This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures when necessary to avoid greater harm. Then, I set forth arguments against torture, even in the case of the “ticking bomb” scenario. In conclusion, I argue that, even though international and human rights law explicitly forbid torture under any circumstances, there are instances where torture may be warranted and acceptable in terrorism cases.
{"title":"Is Torture Justified in Terrorism Cases?: Comparing U.S. And European Views","authors":"Stephen P. Hoffman","doi":"10.2139/SSRN.2041556","DOIUrl":"https://doi.org/10.2139/SSRN.2041556","url":null,"abstract":"This essay discusses issues of torture and some of the philosophical underpinnings. First, I define torture as it is used in international and human rights law. Then, I discuss three primary theories of torture: deontology, consequentialism, and threshold deontology. After setting this groundwork, I introduce particular issues in terrorism cases such as the “ticking bomb” scenario, which is often used to argue that torture may be appropriate and possibly required when done to save many lives. This invariably must include a discussion of the necessity doctrine, the legal doctrine allowing an individual to take extraordinary — even illegal — measures when necessary to avoid greater harm. Then, I set forth arguments against torture, even in the case of the “ticking bomb” scenario. In conclusion, I argue that, even though international and human rights law explicitly forbid torture under any circumstances, there are instances where torture may be warranted and acceptable in terrorism cases.","PeriodicalId":82183,"journal":{"name":"Northern Illinois University law review","volume":"45 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2012-04-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91103421","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
States have adopted unusual and sometimes arguably inapt use of criminal laws to prosecute pregnant drug-using women for harm caused to their newborns. Convictions under common law and codified crimes have been won from juries and courts sympathetic to the goals of the state to protect the unborn. Such state actions are not only sexist and racist, but unfairly punish a victim who likely suffers from serious mental illness and life-threatening physical addictions. Moreover, limiting such crimes only to those who use illegal drugs, rather than women whose children are stillborn or damaged because of the women’s alcohol or food addictions, or the inability to leave physically abusive relationships, poverty or other life-style measures, illustrates the irrationality of such prosecutions.
{"title":"Addicted pregnancy as a sex crime.","authors":"Lorraine A. Schmall","doi":"10.2139/SSRN.1747331","DOIUrl":"https://doi.org/10.2139/SSRN.1747331","url":null,"abstract":"States have adopted unusual and sometimes arguably inapt use of criminal laws to prosecute pregnant drug-using women for harm caused to their newborns. Convictions under common law and codified crimes have been won from juries and courts sympathetic to the goals of the state to protect the unborn. Such state actions are not only sexist and racist, but unfairly punish a victim who likely suffers from serious mental illness and life-threatening physical addictions. Moreover, limiting such crimes only to those who use illegal drugs, rather than women whose children are stillborn or damaged because of the women’s alcohol or food addictions, or the inability to leave physically abusive relationships, poverty or other life-style measures, illustrates the irrationality of such prosecutions.","PeriodicalId":82183,"journal":{"name":"Northern Illinois University law review","volume":"13 2 1","pages":"263-334"},"PeriodicalIF":0.0,"publicationDate":"1993-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"67731951","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Lincoln Day by Day: A Chronology, 1809-1865, Volume II: 1849-1860","authors":"E. S. Miers, William E. Baringer","doi":"10.2307/1843481","DOIUrl":"https://doi.org/10.2307/1843481","url":null,"abstract":"","PeriodicalId":82183,"journal":{"name":"Northern Illinois University law review","volume":"13 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1988-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75746616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Personal Recollections of Early Decatur, Abraham Lincoln, Richard J. Oglesby and the Civil War","authors":"Jane Martin Johns","doi":"10.2307/1894981","DOIUrl":"https://doi.org/10.2307/1894981","url":null,"abstract":"","PeriodicalId":82183,"journal":{"name":"Northern Illinois University law review","volume":"57 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80084282","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：