The Argument for Torture
Below is a MRR and PLR article in category Reference Education -> subcategory Legal.
The Case for Torture: An Analysis
Summary:
The "ticking bomb" dilemma, re-examined by Alan Dershowitz after September 11, asks whether physical torture should be used to locate a bomb and save innocent lives when psychological methods fail. This ethical quandary has challenged thinkers from Britain to Israel.Practical Considerations
Alan Dershowitz, a prominent US lawyer, revived the "ticking bomb" scenario post-9/11, questioning the use of torture in urgent situations to prevent mass casualties. This ethical challenge is not new, having been debated in various countries, including Israel, where the Supreme Court once permitted "moderate physical pressure" in interrogations. However, abuses led to its revocation in 1999, highlighting how easily ethical boundaries can be crossed.
Harvey Silverglate critiques Dershowitz, warning that legitimizing torture could make it uncontrollable and more widespread, used beyond life-saving scenarios to illicit false confessions or satisfy sadism. Yet, arguing for a complete ban based on potential misuse is weak, similar to banning guns or cars due to their potential for harm.
Torture, often seen as punishment, is more of an interrogation method. Unlike punishment, it aims to gather crucial information. True, it might yield false confessions, but so can other interrogation methods.
A narrow, regulated use of non-lethal torture, overseen by a public body with medical oversight, could be ethically justified in rare cases. Israel's system showed declines in misconduct with public guidelines, though improvements are needed.
Emphasizing that only state-sanctioned entities should wield such power is vital. Governments have rights individuals do not, like enforcing law and order.
Dershowitz argues that in the US, interrogation techniques, including torture, aren't entirely banned but restricted in court evidence use.
C.S. Lewis, reflecting on moral wrongs, questioned our ability to label enemy actions as wrong unless they understood and ignored morality. Legal torture must never target innocents based on arbitrary traits, maintaining the state's moral standing.
Contrary to "The Economist," torture is not taboo. Taboos are religious or ritualistic prohibitions, unlike torture, which is often state-sanctioned.
Amnesty International's findings highlight widespread torture, illustrating a disconnect between public declarations and reality. Many nations use torture as a law enforcement tool while publicly renouncing it for political gain, a stance unsustainable in crises.
During war or threats to innocent life, even liberal courts have permitted extreme measures. Laws adapt to common sense and utilitarian ethics under these conditions.
Ethical Considerations
Rights imply obligations from others towards the right-holder, instructing how they must act, not how they should morally behave.
Complex rights, such as not being tortured, are amalgams of principles like mental integrity and avoiding self-incrimination. These aren't absolute and must be balanced against other rights, like saving lives.
The rights of potential victims or society can outweigh those of the individual being tortured in scenarios where it's the sole means of preventing harm.
Judaism and other systems accept self-defense, even lethal, against threats, aligning with the moral basis for extreme measures like pursuing terrorists.
Utilitarian ethics support torture if it saves more lives than it harms, prioritizing the greater good.
The Social Contract
Rights aren't absolute but balanced with collective interest and obligations to others. Abrogating one's rights by refusing collaboration in preventing disasters could extend to abrogating their protection from torture.
Thus, in extreme cases with strict oversight, torture might be ethically permissible, aligning individual rights with societal safety.
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