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The Study of Torture: Why It Persists, Why Perceptions of It are Malleable, and Why It is Difficult to Eradicate

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  • Erin M. Kearns

    (Department of Justice, Law and Criminology, American University, 4400 Massachusetts Avenue, Washington, DC 20016, USA)

Abstract

Why does torture persist despite its prohibition? Scholars, policymakers, and the public have heavily debated this topic in the past decade. Yet, many puzzles remain about the practice of torture. Scholarship on torture spans academic disciplines, which adds diversity in perspectives brought to these questions but also can lead to redundancy and stunted progress in research on the issue as a whole. This article assesses the state of the multidisciplinary literature on torture in counterterrorism with specific focus on why democracies torture despite prohibiting it, how public perception of torture is malleable, and why so few countries are able to move from commitment to compliance in the prohibition of torture. In each section, the article also identifies underexplored areas in the research and suggests avenues for future investigation.

Suggested Citation

  • Erin M. Kearns, 2014. "The Study of Torture: Why It Persists, Why Perceptions of It are Malleable, and Why It is Difficult to Eradicate," Laws, MDPI, vol. 4(1), pages 1-15, December.
    • Handle: RePEc:gam:jlawss:v:4:y:2014:i:1:p:1-15:d:43981
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    References listed on IDEAS

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    3. Axel Dreher & Martin Gassebner & Lars-H. Siemers, 2010. "Does Terrorism Threaten Human Rights? Evidence from Panel Data," Journal of Law and Economics, University of Chicago Press, vol. 53(1), pages 65-93, February.
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