On suffering and its juridical recognition – A socio-legal critique of torture’s evolving interpretation
(2021) SOLM12 20211Department of Sociology of Law
- Abstract
- That international law progressively recognises and prohibits torture and other forms of ill-treatment in their emergent forms has become widely-accepted in the anti-torture discourse. The premise that torture’s techniques and contexts change is taken to intimately inform juridical recognition, representation and response. Relevant international treaties, such as the UN Convention Against Torture and the European Convention on Human Rights, are therefore generally deemed to be ‘living instruments’ – influenced by societal values as deduced by the doctrine of dynamic interpretation. This thesis examines and concludes, however, that these premises are not empirically-grounded and, far from rigorously reflecting societal values, bring into... (More)
- That international law progressively recognises and prohibits torture and other forms of ill-treatment in their emergent forms has become widely-accepted in the anti-torture discourse. The premise that torture’s techniques and contexts change is taken to intimately inform juridical recognition, representation and response. Relevant international treaties, such as the UN Convention Against Torture and the European Convention on Human Rights, are therefore generally deemed to be ‘living instruments’ – influenced by societal values as deduced by the doctrine of dynamic interpretation. This thesis examines and concludes, however, that these premises are not empirically-grounded and, far from rigorously reflecting societal values, bring into stark relief rehearsed critiques around the law’s progress and ambivalence – thus warranting further sociological attention. Taking scholarship on dynamic interpretation and forms of state violence which do not leave physical marks as paradigmatic entry-points, this thesis critiques torture’s juridical conceptualisation and contextualisation through a socio-legal lens. (Less)
- Popular Abstract
- That international law progressively recognises and prohibits torture and other forms of ill-treatment in their emergent forms has become widely-accepted in the anti-torture discourse. The premise that torture’s techniques and contexts change is taken to intimately inform juridical recognition, representation and response. Relevant international treaties, such as the UN Convention Against Torture and the European Convention on Human Rights, are therefore generally deemed to be ‘living instruments’ – influenced by societal values as deduced by the doctrine of dynamic interpretation. This thesis examines and concludes, however, that these premises are not empirically-grounded and, far from rigorously reflecting societal values, bring into... (More)
- That international law progressively recognises and prohibits torture and other forms of ill-treatment in their emergent forms has become widely-accepted in the anti-torture discourse. The premise that torture’s techniques and contexts change is taken to intimately inform juridical recognition, representation and response. Relevant international treaties, such as the UN Convention Against Torture and the European Convention on Human Rights, are therefore generally deemed to be ‘living instruments’ – influenced by societal values as deduced by the doctrine of dynamic interpretation. This thesis examines and concludes, however, that these premises are not empirically-grounded and, far from rigorously reflecting societal values, bring into stark relief rehearsed critiques around the law’s progress and ambivalence – thus warranting further sociological attention. Taking scholarship on dynamic interpretation and forms of state violence which do not leave physical marks as paradigmatic entry-points, this thesis critiques torture’s juridical conceptualisation and contextualisation through a socio-legal lens. (Less)
Please use this url to cite or link to this publication:
http://lup.lub.lu.se/student-papers/record/9047059
- author
- Cakal, Ergun LU
- supervisor
-
- Amin Parsa LU
- organization
- course
- SOLM12 20211
- year
- 2021
- type
- H1 - Master's Degree (One Year)
- subject
- language
- English
- id
- 9047059
- date added to LUP
- 2021-07-07 12:38:28
- date last changed
- 2021-07-07 12:38:28
@misc{9047059,
abstract = {{That international law progressively recognises and prohibits torture and other forms of ill-treatment in their emergent forms has become widely-accepted in the anti-torture discourse. The premise that torture’s techniques and contexts change is taken to intimately inform juridical recognition, representation and response. Relevant international treaties, such as the UN Convention Against Torture and the European Convention on Human Rights, are therefore generally deemed to be ‘living instruments’ – influenced by societal values as deduced by the doctrine of dynamic interpretation. This thesis examines and concludes, however, that these premises are not empirically-grounded and, far from rigorously reflecting societal values, bring into stark relief rehearsed critiques around the law’s progress and ambivalence – thus warranting further sociological attention. Taking scholarship on dynamic interpretation and forms of state violence which do not leave physical marks as paradigmatic entry-points, this thesis critiques torture’s juridical conceptualisation and contextualisation through a socio-legal lens.}},
author = {{Cakal, Ergun}},
language = {{eng}},
note = {{Student Paper}},
title = {{On suffering and its juridical recognition – A socio-legal critique of torture’s evolving interpretation}},
year = {{2021}},
}