July 21, 2015

A Review Essay of David Luban's Torture, Power, and Law

Milan Markovic, Texas A&M University School of Law, is publishing Of Monsters and Lawyers in Criminal Justice Ethics. Here is the abstract.
This is a review essay of David Luban's important and prescient new book, Torture, Power, and Law. The review essay focuses on two of Luban's central arguments: The fallacious trade-off between civil liberties and national security after the 9/11 attacks and the manipulation of anti-torture law by Bush administration lawyers. Although I largely agree with Luban's analysis, I contend that the "coercive interrogation program" and other war on terror policies cannot be fully understood without considering anti-Muslim attitudes in the United States. I also question whether, in analyzing the ethics of government lawyers, the distinction between frivolous and non-frivolous legal positions is as marked as Luban suggests.
Download the review essay from SSRN at the link.

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