Torture

The economist David K. Levine claims that if a government of a country makes torture legal, the inevitable result will be torture that is out of control. I point out an inconsistency in his approach to torture. I then argue that we should be open to rare counterexamples to his claim and describe a kind of counterexample.

Journal of Social Philosophy, EarlyView.

In this article I try to elucidate the concept of human dignity by taking a closer look at the features of a paradigmatic torture situation. After identifying the salient aspects of torture, I discuss various accounts for the moral wrongness of such acts and argue that what makes torture a violation of human dignity is the perverted moral relationship between torturer and victim. This idea is subsequently being substantiated and defended against important objections. In the final part of the chapter (...) I give a (qualified) defense of the methodology employed in the previous sections. (shrink)

As several scholars have argued, far from being antithetical to American values, the torture of nonwhite peoples has long been a method through which the United States has enforced (at home and abroad) a conception of what I will call “white moral citizenship." What is missing from this literature, however, is an exploration of the role that the erasure of torture, and the political and public narratives that are used to justify torture, plays in this function. -/- As I will (...) demonstrate in this article, the erasure of American torture takes at least three different but mutually reinforcing forms: erasure of the fact of torture, erasure of the experience of torture, and erasure of the victims of torture. Erasure of the fact of torture occurs when lack of education and public discussion creates widespread ignorance about the history of torture in America, as has occurred in relation to the post-9/11 torture program. Erasure of the experience of torture occurs when victims’ experiences of extreme suffering, and practices or institutions that inflict extreme suffering (such as solitary confinement), are not acknowledged as forms of torture. Erasure of the victims of torture occurs when victims are treated with indifference and even contempt, even when what they suffered is acknowledged to be torture, and their perspectives and experiences are dismissed, minimized, or ignored. -/- As I shall argue, both the use of the torture and the forms of erasure described above are essential components in the ongoing enforcement of the normative boundaries of American white moral citizenship and the myth of American exceptionalism and civilization. The repeating pattern of the use and erasure of torture leads to the ongoing toleration of practices that constitute torture and that overwhelmingly impact people of color. Until this pattern of justification and erasure is recognized and confronted, torture will continue to be embedded within American culture and institutions. (shrink)

The use of punitive torture was practiced historically and has hardly been purged from our current practices. Fairly little attention has been paid to its justification, perhaps because many theorists of punishment have thought it so obviously unjust. But there is a fairly straightforward retributivist argument that punitive torture is sometimes morally justified: roughly, punitive torture is proportionate to the wrongdoing of some malefactors, such that, in the absence of overriding reasons, torturing them as punishment for their wrongdoing is morally (...) justified. However, Barry contends that the retributivist should strongly suspect that there will always be overriding reasons that defeat retributivist reasons that would otherwise justify punitive torture. And if even retributivism cannot justify punitive torture, it is doubtful that any justification is forthcoming. (shrink)

In Katherine Dunn’s novel Geek Love, the freaks do not hide. Geeks are sideshow performers who are the result of human interest in the manipulation of bodies. Dunn’s exploration of the human perception of freakish bodies should be studied in the context of posthumanism, which requires to give the body a more crucial role as the vehicle for perception of the spaces through which it moves. Particularly, I am writing to join the posthuman conversation to Dunn’s work using ideas primarily (...) originating from thinkers who were influential to modern posthuman studies, including Maurice Merleau-Ponty and Michel Foucault as well as Carey Wolfe, Katherine Hayes, and Donna Haraway who are actively engaged in the posthuman discussion and have taken the chance to distinguish posthuman thought from other forms of literary criticism. By delving into the alignment of social and physical spaces through which freakish bodies exist and disappear, where they are safe and where they are in danger, we can we further understand what it means to be human. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by human rights principles. One finds (...) that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

In this paper reling on Agamben’s genealogical endeavour with regard to the concept of oath, I shall try to discuss how he renders the relation between language and the destituent power that will lead me to address ‘the new experience of the word’, namely, pistis (faith), which is placed at the centre of the messianic announcement. In order to open up this point, I will take into consideration Jacques Derrida’s arguments related to faith and language which appear to be one (...) of the main addressees of Agamben’s critical undertaking, even though he is never mentioned in Agamben’s later book The Sacrament of Language, in which he elaborates the contours of the relation between language and pistis. For Derrida the opening of language is based on an oath, a promise of saying ‘yes’ and thus, speaking is an act of faith. However, it is this functioning of language that has to be suspended according to Agamben, since it is this very dispositif that is connected to sovereign power. It is through this suspension the living being who has language may cease to be homo sacer before language and sovereign power. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

