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Law & Morality 3600:327: Group 7

Group 7 Bibliography

Is State Torture Ever Morally Justified?

ACKLAND, RICHARD. "State-Sanctioned Torture can Never be Justified." Sydney Morning Herald, The (2013): 24.
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; What with all the distractions from Canberra many important things have sailed by, relatively unnoticed: a High Court decision striking down the Australian Crime Commission's power to interrogate accused people before trial, a report from the NSW Police Integrity Commission recommending perjury charges against officers involved in the death of Adam Salter, and the fate of whales at the International Court of Justice.

Arrigo, Jean Maria. "A Utilitarian Argument Against Torture Interrogation of Terrorists." Science and Engineering Ethics 10.3 (2004): 543-72.
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Following the September 2001 terrorist attacks on the United States, much support for torture interrogation of terrorists has emerged in the public forum, largely based on the "ticking bomb" scenario. Although deontological and virtue ethics provide incisive arguments against torture, they do not speak directly to scientists and government officials responsible for national security in a utilitarian framework. Drawing from criminology, organizational theory, social psychology, the historical record, and my interviews with military professionals, I assess the potential of an official U.S. program of torture interrogation from a practical perspective. The central element of program design is a sound causal model relating input to output. I explore three principal models of how torture interrogation leads to truth: the animal instinct model, the cognitive failure model, and the data processing model. These models show why torture interrogation fails overall as a counterterrorist tactic. They also expose the processes that lead from a precision torture interrogation program to breakdowns in key institutions-health care, biomedical research, police, judiciary, and military. The breakdowns evolve from institutional dynamics that are independent of the original moral rationale. The counterargument, of course, is that in a society destroyed by terrorism there will be nothing to repair. That is why the actual causal mechanism of torture interrogation in curtailing terrorism must be elucidated by utilitarians rather than presumed;.

Biggar, Nigel. "Individual Rights Versus Common Security? Christian Moral Reasoning about Torture." Studies in Christian Ethics 27.1 (2014): 3.
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Should a Christian ethic endorse an individual’s right against torture? If so, how should its reasoning take into account considerations of common security? To answer these questions, this article first compares the early Christian ‘just war’ tradition’s pre-liberal reasoning about the ethics of harming with that of the liberal philosopher, David Rodin. It then deploys the fruits of this comparison—especially the contingency of a right against harm (partly upon social obligation), and the distinction between natural moral rights and positive legal ones—in an examination of what makes torture wrong and when. Dissenting from the views of Jeremy Waldron and Jean Porter, the article concludes that a positive legal right against torture and aggressive interrogation should be granted—even though morally right cases of the latter might occur. ABSTRACT FROM PUBLISHER]; Copyright of Studies in Christian Ethics is the property of Sage Publications, Ltd. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Davis, Michael. "Torture, Terror, and War: Justifying Exceptions to Ordinary Moral Decency." Journal of Military Ethics 11.3 (2012): 264.
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The article reviews the books "Ethics for Enemies: Terror, Torture and War," by F. M. Kamm and "Terrorism, Ticking Time-Bombs, and Torture," by Fritz Allhoff.

Evinger, B., and Cheryl Bourassa. "Counterpoint: Using Torture is Illegal and Never Justified." Points of View: Torture (2014): 3.
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The article argues that the use of torture is illegal and should never be justified. It opposes the views of torturers that torture is effective in extreme cases. It claims that there are evidence that show the ineffectiveness of torture as a means of extracting pertinent information from a suspect. Moreover, the article notes that torture does extract information, but such information are mostly false.

Gordon, Rebecca. Mainstreaming Torture : Ethical Approaches in the Post-9/11 United States / Rebecca Gordon. New York, NY : Oxford University Press, 2014], 2014.
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Describing the problem -- Torture in the conduct of the ''War on terror'' -- The current discussion -- A different approach: virtue ethics -- Considering torture as a (false) practice -- Goods and virtues -- Conclusion: What is to be done?.

---. Mainstreaming Torture: Ethical Approaches in the Post-9/11 United States. Oxford University Press, 2014.
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The terrorist attacks of September 11, 2001 reopened what many people in this country had long assumed was a settled ethical question, that is, whether torture is morally permissible. This book argues that 9/11 did not “change everything” and that institutionalized state torture is as wrong today as it was on the day before those terrible attacks. U.S. involvement in torture did undergo a change after 9/11, specifically a shift away from covert training and support for other regimes that practice torture and toward a direct and quasi-overt use of torture, by many agencies including the CIA, from Abu Ghraib to Guantánamo. Utilitarian and deontological arguments, which treat torture as isolated actions, do not provide sufficient theoretical purchase on the ethics of torture. However, an examination of both the academic literature and the editorials of two national newspapers demonstrates that most contemporary arguments do treat torture as an episodic phenomenon, rather than as a socially embedded practice. A virtue ethics approach to torture is proposed, based in part on the work of philosopher Alasdair MacIntyre. An examination of torture’s effect on the four cardinal virtues—courage, temperance, justice, and prudence or practical reason— together with the Christian graces (faith, hope, and love) suggests specific ways in which each of these is deformed. The conclusion is drawn that dismantling the practice of torture in the United States must begin with an accounting of what has been done and calling to account those who have done it in the name of national security.

