The aim of this paper is to re-evaluate the manner in which the Ticking Bomb Scenario (TBS), a thought experiment in philosophical enquiry, has been used in the discussion of the justifiability or otherwise of forward-looking interrogational torture (FLIT). The paper argues that criticisms commonly raised against the thought experiment are often inappropriate or irrelevant. A great many criticisms misunderstand the way in which thought experiments in general, and the TBS in particular, are supposed to work in (...) philosophical (and for that matter scientific) inquiry. The paper is not about the acceptability or otherwise of FLIT per se but rather an attempt to show that thought experiments such as the TBS are useful analytic tools and ought not to be rejected due to their inappropriate use by those engaged in the justifiability or otherwise of FLIT. By rescuing the TBS from its erroneous use the paper seeks to show its proper worth as part of an argumentative device in uncovering conflicting moral intuitions in our search for ethical truths. (shrink)

This chapter contains section titled: Dershowitz's Argument and the Ticking Bomb Who Tortures? Effectiveness and Time Knowledge and Necessity The Ticking Bomb Scenario: Conclusion.

This article uses the ‘Ticking Bomb Scenario’ as a starting point for a broader discussion of what I term the ‘liberal narrative of speed’, the argument within liberal thought that the accelerating pace of events in the world requires a transition of authority from slow-moving, democratic legislative bodies, to energetic, efficient and unitary executives. However, this article argues that the source of this transfer of power is not because of any structural misfit between democracy and acceleration . (...) Instead, through an investigation of the ontology of speed I argue that speed produces not a functional threat to democratic politics, but an existential one. Acceleration unsettles stable political identities, and produces a time of uncertainty, in which people are wary of engaging in democratic debate and compromise, preferring instead the certainty of unitary executive leadership. In this regards the anti-democratic tendency of acceleration is to be located in the way in which it inculcates a sense of ressentiment against a future that is contingent and uncertainty. (shrink)

The so-called ticking bomb is invoked by philosophers and lawyers trying to justify, on behalf of their political masters, the use of torture in extremis. I show that the scenario is spurious; and that the likely consequences of the use of interrogational torture in such cases are disastrous. Finally, I test the argument against a real case.

On Michael Walzer's influential account, "dirty hands" characterizes the political leader's choice between absolutist moral demands (to abstain from torture) and consequentialist political reasoning (to do what is necessary to prevent the loss of innocent lives). The impulse to torture a "ticking bomb terrorist" is therefore at least partly pragmatic, straining against morality, while the desire to uphold a ban on torture is purely and properly a moral one. I challenge this Machiavellian view by reinterpreting the dilemma in (...) the framework of the Humean theory of justice and moral sentiment. By interpreting the ticking bomb scenario as a dramatic narrative, I argue that it appeals to properly moral sensibilities, which speak in favour of the use of force against the terrorist. The absolute ban on torture, by contrast, is an artificial virtue and a product of political prudence. On this account, the ticking bomb terrorist dilemma therefore imposes a different burden on the political leader from Walzer's version: an ethic of political responsibility demands that the political leader be prepared to sacrifice her moral soul by upholding the law against moral but politically imprudent demands to break it; while the ticking bomb romance appeals to her feelings of compassionate moral concern towards particular individuals. She dirties her hands morally, not by authorizing torture, but by allowing the terrorist's bomb to detonate and take the lives of the innocent. (shrink)

The general consensus among philosophers is that the use of torture is never justified. In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the lesser of two evils. Allhoff does not take this position lightly. He begins by examining the way terrorism challenges traditional norms, discussing the morality of various practices of torture, and critically exploring (...) the infamous ticking time-bomb scenario. After carefully considering these issues from a purely philosophical perspective, he turns to the empirical ramifications of his arguments, addressing criticisms of torture and analyzing the impact its adoption could have on democracy, institutional structures, and foreign policy. The crucial questions of how to justly authorize torture and how to set limits on its use make up the final section of this timely, provocative, and carefully argued book. (shrink)

