Torture

The economist David K. Levine claims that if a government of a country makes torture legal, the inevitable result will be torture that is out of control. I point out an inconsistency in his approach to torture. I then argue that we should be open to rare counterexamples to his claim and describe a kind of counterexample.

In this article I try to elucidate the concept of human dignity by taking a closer look at the features of a paradigmatic torture situation. After identifying the salient aspects of torture, I discuss various accounts for the moral wrongness of such acts and argue that what makes torture a violation of human dignity is the perverted moral relationship between torturer and victim. This idea is subsequently being substantiated and defended against important objections. In the final part of the chapter (...) I give a (qualified) defense of the methodology employed in the previous sections. (shrink)

In its war on terror, the United States tortured and abused individuals in its custody over a decade. This article examines a specific sort of epistemic response by Americans to the use of torture by their government, the sort of response that enables Americans to operate with epistemic ignorance to maintain a favorable construction of their identity as Americans. I lay out the concept of American ignorance as the active production of false and/or incomplete beliefs about what it means to (...) be an American and explore the mechanism through which this ignorance operates in society. The article argues for accountability to create better epistemic environments necessary for any meaningful shift in how Americans perceive themselves qua Americans. (shrink)

As several scholars have argued, far from being antithetical to American values, the torture of nonwhite peoples has long been a method through which the United States has enforced (at home and abroad) a conception of what I will call “white moral citizenship." What is missing from this literature, however, is an exploration of the role that the erasure of torture, and the political and public narratives that are used to justify torture, plays in this function. -/- As I will (...) demonstrate in this article, the erasure of American torture takes at least three different but mutually reinforcing forms: erasure of the fact of torture, erasure of the experience of torture, and erasure of the victims of torture. Erasure of the fact of torture occurs when lack of education and public discussion creates widespread ignorance about the history of torture in America, as has occurred in relation to the post-9/11 torture program. Erasure of the experience of torture occurs when victims’ experiences of extreme suffering, and practices or institutions that inflict extreme suffering (such as solitary confinement), are not acknowledged as forms of torture. Erasure of the victims of torture occurs when victims are treated with indifference and even contempt, even when what they suffered is acknowledged to be torture, and their perspectives and experiences are dismissed, minimized, or ignored. -/- As I shall argue, both the use of the torture and the forms of erasure described above are essential components in the ongoing enforcement of the normative boundaries of American white moral citizenship and the myth of American exceptionalism and civilization. The repeating pattern of the use and erasure of torture leads to the ongoing toleration of practices that constitute torture and that overwhelmingly impact people of color. Until this pattern of justification and erasure is recognized and confronted, torture will continue to be embedded within American culture and institutions. (shrink)

The aim of the present study was to assess the impact of past traumatic war experiences on preadolescents in the Gaza Strip, which could be useful for psychological intervention with current and future child victims. Participants were 521 preadolescents from United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) schools, aged 11 and 13 years old. Sections I to IV from Iraqi Version-Arabic of Harvard Trauma Questionnaire was used to assess trauma experiences and Post-Traumatic Stress (...) Disorder (PTSD). The results show that the preadolescents in the Gaza Strip witnessed the destruction of their homes and the murder of family members and friends. A quarter of the individuals assessed either suffered torture or witnessed others undergoing it, including sexual assaults. Almost half of them experienced a lack of food and clean water. The traumatic and torture experiences seriously affected preadolescents’ mental health as 26.29% met criteria for the diagnosis of PTSD. The data analysis revealed two PTSD modalities, with the severity of impact depending on whether social implications were involved. Further research is required to check whether these two modalities fit to PTSD and complex PTSD. Understanding the effects of past wars on preadolescents in Gaza and distinguishing between different PTSD types could enhance comprehension of the impacts of current attacks on child victims. It can also aid in determining the type of intervention needed to minimize the impact on the mental health of Palestinian youth, enhancing their resilience through psychological and social support. (shrink)

Journal of Social Philosophy, EarlyView.

