Arguments against Torture: Penal Guarantees and Defects of Utilitarianism
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By suggesting two complementary lines of reasoning, this paper argues against torture and its legalization. The first argument is focused on the incompatibility of torture with penal guarantees and with the publicity of procedures and trials. The second is focused on the utilitarian dilemma of the ticking bomb, and it shows that consequentialism, when it draws moral legitimization from political consequences, can be rebutted because of a factual and a hypothetical error.