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Torture—Is it Ever Ethical
Torture—Is it Ever Ethical
The principles of torture
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There has been an ongoing debate regarding torture and ethical reasoning to determine when or if its ever ok. Modern scholars such as Alan Dershowitz, Sam Harris, and Charles & Gregory Fried, have expressed different ideas on ethical torture. Ideas of ethical reasoning were established by John Stuart Mill and Immanuel Kant. Even though they did not specifically use torture as an example of ethical reasoning for decision making their rational can still be applied to this topic.
Immanuel Kant believed our moral decisions are based on categorical imperative. Categorical meaning absolute, something is true all the time and imperative meaning something is very important or necessary. (Merriam-Webster, n.d.). Kant believed consequences of an
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He remains objective to the concept of torture keeping his lawyer hat on. Dershowitz does this by looking at the concept of torture without bias. He understands the government’s stance and how it must look if they order torture, but we can’t allow torture to happen behind the scenes. It’s up to us as a society to come together and say what’s ok and what is not ok.
Dershowitz also goes on to say that in Israel torture has been an effective tool in obtaining information. The United States and Israel are close allies. (Dershowitz, 2006) Has the U.S. benefited from information obtained through torture from Israel? Our hands are in it, one way or the other. Understanding that regulations are needed for the betterment of all, will minimize extreme or unintended torture. I agree that torture is inevitable, I also agree laws could provide a clearer picture for those involved. Defining the steps to take when torture is used and clearly identify when it’s time to stop. Dershowitz argument is in line with Stuart Mills’ idea of consequentialism. The greater good of all is being considered in the decision making process. But, Kant would say legalizing torture doesn’t make it morally right. Legally performing torture is still morally wrong and
Who wouldn’t have agreed? Yes, torture is cruel but it is less cruel than the substitute in many positions. Killing Hitler wouldn’t have revived his millions of victims nor would it have ended war. But torture in this predicament is planned to bring no one back but to keep faultless people from being sent off. Of course mass murdering is far more barbaric than torture. The most influential argument against using torture as a penalty or to get an acknowledgment is that such practices ignore the rights of the particulars. Michael Levin’s “The Case for Torture” discusses both sides of being with and being against torture. This essay gets readers thinking a lot about the scenarios Levin mentioned that torture is justified. Though using pathos, he doesn’t achieve the argument as well as he should because of the absence of good judgment and reasoning. In addition to emotional appeal, the author tries to make you think twice about your take on
Until there is a credible way to determine whether or not torture is in fact effective, I pass judgment that the practice should be discontinued. The question as to if the torture policy is a human rights violation or if it holds crucial necessity, is not answered in the essay. Applebaum explores the reality that torture possesses negative implications on the inflictor. After presented with the compelling stance and evidence, Applebaum raises the interesting question as to why so much of society believes that torture is successful. I agree that the torture policy is wrong, a point emphasized by Applebaum, contrary to the popular attitude surrounding the topic.
Alan Dershowitz challenges the legitimization of non-lethal torture in his essay, “Should the Ticking Bomb Terrorist be tortured?” He claims that torture should indeed be legitimized for specific scenarios that require such action. The ticking bomb terrorist gives the example of a terrorist withholding time-sensitive information that could result in the death of innocent citizens, if not shared. Not only does Dershowitz challenge the idea of torture, but he also gives a probable solution that favors the legitimization the torture. He mentions three values that would have to be complied with by all three branches of government if it were to be legitimated, which Dershowitz does endorse. The arguments of the two perspectives discussed in the
In his essay “The Case for Torture,” printed in The Norton Reader 13th Edition, Michael Levin argues that torture is justified and necessary under extreme circumstance. He believes that if a person accepts torture to be justified under extreme cases, then the person automatically accepts torture. Levin presents weak argument and he mostly relies on hypothetical scenarios. There is not concrete evidence that torture solves problems and stop crime but rather the contrary. Under international law, torture is illegal and all the United Nation members have to abide by those rules. The use of torture does not keep people safe, but rather the opposite. Torture has a profound effect on democracy. As the use of torture becomes normal in society, the right of the citizen will suffer greatly.
“[Kant] fails… to show that there would be any contradiction, any logical (not to say physical) impossibility, in the adoption by all rational beings of the most outrageously immoral rules of conduct. All he shows is that the consequences of their universal adoption would be such as no one would choose to incur.”
Now, let’s say you do choose to torture this man, not only are the people directly in this situation going to be affected, but also the rest of the nation. We need to ask ourselves, what is going to be the true outcome? This includes thinking about how the enemy is going to react and how the nation is going to react. Torturing this man shames our nation as a whole, scars our repu...
