…Rights: Citizenship and Torture
…Perspectives on Evil, Law and the State
…John Parry & Welat Zeydanloglu
No one doubts that modern states are capable of great evil. Some claim that law can minimize or control the harms that governments cause. Yet the relationship among evil, law and the state is more complicated than such simple statements might suggest. Whether intended or not, legal doctrine and practice can and do cause harm, and sometimes law is an express tool for taking actions or achieving outcomes that can only be described as evil.
Rights, Citizenship and Torture provides an opportunity for addressing the problem of evil, law and the state from a variety of perspectives. The sixteen essays in this volume engage with several broad themes: ways of talking about evil in law; the problem of torture; issues surrounding rights, liberties and citizenship; speech; and the definitions, use and abuse of categories such as ethnicity, nationalism and cosmopolitanism. The result is a sustained interdisciplinary conversation about a series of topics that have clear contemporary resonance. Equally important, the analyses of and conclusions suggested by this broad and diverse group of writers also draw upon and engage with past controversies and will have continuing relevance to people in a variety of fields and professions.
Part 1: The Language of Evil
The Linguistics of Evil and Crime in the Courts, Media and Government
Part 2: Torture
Torture: Ticking Bombs and Slippery Slopes
Torture after Nuremburg: U.S. Law and Practice
Torture in Postcolonial India: Struggle within the Jurisprudence
Torture and Turkification in the Diyarbakir Military Prison
Part 3: Rights, Liberties, and Citizenship
The Balance of Evils: Evil, Law and State Surveillance
Susan N. Herman
Civil Liberty v. Collective Security
Protecting us from the Forces of Evil: Judicial and non-Judicial Detention in Australia
Government through Freedom: The Technology of the Life Cycle Arrangement
Part 4: Speech
The Criminalization of Speech in an Age of Terror
Shawn Marie Boyne
I Hate Everything About You – The Evil of Hate Speech Laws
Is Book-Burning Bad?
Theodore P. Seto
Part 5: Ethnicity, Nationalism, and Strangers
In Search of Protection: Indonesia’s “Janus Face” Toward the Chinese Minority
Benny D. Setianto
Rethinking the Stranger in a “World of Strangers”: Power Relations, Tolerance and Cosmopolitanism
International Law and Ethnic Conflicts in a World of Multi-Nation States: The Case of Chittagong Hill Tracts (CHT), Bangladesh
Part 6: Regulating Legitimate Violence
Coercion, the Neglected Quintessence of War
Jan F.W. van Angeren
Notes on Contributors
John T. Parry is Professor of Law at Lewis & Clark Law School, in Portland, Oregon, where he teaches constitutional law, criminal law, and civil rights litigation. His scholarly writing focuses on issues relating to state violence, and his book Understanding Torture: Law, Violence and Political Identity is forthcoming from University of Michigan Press.
Welat Zeydanloglu is a founding member of the Research Unit for Intercultural and Transcultural Studies (RUITS) at the Anglia Ruskin University, Cambridge, where he obtained his PhD in Cultural Studies in 2007. His main research interests and publications are in the area of postcolonial theory, politics of nation-building and modern Turkish and Kurdish history.