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 ID: 325664
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Slide1
When is torture justified?Slide2
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 isSlide3
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 matterOnly happiness & misery matterThe total matters, with each individual given equal considerationSlide4
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 isSlide5
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 fourSlide6
Dershowitz
: we should take
rule utilitarian
approachAct 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?Slide7
The minibar problem
What’s an operative rule?Slide8
Taking and replacing the
oreos
is permissible so long as doing so (tonight, here) would maximize total happinessACT UTILITARIANISM
What’s an operative rule?Slide9
RULE UTILITARIANISM
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)
What’s an operative rule?Slide10
May I take and replace
the
oreos
?Act UtilitariansMaybe so, since this one act maximizes total happiness
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.)
What’s an operative rule?Slide11
What is Dershowitz’s
torture rule?
Should torture suspect if and only if (see p. 468)—
Ticking bomb scenario ANDSuspect is guilty party ANDSuspect knows where bomb is ANDSuspect is given immunity ANDSuspect refuses to speak ANDTorture is non-lethal (e.g. sterile needle under fingernails)Slide12
Dershowitz’s torture rule, applied
RULE
Does the rule allow this?
Torture suspect’s childShould torture suspect if and only if
Ticking bomb scenario ANDSuspect is guilty party ANDSuspect 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)Slide13
Dershowitz’s torture rule, applied
RULE
Does the rule allow this?
Torture one to save fourShould torture suspect if and only if
Ticking bomb scenario ANDSuspect is guilty party ANDSuspect 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)Slide14
Dershowitz’s torture rule, applied
RULE
Does the rule allow this?
Torture in Zero Dark Thirty
Should torture suspect if and only ifTicking bomb scenario ANDSuspect 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)Slide15
Why such a restrictive rule?
You could say: more respectful of universal human rights
But rule
utilitarians don’t think in terms of rightsIf Dershowitz is really a rule utilitarian he must say: this is the rule that will maximize total happinessDo you think a more permissive torture rule would maximize total happiness?Slide16
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, denialTorture openly--explicit, public rules; must obtain warrant from judge (Dershowitz’s view)
Prohibit tortureSlide17
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 the real world (Luban)
*Bomb is ticking, explosion Is imminent, millions will die, bomber is in custody, knows where it isSlide18
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)Slide19
Ticking bomb
Why unrealistic?
What situations do we
really confront in the real world?Slide20
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)Slide21
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)Slide22
Torture as a practice
Torture in ZDTSlide23
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)Slide24
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)Slide25
Three views on when torture
is 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 isSlide26
Three views on when torture
is 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