Premise
The basic ethical debate is often presented as a matter of deontological versus utilitarian viewpoint. A utilitarian thinker may believe, when the overall outcome of lives saved due to torture are positive, torture can be justified; the intended outcome of an action is held as the primary factor in determining its merit or morality. The opposite view is the deontological, from Greek "deon" (duty), which proposes general rules and values that are to be respected regardless of outcome. However, if the outcome of policies allowing torture are uncertain (or if the outcome can not be definitely traced back to the use of torture) then there can be a utilitarian view that torture is wrong (see issues related to the ends justifying the means in analysis of the ticking time bomb scenario).
It has been suggested that one of the reasons torture endures is that torture indeed works in some instances to extract information/confession if those who are being tortured are indeed guilty. Richard Posner, a highly influential judge on the United States Court of Appeals for the Seventh Circuit, further argue that "If torture is the only means of obtaining the information necessary to prevent the detonation of a nuclear bomb in Times Square, torture should be used—and will be used—to obtain the information.... No one who doubts that this is the case should be in a position of responsibility."
A utilitarian argument against torture is that the majority of tortures are employed not as a method of extracting information, but as a method of terrorising and subjugating the population, enabling state forces to dispense with ordinary means of establishing innocence or guilt and with the whole legal apparatus altogether. Therefore, it is better that a few individuals be killed by bombers than a much greater number—possibly thousands of innocent people—are tortured and murdered and legal and constitutional provisions destroyed. During the investigation of Italian Prime Minister, Aldo Moro's kidnapping, General Carlo Alberto Dalla Chiesa reportedly responded to a member of the security services who suggested torture against a suspect, "Italy can survive the loss of Aldo Moro. It would not survive the introduction of torture."
Read more about this topic: Ethical Arguments Regarding Torture
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