A story of institutionalized police brutality and how Chicago's public outcry led to long-lasting criminal justice reforms.
The malign and long-lasting influence of Chicago police commander Jon Burge cannot be overestimated, particularly as fresh examples of local and national criminal-justice abuse continue to surface with dismaying frequency. Burge’s decades-long tenure on the Chicago police force was marked by racist and barbaric interrogation methods, including psychological torture, burnings, and mock executions—techniques that went far “beyond the usual beating.” After being exposed in 1989, he became a symbol of police brutality and the unequal treatment of nonwhite people, and the persistent outcry against him led to reforms such as the abolition of the death penalty in Illinois.
But Burge hardly developed or operated in a vacuum, as Andrew S. Baer explores to stark effect here. He identifies the darkness of the Burge era as a product of local social forces, arising from a specific milieu beyond the nationwide racialized reactionary fever of the 1960s and 1970s. Similarly, the popular resistance movements that rallied in his wake actually predated Burge’s exposure but cohered with unexpected power due to the galvanizing focus on his crimes and abuses. For more than thirty years, a shifting coalition including torture survivors, their families, civil rights attorneys, and journalists helped to corroborate allegations of violence, free the wrongfully convicted, have Burge fired and incarcerated, and win passage of a municipal reparations package, among other victories. Beyond the Usual Beating reveals that though the Burge scandal underscores the relationship between personal bigotry and structural racism in the criminal justice system, it also shows how ordinary people held perpetrators accountable in the face of intransigent local power.
WOLA-Duke Book Award Finalist
In Blood and Capital: The Paramilitarization of Colombia, Jasmin Hristov examines the complexities, dynamics, and contradictions of present-day armed conflict in Colombia. She conducts an in-depth inquiry into the restructuring of the state’s coercive apparatus and the phenomenon of paramilitarism by looking at its military, political, and legal dimensions. Hristov demonstrates how various interrelated forms of violence by state forces, paramilitary groups, and organized crime are instrumental to the process of capital accumulation by the local elite as well as the exercise of political power by foreign enterprises. She addresses, as well, issues of forced displacement, proletarianization of peasants, concentration of landownership, growth in urban and rural poverty, and human rights violations in relation to the use of legal means and extralegal armed force by local dominant groups and foreign companies.
Hristov documents the penetration of major state institutions by right-wing armed groups and the persistence of human rights violations against social movements and sectors of the low-income population. Blood and Capital raises crucial questions about the promised dismantling of paramilitarism in Colombia and the validity of the so-called demobilization of paramilitary groups, both of which have been widely considered by North American and some European governments as proof of Colombian president Álvaro Uribe’s advances in the wars on terror and drugs.
Winner, 2015 LAJSA Best Book in Latin American Jewish Studies
The practices of interrogation, torture, and confession have resurfaced in public debates since the early 2000s following human rights abuses around the globe. Yet discussion of torture has remained restricted to three principal fields: the legal, the pragmatic, and the moral, eclipsing the less immediate but vital question of what torture does.Figurative Inquisitions seeks to correct this lacuna by approaching the question of torture from a literary vantage point.
This book investigates the uncanny presence of the Inquisition and marranismo (crypto-Judaism) in modern literature, theater, and film from Mexico, Brazil, and Portugal. Through a critique of fictional scenes of interrogation, it underscores the vital role of the literary in deconstructing the relation between torture and truth. Figurative Inquisitions traces the contours of a relationship among aesthetics, ethics, and politics in an account of the "Inquisitional logic" that continues to haunt contemporary political forms. In so doing, the book offers a unique humanistic perspective on current torture debates.
Roger Douglas compares responses to terrorism by five liberal democracies—the United States, the United Kingdom, Canada, Australia, and New Zealand—over the past 15 years. He examines each nation’s development and implementation of counterterrorism law, specifically in the areas of information-gathering, the definition of terrorist offenses, due process for the accused, detention, and torture and other forms of coercive questioning.
