Assessing (and Making Sense of) Severity: Conceptualising and Contextualising Torture’s Core

Research output: Contribution to journal › Journal article › Research › peer-review

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Assessing (and Making Sense of) Severity : Conceptualising and Contextualising Torture’s Core. / Cakal, Ergun.

In: Nordic Journal of International Law, Vol. 91, No. 2, 2022, p. 284-309.

Research output: Contribution to journal › Journal article › Research › peer-review

Harvard

Cakal, E 2022, 'Assessing (and Making Sense of) Severity: Conceptualising and Contextualising Torture’s Core', Nordic Journal of International Law, vol. 91, no. 2, pp. 284-309. https://doi.org/10.1163/15718107-91020003

APA

Cakal, E. (2022). Assessing (and Making Sense of) Severity: Conceptualising and Contextualising Torture’s Core. Nordic Journal of International Law, 91(2), 284-309. https://doi.org/10.1163/15718107-91020003

Vancouver

Cakal E. Assessing (and Making Sense of) Severity: Conceptualising and Contextualising Torture’s Core. Nordic Journal of International Law. 2022;91(2):284-309. https://doi.org/10.1163/15718107-91020003

Author

Cakal, Ergun. / Assessing (and Making Sense of) Severity : Conceptualising and Contextualising Torture’s Core. In: Nordic Journal of International Law. 2022 ; Vol. 91, No. 2. pp. 284-309.

Bibtex

@article{6f359c27eea9498ca7c449a3fae8caac,
title = "Assessing (and Making Sense of) Severity: Conceptualising and Contextualising Torture{\textquoteright}s Core",
abstract = "The element of severity remains core to the definition and interpretation of torture under international law. It has long represented a source of confusion and obfuscation for the legally-oriented anti-torture professional, whether academic, advocate or adjudicator. Its character as decisive differentiator, setting torture apart from cruelty, inhumanity and degradation, remains problematically entrenched and contested. It is a legal construct not finding its origins in the scholarship on pain, and evades precise measurement – as pain is socio-culturally constructed, relative and subjective. Accepting the prevailing complexity and addressing the perennial ambiguity, this article aims to offer some clarifications towards conceptualising and contextualising, and thereby better specifying and applying, torture{\textquoteright}s core.",
author = "Ergun Cakal",
year = "2022",
doi = "10.1163/15718107-91020003",
language = "English",
volume = "91",
pages = "284--309",
journal = "Nordic Journal of International Law",
issn = "0902-7351",
publisher = "Brill - Nijhoff",
number = "2",

}

RIS

TY - JOUR

T1 - Assessing (and Making Sense of) Severity

T2 - Conceptualising and Contextualising Torture’s Core

AU - Cakal, Ergun

PY - 2022

Y1 - 2022

N2 - The element of severity remains core to the definition and interpretation of torture under international law. It has long represented a source of confusion and obfuscation for the legally-oriented anti-torture professional, whether academic, advocate or adjudicator. Its character as decisive differentiator, setting torture apart from cruelty, inhumanity and degradation, remains problematically entrenched and contested. It is a legal construct not finding its origins in the scholarship on pain, and evades precise measurement – as pain is socio-culturally constructed, relative and subjective. Accepting the prevailing complexity and addressing the perennial ambiguity, this article aims to offer some clarifications towards conceptualising and contextualising, and thereby better specifying and applying, torture’s core.

AB - The element of severity remains core to the definition and interpretation of torture under international law. It has long represented a source of confusion and obfuscation for the legally-oriented anti-torture professional, whether academic, advocate or adjudicator. Its character as decisive differentiator, setting torture apart from cruelty, inhumanity and degradation, remains problematically entrenched and contested. It is a legal construct not finding its origins in the scholarship on pain, and evades precise measurement – as pain is socio-culturally constructed, relative and subjective. Accepting the prevailing complexity and addressing the perennial ambiguity, this article aims to offer some clarifications towards conceptualising and contextualising, and thereby better specifying and applying, torture’s core.

U2 - 10.1163/15718107-91020003

DO - 10.1163/15718107-91020003

M3 - Journal article

VL - 91

SP - 284

EP - 309

JO - Nordic Journal of International Law

JF - Nordic Journal of International Law

SN - 0902-7351

IS - 2

ER -

ID: 285261742