Asked if he believed interrogators should be able to legally torture an innocent person to death if they had evidence the person knew about a major public threat, such as the September 11 attacks, Professor Bagaric replied: "Yes, you could."
Applying utilitarian cost-benefit calculations to matters of human lives is tricky; taking the strict numerical approach, it should be OK to kill an innocent person to harvest their kidneys if it would save the lives of two terminally ill patients; after all, the net gain is one life. Of course, Bagaric and Clarke are not asserting such an absolute a-life-for-a-life arithmetic, though by allowing the killing of the innocent to save others, they are crossing a line towards it. And that is not even looking at the question of whether torture works (the value of testimony obtained under torture has been somewhat dubious).
Anyway, I suspect that Bagaric and Clarke's law lectures are probably going to become a lot less quiet.
Please keep comments on topic and to the point. Inappropriate comments may be deleted.
Note that markup is stripped from comments; URLs will be automatically converted into links.