2008/09/01 by George Hunsinger · 1 citation
Social Sciences · Arts and Humanities · Psychology · #Torture, Ethics, and Law #War, Ethics, and Justification #Global Peace and Security Dynamics #Torture #Law #Political science #Criminology #Psychology #Human rights
paper · pdf · doi:10.1111/j.1540-6385.2008.00397.x
openalex publication_date 2008/09/01 · openalex created_date 2025/10/10 · openalex updated_date 2026/07/23
Abstract : The essay asks whether the ‘necessity defense’ can be used to legitimate torture. By modifying the criteria so as to fit the case, it is argued that torture fails to meet the established norms of the historic just‐war tradition, which also underlie international law. ‘Interrogational,’‘terroristic,’ and ‘demonic’ aspects of torture are distinguished along the way. It is concluded that torture admits no necessity by which it can be justified.