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On Cruelty and the Law

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This essay examines the concept of cruelty as a persistent and paradoxical feature of human society and the law's uneven efforts to define, regulate, and at times justify it. Drawing on philosophy, literature, international human rights instruments, and American constitutional doctrine, the essay develops a functional definition of cruelty grounded in intentional suffering, lack of moral necessity, and violations of human dignity. It traces how U.S. law addresses cruelty across doctrinal do...