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Torture by Any Other Name
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It comes down to that. We're either a rule-of-law nation -- or we're not. We can't invent definitions of torture for one type of person that wouldn't be acceptable for another, no matter how much we may despise or distrust him. As Graham put it: "I don't love the terrorists, I just love what Americans stand for."
Meanwhile, how trustworthy are the confessions of the tortured? Not very, according to those who know.
Most important, we can hardly present ourselves as arbiters and protectors of human rights when we selectively abuse those in our custody, no matter how compelling our cause. When we parse definitions of "mental pain" and "suffering," we begin to slip down the slope of moral ambiguity where deceit finds company among the dead.
The lawyers who wrote these now-public opinions clearly were looking for ways out of a moral quandary -- how to square the means with the end. And doubtless many Americans agree that protecting the United States against terrorist attacks justified nearly any method.
Almost daily I receive a recycled 2002 quote by Harvard law professor Alan Dershowitz, who argued in a "60 Minutes" interview that most people would justify torture under certain circumstances:
"Is there anybody who wouldn't use torture to save the life of his child? And if you would, isn't it a bit selfish to say, 'It's okay to save my child's life, but it's not okay to save the life of 1,000 strangers?' That's the way people will think about it."
In his book "Shouting Fire: Civil Liberties in a Turbulent Age," Dershowitz proposes that since torture is a given under those certain circumstances, then "torture warrants" should be issued by a judge.
He is right that most of us would do whatever necessary to save our child, possibly even torture a kidnapper. Likewise, if we stumbled upon someone trying to harm a loved one, we would kill the attacker if necessary to stop him.
But those are both darkly impassioned environments. It is by the cool light of day that we devise our laws. And it is by that same light that we judge our actions.
When we ask if something is torture, the answer is another question: What kind of people should we be?