Douglas finds that terrorist attacks elicit pressures for quick responses, often allowing national governments to accrue additional powers. But emergencies are neither a necessary nor a sufficient condition for such laws, which may persist even after fears have eased. He argues that responses are influenced by both institutional interests and prior beliefs, and complicated when the exigencies of office and beliefs point in different directions. He also argues that citizens are wary of government’s impingement on civil liberties and that courts exercise their capacity to restrain the legislative and executive branches. Douglas concludes that the worst antiterror excesses have taken place outside of the law rather than within, and that the legacy of 9/11 includes both laws that expand government powers and judicial decisions that limit those very powers.
In the late medieval era, pain could be a symbol of holiness, disease, sin, or truth. It could be encouragement to lead a moral life, a punishment for wrong doing, or a method of healing. Exploring the varied depictions and descriptions of pain—from martyrdom narratives to practices of torture and surgery—The Modulated Scream attempts to decode this culture of suffering in the Middle Ages.
Esther Cohen brings to life the cacophony of howls emerging from the written record of physicians, torturers, theologians, and mystics. In considering how people understood suffering, explained it, and meted it out, Cohen discovers that pain was imbued with multiple meanings. While interpreting pain was the province only of the rarified elite, harnessing pain for religious, moral, legal, and social purposes was a practice that pervaded all classes of Medieval life. In the overlap of these contradicting attitudes about what pain was for—how it was to be understood and who should use it—Cohen reveals the distinct and often conflicting cultural traditions and practices of late medieval Europeans. Ambitious and wide-ranging, The Modulated Scream is intellectual history at its most acute.
The American presidency has long tested the capacity of the system of checks and balances to constrain executive power, especially in times of war. While scholars have examined presidents starting military conflicts without congressional authorization or infringing on civil liberties in the name of national security, Stuart Streichler focuses on the conduct of hostilities. Using the treatment of war-on-terror detainees under President George W. Bush as a case study, he integrates international humanitarian law into a constitutional analysis of the repercussions of presidential war powers for human rights around the world.
Putting President Bush’s actions in a wider context, Presidential Accountability in Wartime begins with a historical survey of the laws of war, with particular emphasis on the 1949 Geneva Conventions and the Nuremberg Tribunal. Streichler then reconstructs the decision-making process that led to the president’s approval of interrogation methods that violated Geneva’s mandate to treat wartime captives humanely. While taking note of various accountability options—from within the executive branch to the International Criminal Court—the book illustrates the challenge in holding presidents personally responsible for violating the laws of war through an in-depth analysis of the actions taken by Congress, the Supreme Court, and the public in response. In doing so, this book not only raises questions about whether international humanitarian law can moderate wartime presidential behavior but also about the character of the presidency and the American constitutional system of government.
In Rendition to Torture, Alan W. Clarke explains how the United States adopted torture as a matter of official policy; how and why it turned to extraordinary rendition as a way to outsource more extreme, mutilating forms of torture; and outlines the steps the United States took to hide its abuses. Many adverse consequences attended American use of torture. False information gleaned from torture was used to justify the Iraq war, adding potency to the charge that the war was illegal under international law. Moreover, European nations and Canada aided, abetted, and became thoroughly enmeshed in U.S.-led torture and renditions, thereby spreading both the problem and the blame for this practice. Clarke offers an extended critique of these activities, placing them in historical and legal context as well as in transnational and comparative perspective.
In Sacred Violence, the distinguished political and legal theorist Paul W. Kahn investigates the reasons for the resort to violence characteristic of premodern states. In a startling argument, he contends that law will never offer an adequate account of political violence. Instead, we must turn to political theology, which reveals that torture and terror are, essentially, forms of sacrifice. Kahn forces us to acknowledge what we don't want to see: that we remain deeply committed to a violent politics beyond law.
Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and Director of the Orville H. Schell, Jr. Center for International Human Rights.
Cover Illustration: "Abu Ghraib 67, 2005" by Fernando Botero. Courtesy of the artist and the American University Museum.
One of the world's leading intellectuals dismantles the political and ethical justifications for institutional torture.
