Torture Flashcards

(9 cards)

1
Q

What is the utilitarian argument against the use of torture?

Dershowitz - Should the Ticking bomb terrorist be tortured?

A

The legitimation of torture would provide a welcome justification for its more widespread use around the world

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2
Q

What is the first way to act when faced with the torture vs terrorism problem?

(Dershowitz - Should the Ticking bomb terrorist be tortured?)

A

Allow torture to continue to fight terrorism in a “twilight zone” outside the realm of law

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3
Q

What is the second way to act when faced with the torture vs terrorism problem?

(Dershowitz - Should the Ticking bomb terrorist be tortured?)

A

The way of hypocrites: declare torture illegal but allow it to happen

Dershowitz is against this

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4
Q

What is the third way to deal with the torture vs terrorism problem?

(Dershowitz - Should the Ticking bomb terrorist be tortured?)

A

“the truthful road of the rule of law”
Law provides a framework for torture

This includes implementation of torture warrants

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5
Q

What is the fourth way to deal with the torture vs terrorism problem?

(Dershowitz - Should the Ticking bomb terrorist be tortured?)

A

Forego any use of torture and allow the preventable terrorist act to occur

Dershowitz is against this

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6
Q

What is the triangular conflict?

Dershowitz - Should the Ticking bomb terrorist be tortured?

A
  1. Safety
  2. Civil liberties and human rights
  3. Accountability
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7
Q

How is the ticking bomb hypothetical different from other thought experiments?

(Baron - the ticking bomb hypothetical)

A

It is intended to weaken a commitment to the absolution position that torture should he banned in all circumstances

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8
Q

What is the effect of the assumptions made in the ticking bomb scenario?

(Baron - the ticking bomb hypothetical)

A

It removes morally salient issues and assumes torture is the only thing that will work

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9
Q

What is Dershowitz’s view on the permissibility of torture?

Dershowitz - Should the Ticking bomb terrorist be tortured?

A

He approves of the use of torture to prevent terrorism as long as a warrant is required

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