Finn dAbuzz
 
  1  
Reply Thu 3 Jan, 2008 09:28 pm
Cycloptichorn wrote:
Ticomaya wrote:
Cycloptichorn wrote:
Tico wrote:
As far as I'm concerned, if waterboarding an individual can save the lives of thousands of innocents, it's justified, and I've not heard a compelling argument to sway me from that opinion.


Here's one: the ends never justify the means. Actions should be justifiable without relying on theoretical or possible results.

Cycloptichorn


We've had this discussion before, Cyclops. You could say I am a bit more utilitarian than you on this issue. In short, I believe that if "torturing" one person has the potential of saving millions of lives, I would do it. You would not.


It's important to note that the situation isn't what you describe. We didn't and don't torture people to stop, say, an imminent nuclear explosion. The 'millions of people' line is a false canard.

Would it be okay to torture someone to save one life? What if it would save someone's limb from being cut off? What if it would just keep them from having some emotional trauma? Why would it be okay in one instance, but not in another? What criteria do you use to draw the line?

Given: we never know what the eventual consequences of our actions will be. Before someone is waterboarded, we don't know if they will tell us something which will save lives or not. How can we morally justify inherently evil actions which might lead to some potential good somewhere down the line?

The answer is that it cannot be justified. No court or jury alive would accept the argument you are putting forward, and you know it. This is why the evidence was destroyed; most people agree that potential ends never justify actual means. And it isn't a question of utilitarianism, either; outside of Republican 24 wet-dreams, there's no evidence that torture provides good and actionable information. It's more that you don't have a problem with torturing people.

Cycloptichorn


"False canard" is redundant, isn't it?

In any case for those who believe water-boarding and torture can be justified, there isn't a magic number of lives saved that makes it OK.

The question tends to be is there reasonable certainty that the person being interrogated does possess the information needed to save one or a million innocent lives.

Clearly this is a tough question because we've gotten it wrong plenty of times when it comes to capital punishment.

The problem I tend to have with the opponents of waterboarding and torture is that they come at their position through a certain sense of moral superiority.

I am much more sympathetic to the argument that the State can never be trusted with the power to kill or torture its citizens rather than the use of capital punishment or torture is immoral.

If I knew with certainty that an individual had information that meant either life or death for a single individual, and they refused to provide that information, there would be no moral dilemma for me in employing whatever means necessary to secure that information. The innocent should never be sacrificed because of some pseudo moral construct.

But of course, the question is how certain can I be that I am not inflicting pain or death upon an equally innocent individual?

This is where the issue moves from the high-handed claims of absolute morality to a murkier, more difficult equation.

Is the upside of saving thousands or millions so much greater than saving an individual that the degree of certainty required fluctuates?

What if the individual is your child or wife?

I think cyclo once suggested he would not countenance torture even if his daughter's life was at stake. Perhaps, but somehow I doubt it.

Again, I contend that those who insist upon an absolute ban of torture bear some measure of responsibility for the deaths of one, one thousand, or one million innocents when it is not employed and the saving information is never obtained.

To argue otherwise is to lay claim to some sanctimonious perch upon which you can sit and enjoy the false smugness of moral certitude.

There is a perception that moral choices can be easy and without anything but the positive consequences of heroics. I'm not sure that is the case.

You see a baby lying in the road. While the altruistic choice is obviously to rush out and save it, is this clearly the moral choice? Is self-sacrifice an axiomatic element of morality? What if by rushing out into the street you cause a car to swerve and hit the baby? Are you morally sound despite the death of the baby? What if you rush out into the street and are hit by a car and killed? Assuming the actions that lead to your death also lead to saving the child, is the impact of your death on numerous other innocents immaterial?

In a case like this we don't have a lot of time to contemplate the morality of the issue and we tend to act out of instinctual altruism (we rush in) or instinctual fear (we hold back), but in the case of employing torture, we have the time to reason with the circumstances.

Unless you have rather extreme beliefs in relation to most of your fellow citizens, killing and torture cannot be inherently evil if they can ever be justified.

You have extra-ordinary beliefs if you are of a mind that given the ability to defend yourself, you should lay down your life before an attacker rather than harm or kill him. Most people, and the law, accept that in such a case it is not immoral, illegal or inherently evil to do harm, and even kill your attacker.

It's interesting and odd that some should consider a practice which falls short of death more reprehensible and less justifiable than killing. It is quite a good thing that many (if not most) of us find it repugnant to inflict pain, but that is a greater ill than inflicting death?

