I offer an argument for why torture, as an act of state-sponsored force to gain information crucial to the well-being of the common good, should be considered as a tactic of war, and therefore scrutinized in terms of just war theory. I argue that, for those committed to the justifiability of the use of force, most of the popular arguments against all acts of torture are unpersuasive because the logic behind them would forbid equally any act of mutilating or killing (...) in battle. I will also argue that looking at torture through the perspective of the just war tradition forces us to place strictures on the practice that make it hard to justify, helps us to see why torture should never be legalized, helps us to clarify when circumstances might justify torture, and suggests what sort of character is required to recognize when those circumstances have occurred. (shrink)

Journal of Social Philosophy, EarlyView.

J. M. Bernstein argues that to capture the depths of the harm of torture, we need to do away with the idea that we possess intrinsic and inviolable worth. If personhood is inviolable, then torture can inflict only apparent harm on our standing as persons. Bernstein claims that torture is a paradigm of moral injury because it causes what he calls “devastation”: The victim experiences an actual degradation of his or her personhood. Bernstein argues that our value is given to (...) us through mutual recognition and hence can be lost. In this paper, I argue that if our human value can be lost, then it first must be built up. If it must be built up, then the question of our status before the building begins must be answered. Bernstein faces a problem of human beings who fall outside relations of mutual recognition and hence are valueless. His best option for answering this problem is to point to the centrality of the body in his account of recognition, but doing so reveals a notion of intrinsic worth implicit in his account. I call for a revision of Bernstein's account that can hold on to devastation without eschewing intrinsic worth. (shrink)

This article proposes a three-step model of empathy. It assumes that people have various empathy-related mechanisms available and thus can be described as hyper-empathic (Step 1). Under these conditions, the question of blocking and controlling empathy becomes a central issue to channel empathic attention and to avoid self-loss (Step 2). It is assumed that empathy can be sustained only when these mechanisms of controlling empathy are bypassed (Step 3). In particular, the article proposes a three-person scenario with one observing a (...) conflict of two others. By taking the side of one of the combatants, the observer is led into empathizing, perhaps to justify her/his earlier side-taking. (shrink)

Journal of Social Philosophy, EarlyView.