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Legal prohibitions against torture cannot prevent state violence
Despite Victor Hugo's 19th-century proclamation that torture no longer exists, we still find it even now, even in those nations that claim to be paradigms of civility. Why is it that torture still exists in a world where it is routinely regarded as immoral? Is it possible to eliminate torture, and if so, how? What exactly does it mean to call something 'torture', and is it always morally reprehensible? Arguments in favour of torture abound, but in this important new book, J. Jeremy Wisnewski examines and explains the moral dimensions of this perennial practice, paying careful attention to what lessons torture can teach us about our own moral psychology. By systematically exposing the weaknesses of the dominant arguments for torture, drawing on resources in both analytic and continental philosophy and relevant empirical literature in psychology, Wisnewski aims to provide an over-arching account of torture: what it is, why it's wrong, and why even the most civilized people can nevertheless engage in it.
This book presents an interdisciplinary approach to definition of torture by bringing together behavioral science and international law perspectives on torture. It is a collaborative effort by a group of prominent scholars of behavioral sciences, international law, human rights, and public health with internationally recognized expertise and authority in their field. It represents a first ever attempt to explore the scientific basis of legal understanding of torture and inform international law on various definitional issues by proposing a sound theory- and empirical-evidence-based psychological formulation of torture. Drawing on scientific evidence from the editor's 30 years of systematic research on torture, it proposes a learning theory formulation of torture based on the concept of helplessness under the control of others and offers an assessment methodology that can reduce the element of subjectivity in legal judgments in individual cases. It also demonstrates how this formulation can help understand the nature and severity of ill-treatments in different contexts, such as domestic violence and adverse conditions of penal confinement. Through a learning theory analysis of "enhanced interrogation techniques," it demonstrates not only why these techniques constitute torture but also how they help us understand the contextual defining characteristic of torture in general. The proposed formulation implies a broader concept of torture than previously understood, provides scientific and moral justification for the evolving trends in international law towards a broader coverage of ill-treatments in contexts beyond official custody and points to new directions of expansion of the concept. With a focus on the concepts of shame and humiliation and their evolutionary origin, the book explains why inhuman or degrading treatments can cause as much pain or suffering as physical torture. Although treatment issues are not covered, the book sheds light on potentially effective treatment approaches by offering important insights into psychology of torture.
A comprehensive look at torture, this book examines societal understanding of its use, how we got here, and how it might be regarded in the future. Torture and Enhanced Interrogation: A Reference Handbook begins with an overview of the history of torture, beginning in Ancient Greece and continuing to Guantanamo Bay and beyond. After grounding the reader in the historical fundamentals, the work goes on to examine the key controversies that surround the use of torture, including but not limited to whether it should be used at all as an aid to interrogation or to procure testimony. Then, the book presents the views of several outside contributors with personal experience or special expertise in the area. The book achieves a balance of profiles of those persons and organizations that have played a role in the development of our understanding of torture, a data and documents section, and an annotated bibliography for future research, as well as an event timeline and glossary of key terms. This volume is aims to present facts in as objective a way as possible while providing readers with the resources they need for further study.
"John Parry's Understanding Torture is an important contribution to our understanding of how torture fits within the practices and beliefs of the modern state. His juxtaposition of the often indeterminate nature of the law of torture with the very specific state practices of torture is both startling and revealing." ---Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and author of Sacred Violence "Parry is effective in building, deploying, and supporting his argument . . . that the law does not provide effective protections against torture, but also that the law is in itself constitutive of a political order in which torture is employed to create---and to destroy or re-create---political identities.” ---Margaret Satterthwaite, Faculty Director of the Center for Human Rights and Global Justice and Associate Professor of Clinical Law, NYU School of Law "A beautifully crafted, convincingly argued book that does not shy away from addressing the legal and ethical complexities of torture in the modern world. In a field that all too often produces simple or superficial responses to what has become an increasingly challenging issue, Understanding Torture stands out as a sophisticated and intellectually responsible work." ---Ruth Miller, Associate Professor of History, University of Massachusetts, Boston Prohibiting torture will not end it. In Understanding Torture, John T. Parry explains that torture is already a normal part of the state coercive apparatus. Torture is about dominating the victim for a variety of purposes, including public order; control of racial, ethnic, and religious minorities; and--- critically---domination for the sake of domination. Seen in this way, Abu Ghraib sits on a continuum with contemporary police violence in U.S. cities; violent repression of racial minorities throughout U.S. history; and the exercise of power in a variety of political, social, and interpersonal contacts. Creating a separate category for an intentionally narrow set of practices labeled and banned as torture, Parry argues, serves to normalize and legitimate the remaining practices that are "not torture." Consequently, we must question the hope that law can play an important role in regulating state violence. No one who reads this book can fail to understand the centrality of torture in modern law, politics, and governance. John T. Parry is Professor of Law at Lewis & Clark Law School.
