Type of paper:Â | Essay |
Categories:Â | Punishment Human rights Social issue |
Pages: | 2 |
Wordcount: | 456 words |
Supporters of natural law will perceive torture as an immoral act that does not deserve a place in human society. The basis of their negation of this act is because it does not fall within the frameworks of naturality with which natural law is contained. In this manner, a supporter of natural will regard torture as immoral, undemocratic and wrong (Parry, 2010). A typical example illustrating this point is that torture, an inhumane way of interrogation, has no place in the natural setup of human beings. As such, there is no reason for its use.
How Would a Legal Positivist View the Use of Torture?
Naturally, legal positivists view torture as a wrong method of interrogating interrogations. Within their frameworks, they believe that individuals are accepting this practice consider such choices based on the disambiguated concepts that remain salient in discussions seeking to justify or disapprove torture (Kramer, 2014). In this perspective, the morality of the practice remains questionable because. For instance, they will demand the moral perspective of torture based on the argument that the practice is a politicized way of handling individuals.
How Would a Legal Realist View the Use of Torture?
Legal realists will vote for the use of torture. Their support for this practice is, however, dependent on the ground with which it is used. For instance, they will highly support it if torture is used to grill terrorists so that they can release information that may avert terrorist attacks aiming at killing many people. While denying normative arguments on the subject, legal realists assert that torture is the only way getting masses of the hook of terrorists' intentions (Thomas & Leo, 2010).
References
Kramer, M. H. (2014). Torture and moral integrity: A philosophical inquiry. Oxford: Oxford University Press, 2014. Retrieved from https://books.google.co.ke/books?id=mC2TAwAAQBAJ&printsec=frontcover&dq=legal+positivism+and+torture&hl=en&sa=X&ved=0ahUKEwj33LirnObgAhWQAGMBHXzzDyAQ6AEILjAB#v=onepage&q=legal%20positivism%20and%20torture&f=false
Parry, J. T. (2010). Understanding Torture: Law, violence, and political identity. Ann Arbor, Mich: University of Michigan Press. Retrieved from https://books.google.co.ke/books?id=5FON6JUkZHkC&printsec=frontcover&dq=natural+law+and+torture&hl=en&sa=X&ved=0ahUKEwi75uu9mebgAhVeAGMBHbBPAJgQ6AEILjAB#v=onepage&q=natural%20law%20and%20torture&f=false
Thomas, G. C., & Leo, R. A. (2012). Confessions of Guilt: From Torture to Miranda and beyond. New York: Oxford University Press. Retrieved from https://books.google.co.ke/books?id=LX7W98PgkvwC&pg=PA5&dq=legal+realism+and+torture&hl=en&sa=X&ved=0ahUKEwjk0vGAoebgAhXM2OAKHQxRBpoQ6AEILjAB#v=onepage&q=legal%20realism%20and%20torture&f=false
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