Torture (Google eBook)

Front Cover
SUNY Press - Law - 128 pages
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The “war on terror” has brought the subject of torture to the forefront of public attention. In contrast to other discussions that focus narrowly on the practice of torture, and condemn it under any and all circumstances, Mirko Bagaric and Julie Clarke argue that to take this position is to live in a moral vacuum. The subject of torture causes our emotions to conflict with our reason. When we have a choice between saving the life of an innocent person, and not harming a terrorist or other wrongdoer, it is indecent to absolutely prefer the interests of the wrongdoer. In contrast, they propose a moral standard where each individual’s interest counts equally. Within this standard, the ostensibly brutal act of torture may be permissible if it has the potential to achieve compassionate outcomes in the form of saving innocent lives.
  

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Contents

Overview of the Torture Debate
1
Reality and Legal Position
9
3 The Moral Status of Torture
21
4 The Slippery Slope Illusion
41
5 Lifesaving Torture Is a Humane Practice
49
6 Torture Is Effective
53
7 Torture Is Not Antidemocratic
63
Where Responsibility Starts and Ends
69
And Why A Metaanalysis of theTorture Debate Supports Our Argument
75
The End Justifies the Means
85
Notes
87
Index
113
Copyright

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About the author

At Deakin University in Australia, Mirko Bagaric is Professor of Law and Julie Clarke is Lecturer in Law. Bagaric’s books include How to Live: Being Happy and Dealing with Moral Dilemmas and Clarke’s include (with P. Clarke and N. Courmadias) Butterworths Casebook Companions-Contract Law.

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