Experts in the intelligence community say that torture is ineffective. Yet much of the public appears unconvinced: surveys show that nearly half of Americans think that torture can be acceptable for counterterrorism purposes. Why do people persist in supporting torture—and can they be persuaded to change their minds? In Tortured Logic, Erin M. Kearns and Joseph K. Young draw upon a novel series of group experiments to understand how and why the average citizen might come to support the use of torture techniques. They find evidence that when torture is depicted as effective in the media, people are more likely to approve of it. Their analysis weighs variables such as the ethnicity of the interrogator and the suspect; the salience of one’s own mortality; and framing by experts. Kearns and Young also examine who changes their opinions about torture and how, demonstrating that only some individuals have fixed views while others have more malleable beliefs. They argue that efforts to reduce support for torture should focus on convincing those with fluid views that torture is ineffective. The book features interviews with experienced interrogators and professionals working in the field to contextualize its findings. Bringing empirical rigor to a fraught topic, Tortured Logic has important implications for understanding public perceptions of counterterrorism strategy.
Hurt is Portland activist Kristian Williams' collection of articles and interviews on the history, psychology, and current state of torture in democratic societies. Williams, author of Our Enemies in Blue and American Methods: Torture and the Logic of Domination, has pulled together a vast and comprehensive resource on this abominable act. Articles include David Cunningham's “Prisons, Torture, and Imperialism,” a piece on the anarchist perspective taken from comments at the 2008 Anarchist Bookfair in San Francisco, and a great essay on writing about torture, among many others. This sober 64-page document is a heavy piece of work—dark, informative, and oft times harrowing. But it's also about working hard to intact change. As says Williams in the Gyozo Nehez interview, “At the outset, I think it's more important to have a sense of hope, that things can be different and through our actions we can contribute to that change. The joy comes later, from struggle itself as much as from victory.” Hurt is a how-to manual on fighting and understanding torture—a piece of the struggle itself.
Torture, Psychoanalysis and Human Rights contributes to the development of that field of study called ‘psycho-social’ that is presently more and more committed to providing understanding of social phenomena, making use of the explicative perspective of psychoanalysis. The book seeks to develop a concise and integrated framework of understanding of torture as a socio-political phenomenon based on psychoanalytic thinking, through which different dimensions of the subject of study become more comprehensible. Monica Luci argues that torture performs a covert emotional function in society. In order to identify what this function might be, a profile of ‘torturous societies’ and the main psychological dynamics of social actors involved – torturers, victims, and bystanders – are drawn from literature. Accordingly, a wide-ranging description of the phenomenology of torture is provided, detecting an inclusive and recurring pattern of key elements. Relying on psychoanalytic concepts derived from different theoretical traditions, including British object relations theories, American relational psychoanalysis and analytical psychology, the study provides an advanced line of conceptual research, shaping a model, whose aim is tograsp the deep meaning of key intrapsychic, interpersonal and group dynamics involved in torture. Once a sufficiently coherent understanding has been reached, Luci proposes using it as a groundwork tool in the human rights field to re-think the best strategies of prevention and recovery from post-torture psychological and social suffering. The book initiates a dialogue between psychoanalysis and human rights, showing that the proposed psychoanalytic understanding is a viable conceptualisation for expanding thinking of crucial issues regarding torture, which might be relevant to human rights and legal doctrine, such as the responsibility of perpetrators, the reparation of victims and the question of ‘truth’. Torture, Psychoanalysis and Human Rights is the first book to build a psychoanalytic theory of torture from which psychological, social and legal reflections, as well as practical aspects of treatment, can be mutually derived and understood. It will appeal to psychoanalysts, psychoanalytic psychotherapists and Jungians, as well as scholars of politics, social work and justice, and human rights and postgraduate students studying across these fields.
This volume collects Jeremy Waldron's challenging and influential work on the moral, political and legal issues surrounding the response to terrorism since 9/11. The volume will be essential reading for all those engaged with contemporary politics and security law, and the continuing struggle for an ethical response to terrorism.