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TORTURE AND JUST WAR
Author(s) -
Cole Darrell
Publication year - 2012
Publication title -
journal of religious ethics
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.306
H-Index - 20
eISSN - 1467-9795
pISSN - 0384-9694
DOI - 10.1111/j.1467-9795.2011.00507.x
Subject(s) - torture , argument (complex analysis) , battle , law , just war theory , state (computer science) , perspective (graphical) , character (mathematics) , political science , spanish civil war , law and economics , criminology , sociology , history , human rights , medicine , computer science , geometry , mathematics , archaeology , algorithm , artificial intelligence
I offer an argument for why torture, as an act of state‐sponsored force to gain information crucial to the well‐being of the common good, should be considered as a tactic of war, and therefore scrutinized in terms of just war theory. I argue that, for those committed to the justifiability of the use of force, most of the popular arguments against all acts of torture are unpersuasive because the logic behind them would forbid equally any act of mutilating or killing in battle. I will also argue that looking at torture through the perspective of the just war tradition forces us to place strictures on the practice that make it hard to justify, helps us to see why torture should never be legalized, helps us to clarify when circumstances might justify torture, and suggests what sort of character is required to recognize when those circumstances have occurred.