bluepheonix
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But there are no acts which can be defined, in and of themselves, as torture. Take the example of claustrophobia given above: locking someone in a small, dark closet make bring terror, or it may bring relaxation; it may be tortuous to the one, and pleasant to the other. Even being burned while living may not be torture; I recall footage of a Buddhist monk who burned himself in protest of something or other, and -- this gave everyone in the class total heebie-jeebies -- he say smiling as he burned.
Quote:
Originally Posted by bluepheonix View Post
Take your definition, by which 'torture' is depended on capitulation. Under such a definition, torture could not fail, for as long as the mental forbearance of the second party remains intact, there has been no mental event leading to capitulation. No one could be tortured to death, no innocent or uninvolved individual could be tortured, as they lack to ability to capitulate, it therefore becomes patently absurd to define the actions as torture only in relation to their final outcome.
One cannot be tortured in this context without the direct actions of the 1st party.
You may be touching on a distinction in purpose: inflicting the intolerable to achieve capitulation, vs. inflicting the intolerable without caring about capitulation.
But I think capitulation is the essential element in both. No sadist would inflict pain on someone who merely say and hummed, or as a certain Roman philosopher once did, warned that if his afflictor continued applying pressure as he did, the philosopher's arm would break, and once it broke, merely said, I told you that would happen. "Torture" depends on, and thus is defined by, what takes place in the mind of the subject/victim: whether as an attempt to extract information, or merely to cause agony, there is no torture unless the subject 'feels' tortured.
No there are no acts in and of themselves which constitute torture, but nor does it solely rely on what the victim perceives. Assessing whether or not something it torture requires assessment of the intent of the afflictor, the act itself, and the perception of the victim. Take for instance what would be an interrogation complicit with international law. The interrogators would obviously act in a way which shows the victim has no chance of escape, they would be intending to bring about capitulation, and these two facts, combined with knowledge of their crime causes the target of interrogation severe emotional distress, which can in certain instance be so bad as to lead to suicide. In what practical sense can this be labelled as torture? The intent and perception are comparable, but the act itself of lawful interrogation is to benign to reasonably be called torture.
Take another example of a mentally ill patient being forcibly restrained and tube fed, in which case the mental and physical distress would be present, with the act itself, assuming a comparable lack of understanding of what was happening, enough to bring about such mental and physical distress in a reasonable person. In what practical sense does that constitute torture? The intent of the afflictor is clearly not to induce pain or suffering, but to help the victim, does this mitigate the circumstances in which it is done?
Finally this example you gave
But there are no acts which can be defined, in and of themselves, as torture. Take the example of claustrophobia given above: locking someone in a small, dark closet make bring terror, or it may bring relaxation; it may be tortuous to the one, and pleasant to the other.
As I recall this was done by police to extract information, knowing the phobias of the individual. In this case, the police intentionally acted to induce fear for the purpose of attaining capitulation but using a severe phobia of an individual, and using methods outside the standards reasonably acceptable (cruel and unusual methods if you will), they succeeded in inflicting severe emotional distress on the victim. I dont know what you would classify locking someone in a dark cupboard as, but in this case I would most definately classify it as torture.
So kuli what is it exactly that you are trying to achieve in your definition, what TYPE of torture are you trying to define,
a practical legal definition, eg "For the purposes of this Convention, torture means any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. "
A philosophical convention with no practical application?
or a common vanilla definition of torture, "omg that chem final was torture"


















