Steinhoff (On the ethics of torture. SUNY Press, Albany, 2013) defends themoral and legal permissibility of torture in a limited range of circumstances. This article criticizes Steinhoff’s arguments. The analogy between ordinary defensive violence and
defensive torture which Steinhoff argues for is partly spoiled by the presence, withindefensive torture, of opportunistic harm, in addition to eliminative harm. Steinhoff’s arguments that the mere legalization of defensive torture would not metastasize into a more full-fledged institutionalization of torture are also found wanting. As a minimal form of institutionalization, the mere legalization of torture would already be at risk of further entrenchment and growth.

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EB00000003952K			Available