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Anger and Forgiveness"Are You There Alone?"10 Good Questions about Life and DeathA Casebook of Ethical Challenges in NeuropsychologyA Companion to BioethicsA Companion to BioethicsA Companion to GenethicsA Companion to GenethicsA Companion to Muslim EthicsA Cooperative SpeciesA Critique of the Moral Defense of VegetarianismA Delicate BalanceA Fragile LifeA Life for a LifeA Life-Centered Approach to BioethicsA Matter of SecurityA Mirror Is for ReflectionA Mirror Is for ReflectionA Natural History of Human MoralityA Philosophical DiseaseA Practical Guide to Clinical Ethics ConsultingA Question of TrustA Sentimentalist Theory of the MindA Short Stay in SwitzerlandA Tapestry of ValuesA Very Bad WizardA World Without ValuesAction and ResponsibilityAction Theory, Rationality and CompulsionActs of ConscienceAddiction and ResponsibilityAddiction NeuroethicsAdvance Directives in Mental HealthAfter HarmAftermathAgainst AutonomyAgainst BioethicsAgainst HealthAgainst MarriageAgainst Moral 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EthicsCloningClose toYouCoercion as CureCoercive Treatment in PsychiatryCognition of Value in Aristotle's EthicsCognitive Disability and Its Challenge to Moral Philosophy Comfortably NumbCommonsense RebellionCommunicative Action and Rational ChoiceCompetence, Condemnation, and CommitmentComprehending CareConducting Insanity EvaluationsConfidential RelationshipsConfidentiality and Mental HealthConflict of Interest in the ProfessionsConsuming KidsContemporary Debates In Applied EthicsContemporary Debates in Moral TheoryContemporary Debates in Social PhilosophyContentious IssuesContesting PsychiatryCrazy in AmericaCreating CapabilitiesCreatures Like Us?Crime and CulpabilityCrime, Punishment, and Mental IllnessCritical Perspectives in Public HealthCritical PsychiatryCrueltyCultural Assessment in Clinical PsychiatryCurrent Controversies in BioethicsCurrent Controversies in Values and ScienceCutting to the CoreCyborg CitizenDamaged IdentitiesDeaf Identities in the MakingDeath Is That Man Taking NamesDebating ProcreationDebating Same-Sex MarriageDecision Making, Personhood and DementiaDecoding the Ethics CodeDefining DifferenceDefining Right and Wrong in Brain ScienceDefining the Beginning and End of LifeDelusions of GenderDementiaDemocracy in What State?Demons of the Modern WorldDescriptions and PrescriptionsDesert and VirtueDesire, Practical Reason, and the GoodDestructive Trends in Mental HealthDeveloping the VirtuesDid My Neurons Make Me Do It?Difference and IdentityDigital HemlockDigital SoulDignityDignityDisability BioethicsDisability, Difference, DiscriminationDiscrimination against the Mentally IllDisordered Personalities and CrimeDisorders of VolitionDisorientation and Moral LifeDivided Minds and Successive SelvesDoes Feminism Discriminate against Men?Does Torture Work?Double Standards in Medical Research in Developing CountriesDown GirlDrugs and JusticeDworkin and His CriticsDying in the Twenty-First CenturyEarly WarningEconomics and Youth ViolenceEmbodied 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in Children and AdultsFat ShameFatal FreedomFellow-Feeling and the Moral LifeFeminism and Its DiscontentsFeminist Ethics and Social and Political PhilosophyFeminist TheoryFinal ExamFirst Do No HarmFirst, Do No HarmFlashpointFlesh WoundsForced to CareForgivenessForgivenessForgiveness and LoveForgiveness and ReconciliationForgiveness and RetributionForgiveness is Really StrangeFoucault and the Government of DisabilityFoundational Issues in Human Brain MappingFoundations of Forensic Mental Health AssessmentFree WillFree Will And Moral ResponsibilityFree Will