I am opposed to torture as a normative matter, but I know it is taking place today and know that it would be employed if we ever experienced an imminent threat of mass casualty biological, chemical, or nuclear terrorism. If I am correct, then it is important to ask the following question: if torture is being or will be practiced, is it worse to close our eyes to it and tolerate its use by low-level law enforcement officials without accountability, or instead to bring it to the surface by requiring that a warrant of some kind be required as a pre-condition to the infliction of any type of torture under any circumstances?
Suggested Discussion Questions:
1. Why does Dershowitz oppose torture? How does he justify it in certain circumstances?
2. What values does he weigh in order to reach this conclusion?
3. Should we ever support torture? Why?
1. Why does Dershowitz oppose torture? How does he justify it in certain circumstances?
2. What values does he weigh in order to reach this conclusion?
3. Should we ever support torture? Why?
Time Period: Contemporary (The Yom Kippur War until the present-day)