ON TORTURE
This paper will systematically investigate different positions taken on the moral permissibility of torture, to reveal that torture is not to be accepted or justified under any circumstance.
In order to effectively address the matter, we ought to come to definitional terms with “torture”, despite the lack of unanimity and the spread of contextual usage of the term. For the scope of this paper, the term “torture” will be adopted to refer to any act by which mental or physical pain is inflicted on a person as punishment for an accused act, or coercion as a means to acquire confessions or information.
In defense of the argument for the absolute prohibition of torture the understanding of the phenomenology of torture is pivotal;
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The best exemplification of that argument adopted by people sharing this view is a hypothetical scenario known as the “ticking-bomb”; whereby an interrogator is informed that there is an imminent attack threatening a huge population of people and there is clear evidence that the person being interrogated is withholding vital information regarding the place of the bomb. What is more, the interrogator is proficient at torture techniques and through causing physical and psychological suffering can extract the required information that will save the lives of countless people. Hence the question to be asked is whether or not to move forward with torture. This leaves the people who believe that torture is wrong with a moral dilemma, for if they were to say “no” then they are placing their moral correctness ahead of the lives of those in danger. By following such narcissistic reasoning they have failed to be compliant with their moral values; however, there are others that believe that the moral thing to do is to sacrifice ourselves. So it seems that those who deny the moral permissibility of torture, in such cases, are conceding to the moral permissibility of killing.
The argument is based on the following premises:
1-Torture is necessary to protect the people.
2-It is in the people’s interest to take moral precedence over others’ interests.
3-Hence, it is morally permissible to go forward with torture.
It is clear that the argument is not sound, since the first premise is assuming that torture is a necessity and the second premise is no less morally problematic or
In " Torture's Terrible Toll", an essay written by John McCain, the topic of torture is highly discouraged. McCain feels very strongly that it should not be allowed except in only a very high risk and time sensitive situation. McCain makes six claims throughout the rest of the essay. They are that the abuse of prisoners harms the war effort, that prisoner abuse has a terrible toll and threatens our moral standings, that mistreatment of prisoner harms us more than our enemies, that we shouldn't have to compromise our values to get information, that torture is torture whether physical or mental, and that we should not compromise our values and lose the sense of honor that we hold. Basically, he is saying that the United States should show that they are different from other nations.
After finding some torture tactics, it helped me research about the negative effects of torture. In his article, “Torture is a Crime”, Curt Goering listed the negative effects of torture. He argues that torture is illegal, ineffective, immoral and makes those around us unsafe. Curt uses ethos in his piece to back up his main argument. For example, he mentions that in 1984, the UN adopted the Convention against torture and it was ratified by the U.S. Senate in 1990.
Mahatma Gandhi, the preeminent leader of the Indian independence movement states “You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind.” This is important because torture is brutal on the body and mind. The article “Torture’s Terrible Toll” by John McCain is more convincing then the article “The Case for Torture” by Michael Levin because McCain provides more logical reasoning, he adds his own personal experience of being a captured prisoner during the Vietnam War, and he creates an emotional bond with people around the world. Through more logical reasoning McCain Argument is more valid than Levin.
In the case that there is sufficient evidence of guilt as well as coconspirators, torture may be allowed but none that is inhumane. Document B: The Massachusetts Body of Liberties allows torture in the case that somebody is deemed guilty by clear evidence. In the Laws of Connecticut Colony, no torture is allowed whatsoever. Document C: Mather advises judges to continue the regular American method of obtaining confessions and to abstain from torture, for confusion is more likely to get a confession than torture. Document D: Henry warns that Congress will attempt to extort confession by practicing torture.
In medieval times, torture was used to punish criminals, deter crime, and gather information. There were many different types of tortures, most of which were brutal and painful. At the time, torture was deemed necessary to maintain order. Laws were harsh and torture was severe, but effective form of punishment. Despite its effectiveness, torture was often an unfair and extremely cruel punishment, and should have been eliminated in all forms.
In this article the author asks the question as to whether torture is a viable source in getting information. Since there is other moral ways of getting information. Some of these methods have shown to be more efficient. They also leave the victim’s mind intact. Janoff-Bulman, Ronnie.
