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The case for torture analysis
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Advantages of torture
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Torture Against Human Rights
Iain Banks once stated on the topic of torture, “torture is such a slippery slope; as soon you allow a society or any legal system to do that, almost instantly you get a situation where people are being tortured for very trivial reasons” (Goodreads). When used in the appropriate way, torture can be very effective; however, it is often taken advantage of and is never acceptable. It has shown in the past that once a country has been accused of using torture, all credibility is lost and they are understandably looked down on. Torture is an extreme violation of human rights.
Torture was started by early Romans dating back to 530 A.D. It was usually mainly used on criminals and slaves. Although they were hesitant to use torture, it does not at all mean that they took it lightly. Very violent forms of torture were used on criminals (Pennington). They matched the method of torture to the crime that was committed. If the crime was bad enough, the criminal being tortured was never released just tortured until the point of death. There were two very common forms of torture used for serious punishment. One of them was the Coffin Torture. This was a good example of torture that depended on the crime. The victim was placed in the device called The Coffin and tied up so they couldn’t move any part of their body at all. The crime they committed determined the amount of time they spent in there. For serious crimes, such as blasphemy, the victim was left there until death. The cause of death was usually heat exhaustion, but they were also tormented by hunger, and animals chewing on their flesh.. For obvious reasons, this was a feared form of torture, unfortunately also a favorite among torturers. The other common ...
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...n). Only after being put through abuse that no person should have to endure. This is definitely torture. When this was going on in Germany, several countries thought that no one deserved to be treated that way, so they joined the war against Germany to stop Hitler. Why then, is it not okay for Germany to do it, but all the countries that joined together to stop it think it’s okay for them to do it? It doesn’t matter who does it, it’s not excusable.
Torture is a tool used to gain information, for punishment, or for revenge. People think it’s okay to use torture as long as it’s for a good reason, but what excuse is there to justify torture? Violating a person’s rights and treating them like less than a human is never acceptable. Although torture is sometimes successful in getting valuable information, it’s not worth stripping someone of their rights as a person.
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.
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 have been many humanitarians that strive to help countries suffering with human right abuses. People think that the help from IGOs and NGOs will be enough to stop human rights violations. However, it hasn’t been effective. Every day, more and more human rights violations happen. The problem is escalating. People, including children, are still being forced to work to death, innocent civilians are still suffering the consequences of war, and families are struggling to stay firm together. Despite the efforts from the people, IGOs, and NGOs, In the year 2100, human rights abuse will not end.
Torture was used quite often to get essential information if the criminal was not willing to confess (Brackett). This is one technique that is rarely used or no longer used in today’s society. Another technique that was used in the renaissance era was that if one family member was guilty of a crime, the family of that criminal would get punished along with the criminal (Muir). There was also an option for the plaintiff of a court case to pay court costs and reverse the charge on to the claimant if the claimant could not prove his or her case (Brackett). These procedures are obviously not used anymore in today’s society.
From a moral standpoint, torture is wrong and unacceptable. Many religious people are against this act of violence because they see it as a violation of the dignity of a human being. Humans have the right to not have intentional harm upon themselves from others. The ban on torture furthermore supports this certain right. Not only does torture violate people’s rights, but they also violate the demands of justice. In the past, many of our nation’s people have been tortured and we have had a problem with it; but when it’s not you the one that is being tortured, it seems to be fine. Have you heard of the golden rule, “Treat others only as you consent to being treated in the same situation? (7)” This applies very well to this problem.
In “The Case For Torture” an article written by Michael Levin, he attempts to justify the use of torture as a means of saving lives. Throughout the article, Levin gives the reader many hypothetical examples in which he believes torture is the only method of resolution. Though I agree with Levin, to some degree, his essay relies heavily on the fears of people and exploits them to convince people into thinking pain is the only way. In certain aspects, I could agree entirely with Levin, but when one reads deeper into the article, many fallacies become apparent. These fallacies detract from the articles academic standing and arguably renders the entire case futile. Levin’s strategy of playing with the fears of people is genius, but, with more creditable details of the issue the article would have sustained the scrutiny of more educated individuals. The addition of more concrete information, would have given people something to cling to, inherently improving the articles creditability.
