Torture in Thailand at the Limits of Law
Bibliographic Data
| ID | 12176248 |
|---|---|
| Authors | Nick Cheesman (0000-0003-4224-7709, corresponding author) |
| Year | 2022 |
| Volume | 48 |
| Issue | 1 |
| Pages | 236-261 |
| Publication date | 2022-04-27 |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Law & Social Inquiry (JOURNAL) |
| Journal identifiers | ISSN: 0897-6546 • E-ISSN: 1747-4469 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/lsi.2022.3 |
| OpenAlex | W4229049032 |
| Language | EN |
| Citations received | 1 |
| References cited | 37 |
How do courts mediate the relationship between the practice of torture and the content of law in places where torture is neither explicitly criminalized nor authorized? If torture is recounted in court, then what happens? Drawing on sixteen months of observation and documentary research in Thailand, this article outlines a jurisprudence of torture in which judges accommodate the practice by denying the facticity of narratives about torture, or accepting the narratives’ facticity but denying that anyone can be held responsible, or accepting that someone might be held responsible but excusing them of responsibility in the name of duty or by holding only one or two of them, or their employer, in some way liable. Through this jurisprudence, judges in Thailand have kept torture at the limits of law: not on a boundary between the legal and illegal, but on a line between the legally ordered and unordered, which is to say, in the realm of the alegal
Criminology · Duty · Facticity · Human rights · Interrogation · Jurisprudence · Narrative · Political science · Realm · Sociology · Torture · Asian Geopolitics and Ethnography · Cambodian History and Society · Law · Philosophy · Southeast Asian Sociopolitical Studies
The Constitution of Law
Courting Conflict
The compulsion of legality
Transnational Torture
The Absolute Violation
Understanding Torture
Sacred Violence
The Prevention of Torture
An Alternative Path to Rule of Law? Thailand's Twenty-First Century Administrative Courts
When Torture is a Duty
Judicialization of politics or politicization of the judiciary? Considerations from recent events in Thailand
Fracturing the “Exception”
Cyborgs, Torturers, and the Making of Forensic Psychological Knowledge
Fighting for Virtue
Why terrorism works
Network monarchy and legitimacy crises in Thailand
Research Ethics 101
Violence and the Word
Discipline and Punish
The Innocuousness of State Lethality in an Age of National Security
Punitive Processes? Judging in Thai Lower Criminal Courts
Humanitarian Reason
Whose Side Are We On
| Citations per year | 0.33 |
|---|---|
| Citation span | 2023 - 2023 (1) |
| Highly cited | No |