Resort to Torture

Argumentative Essay # 128251

Philosophy > Ethics
Political Science

A philosophical exploration of the issue of torture in the context of state action to prevent terrorism and mass civilian casualties.

5,645 words () | 8 sources | MLA | 2010 | United States

Published on: Jul 07, 2010

Paper Summary:

The paper examines the nature and imperatives of the modern nation-state along with the threats and responsibilities it faces. A comparative analysis is made of two prominent writers in the field- noted Harvard professor and legal scholar Alan Dershowitz and respected academic and human rights advocate Jeremy Waldron. The conclusion is that although torture is a morally complicated issue, in very limited and specific instances, it may be permissible to save life by preventing mass casualties.

Outline:
Introduction
The State
Torture and Its Discontents
Torture and the State

From the Paper:

"Torture is a very sensitive and extremely controversial issue. An abhorrent enterprise, it is unfit for the civilized world, but in truth we do not always deal with civilized foes. Threats to the security of the United States now emanate from individuals and groups of non state actors who are loosely affiliated, highly mobile, versatile, resourceful, cunning, and above all brutal. They operate from lawless regions in Afghanistan and Pakistan and have cells in over sixty countries. They owe allegiance to no state, recognize no treaties, and make no distinction between soldier and civilian. Their aims are total, their means are savage, their ideology is fanatical, and their patience is of potentially infinite duration. This will be a long struggle not dissimilar to the Cold War, but without the advantages of a rational adversary and a fixed operational base. In such an unprecedented fight, no principle can be absolute save flexibility.
"

Sample of Sources Used:

Alan M. Dershowitz, Why Terrorism Works: Understanding the Threat, Responding to the Challenge (New Haven, CT: Yale University Press, 2002)
Paul Starr, Freedom's Power: The True Force of Liberalism (New York: Basic Books, 2007)
Richard A. Posner, Not a Suicide Pact: The Constitution in a Time of National Emergency (New York: Oxford University Press, 2006)
Jeremy Waldron, "Is This Torture Necessary?" New York Review of Books 25 Oct. 2007
Charles Krauthammer, "The Truth About Torture: It's Time To Be Honest About Doing Terrible Things," The Weekly Standard 5 Dec. 2005: Vol. 11, No. 12