In the wake of revelations about the American Psychological Association's complicity in the military's enhanced interrogation program, some psychologists have called upon the association to sever its ties to national security agencies. But psychology's relationship to the military is no short-term fling born of the War on Terror. This article demonstrates that psychology's close relationship to national security agencies and interests has long been a visible and consequential feature of the discipline. Drawing on social scientific debates about the relationship between (...) national security agencies and the social sciences in the late 1960s and early 1970s, this article also provides cautionary lessons for psychologists confronting the torture controversy. It concludes that an ethically robust response to this controversy requires that psychologists engage in a sustained reckoning with the powerful institutional, epistemological, and financial incentives that have bound the discipline to the military and intelligence communities since World War I. (shrink)

This is the account of an ongoing appeal initiated in 2009 by 725 doctors from 43 countries concerning medical complicity with torture in Israel. It has been underpinned by a voluminous and still accumulating evidence base from reputable international and regional human rights organisations, quoted below, and has spanned the terms of office of four World Medical Association presidencies and two UN special rapporteurs on torture. This campaign has been a litmus test of whether international medical codes regarding doctors and (...) torture actually matter, and are applied rigorously and even-handededly, particularly when compelling evidence incriminates a WMA member association. Our findings in the case of Israel suggest that this is not true, and that impunity largely operates. The WMA seems in partisan violation of its mandate to be the official international watchdog on the ethical behaviour of doctors. And as the IMA case demonstrates, by their inaction national medical associations or other regulatory bodies appear to function at base as buttresses and shields of the state. All data relevant to the study are included in the article. (shrink)

The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued until 2018 and information on their compliance status, I employ fuzzy-set qualitative comparative (...) analysis to identify necessary and sufficient conditions for the outcomes of compliance and noncompliance. The analysis reveals that the conditions tested—liberal democracy, nonuse of political terror, violation type, and strong civil society—are in part individually (near-)necessary and jointly sufficient for compliance, while the presence of their complements is consistent with noncompliance. The Committee against Torture thus appears to be able to elicit (some) state compliance with its decisions, if mostly only with respect to certain kinds of states and select types of violations. (shrink)

In this article, I develop and redirect Julian Henriques’s model of sonic dominance through examination of accounts of acoustic violence and torture involving headphones. Specifically, I show how auditory experience has been weaponized as an intracorporeal phenomenon, with headphones effecting a sense of sounds invading the interior phenomenological space of the head. By analysing reported cases of sonic violence and torture involving headphones through a composite theoretical lens drawn from the fields of music, sound and body studies, I argue that (...) in saturating the head’s perceived interior with sound, perpetrators of violence perform sonic dominance across two interrelated levels: the subjugation of interiorized auditory space via the notion of flooding, in which attention is directed towards the experience of the body as a vessel for sound; and the resulting manipulation of phenomenological head–mind linkages, with emphasis on the head as a ‘space’ for both sound and thought. (shrink)

Despite the theoretical uptake of ontological schemas that do not tie agency uniquely to individual humans, these new ontological geographies have had little penetration when it comes to designing institutions to prevent grave wrongs. Moreover, our persistent intuitions tie agency and responsibility to individuals within a figuration of blame. This article seeks to connect new materialist and actor network theories with the design of institutions that seek to prevent torture. It argues that although research into the causes and conditions of (...) torture points to the inadequacy of agent-centric explanations, the preponderance of prevention interventions emphasize the role of individual human agents. New materialist and ANT approaches could afford a rich theoretical underpinning for prevention approaches by addressing the broad ecology of causal factors. Drawing on Spinoza, the article considers the affective impediments to the uptake of understandings and their correlate practices that require moving beyond agent-centric explanations for grave wrongs. So long as anger, indignation and blame colonize the individual and broader institutional spheres, they will almost inevitably bind us to a particular type of inadequate causal analysis and make other types of preventative responses appear as derelictions of our duty to hold wrongdoers responsible for their acts. (shrink)

The article assesses different models of professional ethics and develops a model which sees professional imperatives as the institutionally-guided expression of foundational moral principles. This article uses the model to assess the moral pressures placed on interrogators in undercover operations in which a detective poses as a suspect in pre-arraignment holding. While highly effective, the level of empathetic rapport required risks incurring compassion fatigue and burn out on the part of detectives.

