简介
Torture is perhaps the most unequivocally banned practice in the world today. Yet within six weeks after September 11, articles began appearing suggesting that torture might be "required" in order to interrogate suspected terrorists about future possibilities of violence. The United States and some of its allies are using methods of questioning relating to the war on terrorism that could be described as torture or, at the very least, as inhuman and degrading. It is known that the United States sent some suspected terrorists to allied countries that are well known to engage in torture. And in terror's wake, the use of such methods, at least under some conditions, has gained some prominent defenders. Torture: A Collection brings together leading lawyers, political theorists, social scientists, and public intellectuals to debate the advisability of maintaining the absolute ban and to reflect on what it says about our societies if we do--or do not--adhere to it in all circumstances. One important question is how we define torture at all. Are "cruel and inhumane" practices that result in profound physical or mental discomfort tolerable so long as they do not meet some definition of "torture"? And how much "transparency" do we really want with regard to interrogation practices? Is "don't ask, don't tell" an acceptable response to those who concern themselves about these practices? Addressing these questions and more, this book tackles one of the most controversial issues that we face today. The noted contributors include noted Ariel Dorfman, Elaine Scarry, Alan Dershowitz, Judge Richard Posner, Michael Walzer, Jean Bethke Elshtain, and other lawyers from both the United States and abroad. - Dust jacket.
目录
Foreword: The Tyranny of Terror: Is Torture Inevitable in Our Century and Beyond? Ariel Dorfman
Acknowledgments
1 Contemplating Torture: An Introduction Sanford Levinson
Part I Philosophical Considerations
2 Torture Henry Shue
3 Political Action: The Problem of Dirty Hands Michael Walzer
4 Reflection on the Problem of ""Dirty Hands"" Jean Bethke Elshtain
Part II Torture as Practiced
5 The Legal History of Torture John H. Langbein
6 American Interrogation: From Torture to Trickery Jerome H. Skolnick
7 The Mental State of Torturers: Argentina's Dirty War Mark Osiel
Part III Contemporary Attempts to Abolish Torture through Law
8 Escalation and Necessity: Defining Torture at Home and Abroad John T. Parry
9 Judgment Concerning the Legality of the General Security Service's Interrogation Methods, Supreme Court of Israel
10 Can the War against Terror Justify the Use of Force in Interrogations? Reflections in Light of the Israeli Experience Miriam Gur-Arye
11 The Promise and Limits of the International Law of Torture Oona A. Hathaway
12 The European Convention on Human Rights and Its Prohibition on Torture Fionnuala Ni Aolain
13 The Prohibition on Torture and the Limits of the Law Oren Gross
Part IV Reflections on the Post-September 11 Debate about Legalizing Torture
14 Tortured Reasoning Alan Dershowitz
15 Five Errors in the Reasoning of Alan Dershowitz Elaine Scarry
16 Torture, Terrorism, and Interrogation Richard A. Posner
17 Loose Professionalism, or Why Lawyers Take the Lead on Torture Richard H. Weisberg
18 The Truth About Torture Charles Krauthammer
19 The Abolition of Toture Andrew Sullivan
Contributors
Index
Acknowledgments
1 Contemplating Torture: An Introduction Sanford Levinson
Part I Philosophical Considerations
2 Torture Henry Shue
3 Political Action: The Problem of Dirty Hands Michael Walzer
4 Reflection on the Problem of ""Dirty Hands"" Jean Bethke Elshtain
Part II Torture as Practiced
5 The Legal History of Torture John H. Langbein
6 American Interrogation: From Torture to Trickery Jerome H. Skolnick
7 The Mental State of Torturers: Argentina's Dirty War Mark Osiel
Part III Contemporary Attempts to Abolish Torture through Law
8 Escalation and Necessity: Defining Torture at Home and Abroad John T. Parry
9 Judgment Concerning the Legality of the General Security Service's Interrogation Methods, Supreme Court of Israel
10 Can the War against Terror Justify the Use of Force in Interrogations? Reflections in Light of the Israeli Experience Miriam Gur-Arye
11 The Promise and Limits of the International Law of Torture Oona A. Hathaway
12 The European Convention on Human Rights and Its Prohibition on Torture Fionnuala Ni Aolain
13 The Prohibition on Torture and the Limits of the Law Oren Gross
Part IV Reflections on the Post-September 11 Debate about Legalizing Torture
14 Tortured Reasoning Alan Dershowitz
15 Five Errors in the Reasoning of Alan Dershowitz Elaine Scarry
16 Torture, Terrorism, and Interrogation Richard A. Posner
17 Loose Professionalism, or Why Lawyers Take the Lead on Torture Richard H. Weisberg
18 The Truth About Torture Charles Krauthammer
19 The Abolition of Toture Andrew Sullivan
Contributors
Index
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