Comments on: Alan Dershowitz Defends Torture…”in Extraordinary Circumstances” http://jdasovic.com/2008/04/08/alan-dershowitz-defends-torturein-extraordinary-circumstances/ A blog about doing and teaching Comparative Politics and International Relations, with some Southeastern European Politics thrown in to spice things up Thu, 09 Feb 2012 07:37:24 +0000 hourly 1 http://wordpress.com/ By: jd http://jdasovic.com/2008/04/08/alan-dershowitz-defends-torturein-extraordinary-circumstances/#comment-136 Wed, 09 Apr 2008 23:06:37 +0000 http://josipdasovic.wordpress.com/?p=423#comment-136 Actually, at times Dershowitz was unclear as to whether the “ticking-bomb” scenario has come to fruition. He mentions the case of the German kidnapper and claims that the it was only after the kidnapper had boasted to police that the kid was going to die that the German police “considered torture”. I’m not sure what he means by “consider”. That does not necessitate actually going through with the torture.

His logic behind the “torture warrant” is his belief that we are torturing anyway, so we may as well create a structure in which there is the highest amount of democratic accountability (more horizontal than vertical) and where those who would choose to torture (the executive branch, specifically) are checked by an potent and aggressive judiciary. This would be similar to the FISA court, which was set up after Richard Nixon’s hate-hate relationship with the rule of law was uncovered.

]]> By: georgegeorge http://jdasovic.com/2008/04/08/alan-dershowitz-defends-torturein-extraordinary-circumstances/#comment-133 Wed, 09 Apr 2008 03:36:23 +0000 http://josipdasovic.wordpress.com/?p=423#comment-133 I would like to learn more about his logic behind the “torture warrant” and the cases in which the “ticking time bomb” scenario actually occurred. It was reassuring to first learn that the “ticking time bomb” scenario does not occur often when I first read “No Torture, No Exceptions”, yet I guess it does occur occasionally according to Dershowitz. I do believe that torture is wrong in countless ways, so what is the reasoning behind his idea of the “torture warrant?” I guess if the detainee is bragging, as Dershowitz said, and it is certain that he has valuable life-saving information then torture is warranted? It is a public official’s duty to make important and crucial decisions. But I have difficulty of allowing this torture in the first place. If hundreds/thousands/millions of lives can be saved because of one person, can this person be tortured until we receive this information? This is an imperfect world and these situations do occur. Yet, aren’t we part of the problem if we aren’t part of the solution? Or however that saying goes. This is definitely a heated, difficult, and sensitive issue yet I am glad that Dershowitz makes the point that we need to talk about it. It is better we publicly discuss then allow things to hide.

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