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Three Formulations of the “Categorical Imperative”
Three Formulations of the “Categorical Imperative”
Torture in human rights
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Torture has been used to gather information, to intimidate or control people by intentionally inflicting physical or mental pain on a person without legal cause and, therefore, is considered as a moral unjustifiable act which dehumanized an individual and this deed should only be carried out if its grounds justifies the act of torturing someone.
Human beings have values and when they are treated as an end, their native values are respected but by torturing people, the victims are treated as a means to an end. A person’s physical body should not be used as a tool to achieve the aims of the torturer. When this action is done the victim is used a “thing”. According to Kant’s theory known as the categorical imperative: “Act in such a way that you always treat humanity, whether in your own person or in the person of any other, never simple as a means, but always at the same time as an end” (Fieser 179).
Torture is morally wrong under The Golden Rule of The Normative Theory. This theory includes what is morally right or wrong, how
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Any action that are inappropriate to humans are actions that one should not indulge in to harm another individual. One should stay away from any unjustifiable action and protect human’s life. In Natural Law Theory, according to Aquinas’s six natural inclination which states that “All acts that are unsuitable for human ends are acts that we should not do”, “All acts that harm others are acts that are unsuitable for human ends”, “Therefore, all acts that harm others are acts that we should not do and henceforth, avoid harming others” (Fieser 60). Another principle according to Aquinas is the synderesis principle. This principle is based on an argument that people should avoid evil and do good, and torturing is evilous. According to Aquinas’s highest principle of natural law: “good is to be sought and done, and evil to be avoided” (Fieser
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.
Once torture is accepted, it has a high chance of going down a “slippery slope” as Dershowitz puts it. He introduces case utilitarian justification, which deems torture appropriate as long as the benefits outweigh the cost. He uses a hypothetical question posed by Ivan Karamazov that creates a scenario that exhibits the absence of limitations in case utilitarian justification. As one could imagine, during torture, an absence of limitations is not ideal. Karamazov questions whether a person would be willing to sacrifice an innocent child’s life to give eternal happiness and peace to all of man. This demonstrates the concern of a person doing anything to achieve a certain objective, as long as the cost falls below the benefit. However, Dershowitz claims that the worry of a slippery slope is simply an “argument of caution” being that all settlements with a single source of absolute control could fall into a slippery
Before addressing the dilemma of capital punishment and its relation to Kant's "Respect for Persons" ethics, it is important to be informed of the background of this dilemma. A topic of growing and heated debate in today's society, capital punishment involves many more aspects than the average citizen may think. This controversial practice, which is also commonly referred to as the death penalty, is defined as the legally authorized killing of someone as punishment for a crime. Today, the federal government and thirty-two of the fifty states permit execution for first-degree murder. (Death Penalty Information Center) A majority of executions are carried out through lethal injection, but electrocution, hanging, the gas chamber, and firing squads are still legal in a few states. In states that allow for more than one option, death row inmates are allowed to choose their execution given qualifying circumstances. Under specific circumstances and in certain jurisdictions, treason, kidnapping, aggravated rape, felony murder, and murder while unde...
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.
there. Therefore, Torture is illegitimate. Torturing is however, is an illegal act only when the
Capital punishment and torture are often looked down on in today’s societies because they are viewed as cruel and unconstitutional, but perhaps they would help in more ways then we would like to admit. They can be beneficial in many ways such as encouragement to be truthful, encouragement to live by the laws, and as a source of punishment. Capital punishment and torture are thought to be too painful, and the person doing the punishment is also committing a crime.
In order to assess the morality of torture, one needs to define it. According to the Tokyo Declaration of 1975 torture is “the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more persons acting alone or on the orders of any authority, to force another person to yield information, to make a confession or for any other reason.” This definition’s generality severely limits harmless interrogations by police. The United Nations changed the definition to include severe physical suffering, deliberate intentions, and also added that the action cannot be part of a lawful sanction. The US later revised the definition “to include only the most extreme pain” in 200...
