Position Paper (Ethics)
Position Paper (Ethics)
I think the best solution to the extra judicial killing is by applying present rule utilitarianism's reply to
this argument. I describe how rule utilitarians analyze morality. Ruleutilitarians conclude that
torture must be banned unconditionally for two reasons. First, the benefits of allowing some
torture are marginal and uncertain, while the costs are substantial, given the distinct likelihood of
unnecessary torture. Second, allowing some torture might drive a slippery slope to torture in less
justifiable circumstances. Numerous inherent epistemic barriers and conceptual obstacles
distinguish torture and killing. First, to interpret the preconditions for torture correctly, officials
must overcome the modal problem of distinguishing possible dangers and actual threats, and then
overcome—conceptual vagueness in the terms "imminence" and "catastrophe." Second, our
inability to distinguish false and truthful disclosures of subjects causes the infliction of
unnecessary pain. Third, conceptual vagueness in the term "suspect," only exacerbated by the
frustration of war, makes torture more susceptible to the slippery slope. Finally, because
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prohibition of torture epitomizes the legal archetype of non-brutality, legalizing torture has a
unique ability to affect other laws.
Rule utilitarians thus offer two explanations for why a blackletter legal rule forbidding torture is
superior to a flexible standard that allows torture in designated circumstances. First, the benefits
of a flexible standard are marginal and uncertain, while the costs are substantial, given the
likelihood of unnecessary torture. Second, a standard allowing some torture might drive a
slippery slope to more torture. But why do these same concerns not also persuade rule utilitarians
to ban legal killing?" A flexible legal standard allows killing in designated circumstances.
Unnecessary killing and a slippery slope to more killing are certainly possible. Torture is more
likely to result in unnecessary pain and two reasons for why torture is more vulnerable to
slippery slope problems.