Is Torture Justified

1449 Words6 Pages
Introduction Torture is any procedure that inflicts pain on a person, regardless of the circumstances and goals, regardless of whether the punishment ends with this procedure or if a person is deprived of life. Such a type of punishment was often used by civil servants to obtain information from defendants. This is especially true of America. The purpose of this work is to determine whether torture can be justified, whether they violate the human rights and standards of morality in a free American society. What is Torture Before starting a study, it should be clarified what is torture? Torture is a deliberate infliction of severe physical pain or physical or moral suffering by causing beatings, torture or other violent acts in order to force…show more content…
The Convention against Torture was signed more than 30 years ago. This Convention states that all people have freedom and equality and that torture can not be applied to them. Unlike most norms in the field of human rights protection, this prohibition does not know the indent under any circumstances, and its violation can not be justified. It is known that the legal status of a person is regulated, first of all, by the norms of the national legislation of the state in whose territory it resides. However, an important role in regulating human rights and freedoms is played by international legal acts. After all, the US Constitution states that existing international treaties are part of national legislation. Therefore, when considering the issue of the prohibition of torture in the United States, it should be emphasized that the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984), to which the United States joined in 1988, are the main instruments for the prohibition of torture. It should be emphasized that similar rules on the prohibition of torture, with some peculiarities of their wording, are also enshrined in a number of other international legal instruments, such as Article 7 of the International Covenant on Civil and Political Rights, which provides that no one can be subjected to torture and Cruel, inhuman or degrading treatment or punishment, as…show more content…
As for the ontological theory, it finds out the basic, fundamental principles of being, first of all, of the essential. Just here and analyzed the existence of man. And nobody can take away his life. Deontological theory focuses on the doctrine of the problems of morality, and torture is the greatest violation of morality, therefore this theory can not justify such punishment in the same way. Utilitarianism is regarded as an idealistic philosophical and ethical doctrine, which is based on the assessment of things, objects, processes, phenomena in terms of their usefulness, the possibility of their use to achieve goals and meet needs. This theory can partly justify torture, because this practice is used to achieve the goals. It is through torture that people receive the necessary information or things from other people that is useful to them. They get it for this benefit. However, such a phenomenon is severely condemned by the theory of Natural Law, which states that the main source of law is nature itself, and not the will of the legislator. All human sociality is a derivative of natural law. Natural law forms the basis of the social organization of society, and the very social organization of society arises as a means of ensuring the natural human right. Therefore, any attempts at the completeness of its natural law will ultimately harm the social organization of society.

More about Is Torture Justified

Open Document