Despite intensive work by human rights organizations to garner global condemnation of torture, in the years since the atrocities of Abu Ghraib and Guantanamo Bay were exposed, support in the United States for the use of torture has increased, and torture also attracts significant support in many other countries. This paper seeks to understand the affective work that the ‘ticking time bomb scenario’ and its imagined dramatization does in shaping how torture is understood. The literature is replete (...) with debates over whether the scenario distorts or accurately describes the actual circumstances in which decisions about torture occur, and the moral criteria that ought to be brought to the decision-making process. In describing the scenario as a “thought experiment,” however, these analyses obscure the work that this imagined scene does in shaping how people evaluate the use of torture – work that takes place at the affective and somatic levels. Induced into a process of racially inflected and affectively laden identifications and aversions, the paper suggests that the “subjects” of this thought experiment do very little thinking and thus fact-based or logical counter-arguments are of little use in shifting evaluations of torture. Rather, we need to understand the affective work that somatically grounded stories do in normalizing and inducing subjects to embrace torture. The paper is particularly interested in how imagined scenarios can be used to institute affects that freeze and immobilize, and how we might construct other narratives to encourage more dynamic and fluid forms of affective experience and identification. Exploring the link between narratives and more dynamic affects may offer more productive strategies for encouraging people to shift positions as they confront new evidence and encounter other experiences and bodies. (shrink)

Although standard ethical views categorize intentional torture as morally wrong, the ticking time bomb scenario is frequently offered as a legitimate counter-example that justifies the use of torture. In this scenario, a bomb has been placed in a city by a terrorist, and the only way to defuse the bomb in time is to torture a terrorist in custody for information. TTB scenarios appeal to a utilitarian “greater good” justification, yet critics maintain that the (...) utilitarian structure depends on a questionable set of hidden assumptions. Three experiments were conducted to investigate endorsement of torture when these hidden assumptions were violated. In Experiment 1, results indicated that endorsement varied as a function of the success likelihood of torture and its alternatives. In Experiment 2, people found torture to be more acceptable, less wrong, and more obligatory when the suspect in custody was described as a “terrorist” than when he was described simply as an individual, and when he was described as culpable as opposed to innocent. These results are more consistent with retributive justice than utilitarian “greater good” concerns. The results of Experiment 3 indicated that utilitarian decision profiles were not associated with lower levels of empathic concern but were instead associated with personal distress and the ability to transpose oneself into a fictitious character's experience. Across the three experiments, deontologists were more likely to reject torture than utilitarians. (shrink)

This paper analyzes "ticking time bomb" scenarios in the discursive legitimation of torture and other coercive interrogation techniques. Judith Butler proposes a Foucauldian framework to suggest that Adminstration policies can be read as the irruption of sovereignty within governmentality. Rereading Foucault, I suggest that the policies could equally be understood as an exercise of governmentality, i.e., the subordination of juridical law to economy. I then propose as a reconciliation of these readings that time bomb scenarios serve rhetorically (...) to make the exercise of arbitrary power Butler identifies appear as an exercise of governmentality; sanitized of complications, coercive interrogation appears efficient. (shrink)

In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its (...) attempt to justify torture insofar as its proponents seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome. (shrink)

Torture is like slavery (and unlike murder and genocide) in that it is not inconceivable that torture might be justifiable. But the circumstances that would make it tolerable are unrealistic in philosophically interesting ways. It is unrealistic to think we can predict when torture will be effective and containable; unwarranted to suppose that humane alternatives are impossible; disastrous to remove motivations to create alternatives; unacceptable to be satisfied with available evidence regarding suspects’ identity, knowledge of critical detail, ability to recall (...) it, or reasons for not providing it. Most importantly, the costs of even successful interrogational torture would negate the gains sought. Or so this essay argues. (shrink)

Is torturing innocent people ever morally required? I rebut responses to the ticking-bomb dilemma by Slote, Williams, Walzer, and others. I argue that torturing is morally required and should be performed when it is the only way to avert disasters. In such situations, torturers act with dirty hands because torture, though required, is vicious. Conversely, refusers act wrongly, yet virtuously, thus displaying admirable immorality. Vicious, morally required acts and virtuous, morally wrong acts are odd, yet necessary to preserve (...) the ticking-bomb dilemma’s phenomenology, the role of habituation in moral development, the virtue/continence distinction, and morality’s overridingness, consistency, and plausibility. (shrink)

