No Straw Men

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July 23rd, 2008 · by Jonathan Rick

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July 15th, 2008 · by Jonathan Rick

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July 15th, 2008 · by Jonathan Rick

Published in the Spectator (Hamilton College), April 30, 2004.


To Torture or Not to Torture?

By Jonathan Rick

We know the general location, we know it will happen in the next 24 hours, and we’re confident the person we’ve nabbed knows what, where and when.
1 The question before us: to torture or not to torture?


Although we’ve now heard Attorney General-nominee Alberto Gonzales condemn the practice, seen Specialist Charles Granger sentenced to 10 years for committing it, and read half a dozen new books highlighting the route from Gonzales’ keyboard to Granger’s fists, it seems we are no closer to an answer. We urgently need one, but the very subject makes us wince and demur, insulated by the cliché, “Out of sight, out of mind.” Of course, this only perpetuates the problem, for without the check of a national debate, government defaults to its worst instincts. Here, then, is a modest start in addressing today’s moral imperative.


We should first remember that this hypothetical represents an emergency, and since emergencies distort context, they make it tortuous to retain a fully rational resolution. Similarly, emergencies are emergencies—people do not live in lifeboats—so such context should not form the basis for formulating official policy

Nonetheless, torture advocates argue that the end justifies the means, which amounts to an often obvious but equally precarious utilitarian calculus: had we, say, captured a 20th 9/11 hijacker on 9/10, many would have doubtless approved his torture to elicit information. Advocates also argue that once we determine a suspect knows something, he thereby becomes a threat and forfeits his rights. Playing Col. Nathan R. Jessup in A Few Good Men (1992), Jack Nicholson memorably crystallized the point: “[W]e live in a world that has walls, and those walls need to be guarded by men with guns. Who’s gonna do it? You?. . . . [D]eep down in places you don’t talk about at parties, you want me on that wall. You need me on that wall.” Thus, torture is a “necessary evil,”2 made particularly imperative by a post-9/11—and now post-3/11 (Madrid)—world.

Of course, governments have always used the excuse of an emergency to broaden their powers. Referring to the French Revolution, Robespierre declared that one cannot “expect to make an omelet without breaking eggs.” The Soviets alleged that their purges were “temporary.” The Nazis said extraordinary times necessitated extraordinary measures. And, in the same way, 45 days after 9/11, in government’s characteristic distortion of words, Congress adopted the so-called Patriot Act (which in the heat of the moment many of the lawmakers voting for it did not even read, in whole or in part). Then, 13 months later, the Bush administration floated a second Patriot Act. Such is the pattern of and path toward despotism.


And yet, the renowned civil libertarian, Alan Dershowitz, is perhaps torture’s most famous advocate. Dershowitz favors restricting the practice to “imminent” and “large-scale” circumstances.
3 But, again, by such seemingly small steps we creep further toward the Rubicon: since we have already surrendered such power, a precedent has been established, and the rest is only a matter of details and time.


Indeed, once we legitimate torture to save New York City, it becomes much easier to legitimate its use to save “just” Manhattan. And then “just” Times Square. And then “just” the World Trade Center. Before we let a judge issue what Deroshowitz terms “torture warrants” on a case-by-case basis, we need to define our criteria precisely. Are they to save a million people? A thousand? A hundred? The President? Members of the Cabinet? Senators? Only in cases involving a “weapon of mass destruction”?


Similarly, if torture makes terrorists sing, as it often does in foreign countries,
4 why shouldn’t we use it against potential terrorists? And then to break child pornography rings and to catch rapists?5 And then against drug dealers and prostitutes? After reading of endless abuses by government officials using forfeiture, I.R.S. audits, graft, payoffs, kickbacks and the like, it is naïve to think that once we collectively sanction torture, that torture would somehow be exempt from the temptress of absolute power.6 Do not say it cannot happen in America. It already has.


1 This is the “ticking-bomb” hypothetical, which Michael Walzer described in “Political Action: The Problem of Dirty Hands,” Philosophy and Public Affairs 2, 1973, 166–67, and Alan Dershowitz popularized in Why Terrorism Works: Understanding the Threat, Responding to the Challenge (2002). But as Arthur Silber of the LightofReason blog notes, we should modify this Hollywood fantasy. Arthur Silber, “Some Additional Thoughts on Torture—and Some Observations from Hannah Arendt,” LightofReason.com, March 15, 2003.


For instance, has the suspect confessed to knowledge and refuses to spill it, or does he profess not to know anything when we believe he does?


Postscript (12/10/05): The conservative analyst Andrew Sullivan adds, “In practice, of course, the likelihood of such a scenario is extraordinarily remote. Uncovering a terrorist plot is hard enough; capturing a conspirator involved in that plot is even harder; and realizing in advance that the person knows the whereabouts of the bomb is nearly impossible.” Andrew Sullivan, “The Abolition of Torture,” New Republic, December 19, 2005.


2 The term “necessary evil” is contradictory. Explains psychotherapist Michael Hurd: “[T]here are no necessary evils. If something is truly evil, there’s no way it can be necessary, and if it is truly necessary to the well-being of a rational man’s life, it’s not evil, but good.” Michael J. Hurd, “Neither Noble Nor Peaceful,” DrHurd.com December 13, 2002.


See also Irfan Khawaja, “Do We Have to Get Our Hands Dirty to Win the War on Terrorism? And What Does That Mean, Exactly?,” History News Network, May 17, 2004.


3 Alan Dershowitz, “Is There a Torturous Road to Justice?,” Los Angeles Times, November 8, 2001.

6 This is a slippery-slope argument, the philosophy of which Eugene Volokh and David Newman defend in “In Defense of the Slippery Slope,” Legal Affairs, March-April 2003.

7 Alan Dershowitz, “Is There a Torturous Road to Justice?,” Los Angeles Times, November 8, 2001.

8 Michael Ignatieff, “Lesser Evils,” New York Times Magazine, May 2, 2004. <http://www.nytimes.com/2004/05/02/magazine/02TERROR.html>

10 Christopher Hitchens, “Prison Mutiny,” Slate, May 4, 2004. <http://slate.msn.com/id/2099888/>

11 Michael Ignatieff, “Lesser Evils,” New York Times Magazine, May 2, 2004. <http://www.nytimes.com/2004/05/02/magazine/02TERROR.html>

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July 14th, 2008 · by Jonathan Rick

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June 24th, 2008 · by Jonathan Rick

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