Why are we so squeamish about torture? More specifically, why do we think that torturing someone is worse than killing him?
My evidence that we do in fact think this is that there has been so much controversy over whether the government ever has the right to torture people, but there has been very little controversy over whether the government has the right, at least sometimes, to kill people. To make it more personal, as a non-pacifist I think that there are some cases, however rare, where the use of lethal force is justified. But I am very hesitant to admit that it would ever be okay to use torture. Why?
One possible answer is that we only kill when the stakes are extremely high, and that the stakes are never that high in situations where we might be tempted to resort to torture. But this seems clearly false; just consider the “ticking time bomb” scenario where people are going to die unless you find out where the bomb is. Those stakes are just as high as some cases where we think killing is permissible.
Maybe the difference lies in the fact that we only think it’s okay to kill an actual aggressor whereas it’s sometimes suggested that innocent people might be tortured to provide life-saving information. Okay, but let’s stipulate for the sake of argument that candidates for torture are only those directly complicit in the act of aggression we’re seeking to prevent (e.g. the ticking bomb).
It has been suggested that what makes torture wrong is that it dehumanizes its victims. For instance, Jonathan Schell says:
Torture is wrong because it inflicts unspeakable pain upon the body of a fellow human being who is entirely at our mercy. The tortured person is bound and helpless. The torturer stands over him with his instruments. There is no question of “unilateral disarmament,” because the victim bears no arms, lacking even the use of the two arms he was born with. The inequality is total. To abuse or kill a person in such a circumstance is as radical a denial of common humanity as is possible.
The implication, it seems to me, is that killing on the battlefield is less wrong because the other guy can at least shoot back! But then again, torture doesn’t necessarily (or even usually) lead to death, and isn’t death a greater harm? Don’t I deny someone else’s humanity in an even more radical way by literally reducing him to a thing (permanently)? Is it worse to torture a helpless person than to kill someone who can fight back?
It may be that someone who is an immediate threat (coming at me on the battlefield) seems more dangerous than someone I have tied up in a chair in front of me. But what if that person has planted a bomb that stands to kill hundereds of people? Then, despite his apparent helplessness, isn’t he just as much of a threat?
I don’t know what the right answer is here. It may be that I’m wrong about our moral intuitions and most people really don’t think torture is worse than killing. But if so, why do we countenance the latter fairly casually but not the former? Or maybe we just think it would be foolish to trust the government with the power to torture? But we trust it with the power to kill, and so we’re back to the question why torture is more dangerous.
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