Suchergebnisse

Cover -- Title Page -- Copyright Page -- CONTENTS -- PREFACE -- INTRODUCTION -- An Overview of the Argument -- A NOTE TO THE READER -- PART I. PROBLEMS OF CONSCIENCE: TRADE IDIOMS AND MORAL IDIOMS -- 1. THE CASE OF THE WICKED UNCLE -- 2. LAWYERS AGAINST THE LAW -- Realism and Partisanship -- The Refutation of Realism -- The Mistrust of Reason: Dr. Faust -- The Mistrust of Reason: Dr. Johnson -- 3. THE MORAL AUTHORITY OF LAW -- The Obligation to Obey the Law -- Respect for Law as Respect for Our Fellows -- The Generality Requirement -- 4. ENTER THE ADVERSARY SYSTEM -- Nonaccountability: Professor Freedman and Lord Brougham -- Institutional Excuses -- What the Adversary System Is -- Criminal and Civil Paradigms -- 5. WHY HAVE AN ADVERSARY SYSTEM? -- Consequentialist Justifications of the Adversary System -- Nonconsequentialist Justifications of the Adversary System -- The Real Reason for the Adversary System -- An Example: The West German Procedural System -- 6. THE PROBLEM OF ROLE MORALITY 104 -- Role Morality and Common Morality -- The Role Theorist's Explanation -- Morality as a Metaphysics of the Self -- The Structure of "My Station and Its Duties, -- Objections to "My Station and Its Duties, -- A Fresh Start -- 7. THE STRUCTURE OF ROLE MORALITY -- The Fourfold Root of Sufficient Reasoning -- Two Patterns of Institutional Excuse -- How Our Analysis Differs from "My Station and Its Duties, -- Is It Too Much to Ask? -- The Division of Labor and the Morality of Acknowledgment -- 8. THE OPPORTUNITY IN THE LAW -- Some Casuistical Examples -- The Standard Conception Repudiated -- Implications for the Codes -- Moral Activism -- The Lawyer for a Principle -- The Lawyer for the Damned (The Devil and Daniel Webster) -- The Lysistratian Prerogative -- The People's Lawyer -- PART II. PROBLEMS OF CONSCIENCE: KEEPING CONFIDENCES

This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable

AbstractThis essay examines the similarities, but even more the dissimilarities, between (nonrevisionist) just war theory and the laws of war. The similarities are obvious: both just war theory and the laws of war distinguish jus ad bellum from jus in bello, and incorporate the principles of distinction, proportionality, and necessity. The dissimilarities derive from the special character of law. Law needs binary, yes-no standards for drawing lines, for example between armed conflict and lesser forms of violence. Laws come in packages (regimes), so that changing only one law is not always practicable. And legal propositions, unlike philosophical propositions, are often detachable from their reasons and applied in unexpected and unwelcome ways. This is especially important in the stresses of battle, when rules of warfare must be usable "off the shelf" by middle- or lower-ranked personnel with no opportunity for bespoke deliberation. The essay provides contemporary illustrations of these differences.