Torture and human rights

Discussion II

Vishnu Konoorayar Assistant Research Professor The Indian Law Institute vishnu@ilidelhi.org

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 A. Types of torture: Few illustrations B. Philosophical analysis of torture

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Types of torture techniques

Psychological Physical

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B. Philosophical analysis of torture Three approaches by scholars Four questions I. What is torture? II. What is wrong with torture? III. Is torture ever morally justifiable? IV. Should torture ever be legalized or otherwise institutionalized?

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Three approaches by scholars

First view: Torture is bad David Luban (2005) Luban, David, 2005, Liberalism, Torture and the Tickling Bomb Virginia Law Review, Vol. 91, No. 6, pp. 1425-61 Jeremy Waldron (2005). Waldron, Jeremy, 2005, Torture and Positive Law: Jurisprudence for the White House, Columbia Law Review, Vol. 105, No. 6, pp. 1681-1750. Michael Davis (2005) Davis, Michael, 2005, The Moral Justification of Torture and other Cruel, Inhuman, or Degrading Treatment, International Journal of Applied Philosophy, Vol. 19, No. 2, pp. 161-78.

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 Second view: Supporting legalization and institutionalization of torture Fritz Alhoff (2003). Allhoff, Fritz, 2003, Terrorism and Torture, International Journal of Applied Philosophy, Vol. 17, No. 1, pp. 105-18
Third view: Torture may be justified in emergencies but can never be institutionalized Tibor Machan (1990) Machan, Tibor R., 1990, Exploring Extreme Violence (Torture), Journal of Social Philosophy, Vol. 21, pp. 92-7.

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I. What is torture?
Extreme physical pain or suffering Premise 1: Torture is the intentional infliction of extreme physical pain or/and suffering on some non-consenting, defenceless person.
Premise 2: The intentional, substantial curtailment of the exercise of the person's autonomy (achieved by means inflicting physical pain or/and suffering) for breaking the will of the victim

The victim of torture finds within herself a surrogate of the torturer, a surrogate who does not merely advance a particular demand for information, denunciation or confession. Rather, the victim's whole perspective is given over to that surrogate, to the extent that the only thing that matters to her is pleasing this other person who appears infinitely distant, important, inscrutable, powerful and free. The will of the torturer is thus cast as something like the source of all value in his victim's world Sussman, David, 2005, What's Wrong with Torture? Philosophy and Public Affairs, Vol. 33, pp. 1-33 at p
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II. What is wrong with Torture?

Torture attacks the autonomy of another person Individual autonomy is an idea that is generally understood to refer to the capacity to be one's own person, to live one's life according to reasons and motives that are taken as one's own and not the product of manipulative or distorting external forces. This is a central value based on which the whole idea of human rights philosophy is built

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III. Moral justifications for Torture

Case Study 1: Justifiability of One-off acts of Torture Case study 2: The Terrorist and the ticking bomb

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IV. Should torture ever be legalized or otherwise institutionalized?

The impact of torture on liberal institutions Exploitation of institutionalized torture

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The healthy man does not torture others generally it is the tortured who turn into torturers
Carl Gustav Jung
(Swiss psychiatrist, Psychologist and Founder of the Analytic Psychology, 1875-1961)

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Thank you

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