For far too many people this whole issue is primarily based on political passions: I hate Bush; Bush allows torture, I hate torture!

No less a Democrat than Bill Clinton has made a case for torture under the extreme circumstances Tico and I have described. Is he inherently evil?

Now to the true canards about the use of torture:

1) It doesn't work!

Nonsense. It is not an unfailing mechanism, but it can and does work. If your argument is all about morality, who cares whether or not it works? Gilding the Lily it seems.

2) If we use torture, our enemies will use torture.

Perhaps, if our enemies were civilized, democratic nations, and even then shouldn't we expect the majority of them to hold firm to the morals we have discarded?

The enemies we currently face have no use for the obscene Rules of War, and they will torture our people irrespective of whether or not we torture theirs.

Another attempt at a practical argument against torture (see #1) but it falls apart rather quickly.

I more than welcome debate on this issue from a perspective that is contrary to my own, but not that which rides on a pillow of sanctimonious superiority stuffed up my opponent's ass.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 3 Jan, 2008 09:44 pm
Quote:

I think cyclo once suggested he would not countenance torture even if his daughter's life was at stake. Perhaps, but somehow I doubt it.


You misunderstand, sir.

I might do it - when faced with emotional pressure, one's mores tend to break down quickly. I'm not a super-moral man who sits on a perch, as you say.

But I would understand when I was tried and convicted for doing so afterwards. I wouldn't pretend that my personal situation was an excuse for immoral actions, and I would accept my punishment accordingly.

It is entirely possible that an investigator, judge or jury of some type could decide that my situation provided extenuating circumstances, and not punish me, and I have no doubt that I would be grateful for that decision.

That doesn't mean that I believe torture should be legal, or a policy, or a practice commonly used. I believe that I would be participating in an immoral act by engaging or sanctioning torture and it should be illegal.

Cycloptichorn
0 Replies
 
parados
 
  1  
Reply Thu 3 Jan, 2008 09:50 pm
Quote:
The problem I tend to have with the opponents of waterboarding and torture is that they come at their position through a certain sense of moral superiority.


It could just be that opponents of torture have a certain sense of legal superiority. After all it IS against the law.
0 Replies
 
Finn dAbuzz
 
  1  
Reply Thu 3 Jan, 2008 10:12 pm
parados wrote:
Quote:
The problem I tend to have with the opponents of waterboarding and torture is that they come at their position through a certain sense of moral superiority.


It could just be that opponents of torture have a certain sense of legal superiority. After all it IS against the law.


Could be, but we all know that's not the case.
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 3 Jan, 2008 10:14 pm
Hell, I'll say it - I believe that being against the practice of torture is a morally superior position.

Cycloptichorn
0 Replies
 
Finn dAbuzz
 
  1  
Reply Thu 3 Jan, 2008 10:24 pm
Cycloptichorn wrote:
Quote:

I think cyclo once suggested he would not countenance torture even if his daughter's life was at stake. Perhaps, but somehow I doubt it.


You misunderstand, sir.

I might do it - when faced with emotional pressure, one's mores tend to break down quickly. I'm not a super-moral man who sits on a perch, as you say.

Understandable, however I do recall you arguing you would not.

But I would understand when I was tried and convicted for doing so afterwards. I wouldn't pretend that my personal situation was an excuse for immoral actions, and I would accept my punishment accordingly.

Perhaps, perhaps not. If the emotional pressure of your daughter's peril could break down your mores, perhaps the emotional pressure of your spending the rest of your life in jail might do so as well. Tough to say for certain.

It is entirely possible that an investigator, judge or jury of some type could decide that my situation provided extenuating circumstances, and not punish me, and I have no doubt that I would be grateful for that decision.

Doesn't this represent a flaw in your morality or your character? You did it because of understandable emotional pressures but you think it was, never-the-less, wrong. You claim that you would accept your punishment for a crime you acknowledged you committed. And yet if you are lucky enough to have people like Tico and I on your jury you would be grateful that our interpretation of the circumstances, and not yours ruled the day. All this despite the fact that you are now vehemently arguing agaisnt our interpretation. Seems messy morals to me.

That doesn't mean that I believe torture should be legal, or a policy, or a practice commonly used. I believe that I would be participating in an immoral act by engaging or sanctioning torture and it should be illegal.

But you would be grateful if Philistines like Tico and I were sitting in judgment of you. I appreciate that you are honest enough to admit that you would be grateful for getting off, but it is clear that you fail to see how this shreds your entire argument concerning morality.



