TY  - JOUR
PY  - 2007//
TI  - Torture and an Ethics of Responsibility
JO  - Law, culture and the humanities
A1  - Gross, O.
SP  - 35
EP  - 54
VL  - 3
IS  - 1
N2  - May torture ever be morally or legally justified or excused? This article argues that an absolute legal ban on torture ought to be maintained. However, in truly   catastrophic cases the appropriate method of tackling extremely grave national dangers and threats may call for going outside the legal order. The way to deal with the "extreme" or "catastrophic" case is neither by ignoring it nor by using it as the center-piece for establishing general, ex ante, policies. Rather, the focus is on the possibility that truly exceptional cases may give rise to official disobedience: Public officials may act extra-legally and be ready to accept the legal ramifications of their actions.<p />
LA  - 
SN  - 1743-8721
UR  - http://dx.doi.org/10.1177/1743872107073236
ID  - ref1
ER  -