Hare R M
University of Florida.
J Med Ethics. 1993 Sep;19(3):138-41. doi: 10.1136/jme.19.3.138.
Torture does need to be defined if we are to know exactly what we are seeking to ban; but no single definition will do, because there are many possible ones, and we may want to treat different practices that might be called torture differently. Compare the case of homicide; we do not want to punish manslaughter as severely as murder, and may not want to punish killing in self-defence at all. There are degrees of torture as of murder. Unclarities simply play into the hands of would-be torturers. Downie is unsuccessful in deriving the duty of doctors not to be involved in torture from an analysis of the word `doctor'. It may be contrary to the role-duty of doctors to participate in torture; but there might be other duties which overrode this role-duty. The right approach is to ask what principles for the conduct of doctors have the highest acceptance-utility, or, as Kant might have equivalently put it, what the impartial furtherance of everyone's ends demands. This approach yields the result that torture (suitably defined) should be banned absolutely. It also yields prescriptions for the conduct of doctors where, in spite of them, torture is taking place.
如果我们想要确切地知道我们试图禁止的是什么,那么就需要对酷刑进行定义;但没有一个单一的定义能涵盖所有情况,因为可能的定义有很多,而且我们可能希望对那些可能被称为酷刑的不同行为区别对待。比较一下杀人的情况;我们不想像惩罚谋杀那样严厉地惩罚过失杀人,而且可能根本不想惩罚自卫杀人。酷刑如同谋杀一样也有程度之分。含混不清只会让潜在的施刑者得逞。唐尼未能从对“医生”一词的分析中得出医生不参与酷刑的义务。参与酷刑可能违背医生的角色职责;但可能还有其他职责会凌驾于这一角色职责之上。正确的做法是去问,对于医生行为而言,哪些原则具有最高的接受效用,或者,用康德可能会等效表述的话来说,每个人目的的公正推进需要什么。这种方法得出的结果是,(经过适当定义的)酷刑应该被绝对禁止。它还为医生在尽管有禁令但酷刑仍在发生时的行为给出了规定。