Public Affairs Quarterly 25 (3):217-240 (2011)

Authors
Fritz Allhoff, J.D., Ph.D.
Western Michigan University
Abstract
Ticking time-bomb cases famously—or infamously—invite us to imagine a scenario wherein the torture of one guilty terrorist will lead to the acquisition of information that can be used to save the lives of many innocents. Despite the contemporary focus on such cases, they have a long tradition, dating to the early 1800s. And, throughout their history, they have appeared in various guises, from the literary to the public to the philosophical. The principal moral question suggested by these cases is whether one harm can be effected such that a worse one is not; while there is certainly dissent, most moral philosophers would answer this question in the affirmative. That said, there is substantial doubt as to whether torture would be the lesser harm or, more generally, whether ticking time-bomb cases gain any purchase in the real world or are otherwise relegated to philosophical fiction. But even if they gain such purchase, then what? In other words, even if torture can be morally justified in exceptional cases, should we authorize it? I n the literature—and conceptually—there are three basic approaches to authorizing torture. The first is not to authorize it at all, which is to say that torture—even if justified—requires some sort of punishable civil disobedience . Another approach is to authorize torture ex ante, such as through torture warrants. On this approach, torture remains prohibited except for when a judge grants permission for its application. Torture warrants have been defended by Alan Dershowitz, and we will evaluate that debate . Finally, torture can be legitimized ex post, which is to say that torture remains illegal but can nevertheless be justified or excused; our discussion will focus on the justifications of self-defense and necessity
Keywords No keywords specified (fix it)
Categories (categorize this paper)
Options
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Translate to english
Revision history

Download options

PhilArchive copy


Upload a copy of this paper     Check publisher's policy     Papers currently archived: 59,700
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

Torture.Henry Shue - 1978 - Philosophy and Public Affairs 7 (2):124-143.
Is Torture Ever Morally Justifiable?Seumas Miller - 2005 - International Journal of Applied Philosophy 19 (2):179-192.
Crito.Arthur Fowler Plato & Watt - 1927 - University Tutorial Press.

Add more references

Citations of this work BETA

Tres modelos legislativos sobre la tortura.Federico Abal - 2017 - Isonomía. Revista de Teoría y Filosofía Del Derecho 46:63-106.

Add more citations

Similar books and articles

The Defense of Necessity and Powers of the Government.Youngjae Lee - 2009 - Criminal Law and Philosophy 3 (2):133-145.
Terrorism and Torture.Fritz Allhoff - 2005 - In Timothy Shanahan (ed.), International Journal of Applied Philosophy. Open Court. pp. 121-134.
Terrorism and Torture.Fritz Allhoff - 2003 - International Journal of Applied Philosophy 17 (1):121-134.
A Defense of Torture.Fritz Allhoff - 2005 - International Journal of Applied Philosophy 19 (2):243-264.
Understanding Torture.J. Jeremy Wisnewski - 2010 - Edinburgh University Press.
Torture. How Denying Moral Standing Violates Human Dignity.Andreas Maier - forthcoming - In Webster Elaine & Kaufmann Paulus (eds.), Violations of Human Dignity. Springer.
Ticking Bombs and Interrogations.Claudia Card - 2008 - Criminal Law and Philosophy 2 (1):1-15.
When Is Torture Right?Douglas McCready - 2007 - Studies in Christian Ethics 20 (3):383-398.

Analytics

Added to PP index
2013-12-16

Total views
52 ( #197,941 of 2,432,332 )

Recent downloads (6 months)
2 ( #295,372 of 2,432,332 )

How can I increase my downloads?

Downloads

My notes