Immanuel Kant is a philosopher of the early centuries, one of his well-known works is his moral theory which can be referred to as Deontology. The moral theory arises from the principle behind Deontology which is derived from -deon which signifies rule or law and -ology which means the study of. Kant designed his moral theory to be contradictory to utilitarianism which is a moral theory that focuses on the outcomes of an action. Beside other factors the moral theory is a non-consequentialist moral theory which in basic terms means the theory follows a law based system of making judgements and disregards the consequences. Kant once said “Actions are only morally good if they are done because of a good will” however, for Kant a good will is complex
On the opposite side, there are people very much in favor of the use of torture. To them, torture is a “morally defensible” interrogation method (8). The most widely used reason for torture is when many lives are in imminent danger. This means that any forms of causing harm are acceptable. This may seem reasonable, as you sacrifice one life to save way more, but it’s demoralizing. The arguments that justify torture usually are way too extreme to happen in the real world. The golden rule also plays a big rol...
The idea of this statement is to cause the reader to challenge the constitutionality of disregarding the civil rights of one person to protect the lives of millions. With such an extreme example, the line between right and wrong can easily be blurred to the average citizen. Is the choice of when to torture someone or not so easy? Yes, Lucas Stanley says, “If I knew my friends were in trouble, and some guy knew where or how to help them, damn straight, I would do everything in my power to help them.” This is the exact answer Levin was expecting from his article....
As Shunzo Majima describes it: “According to Kantian deontology, torture cannot be morally justified if an individual’s humanity and dignity are denied through torture and the torture victim is used merely as a means for achieving the purpose of torture” (Majima, 2012, p. 138). Because of the way torture gravely violates a person’s autonomy and treats them only as a means of getting information or for some other end, it is considered inherently wrong in the eyes of deontology. People who are tortured are no longer seen as human or respected as one; instead, they are seen only as tools that can be manipulated and used in order to achieve a certain result. This, to deontology, is morally
Kant believed that morality has to be something free and freely controlled by the person taking the moral action excluding consequences because consequences are not controllable. Morality is freely chosen and legislated universal law that any rational being could construct and all rational beings who want to be moral do
In Section One and Section Two of his work. Kant explores his position on his fundamental principle of morality, or his “categorical imperative”, or his idea that all actions are moral and “good” if they are performed as a duty. Such an idea is exemplified when he says, “I should never act except in such a way that I can also will that my maxim should become a universal law” (Kant 14). The philosopher uses examples such as suicide and helping others in distress to apply his principal to possible real life situation. Kant is successful in regards to both issues. As a result, it means that categorical imperative can plausibly be understood as the fundamental principle of all morality. Kant’s reasoning for his categorical imperative is written in a way that makes the theory out to be very plausible.
... value through discussing duty in light of a priori and experience. In conclusion, he suggests that because actions depend on specific circumstances, a priori beliefs cannot be extracted from experience. People’s experiences and actions are based on circumstantial motivations; thus they can’t conform to categorical imperatives either because categorical imperatives are principles that are intrinsically good and must be obeyed despite the circumstance or situation. Kant concludes that rational beings are ends in themselves and that principle is a universal law, which comes from reason and not experience.
As we analyze this scenario through the eyes of Kantian Deontology, it is imperative that we recognize that, for our purposes, the lives of the civilians in question are irrelevant. This is because, as stated earlier, the consequences of one’s actions are meaningless; it is only the intent and will that truly matter in deciding an actions morality. We are only concerned with discerning the moral nature of torture itself. By removing the possibility of a terrible outcome, Kant leads us to a clear verdict on torture. In response to the first question that Kantian’s must ask themselves, it appears that torture fails. Torture is certainly not a maxim that many would want to will into the natural law. The second formulation of the categorical imperative, the basis of the second question that Kantian’s need to consider, is where torturing for information is declared absolutely impermissible. By torturing someone for information, specifically the location of several bombs, we are disregarding their rational autonomy by using them merely as a means only (Reitan). There is one scenario where the torture of the criminal could be considered morally acceptable. This is supported by Kant’s stance on capital punishment. Some may find this surprising, but Immanuel Kant was a
Despite the media coverage given to Israel by the Convention against Torture, there is still a significant amount of torture going on and since no legal steps have been taken to implement domestically the Convention against Torture, the Convention does not form part of the domestic law of Israel and its provisions cannot be invoked in Israeli courts. The convention has exposed the tortures occurring in Israel, and set the groundwork for eliminating torture, but still has had no significant effect in controlling the problem of human rights violations with regard to torture. The US is supposedly the most free, democratic, fair and just country. However, at the core is a horrible history and current actions of torture.... ... middle of paper ...