Another Modest Proposal: In Defence of the Prohibition Against Torture

(2005) 10 Deakin Law Review 640-53

Miriam Gani et al, eds., Fresh Perspectives on the ‘War on Terror’ (Canberra: ANU Press, 2008) 27-43

17 Pages Posted: 2 Aug 2012

See all articles by Desmond Manderson

Desmond Manderson

ANU College of Law; ANU College of Arts and Social Sciences; McGill University - Faculty of Law

Date Written: November 29, 2005

Abstract

In response to political and legal events that took place in the years following 9/11, and to contemporary legal scholarship defending the use of torture or other methods of interrogation in situations of emergency and crisis, this essay defends the legal prohibition of torture by both empirical and philosophical means, moving back to Voltaire and Swift and forward to Iraq and Palestine in order to maintain the necessity and efficacy of the prohibition.

Keywords: legal history, regulation, Foucault, Voltaire, Gonzales, Bagaric, torture, enhanced interrogation, 9/11, war in Iraq

Suggested Citation

Manderson, Desmond, Another Modest Proposal: In Defence of the Prohibition Against Torture (November 29, 2005). (2005) 10 Deakin Law Review 640-53, Miriam Gani et al, eds., Fresh Perspectives on the ‘War on Terror’ (Canberra: ANU Press, 2008) 27-43, Available at SSRN: https://ssrn.com/abstract=1515324

Desmond Manderson (Contact Author)

ANU College of Law; ANU College of Arts and Social Sciences ( email )

Canberra, Australian Capital Territory 0200
Australia

HOME PAGE: http://https://researchers.anu.edu.au/researchers/manderson-dra

McGill University - Faculty of Law ( email )

Canada

HOME PAGE: http://https://researchers.anu.edu.au/researchers/manderson-dra

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