Keith Burgess-Jackson, J.D., Ph.D.

I leave you this fine evening with an essay by Peter Wehner, who takes a moderate deontological approach to torture (as I do). A moderate deontologist holds that torture is intrinsically but not absolutely wrong. In other words, there is a presumption against it. Think of the presumption of innocence in criminal law. The burden of proof is on the prosecutor, who must establish guilt beyond a reasonable doubt. In the case of torture, the burden of proof is on the would-be torturer, who must show that there is a high probability that the act will produce information that will prevent a great evil. Sometimes it is wrong to torture. Sometimes it is wrong not to torture.