PHIL202 Study Guide - Midterm Guide: Heather Mac Donald, Numbers Game, Waterboarding

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The use of torture is widespread and growing. Argument: a comparison between some types of killing in combat and some types of torture shows how torture is morally worse than killing. Shue: this argument is mistaken because it assumes that the only consideration relevant to moral permissibility is the amount of harm done. The jus in bello principle of not attacking noncombatants is plausibly rooted in the general moral principle which prohibits assaults upon the defenseless. Shue suggests that this principle is derived from the sense of a fair fight . Why not place greater emphasis on the fact that the defenseless pose us no threat?] Perhaps the tortured is not defenseless if he has a mode of compliance that will end the torture. However, much of contemporary torture shares a feature with terrorism. Its aim is to intimidate other people besides the torture. This terroristic torture clearly violates the kantian principle against using persons merely as means.

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