and Reactive AttitudesFree Will, Agency, and Meaning in LifeFree?Freedom and ValueFreedom vs. InterventionFriendshipFrom Darwin to HitlerFrom Disgust to HumanityFrom Enlightenment to ReceptivityFrom Morality to Mental HealthFrom Silence to VoiceFrom Valuing to ValueFrontiers of JusticeGender in the MirrorGenetic PoliticsGenetic ProspectsGenetic ProspectsGenetics of Original SinGenetics of Original SinGenocide's AftermathGetting 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DeliberationPatient Autonomy and the Ethics of ResponsibilityPC, M.D.Perfecting VirtuePersonal AutonomyPersonal Autonomy in SocietyPersonal Identity and EthicsPersonalities on the PlatePersonhood and Health CarePersons, Humanity, and the Definition of DeathPerspectives On Health And Human RightsPharmaceutical FreedomPharmacracyPharmageddonPhilosophy and This Actual WorldPhilosophy of BiologyPhilosophy of Technology: The Technological ConditionPhysician-Assisted DyingPicturing DisabilityPilgrim at Tinker CreekPlaying God?Playing God?Political EmotionsPornlandPowerful MedicinesPractical Autonomy and BioethicsPractical EthicsPractical Ethics for PsychologistsPractical RulesPragmatic BioethicsPragmatic BioethicsPragmatic NeuroethicsPraise and BlamePreferences and Well-BeingPrimates and PhilosophersPro-Life, Pro-ChoiceProcreation and ParenthoodProfits Before People?Progress in BioethicsProperty in the BodyProzac As a Way of LifeProzac on the CouchPsychiatric Aspects of Justification, Excuse and Mitigation in Anglo-American Criminal Law Psychiatric EthicsPsychiatry and EmpirePsychological Concepts and Biological PsychiatryPsychology and Consumer CulturePsychology and LawPsychotropic Drug Prescriber's Survival GuidePublic Health LawPublic Health Law and EthicsPublic PhilosophyPunishing the Mentally IllPunishmentPursuits of WisdomPutting Morality Back Into PoliticsPutting on VirtueQuality of Life and Human DifferenceRaceRadical HopeRadical VirtuesRape Is RapeRe-creating MedicineRe-Engineering Philosophy for Limited BeingsReason's GriefReasonably ViciousReckoning With HomelessnessReconceiving Medical EthicsRecovery from SchizophreniaRedefining RapeRedesigning HumansReducing the Stigma of Mental IllnessReflections on Ethics and ResponsibilityReflections On How We LiveReframing Disease ContextuallyRefusing CareRefuting Peter Singer's Ethical TheoryRelative JusticeRelativism and Human RightsReligion ExplainedReprogeneticsRescuing JeffreyRespecting 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How Much?Why Some Things Should Not Be for SaleWisdom, Intuition and EthicsWithout ConscienceWomen and Borderline Personality DisorderWomen and MadnessWondergenesWould You Kill the Fat Man?Wrestling with Behavioral GeneticsWriting About PatientsYou Must Be DreamingYour Genetic DestinyYour Inner FishYouth Offending and Youth Justice Yuck!
Since the publication of The Body in Pain (1985), readers have come to expect from Elaine Scarry relentless honesty and compelling analysis of the most difficult of topics. Her latest book, Rule of Law, Misrule of Men, does not disappoint our expectations. What it does accomplish, and immediately, is an awareness of a certain intellectual cowardice in which many of us have indulged, since the 2008 presidential election ended a most unfortunate chapter in the history of the United States. We recognize ourselves as members of that group of (ordinarily thinking, self-aware and morally concerned) people who were so relieved to close the door on a host of shameful and illegal acts by the country's top leaders that we simply turned away from the unpleasant necessities of prosecuting those leaders for their crimes, once their term of "misrule" was closed.
