Abstract
Jewish law espouses several attitudes toward torture, from total prohibition, through condoning, to proactive advocating for using torture under certain conditions. Reading Améry’s testimony and bearing it in mind, has significant heuristic value in rereading the Jewish legal sources related to torture. Combining readings of cultural narrative with legal and political analysis raises the possibility of a categorical and universal criminalization of torture in Jewish thought and Jewish law. I argue that biblical narrative recognizes components of the modern concept of torture and their aggregative impact. It criminalizes torture even when ostensible justifications can be invoked, demanding individual accountability, as well as institutional preventative actions. I share intriguing complexities that became apparent from rereading specific Jewish laws related to torture. The aggregation of the new insights makes a compelling case for a Jewish-based position that torture be controlled, limited, and even criminalized, while leaving intact the possibility of acquitting perpetrators from punishment.
Original language | English |
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Title of host publication | Jean Améry |
Subtitle of host publication | Beyond the Mind's Limits |
Publisher | Springer International Publishing |
Pages | 119-140 |
Number of pages | 22 |
ISBN (Electronic) | 9783030280956 |
ISBN (Print) | 9783030280949 |
DOIs | |
State | Published - 1 Jan 2019 |
Externally published | Yes |
Bibliographical note
Publisher Copyright:© The Editor(s) (if applicable) and The Author(s), under exclusive licence to Springer Nature Switzerland AG 2019
Keywords
- Améry
- Jewish law
- Torture