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The Limits of Integrative Bargaining 综合议价的局限性

IF 2 2区社会学

Georgetown Law Journal Pub Date : 1996-01-01 DOI: 10.1093/oso/9780197513248.003.0016

Gerald B. Wetlaufer

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引用次数: 20

Torture By Means of Rape 强奸方式的酷刑

IF 2 2区社会学

Georgetown Law Journal Pub Date : 1996-01-01 DOI: 10.2139/SSRN.3474128

Evelyn Aswad

{"title":"Torture By Means of Rape","authors":"Evelyn Aswad","doi":"10.2139/SSRN.3474128","DOIUrl":"https://doi.org/10.2139/SSRN.3474128","url":null,"abstract":"This note argues that rapes perpetrated with government involvement and for political purposes should be classified as torture rather than ill-treatment under international law.' Part I of this note addresses the legal and social significance of viewing rape as ill-treatment rather than torture. As a legal matter, the classification of rape as ill-treatment systematically denies rape survivors\" the protections and remedies available to torture survivors under international treaties and domestic laws. On a societal level, the separation of rape from torture perpetuates myths about rape and denies women an equal right to dignity, as protected by international human rights law. To determine whether governmental rapes should be classified as torture or ill-treatment, Part II analyzes the difference between the international legal definitions of these two forms of abuse. This Part traces major events in the evolution of these two concepts with regard to several international and regional conventions. Ultimately, this Part suggests that one of the most significant legal distinction between torture and ill-treatment is that torture is understood as inflicting more pain and suffering than ill-treatment. Part III argues that the severe suffering caused by rape is comparable to that inflicted by torture, thus justifying the treatment of rape as torture under international law. This Part begins by comparing medical studies of rape survivors with similar studies of torture survivors. This comparison reveals that the psychological aftermath of rape is strikingly similar in intensity and duration to that experienced by other torture survivors. This Part then argues that, because of the unique impact of rape as a method of torture, rape may inflict even more trauma than other forms of torture, thereby inflicting \"torture plus\" on women. Part III concludes that, when government officials rape for political purposes, such rapes inflict at least torture and not merely ill-treatment. This note was cited favorably in three federal appellate decisions: 99 F.3d 954 (9th Cir. 1996), 395 F.3d 932 (9th Cir. 2002), and 333 F.3d 463 (3rd Cir. 2003))","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"61 1","pages":""},"PeriodicalIF":2.0,"publicationDate":"1996-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91048446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 4

The Discretionary Function Exception of the Federal Tort Claims Act 《联邦侵权索赔法》的自由裁量职能例外

IF 2 2区社会学

Georgetown Law Journal Pub Date : 1968-01-01 DOI: 10.2307/1336692

J. Reynolds

引用次数: 5

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