Liberalism, Torture, and the Ticking Bomb

Luban, David

doi:10.1007/978-1-4020-4678-0_15

Cited by 79 publications

(52 citation statements)

References 19 publications

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“…There are close parallels in the many shifts in law sanctioning violent state practices that took place during the Northern Ireland conflict. That is most obviously evident in the way the legal reframing of the British state's torture used against the 'hooded men' as 'cruel and degrading treatment' provided a 24 'loophole exploited by US torture lawyers' (Luban 2005(Luban , 1458. But there are other parallels too, more closely concerned with the story of collusion.…”

Section: Resultsmentioning

confidence: 99%

Informers, agents and the liberal ideology of collusion in Northern Ireland

McGovern

2016

Critical Studies on Terrorism

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Section: Resultsmentioning

confidence: 99%

Informers, agents and the liberal ideology of collusion in Northern Ireland

McGovern

2016

Critical Studies on Terrorism

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“…The same holds for ethics. Thus, the "Ticking Time Bomb" scenario is used to argue that utilitarian ethics justifies torture (Luban 2005). And, just because someone may prostitute themselves if promised that in exchange their spouse's life will be spared, that does not mean that everyone has a price, or that everyone is willing to prostitute themselves.…”

Section: The Outlier Fallacymentioning

confidence: 99%

Happiness is the Wrong Metric

Etzioni

2018

Library of Public Policy and Public Administration

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Around the world there are challenges to the way we administer government. Some of these have to do with brute force that is backed by self-interest. However, there are those intrepid souls who think we are all better than this. This series of monographs and edited collections of original essays seeks to explore the very best way that governments can execute their sovereign duties within the sphere of ethicallybased public policy that recognizes human rights and the autonomy of its citizens.Proposals to the series can include policy questions that are nationally or internationally situated. For example, regional migration from victims of war, terrorism, police integrity, political corruption, the intersection between politics and public health, hunger, clean water and sanitation, global warming, treatment of the "other" nationally and internationally, and issues of distributive justice and human rights.Proposals that discuss systemic changes in the structure of government solutions will also be considered. These include corruption and anti-corruption, bribery, nepotism, and effective systems design.Series benchmark: 110,000-150,000 words. Special books can be somewhat longer.More information about this series at

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“…The Public Committee Against Torture in Israel petitioned the Court hundreds of times since 1999 concerning prolonged incommunicado detention, which is a common practice in GSS interrogations (The Public Committee Against Torture in Israel and Nadi Al-Asir: Palestinian Prisoner Society, 2010). 'Once we create a torture culture, only the naive would suppose that judges will provide a safeguard' (Luban, 2005(Luban, : 1452. Despite the 1999 ruling, cruel, inhumane, and degrading interrogation techniques are routinely practiced and sanctioned in Israel.…”

Section: The Jurisprudence Of Occupationmentioning

confidence: 99%

Activism and Legitimation in Israel’s Jurisprudence of Occupation

Sultany

2014

Social & Legal Studies

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Colonial law need not exclude the colonized in order to subordinate them, and ‘activist’ courts can advance the effect of subordination no less than ‘passive’ courts. As a case study, this article examines the jurisprudential legacy of the Israeli Supreme Court in the context of the prolonged Israeli occupation of Palestine. Applying insights from legal realist, law and society, and critical legal studies scholarship, the article questions the utility of using the activist and passive labels. It illustrates how the Israeli activist court, through multiple legal and discursive moves, has advanced and legitimated the colonization of Palestine; that the court is aware of its role; and that arguments that focus on the court’s informal role do not mitigate this legitimating effect. Unlike other scholars, the article shows that the Israeli court’s role—by extending the power of judicial review to the military’s actions in the occupied areas—is neither novel nor unique or benevolent, as the British colonization of India and the US colonization of Puerto Rico show.

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Liberalism, Torture, and the Ticking Bomb

Cited by 79 publications

References 19 publications

Informers, agents and the liberal ideology of collusion in Northern Ireland

Informers, agents and the liberal ideology of collusion in Northern Ireland

Happiness is the Wrong Metric

Activism and Legitimation in Israel’s Jurisprudence of Occupation

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