Of Monsters and Lawyers
Criminal Justice Ethics, Vol. 34, 2015
16 Pages Posted: 25 Jun 2015 Last revised: 8 Nov 2016
Date Written: May 18, 2015
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: Suggested Citation