Notes
- 1.
- 2.
I have neglected to discuss Luban’s contributions in the area of jus in bello (the portion of just war theory concerning individual soldiers’ actions in combat). In this area, Luban has produced pioneering works connecting just war arguments to the emerging area of international criminal law. Arguably the most prominent are the following three: (1) Luban (2011); (2) Luban et al. (2014); and (3) Luban (2004).
- 3.
Legal Ethics and Human Dignity reappraises, expands, and updates arguments originally defended in Luban’s earliest work on legal ethics, called Lawyers and Justice (1988). Together with a casebook entitled Legal Ethics (coauthored with Rhode and Cummings 2013), these three works on the ethics of legal practice represent a significant segment of the field.
- 4.
- 5.
For critiques of this kind, see Silver (2008).
- 6.
Luban (2007b). Here is how Luban himself depicts the metaphor. “Suppose the bomb is planted somewhere in the crowded heart of an American city; and you have custody of the man who planted it. He won’t talk. Surely, the hypothetical suggests, we should not be too squeamish to torture the information out of him and save hundreds of lives. Consequences count, and abstract moral prohibitions must yield to the calculus of consequences” (252).
- 7.
Perhaps the best defense of these arguments is recorded in Luban’s testimony before congressional committees. See the following two documents: (1) David Luban, What Went Wrong: Torture and the Office of Legal Counsel in the Bush Administration: Hearing Before the Subcomm. On Admin. Oversight and the Courts of the S. Comm. On the Judiciary, 111th Cong. May 13, 2009; and (2) David Luban, Department of Justice to Guantánamo Bay: Administration Lawyers and Administration Interrogation Rules, Part 1: Hearing Before the Subcomm. On the Constitution, Civil Rights and Civil Liberties of the H. Comm. On the Judiciary, 110th Cong., May 6, 2008.
References
Beitz CR (1979) Bounded morality: justice and the state in world politics. Int Organ 33:405–424
Doppelt G (1978) Walzer’s theory of morality in international relations. Philos Public Aff 8:3–26
Kruse KR (2008) The human dignity of clients. Cornell Law Rev 93:1343–1364
Luban D (1980a) Just war and human rights. Philos Public Aff 9:160–181
Luban D (1980b) The romance of the nation-state. Philos Public Aff 9:392–397
Luban D (1988) Lawyers and justice. Princeton University Press, Princeton
Luban D (2004) A theory of crimes against humanity. Yale J Int Law 29:85–167
Luban D (2007a) Legal ethics and human dignity. Cambridge University Press, Cambridge
Luban D (2007b) Liberalism, torture and the ticking bomb. In: Lee S (ed) Intervention, terrorism, and torture: challenges to just war theory in the 21st century. Springer, Dordrecht, pp 249–262
Luban D (2009) Human dignity, humiliation and torture. Kennedy Inst Ethics J 19:211–230
Luban D (2011) War as punishment. Philos Public Aff 39:299–330
Luban D (2014) Torture, power and law. Cambridge University Press, Cambridge
Luban D, O’Sullivan JR, Stewart D (2014) International and transnational criminal law, 2nd edn. Aspen Publishers, New York
Rhode DL, Luban D, Cummings SL (2012) Legal ethics, 6th edn. Foundation Press, St Paul MN
Silver C (2008) Legal ethics and human dignity by David Luban. Notre Dame Philos Rev
Smith MBE (1991) Reply to David Luban. Law Philos 10:427–432
Walzer M (1977) Just and unjust wars. Basic Books, New York
Wasserstrom R (1978) Just and unjust wars. Harv Law Rev 92:536–545
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Kocsis, M. (2018). Luban, David. In: Sellers, M., Kirste, S. (eds) Encyclopedia of the Philosophy of Law and Social Philosophy. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-6730-0_119-3
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