La première chose que nous devons garder à l’esprit est que lorsque nous disons que la Chine dit ceci ou la Chine fait cela, nous ne parlons pas du peuple chinois, mais des sociopathes qui contrôlent le PCC -- Parti communiste chinois, c’est-à-dire, les sept tueurs en série sociopathes seniles (SSSSK) du Comité permanent du PCC ou des 25 membres du Politburo etc. Les plans du PCC pour la Seconde Guerre mondiale et la domination totale sont énoncés très clairement dans (...) les publications et les discours du gouvernement chinois et c’est le « rêve chinois » de Xi Jinping. C’est un rêve seulement pour la petite minorité (peut-être quelques dizaines à quelques centaines) qui gouvernent la Chine et un cauchemar pour tout le monde (y compris 1,4 milliard de Chinois). Les 10 milliards de dollars par an leur permettent, à eux ou à leurs marionnettes, de posséder ou de contrôler des journaux, des magazines, des chaînes de télévision et de radio et de placer des fausses nouvelles dans la plupart des grands médias partout dans le monde chaque jour. En outre, ils ont une armée (peut-être des millions de personnes) qui troll tous les médias de placer plus de propagande et de noyer des commentaires légitimes (l’armée de 50 centimes). En plus de dépouiller le monde des ressources de 3rd, une poussée majeure de l’initiative de des centaines de milliards de dollars Belt and Road est la construction de bases militaires dans le monde entier. Ils forment le monde libre dans une course aux armements massive de haute technologie qui fait la guerre froide avec l’Union soviétique ressembler à un pique-nique. Bien que le SSSSK, et le reste de l’armée mondiale, dépensent des sommes énormes sur le matériel avancé, il est très probable que WW3 (ou les petits engagements qui l’ont précédé) sera dominé par les logiciels. Il n’est pas hors de question que le SSSSK, avec probablement plus de pirates (codeurs) travaillant pour eux, puis tout le reste du monde combiné, va gagner de futures guerres avec un minimum de conflit physique, juste en paralysant leurs ennemis via le net. Pas de satellites, pas de téléphones, pas de communications, pas de transactions financières, pas de réseau électrique, pas d’Internet, pas d’armes de pointe, pas de véhicules, de trains, de navires ou d’avions. Il n’y a que deux voies principales pour enlever le PCC, libérer 1,4 milliard de prisonniers chinois, et mettre fin à la marche lunatique à la Seconde Guerre mondiale. Le pacifique est de lancer une guerre commerciale tous avare pour dévaster l’économie chinoise jusqu’à ce que l’armée en ait marre et démarre le PCC. Une alternative à la fermeture de l’économie chinoise est une guerre limitée, comme une frappe ciblée par dire 50 drones thermobares sur le 20e Congrès du PCC, lorsque tous les membres supérieurs sont en un seul endroit, mais qui n’aura pas lieu avant 2022 afin que l’on puisse frapper la réunion plénière annuelle. Les Chinois seraient informés, au fur et à mesure de l’attaque, qu’ils devaient déposer les armes et se préparer à organiser des élections démocratiques ou à être regroupés dans l’âge de pierre. L’autre alternative est une attaque nucléaire tous anch, une attaque nucléaire. La confrontation militaire est inévitable compte tenu de la voie actuelle du PCC. Il se produira probablement sur les îles de la mer de Chine méridionale ou Taiwan dans quelques décennies, mais comme ils établissent des bases militaires dans le monde entier, il pourrait se produire n’importe où (voir Tigre accroupi, etc.). Les conflits futurs auront des aspects difficiles et souples avec les objectifs déclarés du PCC de mettre l’accent sur la cyberguerre par le piratage et le paralysage des systèmes de contrôle de toutes les communications militaires et industrielles, l’équipement, les centrales électriques, les satellites, Internet, les banques, et tout appareil ou véhicule connecté au net. Les SS sont lentement sur le terrain d’un éventail mondial de sous-marins ou de drones sous-marins habités et autonomes capables de lancer des armes conventionnelles ou nucléaires qui peuvent rester dormants en attendant un signal de la Chine ou même à la recherche de la signature de navires ou d’avions américains. Tout en détruisant nos satellites, éliminant ainsi la communication entre les États-Unis et nos forces dans le monde entier, ils utiliseront les leurs, en conjonction avec des drones pour cibler et détruire nos forces navales actuellement supérieures. Bien sûr, tout cela se fait de plus en plus automatiquement par l’IA. De loin le plus grand allié du PCC est le parti démocrate des États-Unis. Le choix est d’arrêter le PCC maintenant ou regarder comme ils prolongent la prison chinoise sur le monde entier. Ceux qui s’intéressent à d’autres détails sur le chemin fou de la société moderne peuvent consulter mes autres œuvres telles que Suicide by Democracy-an Obituary for America and the World th Edition 2020 et Suicidal Utopian Delusions in the 21st Century: Philosophie, Nature Humaine et l’effondrement de la civilisation 4e ed (2020) . (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

