World Affairs- The Journal Of International Issues
  • Year: 2020
  • Volume: 24
  • Issue: 4

Evaluating the moral permissibility of torture is the legalisation of torture the path forward?

  • Author:
  • Gunav Gujral
  • Total Page Count: 12
  • Published Online: Mar 9, 2021
  • Page Number: 58 to 69

Abstract

State-sponsored “torture” means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person by a public official or by a person with the consent of a public official. It is a depravity impossible to obliterate. This article however asserts that torture may be justified in certain circumstances when it is conducted to prevent grave risk or danger. It first argues for the moral permissibility of torture using the principle of the greatest good for the greatest number correlated to the ticking time bomb hypothetical. This essay then establishes that torture is a common occurrence around the world, albeit below the radar of accountability. In conclusion, it proposes that the regulation and legalisation of some forms of torture would be a better alternative to the pragmatically unworkable idealistic absolute ban on torture.