The general consensus among philosophers is that the use of torture is never justified. In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the lesser of two evils. Allhoff does not take this position lightly. He begins by examining the way terrorism challenges traditional norms, discussing the morality of various practices of torture, and critically (...) exploring the infamous ticking time-bomb scenario. After carefully considering these issues from a purely philosophical perspective, he turns to the empirical ramifications of his arguments, addressing criticisms of torture and analyzing the impact its adoption could have on democracy, institutional structures, and foreign policy. The crucial questions of how to justly authorize torture and how to set limits on its use make up the final section of this timely, provocative, and carefully argued book. (shrink)

Although standard ethical views categorize intentional torture as morally wrong, the ticking time bomb scenario is frequently offered as a legitimate counter-example that justifies the use of torture. In this scenario, a bomb has been placed in a city by a terrorist, and the only way to defuse the bomb in time is to torture a terrorist in custody for information. TTB scenarios appeal to a utilitarian “greater good” justification, yet critics maintain that the utilitarian structure depends (...) on a questionable set of hidden assumptions. Three experiments were conducted to investigate endorsement of torture when these hidden assumptions were violated. In Experiment 1, results indicated that endorsement varied as a function of the success likelihood of torture and its alternatives. In Experiment 2, people found torture to be more acceptable, less wrong, and more obligatory when the suspect in custody was described as a “terrorist” than when he was described simply as an individual, and when he was described as culpable as opposed to innocent. These results are more consistent with retributive justice than utilitarian “greater good” concerns. The results of Experiment 3 indicated that utilitarian decision profiles were not associated with lower levels of empathic concern but were instead associated with personal distress and the ability to transpose oneself into a fictitious character's experience. Across the three experiments, deontologists were more likely to reject torture than utilitarians. (shrink)

In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the ...

One of the questions raised by this important and thought-provoking collection of essays on torture is how and why the consensus that torture is wrong - a consensus enshrined in international law for decade - has become so fragile. As Scott Anderson writes in the introduction to this volume, "how did abusing and torturing prisoners suddenly become so popular?” The chapters in this volume offer insights into this question from the perspectives of history, psychology, law, philosophy, and sociology. This interdisciplinary (...) approach highlights important and often overlooked aspects of the torture debate. Yet, the questions that the authors take to be important (for example, about whether the justification of torture should even be contemplated) reflect different and sometimes incompatible normative assumptions about what torture is and about what matters in the torture debate. These assumptions, I shall argue, are shaped by, and play a role in shaping, the moral, political, and social narratives that contribute to or resist the toleration of torture in the US and elsewhere. Thus, while the disparate nature of the contributions (perhaps inevitably) undermine the cohesiveness of the volume as a whole, it illuminates, even if it does not resolve, larger questions about the place and function of academic debate in the history and use of torture. (shrink)

I make two arguments in this paper. First, I argue briefly that the ticking time bomb case is unrealistic and as such is liable to mislead us badly on the ground. Second, after conceding that the conditions of the ticking time bomb case might someday be realized, I argue that it may in fact be morally permissible to torture a terrorist in this case on the grounds of self-defense. My reason for making this argument is that (...) rejecting torture in even the ticking time bomb case risks discrediting objections to torture in other, more realistic cases. Yet the principle established by the ticking time bomb case is of extremely limited application. Given the extreme improbability that the conditions of this case could ever be realized, public authorities who sanction torturing someone should have to bear a heavy burden of proof that this decision was justified on the grounds of self-defense. (shrink)

abstract Much of the literature on torture in recent years takes the position of denouncing the barbarity of torture, while allowing for exceptions to this veto in extreme circumstances. The ticking‐bomb argument, where a terrorist is tortured in order to extract information of a primed bomb located in a civilian area, is often invoked as one of those extreme circumstances where torture becomes justified. As the War on Terrorism intensifies, the ticking‐bomb argument has become the dominant line of (...) reasoning used by both academics and policy advisers to justify a legalized, state‐sponsored program of torture. This paper argues for the unconditional refutation of any attempt to justify torture, without exceptions. We argue against the consequentialist reasoning of the ticking‐bomb argument not from a deontological position, but on consequentialist grounds. Empirical evidence suggests that the institutionalization of torture practices creates serious problems. Torture interrogation fails to fulfil its initial purpose as a low‐cost life saver, while its long‐term potential is the devastation of democratic institutions. (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)