There are attempts to define torture which say that a person is only being tortured if the pain inflicted upon them is pain that they have not consented to. In this very brief paper, I recommend that we define torture without this condition.

Liberal democracies who perpetrate torture represent an apparent paradox: a flagrant violation of human rights by states supposedly dedicated to protecting human rights. In liberal democracies, the political, social, and legal narratives used to justify torture portray torture as an individual act motivated by important moral values. This individualized torture narrative then shapes the moral framework through which the public, policy-makers, and individual torturers view torture, and masks the institutional nature of torture perpetration. It is this interaction between an individualized (...) torture narrative and the moral framework of torture that distinguishes democratic perpetrators (Critchell et al. 2017, 9-10) from nondemocratic perpetrators of torture. Yet, the implementation of a torture program in a democratic state is remarkably similar to the implementation of a torture program in a nondemocratic state. In both cases, torture is an institutionalized practice given moral and political meaning through broad social and political narratives. This chapter uses the post-9/11 US torture program as a case study of a democratic perpetrator in order to explore the interaction between democratic narratives of torture, state implementation of torture, and the moral psychology of individual torturers. This permits a way of thinking about torture perpetration that goes beyond a myopic focus on torture as individual act to understand the interaction and mutual reinforcement of different forms of torture perpetration. This analysis also offers a starting point from which to consider how to resist and oppose torture narratives that sustain democratic tortue, a question I explore in the conclusion of this chapter. (shrink)

This book develops a sociological account of lie detection practices and uses this to think about lying more generally. Bringing together insights from sociology, social history, socio-legal studies and science and technology studies, it explores how torture and technology have been used to try to discern the truth. It examines a variety of socio-legal practices, including trial by ordeal in Europe, the American criminal jury trial, police interrogations using the polygraph machine, and the post-conviction management of sex offenders in the (...) USA and the UK. Moving across these different contexts, it articulates how uncertainties in the use of lie detection technologies are managed, and the complex roles they play in legal spaces. Alongside this story, the book surveys some of the different ways in which lying is understood in philosophy, law and social order. Lie Detection and the Law will be of interest to STS researchers, socio-legal scholars, criminologists and sociologists, as well as others working at the intersections of law and science. (shrink)

The UN Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person” by someone acting in an official capacity for purposes such as obtaining a confession or punishing or intimidating that person.1 It is unethical for healthcare professionals to participate in torture, including any use of medical knowledge or skill to facilitate torture or allow it to continue, or to be present during torture.2-7 Yet medical participation (...) in torture has taken place throughout the world and was a prominent feature of the US interrogation practice in military and Central Intelligence Agency (CIA) detention facilities in the years after the attacks of 11 September 2001.8-11 Little attention has been paid, however, to how a regime of torture affects the ability of health professionals to meet their obligations regarding routine clinical care for detainees. -/- The 2016 release of previously classified portions of guideline from the CIA regarding medical practice in its secret detention facilities sheds light on that question. These show that the CIA instructed healthcare professions to subordinate their fundamental ethical obligations regarding professional standards of care to further the objectives of the torturers. (shrink)

