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Preface; Part I. Downgrading Rights and Expanding Power During Post-9/11 Panic: 1. The war on terrorism and the end of human rights; 2. Eight fallacies about liberty and security; Part II. The Ticking Bomb as Moral Fantasy and Moral Fraud: 3. Liberalism, torture, and the ticking bomb; 4. Unthinking the ticking bomb; Part III. The Evils of Torture: 5. A communicative conception of torture; 6. Human dignity, humiliation, and torture; 7. Mental torture: a critique of erasures in US law (with Henry Shue); Part IV. Complicity in Torture: 8. The torture lawyers of Washington; 9. Tales of terror: lessons for lawyers from the war on terrorism; 10. An affair to remember.
David Luban analyzes the torture debate in the struggle against terrorism from a sophisticated philosophical and legal perspective.
David Luban is University Professor in Law and Philosophy at Georgetown University. His many publications include Lawyers and Justice: An Ethical Study (1988), Legal Modernism (1994), Legal Ethics and Human Dignity (2007), and well-known essays on just war theory and international criminal law.
'David Luban has written over the past decade an extraordinarily
compelling set of philosophical, legal (and simply human)
reflections on what has unfortunately become a defining issue -
torture. He raises crucial questions not only about the role of
lawyers in legitimizing indefensible practices, but also about
broader aspects of moral argument, especially the common practice
of relying on 'extreme cases' and 'brainteasers' as alternatives to
confronting more mundane (and horrific) realities. The book
therefore promises to be important even after that happy day when
torture has indeed been eliminated from the world.' Sanford
Levinson, University of Texas, Austin
'Of all those who have written on themes of justice and power in
the aftermath of 9/11, David Luban's work is among the very best.
His elegant argumentation and fluid prose effortlessly cross the
boundaries between law, philosophy and political theory. Taken
together, these essays provide a hugely compelling defence of
fundamental rights in the face of those who have sought to weaken
longstanding constitutional and moral protections. No one with an
interest in society's response to torture or the broader debate on
civil liberties can afford to ignore this book.' David Rodin,
University of Oxford
'If there is but one book to pick from the shelf dealing with the
US political crisis over the use of torture, then clearly it is
David Luban's. With a merciless dissection of the semantic games
played by Washington lawyers and a brilliant discussion of the key
questions of law and ethics at the heart of the torture debate,
Luban emerges as the subject's undisputed grand master.' Scott
Horton, Columbia Law School
'David Luban's writing has been indispensable in the torture
debates. No one has done more than he has to confront the 'ticking
bomb' hypothetical. No one has engaged more deeply with our
understanding of what torture is than Luban has in his essay on
'the communicative aspect of torture'. These writings represent
perhaps the most serious and sensitive work that has emerged from
this grim chapter in America's history.' Jeremy Waldron, New York
University
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