Dying before one’s time has been a prominent theme in classic literature and poetry. Catherine Linton’s youthful death in Wuthering Heights leaves behind a bereft Heathcliff and generations of mourning readers. The author herself, Emily Brontë, died young from tuberculosis. John Keats’ Ode on Melancholy captures the transitory beauty of 19th century human lives too often ravished by early death. Keats also died of tuberculosis, aged 25. “The bloom, whose petals nipped before they blew, died on the promise of the (...) fruit” is how Percy Bysshe Shelley expressed his grief over Keats’ death. Emily Dickinson wrote So Has a Daisy Vanished, being driven into depression by the early loss of loved ones from typhoid and tuberculosis. (shrink)

It is commonly believed that people become selfish and turn to looting, price gouging, and other immoral behaviour in emergencies. This has been the basis for an argument justifying extraordinary measures in emergencies. It states that if emergencies are not curtailed, breakdown of moral norms threaten (‘the moral black hole’). Using the example of natural disasters, we argue that the validity of this argument in non-antagonistic situations, i.e. situations other than war and armed conflict, is highly questionable. Available evidence suggests (...) that people in such emergencies typically do not display panic reactions or exaggerated selfishness, and that phenomena such as looting and price gouging are rare. Furthermore, a version of the moral-black-hole argument based on the mere possibility of a moral black hole occurring runs into problems similar to those of Pascal’s Wager. We conclude that we should be wary against applying the moral-black-hole argument to non-antagonistic cases. (shrink)

This paper discusses the application of the supreme emergency doctrine from just-war theory to non-antagonistic threats. Two versions of the doctrine are considered: Michael Walzer’s communitarian version and Brian Orend’s prudential one. I investigate first whether the doctrines are applicable to non-antagonistic threats, and second whether they are defensible. I argue that a version of Walzer’s doctrine seems to be applicable to non-antagonistic threats, but that it is very doubtful whether the doctrine is defensible. I also argue that Orend’s version (...) of the doctrine is applicable to non-antagonistic threats, but that his account is not defensible, regardless of whether the threats are antagonistic or not. (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)

The received view in mainstream philosophy is that violence is an ‘act’, to be defined in terms of ‘force’ and ‘intentionality’. This approach regrettably and inexcusably tends to prioritise the agent performing the act of violence in question. This paper argues that we should resist this tendency, in order to prioritise the victim or survivor of violence, and her personal experience, not that of the perpetrator. Starting from an analysis of the devastating impact of violence that characterises the experience of (...) sexual violation and its aftermath, based on the memoirs of Susan Brison (philosopher) and Alice Sebold (novelist), we will then proceed to argue that violence should not be thought of merely in terms of an ‘act’, but also as an ‘experience’, the difference being that an act is temporally determinate while an experience is temporally indeterminate. With the help of a phenomenological approach, we will argue that violence has time-indeterminate intended and unintended consequences; these are the ripples of violence. Finally, some of the moral, legal and political implications of acknowledging the temporal indeterminacy of violence will be highlighted. (shrink)

This paper outlines and explores the problem of democratic dirty hands, the sui generis moral situation where democratic politicians justifiably violate both a cherished moral principle and the fundamental processes of democratic governance. Some recent contributions to the dirty-hands debate have argued that the principles of democratic governance render DDH impossible. The paper rejects this view as based on a misunderstanding of the minimal and necessary conditions for both DH and democratic overnance. However, DDH does raise interesting issues concerning the (...) complicity of citizens with their politicians’ DH. Citizens are accessories to such acts and have a duty to contribute to the reparations for the victims of DDH. Furthermore, as citizens bear some responsibility for the moral violations that were done in their name, they properly ought to feel some of the moral pollution that these actions generated. (shrink)

By executive order—later passed into law—President Obama closed legal loopholes used to justify torture by his predecessor. Less often discussed, his administration also instituted scientific research into the most effective interrogation techniques. This dual-track approach already demands the use of two different methods to properly discuss the policy, and in this article, a third is put forward for a fuller interdisciplinary view. That is to say, although there are notable shortcomings, scientific and legal developments will be explored to illuminate how (...) he also clarified a moral stance for the nation. Put all together, this article will show that Obama indeed achieved laudable steps towards preventing the reintroduction of torture. (shrink)

El debate acerca de la tortura puede dividirse, siguiendo la clasificación de McMahan, en dos niveles: teórico y práctico. En el primero se discute acerca de la permisibilidad moral de la tortura en circunstancias excepcionales y las características que la convierten en una práctica, prima facie, inmoral. En el segundo se evalúan las posibles consecuencias de diferentes modelos de legislación para dar una respuesta a las situaciones del mundo real. El presente trabajo se inscribe en este segundo nivel y se (...) propone analizar críticamente las propuestas legislativas de Jeff McMahan y Alan Dershowitz. Asimismo, busca ofrecer una exploración preliminar de las ventajas del modelo legalista. (shrink)