" The conduct it encourages must be regrettable in itself rather than in virtue of any further effects it may bring about, however predictably."

In more layman's terms, these two requirements translate into a code that makes people act in ways that defeats the overall purpose of the code and that encourages regrettable conduct.

Dershowitz's line of reasoning comes closet to Pogge's requirement that a moral code must cause people to act in ways that defeat the overall purpose of the code for it to require change. Because moral code doesn't allow torture, it occurs more frequent because it is conducted covertly. This is flawed logic at its worse. Consider the following analogy: a) Murder is illegal. b) Murder still occurs frequently. c) Legalize murder so we can better control it. This may seem extreme, but that's how absurd Dershowitz's statements are when placed in the context of a logical methodology such as Pogge's. On the other hand, the U.S. might try to justify its actions by stating the moral codes encourage regrettable conduct. That is, prisoners are able to withhold information about terrorist activities because moral codes protect them from torture. but, as Executive Director of Amnesty International, William Schulz, so aptly explains:

The reason torture is such a risky proposition is exactly because it is so difficult to tell ahead of time who is a terrorist and who is not; who has the information and who does not; who will give the information accurately and who will deceive; who will respond to torture and who will endure it as a religious discipline."

Given any of Schulz's objections, it's easy to see why more regrettable conduct results from breaking moral codes than abiding by them.

Pogge concludes his book by acknowledging that there is considerable disagreement for what constraints acceptable morality must satisfy and that consensus in these rather than continuous moral debate holds the key to moral convergence. Post September 11th hysteria has caused people to lose sight of the need for human rights as international moral and legal codes that protect people from abuse. Rather than focusing on the fear and what constitutes acceptable morality, the attention should turn to moral codes and a formal methodology such as Pogge's for revisiting them. As we saw when exploring Dershowitz and actions by the United States, unsound justifications for breaking moral codes are more readily identified. Certainly, the unraveling of basic fundamental...

2003. Available:
http://edition.cnn.com/2003/LAW/03/03/cnna.Dershowitz/(Accessed 11 May 2005).

Freed Detainee Describes Guantanamo Torture." ABC News Online 30 Jan. 2005. Available:

http://www.abc.net.au/news/newsitems/200501/s1291925.htm (Accessed 11 May 2005).

Mercer, Phil. "Fresh Guantanamo Torture Claims." BBC News 13 Feb. 2005. Available: http://news.bbc.co.uk/2/hi/asia-pacific/4262095.stm (Accessed 11 May 2005).

Pogge, Thomas. World Poverty and Human Rights. Cambridge: Polity. Press, 2002

Pope, Kenneth S. And Garcia-Peltoniemi, Rosa E., "Responding to Victims of Torture: Clinical Issues, Professional Responsibilities and Useful Resources." Professional Psychology: Research and Practice, vol. 22, #4, Available:

http://kspope.com/torvic/torture1.php#copy (Accessed 11 May 2005).

Schulz, William. Tainted Legacy. New York: Thunder's Mouth Press.

Schulz, William. Tainted Legacy. New York: Thunder's Mouth Press, p. 156.

Dershowitz: Torture Could Be Justified." CNN 4 Mar. 2003. Available:

http://edition.cnn.com/2003/LAW/03/03/cnna.Dershowitz/(Accessed 11 May 2005).

Pope, Kenneth S. And Garcia-Peltoniemi, Rosa E., "Responding to Victims of Torture: Clinical Issues, Professional Responsibilities and Useful Resources." Professional Psychology: Research and Practice, vol. 22, #4, Available:

http://kspope.com/torvic/torture1.php#copy (Accessed 11 May 2005).

Mercer, Phil. "Fresh Guantanamo Torture Claims." BBC News 13 Feb. 2005. Available: http://news.bbc.co.uk/2/hi/asia-pacific/4262095.stm (Accessed 11 May 2005).

Freed Detainee Describes Guantanamo Torture." ABC News Online 30 Jan. 2005. Available:

http://www.abc.net.au/news/newsitems/200501/s1291925.htm (Accessed 11 May 2005).

Editorial: Torture Today." America Magazine 19 Nov. 2001, Vol. 185 No. 16. Available:

http://www.americamagazine.org/editorial.cfm?articleTypeID=3&textID=1244&issueID=351(Accessed 11 May 2005).

Pogge, Thomas. World Poverty and Human Rights. Cambridge: Polity. Press, 2002, p. 75.

Schulz, William. Tainted Legacy. New York: Thunder's Mouth Press, p. 164.

Pogge, Thomas. World Poverty and Human Rights. Cambridge: Polity. Press, 2002, p. 90.