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Legal Commentary

: Balkinization

Bernard Harcourt on the bureaucratization of torture

By Jack M. Balkin

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Bernard Harcourt has an excellent posting on the University of Chicago Law School blog site relating the newly disclosed memos to arguments made by Eric Posner and Adrian Vermeule in behalf of more-or-less bureaucratizing the infliction of torture. Harcourt argues, I think quite convincingly, that the memos demonstrate the advisability of sticking with ex post necessity defenses for those extremely rare instances when we might want to exculpate a torturer, as agianst trying to construct an ex ante process. In any case, anyone interested in the debate should read the post.

Full post as published by Balkinization on April 22, 2009 (boomark / email).

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