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Why Not Torture Terrorists? - Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture... Why Not Torture Terrorists? - Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture (Paperback)
Yuval Ginbar
R2,254 Discovery Miles 22 540 Ships in 10 - 15 working days

This book addresses a dilemma at the heart of counter-terrorist policy: is it ever justifiable to torture terrorists in order to save the lives of others, the so-called 'ticking bomb' scenario?
The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has decided to sanction torture in certain situations: how to establish factually that the situation is urgent, deciding who to torture, training people to carry out torture, and the efficacy of torture as a means of gathering information. The final part examines attempts to operate legal systems which tolerate torture; how they relate to the criminal law notion of necessity and to international human rights norms.
After examining the utilitarian arguments for torture, and the impact on a society of permitting torture, the author presents a powerful argument for maintaining the absolute legal prohibition.

Why Not Torture Terrorists? - Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture (Hardcover):... Why Not Torture Terrorists? - Moral, Practical and Legal Aspects of the "Ticking Bomb" Justification for Torture (Hardcover)
Yuval Ginbar
R3,589 Discovery Miles 35 890 Ships in 10 - 15 working days

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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