Deutsche Zeitschrift für Philosophie 61 (5-6):665-680 (2013)

Jay Bernstein
The New School
Moral modernity, including political modernity, is founded on the series of acts whereby, throughout Europe, torture was banned. Torture became the paradigm of moral injury, of what must never be done to an individual because it is intrinsically degrading and devaluing. The body of the torture victim is the meeting place of state and citizen: either the rule of law recognizes bodily autonomy as its own moral basis - broken laws standing for broken bodies - or the law becomes a vehicle of sovereign authority that knows no limit. Thus, it is the morally charged conception of the rule of law that holds together the ban on torture with the recognition of human dignity: remove the prohibition on torture and neither the liberal state nor modern moral life is intelligible. The connections between the abolition of torture, the rule of law, and the institution of human dignity was forged in the once enormously influential and now virtually unknown On Crimes and Punishments by Beccaria
Keywords No keywords specified (fix it)
Categories (categorize this paper)
DOI 10.1524/dzph.2013.61.56.665
Edit this record
Mark as duplicate
Export citation
Find it on Scholar
Request removal from index
Revision history

Download options

PhilArchive copy

Upload a copy of this paper     Check publisher's policy     Papers currently archived: 69,160
External links

Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
Through your library

References found in this work BETA

No references found.

Add more references

Citations of this work BETA

No citations found.

Add more citations

Similar books and articles

Torture. How Denying Moral Standing Violates Human Dignity.Andreas Maier - forthcoming - In Webster Elaine & Kaufmann Paulus (eds.), Violations of Human Dignity. Springer.
When Is Torture Right?Douglas McCready - 2007 - Studies in Christian Ethics 20 (3):383-398.
Just Torture?Shunzo Majima - 2012 - Journal of Military Ethics 11 (2):136-148.
Torture and Just War.Darrell Cole - 2012 - Journal of Religious Ethics 40 (1):26-51.
Terrorism and Torture.Fritz Allhoff - 2003 - International Journal of Applied Philosophy 17 (1):121-134.


Added to PP index

Total views
22 ( #510,603 of 2,499,419 )

Recent downloads (6 months)
2 ( #278,169 of 2,499,419 )

How can I increase my downloads?


My notes