Show Summary Details

Page of

PRINTED FROM OXFORD HANDBOOKS ONLINE (www.oxfordhandbooks.com). © Oxford University Press, 2018. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a title in Oxford Handbooks Online for personal use (for details see Privacy Policy and Legal Notice).

date: 26 February 2020

Abstract and Keywords

This chapter examines torture in relation to rescue, prevention, and punishment, beginning with a discussion of what torture is and the differences among various legal and philosophical conceptions of torture. It analyses the legal definitions of torture proposed by the UN Convention Against Torture, and Other Cruel, Inhumane or Degrading Treatment or Punishment; the US Torture Statute; Henry Shue; and David Sussman. These conceptions of torture focus on the type of pain and suffering being inflicted as well as their purposes and by whom and when they are inflicted. The chapter considers hypothetical cases that address whether torture is permissible and involve officials who know the perpetrator and expect what he would do. It also explores other categories of people whom it might be useful to torture aside from a perpetrator whose being tortured will save only his own victim from the harm he would cause.

Keywords: torture, rescue, prevention, punishment, US Torture Statute (USTS), Shue, Sussman, suffering, harm, statistical deaths

Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.

Please subscribe or login to access full text content.

If you have purchased a print title that contains an access token, please see the token for information about how to register your code.

For questions on access or troubleshooting, please check our FAQs, and if you can''t find the answer there, please contact us.