This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

This timely and passionate book is the first to address itself to Harvard Law Professor Alan Dershowitz’s controversial arguments for the limited use of interrogational torture and its legalisation. Argues that the respectability Dershowitz's arguments confer on the view that torture is a legitimate weapon in the war on terror needs urgently to be countered Takes on the advocates of torture on their own utilitarian grounds Timely and passionately written, in an accessible, jargon-free style Forms part of the provocative and (...) timely _Blackwell Public Philosophy_ series. (shrink)

Torture used to be incompatible with American values. Our Bill of Rights forbids cruel and unusual punishment, and that has come to include all forms of corporal punishment except prison and death by methods purported to be painless. Americans and our government have historically condemned states that torture; we have granted asylum or refuge to those who fear it. The Senate ratified the Convention Against Torture, Congress enacted antitorture legislation, and judicial opinions spoke of "the dastardly and totally inhuman act (...) of torture.” Then came September 11. (shrink)

My aim in this paper is to demonstrate that the recent anti-Ticking Bomb argument offered by Bufacchi and Arrigo is unsuccessful. To adequately refute the Ticking Bomb strategy, I claim, requires carefully addressing both policy questions and questions involving exceptional conduct.

abstract Much of the literature on torture in recent years takes the position of denouncing the barbarity of torture, while allowing for exceptions to this veto in extreme circumstances. The ticking‐bomb argument, where a terrorist is tortured in order to extract information of a primed bomb located in a civilian area, is often invoked as one of those extreme circumstances where torture becomes justified. As the War on Terrorism intensifies, the ticking‐bomb argument has become the (...) dominant line of reasoning used by both academics and policy advisers to justify a legalized, state‐sponsored program of torture. This paper argues for the unconditional refutation of any attempt to justify torture, without exceptions. We argue against the consequentialist reasoning of the ticking‐bomb argument not from a deontological position, but on consequentialist grounds. Empirical evidence suggests that the institutionalization of torture practices creates serious problems. Torture interrogation fails to fulfil its initial purpose as a low‐cost life saver, while its long‐term potential is the devastation of democratic institutions. (shrink)

Following the September 2001 terrorist attacks on the United States, much support for torture interrogation of terrorists has emerged in the public forum, largely based on the “ticking bomb” scenario. Although deontological and virtue ethics provide incisive arguments against torture, they do not speak directly to scientists and government officials responsible for national security in a utilitarian framework. Drawing from criminology, organizational theory, social psychology, the historical record, and my interviews with military professionals, I assess the potential (...) of an official U.S. program of torture interrogation from a practical perspective. The central element of program design is a sound causal model relating input to output. I explore three principal models of how torture interrogation leads to truth: the animal instinct model, the cognitive failure model, and the data processing model. These models show why torture interrogation fails overall as a counterterrorist tactic. They also expose the processes that lead from a precision torture interrogation program to breakdowns in key institutions—health care, biomedical research, police, judiciary, and military. The breakdowns evolve from institutional dynamics that are independent of the original moral rationale. The counterargument, of course, is that in a society destroyed by terrorism there will be nothing to repair. That is why the actual causal mechanism of torture interrogation in curtailing terrorism must be elucidated by utilitarians rather than presumed. (shrink)

The ticking bomb case is meant to challenge absolute prohibitions on the use of torture. In “Imaginary Cases,” Michael Davis attempts to show that such cases can only be legitimately employed within certain limited parameters. In this paper, I explain how the ticking bomb case, suitably revised, does not run afoul of Davis’s prohibition on impossible content. The fact that torture could elicit the necessary information is enough; we need not stipulate a guaranteed result. I also (...) defend philosophers’ use of the case to identify our moral intuitions and to evaluate our theoretical assumptions. Although our responses to actual events are better at mapping our actual commitments, imaginary events can also reveal our pre-theoretic intuitions. Ultimately, however, I reject the use of the ticking bomb case on practical grounds, because the imaginary case distorts our moral reasoning in actual cases and leads to our acceptance of torture more generally. (shrink)

