This book is a passionate call for citizen action to uphold the rule of law when government does not. Arguing that post-9/11 legislation and foreign policy severed the executive branch from the will of the people, Elaine Scarry in Rule of Law, Misrule of Men offers a fierce defense of the people's role as guarantor of our democracy. She begins with the groundswell of local resistance to the 2001 Patriot Act, when hundreds of towns, cities, and counties passed resolutions refusing compliance with the information-gathering the act demanded, showing that citizens can take action against laws that undermine the rights of citizens and noncitizens alike. Scarry, once described in the New York Times Sunday Magazine as "known for her unflinching investigations of war, torture, and pain," then turns to the conduct of the Iraqi occupation, arguing that the Bush administration led the country onto treacherous moral terrain, violating the Geneva Conventions and the armed forces' own most fundamental standards. She warns of the damage done to democracy when military personnel must choose between their own codes of warfare and the illegal orders of their civilian superiors. If our military leaders uphold the rule of law when civilian leaders do not, might we come to prefer them? Finally, reviewing what we know now about the Bush administration's crimes, Scarry insists that prosecution—whether local, national, or international—is essential to restoring the rule of law, and she shows how a brave town in Vermont has taken up the challenge.
Throughout the book, Scarry finds hope in moments where citizens withheld their consent to grievous crimes, finding creative ways to stand by their patriotism.
A Boston Review Book
About the Author
Elaine Scarry is the Walter M. Cabot Professor of Aesthetics and the General Theory of Value at Harvard University. She is the author of The Body in Pain, On Beauty and Being Just, and Who Defended the Country?
"Excoriating and elegant, Elaine Scarry takes us to the big issues: why the rule of law matters, what went wrong, and what is needed to put it right."
Philippe Sands, author of Lawless World and Torture Team, Professor of Law, University College London
"Some of the most trenchant and passionate analysis of the politics of democracy and terror in the United States. These essays are a searing call to conscience, an eloquent plea for justice, and a damning indictment of the Bush administration's response to 9/11."
—David Cole, Professor of Law, Georgetown University, coauthor of Less Safe, Less Free: Why America Is Losing the War on Terror