Allhoff, Shatz Flashcards
Deontological vs utilitarian
Deontological – rights-based arguments tend to reject torture
utilitarian – consequence or happiness-based arguments – tend to justify torture.
what is the deontological argument against torture
- Torture violates the dignity of a person
- We should not use humans as means to an end
utilitarian argument for torture
The right action is the one that maximises total aggregate happiness
what is Allhoff’s argument
There might be cases in which there will inevitably be a violation of rights. So some violation may be done to prevent further violation
BUT the only ones who’s rights we can violate are only the ones who are not innocents (e.g. terrorists)
“Complicity in terrorist activities constitutes a forfeiture of innocence”
what is the Ticking bomb scenario
torture used to extract information regarding hostages/any situation where the lives of innocents can be saved
Only if all of these conditions hold then torture is permissible:
1. Only used to retrieve information that could be used to prevent future threats from occurring
2. A reasonable expectation that the captive has knowledge of the relevant information
3. A reasonable expectation that the information that the captive has corresponds to the imminent and significant threat
4. A reasonable expectation that the acquisition of the information can lead to prevention of the terrorist act
according to Allhoff, what kinds of torture are acceptable
Physical and psychological acceptable
NOT - other directed
- Unlikely to be necessary
- Torturing an innocent
- The innocent is the means to an end
Problems with the ticking time bomb scenario
- Interrogators must be sure they are holding the right person
- They must be sure that the suspect told the information they need to avert an imminent threat and save lives
- They must be sure that the use of torture will help secure the information
- The information elicited must be reliable
Torture and Virtue Ethics
In order to torture, you need a torture bureaucracy.
What does that say about a state that has such a bureaucracy?
torturers likely not to be morally or psychologically sound. can be a language of justification