Should Torture Be Legal Analysis

Torture is something that is known as wrong internationally. Torture is “deliberate, systematic or wanton infliction of physical or mental suffering by one or more persons acting on the orders of authority, to force a person to yield information, to confess, or any other reason” (World Medical Association, 1975, pg.1). There is a general consensus that there is a right to be free from any kind of torture as it can be found in many different human rights treaties around the world. The treaties show that all of the thoughts about torture are pointing away from the right to torture someone no matter what the case

With his article “The Case for Torture” Levin has made his readers think over what the differences between the death penalty and torture. Levin provides evidences and asks questions to lead his readers into forming their own opinion on whether torture is totally unacceptable in any situation or not. But it is clear by the end of the article where Levin stands on the topic of

David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are

In contrast, some individuals may debate that torture and even some more minuscule forms of torture can be beneficial to obtaining the information needed. It is debated that torture has been used in a large portion of political systems in history, and that the “degree” of torture is a significant component when deciphering right vs. wrong. Moher argues that in a political system where torture is justifiable and legal, the torture used would be less extreme than what it is today (Moher, 2013). It is reasoned that different degrees of torture are more acceptable than others, in that some are less psychologically and physically harming. A

There are different laws over all countries that control by every government in the world. For those who is a criminal or a prisoner, their country’s government has different laws of punishment to punish them. Torture is one of them. The function of torture is to force someone to say something and as a punishment. Torture is unacceptable which I disagree on which it is an action of inhumanly.

Torture has been a sensitive subject in our government and among the people of the US. The article “Torture is Wrong-But it Might Work” Bloche about how even though torture is not moral to some, it can still provide effective results because of advanced techniques and psychological studies. He goes on to say that many believe it is effective but others will say it does not provide adequate results in interrogation efforts. Senators such as John McCain (R-Ariz.) believe it does not help at all; however, other government officials, such as former attorney general Michael Mukasey and former vice president Dick Cheney, believe it does (Bloche 115).

The War on Terror has produced several different viewpoints on the utilization of torture and its effectiveness as a means to elicit information. A main argument has been supplied that torture is ineffective in its purpose to gather information from the victim. The usefulness of torture has been questioned because prisoners might use false information to elude their torturers, which has occurred in previous cases of torture. It has also been supposed that torture is necessary in order to use the information to save many lives. Torture has been compared to civil disobedience. In addition, the argument has been raised that torture is immoral and inhumane. Lastly, Some say that the acts are not even regarded as torture.

Every single person in America today grew up with the belief that torture is morally wrong. Popular culture, religious point of views, and every other form of culture for many decades has taught that it is a wrongdoing. But is torture really a wrong act to do? To examine the act of torture as either a means or an end we must inquire about whether torture is a means towards justice and therefore morally permissible to practice torture on certain occasions. “Three issues dominate the debates over the morality of torture: (1) Does torture work? (2) Is torture ever morally acceptable? And (3) What should be the state’s policy regarding the use of torture?” (Vaughn, 605). Torture “is the intentional inflicting of severe pain or suffering on people to punish or intimidate them or to extract information from them” (Vaughn, 604). The thought of torture can be a means of promoting justice by using both the Utilitarian view and the Aristotelian view. Using John Stuart Mills concept of utilitarianism, he focuses on the greatest happiness principle which helps us understand his perspective on torture and whether he believes it is acceptable to do so, and Aristotle uses the method of virtue of ethics to helps us better understand if he is for torture. The term torture shall be determined by exploring both philosophers’ definition of justice, what comprises a “just” act, what is considered “unjust”, and then determined if it would be accepted by, or condemned by either of these two

And it is also prohibited. But the truth is, even when being outlawed, torture is still used silently, especially in the interrogation of terrorists. Did it have any effect on the long-term battle against terrorism of the U.S and the world? According to John McCain, it is a no. In “Torture’s Terrible Toll”, he wrote about his own experience:

