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The Torturer's Dilemma: Analyzing the Logic of Torture for Information

The Torturer's Dilemma: Analyzing the Logic of Torture for Information

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Jack Bauer was used as justification <strong>for</strong> torture by highly placed members <strong>of</strong> <strong>the</strong> US government: '24'<br />

was used as an inspiration by <strong>of</strong>ficials such as Diane Beaver, John Yoo and Homeland Security chief<br />

Michael Chert<strong>of</strong>f. No less a personage than US Supreme Court Justice Antonin Scalia argued at a<br />

public venue that “Jack Bauer saved Los Angeles … he has saved hundreds <strong>of</strong> thousands <strong>of</strong> lives (…)<br />

[a]re you going to convict Jack Bauer?” (Lithwick) If even elites <strong>the</strong>mselves are vulnerable to<br />

mistaking fantasy <strong>for</strong> reality when it comes to torture, <strong>the</strong>n it should be no surprise that torture should<br />

persist even if it fails in real life.<br />

As noted by Rejali (2007), torture has been subject to evolutionary constraints: as democracy<br />

has spread, and <strong>the</strong> international anti-torture regime has gained moral suasion during <strong>the</strong> last half <strong>of</strong> <strong>the</strong><br />

twentieth century, torture increasingly took on a non-scarring <strong>for</strong>m, leading even authoritarian<br />

governments to prefer methods like electricity, water and stress positions to boiling and butchery. But<br />

torture has not evolved in any more effective or painful direction – methods do not spread according to<br />

how well <strong>the</strong>y work but according to taste, tradition and historical memory. Nei<strong>the</strong>r has science<br />

pierced <strong>the</strong> veil that separates <strong>the</strong> experience <strong>of</strong> pain from one body to <strong>the</strong> next. In fact, torture remains<br />

what it always has been – pain – and resembles nothing so much as <strong>the</strong> false promise that 'will',<br />

however conceived, can triumph over petty reality. Ultimately, if <strong>the</strong> state cannot or will not pay <strong>the</strong><br />

cost <strong>of</strong> distinguishing truth from fiction, <strong>the</strong>n <strong>the</strong>re is no reason ever to tell <strong>the</strong> truth under torture – and<br />

any pain inflicted is simply more suffering added to a world that already has seen more than enough.<br />

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