Some of our most fundamental moral rules are violated by the practices of torture and war. If one examines the concrete forms these practices take, can the exceptions to the rules necessary to either torture or war be justified? Fighting Hurt brings together key essays by Henry Shue on the issue of torture, and relatedly, the moral challenges surrounding the initiation and conduct of war, and features a new introduction outlining the argument of the essays, putting them into context, and (...) describing how and in what ways his position has modified over time. The first six chapters marshal arguments that have been refined over 35 years for the conclusion that torture can never be justified in any actual circumstances whatsoever. The practice of torture has nothing significant in common with the ticking bomb scenario often used in its defence, and weak U.S. statutes have loop-holes for psychological torture of the kind now favoured by CIA in the 'war against terrorism'. The other sixteen chapters maintain that for as long as wars are in fact fought, it is morally urgent to limit specific destructive practices that cannot be prohibited. Two possible exceptions to the UN Charter's prohibition on all but defensive wars, humanitarian military intervention and preventive war to eliminate WMD, are evaluated; and one possible exception to the principle of discrimination, Michael Walzer's 'supreme emergency', is sharply criticized. Two other fundamental issues about the rules for the conduct of war receive extensive controversial treatment. The first is the rules to limit the bombing of dual-use infrastructure, with a focus on alternative interpretations of the principle of proportionality that limits 'collateral damage'. The second is the moral status of the laws of war as embodied in International Humanitarian Law. It is argued that the current philosophical critique of IHL by Jeff McMahan focused on individual moral liability to attack is an intellectual dead-end and that the morally best rules are international laws that are the same for all fighters.Examining real cases, including U.S. bombing of Iraq in 1991, the Clinton Administration decision not to intervene in the 1994 Rwandan genocide, NATO bombing of Serbia in 1999, and CIA torture after 9/11 and its alternatives, this book is highly accessible to general readers who are interested in the ethical status of American political life, especially foreign policy. (shrink)

This volume brings together the most important writing on torture and the 'war on terror by one of the leading US voices in the torture debate. Philosopher and legal ethicist David Luban reflects on this contentious topic in a powerful sequence of essays including two new and previously unpublished pieces. He analyzes the trade-offs between security and human rights, as well as the connection between torture, humiliation, and human dignity, the fallacy of using ticking bomb scenarios in debates (...) about torture, and the ethics of government lawyers. The book develops an illuminating and novel conception of torture as the use of pain and suffering to communicate absolute dominance over the victim. Factually stimulating and legally informed, this volume provides the clearest analysis to date of the torture debate. It brings the story up to date by discussing the Obama administration's failure to hold torturers accountable. (shrink)

Even people who think torture is justified in certain circumstances regard it - to say the least - as undesirable, however necessary they think it is. So I approach the issue by analysing the extreme case where people such as Dershowitz, Posner and Walzer think torture is justified, the so-called ticking bomb scenario. And since the justification offered is always consequentialist - no one thinks that torture is in any way “good in itself” – I confine myself (...) to consequentialist arguments. That is to say, I take the argument on its own terms, since any non-consequentialist objection to torture merely invites the response, ‘So much the worse for non-consequentialism’: if a moral theory insists that torture is wrong even if it would save thousands of lives that just shows how wrong the theory is . I focus only on the question of the moral justifiability of torture in the ‘ticking bomb’ case, and do not not ask whether, even if admittedly immoral, it should nonetheless be legalised (see Brecher, Torture and the Ticking Bomb, Wiley-Blackwell 2007)). My main argument is in two parts: (1) the “ticking bomb” scenario falls apart when analysed; and (2), even if it did not, the likely consequences of permitting torture would be worse than the bomb’s going off. Finally I briefly consider a genuine case. Further questions and readings are appended. (shrink)

This chapter looks at how Wonder Woman uses just torture in order to save innocent people. Some people would deny that what Wonder Woman does with her golden lasso is torture. Evidently, when Wonder Woman uses her golden lasso on captured criminals to thwart some potential harm, she is exercising a form of just or righteous torture. The first ticking bomb scenario is in the pilot episode of the 1970s Wonder Woman TV series, which was set during (...) World War II. The second ticking bomb scenario is in Wonder Woman #600. Without the lasso of truth, people need to have their own way of extracting the truth from their enemies, who are always "probable enemies", in order to save lives. Thus, the best solution is the legalization of torture, with its host of torture warrants and professional torturers, modeled, in part, on the fierce and honest Amazonian, Wonder Woman. (shrink)

