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2 Crim. L. & Phil. 1 (2008)

handle is hein.journals/crimlpy2 and id is 1 raw text is: Crim Law and Philos (2008) 2:1-15 DOI 10.1007/s11572-007-9036-z Ticking Bombs and Interrogations Claudia Card Published online: 12 July 2007 © Springer Science+Business Media B.V. 2007 Abstract Torture is like slavery (and unlike murder and genocide) in that it is not inconceivable that torture might be justifiable. But the circumstances that would make it tolerable are unrealistic in philosophically interesting ways. It is unrealistic to think we can predict when torture will be effective and containable; unwarranted to suppose that humane alternatives are impossible; disastrous to remove motivations to create alternatives; unac- ceptable to be satisfied with available evidence regarding suspects' identity, knowledge of critical detail, ability to recall it, or reasons for not providing it. Most importantly, the costs of even successful interrogational torture would negate the gains sought. Or so this essay argues. Keywords Torture - Pain - Stress - Excuses - Mitigation - Mercy - Self-defense Water boarding The Revived Torture Debates In reading for my dissertation on punishment more than 40 years ago, I encountered the torture chapter in Cesare Beccaria's essay On Crimes and Punishments (1963), pub- lished anonymously in Tuscany in 1764. I read through that chapter quickly, never expecting to see that debate revived. Yet here we are. Beccaria's critique is still relevant, and further arguments can be added. I am convinced, in my head and my heart, that there is no moral excuse for torture. Perhaps one can imagine a world in which some kind of torture might be morally tolerable. But that world is not ours. Let's see if I can convince you. Torture is like slavery (and unlike genocide and murder) in that the idea that torture can be morally justifiable, in whole or in part, is not self-contradictory. But the circumstances C. Card (E) University of Wisconsin-Madison, Madison, WI 53706, USA e-mail: cfcard@wisc.edu Springer

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