David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Ezio Di Nucci
Jack Alan Reynolds
Learn more about PhilPapers
Law and Philosophy 30 (1):77-103 (2011)
Jeremy Waldron argued that the government lawyers responsible for the ‘torture memos’ acted unprofessionally by undermining the prohibition on torture. He did so partly on the basis that that the torture prohibition represents a ‘legal archetype’ which cannot be undermined without doing considerable harm to large bodies of law. This paper argues that, however much intuitive appeal Waldron’s archetype-based analysis may have, its force is inherently limited. This is so for two reasons. First, the claim that the torture prohibition is an archetype for non-brutality can only make a meaningful difference to the integrity of the legal order insofar as ‘brutality’ is understood widely. Waldron, though, reads ‘brutality’ in a narrow fashion. Second, and more importantly, the claim that archetypes are uniquely important to legal reasoning and the legal order is deeply problematic
|Keywords||Philosophy Logic Political Science Social Sciences, general Law Theory/Law Philosophy Philosophy of Law|
|Categories||categorize this paper)|
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library|
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Jeremy Waldron (2002). God, Locke, and Equality: Christian Foundations of John Locke's Political Thought. Cambridge University Press.
Yuval Ginbar (2010). Why Not Torture Terrorists?: Moral, Practical, and Legal Aspects of the 'Ticking Bomb' Justification for Torture. OUP Oxford.
Nomi M. Stolzenberg & Gideon Yaffe (2006). Waldron's Locke and Locke's Waldron: A Review of Jeremy Waldron's God, Locke, and Equality. [REVIEW] Inquiry 49 (2):186 – 216.
Jeremy Waldron (1999). The Dignity of Legislation. Cambridge University Press.
Andrew Mumford (2012). Minimum Force Meets Brutality: Detention, Interrogation and Torture in British Counter-Insurgency Campaigns. Journal of Military Ethics 11 (1):10-25.
A. Kavanagh (2003). Participation and Judicial Review: A Reply to Jeremy Waldron. [REVIEW] Law and Philosophy 22 (5):451-486.
Dale Smith (2001). Disagreeing with Waldron: Waldron on Law and Disagreement. Res Publica 7 (1):57-84.
James Franklin (2009). Evidence Gained From Torture: Wishful Thinking, Checkability, and Extreme Circumstances. Cardozo Journal of International and Comparative Law 17:281-290.
Jeremy Waldron (1999). Law and Disagreement. Oxford University Press.
Shunzo Majima (2012). Just Torture? Journal of Military Ethics 11 (2):136-148.
Jeremy J. Waldron (2005). Legislation. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.
Added to index2010-11-18
Total downloads15 ( #238,276 of 1,796,357 )
Recent downloads (6 months)3 ( #282,648 of 1,796,357 )
How can I increase my downloads?