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When is torture justified?

When is torture justified?. Three views on when torture is morally justified. Whenever an act of torture will maximize total happiness (Act Utilitarians ) In ticking bomb scenarios*, provided many conditions met ( Dershowitz ) Never in real world ( Luban ).

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When is torture justified?

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  1. When is torture justified?

  2. Three views on when torture is morally justified • Whenever an act of torture will maximize total happiness (Act Utilitarians) • In ticking bomb scenarios*, provided many conditions met (Dershowitz) • Never in real world (Luban) *Bomb is ticking, explosion Is imminent, millions will die, bomber is in custody, knows where it is

  3. Utilitarianism (Act)—an act is obligatory so long as it produces greatest happiness for the greatest number (GHGN), i.e. maximizes total happiness; otherwise the act is wrong. • Only consequences matter • Only happiness & misery matter • The total matters, with each individual given equal consideration

  4. Three views on when torture is morally justified • Whenever an act of torture will maximize total happiness (Act Utilitarians) • In ticking bomb scenarios*, provided many conditions satisfied (Dershowitz) • Never in real world (Luban) *Bomb is ticking, explosion Is imminent, millions will die, bomber is in custody, knows where it is

  5. Dershowitz’s objection to view #1 Slippery slope: (Act) Utilitarians mandate torture for… Torture bomber in ticking bomb case Torture bomber’s innocent child to make him speak Torture one to save four RIGHT WRONG Torture one child to save four

  6. Dershowitz: we should take rule utilitarian approach Act Utilitarianism: An act is obligatory so long as THE ACT produces GHGN; otherwise wrong. Rule Utilitarianism: An act is obligatory so long as THE OPERATIVE RULE produces GHGN; otherwise wrong. What’s an operative rule?

  7. What’s an operative rule? The minibar problem

  8. ACT UTILITARIANISM What’s an operative rule? Taking and replacing the oreosis permissible so long as doing so (tonight, here) would maximize total happiness

  9. RULE UTILITARIANISM What’s an operative rule? Taking and replacing the oreos is permissible so long as the operative rule would maximize total happiness. Take and replace products you want if you can get away with it (everywhere, at all times)

  10. What’s an operative rule? May I take and replace the oreos? Act Utilitarians Rule Utilitarians Definitely not, since the operative rule would not maximize total happiness (Think about following it at your local 7-11, at Macy’s, etc.) Maybe so, since this one act maximizes total happiness

  11. What is Dershowitz’s torture rule? Should torture suspect if and only if (see p. 468)— • Ticking bomb scenario AND • Suspect is guilty party AND • Suspect knows where bomb is AND • Suspect is given immunity AND • Suspect refuses to speak AND • Torture is non-lethal (e.g. sterile needle under fingernails)

  12. Dershowitz’s torture rule, applied RULE Does the rule allow this? Torture suspect’s child Should torture suspect if and only if • Ticking bomb scenario AND • Suspect is guilty party AND • Suspect knows where bomb is AND • Suspect is given immunity AND • Suspect refuses to speak AND • Torture is non-lethal (e.g. sterile needle under fingernails)

  13. Dershowitz’s torture rule, applied RULE Does the rule allow this? Torture one to save four Should torture suspect if and only if • Ticking bomb scenario AND • Suspect is guilty party AND • Suspect knows where bomb is AND • Suspect is given immunity AND • Suspect refuses to speak AND • Torture is non-lethal (e.g. sterile needle under fingernails)

  14. Dershowitz’s torture rule, applied RULE Does the rule allow this? Torture in Zero Dark Thirty Should torture suspect if and only if • Ticking bomb scenario AND • Suspect is guilty party AND • Suspect knows where bomb is AND • Suspect is given immunity AND • Suspect refuses to speak AND • Torture is non-lethal (e.g. sterile needle under fingernails)

  15. Why such a restrictive rule? • You could say: more respectful of universal human rights • But rule utilitarians don’t think in terms of rights • If Dershowitz is really a rule utilitarian he must say: this is the rule that will maximize total happiness • Do you think a more permissive torture rule would maximize total happiness?

  16. From individual morality to social justice • Individual morality—when is it right to use torture? (Dershowitz: If and only if you’re following torture rule.) • Social justice—what policies should US have? • Torture at “black sites”– secrecy, denial • Torture openly--explicit, public rules; must obtain warrant from judge (Dershowitz’s view) • Prohibit torture

  17. Three views on when tortureis morally justified • Whenever an act of torture will maximize total happiness (Act Utilitarians) • In ticking bomb scenarios*, provided many conditions satisfied (Dershowitz) • Never in the real world (Luban) *Bomb is ticking, explosion Is imminent, millions will die, bomber is in custody, knows where it is

  18. Luban’s Arguments • Ticking bomb scenario: totally unrealistic—should not think about it • Torture as a practice: “Once we grant the permissibility of torture in a hypothetical case, we end up in the real world with a torture culture that includes trained torturers and prisons like Abu Ghraib” (p. 477)

  19. Ticking bomb Why unrealistic? What situations do we really confront in the real world?

  20. Torture as a practice Professional interrogators “The person who decides whether this prisoner presents a genuine ticking-bomb case is not the interrogator….The interrogator simply executes decisions made elsewhere.” (p. 481)

  21. Torture as a practice Professional interrogators “The liberal fiction that interrogation can be done by people who are neither cruel nor tyrannical runs aground on the fact that regardless of the interrogator’s character off the job, on the job, every fiber of his concentration is devoted to dominating the mind of the subject.” (p. 482)

  22. Torture as a practice Torture in ZDT

  23. Torture as a practice Torture at Abu Ghraib IMAGES “Abu Ghraib is the fully predictable image of what a torture culture looks like.” (p. 483)

  24. Luban’s conclusion “For all these reasons, the ticking-bomb scenario is an intellectual fraud. In its place, we must address the real questions about torture…” (p. 483)

  25. Three views on when tortureis morally justified Which view is right? • Whenever an act of torture will maximize total happiness (Act Utilitarians) • In ticking bomb scenarios*, provided many conditions satisfied (Dershowitz) • Never in the real world (Luban) *Bomb is ticking, explosion Is imminent, millions will die, bomber is in custody, knows where it is

  26. Three views on when tortureis morally justified Which is now law? • Whenever an act of torture will maximize total happiness (Act Utilitarians) • In ticking bomb scenarios*, provided many conditions satisfied (Dershowitz) • Never in the real world (Luban) OBAMA’S EXECUTIVE ORDER *Bomb is ticking, explosion Is imminent, millions will die, bomber is in custody, knows where it is

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