While analyzing “The Torture Myth” and “The Case for Torture”, it is very clear to see the type of rhetorical appeals used to persuade the audience. Anne Applebaum, the writer of “The Torture Myth” --in context of the decision of electing a new Attorney General--would argue that torture is very seldomly effective, violates a person’s rights, and should be outlawed due to the irrational need upon which physical torture is used. On the other hand, Michael Levin strongly argues that physical torture is crucial to solving every imminent danger to civilians. Levin claims that if you don’t physically torture someone, you are being weak and want to allow innocent people to die over something that could have been simply done.
During the medieval era torture was considered a legitimate practice in getting a confession or to receive the name of any accomplice in the crime committed. The crime committed and the accused individual’s social class determined the form of torture. However individuals were primarily toured for acts of treason. Torture was inflicted by the Church, because only Monarchs and the highest nobles were allowed to inflict torture. Torture occurred so often during the medieval era that public holidays were declared for mass torture events.
Without any proof, a person can be punished for a crime for being accused of it. No excuses were tolerated for receiving a punishment. If a person begged for mercy or forgiveness, the torture methods had the potential of being much worse (Lestikow). Common torture methods were beating, burning, drowning, poisoning, and stretching a criminal 's body.
In Michael Levin’s “The Case for Torture”, he uses many cases of emotional appeal to persuade the reader that torture is necessary in extreme cases. There are many terms/statements that stick with the reader throughout the essay so that they will have more attachment to what is being said. Levin is particularly leaning to an audience based in the United States because he uses an allusion to reference an event that happened within the states and will better relate to the people that were impacted by it. The emotional appeals used in this essay are used for the purpose of persuading the reader to agree that in extreme instances torture is necessary and the United States should begin considering it as a tactic for future cases of extremity. One major eye catching factor of this essay is the repetitive use of words that imply certain stigmas.
In Michael Levin's The Case for Torture, Levin provides an argument in which he discusses the significance of inflicting torture to perpetrators as a way of punishment. In his argument, he dispenses a critical approach into what he believes justifies torture in certain situations. Torture is assumed to be banned in our culture and the thought of it takes society back to the brutal ages. He argues that societies that are enlightened reject torture and the authoritative figure that engage in its application risk the displeasure of the United States. In his perspective, he provides instances in which wrongdoers put the lives of innocent people at risk and discusses the aspect of death and idealism.
With regard to arguing against torture using Aristotle’s virtue theory, Book II of Nicomachean Ethics states that “we are adapted by nature to receive [virtues], and are made perfect by habit” (295). The idea of perfecting virtue by habit is established by striving for the ultimate goal of obtaining maximum happiness or true virtue of character. That is, exercising in consistently virtuous behaviors (i.e., interactions with people, alone, etc.) will determine, through conditioning, an individual’s true virtue of character. As Aristotle rightly stated, “so we too become just by doing just acts” and “This is why the activities we exhibit must be of a certain kind,” we should condition ourselves to develop just and virtuous characters and frown
I. Introduction According to Mirko Bagaric and Julie Clarke (2005), “a rational examination of torture and a consideration of hypothetical (but realistic) cases show that torture is justifiable in order to prevent great harm.” I agree to the statement above as justifying torture will minimize future harm. But how does justifying torture minimize future harm? This essay will further breakdown the circumstances in which torture is justifiable.
Torture is universally prohibited in both national and International law worldwide. It is a fundamental violation of human rights that cannot be derogated from. Essentially, torture is said to constitute any physical and mental act by which severe pain or suffering is intentionally inflicted upon a person ( UNCAT).Torture is mainly used for purposes that are set out to degraded, embarrass, and induce destruction in the person being subjected to torture and those in close relation to the person being tortured .Torture is a mechanism used by those in authoritative positions to preserve themselves in power (Power, 2006:2). Despite the universal prohibition on torture, its use has been widespread throughout history, and especially of late in the wake of September 11 2001 and other recent terrorist atrocities to combat the aforementioned heinous terrorist attacks.