Torture is one of the most extreme methods of eliciting information; unfortunately, it has been used for centuries and is still prevalent worldwide.
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.
Cesare Beccaria discusses the issue of torture in his work An Essay on Crimes and Punishments. He states that either a crime is certain or uncertain, and in either circumstance, torture is not a legitimate punishment (Beccaria 530). When a crime has certainly been committed and already has a punishment assigned to it by law, it is useless to torture because you do not need to torture the convicted person to get a confession. If the proof is insufficient to convict the person in question of committing the crime, “it is wrong to torture an innocent person, such as the law adjudges him to be, whose crimes are not yet proved” (Beccaria 530). Torture, therefore, is not acceptable in any case of punishment and should not be used.
... in World War II led to the creation of the United Nations Universal Declaration of Human Rights and the Geneva Convention. Both prohibited and made torture illegal (Woodard). But torture does not stop there. Torture is just as present in today’s world as it was decades ago. Recently, pro-Ukraine citizens have been abducted and tortured for supporting their country. Pro-Russians obviously do not agree with them and torture seems as if it is the best way to deal with them(Bigg). From ancient times to 2014, torture is used to punish people for either breaking the law or simply not conforming to other peoples’ beliefs. Sure it seems as if our world today is completely different, which it is, but that is just the physical look of it. The people in society haven’t changed. They still have their cruel, cold hearts. And that is not going to change anytime soon.
The moral issue of torture is one that has come under scrutiny by many national and international organizations as of late. To talk about torture one must really understand what torture is. As taken from Dictionary.com “1.a. Infliction or severe physical pain as a means of punishment or coercion. b. An instrument or a method for inflicting such pain. 2. Excruciating physical or mental pain; agony. 3. Something causing severe pain or anguish.” This is just the literal meaning of the word but doesn’t entail the great horror that usually accompanies torture. As stated in the “Ticking Bomb” example given on the instruction sheets, “The interrogation won’t be pretty, and the prisoner may never recover. Shall we do whatever is necessary?” On what moral level is bringing a human being to humiliation, unbearable physical and mental abuse, and most of the time an ultimate end ever an acceptable practice? Torture should be as unthinkable as slavery. In principle it is: since World War II, governments the world over have agreed to ban torture without exception, even when at war or facing acts of terrorism. International treaties banning torture and other, inhuman, and degrading practices are among the most widely ratified treaties in existence. It is not just the United States that endorses these practices; it is over 150 counties according to the United Nations expert on torture Theo van Boven. Since the United States has gone to “war on terror” in Afghanistan, the president and other top officials seem to think that we are not actually “at war” rather these detainees are outside the realm of prisoners of war (POW) status and they don’t have rights under the Geneva Conventions. Now governments are returning alleged terrorists or national security suspects to countries where they are at risk of torture or ill treatment. This is just a reminder as to why the U.S. did not join the International Criminal Court because they have the “bad man” mindset knowing that they will or already use these tactics. There are many reasons as to why torture is immoral and three of these such reasons are; torture is an unreliable source of information and can work against a government, torture is illegal under most every nations’ laws, and torture is just plain immoral and that is the reason it is illegal.
Torture can be defined as the “intentional infliction of physical and mental suffering aimed at forcing someone who is defenceless at the purpose of breaking their will” (Rodley, 2000). It is important to note, that if a person has been tortured, even if their mental will has not been broken, the process and the purpose of torture is to break the victims will. Thus, the purpose does not have to be realised for the process to be considered an instance of torture. With that being said, under international law, torture is illegal in any form or situation whatsoever. Although it continues throughout the world, issues such as the “War on Terror” with the possibility of WMDs has resulted in an influx of questions regarding torture and its moral justifications in some extreme emergencies. The dilemma of “ticking bomb terrorist” is a perfect example of this. (See Case Study 1 below)
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.
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.