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So, I admit this is a well-written, convincing argument. It's appreciated! But I still find it contrasts with common sense (and my own lying eyes). I can, say, imagine authorities arresting me and demanding to know my email password. I would not cooperate, and I would expect to be able to get access to a lawyer before long. In reality there's only one way they'd get the password: torturing me. And in that case, they'd get the password immediately. It would be fast and effective. I'm still going to trust the knowledge that torture would work perfectly on me over a sociological essay, no matter how eloquent.
Admittedly passwords make for something like an ideal case for torture in that they can be easily communicated in full and be quickly and unambiguously checked for correctness. I don't know if any other kind of information meets those requirements. Overall, given precedents, I think a blanket ban on judiciary torture is worth a lot more than the marginal improvements in investigation effectiveness, even from a coldly utilitarian perspective, much like a blanket ban on killing patients to harvest their organs is well worth the loss of a small number of additional organs, even if those are perfectly good for use.
Absolutely. And I'm totally being a pedant about a policy I'm in complete agreement with. But this nitpicking is still valuable - if we as a society understand that we're banning torture for very good ideological reasons, then we won't be so tempted to backslide the next time a crisis (like 9/11) arises and people start noticing that (arguably) torture might help us track down more terrorists. Like how some people forget that free speech ideals are important beyond simply making sure that we don't violate the 1st amendment.
Then I guess we agree after all, especially about the nitpicking. Cheers!
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