Scribd Logo
Upload

Welcome to Scribd!

  • The Scaffold of The Rule of Law

    Uploaded by

    Soumya
    14 views1 page
    The scaffold of the rule of law hides the legal violence perpetrated by state and semi-state actors through custodial torture. Torture is used against those accused of petty crimes, terrorism, and dissent, and detainees are punished through torture before trials. While jurisprudence condemns torture, the legal system accommodates excess violence by providing legal immunity to the police and affirming so-called "truth machines" and forensic methods that replace physical torture but still violate the right to silence of detainees.

    Original Description:

    Original Title

    The scaffold of the Rule Of Law

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The scaffold of the rule of law hides the legal violence perpetrated by state and semi-state actors through custodial torture. Torture is used against those accused of petty crimes, terrorism, and dissent, and detainees are punished through torture before trials. While jurisprudence condemns torture, the legal system accommodates excess violence by providing legal immunity to the police and affirming so-called "truth machines" and forensic methods that replace physical torture but still violate the right to silence of detainees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    14 views1 page

    The Scaffold of The Rule of Law

    Uploaded by

    Soumya
    The scaffold of the rule of law hides the legal violence perpetrated by state and semi-state actors through custodial torture. Torture is used against those accused of petty crimes, terrorism, and dissent, and detainees are punished through torture before trials. While jurisprudence condemns torture, the legal system accommodates excess violence by providing legal immunity to the police and affirming so-called "truth machines" and forensic methods that replace physical torture but still violate the right to silence of detainees.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 1

    The scaffold of the Rule Of Law

    To understand the scaffold of rule of law, identifying state actors and semi-state actors. Is the scaffold
    hiding the legal violence?
    Jurisprudence formally condemns torture but ends up accommodating excess violence.

    Custodial Torture in –
    - Petty thefts
    - Terrorism
    - Kashmir
    - Human rights activists and dissenters
    Making detention their punishment, before trials.
    Cause maybe the absence of specific laws on torture, state intentionality
    Ascendence of Truth Machines – narcoanalysis, lie detectors etc during 1990’s since there was a
    claim that these will replace the physical methods of torture.
    State Forensic Architecture – ‘Police Reform’, legal immunirty, courts reaffirm
    Even when questioned, only issues of consent and admissibility.
    MUMBAI BLAST CASE 2006
    Role of Semi State Actors – narco analysts and psychologists
    Narco analysis ‘pharmocological torture’ negating right to silence

    Role of Magistrates and Doctors in legal torture

    You might also like