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Just War Theory: The Ethics Of Torture

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Just War Theory is a concept that has been around for ages dating back to the Greeks and Romans. Just War Theory, as a doctrine, has deep roots in the Catholic tradition as it comes out of Catholic moral theology from the Middle Ages (Walzer, 2008). The framework for the theory revolves around two concepts, Jus ad Bellum, the right to go to war, and jus in bello, proper conduct while engaged in war. Six conditions must be satisfied for a war to be considered just or the right to go to war. First, the war must be for a just cause. A lawful authority must lawfully declare the war. Third, the intention behind the war must be good. All other ways of resolving the problem should have been tried first. Fifth, there must be a reasonable chance of …show more content…

Just torture theory is a framework for contemplating the ethics of torture, establishing a set of principles for moral reasoning and judgment and inspired by the just war framework (Majima, 2012). This theory revolves around three principles which consider the possible ethics of torture by framing it in the same structure of the just war theory. The first is jus ad cruciamentum, which defines the justice of torture. The second principle is jus in cruciamento, which describes the justice in torture. Finally, jus post cruciamentum defines the justice after torture. Majima summarizes that to have the justice of torture there must be a just cause, conducted by a legitimate authority, have the right intention, be a last resort, must achieve its goal, and the advantages brought by torture must be proportionate to the overall harm it causes. The second phase, justice in torture, must first establish a distinction between perpetrators, suspects, and innocents. This first criterion can pose difficult especially when dealing with terrorist. The second criterion of justice in torture is that there must be a proportionality of means. These means would include methods, duration, intensity, and degree of pain, as examples. Finally, to be considered just in torture there must be detailed records maintained. Majima's final proposal to his just torture theory, is justice after torture, in which he believes that rehabilitation and disclosure are vital to the overall justification following

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In the article “The Case for Torture”, Michael Levin argues that the use of torture as a way to save lives is justifiable and necessary. Levin draws a series of cases where torture might be acceptable so as to set certain precedent for the justification of torture in more realistic cases. HoweverLevin illustrates three cases where torture might be justifiable.he describes a terrorist keeping city of millions hostage to an atomic bomb, the second, a terrorist who has implanted remote bombs on a plane and the third, a terrorist who has kidnapped a baby. torture and its consequences have been recorded in countries around of world over a vast span of time, and for a variety of reasons. Levin makes no such attempt to expand his article beyond

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Many have said that they would want nonlethal torture to be used in such cases but “did not want torture to be officially recognized by our legal system.” Similar statements have posited that while “torture might be necessary in a given situation it could never be right.” This approach, that of keeping torture off-the-books, is in direct conflict with the necessity for accountability and transparency in a democracy. A democracy cannot work if the public is kept in the dark. The public must know what is going on in order to approve or disapprove.

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699 Words | 3 Pages

Mahatma Gandhi, the preeminent leader of the Indian independence movement states “You can chain me, you can torture me, you can even destroy this body, but you will never imprison my mind.” This is important because torture is brutal on the body and mind. The article “Torture’s Terrible Toll” by John McCain is more convincing then the article “The Case for Torture” by Michael Levin because McCain provides more logical reasoning, he adds his own personal experience of being a captured prisoner during the Vietnam War, and he creates an emotional bond with people around the world. Through more logical reasoning McCain Argument is more valid than Levin.

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515 Words | 3 Pages

In Michael Levin’s “The Case for Torture”, he uses many cases of emotional appeal to persuade the reader that torture is necessary in extreme cases. There are many terms/statements that stick with the reader throughout the essay so that they will have more attachment to what is being said. Levin is particularly leaning to an audience based in the United States because he uses an allusion to reference an event that happened within the states and will better relate to the people that were impacted by it. The emotional appeals used in this essay are used for the purpose of persuading the reader to agree that in extreme instances torture is necessary and the United States should begin considering it as a tactic for future cases of extremity. One major eye catching factor of this essay is the repetitive use of words that imply certain stigmas.

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Many people might think that torture is cruel, unacceptable and it does not show humanity. In contrast, Michael Levin says that implementing torture is needed to prevent future evil acts. In “The Case for Torture”, Michael Levin also makes it clear that there are situations in which torture is not merely acceptable but morally necessary. Levin argues that implementing torture to save people lives is morally right and reasonable. Levin’s purpose of his text is to let people know that there are times when torture becomes an option to save and protect innocent lives.

