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Prohibition against compelling testimony against one's self. |
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prohibition against cruel and unusual punishment. |
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Can we justify torture in an individual case? |
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Dershowitz says yes, but there should be SOME limits |
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Can we justify by the government? |
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Dershowitz says yes, but with some limitations. Best approach to "control" torture is by requiring a judge to issue a torture warrant. |
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Torture is justified in the individual ticking bomb case |
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Institutionalized governmental torture is |
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okay because we already allow the government to do worse things |
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Of course there should be SOME limits to torture power |
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relies on slippery slope argument |
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Dershowitz' 4 specific arguments for institutionalized torture under the control of judicial warrents |
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1) benefits of having a high official make the decisions to torture; 2) arguments from history that a formal system of torture is easier to control and get rid of from the system; 3) the torture warrants requirement better protects the rights of the suspects; 4) a formal requirement of a judicial warrant would better protect the rights of the suspects |
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Socrates would be against torture because |
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acting unjustly damages the soul since the soul is the most valuable thing that we have |
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argues in favor of torturing terrorists |
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Bentham in regards to torture |
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supports non-lethal torture |
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Torture of one guilty person to prevent the torture of 100 innocent people |
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