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Incarceration, Interrogation, and Counterterror: Do (Liberal) Democratic Institutions Constrain Leviathan?

Published online by Cambridge University Press:  30 June 2010

Will H. Moore
Affiliation:
Florida State University

Extract

States represent a solution to an important set of economic, political, and social problems. Whether one turns to philosophers such as Hobbes or Locke or more recent work by rational institutionalists such as Douglass North, it is something of a received wisdom that powerful states play a central and vital role in fostering economic, political, and social cooperation. The other edge of that sword, of course, is that powerful states that claim a monopoly on the legitimate exercise of coercion are ideally situated to predate, using methods that include incarceration without trial and torture. The very power that makes states effective at engaging in cooperation can weaken other organizations that might deter the state from predation. While democratic theory is not necessarily focused on the question of how we might constrain a powerful state's predation, democracy is—and, more specifically, liberal democratic institutions are—widely held to be one of the most important tools at our disposal to deter predation (e.g., Staton and Reenock 2010). Democracy, of course, refers to rule by the people, and in this article, I focus on universal suffrage as the means by which those who wield state power produce rule by the people. I refer to liberal democratic institutions, by contrast, as those institutions that perform a distinct—and, one can argue, antidemocratic—function: their purpose is to distribute power among multiple state actors in an effort to address the second edge of the sword described above and limit the tyranny of majorities. This article shows how this distinction usefully assists our assessment of the Bush administration's incarceration and interrogation policies in its war on terror.

Type
Symposium
Copyright
Copyright © American Political Science Association 2010

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References

Conrad, Courtenay Ryals, and Moore, Will H.. 2010. “What Stops the Torture?American Journal of Political Science 54 (2): 459–76.CrossRefGoogle Scholar
Davenport, Christian. 2007a. “State Repression and Political Order.” Annual Review of Political Science 10: 127.CrossRefGoogle Scholar
Davenport, Christian. 2007b. State Repression and the Domestic Democratic Peace. New York: Cambridge University Press.CrossRefGoogle Scholar
Davenport, Christian. 2007 c. “Is It Torture Yet?” Testimony before the Helisinki Commission's Field Hearing on Torture and Other Forms of Banned Treatment, College Park, MD, December 10. http://tinyurl.com/davenporthelsinki.Google Scholar
Davenport, Christian, Moore, Will H., and Armstrong, Dave. 2007. “The Puzzle of Abu Ghraib: Are Democratic Institutions a Palliative or Panacea?” Social Science Research Network unpublished working paper. http://ssrn.com/abstract=1022367.CrossRefGoogle Scholar
Donnelly, Jack. 2003. Universal Human Rights in Theory and Practice. 2nd ed. Ithaca, NY: Cornell University Press.Google Scholar
Eskridge, William N., and Ferejohn, John. 1994. “Politics, Interpretation and the Rule of Law.” In The Rule of Law: Nomos XXXVI, ed. Shapiro, I., 265–96. New York: New York University Press.Google Scholar
Fiss, Owen. 2009. “Obama's Betrayal: His Guantanamo Policy Violates the Principle of Freedom.” Slate, December 4. http://www.slate.com/id/2237389/.Google Scholar
Gleditsch, Nils Petter, Hegre, Håvard, and Strand, Håvard. 2009. “Democracy and Civil War.” In Handbook of War Studies III: The Intrastate Dimension, ed. Midlarsky, I., 154–92. Ann Arbor: University of Michigan Press.Google Scholar
Gronke, Paul, and Rejali, Darius, with Drenguis, Dustin, Hicks, James, Miller, Peter, and Nakayama, Bryan. 2010. “US Public Opinion on Torture, 2001–2009.” PS: Political Science and Politics 43 (3): 437–44.Google Scholar
Hafner-Burton, Emilie, and Tsutsui, Kiyoteru. 2005. “Human Rights in a Globalizing World: The Paradox of Empty Promises.” American Journal of Sociology 110 (5): 13731411.CrossRefGoogle Scholar
Hathaway, Oona A. 2002. “Do Human Rights Treaties Make a Difference?Yale Law Journal 111 (8): 19352042.CrossRefGoogle Scholar
Hathaway, Oona A. 2005. “Between Power and Principle: An Integrated Theory of International Law.” University of Chicago Law Review 72: 469533.Google Scholar
Hutchinson, Allan C., and Monahan, Patrick. 1987. The Rule of Law: Ideal or Ideology. Toronto: Carswell.Google Scholar
Ignatieff, Michael. 2004. The Lesser Evil: Political Ethics in an Age of Terror. Princeton, NJ: Princeton University Press.Google Scholar
Landman, Todd. 2005. Protecting Human Rights: A Comparative Study. Washington, DC: Georgetown University Press.Google Scholar
Levey, Geoffrey Braham. 2007. “Beyond Durkheim: A Comment on Steven Lukes's ‘Liberal Democratic Torture.’British Journal of Political Science 37 (3): 567–70.CrossRefGoogle Scholar
Lukes, Steven. 2005. “Liberal Democratic Torture.” British Journal of Political Science 36 (1): 116.CrossRefGoogle Scholar
Mayer, Jane. 2008. The Dark Side: The Inside Story of How the War on Terror Turned into a War on American Ideals. New York: Anchor.Google Scholar
Meron, Theodore. 1986. “On a Hierarchy of International Human Rights.” American Journal of International Law 80 (1): 123CrossRefGoogle Scholar
North, Douglass C., and Weingast, Barry R.. 1989. “Constitutions and Commitment: The Evolution of Institutions Governing Public Choice in Seventeenth-Century England.” Journal of Economic History 49 (4): 803–83.CrossRefGoogle Scholar
Powell, Emilia J., and Staton, Jeffrey K.. 2009. “Domestic Judicial Institutions and Human Rights Treaty Violation.” International Studies Quarterly 53: 149–74.CrossRefGoogle Scholar
Simmons, Beth A. 2009. Mobilizing for Human Rights: International Law in Domestic Politics. New York: Cambridge University Press.CrossRefGoogle Scholar
Staton, Jeffrey K., and Reenock, Christopher. 2010. “Substitutable Protections: Socioeconomic Insulation and Credible Commitment Devices.” Political Research Quarterly 63 (1): 115–28.CrossRefGoogle Scholar
Tsebelis, George. 2002. Veto Players: How Political Institutions Work. Princeton, NJ: Princeton University Press.CrossRefGoogle Scholar
Walzer, Michael. 1973. “Political Action: The Problem of Dirty Hands.” Philosophy and Public Affairs 2 (2): 160–80.Google Scholar