This article explores black girls and women’s experiences with school, police and state disciplinary torture in the ‘afterlife of slavery.’ More precisely, this work explores the punishment, torture, captivity, annihilation and ultimate genocide black girls and women are subjected to by white supremacist, antiblack, hetero-patriarchal, hetero-sexist, and heteronormative school staff, police and state forces in public schools and beyond. A few research questions are explored: What are black girls and women’s experiences with punishment, torture, captivity, annihilation and genocide by police (...) and state forces in public schools and general public spaces and consciousness? And, what are the gendered, racialized and sexualized dimensions of violence black girls and women experience at the hands of U.S. state and state apparatuses? This text exposes the danger of silencing just how lethal and grotesque these disciplinary technologies are and the gendered, racialized and sexualized nature of violence black girls and women are subjected to in these material and imaginative spaces. At the same time, this text illuminates black girls and women’s sonic and physical resistant strategies that challenge and disrupt oppression within a larger structure of antiblack genocide in the United States. Black girls and women proactively resisting the disciplinary torture of state and state forces are ‘scenes of subjection’ and, simultaneously, scenes of subjectivity. Largely, this article asserts that these spaces reveal the essential nature as well as the potentiality of radical social transformation for black life, autonomy and freedom. Finally, this article uses Moorish-Palestinian extraterrestrial epistemology to suggest how these sites also reveal the necessity for dark matter communities to settle for nothing less than their freedom and move towards an intergalactic consciousness and peace and love state of being to recalibrate—whether astrally, figuratively, and/or literally—to the interplanetary, interstellar and intergalactic regions. (shrink)

“4E” approaches in cognitive science see mind as embodied, embedded, enacted, and extended. They observe that we routinely “offload” part of our thinking onto body and world. Recently, 4E theorists have turned to music cognition: from work on music perception and musical emotions, to improvisation and music education. I continue this trend. I argue that music — like other tools and technologies — is a beyond-the-head resource that affords offloading. And via this offloading, music can (at least potentially) scaffold various (...) forms of thought, experience, and behavior. To develop this idea, I consider the “material” and “worldmaking” character of music, and I apply these considerations to two cases studies: music as a tool for religious worship, and music as a weapon for torture. (shrink)

Political theory between moralism and realism -- Telling stories : on art's role in dispelling genocide blindness -- How to do things with hypotheticals : assessing thought experiments about torture -- Genealogy as critique : problematizing definitions of terrorism -- The conceptual tapestry of political violence.

A single question -- An exclusionary movement is born -- Legal reform to eliminate defectives -- Redrawing the boundaries of protected life -- Crystallizing events and ethical principles -- A bolt from the blue: abortion is legalized -- Man's law or god's will -- Inches from life -- Should the baby live? -- Limits to tolerable suffering -- Alleviating suffering and protecting life -- God, duty, and life worth living -- Assisted dying -- Removing the protective boundaries of life -- (...) A campaign to stop the executions -- The pendulum swings, the debate continues -- Justifying torture -- Lessons learned. (shrink)

In a decision making context, an agent’s uncertainty can be either epistemic, i.e. due to her lack of knowledge, or agentive, i.e. due to her not having made use of her decision-making power. In cases when it is unclear whether or not a decision maker presently has control over her own future actions, it is difficult to determine whether her uncertainty is epistemic or agentive. Such situations are often difficult for the agent to deal with, but from an outsider’s perspective, (...) they can have sensible pragmatic solutions. (shrink)

Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere (...) legalization of torture would already be at risk of further entrenchment and growth. (shrink)

The aim of this article is to determine whether fixed courses of judicial corporal punishment and non-abusive corporal punishment of children amount to torture. I assess the reasons that have been offered for distinguishing fixed courses of JCP from torture and argue that none is successful. I argue that non-consensual JCP that inflicts severe pain is appropriately classifiable as torture, but that JCP that inflicts mild pain and entirely consensual JCP are not torturous. I consider whether any of the reasons (...) offered for distinguishing JCP from torture can distinguish non-abusive CPC from torture given certain important differences between CPC and JCP. I submit that none of these reasons is successful. I consider other possible reasons for distinguishing non-abusive CPC that inflicts severe pain from torture and argue that none is successful. I conclude that fixed courses of non-consensual JCP which inflict severe pain and non-abusive CPC that inflicts severe pain are correctly classifiable as torture. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...) this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)