Kamm, F. M. "Ethics for Enemies: Terror, Torture, and War." Journal of Military Ethics 11.3 (2012): 264-7.
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Kamm, F. M. Ethics for Enemies : Terror, Torture, and War / F.M. Kamm, Harvard University. Oxford : Oxford University Press, 2013, 2013.
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Torture : during and after action -- Terrorism and intending evil -- Reasons for starting war : goals, conditions, and proportionality.

Lauritzen, Paul. The Ethics of Interrogation : Professional Responsibility in an Age of Terror / Paul Lauritzen. Washington, D.C. : Georgetown University Press, c2013, 2013.
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If you can't oppose torture, what can you oppose? Psychologists confront coercive interrogations -- What's wrong with supporting national security? psychology and the -- Pursuit of national security -- Interrogating justic e: the "torture" memos and the office of legal counsel -- Ticking bombs and dirty hands: coercive interrogation and the rule of law -- Treating terrorists : the conflicting pull of role responsibility -- Discipline and punish : the importance of professional accountability -- Professional responsibility and the virtuous professional -- The day they enter active service : the military conscience -- Lessons learned : dignity and the rule of law -- This we do not do : the future of interrogation and the ethics of professional responsibility.

Moghaddam, Fathali M. "Interrogation Policy and American Psychology in the Global Context." Peace & Conflict 13.4 (2007): 437-43.
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Rather than the ethics or efficacy of torture interrogation, this article explores the wider sociopolitical context in which torture takes place, with particular focus on the global role of American psychology. Psychological research, such as on displacement of aggression, suggests that torture might be undertaken for reasons other than information gathering. American psychologists enjoy relatively greater freedom to explore the wider psycho-political role of torture interrogation associated with group and intergroup dynamics. Because of their "first" world status as the sole superpower of psychology in the post-World War II era, American psychologists can, in important ways, influence psychologists in the "second" and "third" worlds of psychology through the position they adopt on torture interrogation. ABSTRACT FROM AUTHOR]; Copyright of Peace & Conflict is the property of American Psychological Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.).

Newbery, Samantha, et al. "Interrogation, Intelligence and the Issue of Human Rights." Intelligence & National Security 24.5 (2009): 631.
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The article discusses issues regarding the use of torture and interrogation techniques that infringe on human rights in the process of intelligence gathering. Mistreatment of prisoners and suspected members of the Irish Republican Army (IRA) arrested in Northern Ireland led to protests against the British government. A report created by the British Ministry of Defence (MOD) promoted the use of interrogation techniques, such as sleep deprivation, the use of noise and hooding, due to their alleged success in gaining information about IRA members and activities. The ethics of using torture to obtain information that may have been collected through other means is discussed. The use of similar interrogation techniques by U.S. forces to prevent terrorism is noted.

Roberts, Dorothy. "Torture and the Biopolitics of Race." University of Miami Law Review 62.2 (2008): 229.
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An essay is presented that explores the past and contemporary uses of torture in the U.S. to reinforce domestic and global racial hierarchy. It discusses how state-sanctioned torture of foreign detainees and African Americans supports U.S. imperialism abroad and preserves white supremacy. It demonstrates how the legal structure built by President George W. Bush to shield torture justified racism against Africans and Asians. It examines the link between the normalization of torture and scientific and commercial interest in genetic differences among races.

Scheuerman, William E. "Torture and the New Paradigm of Warfare." Constellations: An International Journal of Critical & Democratic Theory 15.4 (2008): 561-75.
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This article discusses the acceptance of the use of torture as a tactic of war by the administration of U.S. President George W. Bush and the American public. The U.S. government has condoned torture against individuals detained as criminals during the War on Terrorism. A poll of American citizens conducted in 2005 found that 36 percent of respondents believed that torture could never be justified, as compared to more than fifty percent of respondents in countries including Canada, Germany, and Great Britain.

Steinhoff, Uwe. On the Ethics of Torture / Uwe Steinhoff. Albany N.Y.] : State Universtiy of New York Press, c2013, 2013.
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What is torture? -- The moral justification of torture. The argument from self-defense ; The argument from the culpability for creating a forced-choice situation ; The argument from necessity ; Reminder : the justification of torture is compatible with rights absolutism -- The utilitarian argument -- Defusing the ticking-social-bomb argument : against consequentialist attempts to undermine the right to self-defensive torture -- Against the institutionalization of torture -- Legalizing torture? -- Objections. Attempts to quickly dismiss the argument from self-defense and other rights-based arguments ; The defenselessness argument ; But is it really self-defense? : Whitley Kaufman and Daniel Hill ; David Sussman's complicity argument ; Kant's categorical imperative : the three Kantian formulas ; "Breaking the will" (and "dignity", "subject status", and "self-legislative rulership") ; Torture and the doctrine of double effect ; Is the ticking-bomb example unrealistic? ; "Torture knows no limits" -- Is justifying torture bad even if torture is sometimes justified?.

The, Associated Press. WMU Philosopher Takes Look at Ethics of Torture. The Associated Press, 2012.
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; KALAMAZOO, Mich. (AP) A Western Michigan University philosophy professor's new book looks at the use of torture and concludes it's hard to rule out its use in all circumstances. Fritz Allhoff is the author of "Terrorism, Ticking Time Bombs and Torture: A Philosophical Analysis." It's a publication of the University of Chicago Press. ABSTRACT FROM PUBLISHER].