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Paper Topic:

Torture of terror suspects

Torture : History and Definition

Torture is a phenomenon that is embedded in the history of mankind , from ancient civilization to the present . It has been given many meanings but has eluded exact definition . One of the earliest definitions was given by a Third Century jurist named Ulpian , who stated that by torture , we are to understand the torment and suffering of the body in to elicit the truth . Neither interrogation by itself , nor lightly inspired fear pertains to this edict . Since , therefore , torture is to be understood as force and torment , these

are the things that determine its meaning (Peters , 1996

What can be gleaned from this particular definition is the use of the word edict . An edict , under Roman law , is a law , a proclamation , or a statute . In other words , a part of the legal system . So , it is safe to assume that , at a certain point of man 's history , torture was something considered legal

Today , in what is presumed to be a more civilized society , torture is taboo , looked down upon as inherently immoral and ontologically evil What then , spells the difference ? Is it because society today is in fact more civilized ? Robbery , rape and murder occur now as they did then . Is it because society is more organized now ? The Romans unarguably had one of the most well-organized societies in history until the empire finally collapsed . Is it because society has developed a moral conscience ? Perhaps . And this conscience can be seen in creations such as the United Nations

Today , the most relevant definition of torture can be found in the United Nations Declaration Against Torture , which provides that torture means any act by which severe pain or suffering , whether physical or mental , is intentionally inflicted by or at the instigation of a public official on a person for such purposes as obtaining from him or a third person information or confession , punishing him for an act he has committed , or intimidating him or other persons (United Nations General Assembly , 1975

The Declaration attempts to provide a fixed , universal definition of torture . However , two things must be noted : first , that as a declaration , it does not have the same binding force as a convention and second , since international law , although it uses the word law is still mainly a construct of consent , states that do not consent are not within its aegis , and are not covered by the said law

Despite its ancient existence , therefore , torture still has no definite meaning . It is a word whose definition is dictated by perception and necessity . Today , it seems that this perception and necessity is defined by an equally amorphous concept , i .e , terrorism

Peters (1996 ) found one thing common with all the definitions of torture thus far , that it is torment inflicted by a public authority for an ostensibly public purpose . Now , there is really nothing in the given definitions of torture that show its supposed inherent evil nature except that it is usually examined in...

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