Some of our most fundamental moral rules are violated by the practices of torture and war. If one examines the concrete forms these practices take, can the exceptions to the rules necessary to either torture or war be justified? Fighting Hurt brings together key essays by Henry Shue on the issue of torture, and relatedly, the moral challenges surrounding the initiation and conduct of war, and features a new introduction outlining the argument of the essays, putting them into context, and (...) describing how and in what ways his position has modified over time. The first six chapters marshal arguments that have been refined over 35 years for the conclusion that torture can never be justified in any actual circumstances whatsoever. The practice of torture has nothing significant in common with the ticking bomb scenario often used in its defence, and weak U.S. statutes have loop-holes for psychological torture of the kind now favoured by CIA in the 'war against terrorism'. The other sixteen chapters maintain that for as long as wars are in fact fought, it is morally urgent to limit specific destructive practices that cannot be prohibited. Two possible exceptions to the UN Charter's prohibition on all but defensive wars, humanitarian military intervention and preventive war to eliminate WMD, are evaluated; and one possible exception to the principle of discrimination, Michael Walzer's 'supreme emergency', is sharply criticized. Two other fundamental issues about the rules for the conduct of war receive extensive controversial treatment. The first is the rules to limit the bombing of dual-use infrastructure, with a focus on alternative interpretations of the principle of proportionality that limits 'collateral damage'. The second is the moral status of the laws of war as embodied in International Humanitarian Law. It is argued that the current philosophical critique of IHL by Jeff McMahan focused on individual moral liability to attack is an intellectual dead-end and that the morally best rules are international laws that are the same for all fighters.Examining real cases, including U.S. bombing of Iraq in 1991, the Clinton Administration decision not to intervene in the 1994 Rwandan genocide, NATO bombing of Serbia in 1999, and CIA torture after 9/11 and its alternatives, this book is highly accessible to general readers who are interested in the ethical status of American political life, especially foreign policy. (shrink)

Several recent analyses of torture focus on the humiliation torture inflicts on the victim as the principal evil inherent in torture. This paper challenges this focus by arguing that the connection between torture and humiliation is not a necessary one. Though it is true that most contemporary usages of torture humiliate, it is shown that this is dependent on both the context of the torture and the specific means of torture applied. It is demonstrated that, in certain circumstances, torture is (...) feasible without inflicting the humiliation contemporary accounts of torture identify. At a theoretical level, it may even be possible to use torture as a way of explicitly expressing respect. The paper, therefore, warns against hinging the entire case against torture on humiliation and argues that we should scrutinize other ways in which torture may violate dignity, too. (shrink)

O’Donohue et al. sought to derive, from classical ethical theories, the ethical obligation of psychologists to assist “enhanced interrogations and torture” in national defense scenarios under strict EIT criteria. They asked the American Psychological Association to adopt an ethics code obligating psychologists to assist such EIT and to uphold the reputation of EIT psychologists. We contest the authors’ ethical analyses as supports for psychologists’ forays into torture interrogation when the EIT criteria obtain. We also contend that the authors’ application of (...) these ethical analyses violates the Geneva Conventions, contravenes military doctrine and operations, and undermines psychology as a profession. We conclude that “good” public reputation is not owed to, or expected by, “good” intelligence professionals, and collaborating operational psychologists must share their providence. (shrink)

There is a decided consensus that Kantian ethics yields an absolutist case against torture – that torture is morally wrong and absolutely so. I argue that while thereisa Kantian case against torture, Kantian ethics does not clearly entail absolutism about torture. I consider several arguments for a Kantian absolutist position concerning torture and explain why none are sound. I close by clarifying just what the Kantian case against torture is. My contention is that while Kantian ethics does not support a (...) variety ofmoralabsolutism about torture, it does suggest a strong version oflegalabsolutism. (shrink)