As a party to the United Nations Convention Against Torture, the United States is under an obligation to criminalize all state torture. The aim of this article is to show that the United States has failed to fulfill that obligation and should correct that failure by broadening the respective definitions of “torture” in two federal criminal statutes, the War Crimes Act and the Torture Act. The broader definition that is proposed is formulated with an eye to minimizing ambiguity and vagueness, (...) avoiding both overcriminalization and undercriminalization, and facilitating accurate determinations of guilt or innocence. (shrink)

This article reviews the social scientific literature on the causes of and prevention of torture, analyzes its successes and failures, and proposes a way forward. Many researchers have adopted a rational-actor, principal-agent framework, which fails to fully account for the multiple and often irrational motives of actors who work within complex bureaucracies. Researchers have also tended to follow the lead of practitioners, critiquing their approaches at prevention but not providing their own evidence-based recommendations. Future research should examine the role of (...) irrational motives, multiple actors, and complex bureaucracies in causing torture to happen, at the level of individuals, governmental institutions, and nation-states. The lessons from this research can help advocates better convince individual actors that torture is unethical and ineffective, better direct interventions into the structure of complex bureaucracies, and better direct international advocacy, providing other solutions besides “naming and shaming” campaigns. (shrink)

This paper explores the theme of torture in the Colombian Truth Commission’s Final Report, focusing on its characterization of torture as a way of annulling a person’s identity. Drawing on Jean Améry’s approach, I argue that torture destroys the victim’s world and explore the further implications of this assertion. I begin by highlighting how the history of torture distorts legal and medical practices, masquerading as a quest for truth while exercising a farce of power, disintegrating the victim’s lived body. By (...) delving into Merleau-Ponty’s notion of “flesh,” I also explain how torture erodes the carnal trust that connects us to the world and enables proper communication. Consequently, torture results in an utter negation of the self and the world. In conclusion, I suggest that torture as understood as the destitution of a person’s world, can serve as a paradigm for comprehending the experiences of violence faced by victims in Colombia. (shrink)

In this chapter, I examine the ways in which “harsh interrogationInterrogation” methods, such as indefinite detention, hooding, use of vicious brutality (such as the use of dogs), and force-feedingForce feeding, function as acts of tortureTorture. Although singularly they may only be “abusive,” when used together or in tandem (“clustering”), they cross the line into torture. TortureTorture is an issue of public moralityMorality. My focus is on the role of medical professionals who have enabled torture by standing by, keeping silent, or (...) actively participating in the abuse of detaineesDetainees. To understand how this occurs, we need to look at the context and the ways the language as well as the practice have an effect. For example, there is widespread use of euphemisms; e.g., “stress positions,” “sleep adjustment,” “takeout,” and “waterboardingWaterboarding” to create a climate of acceptance. Key medical associations such as the American Medical Association (AMA) and the World Medical Association have issued declarations prohibiting doctorsDoctors from participating and calling for them to step forward. However, we must go beyond whistle-blowers taking personal risks, however commendable, and, thus, put in place scaffolding to make it easier to report and investigate suspected abuse or torture. I set out guidelines for doing so in my essay. (shrink)

The use of punitive torture was practiced historically and has hardly been purged from our current practices. Fairly little attention has been paid to its justification, perhaps because many theorists of punishment have thought it so obviously unjust. But there is a fairly straightforward retributivist argument that punitive torture is sometimes morally justified: roughly, punitive torture is proportionate to the wrongdoing of some malefactors, such that, in the absence of overriding reasons, torturing them as punishment for their wrongdoing is morally (...) justified. However, Barry contends that the retributivist should strongly suspect that there will always be overriding reasons that defeat retributivist reasons that would otherwise justify punitive torture. And if even retributivism cannot justify punitive torture, it is doubtful that any justification is forthcoming. (shrink)

In Katherine Dunn’s novel Geek Love, the freaks do not hide. Geeks are sideshow performers who are the result of human interest in the manipulation of bodies. Dunn’s exploration of the human perception of freakish bodies should be studied in the context of posthumanism, which requires to give the body a more crucial role as the vehicle for perception of the spaces through which it moves. Particularly, I am writing to join the posthuman conversation to Dunn’s work using ideas primarily (...) originating from thinkers who were influential to modern posthuman studies, including Maurice Merleau-Ponty and Michel Foucault as well as Carey Wolfe, Katherine Hayes, and Donna Haraway who are actively engaged in the posthuman discussion and have taken the chance to distinguish posthuman thought from other forms of literary criticism. By delving into the alignment of social and physical spaces through which freakish bodies exist and disappear, where they are safe and where they are in danger, we can we further understand what it means to be human. (shrink)

