February 2006 Vol. 104 No. 4 THE REVIEW

Should Coercive Interrogation Be Legal?

Eric A. Posner & Adrian Vermeule

Coercive interrogation is now a live subject, thanks to 9/11. At one time, coercive interrogation played a role only in philosophical disputes about consequentialism, in which scholars asserted or denied that the police could interrogate an individual in order to extract the location of a ticking nuclear bomb. None of the participants in those debates seriously considered the possibility that coercive interrogation could be justified except in extreme circumstances never likely to be met. Today, U.S. officials appear to engage in coercive interrogation or something very similar to it; so do other western governments; and the possibility that coercive interrogation may be justified in nonremote circumstances has entered mainstream debate. The task for legal scholars at this point is to understand how this practice fits into legal norms and traditions, and how it ought to be regulated.

   //  VIEW PDF
& Other Current Events

Speedy Trial as a Viable Challenge to Chronic Underfunding in Indigent-Defense Systems

Across the country, underresourced indigent-defense systems create delays in taking cases to trial...

A Blended Approach to Reducing the Costs of Shareholder Litigation

Multiforum litigation and federal securities law class actions impose heavy costs on corporations and...

The Scope of Precedent

The scope of Supreme Court precedent is capacious. Justices of the Court commonly defer to sweeping rationales...

Reinventing Copyright and Patent

Intellectual property systems all over the world are modeled on a one-size-fits-all principle. However...

Protecting Whistleblower Protections in the Dodd-Frank Act

In 2008, the United States fell into its worst economic recession in over seventy years. In response,...
MAILING LIST
Sign Up to Join Our Mailing List