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Deontology in Practice - discussing some thorny dilemmas
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Deontology in Practice -
discussing some thorny dilemmas
by Wouter Groot and Christian Groeber
4. Youtube Video
1. Federal Anti-Torture Statute
3. News Conference by Obama
2. Convention Against Torture (CAT)
Is threatening someone with torture
allowed if it leads to the resolution of a criminal case?
Utilitarian Arguments
Deontology Arguments
Utilitarian
- Dignity murderer versus dignity child
Deontologist
- Numbers and calculation irrelevant
- Torture is never allowed
Utilitarian
- Responsible for the non-actions
- Pleasure over pain
Deontologist
- Outcome or consequence irrelevant
- Utilitarian fails to distinguish good & bad
- Using person as an end, not as a means
"Waterboarding violates our ideals and values" - p.80
- Moral code
"Could we have gotten the same information without resorting to
these techniques" p.81
- Calculative, cost/benefit
- Using Humans as a means
"These kind of enhanced interrogation
techniques will make us stronger over the long term, and safer over the long term because it will put us in a position where we can still get information"
- Consequences guiding
- "Banning torture without exception"
p.80
- Respect, dignity & autonomy
Independent of consequences
- "If you start taking shortcuts, over
time that corrodes with what's
best in a people" - p.80
- Treat humans as an end
- Universalized
Deontological Approach
- equal/inalienable rights of all members of the human family
- dignity of the human person
- universal declaration of human rights
- formally known as Title 18 of chapter 113C of US Code
- three sections: definition torture, punishment for offenders/accomplice
- independent from nationality
- acts of torture outside of US
- up to 20 years in prison or even execution
- adopted by UN in 1984, ratified by US congress in 1994
- mandates administrative/legislative/judical or other measures to prevent torture in any territory under a state`s jurisdiction
- defintion torture, no justifications, terretory, compensation
Enhanced Interrogation Techniques
Facts
- 2002
- Jakob von Metzler
- Kidnapped/murdered
- Fear of threat
- Body found
- program of systematic (threats of) torture at black sites
- avowal by CIA
Conclusion
"I am absolutely convinced it was the right thing to do - not because there might have been information that was yielded by these various detainees who were subject to this treatment, but because we could have gotten this information in other ways" p.80
Utilitarian
- Moral based on Consequences
- Calculative