How are we now to handle the terrorists that, through the great exertions of dedicated Americans and our allies, have fallen into our hands? As ordinary criminal defendants with all the rights and privileges appertaining to? What should the law say? What should the next attorney general of the United States say?

My answer: Not too much. Such questions are why we have judges and courts and the saving common law - to weigh the context of each case rather than pretend we can foresee each and every circumstance that will arise and draw up rules and regulations to cover every one of them in some comprehensive Napoleonic code of interrogation. A short word for that approach is folly.

There's a reason why the greatest of legal guides - like the Ten Commandments and the Constitution of the United States tend to be written in general terms.

The fabled case in good old Anglo-Saxon law is that of the British admiral who won a great victory by breaking the line of battle against orders. What was to be done with him? The court decided to decorate and hang him, not necessarily in that order. Those of us who think the administration of justice should consider context, and prefer to be guided by actual outcomes rather than abstract theory, can hope the admiral was pardoned while still drawing breath.

Surely such a solution would be satisfactory to all, with the possible exception of the enemy. Should some interrogator torture a highly illegal combatant in U.S. custody in the course of saving the Republic, he could be presented his reprimand, medal and pardon all at the same time. But if it turns out he's been torturing some innocent camel driver from the Hindu Kush, let's throw the book at him. All the books. Let's go by results.

Rather than start compiling a list of non-negotiable Thou Shalt Nots, the distinguished senators in that hearing room should come out against torture and leave it at that, which is what this administration finally did. The alternative is to follow the hapless Alberto Gonzales into the step-by-step mire of deciding just what is unallowable torture and just what is "only" degrading and inhumane treatment. Go down that road and we could wind up outlawing basic training.

Somebody needs to remind these senators, not to mention the various literati and glitterati that are so concerned about the lives of terrorists - no, the comfort of terrorists - that we're at war (remember?) and can debate these fine points after victory is won, maybe decades from now, just as we now debate Abraham Lincoln's suspension of habeas corpus, not to mention freedom of the press. Mr. Lincoln had a way of putting first things first, like the preservation of the Union.

Going back to first things tends to put such questions in perspective. So does remembering a little history. Like December 7, 1941. And September 11, 2001. Instead, they're still asleep all over America.