Torture and just war

Journal of Religious Ethics 40 (1):26-51 (2012)
Abstract
I offer an argument for why torture, as an act of state-sponsored force to gain information crucial to the well-being of the common good, should be considered as a tactic of war, and therefore scrutinized in terms of just war theory. I argue that, for those committed to the justifiability of the use of force, most of the popular arguments against all acts of torture are unpersuasive because the logic behind them would forbid equally any act of mutilating or killing in battle. I will also argue that looking at torture through the perspective of the just war tradition forces us to place strictures on the practice that make it hard to justify, helps us to see why torture should never be legalized, helps us to clarify when circumstances might justify torture, and suggests what sort of character is required to recognize when those circumstances have occurred
Keywords law  virtue ethics  Christian ethics  just war tradition  human dignity  torture
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References found in this work BETA
Joel Feinberg (1985). The Mistreatment of Dead Bodies. Hastings Center Report 15 (1):31-37.
John McDowell (1979). Virtue and Reason. The Monist 62 (3):331-350.
Thomas Nagel (1972). War and Massacre. Philosophy and Public Affairs 1 (2):123-144.

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