Should the United States adopt torture warrants?

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Torture, properly understood, is legally prohibited by the United States Code as well as
by international law. There might be some disagreement about what constitutes torture—
say, waterboarding—but there are some things that we can do to another person that
indisputably count as torture.
Harvard law professor, Alan Dershowitz, discusses the ethics of torturing terror suspects;
for his view, see his “Tortured Reasoning” available here. Dershowitz is confident that in
certain circumstances that we would, in fact, engage in torture—say, if there were a
primed nuclear bomb set to detonate and the person responsible for planting the bomb
isn’t talking. Dershowitz argues that if, in fact, we are going to engage in torture then we
should proceed with legal accountability; we should only allow someone to torture
another person if they have received a “torture warrant” in advance. This is akin to a
search warrant: it requires demonstrating to a legal official or officials that there is
probable cause to torture, providing sufficient evidence, and demonstrating that nothing
else is likely to work in time, among other things. Adopting the torture warrant,
Dershowitz thinks, would allow for accountability and is preferable to a practice in which
torture is engaged in secretly and without accountability. But if we are going to have
torture warrants, we would have to legalize torture. That means changing U.S. law and
violating a host of international agreements that the U.S. has committed to previously.
Consider Dershowitz’ proposal. How would you respond to the following two questions
be: 1) Should the United States adopt torture warrants? And 2) why or why not?
This should be In APA Format, My basic information should be in the top corner: Jackson 1
Morgan Jackson
21 February 2022
Philosophy 205C!
Professor Rose-Barry
Then top right should say: Jackson 1

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