Jump to ContentJump to Main Navigation
Terrorism, Ticking Time-Bombs, and TortureA Philosophical Analysis$
Users without a subscription are not able to see the full content.

Fritz Allhoff

Print publication date: 2012

Print ISBN-13: 9780226014838

Published to Chicago Scholarship Online: September 2013

DOI: 10.7208/chicago/9780226014821.001.0001

Show Summary Details
Page of

PRINTED FROM CHICAGO SCHOLARSHIP ONLINE (www.chicago.universitypressscholarship.com). (c) Copyright University of Chicago Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in CHSO for personal use (for details see http://www.chicago.universitypressscholarship.com/page/privacy-policy).date: 19 July 2018

Ex Ante and Ex Post Justifications

Ex Ante and Ex Post Justifications

Chapter:
(p.174) (p.175) 8 Ex Ante and Ex Post Justifications
Source:
Terrorism, Ticking Time-Bombs, and Torture
Author(s):

Fritz Allhoff

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226014821.003.0008

This chapter concerns the legislative and judicial pragmatics of torture. In particular, if torture can be justified in exceptional cases, how should it be procedurally authorized? In the literature, there are three basic approaches to authorizing torture. The first is not to authorize it at all, which is to say that torture, even if justified, requires some sort of punishable civil disobedience. The second approach is to authorize torture ex ante, such as through torture warrants. On this approach, torture remains prohibited except when a judge grants permission for its application. Torture warrants have been recently defended by Alan Dershowitz, and his proposal is considered here. Finally, torture can be handled ex post. It remains illegal but can, nevertheless, be legally justified or excused. This chapter’s discussion will focus on the justifications of self-defense and necessity.

Keywords:   torture, civil disobedience, self-defense, torture warrants, justifications, Alan Dershowitz

Chicago Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs, and if you can't find the answer there, please contact us.