On torture 6 Sep 2007 “It is incredible what people say under the compulsion of torture, and how many lies they will tell about themselves and about others; in the end whatever the torturers want to be true is true.” Friedrich Spee von Lagenfeld, S.J., 1633 Politics
Evolution Spencer was no social Darwinian 30 Jul 20084 Oct 2017 For a while now, and in particular since I read Robert Bannister’s Social Darwinism and then actually read Herbert Spencer’s own work, I have been unable to reconcile the mythology about social Darwinism with the actual writings of Spencer himself. Supposedly the founder of the justification for robber baron capitalism,… Read More
Politics Moral atheists 16 May 2009 I find it highly ironic that the people taking the moral stand here are the atheists: It does not matter if it prevented some sort of attack. It is still a crime, it is still wrong, and those responsible for it deserve criminal prosecution. No amount of talk about 9/11… Read More
Australian stuff Why anti science? 23 Nov 2013 Over the past few decades there has been an increasingly negative attitude by governments, pundits, religiosi and faux philosophers against science. We have seen an increase in denialism about climate change (one of the most well supported scientific models of the day), vaccination, evolution, medical research in general, and the… Read More
We have seen that the use of torture, though illegal by the common law, was justified by virtue of the extraordinary power of the crown which could, in times of emergency, override the common law. We shall see that Coke in the earlier part of his career admitted the existence of this extraordinary power. He therefore saw no objection to the use of torture thus authorized. But we shall see that his views as to the existence of this extraordinary power changed, when the constitutional controversies of the seventeenth century had made it clear that the existence of any extraordinary power in the crown was incompatible with the liberty of the subject. It is not surprising therefore, that, in his later works, he states broadly that all torture is illegal. It always had been illegal by the common law, and the authority under which it had been supposed to be legalized he now denied. When we consider the revolting brutality of the continental criminal procedure, when we remember that this brutality was sometimes practised in England by the authority of the extraordinary power of the crown, we cannot but agree that this single result of the rejection of any authority other than that of the common law is almost the most valuable of the many consequences of that rejection. Torture was not indeed practised so systematically in England as on the continent; but the fact that it was possible to have recourse to it, the fact that the most powerful court in the land sanctioned it, was bound sooner or later to have a demoralising effect upon all those who had prisoners in their power. Once torture has become acclimatized in a legal system it spreads like an infectious disease. It saves the labour of investigation. It hardens and brutalizes those who have become accustomed to use it. Sir William Holdsworth, A History of English Law, vol 5, 3rd ed (1945), pp 194-195