Quotulatiousness

January 1, 2015

It’s. Just. Wrong. Period.

Filed under: Law, Liberty, Military, USA — Tags: , , — Nicholas @ 02:00

Jacob Sullum on the always-hot-button topic of state torture:

In an interview on Sunday, NBC’s Chuck Todd asked former Vice President Dick Cheney if he was “OK” with the fact that a quarter of the suspected terrorists held in secret CIA prisons during the Bush administration “turned out to be innocent.” Todd noted that one of those mistakenly detained men died of hypothermia after being doused with water and left chained to a concrete wall, naked from the waist down, in a cell as cold as a meat locker.

Cheney replied that the end — to “get the guys who did 9/11” and “avoid another attack against the United States” — justified the means. “I have no problem as long as we achieve our objective,” he said.

Charles Fried, a Harvard law professor who served as solicitor general during the Reagan administration, and his son Gregory, a philosophy professor at Suffolk University, offer a bracing alternative to Cheney’s creepy consequentialism in their 2010 book Because It Is Wrong. They argue that torture is wrong not just when it is inflicted on innocents, and not just when it fails to produce lifesaving information, but always and everywhere.

That claim is bolder than it may seem. As the Frieds note, most commentators “make an exception for grave emergencies,” as in “the so-called ticking-bomb scenario,” where torturing a terrorist is the only way to prevent an imminent explosion that will kill many people. “These arguments try to have it both ways,” they write. “Torture is never justified, but then in some cases it might be justified after all.” The contradiction is reconciled “by supposing that the justifying circumstances will never come up.”

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