In this paper, I take up the task of further examining the ticking bomb argument in favor of the use of torture. In doing so, I will focus on some recent scholarship regarding ticking bomb methodology introduced by Fritz Allhoff. I will then propose a set of ticking bomb variations which, I believe, call into question some of Allhoff's conclusions. My goal is to show that ticking bomb methodology is misguided in its attempt to justify torture insofar as its proponents (...) seem to ignore certain nonconsequentialist factors that are latent in the various types of uncertainty in real-world ticking bomb cases. Once this fact is recognized, I claim, the normative claims about torture that follow can be denied by appealing to it. I then argue that, even if we grant a certain level of uncertainty within the ticking bomb argument, torture is not justified. Rather, the implementation of torture, even if it yields positive results, is nothing more than a case of moral luck. In other words, the supposed "success" of torture in the ticking bomb cases lies entirely outside the agent's control. Thus, if the outcome of the use of torture is in no way controlled by the agent, then the agent's actions cannot be justified by appealing to that outcome. (shrink)

Although standard ethical views categorize intentional torture as morally wrong, the ticking time bomb scenario is frequently offered as a legitimate counter-example that justifies the use of torture. In this scenario, a bomb has been placed in a city by a terrorist, and the only way to defuse the bomb in time is to torture a terrorist in custody for information. TTB scenarios appeal to a utilitarian “greater good” justification, yet critics maintain that the utilitarian structure depends on a questionable (...) set of hidden assumptions. Three experiments were conducted to investigate endorsement of torture when these hidden assumptions were violated. In Experiment 1, results indicated that endorsement varied as a function of the success likelihood of torture and its alternatives. In Experiment 2, people found torture to be more acceptable, less wrong, and more obligatory when the suspect in custody was described as a “terrorist” than when he was described simply as an individual, and when he was described as culpable as opposed to innocent. These results are more consistent with retributive justice than utilitarian “greater good” concerns. The results of Experiment 3 indicated that utilitarian decision profiles were not associated with lower levels of empathic concern but were instead associated with personal distress and the ability to transpose oneself into a fictitious character's experience. Across the three experiments, deontologists were more likely to reject torture than utilitarians. (shrink)

This article critically reviews what is known about the ethical status of psychologists’ putative involvement with enhanced interrogations and torture. We examine three major normative ethical accounts of EITs and conclude, contra the American Psychological Association, that reasonable arguments can be made that in certain cases the use of EITs is ethical and even, in certain circumstances, morally obligatory. We suggest that this moral question is complex as it has competing moral values involved, that is, the humane treatment of detainee (...) competes with the ethical value/duty/virtue of protecting innocent third parties. We also suggest that there is an ethical duty to minimize harm by making only judicious and morally responsible allegations against the psychologists alleged to be involved in EITs. Finally, we make recommendations regarding completing the historical record, improvements in the professional ethics code, and the moral treatment of individuals accused in this controversy. (shrink)

In 2015, the Israeli Knesset passed the force-feeding act that permits the director of the Israeli prison authority to appeal to the district court with a request to force-feed a prisoner against his expressed will. A recent position paper by top Israeli clinicians and bioethicists, published in Hebrew, advocates for force-feeding by medical professionals and presents several arguments that this would be appropriate. Here, we first posit three interrelated questions: 1. Do prisoners have a right to hunger-strike? 2. Should governing (...) institutions force-feed prisoners and/or is it ethical to force-feed prisoners? 3. Should healthcare professionals force-feed prisoners? We then focus on the first and third questions. We first briefly provide several arguments to support the right of prisoners to refuse treatment. Next, we critically review the arguments presented in the Israeli position paper, demonstrating that they are all misguided at best. Lastly, we briefly present arguments against force-feeding by medical professionals. We conclude that healthcare providers should not participate in the force-feeding of prisoners. (shrink)

On Michael Walzer's influential account, "dirty hands" characterizes the political leader's choice between absolutist moral demands (to abstain from torture) and consequentialist political reasoning (to do what is necessary to prevent the loss of innocent lives). The impulse to torture a "ticking bomb terrorist" is therefore at least partly pragmatic, straining against morality, while the desire to uphold a ban on torture is purely and properly a moral one. I challenge this Machiavellian view by reinterpreting the dilemma in the framework (...) of the Humean theory of justice and moral sentiment. By interpreting the ticking bomb scenario as a dramatic narrative, I argue that it appeals to properly moral sensibilities, which speak in favour of the use of force against the terrorist. The absolute ban on torture, by contrast, is an artificial virtue and a product of political prudence. On this account, the ticking bomb terrorist dilemma therefore imposes a different burden on the political leader from Walzer's version: an ethic of political responsibility demands that the political leader be prepared to sacrifice her moral soul by upholding the law against moral but politically imprudent demands to break it; while the ticking bomb romance appeals to her feelings of compassionate moral concern towards particular individuals. She dirties her hands morally, not by authorizing torture, but by allowing the terrorist's bomb to detonate and take the lives of the innocent. (shrink)

Surrogates’ decisions to withhold or withdraw life-sustaining treatments (LSTs) are pervasive. However, the factors influencing surrogates’ decisions to initiate LSTs are relatively unknown. We present evidence from two experiments indicating that some surrogates’ decisions about when to initiate LSTs can be predictably manipulated. Factors that influence surrogate decisions about LSTs include the patient’s cognitive state, the patient’s age, the percentage of doctors not recommending the initiation of LSTs, the percentage of patients in similar situations not wanting LSTs, and default treatment (...) settings. These results suggest that some people may use heuristics when making these important life-and-death decisions. These findings may have important moral implications for improving surrogate decisions about LSTs and reconsidering paternalism. (shrink)

There is a decided consensus that Kantian ethics yields an absolutist case against torture – that torture is morally wrong and absolutely so. I argue that while thereisa Kantian case against torture, Kantian ethics does not clearly entail absolutism about torture. I consider several arguments for a Kantian absolutist position concerning torture and explain why none are sound. I close by clarifying just what the Kantian case against torture is. My contention is that while Kantian ethics does not support a (...) variety ofmoralabsolutism about torture, it does suggest a strong version oflegalabsolutism. (shrink)

Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we use (...) in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

This paper offers a brief examination of ethical health issues arising from military operations and outlines which, if any, of these ethical health issues apply to current Australian Defence Force (ADF) military operations. The transparency of military operations provided through real time global media reporting and the Internet, has raised public awareness of incidents that can be viewed broadly as ethical issues or dilemmas. While many of these issues are not new, it is the changing context of post cold war (...) military operations and scale and demand of humanitarian operations that places new requirements on how the ADF best addresses these potential issues before they become critical incidents. In identifying potential ethical issues arising from military health operations, it is recognized that military health personnel operate within a command and control organizational structure and associated culture. It is also recognized that the complexity of the issues and the environment within which military health personnel are expected to operate will raise ethical health issues not likely to be encountered to the same degree by those health practitioners operating in the average suburban practice or hospital, except when health personnel are confronted with large scale emergencies, such as those encountered with recent terrorist attacks and massacres. (shrink)