Cycloptichorn
0 Replies
 
Cycloptichorn
 
  1  
Reply Thu 3 Jan, 2008 10:46 pm
Quote:

Doesn't this represent a flaw in your morality or your character? You did it because of understandable emotional pressures but you think it was, never-the-less, wrong. You claim that you would accept your punishment for a crime you acknowledged you committed. And yet if you are lucky enough to have people like Tico and I on your jury you would be grateful that our interpretation of the circumstances, and not yours ruled the day. All this despite the fact that you are now vehemently arguing agaisnt our interpretation. Seems messy morals to me.


As I've said, I'm not on some high moral perch. If someone in my family was going to be killed, and I tortured someone, or countenanced it, and it saved their life; it would be ridiculous to think that I would be so morally committed to torture, that I wouldn't be at least somewhat grateful that I got to spend time with them instead of being locked in jail.

Still wouldn't make it right, still wouldn't make me morally right for having done it. I would still bear the stain until my dying day, and according to many, far beyond.

Correct me if I'm wrong, but in the instances that have been under discussion lately, we weren't talking about people's family members being in imminent danger, or some other stupid 24 plot that you guys just can't seem to get away from. But captives who are being tortured for whatever information they might have. Your position (Tico's as well) is that this shouldn't be illegal. This has nothing to do with the proposed situation having to do with my family at all, as we are not talking about imminent emotional danger, but potential, maybe, somethings...

Cycloptichorn
0 Replies
 
engineer
 
  1  
Reply Fri 4 Jan, 2008 07:59 am
Finn dAbuzz wrote:
In any case for those who believe water-boarding and torture can be justified, there isn't a magic number of lives saved that makes it OK.

The question tends to be is there reasonable certainty that the person being interrogated does possess the information needed to save one or a million innocent lives.

Clearly this is a tough question because we've gotten it wrong plenty of times when it comes to capital punishment.

The problem I tend to have with the opponents of waterboarding and torture is that they come at their position through a certain sense of moral superiority.

I am much more sympathetic to the argument that the State can never be trusted with the power to kill or torture its citizens rather than the use of capital punishment or torture is immoral.

If I knew with certainty that an individual had information that meant either life or death for a single individual, and they refused to provide that information, there would be no moral dilemma for me in employing whatever means necessary to secure that information. The innocent should never be sacrificed because of some pseudo moral construct.

But of course, the question is how certain can I be that I am not inflicting pain or death upon an equally innocent individual?

This is where the issue moves from the high-handed claims of absolute morality to a murkier, more difficult equation.

Is the upside of saving thousands or millions so much greater than saving an individual that the degree of certainty required fluctuates?

What if the individual is your child or wife?

I think cyclo once suggested he would not countenance torture even if his daughter's life was at stake. Perhaps, but somehow I doubt it.

Again, I contend that those who insist upon an absolute ban of torture bear some measure of responsibility for the deaths of one, one thousand, or one million innocents when it is not employed and the saving information is never obtained.

To argue otherwise is to lay claim to some sanctimonious perch upon which you can sit and enjoy the false smugness of moral certitude.

There is a perception that moral choices can be easy and without anything but the positive consequences of heroics. I'm not sure that is the case.

You see a baby lying in the road. While the altruistic choice is obviously to rush out and save it, is this clearly the moral choice? Is self-sacrifice an axiomatic element of morality? What if by rushing out into the street you cause a car to swerve and hit the baby? Are you morally sound despite the death of the baby? What if you rush out into the street and are hit by a car and killed? Assuming the actions that lead to your death also lead to saving the child, is the impact of your death on numerous other innocents immaterial?

In a case like this we don't have a lot of time to contemplate the morality of the issue and we tend to act out of instinctual altruism (we rush in) or instinctual fear (we hold back), but in the case of employing torture, we have the time to reason with the circumstances.

Unless you have rather extreme beliefs in relation to most of your fellow citizens, killing and torture cannot be inherently evil if they can ever be justified.

You have extra-ordinary beliefs if you are of a mind that given the ability to defend yourself, you should lay down your life before an attacker rather than harm or kill him. Most people, and the law, accept that in such a case it is not immoral, illegal or inherently evil to do harm, and even kill your attacker.

It's interesting and odd that some should consider a practice which falls short of death more reprehensible and less justifiable than killing. It is quite a good thing that many (if not most) of us find it repugnant to inflict pain, but that is a greater ill than inflicting death?