Justice for human rights violations involves taking into account psychological harm caused to individuals and communities. Justice for psychological harm is specifically grounded in four considerations: (1) that harm to human persons can be both physical and psychological (2) that even in the absence of physical injuries, psychological harm can constitute a human rights violation (3) that those causing psychological harm ought to be accountable, and (4) that claims for justice for harm are supported by human rights principles. One finds (...) that across legal systems, laws align and support these considerations while making justice for psychological harms a matter of rights, well-being, and state responsibility. Human rights practice, literature, and studies highlight the contribution of law and psychology toward justice for psychological harms. Questions of interest to both are whether there is a universal theory on psychological harms to inform matters of justice; whether psychological harm can have a cultural context; whether psychological suffering can have an empirical measure; and whether newer threats like climate anxiety and technology-based harm are being addressed. (shrink)

Proportionality matters. Intuitively, proportionality sets the ceiling on the amount of defensive violence that is permissible. A plausible view is that what justifies proportionality also justifies other defensive-violence requirements—for example, discrimination and necessity—and shows why other purported requirements are mistaken—for example, imminence. I argue that if defensive-violence proportionality is a part of moral reality, then there is a systematic justification of it. If there is a systematic justification of proportionality, then there is an adequate equation for it. There is no (...) adequate equation for proportionality. Hence, proportionality is not part of moral reality. As a result, non-consequentialism does not justify defensive violence. The last part of this paper briefly applies these findings to vaccine mandates. (shrink)

In this paper reling on Agamben’s genealogical endeavour with regard to the concept of oath, I shall try to discuss how he renders the relation between language and the destituent power that will lead me to address ‘the new experience of the word’, namely, pistis (faith), which is placed at the centre of the messianic announcement. In order to open up this point, I will take into consideration Jacques Derrida’s arguments related to faith and language which appear to be one (...) of the main addressees of Agamben’s critical undertaking, even though he is never mentioned in Agamben’s later book The Sacrament of Language, in which he elaborates the contours of the relation between language and pistis. For Derrida the opening of language is based on an oath, a promise of saying ‘yes’ and thus, speaking is an act of faith. However, it is this functioning of language that has to be suspended according to Agamben, since it is this very dispositif that is connected to sovereign power. It is through this suspension the living being who has language may cease to be homo sacer before language and sovereign power. (shrink)

The "second-generation indigenization" hypothesis of Huntington's phenomenological observations on totalitarianism in Cold War regime collapse subtly portrayed the realpolitik interest groups' political influences with autocracy disbandment processes. The research puts democratization as the premise and globalization as purpose for the analysis, with the cultural anthropological psychopathology & criminological elements of genocide and crime against humanity explained, underlying some of the Communist Party of China (CPC)’s organizational behaviors. With the regionalism purposes & approaches to multilateralism by People's Republic of China (PRC), (...) the end of democratization is leveraged against the procedural means with power politics of declared “decmocracy”. Between quantitative autocratic controls and realpolitik local-regional interest groups, the connotation of democratization in liberal international globalization has either been used for militant purposes or pushed the landscape of regime collapse into realpolitik local groups and autocratic controls in the process of globalization, with a case study on a local branch of Argricultural Bank of China on supply-side hijacking by the State-owned Assets Supervision and Administration Commission of the State Council (SASAC). With the industrial interests omposed on realpolitik local groups, autocratic regionalism becomes of the "best interest scenario" for the realpolitik local groups with psychopathological spread of the criminological behaviors, by the cyber organizational criminal operations correlated with PRC’s approaches to international relations and multilateralism through bilateral trade & finance in monetary and currency domains, developed into the digitization of economies with criminological schemes in telecommunication, information, and informatics systems. However, the diminishing autonomy & freedom of the territorial population in turn derogated the real economy that wielded the prisoners' dilemma between autocracy and totalitarianism in a negative sum game deterioration cycle, with the censorship practices by the illicit regimes for propaganda controls sustaining "ideology security". In the democratization process of the dictatorial regime, "second-generation indigenization" is thus mapped to the sectarian interests respondent to dictatorial propaganda generation, other than a natural phenomenon out of autonomy and freedom premises in decision theory. The article recaps the coup d'état between Xi Jinping and Bo Xilai before Xi took the autocratic power, and analyzes the human rights situation in the obstacle of democratization and by the coercion mechanism imposed on the mainland China civil society for the militant purposes, with its behaviral spread of censorship to the “internet platforms” in liberal democratic countries by financial interest incentives and avoidance from war threats, whereby military backends in the cyber systems already indicate otherwise. (shrink)

