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Norms, perverse effects, and torture
Published online by Cambridge University Press: 09 February 2015
Abstract
If torture is both ethically odious and usually ineffective as an interrogation method, why have states, especially democratic ones, practiced it? This paper develops a theoretical response to this puzzle by extending constructivist understandings of normative effects. I argue that the norm prohibiting torture has the perverse effect of making torture more attractive to some political leaders in two ways: first, the norm attracts those who are looking for an outside-the-box solution to challenging intelligence-gathering scenarios; second, the norm offers political leaders a narrative of heroism in which they sacrifice their morality for the greater good. I illustrate these explanations with the example of torture in the United States war on terror. My argument suggests that norms can shape the interests even of those who do not follow their scripts, implying that the scope of normative impact may be much wider than previously believed.
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