header-logo header-logo

A tortured debate

24 January 2008 / Philip Rumney , Martin O’boyle
Issue: 7305 / Categories: Features , Public , Human rights , Constitutional law
printer mail-detail

Arguments in favour of legalised torture should not go unchallenged, say Philip Rumney and Martin O’Boyle

One could have anticipated many responses to our recent article discussing the torture debate (see 157 NLJ 7296, pp 1566–67), but Robert Spicer’s article (see 157 NLJ 7301, p 1761) stands alone in current discussions on the legalisation of torture for the purpose of preventing acts of terrorism. Spicer claims that it is “difficult to find any references in the legal press—including NLJ—to proposals for the legalisation of torture” and goes on to claim that: “There is not, and should not be, any such debate.”

 

In claiming there is no torture debate, Spicer ignores the work of Bagaric, Clarke, Posner and Vermeule cited in our original article, as well as a response to Bagaric and Clarke, written by one of the authors of this article (Rumney). Leaving aside this particular blind spot, Spicer has missed a huge body of work. Westlaw lists dozens of articles, most of them published in the US,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll