
Trussed and Quartered
Secondary Rules
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The Importance of Human Dignity in Torture
The main issue is whether we want to do certain things in the course of war, and let's have that debate instead of quibbling over the definition of torture. It could simply be a product of the fact that it has always been treated as differently in positive law, in doctrinal law, in a number of jurisdictions. But there seems to be something about human dignity that torture is an affront to that - which is not affronted by capital punishment. I think you are saying we should have more trouble getting our heads around than them.
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