PHIL 150 Lecture 16: Luban Handout.doc
Document Summary
Law model: primary goal is to prevent crime. That means they have a right to a trial, but also deserve punishment. War model: primary goal is to win the war. They have no right to trial, but they are not to be punished. Luban argues that the war on terror creates a hybrid model of state action. It picks elements from both models to most effectively combat terrorism. Hybrid model: primary goal is to eliminate the threat of terrorism. As soldiers: 1) lethal force and collateral damage is permissible, 2) the standard of evidence is low, 3) no presumption of innocence or right to trial. As criminals: 1) self-defense is illegitimate, 2) they have violated the law, 3) punishment is deserved, 4) neutrality from third-parties is impermissible. As a consequence, the war on terror constitutes a total rejection of human rights.
