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Ours is an age of paradox. In science we are daily reaching ever greater achievements, overcoming time and space "and now nothing will be restrained from [us], which [we] have imagined to do." We are literally reaching "unto Heaven." These achievements in science are in large measure due to our ability to free ourselves of attachment to concrete "thinghood" and to advance toward ever greater abstraction. By contrast, in the humanities, in ethics, and in law, we are still deeply ingrained in a world of "things," of the concrete and tangible, although a tendency toward abandonment of this orientation is increasingly noticeable. Personality values not tied to external, visible and tangible objects are emerging very slowly. In international law this process lags behind that observable in national legislation. Thus, for example, while spying on another state in the course of an authorized stay therein is widely practiced, there is deep resentment when the wrong consists in a wrongful "touching" of the territory of another state, for this violates "sovereignty" in an "immediate" rather than "consequential" manner, "sovereignty" being apparently conceived of as a physical entity rather than as the realm of a people's privacy. This is reminiscent of early legal notions, such as the view that an action of trespass will lie only when there has been some direct physical contact, however slight, of the defendant with the body or property of the plaintiff, a view clearly rooted in belief in the magic of touching. A similarly "thinghood-bound" conception of international law is reflected in the recent United Nations Security Council resolution censuring Israel for the capture of Eichmann.

"This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest. We often think of violent protest as being alien to liberal democracy, an extraordinary occurrence within our peaceful societies. Yet this is simply untrue. Violent protest is a frequent and normal part of democratic life. The real question is: should it be? Can rebellion or riot against government ever be morally justifiable in our society? By framing state demands for obedience as 'legitimacy claims', or moral arguments, states who make illogical and unjust laws make weaker arguments for obedience. This in turn gives citizens stronger moral reasons to disobey. Violence can act as moral dialogue - with expressive and instrumental value in denouncing unjust laws - and can have just as important a role in democracy as peaceful protest. This book examines the activism of Hong Kong pro-democracy protesters, Extinction Rebellion, Black Lives Matter, and many other groups internationally, in order to demonstrate that not only can violent protest be acceptable; at times of grave injustice, it is unavoidable. This book will appeal to a broad range of academics, in legal and political theory, sociolegal studies, criminology, history and philosophy, as well as others with interests in contemporary forms of protest"--

This text develops a comprehensive discussion regarding the legality of torture and the efficacy of interrogation. Scientific research has concluded that torture is not effective. So, what interrogational methods are effective and how does one deploy those methods in such a way that is consistent with law and morality?

Foreword / Nils Melzer, UN Special Rapporteur on Torture -- Introduction : Legal, Moral and Effective Interrogation / Steven J. Barela. Jens David Ohlin -- Defining Torture and the Obligation of Systematic Review in the CAT Treaty / Manfred Nowak, Giuliana Monina -- Personality Disruption as Mental Torture : The CIA, Interrogational Abuse, and the U.S. Torture Act / David Luban, Katherine S. Newell -- The Field of Torture Today : Ten Years On from Torture and Democracy / Darius Rejali -- The HIG Project : The Road to Scientific Research on Interrogation / Mark Fallon, Susan E. Brandon -- Developing Rapport and Trust in the Interrogative Context : An Empirically-Supported Alternative / Laure Brimbal, Steven M. Kleinman, Simon Oleszkiewicz, Christian A. Meissner -- Investigative Interviewing : From England to Norway and Beyond / Ray Bull, -- Asbjørn Rachlew -- Interrogating the Brain: Torture and the Neuroscience of Humane Interrogation / Shane O'Mara -- Professional Standards in the Aftermath of Torture : The Struggles of the American Psychological Association / Stephen Soldz, Steven Reisner -- What Can Be Asked of Interrogators? / Michael Skerker -- Beyond Ethics on the Sly : The Behavioral Sciences & National-Security Interrogation / M. Gregg Bloche -- Cycles of Compulsion : Efficacy and Legality in the History of Israeli Torture Debates and Practice / Karin Loevy -- A Qualified Defense of the Obama Administration's Record on Torture / John T. Parry -- Unmasking the Challenges : Interrogation and International Law / Gloria Gaggioli, Pavle Kilibarda -- Torture, Dignity and the Rule of Law / J.M. Bernstein -- Justifying Too Much : Utilitarianism as a Moral Theory / Bob Brecher -- Reclaiming Bentham on Torture / Steven J. Barela -- Preventing Torture : What Works? / Mark Thomson, Barbara Bernath -- Repairing the Damage from Illegal Acts of State : The Costs of Failed Accountability in the U.S. / Claire Finkelstein, Steve Xenakis -- Drinking from a Poisoned Chalice : A Portrait of the U.S. Military Commissions at Guantánamo / John G. Baker, Mary E. Spears, Katherine S. Newell -- Setting Universal Standards for Non-Coercive Interviews and Associated Safeguards / Juan E. Méndez, Andra Nicolescu -- Afterword : The Corrosive Strategic Legacy of Torture / Alberto Mora

"This book provides a survey of important topics arising out of the interaction of law and morality, primarily within the American legal tradition. Its focus is on an examination of relevant case law. The book is divided into three sections: Theory: Some general theories of the relation between law and morality; Method: How the law attempts to deal with evolving issues of law and morality using the common law and the ethical and procedural norms of judicial reasoning; Practice: A survey of topics where case law is seen as a response to controversial moral conflicts that arise within American culture and social life." --

Intro -- Contents -- Criminal Law and Morality Revisited: Interdisciplinary Perspectives -- References -- Criminal Law and Morality: Historical Perspectives -- The Rise of Ethical Reproach in Spanish Late Scolasticism -- 1 Purpose of Penalty, Notion of Guilt and Ethical Blame in Today's Discussion -- 2 The Free-of-Blame Medieval Term of the "Punishment" -- 3 Arising of the Idea of Sin Punishment -- 4 The Notion of Sin Penalty -- 5 The Ethical Reproach of the Criminal Law -- 6 Is the Ethical Blame to be Abolished in Criminal Law? -- Primary Literature -- Liberties, Rights and Punishments in Modern Natural Law -- 1 Introduction -- 2 The Changes in the Concept of Law -- 3 Romanist Criminal Law -- 4 The Criminal Law of Modern Iusnaturalism -- 5 Conclusions -- References -- Roman Dutch Criminal Law and Calvinism: Calvinist Morality in De Criminibus (1644) of Antonius Matthaeus II -- 1 Introduction -- 2 Calvinism Versus Arminianism -- 3 Calvinist Morality in Antonius Matthaeus II's De Criminibus (1644) -- 3.1 Punishing Crimes in Accordance with the Decalogue -- 3.2 Punishment as Retributive Justice and the Rejection of Torture -- 3.3 Defining Crimes: Abortion and Adultery -- 3.4 States, Divine Law and Religious Freedom -- 3.5 Religion, Morals and Criminal Law: The Courts of Heaven and Earth -- 4 Conclusions -- References -- The Role of Nature in the Secularization of Criminal Law in Europe (17th-19th Centuries) -- 1 Introduction: The Myth of an Enlightened Criminal Law Without Morality -- 2 The Role of Nature in the Secularization Process of Criminal Law -- 2.1 Criminal Law, Nature and Morality in the 17th Century -- 2.2 Criminal Law, Nature and Morality in the 18th Century -- 2.3 Criminal Law, Nature and Morality in the 19th Century -- 3 Concluding Considerations -- References.