Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

2006

Cornell Law Faculty Publications

International Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde Nov 2006

Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde

Cornell Law Faculty Publications

American legal discourse on torture takes for granted some, usually all, of the following propositions, that make discussion of torture more difficult than it should be. Torture is assumed to present unusually difficult problems of definition, full of vague concepts, fine lines, gray areas, murky moral dilemmas, "dirty hands." This vagueness is thought to be even more of a problem for the attendant concept of "cruel, inhuman, and degrading treatment." The legal sources of either prohibition are assumed to be dubious under American law. Prohibiting torture is, perhaps for these reasons, thought to require moral justification not necessarily required of ...


Review Essay: The Limits Of Their World, Robert C. Hockett Jun 2006

Review Essay: The Limits Of Their World, Robert C. Hockett

Cornell Law Faculty Publications

I take a recent monograph on international law, Jack Goldsmith & Eric Posner's "Limits of International Law," as case study in a more general inquiry into the limitations of rational choice and game theoretic accounts of international law. I argue that international law is irreducibly normative in character, and that the task before us is to ensure that it gives expression to the right norms, not to pretend that it gives expression to no norms at all.