Despite the fact that torture of prisoners has been condemned by every major document in international law, it has seemed to some, especially those in the Bush Administration, that terrorism creates a special case for how prisoners are to be treated. The prisoner may belong to a “cell” of those who have committed themselves to the use of tactics that risk horrible consequences for many innocent people. The prisoner may have information about future attacks on civilian populations that could, if (...) learned, be instrumental in the prevention of these attacks. Nonetheless, I will argue that normally even suspected international terrorists should be treated humanely in that they are not subject to torture when captured and imprisoned. Our humanity demands as much.I will ask what it is about humanity that might restrict or prohibit the use of torture and other forms of physical coercion in the treatment of prisoners. I will attempt to explain why torture has been so roundly condemned and yet why torture, especially in ticking time-bomb cases, has been seen as justifiable. In section 1, I argue that humane treatment should be seen as the centerpiece of international humanitarian law. In section 2, I discuss a 1999 case from Israel concerning soldiers who committed torture to obtain information from suspected terrorists in the Occupied Territories. In section 3, I discuss how the principle of proportionality complicates the picture, and end with some conclusions about what restrictions should be recognized in times of war, concerning what are sometimes called “the laws of humanity.”. (shrink)

ABSTRACTTorture requires careful definition, because of the degree to which its definition often entails its moral condemnation. Torture involves the deliberate infliction of pain for coe...

This paper analyzes "ticking time bomb" scenarios in the discursive legitimation of torture and other coercive interrogation techniques. Judith Butler proposes a Foucauldian framework to suggest that Adminstration policies can be read as the irruption of sovereignty within governmentality. Rereading Foucault, I suggest that the policies could equally be understood as an exercise of governmentality, i.e., the subordination of juridical law to economy. I then propose as a reconciliation of these readings that time bomb scenarios serve rhetorically (...) to make the exercise of arbitrary power Butler identifies appear as an exercise of governmentality; sanitized of complications, coercive interrogation appears efficient. (shrink)

Arrigo, DeBatto, Rockwood, and Mawe take issue with a number of arguments in our previous article. We respond in four major ways: pointing out that they never really take on, let alone refute, the key argument in our article—that utilitarian, deontic, and virtue ethical theories are not only consistent with the use of enhanced interrogation and torture in the ticking time bomb scenario but these prescribe it; there are numerous other exegetical problems in their article; they make unsubstantiated (...) claims about the ineffectiveness of EITSLs techniques that we argue are much too strong; and they conflate the ethical with the legal and but even in doing so miss many important issues regarding the legality of EITSLs in the war on terrorism. (shrink)

Despite intensive work by human rights organizations to garner global condemnation of torture, in the years since the atrocities of Abu Ghraib and Guantanamo Bay were exposed, support in the United States for the use of torture has increased, and torture also attracts significant support in many other countries. This paper seeks to understand the affective work that the ‘ticking time bomb scenario’ and its imagined dramatization does in shaping how torture is understood. The literature is replete with (...) debates over whether the scenario distorts or accurately describes the actual circumstances in which decisions about torture occur, and the moral criteria that ought to be brought to the decision-making process. In describing the scenario as a “thought experiment,” however, these analyses obscure the work that this imagined scene does in shaping how people evaluate the use of torture – work that takes place at the affective and somatic levels. Induced into a process of racially inflected and affectively laden identifications and aversions, the paper suggests that the “subjects” of this thought experiment do very little thinking and thus fact-based or logical counter-arguments are of little use in shifting evaluations of torture. Rather, we need to understand the affective work that somatically grounded stories do in normalizing and inducing subjects to embrace torture. The paper is particularly interested in how imagined scenarios can be used to institute affects that freeze and immobilize, and how we might construct other narratives to encourage more dynamic and fluid forms of affective experience and identification. Exploring the link between narratives and more dynamic affects may offer more productive strategies for encouraging people to shift positions as they confront new evidence and encounter other experiences and bodies. (shrink)

