On the Morality of Torture

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Ok, I've been severely misunderstood here. Of course violating one person's rights for the greater good is immoral. I never meant to imply that it wasn't. I don't see how it follows from my argument either. If the government or whatever power can take away the right of a person at will without prior violations by that person, then that person never really had rights in the first place. And if that is true, no one can have rights, so that whole system would fall apart.

My problem is not with people's rights being forfeited when they violate someone else's rights, but with what we actually do afterwards. "Punishing" those who violate rights is irrelevant to stopping the rights from being violated again by that person. The reason you "give the knife back" is not to punish the person but to stop him from killing you.
 
I think that torture is wrong. I think this through that gut feeling which I weigh what I feel what is justified or wrong day to day. Do I have evidence that torture Is wrong or inhumane? No. Do I have evidence that anything is wrong or inhumane? No. How can I prove that any crime for example is wrong? I cannot.

Well is my opinion worthless then? I do believe that the act of killing a being through punishment can be justified. I also believe that locking up a being for the rest of his days can be justified. I simply cannot explain why I have this gut feeling that torture is wrong, therefore, I suppose that one could consider my opinion as worthless. I was often told when growing up that you can have any opinion, as long as you can give an answer why you think your opinion is right. Does that make my opinion valid?
 
dylansan
It doesn't make your opinion wrong, but you don't have an argument.

I understand now. If I have an opinion which I cannot explain why exactly I think that way, then that does not make my opinion wrong (or right), but it does mean that I can use my opinion in an argument about such subject. Thank you. 👍
 
Dylan:
I didn't meant to prove you wrong or whatever.
Just pointed out that maybe the words how you phrased them shocked me personally. I kind of knew that it wasn't meant that way. Just wanted to point it out.


Tank : yes your opinion is valid and of value, as is everybodies opinion.

I think that a subject like this, everybody has his opinion.
I value everybodies opinion here, if someone thinks torture is a valid instrument, taht is their opinion.
I have mine.
Both can coexist, because we will never be together in a gouverment where such question would than pose a problem.

the ideas of Torture and death penality have a lot to due with cultural background.
You can be sure that Germans nowadays, would not even consider torture.
America has a different background. I am generalizing here and clearly it doesn't stand for every individual chain of thoughts within the said country, but it is nonoftheless true in general.


And a right is not always right
 
After re-reading some posts here I think we are mistaking torture with physical punishment. If not mistaking, we are at least talking of both as if they were the same.

To be clear, I'm totally against both. But they are completely different realities.

Torture isn't a punishment for a crime that has been committed. Torture is inflicted upon anyone that knows something you need to know and won't tell it voluntarily.

Unless, of course, "torture" has a different meaning in English and applies to both realities.
 
maybe he grew on the job and changed his opinion. Maybe he was also a hard guy before, but killing all those people made a click in his mind. you would maybe change your opinion too when you peeled off enough epiderm of hands of criminals.

I'd never sign up for the job of torturing people. I couldn't do it. Likewise I wouldn't sign up for the job of being a butcher... or a surgeon... or a trashman.... or the guy who climbs to the top of a radio tower (those guys are crazy).

I fully recognize that these jobs are suitable, even desirable, for others though.

And That is a good thing, if everybody thought torture would be ok, we would torture people so theay admit they shoplifted.

No, you can't torture someone who's rights are intact. And torture for shoplifting would be a punishment that doesn't fit the crime.

You can't defend yourself from someone torturing you by torturing them back either, so I fail to see a circumstance where it is fair.

It's fair if they're guilty of torturing others for starters. Also if they've murdered many people intentionally.

Just because a criminal forfeits his rights doesn't mean someone has to take advantage of that. Unnecessarily harming someone who's committed a crime is just that, unnecessary.

Totally 100% agree. It's not necessary to do it just because you can. What I'm saying is that you can.


The pysical right you talking about:
1. So when i have a car accident, and the other have a broken leg (physical harm), could he/ the state harm me physically ?

Intentionally causing harm is not a proportionate response to accidentally being harmed.

2. I still miss apart from all the fundamental rights, the human dignity, not only the dignity of the criminal, but also yours.

That's because dignity is not a right. Otherwise you'd be violating your own rights by a taking a job that robbed you of your dignity. Some would argue that being a stripper or going on Fear Factor would be examples of you violating your own rights (to dignity) and should result in your incarceration (for you own good). This is part of the reason dignity as a right makes zero sense.

In the treatement , an eye for an eye, you lowering your dignity to the same level as those from the criminals (the same goes for torture, death penalities, or physical punishement, abuse)

If someone steals $200 from you, gets caught, and you force him to give you your $200 back, have you lowered your dignity to his level? No, because you didn't steal from him. He forfeited some of his own rights when he took your property. He committed a crime and you didn't - even though you performed the same action.

Also killing an innocent child to save others (numbers not important)? Do you approve.

Ends do not justify the means. I totally agree.


My problem is not with people's rights being forfeited when they violate someone else's rights, but with what we actually do afterwards. "Punishing" those who violate rights is irrelevant to stopping the rights from being violated again by that person. The reason you "give the knife back" is not to punish the person but to stop him from killing you.

Could be to stop them from killing others. This person has demonstrated a fundamental lack of recognition of the rights of others - and/or a refusal to observe those rights. What to do with him once he has forfeited his rights is society's choice (provided that the response is proportionate). But executing someone who has chosen to murder is a proportionate and justifiable response. That doesn't mean we HAVE to, it doesn't even mean it's a good idea (there's a standard of proof argument that suggests it isn't), but it does mean that it's a legitimate response that does not violate human rights.

Tank : yes your opinion is valid and of value, as is everybodies opinion.