In the wake of revelations about the American Psychological Association's complicity in the military's enhanced interrogation program, some psychologists have called upon the association to sever its ties to national security agencies. But psychology's relationship to the military is no short-term fling born of the War on Terror. This article demonstrates that psychology's close relationship to national security agencies and interests has long been a visible and consequential feature of the discipline. Drawing on social scientific debates about the relationship between (...) national security agencies and the social sciences in the late 1960s and early 1970s, this article also provides cautionary lessons for psychologists confronting the torture controversy. It concludes that an ethically robust response to this controversy requires that psychologists engage in a sustained reckoning with the powerful institutional, epistemological, and financial incentives that have bound the discipline to the military and intelligence communities since World War I. (shrink)

This is the account of an ongoing appeal initiated in 2009 by 725 doctors from 43 countries concerning medical complicity with torture in Israel. It has been underpinned by a voluminous and still accumulating evidence base from reputable international and regional human rights organisations, quoted below, and has spanned the terms of office of four World Medical Association presidencies and two UN special rapporteurs on torture. This campaign has been a litmus test of whether international medical codes regarding doctors and (...) torture actually matter, and are applied rigorously and even-handededly, particularly when compelling evidence incriminates a WMA member association. Our findings in the case of Israel suggest that this is not true, and that impunity largely operates. The WMA seems in partisan violation of its mandate to be the official international watchdog on the ethical behaviour of doctors. And as the IMA case demonstrates, by their inaction national medical associations or other regulatory bodies appear to function at base as buttresses and shields of the state. All data relevant to the study are included in the article. (shrink)

The article examines the record of compliance with the UN Committee against Torture’s decisions in individual complaints cases. Theoretically, I expect that compliance will be the outcome of a combination of normative and rationalist factors: States committed to human rights protection will comply even in the absence of enforcement but only as long as compliance costs remain relatively low. Using a data set covering all adverse decisions issued until 2018 and information on their compliance status, I employ fuzzy-set qualitative comparative (...) analysis to identify necessary and sufficient conditions for the outcomes of compliance and noncompliance. The analysis reveals that the conditions tested—liberal democracy, nonuse of political terror, violation type, and strong civil society—are in part individually (near-)necessary and jointly sufficient for compliance, while the presence of their complements is consistent with noncompliance. The Committee against Torture thus appears to be able to elicit (some) state compliance with its decisions, if mostly only with respect to certain kinds of states and select types of violations. (shrink)

In this article, I develop and redirect Julian Henriques’s model of sonic dominance through examination of accounts of acoustic violence and torture involving headphones. Specifically, I show how auditory experience has been weaponized as an intracorporeal phenomenon, with headphones effecting a sense of sounds invading the interior phenomenological space of the head. By analysing reported cases of sonic violence and torture involving headphones through a composite theoretical lens drawn from the fields of music, sound and body studies, I argue that (...) in saturating the head’s perceived interior with sound, perpetrators of violence perform sonic dominance across two interrelated levels: the subjugation of interiorized auditory space via the notion of flooding, in which attention is directed towards the experience of the body as a vessel for sound; and the resulting manipulation of phenomenological head–mind linkages, with emphasis on the head as a ‘space’ for both sound and thought. (shrink)

Despite the theoretical uptake of ontological schemas that do not tie agency uniquely to individual humans, these new ontological geographies have had little penetration when it comes to designing institutions to prevent grave wrongs. Moreover, our persistent intuitions tie agency and responsibility to individuals within a figuration of blame. This article seeks to connect new materialist and actor network theories with the design of institutions that seek to prevent torture. It argues that although research into the causes and conditions of (...) torture points to the inadequacy of agent-centric explanations, the preponderance of prevention interventions emphasize the role of individual human agents. New materialist and ANT approaches could afford a rich theoretical underpinning for prevention approaches by addressing the broad ecology of causal factors. Drawing on Spinoza, the article considers the affective impediments to the uptake of understandings and their correlate practices that require moving beyond agent-centric explanations for grave wrongs. So long as anger, indignation and blame colonize the individual and broader institutional spheres, they will almost inevitably bind us to a particular type of inadequate causal analysis and make other types of preventative responses appear as derelictions of our duty to hold wrongdoers responsible for their acts. (shrink)

The article assesses different models of professional ethics and develops a model which sees professional imperatives as the institutionally-guided expression of foundational moral principles. This article uses the model to assess the moral pressures placed on interrogators in undercover operations in which a detective poses as a suspect in pre-arraignment holding. While highly effective, the level of empathetic rapport required risks incurring compassion fatigue and burn out on the part of detectives.