The aim of this paper is to re-evaluate the manner in which the Ticking Bomb Scenario (TBS), a thought experiment in philosophical enquiry, has been used in the discussion of the justifiability or otherwise of forward-looking interrogational torture (FLIT). The paper argues that criticisms commonly raised against the thought experiment are often inappropriate or irrelevant. A great many criticisms misunderstand the way in which thought experiments in general, and the TBS in particular, are supposed to work in philosophical (and for (...) that matter scientific) inquiry. The paper is not about the acceptability or otherwise of FLIT per se but rather an attempt to show that thought experiments such as the TBS are useful analytic tools and ought not to be rejected due to their inappropriate use by those engaged in the justifiability or otherwise of FLIT. By rescuing the TBS from its erroneous use the paper seeks to show its proper worth as part of an argumentative device in uncovering conflicting moral intuitions in our search for ethical truths. (shrink)

Torture-lite has been advanced as a new form of interrogation that raises the prospect of offering a more ethical way of colleting the intelligence needed to protect the state. However, this paper will argue that there can be no such thing as torture-lite as this misunderstands what interrogational torture is in the first place. Interrogational torture is a form of behavioural modification that relies on breaking the individual and conditioning their responses. Torture-lite would never be able to create the self-betraying (...) effect necessary for cases such as the ticking time bomb scenario without crossing over into the higher harms caused by full torture, and is unable to force the individual to provide the required information to serve as the good in the consequentialist argument. (shrink)

In this unflinching look at the experience of suffering and one of its greatest manifestations—torture—J.M. Bernstein critiques the repressions of traditional moral theory, showing that our morals are not immutable ideals but fragile constructions that depend on our experience of suffering itself. Morals, Bernstein argues, not only guide our conduct but also express the depth of mutual dependence that we share as vulnerable and injurable individuals. Beginning with the attempts to abolish torture in the eighteenth century, and then sensitively examining (...) what is suffered in torture and related transgressions, such as rape, Bernstein elaborates a powerful new conception of moral injury. Crucially, he shows, moral injury always involves an injury to the status of an individual as a person—it is a violent assault against his or her dignity. Elaborating on this critical element of moral injury, he demonstrates that the mutual recognitions of trust form the invisible substance of our moral lives, that dignity is a fragile social possession, and that the perspective of ourselves as potential victims is an ineliminable feature of everyday moral experience. (shrink)

Considering representations of torture in such television series as _24_,_ Alias_, and _Homeland_; the documentaries _Taxi to the Dark Side_, _Ghosts of Abu Ghraib_, and _Standard Operating Procedure_ ; and "torture porn" feature films from the Saw and Hostel series, Hilary Neroni unites aesthetic and theoretical analysis to provide a unique portal into theorizing biopower and its relation to the desiring subject. Her work ultimately showcases film and television studies' singular ability to expose and potentially disable the fantasies that sustain (...) torture and the regimes that deploy it. (shrink)

When the Senate released its so-called "Torture Report" in December 2014 the world would learn that, for years, the CIA had used unimaginably brutal methods to interrogate its prisoners - often without yielding any useful or truthful information. The agency had long and adamantly defended its use of torture, staunchly arguing that it was not only just but necessary for the country's safety. And even amid the revelations of the report, questions abound about whether torture can be considered a justifiable (...) tool of national security. Is interrogational torture an effective method of extracting information? How good does the information extracted need to be for the torture to be considered successful? How often or how vigorously must torture be used to achieve valuable information? It may be the case that interrogational torture can never be justified under any circumstances, but, according to John Schiemann, if it is to be justified at all, it must be effective. According to more than one national poll, most Americans do believe that torture can work, and that it can be justified under certain circumstances. But if the information that torturers extract is bad, then the method amounts to nothing more than pure sadism. So, how can we solve the dilemma over whether to torture or not to torture? In this book, John Schiemann takes a truly unique approach to the question of torture: game theory. Thinking of torture as a "game" played between an interrogator and a detainee, the book walks the reader through the logic of interrogational torture, comparing the outcomes to the claims made by torture proponents. The book draws on a wide variety of sources ranging from records of the Inquisition to secret CIA memos to trace this logic, illustrating each outcome of the model with a narrative from the real world of interrogational torture. Does Torture Work? is an absorbing and provocative take on one of the most discussed human rights and security dilemmas of our time. (shrink)