The Moral Justifiability of Torture and other Cruel, Inhuman, or Degrading Treatment

Abstract
Since Henry Shue’s classic 1978 paper on torture, the “ticking-bomb case” has seemed to demonstrate that torture is morally justified in some moral emergencies (even if not as an institution). After presenting an analysis of torture as such and an explanation of why it, and anything much like it, is morally wrong, I argue that the ticking-bomb case demonstrates nothing at all—for at least three reasons. First, it is an appeal to intuition. The intuition is not as widely shared as necessary to constitute the required demonstration. Second, the intuition is not as reliable as necessary for such a demonstration. We lack the experience that would vouch for it. And, third, Shue’s own discussion suggests that what we are intuiting (if we share Shue’s intuition) is an excuse rather than a justification
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
 Save to my reading list
Follow the author(s)
My bibliography
Export citation
Find it on Scholar
Edit this record
Mark as duplicate
Revision history Request removal from index
 
Download options
PhilPapers Archive


Upload a copy of this paper     Check publisher's policy on self-archival     Papers currently archived: 10,788
External links
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library
References found in this work BETA

No references found.

Citations of this work BETA
Shunzo Majima (2012). Just Torture? Journal of Military Ethics 11 (2):136-148.
Similar books and articles
J. Jeremy Wisnewski (2008). It's About Time: Defusing the Ticking Bomb Argument. International Journal of Applied Philosophy 22 (1):103-116.
Kevin Murtagh (2012). What is Inhuman Treatment? Criminal Law and Philosophy 6 (1):21-30.
Seumas Miller (2005). Is Torture Ever Morally Justifiable? International Journal of Applied Philosophy 19 (2):179-192.
Christopher W. Tindale (2005). Tragic Choices. International Journal of Applied Philosophy 19 (2):209-222.
Eric M. Rovie (2009). Tortured Knowledge. International Journal of Applied Philosophy 23 (2):315-333.
Christopher J. Finlay (2011). Dirty Hands and the Romance of the Ticking Bomb Terrorist: A Humean Account. Critical Review of International Social and Political Philosophy 14 (4):421-442.
Fritz Allhoff (2005). A Defense of Torture. International Journal of Applied Philosophy 19 (2):243-264.
Analytics

Monthly downloads

Added to index

2011-01-09

Total downloads

66 ( #21,657 of 1,099,048 )

Recent downloads (6 months)

12 ( #14,705 of 1,099,048 )

How can I increase my downloads?

My notes
Sign in to use this feature


Discussion
Start a new thread
Order:
There  are no threads in this forum
Nothing in this forum yet.