For far too many people this whole issue is primarily based on political passions: I hate Bush; Bush allows torture, I hate torture!

No less a Democrat than Bill Clinton has made a case for torture under the extreme circumstances Tico and I have described. Is he inherently evil?

Now to the true canards about the use of torture:

1) It doesn't work!

Nonsense. It is not an unfailing mechanism, but it can and does work. If your argument is all about morality, who cares whether or not it works? Gilding the Lily it seems.

2) If we use torture, our enemies will use torture.

Perhaps, if our enemies were civilized, democratic nations, and even then shouldn't we expect the majority of them to hold firm to the morals we have discarded?

The enemies we currently face have no use for the obscene Rules of War, and they will torture our people irrespective of whether or not we torture theirs.

Another attempt at a practical argument against torture (see #1) but it falls apart rather quickly.

I more than welcome debate on this issue from a perspective that is contrary to my own, but not that which rides on a pillow of sanctimonious superiority stuffed up my opponent's ass.

You made virtually this same post before. Here was my response from before.

engineer wrote:
I have clearly stated my position that torture, including waterboarding, is never acceptable. I've invited others to do the same, but only you have stepped forward and stated your position, in this case that water boarding is not torture. I disagree since the US has defined it as torture for over a century, but I respect your opinion and applaud your willingness to state that. Many here avoid making that declaration.

I believe that if you approve of these techniques, you will torture thousands of mostly innocent people to get little of use, you will lose the cooperation of millions of people who would otherwise be sympathetic to your cause and you would provide propaganda material to our enemies that would allow them to recruit and become a bigger threat to us than they are today. That is the price you pay up front to keep torture in your arsenal against the very slim chance that torture could prevent a catastrophe. I believe we are paying that price today and that it has hurt our efforts against terrorism rather than help them.

I also disagree that those who disapprove of torture "accept some measure of a burden uniquely theirs". This is the logic of the bully and the criminal. "If you don't do as I say, it is your fault that I am bad!" Sorry, I disagree. The US bears no fault for 9/11. We have certainly pursued policies that were not favorable to certain groups or regions, but the crime of 9/11 is the full responsibility of those who planned and executed it. It wasn't the FBI's or CIA's fault, not local police, not airlines, just the terrorists. Likewise, any blame for future attacks fall upon those who commit them rather than those who call for humane treatment of prisoners.

While I do feel that this position is morally superior to those who feel that the ends justify the means with respect to torture, it also comes from a long term view of the impact of our actions. If your son or daughter is falsely hauled in based on a tip from a neighbor and tortured, my thought is that you would not say "Oh well, he or she took one for the betterment of man-kind and it was an innocent mistake." I think you would instead say "I hate the US, will do everything in my power to fight against their interests, will never trust their motives or citizens and will train all future generations to have the same beliefs." I believe we will see tangible costs to our torture policy for the rest of my lifetime. I haven't seen any evidence of a benefit to match that cost.
0 Replies
 
parados
 
  1  
Reply Fri 4 Jan, 2008 08:15 am
Finn dAbuzz wrote:
parados wrote:
Quote:
The problem I tend to have with the opponents of waterboarding and torture is that they come at their position through a certain sense of moral superiority.


It could just be that opponents of torture have a certain sense of legal superiority. After all it IS against the law.


Could be, but we all know that's not the case.


1. The International Convention against Torture bans torture.
http://www.hrweb.org/legal/cat.html
2. The US is a party to that treaty. It was ratified in 1994.
3. International treaties that the US have entered into have the force of law in the US. http://caselaw.lp.findlaw.com/data/constitution/article02/10.html

I know of no precedent that allows you to claim torture is NOT against the law in the US. In fact when the US ratified the treaty, they said the following... "Torture is illegal within the United States and is illegal if practised by American military personnel anywhere at any time."
http://en.wikipedia.org/wiki/United_Nations_Convention_Against_Torture

Please present your case that "torture" is not illegal if you have any case at all.
0 Replies
 
Ticomaya
 
  1  
Reply Fri 4 Jan, 2008 01:07 pm
The distinction being parsed is as to waterboarding as opposed to torture. Do you have any citations to laws proscribing the specific CIA "enhanced interrogation technique" of waterboarding, parados?

Or were you just addressing the "torture" portion of Finn's comment?
0 Replies
 
maporsche
 
  1  
Reply Fri 4 Jan, 2008 01:14 pm
Just because individual people on this board may result to torture does not mean that the government should endorse torture.