In dystopian literature there are many forms of torture that make life unbearable. One of the beliefs that contribute to this torture is hierarchy system. In the novel 1984 by George Orwell and the movie Brazil directed by Terry Gilliam, there are ambitious protagonists named Winston Smith and Sam Lowry who put forth a battle against their torturous world. A third reference "The Right to Information India's Struggle Against Grass Root Corruption" written by Roy Bunker, criticizes the Indian government and their corrupt practices leading to poverty and torture of the poor to maintain control over their societies. These three texts portray government of developing countries torturing their citizens with the help of hierarchical
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...
Torture is the intentional infliction of extreme physical suffering on some non-consenting, defenseless person. Torture in any form is used to punish, coerce, or afford sadistic pleasure.
This paper will focus on Capital Punishment, which we will define as execution through means of lethal injection administered by an executioner to someone convicted of murder, and for the purpose of this paper murder will be established as killing an innocent person in cold blood. It will concern the dehumanization of the condemned and the inappropriateness of employing the same morality and ethicality to someone who in the eyes of the public have lost all humaneness. Dehumanization will be, for the sake of my argument, classified as depriving someone from his humanity, and by depriving them of humanness, which is essential to ethics; we fracture the foundation of morality and ethics because without humans there is no morality or ethicality. I will argue that Capital Punishment undermines ethical and moral foundations in particular Kant’s theories by dehumanizing the condemned, therefore, opposing ethical arguments supporting Capital Punishment by making morality and ethicality inapplicable to someone who has had his humanity denied to him. I will first outline the various reasons in how the condemned is stripped of their humanity by demonstrating how it violates the value of life and how using it as revenge and as a deterrent of other crimes goes against Kant’s “Practical Imperative” which states that no human being should be seen as a means to an end because this essentially strips him of the right to live for himself. I will also show how Kant’s ethical theory regarding Capital Punishment, in which he indicates that taking a human life should always be punished by taking the offenders life, has contradictions especially in respect to the head of state where the same rules do not apply to them (Avaliani). The authorities are ...
Though torture and enhanced interrogation are similar in that they both force information from captured individuals, they are basically different due to motives as well as extreme measures used. Enhanced interrogation is used by the United States for certain interrogation methods including “walling, facial hold, facial slap, cramped confinement, wall standing, stress positions, sleep deprivation, and water boarding” (Quigley 3). This method of interrogation is protected against international criminal prosecution. However, torture is known as the practice of inflicting “cruel, inhumane, degrading infliction of severe pain” (Beehner 1) and is “often used to punish, to obtain information or a confession, to take revenge on a person or persons or create terror and fear” (Quiroga 7). Like enhanced interrogation, torture can be used to retrieve information. However, the motive of using torture is not always to save lives. Although enhanced interrogation us...
To begin this discussion on mortality, it is necessary to define the moral context. Therefore, for the purposes of this essay, I define the act of regularly torturing people to death without due judicial process as an affront on general morality. Discussions of Kant's views on free will would suggest that this is because taking a person's life deprives them of their free will (Newton). The act of torture, which, by definition, is an activity which the participant does not wish to engage in, also deprives a person of free will. The act of ending a person's life also deprives society of further contributions from that person which is a key element of greater enlightenment. The lack of due judicial process is more ambiguous and is not the major subject of this essay.
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
In conclusion, the convention against torture, has brought many people together, and has informed many people of the horrible tortures which go on everywhere from the US to Syria. It has tried to set fine lines which prohibit torture under all circumstances. However, since there is no governing body over countries, it remains difficult to enforce the human right standards sought after by the Convention against torture. The convention has therefore done a good job at identifying the torturers. This has in turn lessened the amount of those persecuted. It will remain a gradual process to eliminate torture from all countries, but nevertheless a necessity, in the quest for universal human rights. Torture will continue until all countries decide for themselves, and not from a third party convention that freedom from torture is a human right everyone deserves.