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"unlawfulness" - 1 õppematerjal

Law-makers breaking the law-torture as a justified interrogation technique
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Law-makers breaking the law: torture as a justified interrogation technique?

In the theory, this concerns a few members of staff seen as collateral damage for the sake of acting upon assumption. This however serves no purpose and rather voids their efforts, which makes the destabilization of their health in theory having occurred unjustly (which it would be in the first place as well, of course). Should a government then always act according to law or is it justified to in case of emergency set the laws aside? Is it possible to choose between two evils? Unlawfulness In a constitutional state there are rules the executive power needs to follow and that can sometimes make fighting terrorism inconvenient. Methods perceived as effective are not legitimate. Utilitarian thinkers believe this can be disregarded as to avoid a greater evil, authorities inevitably have to break the law. Michael Ignatieff (2004) states that governments needn't follow national and international law as precisely in case violating this law will avoid bigger crimes.

Õigus → Õiguse filosoofia
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