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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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virtuous cycle where <strong>the</strong> state is able to gain in<strong>for</strong>mation from torture and increase <strong>the</strong> proportion <strong>of</strong><br />

knowledgeable captives in <strong>the</strong> pool; and a vicious cycle where misin<strong>for</strong>mation leads <strong>the</strong> state far<strong>the</strong>r<br />

and far<strong>the</strong>r afield, driving knowledgeable captives out. But only one <strong>of</strong> <strong>the</strong>se equilibria should be<br />

stable: as <strong>the</strong> virtuous cycle deepens, and <strong>the</strong> probability that <strong>the</strong> state is torturing a knowledgeable<br />

captive increases, <strong>the</strong> state will eventually reach a point where it is no longer credibly able to play <strong>the</strong><br />

necessary strategy <strong>of</strong> torturing when <strong>the</strong> captive appears to lie, and imprisoning when he appears to tell<br />

<strong>the</strong> truth – leading knowledgeable captives to lie, and <strong>the</strong> state to accept misin<strong>for</strong>mation. And since <strong>the</strong><br />

state does not know when it has accepted misin<strong>for</strong>mation when it does not play according to <strong>the</strong> signal,<br />

<strong>the</strong> end result will be a rapid slide downwards into misin<strong>for</strong>mation.<br />

This model explains why we see <strong>the</strong> explosive cycle <strong>of</strong> denunciations in <strong>the</strong> continental witch-<br />

trials <strong>of</strong> <strong>the</strong> 16 th and 17 th Centuries, as well as <strong>the</strong> Albigensian inquisition <strong>of</strong> <strong>the</strong> 13 th Century. In <strong>the</strong><br />

case <strong>of</strong> witchcraft, <strong>the</strong> state's (or inquisition's) priors were by definition faulty – believing that witches<br />

exist, and that only torture could bring <strong>the</strong>m to confess and name <strong>the</strong>ir confederates. Because <strong>the</strong>re<br />

could be no empirical evidence <strong>of</strong> witchcraft – that is, <strong>of</strong> <strong>the</strong> covenant with Satan, <strong>the</strong> attendance at <strong>the</strong><br />

Witches' Sabbaths, or <strong>of</strong> <strong>the</strong> use <strong>of</strong> magic – <strong>the</strong> inquisition would never find itself in a position where it<br />

would know with certainty that it had erred. In <strong>the</strong> case <strong>of</strong> heresy, <strong>the</strong> lack <strong>of</strong> any evidence o<strong>the</strong>r than<br />

confessions meant that <strong>the</strong> process would take in a larger and larger pool <strong>of</strong> suspects, regardless <strong>of</strong> guilt<br />

- even though <strong>the</strong> conspiracy in this case was real. <strong>The</strong> model also provides us with an explanation <strong>for</strong><br />

why torture fails: torture depends on an investigative apparatus to separate truth from fiction – but<br />

historically torture has been most likely to be used in cases where that apparatus is ei<strong>the</strong>r difficult or<br />

impossible to utilize. We would <strong>the</strong>re<strong>for</strong>e predict that <strong>the</strong> more a situation involving torture<br />

approximates this condition, <strong>the</strong> more likely it is to devolve into a cycle <strong>of</strong> denunciations, marked by an<br />

increase in <strong>the</strong> number <strong>of</strong> captives over time. If <strong>the</strong> <strong>the</strong>ory is incorrect, <strong>the</strong>n torture should lead to a<br />

decreasing number <strong>of</strong> captives, as <strong>the</strong> ignorant are winnowed out, and <strong>the</strong> members <strong>of</strong> <strong>the</strong> conspiracy<br />

are wound up.<br />

2.5. Evaluating <strong>the</strong> Model through Case Studies<br />

Any statistical evaluation <strong>of</strong> how well torture works would be hamstrung from <strong>the</strong> start by <strong>the</strong><br />

deliberate lack <strong>of</strong> systematic in<strong>for</strong>mation on how states torture: states, even when <strong>the</strong>y do ga<strong>the</strong>r such<br />

in<strong>for</strong>mation, have no incentive to make it publicly available and even if <strong>the</strong>y did <strong>the</strong>y would have no<br />

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