Lang, G (2017) Legitimating Torture? Criminal Law and Philosophy, 11 (2). pp. 331-349. ISSN 1871-9791
Abstract
Steinhoff (On the ethics of torture. SUNY Press, Albany, 2013) 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.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2015, Springer. This is an author produced version of a paper published in Criminal Law and Philosophy. The final publication is available at Springer via http://dx.doi.org/10.1007/s11572-015-9372-3. Uploaded in accordance with the publisher's self-archiving policy. |
Keywords: | Torture, Defensive violence, Eliminative harming, Opportunistic harming, Legalization Institutionalization |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Arts, Humanities and Cultures (Leeds) > School of Philosophy, Religion and History of Science (Leeds) > School of Philosophy (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 28 May 2015 12:15 |
Last Modified: | 17 Jan 2018 21:35 |
Published Version: | http://dx.doi.org/10.1007/s11572-015-9372-3 |
Status: | Published |
Publisher: | Springer Verlag |
Refereed: | Yes |
Identification Number: | 10.1007/s11572-015-9372-3 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:86468 |