But let's be clear about what is unprecedented: not the torture, but the openness. Past administrations kept their "black ops" secret; the crimes were sanctioned but they were committed in the shadows, officially denied and condemned. The Bush administration has broken this deal: post-9/11, it demanded the right to torture without shame, legitimised by new definitions and new laws.
Despite all the talk of outsourced torture, the real innovation has been in-sourcing, with prisoners being abused by US citizens in US-run prisons and transported to third countries in US planes. It is this departure from clandestine etiquette that has so much of the military and intelligence community up in arms: Bush has robbed everyone of plausible deniability. This shift is of huge significance. When torture is covertly practised but officially and legally repudiated, there is still hope that if atrocities are exposed, justice could prevail. When torture is pseudo-legal and those responsible deny that it is torture, what dies is what Hannah Arendt called "the juridical person in man". Soon victims no longer bother to search for justice, so sure are they of the futility, and danger, of that quest. This is a larger mirror of what happens inside the torture chamber, when prisoners are told they can scream all they want because no one can hear them and no one is going to save them.
Natural Law Theory
4 hours ago