The End of Reciprocity: Terror, Torture, and the Law of War

ISBN-13: 9780521513517 / Angielski / Twarda / 2009 / 676 str.

Mark Osiel

Opis

Why should America restrain itself in detaining, interrogating, and targeting terrorists when they show it no similar forbearance? Is it fair to expect one side to fight by more stringent rules than the other, placing itself at disadvantage? Is the disadvantaged side then permitted to use the tactics and strategies of its opponent? If so, then America's most controversial counterterrorism practices are justified as commensurate responses to indiscriminate terror. Yet different ethical standards prove entirely fitting, the author finds, in a conflict between a network of suicidal terrorists seeking mass atrocity at any cost and a constitutional democracy committed to respecting human dignity and the rule of law. The most important reciprocity involves neither uniform application of fair rules nor their enforcement by a simple-minded tit-for-tat. Real reciprocity instead entails contributing to an emergent global contract that encompasses the law of war and from which all peoples may mutually benefit.

Recenzje

'Mark Osiel's The End of Reciprocity: Terror, Torture, and the Law of War provides detailed discussions of a number of important moral and legal issues arising for the United States in its ongoing response to the threats posed by the Al Qaeda terrorist network … Osiel offers a distinctive and provocative view on these issues, and displays a wide knowledge of relevant literature in a number of fields, including international law, philosophy, sociology and cultural studies. As such, the book ought to be of interest to a wide audience.' Criminal Law and Philosophy

Spis treści

Introduction; Part I. Reciprocity in Humanitarian Law: 1. Reciprocity in the law of war: ambient sightings, ambivalent soundings; 2. Reciprocity in humanitarian law: acceptance and repudiation; 3. Humanitarian vs. human rights law: the coming clash; Part II. The Ethics of Torture as Reciprocity: 4. Is torture uniquely degrading? The unpersuasive answer of liberal jurisprudence; 5. Fairness in terrorist war (1): Rawlsian reciprocity; 6. Fairness in terrorist war (2): Kantian reciprocity; 7. Humanitarian law as corrective justice: do targeted killing and torture 'correct' for terror?; Part III. Reciprocity in the Social Science of War: 8. Reciprocity as civilization: the terrorist as savage; 9. The inflationary rhetoric of terrorist threat: humanitarian law as deflationary check; 10. Reciprocity as tit-for-tat: rational retaliation in modern war; 11. The 'gift' of humanitarianism: soft power and benevolent signaling; Part IV. The End of Reciprocity: 12. Sources of national restraint in martial honor: the JAGs' intercession; 13. Sources of anti-reciprocity in national self-respect and transnational identity; Conclusion.