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The Equivalent Logic of Torture and Terrorism: The Legal Regulation of Moral Monstrosity


Ben Saul


University of Sydney - Faculty of Law


TERRORISM AND TORTURE, S. Lewandowski et al, eds., Institute of Advanced Studies, USA, 2008
Sydney Law School Research Paper No. 08/113

Abstract:     
Paradoxically, justifications for State torture and non-State terrorism are strikingly similar, often drawing on the same underlying logic, reasoning, ethics, politics, ideology and philosophy. This chapter explores the range of claims, justifications and excuses which have been invoked to support arguments for torture and terrorism, including ideas about the defence of human rights, asymmetry of power, the simultaneous antiquity and malleability of the law, and exceptional doctrines such as 'necessity'. While the absolute prohibition of torture in international law is appropriate and ought to be defended, by contrast there are considerable inadequacies in the legal regulation of terrorism, resulting in the complicity of international law in repressing legitimate struggles against political oppression.

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Date posted: October 6, 2008  

Suggested Citation

Saul, Ben, The Equivalent Logic of Torture and Terrorism: The Legal Regulation of Moral Monstrosity. ; Sydney Law School Research Paper No. 08/113. Available at SSRN: http://ssrn.com/abstract=1277548

Contact Information

Ben Saul (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia
HOME PAGE: http://www.law.usyd.edu.au/about/staff/BenSaul/index.shtml
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