It comes as something ofa surprise to reflect that the New York Review ofBooks is now over twenty years old. Even people of my generation (that is, old enough to remember the revolutionary 196os but not young enough to have taken a very exciting part in them) think of the paper as eternally youthful. In fact, it has gone through years of relatively quiet life, yet, as always in a competitive journalistic market, it is the controversies that attract the interest of the reader and to which the history (especially an admittedly impressionistic survey that tries to include something of the intellectual context in which a journal has operated) must give some attention. Not all the attacks which the New York Review has attracted, both early in its career and more recently, are worth more than a brief summary. What do we now make, for example, of Richard Kostelanetz's forthright accusation that 'The New York Review was from its origins destined to publicize Random House's (and especially [Jason] Epstein's) books and writers'?1 Well, simply that, even if the statistics bear out the charge (and Kostelanetz provides some suggestive evidence to support it, at least with respect to some early issues), there is nothing surprising in a market economy about a publisher trying to push his books through the pages of a journal edited by his friends. True, the New York Review has not had room to review more than around fifteen books in each issue and there could be a bias in the selection of

http://www.jstor.org/stable/pdfplus/3507774.pdf

The New York Review of Books

Human beings are described by many spiritual traditions as ‘blind’ or ‘asleep’ or ‘in a dream.’ These terms refers to the limited attenuated state of consciousness of most human beings caught up in patterns of conditioned thought, feeling and perception, which prevent the development of our latent, higher spiritual possibilities. In the words of Idries Shah: “Man, like a sleepwalker who suddenly ‘comes to’ on some lonely road has in general no correct idea as to his origins or his destiny.” In some religious traditions, such as Christianity and Islam, the myth of the ‘Fall from the Garden of Eden’ symbolizes the loss of the primordial state through the veiling of higher consciousness. Other traditions use similar metaphors to describe the spiritual condition of humanity:

The Human Condition.

1.. HARD CASES 5. Legal Rights A. Legislation . . . We might therefore do well to consider how a philosophical judge might develop, in appropriate cases, theories of what legislative purpose and legal principles require. We shall find that he would construct these theories in the same manner as a philosophical referee would construct the character of a game. I have invented, for this purpose, a lawyer of superhuman skill, learning, patience and acumen, whom I shall call Hercules. I suppose that Hercules is a judge in some representative American jurisdiction. I assume that he accepts the main uncontroversial constitutive and regulative rules of the law in his jurisdiction. He accepts, that is, that statutes have the general power to create and extinguish legal rights, and that judges have the general duty to follow earlier decisions of their court or higher courts whose rationale, as l

Taking Rights Seriously

Scholars of culture, humanities and social sciences have increasingly come to an appreciation of the importance of the legal domain in social life, while critically engaged socio-legal scholars around the world have taken up the task of understanding "Law's Empire" in all of its cultural, political, and economic dimensions. The questions arising from these intersections, and addressing imperialisms past and present forms the subject matter of a special symposium issue of Social Identities under the editorship of Griffith University's Rob McQueen, and UBC's Wes Pue and with contributions from McQueen, Ian Duncanson, Renisa Mawani, David Williams, Emma Cunliffe, Chidi Oguamanam, W. Wesley Pue, Fatou Camara, and Dianne Kirkby. This paper introduces the volume, forthcoming in late 2007. The central problematique of this issue has previously been explored through the 2005 Law's Empire conference, an informal but vibrant postcolonial legal studies network.

Law's Empire

It made it possible to improve people's lives. Now it prevents all forms of discrimination in the world. It helps to improve our world.

Universal Declaration of Human Rights

Preface This chapter was published concurrently in its present form and in a more extended version that appeared in Karen Greenberg’s collection The Torture Debate in America (Cambridge University Press, 2005). The latter version included a longer and fuller analysis of the torture memos; I have used the shorter version here because other chapters of this book go into the torture memos in greater detail. The chapter received wide circulation: in March 2006 it was excerpted in Harper’s Magazine and published in translation in the German cultural magazine Die Zeit Kursbuch . Together with the following two chapters, it represents the philosophical core of this book’s analysis of torture and its critique of discussing torture through ticking-bomb hypotheticals. I began writing the chapter when the Bybee–Yoo torture memo became public in the summer of 2004, shortly after the sensational Abu Ghraib revelations. It needs only slight factual updating. At the time I finished it, only two of the torture memos were public. It was not until April 2009 that the Obama administration released the remaining torture memos, all but one of which were shortly republished by David Cole in The Torture Memos: Rationalizing the Unthinkable (New York Review of Books, 2009). The existence of CIA “black sites” – secret prisons in Poland, Romania, and Thailand – had not yet emerged, nor was it clear what interrogation techniques the Justice Department had approved for CIA use. I also wrote before the issue of nonaccountability for torture became salient. By the time the smoke had cleared, only a handful of low-level enlisted personnel had been punished for Abu Ghraib, and, ultimately, none of the 101 potential torture cases investigated by a special prosecutor resulted in criminal referrals. I discuss the issue of nonaccountability in this book’s final chapter.

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Liberalism, torture, and the ticking bomb

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community.Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.

Lawyers and Justice: An Ethical Study

III. CRIMES AGAINST HUMANNESS AND THE POLITICAL ANIMAL .................................................... 109 A . Aspects of H um anity ....................................................................................................... 109 B . The Political A nim al ................................................................................................... 111 C. \"Unsociable Sociability\" Versus Group Diversity; Crimes Against Humanity Versus G enocide ......................................................................................................................... 1 14

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A Theory of Crimes Against Humanity

Just war and human rights

David Luban is one of the world's leading scholars of legal ethics In this collection of his most significant papers he ranges over such topics as the moral psychology of organisational evil, the strengths and weaknesses of the adversary system, and jurisprudence from the lawyer's point of view His discussion combines philosophical argument, legal analysis and many cases drawn from actual law practice, and he defends a theory of legal ethics that focuses on lawyers' role in enhancing human dignity and human rights In addition to an analytical introduction, the volume includes two major previously unpublished papers, including a detailed critique of the US government lawyers who produced the notorious 'torture memos' It will be of interest to a wide range of readers in both philosophy and law

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David Luban

Papers

Liberalism, torture, and the ticking bomb

Lawyers and Justice: An Ethical Study

A Theory of Crimes Against Humanity

Just war and human rights

Legal Ethics and Human Dignity