Liberal democracies who perpetrate torture represent an apparent paradox: a flagrant violation of human rights by states supposedly dedicated to protecting human rights. In liberal democracies, the political, social, and legal narratives used to justify torture portray torture as an individual act motivated by important moral values. This individualized torture narrative then shapes the moral framework through which the public, policy-makers, and individual torturers view torture, and masks the institutional nature of torture perpetration. It is this interaction between an individualized (...) torture narrative and the moral framework of torture that distinguishes democratic perpetrators (Critchell et al. 2017, 9-10) from nondemocratic perpetrators of torture. Yet, the implementation of a torture program in a democratic state is remarkably similar to the implementation of a torture program in a nondemocratic state. In both cases, torture is an institutionalized practice given moral and political meaning through broad social and political narratives. This chapter uses the post-9/11 US torture program as a case study of a democratic perpetrator in order to explore the interaction between democratic narratives of torture, state implementation of torture, and the moral psychology of individual torturers. This permits a way of thinking about torture perpetration that goes beyond a myopic focus on torture as individual act to understand the interaction and mutual reinforcement of different forms of torture perpetration. This analysis also offers a starting point from which to consider how to resist and oppose torture narratives that sustain democratic tortue, a question I explore in the conclusion of this chapter. (shrink)

By executive order—later passed into law—President Obama closed legal loopholes used to justify torture by his predecessor. Less often discussed, his administration also instituted scientific research into the most effective interrogation techniques. This dual-track approach already demands the use of two different methods to properly discuss the policy, and in this article, a third is put forward for a fuller interdisciplinary view. That is to say, although there are notable shortcomings, scientific and legal developments will be explored to illuminate how (...) he also clarified a moral stance for the nation. Put all together, this article will show that Obama indeed achieved laudable steps towards preventing the reintroduction of torture. (shrink)

Prison as a Torturous Institution Philosophers working on torture have largely failed to address the widespread use of torture in the U.S. prison system. Drawing on a victim-focused definition of torture, I argue that the U.S. prison system is a torturous institution in which direct torture occurs (the use of solitary confinement) and in which torture is allowed to occur through the toleration of sexual assault of inmates and the conditions of mass incarceration. The use and toleration of torture expresses (...) and reinforces the moral exclusion of those subjected to it, particularly African Americans. Importantly, this moral exclusion and the experience of torture may be created and reinforced through institutional practices independently of the intentions of individuals acting within those institutions. By prioritizing torture victims’ experiences and severing the link between torture and intention, my account forces a recognition that, far from being inconsistent with U.S. values, torture is deeply embedded within U.S. institutions. (shrink)