This book addresses a dilemma at the heart of counter-terrorism: Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

On Michael Walzer's influential account, "dirty hands" characterizes the political leader's choice between absolutist moral demands (to abstain from torture) and consequentialist political reasoning (to do what is necessary to prevent the loss of innocent lives). The impulse to torture a "ticking bomb terrorist" is therefore at least partly pragmatic, straining against morality, while the desire to uphold a ban on torture is purely and properly a moral one. I challenge this Machiavellian view by reinterpreting the dilemma in the (...) framework of the Humean theory of justice and moral sentiment. By interpreting the ticking bomb scenario as a dramatic narrative, I argue that it appeals to properly moral sensibilities, which speak in favour of the use of force against the terrorist. The absolute ban on torture, by contrast, is an artificial virtue and a product of political prudence. On this account, the ticking bomb terrorist dilemma therefore imposes a different burden on the political leader from Walzer's version: an ethic of political responsibility demands that the political leader be prepared to sacrifice her moral soul by upholding the law against moral but politically imprudent demands to break it; while the ticking bomb romance appeals to her feelings of compassionate moral concern towards particular individuals. She dirties her hands morally, not by authorizing torture, but by allowing the terrorist's bomb to detonate and take the lives of the innocent. (shrink)

This book addresses a dilemma at the heart of the.

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)

Following the September 2001 terrorist attacks on the United States, much support for torture interrogation of terrorists has emerged in the public forum, largely based on the “ticking bomb” scenario. Although deontological and virtue ethics provide incisive arguments against torture, they do not speak directly to scientists and government officials responsible for national security in a utilitarian framework. Drawing from criminology, organizational theory, social psychology, the historical record, and my interviews with military professionals, I assess the potential of (...) an official U.S. program of torture interrogation from a practical perspective. The central element of program design is a sound causal model relating input to output. I explore three principal models of how torture interrogation leads to truth: the animal instinct model, the cognitive failure model, and the data processing model. These models show why torture interrogation fails overall as a counterterrorist tactic. They also expose the processes that lead from a precision torture interrogation program to breakdowns in key institutions—health care, biomedical research, police, judiciary, and military. The breakdowns evolve from institutional dynamics that are independent of the original moral rationale. The counterargument, of course, is that in a society destroyed by terrorism there will be nothing to repair. That is why the actual causal mechanism of torture interrogation in curtailing terrorism must be elucidated by utilitarians rather than presumed. (shrink)

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. (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)

Some imaginary cases lead us to surprising conclusions. Unfortunately, there exists the danger of being so distracted by these conclusions that the imaginary cases themselves escape critical examination. Using the now famous ticking time-bomb scenario as an example, I propose a simple methodology to help us better understand what role a given imaginary case should be playing in ethical discourse. In particular, I hope to show why the ticking time-bomb scenario fails to have any probative value (...) as a counter-example to anti-torture policies. Despite this, I argue that there is still an important role for cases like the ticking time-bomb scenario, as they can motivate study about some of our intuitive moral commitments. This in turn may lead us to a better understanding of what moves us to surprising ethical evaluations in the first place. (shrink)

Although the term "torture lite" is frequently used to distinguish between physically mutilating torture and certain interrogation methods that are supposedly less severe, the distinction is not recognized in international law.

