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The Torture Debate in America

The Torture Debate in America

$31.99

Karen J. Greenberg, David Luban, Heather MacDonald, Andrew McCarthy, Joshua Dratel, Stephen Holmes, Scott Horton, Richard Bilder, Detlev Vagts, Jeremy Waldron, Joyce Dubensky, Rachel Lavery, David Bowker, Lee Casey, David Rivkin, David D. Caron, William H. Taft IV, Burt Neuborne, Dana Priest, Samuel Rascoff, Anthony Lewis, Major Michael Dan Mori, Stephen Gillers, Jeffrey Shapiro, Christopher Kutz, Michael Dorf, Deborah Pearlstein, Michael Ratner, Peter Weiss
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  • Date Published: November 2005
  • availability: Available
  • format: Paperback
  • isbn: 9780521674614

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About the Authors
  • Widely acclaimed as a publishing milestone, The Torture Papers (Cambridge, 2005) constitutes the definitive book of public record detailing the Bush Administration's policies on torture and political prisoners. In the process of assembling the documents, memoranda, and reports that comprise the material in The Torture Papers, a vital question arose: What was the rationale behind the Bush Administration's decision to condone the use of coercive techniques in the interrogation of detainees suspected of terrorist connections? The use of these techniques at Abu Ghraib and Guantanamo has sparked an intense debate in America. The Torture Debate in America captures the arguments on torture that have been put forth by legislators, human rights activists, and others. It raises the key moral, legal, and historical questions that have led to current considerations on the use of torture. Divided into three sections, the contributions cover all sides of the debate, from absolute prohibition of torture to its use as a viable option in the War on Terror.

    • Includes memos from those close to the Bush administration
    • Contains documents on which the road to torture was based
    • Historical information
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    Reviews & endorsements

    "With this superb collection of documents, we can begin to see the contours of our new post 9-11 world." The Washington Post on The Torture Papers

    "...a block of granite on the path of any forgetfulness. The book is a true public service, compiled by two U.S. lawyers, which brings the whole twisted story into the public domain, and let us hope into every library and many personal hands." Toronto Globe

    "an excellent and thorough introduction ot the legal and institutional arrangements of the contemporary minority rights regime in the Western world. A great value of that book is precisely that it positions questions of minority rights and self-determination right in the analytical propinquity to democracy, and as such it manages to address an important lacuna within the rights-oriented literature of today." - Andrew Goldmsith, Law and Politics Review

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    Product details

    • Date Published: November 2005
    • format: Paperback
    • isbn: 9780521674614
    • length: 436 pages
    • dimensions: 234 x 156 x 22 mm
    • weight: 0.61kg
    • availability: Available
  • Table of Contents

    Introduction: the rule of law finds its Golem: judicial torture then and now Karen Greenberg
    Part I. Democracy, Terror, and Torture:
    1. Tortured liberalism David Luban
    2. How to interrogate terrorists Heather MacDonald
    3. Torture: thinking about the unthinkable Andrew McCarthy
    4. The curious debate Joshua Dratel
    5. Is defiance of law proof of success: magical thinking in the war on terror Stephen Holmes
    6. Through a mirror, darkly Scott Horton
    7. Speaking law to power: lawyers and power Richard Bilder and Detlev Vagts
    8. 'Engine of state' and the rule of law Jeremy Waldron
    9. Torture: an interreligious debate Joyce Dubensky and Rachel Lavery
    Part II. On the Matter of Failed States, The Geneva Conventions and International Law:
    10. Unwise counsel: the war on terrorism and the criminal mistreatment of detainees in U.S. custody David Bowker
    11. Rethinking the Geneva Conventions Lee Casey and David Rivkin
    12. The disappearing state David D. Caron
    13. War not crime William H. Taft IV
    Part III. On Torture:
    14. Panel discussion - torture: the road to Abu Ghraib and beyond Burt Neuborne, Dana Priest, Samuel Rascoff, Anthony Lewis, Joshua Dratel, Major Michael Dan Mori and Stephen Gillers
    15. Legal ethics and other perspectives Jeffrey Shapiro
    16. Legal ethics: a debate Stephen Gillers
    17. Lawyers know sin: complicity in torture Christopher Kutz
    18. Renouncing torture Michael Dorf
    19. Reconciling torture with democracy Deborah Pearlstein
    Part IV. Afterword:
    20. Litigating torture: the German Criminal Prosecution Michael Ratner and Peter Weiss
    21. Ugly Americans Noah Feldman
    Part V. Relevant Documents:
    22. Uncharted legal territory - RE:
    1949 Geneva Conventions: the President's decisions under International Law William Taft IV to William Haynes, March 22, 2002
    23. The 'torture' memo - RE: standards of conduct for interrogation Jay Bybee to Alberto Gonzales August 1, 2002
    24. Redefining torture Memo - RE: Legal standards Applicable Daniel Levin to James B. Comey, December 30, 2004
    Part VI. Afterthought: To the American People: Report upon the Illegal practices of the United States Department of Justice Zechariah Chafee, Felix Frankfurter, Ernst Freund, Roscoe Pound, et al. May 1920.

  • Editor

    Karen J. Greenberg, New York University
    Karen J. Greenberg is the executive director of the Center on Law and Security at the New York University School of Law. She has a Ph.D. in American political history from Yale and teaches in the European Studies Department at NYU. She is a former Vice-President of the Soros Foundations/Open Society Institute and the founding director of the Program in International Education. She is a member of the Council on Foreign Relations and the author of numerous articles on the United States and Europe during World War II and an editor of the Archives of the Holocaust, Columbia University Series. She is the co-editor of the recently published The Torture Papers: The Road to Abu Ghraib.

    Contributors

    Karen J. Greenberg, David Luban, Heather MacDonald, Andrew McCarthy, Joshua Dratel, Stephen Holmes, Scott Horton, Richard Bilder, Detlev Vagts, Jeremy Waldron, Joyce Dubensky, Rachel Lavery, David Bowker, Lee Casey, David Rivkin, David D. Caron, William H. Taft IV, Burt Neuborne, Dana Priest, Samuel Rascoff, Anthony Lewis, Major Michael Dan Mori, Stephen Gillers, Jeffrey Shapiro, Christopher Kutz, Michael Dorf, Deborah Pearlstein, Michael Ratner, Peter Weiss

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