Torture is not a new ethical dilemma, because torture has been practiced throughout human history and in different cultures. Now, however, the Geneva Convention and other modern norms suggest that human beings should not resort to using torture. Torture is becoming taboo as a method of intelligence gathering, which is why the methods used during the Iraq war were decried. However, the ethical case can be made for torture. If torturing one human being leads to information that could save the lives of a thousand, torture suddenly seems like a sensible method. This is a utilitarian perspective on torture, which many people find palatable. However, there are problems with this method of thinking about torture. The state-sanctioned use of torture creates a normative framework in which torture becomes acceptable. Torture sends the wrong message about what a free, open, and enlightened society should be. Even if torture is only acceptable in extreme circumstances, as with a suspect who might know something about an impending terrorist attack, who decides when and what type of torture should be used? There is too much potential for abuse of the moral loophole with regards to torture. If the United States hopes to be a role model, then torture cannot fit into its intelligence methods.

Is there a case for torture? Throughout the world for many centuries torture has been a highly debated and very controversial topic. It all started in Greece when slaves would get tortured to collect evidence for trials, crimes against the state, and treason. Not long after, the Roman Catholic Church and the Nazis’ began to use torture as well. During this time witnesses noticed what was going on and did not agree with it but had no way of stopping it. All across the world, a group of nations came together to make an agreement in opposition to torture. Not all nations were agreeing to not allow torture in their country, yet the majority of countries did agree. Even today it is hard to make the whole world agree to not doing something but making these agreements allow individual countries to comprise a support system. Many public figures and educators have made their opinion public but it has not yet evoked a change in the agreements originally set by the Geneva Convention. Torture is still today a very controversial topic with compelling arguments for both sides of whether to torture or to not.

The United States has been, and may again be, under terrorist threat and attacks or other similar incidents. Torture can be used to prevent these terrible incidents and save the lives of many people. Torture in the United States has been a debatable subject for many years now but after resent tragedies, the idea of torture of many American citizens has changed. It has also been debated over more after the attacks on September 9, 2001 than any other time in American history. Many fight the legalization of torture for moral and civil reasons but the truth is that torture is a lesser evil that can be used for a greater good.

The topic of torture is one that is very controversial and should not be taken lightly. Torture is used to break a person apart, physically and mentally, in order to get what you want from this person. Krauthhammer’s “The Truth About Torture: It’s Time to be Honest About doing a Terrible Thing” and Sullivan’s “The Abolition of Torture” are two different views on torture and whether or not it should be made legal and the moral complications that arise in certain situations. Although torture is a monstrous and horrible thing, there are two cases (ticking time bomb and high level terrorist problem) where you have to reconsider whether or not torture can be morally justified. To expand, I will undoubtedly have to disagree with Sullivan’s approach and outline the different problems he poses with his argument. Ultimately, Krauthhammer made the stronger case in which there are two cases where torture is morally the right thing to do and should be applied legally (but carefully) in the judicial system in order to

People’s imaginations start to go wild when they hear the word torture. However, there are enhanced interrogation techniques that are more humane than others. Waterboarding, for example, simulates the effect of drowning and is highly recommended by people such as former Vice President Dick Cheney (Defrank). It is highly unpleasant, but breaks no bones and leaves no bruises. It also exposes those performing the interrogation to lesser psychological strain than other methods that could be used would. Torture is accused of being a cancer in society, but if regulated and reserved for the “especially” bad guys, societal homeostasis would be maintained.

Sullivan, argument is opposite to that of Krauthammer 's argument because for him torture, in any form and under any circumstances, represents the opposite to what the US stands for and it is an impediment to winning a wider war. Torture is the polar opposite of freedom. It is the banishment of all freedom from a human body and soul. Human beings, all inhabit bodies and have minds, souls, and reflexes that are designed in part to protect those bodies and to maintain a sense of selfhood that is the basis for the concept of personal liberty. What torture does is use these involuntary, self-protective resources of human beings against the integrity of the human being himself. It takes what is most