La première chose que nous devons garder à l’esprit est que lorsque nous disons que la Chine dit ceci ou la Chine fait cela, nous ne parlons pas du peuple chinois, mais des sociopathes qui contrôlent le PCC -- Parti communiste chinois, c’est-à-dire, les sept tueurs en série sociopathes seniles (SSSSK) du Comité permanent du PCC ou des 25 membres du Politburo etc. Les plans du PCC pour la Seconde Guerre mondiale et la domination totale sont énoncés très clairement dans (...) les publications et les discours du gouvernement chinois et c’est le « rêve chinois » de Xi Jinping. C’est un rêve seulement pour la petite minorité (peut-être quelques dizaines à quelques centaines) qui gouvernent la Chine et un cauchemar pour tout le monde (y compris 1,4 milliard de Chinois). Les 10 milliards de dollars par an leur permettent, à eux ou à leurs marionnettes, de posséder ou de contrôler des journaux, des magazines, des chaînes de télévision et de radio et de placer des fausses nouvelles dans la plupart des grands médias partout dans le monde chaque jour. En outre, ils ont une armée (peut-être des millions de personnes) qui troll tous les médias de placer plus de propagande et de noyer des commentaires légitimes (l’armée de 50 centimes). En plus de dépouiller le monde des ressources de 3rd, une poussée majeure de l’initiative de des centaines de milliards de dollars Belt and Road est la construction de bases militaires dans le monde entier. Ils forment le monde libre dans une course aux armements massive de haute technologie qui fait la guerre froide avec l’Union soviétique ressembler à un pique-nique. Bien que le SSSSK, et le reste de l’armée mondiale, dépensent des sommes énormes sur le matériel avancé, il est très probable que WW3 (ou les petits engagements qui l’ont précédé) sera dominé par les logiciels. Il n’est pas hors de question que le SSSSK, avec probablement plus de pirates (codeurs) travaillant pour eux, puis tout le reste du monde combiné, va gagner de futures guerres avec un minimum de conflit physique, juste en paralysant leurs ennemis via le net. Pas de satellites, pas de téléphones, pas de communications, pas de transactions financières, pas de réseau électrique, pas d’Internet, pas d’armes de pointe, pas de véhicules, de trains, de navires ou d’avions. Il n’y a que deux voies principales pour enlever le PCC, libérer 1,4 milliard de prisonniers chinois, et mettre fin à la marche lunatique à la Seconde Guerre mondiale. Le pacifique est de lancer une guerre commerciale tous avare pour dévaster l’économie chinoise jusqu’à ce que l’armée en ait marre et démarre le PCC. Une alternative à la fermeture de l’économie chinoise est une guerre limitée, comme une frappe ciblée par dire 50 drones thermobares sur le 20e Congrès du PCC, lorsque tous les membres supérieurs sont en un seul endroit, mais qui n’aura pas lieu avant 2022 afin que l’on puisse frapper la réunion plénière annuelle. Les Chinois seraient informés, au fur et à mesure de l’attaque, qu’ils devaient déposer les armes et se préparer à organiser des élections démocratiques ou à être regroupés dans l’âge de pierre. L’autre alternative est une attaque nucléaire tous anch, une attaque nucléaire. La confrontation militaire est inévitable compte tenu de la voie actuelle du PCC. Il se produira probablement sur les îles de la mer de Chine méridionale ou Taiwan dans quelques décennies, mais comme ils établissent des bases militaires dans le monde entier, il pourrait se produire n’importe où (voir Tigre accroupi, etc.). Les conflits futurs auront des aspects difficiles et souples avec les objectifs déclarés du PCC de mettre l’accent sur la cyberguerre par le piratage et le paralysage des systèmes de contrôle de toutes les communications militaires et industrielles, l’équipement, les centrales électriques, les satellites, Internet, les banques, et tout appareil ou véhicule connecté au net. Les SS sont lentement sur le terrain d’un éventail mondial de sous-marins ou de drones sous-marins habités et autonomes capables de lancer des armes conventionnelles ou nucléaires qui peuvent rester dormants en attendant un signal de la Chine ou même à la recherche de la signature de navires ou d’avions américains. Tout en détruisant nos satellites, éliminant ainsi la communication entre les États-Unis et nos forces dans le monde entier, ils utiliseront les leurs, en conjonction avec des drones pour cibler et détruire nos forces navales actuellement supérieures. Bien sûr, tout cela se fait de plus en plus automatiquement par l’IA. De loin le plus grand allié du PCC est le parti démocrate des États-Unis. Le choix est d’arrêter le PCC maintenant ou regarder comme ils prolongent la prison chinoise sur le monde entier. Ceux qui s’intéressent à d’autres détails sur le chemin fou de la société moderne peuvent consulter mes autres œuvres telles que Suicide by Democracy-an Obituary for America and the World th Edition 2020 et Suicidal Utopian Delusions in the 21st Century: Philosophie, Nature Humaine et l’effondrement de la civilisation 4e ed (2020) . (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)