People are fickle and only act with their own desires and intentions in mind.

The government should be resolute and acting on behalf of the entire nation.



I hope that I would have the resolve to NOT torture someone that was holding my wife/child, even if it meant their death. To engage in that sort of behavior would bring me down to a sub-human level that I would not want to crawl back from even if it meant the death of a loved one.
0 Replies
 
Diest TKO
 
  1  
Reply Fri 4 Jan, 2008 01:50 pm
So tico are you claiming that the distinction offered between "torture" and "enhanced interogation techniques" is valid? Sopprt that argument with some sort of fact please.

Sounds like a pink pistol to me. Cute, but ultimately it does the same thing.

T
K
O
0 Replies
 
engineer
 
  1  
Reply Fri 4 Jan, 2008 02:04 pm
Ticomaya wrote:
The distinction being parsed is as to waterboarding as opposed to torture. Do you have any citations to laws proscribing the specific CIA "enhanced interrogation technique" of waterboarding, parados?

Or were you just addressing the "torture" portion of Finn's comment?

The US has court martialed it's own soldiers for water boarding as early as 1898. We convicted Japanese soldiers of it after WWII and there have even been cases of US law enforcement officials convicted for it. Here's a nice summary link. The US has for over 100 years considered waterboarding to be torture.
0 Replies
 
parados
 
  1  
Reply Fri 4 Jan, 2008 02:42 pm
I am curious if the fear of immediate death isn't severe mental pain and suffering could anyone that supports water boarding tell me what they think would be severe mental pain and suffering as defined by the convention on torture?
0 Replies
 
Ticomaya
 
  1  
Reply Fri 4 Jan, 2008 04:02 pm
Diest TKO wrote:
So tico are you claiming that the distinction offered between "torture" and "enhanced interogation techniques" is valid? Sopprt that argument with some sort of fact please.

Sounds like a pink pistol to me. Cute, but ultimately it does the same thing.

T
K
O


Straw man.
0 Replies
 
Cycloptichorn
 
  1  
Reply Fri 4 Jan, 2008 04:03 pm
No, it isn't.

Cycloptichorn
0 Replies
 
Ticomaya
 
  1  
Reply Fri 4 Jan, 2008 04:19 pm
engineer wrote:
Ticomaya wrote:
The distinction being parsed is as to waterboarding as opposed to torture. Do you have any citations to laws proscribing the specific CIA "enhanced interrogation technique" of waterboarding, parados?

Or were you just addressing the "torture" portion of Finn's comment?

The US has court martialed it's own soldiers for water boarding as early as 1898. We convicted Japanese soldiers of it after WWII and there have even been cases of US law enforcement officials convicted for it. Here's a nice summary link. The US has for over 100 years considered waterboarding to be torture.


The description I've read of the "specific CIA 'enhanced interrogation technique' of waterboarding" differs from the description in that article, engineer. Do we know whether water is actually being poured into nose and mouth? -- which is not the description that's been advertised.

Can anyone show me the law that says waterboarding -- of whatever form -- is illegal?

If not, why do you suppose Congress has not passed such a law?
0 Replies
 
Ticomaya
 
  1  
Reply Fri 4 Jan, 2008 04:19 pm
Cycloptichorn wrote:
No, it isn't.

Cycloptichorn


Sure it is.
0 Replies
 
Diest TKO
 
  1  
Reply Fri 4 Jan, 2008 04:23 pm
Ticomaya wrote:
Diest TKO wrote:
So tico are you claiming that the distinction offered between "torture" and "enhanced interogation techniques" is valid? Sopprt that argument with some sort of fact please.

Sounds like a pink pistol to me. Cute, but ultimately it does the same thing.

T
K
O


Straw man.

Coward.

T
K
O
0 Replies
 
dlowan
 
  1  
Reply Fri 4 Jan, 2008 04:31 pm
parados wrote:
I am curious if the fear of immediate death isn't severe mental pain and suffering could anyone that supports water boarding tell me what they think would be severe mental pain and suffering as defined by the convention on torture?



Torture: Perpetrated by non-Americans


Enhanced interrogation techniques: Perpetrated by Americans (and their outsourced torturers,as in Syria and Egypt etc.?)


Torture cannot be perpetrated by Americans.


That is the only "logic" I can read from the posts of people such as Ticomaya and other American torture apologists.


You'll never get anywhere discussing rationally with them, as this is their basic belief, and you'll never get past it.
0 Replies
 
 

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