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Should coercive interrogation be legal?

Author: Eric A Posner; Adrian Vermeule; University of Chicago. Law School.
Publisher: [Chicago, Ill.] : Law School, the University of Chicago, [2005]
Series: Public law and legal theory working paper, no. 84.
Edition/Format:   eBook : Document : English
Database:WorldCat
Summary:
"Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is  Read more...
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Details

Material Type: Document, Internet resource
Document Type: Internet Resource, Computer File
All Authors / Contributors: Eric A Posner; Adrian Vermeule; University of Chicago. Law School.
OCLC Number: 124041262
Notes: Cover title.
"March 2005."
Title from homepage, University of Chicago Law School (viewed on).
Reproduction Notes: Electronic reproduction. Chicago, Ill. : Law School, University of Chicago, 2006. Available via the World Wide Web.
Description: 39 p.
Details: Mode of access: World Wide Web.
Series Title: Public law and legal theory working paper, no. 84.
Responsibility: Eric A. Posner and Adrian Vermeule.

Abstract:

"Most academics who have written on coercive interrogation believe that its use is justified in extreme or catastrophic scenarios but that nonetheless it should be illegal. They argue that formal illegality will not prevent justified use of coercive interrogation because government agents will be willing to risk criminal liability and are likely to be pardoned, acquitted, or otherwise forgiven if their behavior is morally justified. This outlaw and forgive approach to coercive interrogation is supposed to prevent coercive interrogation from being applied in inappropriate settings, to be symbolically important, and nonetheless to permit justified coercive interrogation. We argue that the outlaw and forgive approach rests on questionable premises. If coercive interrogation is ever justified, and the benefits outweigh the risks of error and unintended consequences, it should be legal, albeit strictly regulated. The standard institutional justifications for outlaw and forgive - rules/standards problems, slippery slopes, and symbolism - are unpersuasive."

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