Social Injustice Issue: Torture

Social Injustice: Torture

A social injustice, as defined by the Merriam-Webster Dictionary, is an unjust act that violates the rights of another. As society changes, groups of individuals experiencing injustice often shift as well. As one thing becomes accepted, something new becomes a target. The effects of injustice can be seen in a wide range of things. Some individuals experience social isolation, discrimination, and social inequality, while others may experience all of these things as well as physical and/or mental attacks.

Torture, taking place in the form of both physical and mental violence, has been used as a means of obtaining information as well as a type of punishment for many years (Innes 2019). Examples of times that torture has been an unjust act, violating the rights of a group of individuals include African American slaves in the mid 1800’s, Jewish people throughout World War II, and the Santa Cruz massacre by the Indonesian military in the 1990’s (Stanley 2011). Although these are more extreme examples, torture and injustice still take place in other settings today.

Common injustices experienced by American’s both today and in the past include things like racial discrimination, gender inequality, discrimination due to sexual orientation, ethnicity, or religion, etc. Women are denied the same pay as men, homosexuals are denied the same marriage rights as heterosexuals, and minorities experience difficulties that the majority does not. Overtime, philosophies have been developed in an attempt to analyze and explain various views of society.

The political philosophy discussed in class that would encourage the elimination of torture is the Critical Citizenship philosophy. This philosophy is based upon views of Dr. Martin Luther King Jr. According to this philosophy, there are four criteria that determine whether a law is just or if it is unjust (Konczal 1997). The first states that any law which degrades human personality is unjust, but any law that supports it is just. Torture is degrading in the sense that physical and/or mental pain and humiliation are inflicted upon a person for the benefit or pleasure of another person. The second criteria states that an unjust law is one that a majority inflicts onto a minority. (Konczal 1997). This is found numerous times throughout history, an example being white Americans torturing African Americans during the era of slavery in the United States.

The third criteria implies that a law inflicted upon a minority that was unable to vote or influence the creation of said law is unjust. Again, we see examples of this during slavery. We also see examples of this throughout early history when women and minorities were not allowed to vote. The fourth and final criteria outlined in this philosophy is that a law is also considered unjust when it appears just on its face, but is unjust in the way that it is applied. (Konczal 1997). An example of a situation like this would be holding someone for questioning, which seems just on its face, then using physical or mental violence in order to get answers, which is unjust in its application. Overall, torture fits into all four conditions of an unjust law according to the Critical Citizenship philosophy.

On the other hand, some political philosophies support injustices rather than advocating for their elimination. The Super Patriotism philosophy enforces complete obedience to the state and its laws, therefore if the state says torture is just, then we must also find it just. The Political Cynicism philosophy believes that although the government tries to convince us that they have our interests in mind, everything that they do is really for themselves. Something is only considered unjust if it interferes with those in charge. The government is not against using torture as a means of problem solving, so therefore it is not unjust.

The Political Anarchy philosophy pushes the idea that individuals have no moral obligation to obey the government. Laws impose limitations on our rights and freedoms. This philosophy could view torture as a decision that a person is free to make, regardless of if the law says it is just or unjust. The final philosophy, Philosophical Anarchism, says that all currently existing states are illegitimate. In order for a state to become legitimate, it must be committed to egalitarianism, meaning that all people are equal and therefore deserve equal rights, volunteerism, which is the offering of one’s time or labor, and libertarianism, which is minimal government intervention in the lives of its citizens. These criteria say nothing about the use of violence on one another.

Natural law, defined in class as a system of rules and principles of human conduct that are independent of inactive law or of the systems specific to one people, is important in the elimination of torture. Under natural law, we have natural rights that override any law or government that attempts to infringe upon those rights. Examples of these natural rights include life, liberty, and the pursuit of happiness. Torture, when used on innocent people, imposes on all of these natural rights.

Positivism, another aspect of the nature of law, states that law comes from those who are in power, and that as different people come to power, laws will continuously be created or abolished. Because we have the power to vote and elect people into these positions, we must then accept the laws that come with our decisions. (Comte). Sociological jurisprudence is the continuous changing of our society and how it alters the laws along with it. An example is the newfound understanding and medical research surrounding marijuana. As opinions and stigmas have changed, laws regarding legalization both medicinally and recreationally are changing and adapting to society now. This is important in regards to torture because unlike in medieval and earlier times, torture is now seen as inhumane with better alternatives for punishment available.

The nature of man is to be devious and corrupt. Because of this, laws against torture and violence are necessary to control us. Without them, we would inflict mental and physical pain on one another due to our devious and corrupt nature. Because we are unable to control ourselves, according to the social contract we must sacrifice some of our freedoms in exchange for government protection, such as police and the laws that they enforce. This is important regarding torture because law enforcement has made torturing one another against the law, which with the social contract, we have agreed to.