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
Date Written: November 29, 2005
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: Suggested Citation