Of Monsters & Lawyers

Document Type

Article

Publication Date

3-2015

Journal Title

Criminal Justice Ethics

ISSN

0731-129X

DOI

10.1080/0731129X.2015.1066139

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.

First Page

248

Last Page

257

Num Pages

19

Volume Number

34

Issue Number

2

Publisher

Taylor and Francis

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