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting moral (...) license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

In this paper, I argue for the permissibility of torture in idealized cases by application of separation of cases: if torture is permissible given any of the dominant moral theories (and if one of those is correct), then torture is permissible simpliciter and I can discharge the tricky business of trying to adjudicate among conflicting moral views. To be sure, torture is not permissible on all the dominant moral theories as at least Kantianism will prove especially recalcitrant to granting moral (...) license of torture, even in idealized cases. Rather than let the Kantian derail my central argument, I directly argue against Kantianism (and other views with similar commitments) on the grounds that, if they cannot accommodate the intuitions in ticking time-bomb cases, they simply cannot be plausible moral views—these arguments come in both foundationalist and coherentist strains. Finally, I postulate that, even if this paper has dealt with idealized cases, it paves the way for the justification of torture in the real world by removing some candidate theories (e.g., Kantianism) and allowing others that both could and are likely to justify real-world torture. (shrink)

Help your students discover the ethical issues and implications surrounding today's most compelling social dilemmas--from genetic engineering and cloning to terrorism and the use of torture--with APPLYING ETHICS: A TEXT WITH READINGS, 11th Edition. Framed by the authors' helpful introductions and supported by a variety of readings and cases that reflect both sides of the topics being explored, this best-selling book offers a balanced introduction to ethics today. Important Notice: Media content referenced within the product description or the (...) product text may not be available in the ebook version. (shrink)

This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

In this online response, Uwe Steinhoff argues that Whitley Kaufman's denial that torturing the "ticking bomb terrorist" can be justifiable is incorrect.

This collection by leading scholars represents state of the art writings on the ethics of war. Many of the most important and contested controversies in modern war receive comprehensive discussion: the practice of torture, terrorism, assassination and targeted killing, the bombing of civilians in war, humanitarian intervention, and the invasion of Iraq Analytical introduction provides a guide to recent developments in the ethics of war An excellent overview for general readers interested in the current debate and controversies over (...) the ethics of war. (shrink)

Introduction -- Value theory : the nature of the good life -- Epicurus letter to Menoeceus -- John Stuart Mill, Hedonism -- Aldous Huxley, Brave new world -- Robert Nozick, The experience machine -- Richard Taylor, The meaning of life -- Jean Kazez, Necessities -- Normative ethics : theories of right conduct -- J.J.C. Smart, Eextreme and restricted utilitarianism -- Immanuel Kant the good will & the categorical imperative -- Thomas Hobbes, Leviathan -- Philippa Foot, Natural goodness -- Aristotle, (...) Nicomachean ethics -- W.D. Ross, What makes right acts right? -- Hilde Lindemann, What is feminist ethics? -- Metaethics : the status of morality -- David Hume, Moral distinctions not derived from reason -- J.L. Mackie, The subjectivity of values -- Gilbert Harman, Ethics and observation -- Mary Midgley, Trying out one's new sword -- Michael Smith, Rrealism -- Renford Bambrough, Pproof -- Moral problems -- Peter Singe, The Singer solution to world poverty -- Heidi Malm, Paid surrogacy: arguments and responses -- Ronald Dworkin, Playing God : genes, clones, and luck -- James Rachels, The morality of euthanasia -- John Harris, The survival lottery -- Peter Singer, Unsanctifying human life -- William F. Baxter, People or penguins : the case for optimal pollution -- Judith Jarvis, Tthomson a defense of abortion -- Don Marquis, Why abortion is immoral -- Jonathan Bennett, The conscience of Huckleberry Finn -- Michael Walzer, Terrorism : a critique of excuses -- David Luban, Liberalism, torture, and the ticking bomb -- Martin Luther King, Jr., Letter from Birmingham City Jail -- Igor Primoratz, Justifying legal punishment -- Stephen Nathanson, An eye for an eye -- Michael Huemer, America's unjust drug war -- John Corvino, Why shouldn't Tommy and Jimmy have sex? : a defense of homosexuality -- Bonnie Steinbock, Adultery -- Hugh Lafollette, Licensing parents -- Jane English, What do grown children owe their parents? (shrink)

The most common argument in favor of torture in the current literature is the ticking bomb argument. It asks us to imagine a case where only torture can prevent the detonation of a bomb that will kill millions. In this paper, I argue that the seeming effectiveness of this argument rests on two things: 1) the underdetermined semantic content of the term ‘torture,’ and 2) a philosophical attitude that regards the empirical facts about torture as irrelevant. Once we pay (...) attention to the facts about torture, and particularly about the role time plays in actual torture, the ticking bomb argument becomes incoherent, and hence cannot provide a basis for accepting torture. (shrink)

This chapter contains section titled: Dershowitz's Argument and the Ticking Bomb Who Tortures? Effectiveness and Time Knowledge and Necessity The Ticking Bomb Scenario: Conclusion.

