Of Monsters and Lawyers

16 Pages Posted: 25 Jun 2015 Last revised: 8 Nov 2016

See all articles by Milan Markovic

Milan Markovic

Texas A&M University School of Law

Date Written: May 18, 2015

Abstract

This is a review essay of David Luban's important and prescient new book, Torture, Power, and Law. The review essay focuses on two of Luban's central arguments: The fallacious trade-off between civil liberties and national security after the 9/11 attacks and the manipulation of anti-torture law by Bush administration lawyers.

Although I largely agree with Luban's analysis, I contend that the "coercive interrogation program" and other war on terror policies cannot be fully understood without considering anti-Muslim attitudes in the United States. I also question whether, in analyzing the ethics of government lawyers, the distinction between frivolous and non-frivolous legal positions is as marked as Luban suggests.

Keywords: Torture, Coercive Interrogation, Yoo, Bybee, Luban, Model Rule 2.1, War on Terror, waterboarding

JEL Classification: Z00

Suggested Citation

Markovic, Milan, Of Monsters and Lawyers (May 18, 2015). Criminal Justice Ethics, Vol. 34, 2015 ; Texas A&M University School of Law Legal Studies Research Paper No. 16-68. Available at SSRN: https://ssrn.com/abstract=2607791

Milan Markovic (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce Street
Fort Worth, TX 76102
United States
817-212-4056 (Phone)

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