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Torture: Slippery Slopes And Swamps

7th May 2009

Over at anticant's arena I find an awesome sentence with both my name and that of Camille Paglia in it which just transcends all understanding, or at least mine:

"It is this animal craving for something simple and, I daresay, edenic that undergirds our hyperaestheticised pornography in /all/ of its post-modern dimensions. One need only read Camille Paglia to realise what a sewer of murder and phantasy and longing underlies Mr Crawford's oh-so-conscious "intellectual" speculations. He thereby gets to carry the can for us all."
It prompted me to add some further thoughts on the torture subject as a comment on the site. Not sure if the comment registered, so here it is:
Just to be clear. I do disagree with Slippery Slope arguments in general.
 
The metaphor itself is so striking that it leads to confusion, giving a sense of momentum and inexorability which are not necessarily there.
 
Contrast the issue with the metaphor of a swamp. It does not follow that if you enter a dirty smelly swamp and get dirty and smelly you are doomed to stagger on into the middle and sink without trace.
 
Second, I do think as a lawyer and a diplomat who has operated on the edges of some of the greatest moral issues of our time (Communism and Apartheid) that part of the drama of government is not so much a slippery slope as a continuum. Most issues are like that, one point shading into another and another and so on. Yet although it is impossible to say definitively at what point white turns into black along a colour spectrum, white and black are different.
 
So there is some sort of continuum between the force used in arresting people and threatening them with the stress and likely violence which comes from many years of prison, and at the far end outright torture. Both may have the same purpose - to extract information using violence or the threat of violence. Yet it does not seem right to say that we should not arrest people and confront them with the prospect of prison because that would put us on the Slippery Slope to torture.
 
So the operational policy point for decent policy makers and the people who have to implement the ensuing laws and policies - sometimes under ghastly circumstances - is indeed all about drawing distinctions somewhere along these many continuums (continua?) in a way which is morally defensible, all things considered.
 
And part of that consideration may be that by mistreating X you have good reason to hope to save A and B and C. If you decide not to mistreat X and A/B/C die in a terrorist outrage, you may never know whether information from X would have helped save them. But the relatives of A/B/C may never forgive you, and X (a true killer) may appear smirking on the TV, acquitted on a technicality of some sort.
 
That maybe is the price we pay for Civilisation. I myself incline to paying it. But I do find it unreasonable to condemn outright as vicious torturers all those citizens (including it seems former President Clinton) who look at these issues carefully and would prefer the enemies of civilisation to pay a bit more of it instead.
What a sewer of murder and phantasy and longing lies under that lot...

Older comments:
27th June 2009
Brian Barder
With respect (as diplomats say to one another when they feel deep contempt for the person so addressed; but here I actually mean it), I disagree with the argument that torture may be justified if it might, or even probably would, save innocent lives.  There's a centuries-old tradition in English jurisprudence, and now in international law, that torture is never in any circumstances justified.  The ticking bomb scenario is deeply implausible, and even if it were to occur, there could be no certainty that the person you want to torture knows the information you need to stop the bomb going off, or, even if he does, that he wouldn't give you fake information just to stop the torture.  In any case, it's immoral to torture any living organism, and most of all a fellow human, however wicked.  End of argument (for me, anyway).

But on two points I cordially agree with what I take to be your position, O Charles, Blogoirist Extraordinary and Plenipotentially.  First, it's plainly untrue that all information obtained by torture is unreliable.  It needs to be corroborated, certainly, but solid experience shows that much of it may be both genuine and extremely useful -- which doesn't mean excusing or condoning torture.  Secondly, it's neither illegal under domestic or international law for a government to receive information that may have been obtained originally by torture, provided that receiving it does not entail complicity in the original torture or any encouragement of torture.  Indeed, if those two absolute conditions are satisfied (as they were in the case of the intelligence from Uzbekistan to whose receipt and use Craig Murray objected so strongly), it would be almost criminally irresponsible for a government to refuse to receive it.  I have spelled the argument out at greater length on my own blog, at
     http://www.barder.com/ephems/422
-- see the section headed "Should we receive or use intelligence originating with agencies that practise torture?", qv.

Brian
http://www.barder.com/ephems/

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