header-logo header-logo

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

A tortured debate

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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll