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Philosopy Reflection Paper #3
Philosophy and Contemporary Ideas (Liberty
University)
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Luke Dedekind
Phil 201-004
September 30th, 2021
Response Paper 3: To Torture or Not to Torture: A Moral
Dilemma
The first recognition of the legal application of torture was found in the Sumerian Code
of Ur-Nammu (21st century BC) and the Babylonian Code of Hammurabi (18th century BC)
(MAMcIntosh). Torture has been used for decades to obtain information without limitations. As
such, torture is necessary for procuring relevant information from suspects involved in a
precarious crime. However, an action to such a degree does require relevant indication for
torture to be justified.
Utilitarianism is an action that is right, if and only if, it promotes the greatest happiness
for the greatest number of people. The principle of Utility states; we ought to act to promote the
greatest balance of good over evil (Proportionalism). The pleasure principle: good = pleasure
and evil = pain. Additionally, The Benevolence Principle is to distribute happiness as widely and
as equally as possible among all people. When enacting the theory with torture, utilitarianism is
an adequate theory to use. Torture should only benefit the majority if the action is right. If we
have strong reasons to believe terrorists are planning a major attack, then utilitarianism theorizes
we “ought to act so as to promote the greatest balance of good over evil”. Therefore, according
to utilitarianism, we act on torturing the prisoner to gain the information about the attack.
Secondly, Kant began by rejecting any sort of ethics based on consequences or on
“natural inclinations”. There is only one correct motive: duty. This is the foundation for morality
which Kant called “the good will”. To do right for no other motive than it is right. Kant draws a
distinction between acting “out of” duty and acting “in accordance with” duty. The list of Kant’s
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views is known as Kantian Deontology. When correlated with torture, Kantian-duty based ethics
can go either way. It calls for good will, to do right for no other motive, but to what extent is it
classified as goodwill? When an enemy is a potential threat to a nation, is it considered “the good
will” to defend and obtain evidence to stop a major attack? Kant also says, “to do right for no
other motive than it is right.” I believe there is a line between what you think is right and what is
right, and if it means obtaining information through the act of torture, then I feel it is the right
motive.
Lastly, all persons have a built-in capacity in their human-nature to distinguish right and
wrong, or called Natural Law Theory. Moral principles are discovered intuitively or through
reasoning and reflecting on our human nature and basic human goods. Every natural kind that
exists in the universe has a nature or essence. The purpose of all things is to “fulfill their nature”
or function according to their nature (teleological view of creation). God designed creation to
function a certain way. He provided rational laws for creation to function appropriately.
Humans have the capacity for choice and therefore can choose to obey or disobey these natural
laws.
Romans 2:14-15 says, “For when the Gentiles who have not the law, do by nature the things
contained in the law, these not having the law are a law unto themselves; Who show the work of
the law written on their hearts, their conscience also bearing witness and their thoughts the
meanwhile accusing or else excusing one another” (NIV).
In conclusion, torture should be used when obtaining information, especially when a
major attack is being threatened. Torture is a tactic strategy I believe that can only be justified in
certain situations. I do not believe torture should be used for retrieving any type of information,
but only the information that threats a given nation.
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Works Cited
Barker, Kenneth L. NIV Study Bible. Grand Rapids, Mi, Zondervan Pub. House,
2011. MAMcIntosh. “Legal Codes in the Ancient World.” Brewminate, 8 June 2020,
brewminate.com/legal-codes-in-the-ancient-world/.
