> Dan Minette <[EMAIL PROTECTED]> wrote:

<much snippage> 
> For a number of reasons, both practical and ethical,
> the US needs to
> confirm that this will be both  policy and law and
> that violations of this [no torture, I presume -DH]
> law will be treated with the appropriate
> punishments...
 
> Finally, having stated this, I'll have to admit that
> there may be
> circumstances where I'd understand why this rule was
> violated.  (I always
> look for the exceptions to universals, even this
> one. :-) )  If the
> "ticking bomb" were something like a nuclear device
> packed somewhere in
> some container waiting customs inspections...then
> I'd probably accept "all
> means necessary" being used by the government on
> people who have a real
> chance of providing a lead.  In particular, if the
> post mortum _did_ show
> that these methods were instrumental in stopping,
> say, the Port of Houston
> from turning into glass, then I'd probably not call
> for punishment.  One of
> the ways to handle this would be the way the Israeli
> Supreme Court does:
> one cannot justify one's actions in this manner, but
> it could be a
> mitigating circumstance with respect to any
> punishment.
> 
> How about you?  If we take away the easy outs (like
> a lack of believability
> of such a claim or the existence of equally
> promising techniques that do
> not involve torture), would you make the decision to
> stick to principal and
> take a high risk of a major seaport turning to
> glass?  I realize that this
> is a hypothetical....and plenty of arguments could
> be made that this is not
> really a practical question,  but I still wonder if
> the rule that
> democracies should never resort to such actions is
> as universal as I'd like it to be.

If torture were used on "people who have a real 
chance of providing a lead" in a genuine "ticking
bomb" circumstance, by those who _know_ both quoted
conditions are true, it would meet my 'practical
idealism' requirements.  I also factor in 'what would
*I* be willing to do' in that situation -- is the
potential payoff (in terms of saving lives) worth the
stain on my soul (or spirit, or heart, for the List's
Unsouled ;} )?   I am reasonably sure that I am
capable of killing or even torture if I was certain
(1)that lives would be saved (2)the targeted person
was not an innocent (to the best of my knowledge)
(3)the conditions in quotes above exist.  I am quite
sure that I'd vomit to the point of bleeding dry
heaves afterward, and have nightmares for a very long
time, if not the rest of my life.

I don't think that torture can be official gov't
policy for reasons you listed -- that slope is just
too bloody slippery.  I'll go along with the Israeli
court outlook you provided, WRT moderating punishment
for the law-breakers.

The season finale of "24" addressed just exactly that
scenario (nuclear device stolen by terrorists, one of
whom "Jack" has his hands on -- and tortures).

Debbi
"Put down the vinegar/ Take up the honey-jar/ You'll
catch many more flies!" Maru

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