PHM 2204 Lecture 22

PHM 2204 Lecture 22 - PHM 2204 David Copp RICHARD POSNER ON...

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PHM 2204 Fall, 2007 David Copp Lecture 22 RICHARD POSNER ON THE CONSTITUTIONALITY OF TORTURE 1. What is Torture? * there are various methods of interrogation, some more coercive than others, some more (physically) painful than others, some involving more “offensive touching” than others, some more psychologically invasive than others, etc. * Posner: we can order these methods on a scale or continuum ranging from the less to the more painful and from less to more on the other dimensions and that we will call a method “torture” when it is deeply offensive or induces revulsion. * Posner: “The word ‘torture’ lacks a stable definition” (T, 291) although, “as a matter of linguistic usage,” coercive interrogation is torture just if it involves the infliction of pain or the use of “deeply offensive” touching or other methods that induce “revulsion.” (T, 291-2) * BUT: Recall United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment” – see lecture 17 -- torture: “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as. ..” 2. Posner and the constitutionality of torture
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This note was uploaded on 05/31/2008 for the course PHM 2204 taught by Professor Copp during the Spring '07 term at University of Florida.

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PHM 2204 Lecture 22 - PHM 2204 David Copp RICHARD POSNER ON...

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