In a recent article, Gross argues that physicians in decent societies have a civic duty to aid in the torturing of suspected terrorists during emergency conditions. The argument presupposes a communitarian society in which considerations of common good override questions of individual rights, but it is also utilitarian. In the event that there is a ticking bomb and no other alternative available for defusing it, torture must be used, and physicians must play their part. In an earlier article, Jones (...) also argues in favour of physician participation in torture, going so far as to enthusiastically endorse the allocation of research resources as well to ensure that the ability to meet emergency situations is as efficient as scientifically possible. I argue against both these views and defend the absolute prohibition against torture generally, and against any participation by physicians in particular. I show that these arguments are incompatible with liberal or decent societies, and that the institutional requirements for making torture effective would constitute an unacceptable degradation both of medical ethics and practice, as well as of political institutions in general. (shrink)

One potentially morally justified use of torture is found in philanthropic torture of a perpetrator (PTP): scenarios in which a perpetrator has instigated significant pending suffering against innocents and in which the suffering can be prevented by means of the perpetrator’s cooperation. These situations involve a clash of two intuitions: that torture is in some strong and obvious sense absolutely morally wrong, and that torture or harm of an immoral perpetrator may be permissible to prevent equally abhorrent, if not greater, (...) moral wrongs. My view is that a dually grounded view—permissible on theoretical grounds but wrong on practical grounds—can do justice to the conflicting intuitions we have about torture in cases of PTP. Further, I hold that practical “absolutism” will only be “mostly” or “likely” absolute, but that we should accept as adequate this “near absolutism”—it will give us the practical result we seek while also satisfying the intuition that we may act in otherwise untoward ways to prevent horrific moral harms. (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)

abstract Can torture be morally justified? I shall criticise arguments that have been adduced against torture and demonstrate that torture can be justified more easily than most philosophers dealing with the question are prepared to admit. It can be justified not only in ticking nuclear bomb cases but also in less spectacular ticking bomb cases and even in the so‐called Dirty Harry cases. There is no morally relevant difference between self‐defensive killing of a culpable aggressor and torturing someone (...) who is culpable of a deadly threat that can be averted only by torturing him. Nevertheless, I shall argue that torture should not be institutionalised, for example by torture warrants. (shrink)

The ticking bomb case is meant to challenge absolute prohibitions on the use of torture. In “Imaginary Cases,” Michael Davis attempts to show that such cases can only be legitimately employed within certain limited parameters. In this paper, I explain how the ticking bomb case, suitably revised, does not run afoul of Davis’s prohibition on impossible content. The fact that torture could elicit the necessary information is enough; we need not stipulate a guaranteed result. I also defend philosophers’ (...) use of the case to identify our moral intuitions and to evaluate our theoretical assumptions. Although our responses to actual events are better at mapping our actual commitments, imaginary events can also reveal our pre-theoretic intuitions. Ultimately, however, I reject the use of the ticking bomb case on practical grounds, because the imaginary case distorts our moral reasoning in actual cases and leads to our acceptance of torture more generally. (shrink)

This dialogue discusses a proposal for the legalization of torture under specific circumstances and contrasts it with arguments for a total ban on torture. We consider three types of objection: first, that the difficulty of having adequate knowledge renders the stock “ticking bomb” scenario such a low-probability hypothetical as to present no realistic threat to a policy banning all torture; second, that empirically the information gleaned from torture is so unlikely to be reliable that it could not justify the (...) moral risk; and third, that sanctioning torture, even if only under the most extreme circumstances, would generate a ‘culture of torture,’ hence undermining fragile advances in international human rights rooted in unwavering commitment to human dignity. Compelling as these arguments appear, not all the conversants are wholly convinced by them; to this extent the dialogue ends aporetically. (shrink)