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  3. The Prohibition of Torture in Exceptional Circumstances
  • Cited by 5
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    • Publisher:
      Cambridge University Press
      Publication date:
      05 September 2013
      29 August 2013
      ISBN:
      9781139344326
      9781107030794
      9781316603413
      DOI:
      https://doi.org/10.1017/CBO9781139344326
      Dimensions:
      (228 x 152 mm)
      Weight & Pages:
      0.55kg, 291 Pages
      Dimensions:
      (229 x 152 mm)
      Weight & Pages:
      0.43kg, 294 Pages
      • Subjects:
      Law, Human Rights, Politics and International Relations, International Relations and International Organisations
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    Subjects:
    Law, Human Rights, Politics and International Relations, International Relations and International Organisations
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    Book description

    Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional situations. She demonstrates how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture.

    Reviews

    'The great merit of this book is that its real focus is the surreal nature of the debate itself and, by seeking to move beyond it, aims to relocate that debate … an important contribution to a debate that is not going to go away and it has important implications for the manner in which that debate is to be conducted.'

    Malcolm Evans Source: International and Comparative Law Quarterly

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