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    Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the Ticking Bomb Justification for Torture (Paperback) By (author) Yuval Ginbar

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    DescriptionThis book addresses a dilemma at the heart of counter-terrorist policy: is it ever justifiable to torture terrorists in order to save the lives of others, the so-called 'ticking bomb' scenario? The book opens with an analysis of the pure moral argument from the standpoint of the individual as torturer. It then looks at the issues that arise once a state has decided to sanction torture in certain situations: how to establish factually that the situation is urgent, deciding who to torture, training people to carry out torture, and the efficacy of torture as a means of gathering information. The final part examines attempts to operate legal systems which tolerate torture; how they relate to the criminal law notion of necessity and to international human rights norms. After examining the utilitarian arguments for torture, and the impact on a society of permitting torture, the author presents a powerful argument for maintaining the absolute legal prohibition.


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    Title
    Why Not Torture Terrorists?
    Subtitle
    Moral, Practical, and Legal Aspects of the Ticking Bomb Justification for Torture
    Authors and contributors
    By (author) Yuval Ginbar
    Physical properties
    Format: Paperback
    Number of pages: 480
    Width: 155 mm
    Height: 234 mm
    Thickness: 26 mm
    Weight: 713 g
    Language
    English
    ISBN
    ISBN 13: 9780199571239
    ISBN 10: 0199571236
    Classifications

    Warengruppen-Systematik des deutschen Buchhandels: 27780
    BIC E4L: POL
    B&T Book Type: NF
    Nielsen BookScan Product Class 3: T7.5
    BIC subject category V2: JPWL, JPVH
    Libri: I-PL
    Ingram Subject Code: PL
    B&T Merchandise Category: POD
    B&T General Subject: 490
    BISAC V2.8: POL035010, LAW013000, POL037000
    LC subject heading:
    DC22: 172.2
    BISAC V2.8: LAW051000
    BIC subject category V2: LNFV
    LC subject heading: , , , ,
    LC classification: KZ7220 .G56 2010
    LC subject heading: , ,
    Thema V1.0: JPVH, JPWL, LNFV
    Illustrations note
    black & white illustrations
    Publisher
    Oxford University Press
    Imprint name
    Oxford University Press
    Publication date
    19 April 2010
    Publication City/Country
    Oxford
    Author Information
    Yuval Ginbar serves as a legal adviser to Amnesty International and a senior adviser to the Public Committee Against Torture in Israel.
    Review quote
    Ginbar does a splendid job of revealing the weakness of the arguments he encounters,and...manages very effectively to destroy the TBS...Anyone who employs the TBS in future without starting their analysis from where Ginbar ends will not deserve to be taken seriously. International law, human rights and ethics Ginbar's book is an important contribution to the literature on torture. it is lucidly written; thoroughly researched and it provides a challenge to what I believe to be the dominant view, namely the view that the infliction of torture is sometimes permissable or even obligatory. A paperback edition of the book was published in February 2010, which contains an updating chapter, covering recent-or more recent-developments in the United States, Israel and elsewhere. Public Law Journal Issue 3 The so-called "ticking bomb" scenario is one of the more intriguing dilemmas in International Law. This book-length analysis of its comprehensive underpinnings is thus a welcome addition to the literature ASIL
    Table of contents
    Foreword ; Introduction ; PART I: PRIVATE MORALITY: IS IT MORALLY JUSTIFIABLE FOR AN INDIVIDUAL TO TORTURE A TERRORIST IN ORDER TO SAVE MANY INNOCENT LIVES? ; 1. Introduction ; 2. The wider moral Issue: Do consequences or 'no go areas' determine what is ethical in an extreme situation? ; 3. Consequentialist argument for torturing in a ticking bomb situation ; 4. The minimal absolutist approach I: anti-absolutism as morally untenable ; 5. The minimal absolutist approach II: Arguments for an absolute prohibition on torture ; PART II: PUBLIC, PRACTICAL MORALITY: IS IT MORALLY JUSTIFIABLE FOR A STATE TO TORTURE IN ORDER TO SAVE MANY INNOCENT LIVES? ; 6. Introduction ; 7. Is there a 'public morality' that is distinct from 'private morality'? ; 8. 'Slippery slope' and other dangers ; PART III: LEGALISING TORTURE 1 - FOUR MODELS ; 9. Introduction ; 10. The Landau model in Israel ; 11. The 'torture warrants' model ; 12. Israel's High Court of Justice model ; 13. The USA's 'high value detainees' model ; PART IV: LEGALISING TORTURE 2 - THREE ISSUES ; 14. Introduction ; 15. Is it (internationally) legal? Is it torture? ; 16. The 'defence of necessity' model as legal grounds for torture ; PART V: CONCLUSIONS