There are attempts to define torture which say that a person is only being tortured if the pain inflicted upon them is pain that they have not consented to. In this very brief paper, I recommend that we define torture without this condition.

Liberal democracies who perpetrate torture represent an apparent paradox: a flagrant violation of human rights by states supposedly dedicated to protecting human rights. In liberal democracies, the political, social, and legal narratives used to justify torture portray torture as an individual act motivated by important moral values. This individualized torture narrative then shapes the moral framework through which the public, policy-makers, and individual torturers view torture, and masks the institutional nature of torture perpetration. It is this interaction between an individualized (...) torture narrative and the moral framework of torture that distinguishes democratic perpetrators (Critchell et al. 2017, 9-10) from nondemocratic perpetrators of torture. Yet, the implementation of a torture program in a democratic state is remarkably similar to the implementation of a torture program in a nondemocratic state. In both cases, torture is an institutionalized practice given moral and political meaning through broad social and political narratives. This chapter uses the post-9/11 US torture program as a case study of a democratic perpetrator in order to explore the interaction between democratic narratives of torture, state implementation of torture, and the moral psychology of individual torturers. This permits a way of thinking about torture perpetration that goes beyond a myopic focus on torture as individual act to understand the interaction and mutual reinforcement of different forms of torture perpetration. This analysis also offers a starting point from which to consider how to resist and oppose torture narratives that sustain democratic tortue, a question I explore in the conclusion of this chapter. (shrink)

This book develops a sociological account of lie detection practices and uses this to think about lying more generally. Bringing together insights from sociology, social history, socio-legal studies and science and technology studies, it explores how torture and technology have been used to try to discern the truth. It examines a variety of socio-legal practices, including trial by ordeal in Europe, the American criminal jury trial, police interrogations using the polygraph machine, and the post-conviction management of sex offenders in the (...) USA and the UK. Moving across these different contexts, it articulates how uncertainties in the use of lie detection technologies are managed, and the complex roles they play in legal spaces. Alongside this story, the book surveys some of the different ways in which lying is understood in philosophy, law and social order. Lie Detection and the Law will be of interest to STS researchers, socio-legal scholars, criminologists and sociologists, as well as others working at the intersections of law and science. (shrink)

The UN Convention against Torture defines torture as “any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person” by someone acting in an official capacity for purposes such as obtaining a confession or punishing or intimidating that person.1 It is unethical for healthcare professionals to participate in torture, including any use of medical knowledge or skill to facilitate torture or allow it to continue, or to be present during torture.2-7 Yet medical participation (...) in torture has taken place throughout the world and was a prominent feature of the US interrogation practice in military and Central Intelligence Agency (CIA) detention facilities in the years after the attacks of 11 September 2001.8-11 Little attention has been paid, however, to how a regime of torture affects the ability of health professionals to meet their obligations regarding routine clinical care for detainees. -/- The 2016 release of previously classified portions of guideline from the CIA regarding medical practice in its secret detention facilities sheds light on that question. These show that the CIA instructed healthcare professions to subordinate their fundamental ethical obligations regarding professional standards of care to further the objectives of the torturers. (shrink)

A single question -- An exclusionary movement is born -- Legal reform to eliminate defectives -- Redrawing the boundaries of protected life -- Crystallizing events and ethical principles -- A bolt from the blue: abortion is legalized -- Man's law or god's will -- Inches from life -- Should the baby live? -- Limits to tolerable suffering -- Alleviating suffering and protecting life -- God, duty, and life worth living -- Assisted dying -- Removing the protective boundaries of life -- (...) A campaign to stop the executions -- The pendulum swings, the debate continues -- Justifying torture -- Lessons learned. (shrink)