In the aftermath of 9/11, the US government approved interrogation tactics for enemy combatant detainees that could be defined as torture, which was outlawed in Europe in the eighteenth century and forbidden by the Geneva Conventions and the United Nations Convention Against Torture. In conjunction with these policies, the Bush administration vocally defended torture as a necessary tool in its Global War on Terror. Though the election of Barack Obama and his signing of the executive order to close the prison at Guantanamo Bay signaled a considerable shift away from the policies of the Bush era, the lessons to be learned from the Global War on Terror will remain relevant and necessary for many years to come.
In Torture and the War on Terror, Tzvetan Todorov argues that the use of the terms “war” and “terror” dehumanizes the enemy and permits treatment that would otherwise be impermissible. He examines the implications and corrupting impact of the attempt to impose “good” through violence and spread democratic values by unethical means. Todorov asks: Can violence overcome violence? Does the need to protect one’s own country justify violating human rights? Challenging one by one the political and ethical arguments in favor of torture, Todorov likens institutional torture to a cancer that is eroding our society and undermining the very fundamental democratic ideas of justice and right.
Half a century after the Holocaust, on European soil, Bosnian Serbs orchestrated a system of concentration camps where they subjected their Bosniak Muslim and Bosnian Croat neighbors to torture, abuse, and killing. Foreign journalists exposed the horrors of the camps in the summer of 1992, sparking worldwide outrage. This exposure, however, did not stop the mass atrocities. Hikmet Karčić shows that the use of camps and detention facilities has been a ubiquitous practice in countless wars and genocides in order to achieve the wartime objectives of perpetrators. Although camps have been used for different strategic purposes, their essential functions are always the same: to inflict torture and lasting trauma on the victims.
Torture, Humiliate, Kill develops the author’s collective traumatization theory, which contends that the concentration camps set up by the Bosnian Serb authorities had the primary purpose of inflicting collective trauma on the non-Serb population of Bosnia and Herzegovina. This collective traumatization consisted of excessive use of torture, sexual abuse, humiliation, and killing. The physical and psychological suffering imposed by these methods were seen as a quick and efficient means to establish the Serb “living space.” Karčić argues that this trauma was deliberately intended to deter non-Serbs from ever returning to their pre-war homes. The book centers on multiple examples of experiences at concentration camps in four towns operated by Bosnian Serbs during the war: Prijedor, Bijeljina, Višegrad, and Bileća. Chosen according to their political and geographical position, Karčić demonstrates that these camps were used as tools for the ethno-religious genocidal campaign against non-Serbs. Torture, Humiliate, Kill is a thorough and definitive resource for understanding the function and operation of camps during the Bosnian genocide.
Winner, A Choice Outstanding Academic Book
From 1964 until 1985, Brazil was ruled by a military regime that sanctioned the systematic use of torture in dealing with its political opponents. The catalog of what went on during that grim period was originally published in Portuguese as Brasil: Nunca Mais (Brazil: Never Again) in 1985.
The volume was based on the official documentation kept by the very military that perpetrated the horrific acts. These extensive documents include military court proceedings of actual trials, secretly photocopied by lawyers associated with the Catholic Church and analyzed by a team of researchers. Their daring project—known as BNM for Brasil: Nunca Mais—compiled more than 2,700 pages of testimony by political prisoners documenting close to three hundred forms of torture.
The BNM project proves conclusively that torture was an essential part of the military justice system and that judicial authorities were clearly aware of the use of torture to extract confessions. Still, it took more than a decade after the publication of Brasil: Nunca Mais for the armed forces to admit publicly that such torture had ever taken place. Torture in Brazil, the English version of the book re-edited here, serves as a timely reminder of the role of Brazil's military in past repression.
Reassessing the role of torture in the context of police violence, mass incarceration, and racial capitalism
At the midpoint of a century of imperial expansion, marked on one end by the Philippine–American War of 1899–1902 and on the other by post–9/11 debates over waterboarding, the United States embraced a vision of “national security torture,” one contrived to cut ties with domestic torture and mass racial terror and to promote torture instead as a minimalist interrogation tool. Torture in the National Security Imagination argues that dispelling this vision requires a new set of questions about the everyday work that torture does for U.S. society.
