understand
the contextual defining characteristic of torture in general. The
proposed formulation implies a broader concept of torture than
previously understood, provides scientific and moral justification
for the evolving trends in international law towards a broader
coverage of ill-treatments in contexts beyond official custody and
points to new directions of expansion of the concept. With a focus
on the concepts of shame and humiliation and their evolutionary
origin, the book explains why inhuman or degrading treatments can
cause as much pain or suffering as physical torture. Although
treatment issues are not covered, the book sheds light on
potentially effective treatment approaches by offering important
insights into psychology of torture.
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