Evolution of Torture through the Lens of Justice: Theories of Jurisprudence

  • Khushi Mahendru
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  • Khushi Mahendru

    Student at Jindal Global Law School, India

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Abstract

In the light of evolution of torture, the purpose of this paper explores the evolution of torture from the perspective of justice, focusing on the theories proposed by Immanuel Kant and John Rawls. The concept of torture has undergone significant transformation over time, with debates arising around its ethical implications and compatibility with the principles of justice. This article discusses how Kant's and Rawls' theories contribute to the understanding of torture in the context of justice. While Kant's emphasis on human dignity provides a strong moral foundation for rejecting torture, Rawls' theory explores the systemic implications of torture on societal fairness. Their theories offer distinct lenses through which to analyze the evolution of torture, highlighting the intrinsic immorality of torture and its inherent conflict with justice. By examining these philosophical perspectives, this article aims to deepen the discourse on the evolution of torture, encouraging critical reflection on its compatibility with principles of justice in contemporary society and to further conclude if it’s just.

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International Journal of Law Management and Humanities, Volume 6, Issue 4, Page 1219 - 1226

DOI: https://doij.org/10.10000/IJLMH.115496

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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