Stephanie Athey describes the role of torture in the proliferation of a U.S. national security stance and imagination: as U.S. domestic tortures were refined in the Philippines at the turn of the twentieth century, then in mid-century counterinsurgency theory and the networks that brought it home in the form of law-and-order policing and mass incarceration.
Drawing on examples from news to military reports, legal writing, and activist media, Athey shows that torture must be seen as a colonial legacy with a corporate future, highlighting the centrality of torture to the American empire—including its role in colonial settlement, American Indian boarding schools, and police violence. She brings to the fore the spectators and commentators, the communal energy of violence, and the teams and target groups necessary to a mass undertaking (equipment suppliers, contractors, bureaucrats, university researchers, and profiteers) to demonstrate that, at base, torture is propelled by local social functions, conducted by networked professional collaborations, and publicly supported by a durable social imaginary.
Reassessing the role of torture in the context of police violence, mass incarceration, and racial capitalism
At the midpoint of a century of imperial expansion, marked on one end by the Philippine–American War of 1899–1902 and on the other by post–9/11 debates over waterboarding, the United States embraced a vision of “national security torture,” one contrived to cut ties with domestic torture and mass racial terror and to promote torture instead as a minimalist interrogation tool. Torture in the National Security Imagination argues that dispelling this vision requires a new set of questions about the everyday work that torture does for U.S. society.
Stephanie Athey describes the role of torture in the proliferation of a U.S. national security stance and imagination: as U.S. domestic tortures were refined in the Philippines at the turn of the twentieth century, then in mid-century counterinsurgency theory and the networks that brought it home in the form of law-and-order policing and mass incarceration.
Drawing on examples from news to military reports, legal writing, and activist media, Athey shows that torture must be seen as a colonial legacy with a corporate future, highlighting the centrality of torture to the American empire—including its role in colonial settlement, American Indian boarding schools, and police violence. She brings to the fore the spectators and commentators, the communal energy of violence, and the teams and target groups necessary to a mass undertaking (equipment suppliers, contractors, bureaucrats, university researchers, and profiteers) to demonstrate that, at base, torture is propelled by local social functions, conducted by networked professional collaborations, and publicly supported by a durable social imaginary.
The Truth Machines examines the emergence and use of these three scientific techniques to analyze two primary themes. First, the book questions whether existing theoretical frameworks for understanding state power and legal violence are adequate to explain constant innovations of the state. Second, it explores the workings of law, science, and policing in the everyday context to generate a theory of state power and legal violence, challenging the monolithic frameworks about this relationship, based on a study of both state and non-state actors.
Jinee Lokaneeta argues that the attempt to replace physical torture with truth machines in India fails because it relies on a confessional paradigm that is contiguous with torture. Her work also provides insights into a police institution that is founded and refounded in its everyday interactions between state and non-state actors. Theorizing a concept of Contingent State, this book demonstrates the disaggregated, and decentered nature of state power and legal violence, creating possible sites of critique and intervention.
"John Parry's Understanding Torture is an important contribution to our understanding of how torture fits within the practices and beliefs of the modern state. His juxtaposition of the often indeterminate nature of the law of torture with the very specific state practices of torture is both startling and revealing."
---Paul W. Kahn is Robert W. Winner Professor of Law and the Humanities at Yale Law School and author of Sacred Violence
"Parry is effective in building, deploying, and supporting his argument . . . that the law does not provide effective protections against torture, but also that the law is in itself constitutive of a political order in which torture is employed to create---and to destroy or re-create---political identities.”
---Margaret Satterthwaite, Faculty Director of the Center for Human Rights and Global Justice and Associate Professor of Clinical Law, NYU School of Law
"A beautifully crafted, convincingly argued book that does not shy away from addressing the legal and ethical complexities of torture in the modern world. In a field that all too often produces simple or superficial responses to what has become an increasingly challenging issue, Understanding Torture stands out as a sophisticated and intellectually responsible work."
---Ruth Miller, Associate Professor of History, University of Massachusetts, Boston
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