Scarry drags us back to the scene of the crimes and with the precision of a skilled prize fighter--left jab-right punch, left-right, knock out!--she recalls every sordid detail of the eight years of the Bush-Cheney administration, with its systematic dismantling of civil liberties, its ruthless acts of international and domestic lawbreaking, its violation of military codes of ethical conduct, and its endless stream of shameless lies, as the president and his cronies in crime extended the commander-in-chief clause to amplify executive power--right into the torture chamber. Scarry reminds us that these crimes were not mere snapshots, aberrations in an otherwise glorious era, but they were constantly repeated acts in a pornographic film that looped endlessly before the population's eyes--and before the eyes of the international community--for eight long years. Scarry says it best: "[D]ay after day the country watched coastal waters rise around a stranded population and saw young soldiers sent from home without body armor or vehicle armor and return in coffins that were not allowed to be photographed" (p. xiii).
Many Americans, and indeed many international viewers of this lengthy horror film, were so relieved to finally see the close of this shameless era of American politics that they welcomed President Obama's optimistic messages of "hope" and "change" as an opportunity to make a radical break from the past and start anew, under the leadership of a man, whose decent character was starkly clear from the outset of his campaigns, in his refusal to stoop to the usual truth-twisting and opponent-bashing that has become emblematic of cut-throat, morally-barren American politics. Voters happily closed the door to an ugly history and welcomed the change of view.
So why, the reader wonders as she thumbs the opening pages of Scarry's new book, does Scarry, brave writer that she is, insist on dragging us back to the scene of these discomfiting crimes, as she details fiction after fiction that contributed to the construction of an extra-legal world, where illegal wars, violations of the codes of war, and even torture came to be justified as rightful executive decisions of war, by a president who named himself as an extra-legal agent, not bound by laws or treaties? Why does Scarry make us follow her through every last sordid detail of an era we would rather forget? Her motive is made spartanly clear: a country that tortures when it has a president who believes he has the right to torture and that abstains from torture when it has a president who recognizes torture as prohibited is a country that is not ruled by laws, but ruled according to the whims of its leaders.
The conclusion of Scarry's argument collapse our escapist excuses: until the culprits who committed these gross breaches of international law are prosecuted for their crimes, the country remains under " the rule of men (sic.), rather than the rule of law; for it is allowing its moral fate to be determined by the personal beliefs of its rulers" (p. xx). All members of the international community have no choice but to prosecute the leaders of the Bush-Cheney administration. Prosecution is not optional but obligatory. We are all bound by the Geneva Conventions and the Convention Against Torture to bring these criminals to justice. But Americans have the most at stake in failing to live up to their obligations; their country remains under the "misrule of men (sic.)" until they comply with the obligation to prosecute.
Scarry shakes us from our comfortable forgetfulness and demands that the country do the right thing, the just thing, and also the best thing for them--return the United States to the "rule of law" by prosecuting its criminal leaders. Many U.S. towns, courts, houses of government, authors, congressmen, and legal experts have already stepped up and begun the task. The Senate Report on Whether Public Statements Regarding Iraq Were Substantiated by Intelligence Information provides a "devastating document" about the culpable deceptions that led to war (pp. 119-120). Vincent Bugliosi's book, The Prosecution of George W. Bush for Murder, provides the legal argument for charging the ex-president with murder in any state where a soldier, killed in Iraq, formerly resided (p. 118). Much of the work has already been done. What remains is the public will to see this unpleasant but legally and morally necessary task to its completion.
As discomfiting as this book is, it is a brilliantly documented account of a crucial era of American politics and a devastating argument against closing the book on that era before justice has been served its highest criminals. This book is a must-read for any citizen of conscience, American or cosmopolitan. It would serve well as a text in a moral issues class or a political science class about the contemporary world. I recommend it most highly to all readers.
© 2011 Wendy C. Hamblet
Wendy C. Hamblet, Associate Professor, North Carolina A&T State University.
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