Kant's Deontological Theory Of Torture

In 2002, Magnus Gäfgen abducted the eleven year old Jakob von Metzler, the son of a prominent Frankfurt banker (Harvard University, 2011). When the kidnapper was captured by the police, he refused to tell where he had hidden the boy, leading the deputy police chief Wolfgang Daschner to threaten Gäfgen with tortue (Harvard University, 2011). In the midst of the media hysteria a question of morality emerged: was the threat of torture justified in trying to save the boy's life? Whereas utilitarian ethics would assert that the threat is justified if saving the innocent boy's life maximizes overall utility; Kant’s deontological theory of absolute ends dictates respect for the criminal’s human dignity regardless of his crime (Sandel, 2009). This

Although his theory concerns hate speech, it can be argued that the certitude “that when one leaves home in the morning, they can count on not being discriminated against or humiliated or terrorised” (Pierik, 2015, slide 33) is destroyed, when the police are able to threaten torture to criminals like Gäfgen. Stripping away recognition respect (Pierik, 2015) from individuals for the reason that they are suspected criminals is discrimination, and threatening acts of severe mental pain or suffering is terrorisation. In summation, assurance which promotes the general population's happiness through the absence of anxiety of discrimination is destroyed when police are able to veto fundamental rights and threaten torture onto criminals. Not only this, but the threat of torture is, according to Barack Obama, a “false choice between our security and our ideals” (The White House, 2009) which moreover “corrodes the character of a country” (The White House, 2009). Obama indicates that the utility is maximized when citizens believe America upholds morals, such as human rights (The White House, 2009). Moreover, citizens are dissatisfied when the nation sacrifices these ideals. If one translates this to Dashner's threat, even if it was able to gain information about the missing boy, the greater utility would be that the population was trusting and content because their police were ethical. Moreover, since the police symbolize a higher authority, the implications could be even wider, and the use of torture threats could make citizens unhappy not just about their law enforcement but about the city or state. In conclusion, a utilitarian perspective can argue that threatening torture onto Gäfgen could reduce utility by creating stress from lack of assurance and creating outrage around the spoiled