Do norms reduce torture?

Michael J. Gilligan, Nathaniel H. Nesbitt

    Research output: Contribution to journalArticlepeer-review

    Abstract

    One of the most important developments in international political and legal theory over the last 15 years has been the assertion that norms affect state behavior. Scholars have claimed that states are constrained by norms of appropriate behavior and furthermore that norms actually change ("reconstitute") states' understandings of their interests, thereby leading states to adapt their behavior in accordance with these new understandings. We test the proposition that norms alter state behavior with respect to the expanding international norm against torture from 1985 through 2003. Unfortunately, we find no evidence that the spreading of the international norm against torture, measured by the percentage of countries in the world that have acceded to the United Nations Convention against Torture, has led to any reduction in torture according to a variety of measures.

    Original languageEnglish (US)
    Pages (from-to)445-470
    Number of pages26
    JournalJournal of Legal Studies
    Volume38
    Issue number2
    DOIs
    StatePublished - Jun 2009

    ASJC Scopus subject areas

    • Law

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