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Chapter

Torture: What is it?

Chapter

Torture: What is it?

DOI link for Torture: What is it?

Torture: What is it? book

3A definition of the field of inquiry

Torture: What is it?

DOI link for Torture: What is it?

Torture: What is it? book

3A definition of the field of inquiry
ByMonica Luci
BookTorture, Psychoanalysis and Human Rights

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Edition 1st Edition
First Published 2017
Imprint Routledge
Pages 13
eBook ISBN 9781315694320

ABSTRACT

In the thirteenth century, the Roman lawyer, Azo, gave his definition: 'Torture is the inquiry after truth by means of torment'. However, the persistence of torture in the world and the impossibility so far of eradicating it make it important to recognize the necessity of narrowing a definition in order to gain a deep insight into the phenomenon. The prohibition of torture is absolutely and fundamentally embedded within international law. Comparing conceptions of torture in international human rights law and international criminal law, both in doctrine and case law, Sir Nigel Rodley detects three props as central in our modern legal understanding of the concept of torture: the intensity of pain or suffering inflicted; the status of the perpetrator; the question of purpose. The public character of torture is also evident in its use by non-state social actors. Incontestably, torture deals with physical and psychological torment and is accurate at targeting vital human needs.

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