Can Torture Be Justified? | Stephen Kershnar

We welcome back Stephen Kershnar to discuss the ethics of torture. Kershnar argues that some criminals deserve torture because severe wrongdoing can cause a person to forfeit protections against extreme punishment. He critiques the idea that there are moral constraints the state must never cross.

The dialogue also examines objections to torture concerning human dignity, bodily integrity, and the dangers of granting the state such power.

Chapters

[00:00] Introduction

[00:43] Why Punitive Torture?

[04:57] Defining Torture

[08:22] Solitary Confinement Today

[10:15] Deterrence versus Retribution

[19:19] Can Rights Be Forfeited?

[29:54] Contracts You Cannot Exit

[34:30] Consent, Punishment, and Efficiency

[37:28] Demographics and Equality

[45:48] Punitive Rape Debate

[48:05] Side Constraints on Torture

[53:40] Third Party Harms

[58:06] Closing Remarks

Subscribe on Substack: https://braininavat.substack.com/