If one of the lessons of the ubiquitous and highly problematic ticking bomb scenario is that torture may be justified under certain narrowly specified situations, why would we not want it made available as a weapon in the government’s anti-terrorist activities? This is not a new question. It has been hotly debated, and a number of arguments have been made against the idea of formulating the torture policy on the basis of the ticking-bomb hypothetical. The (...) question that this Essay addresses is related but narrower: if one starts from the proposition that the ticking bomb scenario demonstrates that a government official facing prosecution for torture may have available the necessity defense, what implications, if any, should the government be able to draw from the existence of the defense as it formulates its torture policy? This Essay discusses, and rejects, one common answer to this question—that the nature of the necessity defense is such that it can generate no forward-looking prescriptions. This Essay then advances a new argument on the basis of the nature and function of the necessity defense as not only spelling out morally permissible instances of harm infliction but also effecting a division of power between the state and citizens. (shrink)

Can torture be justified in exceptional circumstances? In this timely work, Michelle Farrell asks how and why this question has become such a central debate. She argues that the ticking bomb scenario is a fiction which blinds us to the reality of torture and investigates what it is that that scenario fails to represent. Farrell aims to reframe how we think about torture, and critically reflects on the historical and contemporary approaches to its use in exceptional (...) situations. She demonstrates how torture, from its use in Algeria to the 'War on Terror', has been misrepresented, and appraises the legalist, extra-legalist and absolutist assessments of exception to the torture prohibition. Employing Giorgio Agamben's theory of the state of exception as a foil, Farrell deconstructs these approaches and goes on to propose her own theory of exceptional torture. (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)

This dialogue discusses a proposal for the legalization of torture under specific circumstances and contrasts it with arguments for a total ban on torture. We consider three types of objection: first, that the difficulty of having adequate knowledge renders the stock “ticking bomb” scenario such a low-probability hypothetical as to present no realistic threat to a policy banning all torture; second, that empirically the information gleaned from torture is so unlikely to be reliable that it could not (...) justify the moral risk; and third, that sanctioning torture, even if only under the most extreme circumstances, would generate a ‘culture of torture,’ hence undermining fragile advances in international human rights rooted in unwavering commitment to human dignity. Compelling as these arguments appear, not all the conversants are wholly convinced by them; to this extent the dialogue ends aporetically. (shrink)

This dialogue discusses a proposal for the legalization of torture under specific circumstances and contrasts it with arguments for a total ban on torture. We consider three types of objection: first, that the difficulty of having adequate knowledge renders the stock “ticking bomb” scenario such a low-probability hypothetical as to present no realistic threat to a policy banning all torture; second, that empirically the information gleaned from torture is so unlikely to be reliable that it could not (...) justify the moral risk; and third, that sanctioning torture, even if only under the most extreme circumstances, would generate a ‘culture of torture,’ hence undermining fragile advances in international human rights rooted in unwavering commitment to human dignity. Compelling as these arguments appear, not all the conversants are wholly convinced by them; to this extent the dialogue ends aporetically. (shrink)

Events over the last decade have returned the issue of interrogational torture to one of immediate and urgent concern, as governments attempt to circumvent the constraints of the UN Convention against Torture. Philosophers still favor variants of the ‘ticking bomb’ scenario and view with suspicion, if not incomprehension, any absolutist prohibition of torture. In this paper, I reiterate and develop an absolutist position against interrogational torture, arguing that ‘ticking bomb’ scenarios are ill-considered and offer not (...) what they purport to offer. I further make the case that assumptions behind the pro-torture position, particularly based on positive consequences of interrogational torture, are by no means as clear as apparently imagined, and that such practices challenge the very foundations of our moral lives in their attacks on notions of agency and responsibility. In any such extreme choice like the ones that torture presents, we must weigh what we might gain against what we might lose, and we always lose too much. (shrink)

Events over the last decade have returned the issue of interrogational torture to one of immediate and urgent concern, as governments attempt to circumvent the constraints of the UN Convention against Torture. Philosophers still favor variants of the ‘ticking bomb’ scenario and view with suspicion, if not incomprehension, any absolutist prohibition of torture. In this paper, I reiterate and develop an absolutist position against interrogational torture, arguing that ‘ticking bomb’ scenarios are ill-considered and offer not (...) what they purport to offer. I further make the case that assumptions behind the pro-torture position, particularly based on positive consequences of interrogational torture, are by no means as clear as apparently imagined, and that such practices challenge the very foundations of our moral lives in their attacks on notions of agency and responsibility. In any such extreme choice like the ones that torture presents, we must weigh what we might gain against what we might lose, and we always lose too much. (shrink)

