Friday, August 9, 2019
Humans Rights - World Torture Essay Example | Topics and Well Written Essays - 4500 words
Humans Rights - World Torture - Essay Example Nagan and Atkins (2001) inform that torture was not always a defined prohibition in international, national and regional legal regimes. On the contrary, historically, social order dictated that those who were charged with the responsibility of engineering the social order were willing to ââ¬Å"use torture as an instrumentâ⬠for exercising ââ¬Å"effective control over othersâ⬠(p. 92). Complicating matters, elements of culture, religion and ideology supported the use of torture by those in power. As a result torture was previously implicitly tolerated as necessary for promoting and safeguarding the larger interest of society. As Nagan and Atkins (2001) explain: ...the predisposition to torture requires for its efficacy that it be displaced on public enemies with a religious, cultural, or ideological mechanism of overt or tacit validation of an alleged community interest (usually public order, security, or law and order) (p. 92) At common law, torture was an established part of the legal process. It was used for the administration of oaths and proof of the truth of a matter could be established by the use of torture. The trial by ordeal stands as a manifestation of the historical support of the judicial use of torture. Langbein (2006) the use of ââ¬Å"judicial tortureâ⬠under the Roman-Cannon statutory regime which permitted ââ¬Å"the use of physical coercion by offers of the stateâ⬠for the purpose of gathering ââ¬Å"evidence for judicial proceedingsâ⬠(p. 3).... 92) At common law, torture was an established part of the legal process. It was used for the administration of oaths and proof of the truth of a matter could be established by the use of torture. The trial by ordeal stands as a manifestation of the historical support of the judicial use of torture. Langbein (2006) the use of ââ¬Å"judicial tortureâ⬠under the Roman-Cannon statutory regime which permitted ââ¬Å"the use of physical coercion by offers of the stateâ⬠for the purpose of gathering ââ¬Å"evidence for judicial proceedingsâ⬠(p. 3). State officials using torture pursuant to the truth and for maintaining the social order often rationalized the use of torture in other ways. It was largely believed that the tortured would be redeemed and thus experience some form of ââ¬Å"moral cleansingâ⬠(Nagan and Atkins 2001, p. 92). Essentially, torture found currency with states on the basis that it was necessary for discovering the truth. The pain associated with t orture was also rationalized on the basis that it benefitted the tortured by providing ââ¬Å"moral and spiritualâ⬠benefits (Nagan and Atkins 2001, p. 92). Waisel (2010) explains that torture was legal for ââ¬Å"long periods of historyâ⬠(p. 280). Foot (2009) identifies four primary reasons that torture was historically used as a legal instrument of social control and order. Firstly, torture was used by the state pursuant to an ideology that accepted that subhuman factions existed. For instance, Greeks and Romans believed that torture was the best method for abstracting truth from slaves. Secondly, torture was believed to be the best method for obtaining the truth. Thirdly, there was
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