The Morality Of Torture Essay

1710 words - 7 pages

Torture is a controversial topic in today’s society. What is torture? Torture can be defined as, ‘the act of inflicting excruciating pain, as punishment or revenge, as a means of getting a confession or information, or for sheer cruelty.’(Dershowitz, A) According to international law, it is illegal to use torture in any situation of any kind. Though torture undoubtedly continues throughout the world, the moral argument prohibiting torture should or could be justified. However, the question of torture has resurfaced in the context of the “Is There A Torturous Road to Justice” mainly focusing on the attacks of 911. Seemingly, the topic of torture became more demanding after millions of lives lose and threaten after the attacks on the United States. The dilemma of torture is commonly expressed towards problem of the ‘ticking bomb terrorist.’
In this essay, I will argue that torture is unsubstantial conflicting as a moral and immoral belief. Many individuals would argue that torture is immorally wrong and views it as a malevolent form of punishment, but on the other hand, a solider fighting in war may see it as a justifiable action towards protecting themselves, other citizens, and the country. Nevertheless, if torture is so immoral, why is the topic so hard to explain? Within the society of social order, many people would say that torture is a shameful action for those who support it and or participate in agony. This may be valid, but this argument could be compared to other criminal scenarios. For instance, a person who commits a crime such as stealing a car and injuring someone or harming a person with the intent to kill, in this society these actions could be seen as immoral action. During the criminal sanction, they could be faced with probation, a substantial number of months or years in jail or prison, and or the death penalty. Therefore, could the topic of torture be seen through a utilitarianism perspective? According to Alan Dershowitz, torture is right when executed through justifiable law, which exceeds completing the action unlawfully. Meaning, Dershowitz believes that there should be an issued warrant when wanting to use torture amongst a human being. Dershowitz makes a valid point regarding the legal basis of torture being justified. However, in my opinion looking at torture through a legal stance creates a skeptical outlook through a moral and financial standpoint.
In my opinion, using the torture warrant method may present financial barriers. The cost of each warrant has to be a considerable factor when using a warrant to brutalize an individual. “Judges should have to issue a "torture warrant" in each case. Thus we would not be winking an eye of quiet approval at torture while publicly condemning it.” (Dershowitz, A). Overall, Dershowitz reasoning seems outrageously complex. This aspect results into the debate of torture and the law by simply changing the law to accommodate torture. From an illegal and legal...

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