After decades of receiving a lot of attention on the epistemological level, the so-called ‘problem of intuitions’ is now in the center of debates on the metaphilosophical level. One of the reasons for this lies in the unfruitfulness of the epistemological discussions that recently subsided without producing any significant or broadly accepted theory of intuitions. Consequently, the metaphilosophical level of discussion of the ‘problem of intuitions’ inherits the same difficulties of the epistemological level. The significance of Max Deutsch’s book The (...) Myth of the Intuitive is his effort to resolve these problems in a clear and persuasive way. He is not only trying to debunk problems behind the vagueness of the ‘intuition-talk’ by drawing important distinctions that usually go under the radar in the contemporary literature, but also develops his own account of philosophical methodology. In this paper I will present some of his arguments against the traditional view of intuitional methodology, as well as his own solutions to the presented problems. Regardless of Deutsch’s insightful account of the ‘problem of intuitions’, I find that some difficulties in his own proposal are inherited from the unresolved issues of intuitions on the epistemological level. (shrink)

This book addresses a dilemma at the heart of counter-terrorism: Is it ever justifiable to torture terrorists when innocent lives are at stake? The book analyses the moral arguments and presents a passionate defence of prohibition. It also examines current State practice and the models of legalising torture suggested in Israel and the US.

This book addresses a dilemma at the heart of the.

In Terrorism, Ticking Time-Bombs, and Torture, Fritz Allhoff demonstrates the weakness of the case against torture; while allowing that torture constitutes a moral wrong, he nevertheless argues that, in exceptional cases, it represents the ...

I make two arguments in this paper. First, I argue briefly that the ticking time bomb case is unrealistic and as such is liable to mislead us badly on the ground. Second, after conceding that the conditions of the ticking time bomb case might someday be realized, I argue that it may in fact be morally permissible to torture a terrorist in this case on the grounds of self-defense. My reason for making this argument is that (...) rejecting torture in even the ticking time bomb case risks discrediting objections to torture in other, more realistic cases. Yet the principle established by the ticking time bomb case is of extremely limited application. Given the extreme improbability that the conditions of this case could ever be realized, public authorities who sanction torturing someone should have to bear a heavy burden of proof that this decision was justified on the grounds of self-defense. (shrink)

Torture-lite has been advanced as a new form of interrogation that raises the prospect of offering a more ethical way of colleting the intelligence needed to protect the state. However, this paper will argue that there can be no such thing as torture-lite as this misunderstands what interrogational torture is in the first place. Interrogational torture is a form of behavioural modification that relies on breaking the individual and conditioning their responses. Torture-lite would never be able to create the self-betraying (...) effect necessary for cases such as the ticking time bomb scenario without crossing over into the higher harms caused by full torture, and is unable to force the individual to provide the required information to serve as the good in the consequentialist argument. (shrink)

Some imaginary cases lead us to surprising conclusions. Unfortunately, there exists the danger of being so distracted by these conclusions that the imaginary cases themselves escape critical examination. Using the now famous ticking time-bomb scenario as an example, I propose a simple methodology to help us better understand what role a given imaginary case should be playing in ethical discourse. In particular, I hope to show why the ticking time-bomb scenario fails to have any (...) probative value as a counter-example to anti-torture policies. Despite this, I argue that there is still an important role for cases like the ticking time-bomb scenario, as they can motivate study about some of our intuitive moral commitments. This in turn may lead us to a better understanding of what moves us to surprising ethical evaluations in the first place. (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)

Arrigo, DeBatto, Rockwood, and Mawe take issue with a number of arguments in our previous article. We respond in four major ways: pointing out that they never really take on, let alone refute, the key argument in our article—that utilitarian, deontic, and virtue ethical theories are not only consistent with the use of enhanced interrogation and torture in the ticking time bomb scenario but these prescribe it; there are numerous other exegetical problems in their article; they make (...) unsubstantiated claims about the ineffectiveness of EITSLs techniques that we argue are much too strong; and they conflate the ethical with the legal and but even in doing so miss many important issues regarding the legality of EITSLs in the war on terrorism. (shrink)