No, everyone's opinion is not valid and of value. That's not even possible. Opinions often contradict, they can't all be valid. Some opinions are based upon irrationality. Those opinions are not of value to anyone but the person having them.
 
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@famine
The pysical right you talking about:
1. So when i have a car accident, and the other have a broken leg (physical harm), could he/ the state harm me physically ?

Has a crime occurred? Is the punishment suitable to that crime? If the answer to either is no, no.

2. I still miss apart from all the fundamental rights, the human dignity, not only the dignity of the criminal, but also yours.

Please rationally establish the right to "dignity" from earlier rights.

In the treatement , an eye for an eye, you lowering your dignity to the same level as those from the criminals (the same goes for torture, death penalities, or physical punishement, abuse)

That's another argument against all forms of punishment.

3. Look at the generation where physical education was still prevalant. Did they do better than the generation after '68??

Not only is that irrelevant to anything it's also impossible to quantify in any way.

Ok, I've been severely misunderstood here. Of course violating one person's rights for the greater good is immoral. I never meant to imply that it wasn't. I don't see how it follows from my argument either.

You're quite right. You didn't imply it - nor should it be inferred. However you invoked "society" and "the greater good". Improving society is absolutely not a consideration in the nature of rights or responsibilities. They exist independent of society of any kind. In fact the only influence that any society (meaning "more than one person acting together") should have on rights is the collective protection of them - society exists to serve rights, not the other way around.

If the government or whatever power can take away the right of a person at will without prior violations by that person, then that person never really had rights in the first place.

Specious. Rights are not a subjective concept. Legislation is. Legislation can easily ignore rights, but that has no effect on the existence of them.

My problem is not with people's rights being forfeited when they violate someone else's rights, but with what we actually do afterwards. "Punishing" those who violate rights is irrelevant to stopping the rights from being violated again by that person.

Not really. Punishing them by imprisoning them stops them violating rights of anyone except those also imprisoned for violating rights and forfeiting their own.

The reason you "give the knife back" is not to punish the person but to stop him from killing you.

What if I choose to give it back to him point first in a deliberate, non-fatal blow which paralyses him the rest of his life. He doesn't die (no offence against the fundamental right) but the remainder of his existence is both torture and punishment.

After re-reading some posts here I think we are mistaking torture with physical punishment. If not mistaking, we are at least talking of both as if they were the same.

To be clear, I'm totally against both. But they are completely different realities.

Torture isn't a punishment for a crime that has been committed. Torture is inflicted upon anyone that knows something you need to know and won't tell it voluntarily.

Unless, of course, "torture" has a different meaning in English and applies to both realities.

They can be the same thing. Torture is not always the use of specific discomfort to coerce information.
 
It can't be moral to harm someone if not for the purpose of improving society. It can't be moral to cause misery without removing other misery from the world by doing so.
Utilitarianism, which is what you just described ("the ends justify the means", or "for the greater good") is not moral. The natural rights of humans apply on an individual basis, not a group basis. If you harm one person for the benefit of any number of other people, you have committed an immoral act. You have violated at least one of that person's three inalienable rights.
 
The natural rights of humans...

Do not exist. We are nothing more than another animal being hurled through space. All anyone that describes "human rights" is doing is saying their opinion, meaning there is nothing concrete that proves their existence or validity.

Morality, or morals, is also subjective, so what one person says is immoral does not mean it is immoral. Unless there is a way to axiomatically prove it.
 
Could be to stop them from killing others. This person has demonstrated a fundamental lack of recognition of the rights of others - and/or a refusal to observe those rights. What to do with him once he has forfeited his rights is society's choice (provided that the response is proportionate). But executing someone who has chosen to murder is a proportionate and justifiable response. That doesn't mean we HAVE to, it doesn't even mean it's a good idea (there's a standard of proof argument that suggests it isn't), but it does mean that it's a legitimate response that does not violate human rights.
I can accept this. Torture as a response to torture does not violate human rights, but if it does not have any benefit to do so, I cannot consider it the moral action to take.


You're quite right. You didn't imply it - nor should it be inferred. However you invoked "society" and "the greater good". Improving society is absolutely not a consideration in the nature of rights or responsibilities. They exist independent of society of any kind. In fact the only influence that any society (meaning "more than one person acting together") should have on rights is the collective protection of them - society exists to serve rights, not the other way around.
I'm not totally sure that's fact. Would you mind explaining why these human rights exist if not for bettering the world? Who determined that we have them and how can that be proven objectively?

Utilitarianism, which is what you just described ("the ends justify the means", or "for the greater good") is not moral. The natural rights of humans apply on an individual basis, not a group basis. If you harm one person for the benefit of any number of other people, you have committed an immoral act. You have violated at least one of that person's three inalienable rights.
I agree. Violating a person's rights for the greater good is immoral. What I'm saying is that taking advantage of a person's forfeited rights without intending any benefit to the greater good is also immoral. Just because punishing someone must have benefits to be moral doesn't mean all violations that benefit others are moral. It only means punishment should be avoided if it doesn't have positive effects, not that it should be used if it could have positive effects. Remember, I was arguing that torture was unnecessary, not that we should torture people to help others.
 
I can accept this. Torture as a response to torture does not violate human rights, but if it does not have any benefit to do so, I cannot consider it the moral action to take.

That's generally fine, except that I wonder what basis you have for considering an action moral? Before I condemn someone's actions as immoral, I need to see rights violations. I suppose you could have a moral standard that is beyond rights violations, but without an objective basis, I don't see how you can claim that anyone else should adhere to your sense of morality. And with an objective basis it could be argued to simply be a right.

You see the predicament.
 
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