Humans Rights - World Torture Essay Example | Topics and Well Written Essays - 4500 words

Humans Rights - World Torture - Essay ExampleNagan and Atkins (2001) inform that wo(e) was not evermore a defined prohibition in international, national and regional legal regimes. On the contrary, historically, social order dictated that those who were charged with the responsibility of engineering the social order were willing to work rack as an instrument for exercising effective control over others (p. 92). Complicating matters, elements of culture, religion and ideology supported the use of twinge by those in power. As a result torture was previously implicitly tolerated as necessary for promoting and safeguarding the larger interest of society. As Nagan and Atkins (2001) explain...the sensitiveness to torture requires for its efficacy that it be displaced on public enemies with a religious, cultural, or ideological mechanism of overt or tacit validation of an alleged residential district interest (usually public order, security, or law and order) (p. 92)At common law, t orture was an realized part of the legal process. It was utilise for the administration of oaths and proof of the truth of a matter could be established by the use of torture. The trial by ordeal stands as a manifestation of the historical support of the discriminative use of torture. Langbein (2006) the use of judicial torture under the Roman-Cannon statutory regime which permitted the use of physical coercion by offers of the state for the purpose of gathering evidence for judicial proceedings (p. 3).... 92) At common law, torture was an established part of the legal process. It was used for the administration of oaths and proof of the truth of a matter could be established by the use of torture. The trial by ordeal stands as a manifestation of the historical support of the judicial use of torture. Langbein (2006) the use of judicial torture under the Roman-Cannon statutory regime which permitted the use of physical coercion by offers of the state for the purpose of gathering e vidence for judicial proceedings (p. 3). State officials employ torture pursuant to the truth and for maintaining the social order often rationalized the use of torture in other ways. It was largely believed that the tortured would be redeemed and thusly experience some form of moral cleansing (Nagan and Atkins 2001, p. 92). Essentially, torture found currency with states on the basis that it was necessary for discovering the truth. The pain associated with torture was also rationalized on the basis that it benefitted the tortured by providing moral and spiritual benefits (Nagan and Atkins 2001, p. 92). Waisel (2010) explains that torture was legal for long periods of history (p. 280). Foot (2009) identifies four primary reasons that torture was historically used as a legal instrument of social control and order. Firstly, torture was used by the state pursuant to an ideology that accepted that subhuman factions existed. For instance, Greeks and Romans believed that torture was the best method for abstracting truth from slaves. Secondly, torture was believed to be the best method for obtaining the truth. Thirdly, there was