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Books > Social sciences > Politics & government > Political activism > Terrorism, freedom fighters, armed struggle
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Why Not Torture Terrorists? - Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture (Hardcover)
Loot Price: R3,660
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Why Not Torture Terrorists? - Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture (Hardcover)
Series: Oxford Monographs in International Law
Expected to ship within 10 - 15 working days
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The book addresses a dilemma at the heart of the 'War on Terror':
is it ever justifiable to torture terrorists in order to save the
lives of innocent civilians; the so-called 'ticking bomb' scenario?
The book first analyzes the ticking bomb dilemma as a pure moral
one, facing the individual would-be torturer. A 'never-say-never'
utilitarian position is pitted against a 'minimal absolutist' view
that some acts are never justifiable, and that torture is one such
act. It then looks at the issues that arise once a state has
decided to sanction torture in extreme situations: when, how, and
whom to torture; the institutionalization of torture; its effects
on society; and its efficacy in combatting terrorism in the shorter
and longer runs. Four models of legalized torture are next
examined-including current ones in Israel and the USA and the idea
of torture warrants. Finally, related legal issues are analyzed;
among them the lawfulness of coercive interrogation under
international law and attempts to allow torture 'only' after the
fact, for instance by applying the criminal law defence of
necessity. A 'minimal absolutist' view - under which torture,
whether by private individuals or by state officials, must be
prohibited absolutely in law, policy and practice, and allowing no
exceptions for ticking bomb situations - is defended throughout.
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