This article explores black girls and women’s experiences with school, police and state disciplinary torture in the ‘afterlife of slavery.’ More precisely, this work explores the punishment, torture, captivity, annihilation and ultimate genocide black girls and women are subjected to by white supremacist, antiblack, hetero-patriarchal, hetero-sexist, and heteronormative school staff, police and state forces in public schools and beyond. A few research questions are explored: What are black girls and women’s experiences with punishment, torture, captivity, annihilation and genocide by police (...) and state forces in public schools and general public spaces and consciousness? And, what are the gendered, racialized and sexualized dimensions of violence black girls and women experience at the hands of U.S. state and state apparatuses? This text exposes the danger of silencing just how lethal and grotesque these disciplinary technologies are and the gendered, racialized and sexualized nature of violence black girls and women are subjected to in these material and imaginative spaces. At the same time, this text illuminates black girls and women’s sonic and physical resistant strategies that challenge and disrupt oppression within a larger structure of antiblack genocide in the United States. Black girls and women proactively resisting the disciplinary torture of state and state forces are ‘scenes of subjection’ and, simultaneously, scenes of subjectivity. Largely, this article asserts that these spaces reveal the essential nature as well as the potentiality of radical social transformation for black life, autonomy and freedom. Finally, this article uses Moorish-Palestinian extraterrestrial epistemology to suggest how these sites also reveal the necessity for dark matter communities to settle for nothing less than their freedom and move towards an intergalactic consciousness and peace and love state of being to recalibrate—whether astrally, figuratively, and/or literally—to the interplanetary, interstellar and intergalactic regions. (shrink)

“4E” approaches in cognitive science see mind as embodied, embedded, enacted, and extended. They observe that we routinely “offload” part of our thinking onto body and world. Recently, 4E theorists have turned to music cognition: from work on music perception and musical emotions, to improvisation and music education. I continue this trend. I argue that music — like other tools and technologies — is a beyond-the-head resource that affords offloading. And via this offloading, music can (at least potentially) scaffold various (...) forms of thought, experience, and behavior. To develop this idea, I consider the “material” and “worldmaking” character of music, and I apply these considerations to two cases studies: music as a tool for religious worship, and music as a weapon for torture. (shrink)

Political theory between moralism and realism -- Telling stories : on art's role in dispelling genocide blindness -- How to do things with hypotheticals : assessing thought experiments about torture -- Genealogy as critique : problematizing definitions of terrorism -- The conceptual tapestry of political violence.

In a decision making context, an agent’s uncertainty can be either epistemic, i.e. due to her lack of knowledge, or agentive, i.e. due to her not having made use of her decision-making power. In cases when it is unclear whether or not a decision maker presently has control over her own future actions, it is difficult to determine whether her uncertainty is epistemic or agentive. Such situations are often difficult for the agent to deal with, but from an outsider’s perspective, (...) they can have sensible pragmatic solutions. (shrink)

Steinhoff defends the moral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and defensive torture which Steinhoff argues for is partly spoiled by the presence, within defensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere (...) legalization of torture would already be at risk of further entrenchment and growth. (shrink)

Analytic just war theorists often attempt to construct ideal theories of military justice on the basis of intuitions about imaginary and sometimes outlandish examples, often taken from non-military contexts. This article argues for a sharp curtailment of this method and defends, instead, an empirically and historically informed approach to the ethical scrutiny of armed conflicts. After critically reviewing general philosophical reasons for being sceptical of the moral-theoretic value of imaginary hypotheticals, the article turns to some of the special problems that (...) this method raises for appraisals of warfare. It examines some of the hypothetical examples employed in the construction of Jeff McMahan’s revisionist just war theory, and finds that they sometimes stipulate incompre- hensible conditions, lead to argumentative impasses of diverging yet uncertain intuitions, and distract attention away from the real problems of war as we empirically know it. In contrast, empirical and historical studies of warfare rein- force the deep connections between facts and values, and compel theorists to face uncomfortable moral ambiguities. Perhaps most importantly, the analytic method of focusing on imaginary hypothetical examples can not only be distracting, but it can also be genuinely dangerous. Hence, the article pays special attention to the way in which a seemingly innocuous fiction like the famous Ticking Time Bomb scenario can come to frame a new paradigm of inhumanity in the treatment of prisoners of war. (shrink)