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In Michael Levin's The Case for Torture, Levin provides an argument in which he discusses the significance of inflicting torture to perpetrators as a way of punishment. In his argument, he dispenses a critical approach into what he believes justifies torture in certain situations. Torture is assumed to be banned in our culture and the thought of it takes society back to the brutal ages. He argues that societies that are enlightened reject torture and the authoritative figure that engage in its application risk the displeasure of the United States. In his perspective, he provides instances in which wrongdoers put the lives of innocent people at risk and discusses the aspect of death and idealism.

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While analyzing “The Torture Myth” and “The Case for Torture”, it is very clear to see the type of rhetorical appeals used to persuade the audience. Anne Applebaum, the writer of “The Torture Myth” --in context of the decision of electing a new Attorney General--would argue that torture is very seldomly effective, violates a person’s rights, and should be outlawed due to the irrational need upon which physical torture is used. On the other hand, Michael Levin strongly argues that physical torture is crucial to solving every imminent danger to civilians. Levin claims that if you don’t physically torture someone, you are being weak and want to allow innocent people to die over something that could have been simply done.

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My opposition to torture fall under the beliefs of the absolutist Kant, who states that no matter what the circumstance is, something that is wrong will always be wrong (Boothe 2006, 12). Therefore, concerning the issue of torture, in this world or any other world, torture is immoral. In this paper, I will employ the ethical frameworks of virtue, rights, and fairness to argue against torture when viewed from the perspective of the victim, the torturer, and any outside source. Furthermore, I will dismantle the ticking-bomb scenario by deducing the incapability to achieve full certainty deeming these scenarios unrealistic.

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350 Words | 2 Pages

I am working towards being a real estate agent. I would enjoy this career path, because I like working with houses and interacting with people. My parents both own their own businesses so I always have interacted with the public throughout my whole life. My dad is my inspiration because he owns and rents houses. So, I not only want to sell houses

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In discussions of torture, one controversial issue has been whether torture is an effective mean to gain information from terrorists. On the one hand, many people would argue that torture is a very effective mean to gain information. On the other hand, there is a large amount of people who contends that torture is not the only means to gain the same information. My own view is that there are better ways to gain information from terrorists other than torturing them. I disagree with torture being an effective mean to gain information because; as recent research has shown it can be ineffective.

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482 Words | 2 Pages

It is revealed by Luban & Shue (2011) that punishment practices, law enforcement abuses and interrogation methods might be labeled as torture in the United States. However, during the real application, although the physical torture is few, the definition of “severe mental pain or suffering” is confused and falsified to avoid the repression and prosecution of mental torture (Luban & Shue, 2011). Many victims suffer from this kind of psychological torture is difficult to prove and often bring serious consequence, such as PTSD. In this case, incarceration not only fail to reduce the recidivism rate, but also leads to more severe

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962 Words | 4 Pages

In this article the author asks the question as to whether torture is a viable source in getting information. Since there is other moral ways of getting information. Some of these methods have shown to be more efficient. They also leave the victim’s mind intact. Janoff-Bulman, Ronnie.

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o Legitimate authority: The authorities have to make the decision, make it public to the citizens and the enemy, then only may a state go to war (Orend; 2005). o The right intention: The aim of war must be to re-establish a just

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955 Words | 4 Pages

Torture is universally prohibited in both national and International law worldwide. It is a fundamental violation of human rights that cannot be derogated from. Essentially, torture is said to constitute any physical and mental act by which severe pain or suffering is intentionally inflicted upon a person ( UNCAT).Torture is mainly used for purposes that are set out to degraded, embarrass, and induce destruction in the person being subjected to torture and those in close relation to the person being tortured .Torture is a mechanism used by those in authoritative positions to preserve themselves in power (Power, 2006:2). Despite the universal prohibition on torture, its use has been widespread throughout history, and especially of late in the wake of September 11 2001 and other recent terrorist atrocities to combat the aforementioned heinous terrorist attacks.

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1005 Words | 5 Pages

In Defense of Torture “Because It Is Wrong:” A Meditation on Torture Rules Should Govern Torture, Dershowitz Says What ethical arguments are being made? Torture is okay to use. Torture is wrong. Torture should be okay in some circumstances

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