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On Torture,
or Cruel,
Inhuman,and
/
Degrading
Treatment*/
BY TALAL ASAD
in
In thispaper I discussthemodernconceptionof "cruelty,"
in
Article
of
5
the
as
Universal
represented
particular
Human
Declaration
Rights:"No one shall be subjectedto
of
tortureor to cruel, inhuman or degrading treatmentor
punishment."In this statementthe adjectives qualifying
or punishment"
seemto indicateformsof behavior
"treatment
thatif not quite equivalentto "torture,"at least have a close
withit.
affinity
Moral and legaljudgmentsthatderivefromthisrule have
an interesting
historyin the West,to whichI shall advertin
whatfollows.I wantto advance the thesisthatthe universal
rules enshrinedin the Declarationcover a wide range of
kindsofbehavior.Moreprecisely,
different
I shall
qualitatively
four
to
make
that
the
modern
try
points: first,
historyof
* An earlyversionof thispaperwasreadfirstin Bellagioat a conference
on "Social
in July1994; I thankthe organizersArthurKleinman,Veena Das, and
Suffering"
MaragaretLock fortheirhelpfulresponses.Laterversionswereread at seminarsin
The NewSchoolforSocialResearch,The University
of California
at SantaCruz,The
New York University,
and The University
of Sussex at
JohnsHopkinsUniversity,
I am grateful
to each of theseaudiencesfortheircriticisms
and comments.
Brighton.
In particular,I have benefitted
fromcriticalsuggestionsmade by the following:
VickiHattam,KiraKosnick,
Jonathan
Boyarin,
JeffGoldfarb,
JimMiller,KeithNield,
DavidScott,Don Scott,and BrianStreet.
DavidSchneider,
SOCIAL RESEARCH, Vol. 63, No. 4 (Winter1996)
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1082
SOCIAL
RESEARCH
This content downloaded from 192.76.177.125 on Sun, 12 Jul 2015 17:57:51 UTC
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ON TORTURE
1083
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1084
SOCIAL
RESEARCH
This content downloaded from 192.76.177.125 on Sun, 12 Jul 2015 17:57:51 UTC
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ON TORTURE
1085
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1086
SOCIAL
RESEARCH
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ON TORTURE
1087
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1088
SOCIAL
RESEARCH
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ON TORTURE
1089
of
proof-whichrequiredeitherconfessionor the testimony
to convict-declinedin forcein the seventwo eyewitnesses
evidence
teenthcentury.Increasingresortto circumstantial
moreeasilyand speedily.The abolitionof
securedconvictions
judicial torturewas, thus,in effectthe moralcondemnation
and legal proscriptionof an extremelycumbersomeand
lengthyprocedurethatwas now comingto be regarded as
moreor lessredundant.Langbeinimpliesthatthemoraltruth
of a
aboutjudicialtorturewas linkedto thepriorconstruction
newconceptof legal truth(Langbein,1977).
was the object of vigorouspolemic in the
When torture
JeremyBenthamcame to the conclusion
eighteenthcentury,
thatthe pain of tortureis sometimeseasiertojustifythanthe
In thecourseof
in thenameof punishment.
inflicted
suffering
he maintained,for example,thatCourtsof
thisjustification
in cases of contemptmight
Law resortingto imprisonment
findthe applicationof physicalpain, or even the threatof
applyingit,wouldsecureobediencein a way"lesspenal" than
prison:
in prisonfora monthor two
A manmayhavebeenlingering
beforehe wouldmakeanswerto a questionwhichat theworst
withone strokeof therack,and therefore
almostalwayswith
thathe mightbe made to sufferthe rack,he
onlyknowing
ina moment;
wouldhaveanswered
justas a manwilllingeron a
Monthwiththe Toothach[sic]whichhe mighthave saved
fromat theexpenseofa momentary
himself
pang.5
It is not Bentham'sapparentrefusalto distinguishbetween
voluntaryand involuntary
subjectionto pain thatshould be
notedhere. It is the idea thatsubjectiveexperiencesof pain
can be objectivelycompared. This idea is crucial for the
modern understandingof "cruel, inhuman and degrading
in a cross-cultural
treatment"
context,althoughliberalstoday
wouldstrongly
Bentham's
viewregardingtheoccasional
reject
of tortureto imprisonment.
For it is precisely
preferability
in suffering
some notionof comparability
thatmakesof long
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1090
SOCIAL
RESEARCH
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ON TORTURE
1091
in
not itselfdemocratic,broughtabout moralimprovements
behavior-thatis, the abandonmentof practicesthatoffend
againstthehuman.
in thistransformation
weremodernlegal,
Majorinstruments
and educational practices. And a central
administrative,
categorydeployed in them was the modern categoryof
law.JamesRead writes:
customary
Of all therestrictions
of customary
laws
upontheapplication
the
colonial
the
test
of
'to
during
period,
repugnancy justiceor
was
the
most
forcustomary
laws
morality' potentially
sweeping:
couldhardly
be repugnant
to thetraditional
senseofjusticeor
of thecommunity
whichstillacceptedthem,and it is
morality
clearthatthejusticeor morality
therefore
ofthecolonialpower
wastoprovidethestandard
tobe applied.
Read pointsout that the phrase "repugnantto justice and
does nothavea preciselegalmeaning,and thatearly
morality"
legislationin the coloniessometimesemployedotherexpresand humanity,"
sions,suchas "notopposed to naturalmorality
to performthesame revolutionary
work(Read, 1972,p. 175).
But moraland social progressin thosecountrieshas been
uneven.AlthoughEuropeanstriedto suppresscruelpractices
and formsof suffering
thatwerepreviously
takenforgranted
in thenon-Europeanworldbymakingthepractitioners
legally
the
was
not
successful.
culpable, suppression
alwayscompletely
is takenup by
Today thestruggleto eliminatesocialsuffering
theUnitedNations.Or so thestorygoes.
I wantto propose,however,thatin theirattemptto outlaw
customsthe European rulersconsideredcruel it was not the
concern with indigenous sufferingthat dominated their
thinking,but the desire to impose what they considered
civilizedstandardsof justice and humanityon a subject
population-thatis, thedesireto createnew humansubjects.7
The anguishof subjectscompelledunder threatof punishmentto abandontraditional
practices-nowlegallybrandedas
to
and
or as "opposed to natural
"repugnant justice
morality,"
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1092
SOCIAL
RESEARCH
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ON TORTURE
1093
disinterested
reasons;or theymayindulgein itfromthelowest
forthealmsthey
whether
ofpersonal
motives
aggrandizement,
and
localeclatthat
distinction
or
for
the
receive
personal
might
iswhether
itmaybringthem;butthequestion
publicopinionin
actsoftheperformers,
isnotopposedtotheexternal
thiscountry
and
to the dictatesof humanity
as beingin factrepugnant
their
who
witness
to
all
and
to
themselves
may
demoralizing
I amoftheopinionthatthevoiceof Indiamost
performances.
thatis tosay,notonlythe
towithrespect,
tobe listened
entitled
voiceof the advancedschoolthathas receivedsomeof the
with
and hasbeenpermeated
education
ofwestern
advantages
non-Oriental
ideas,butalsothevoiceofthosewhoseviewsoflife
derivedfromAsiatic
havebeenmainly
ofconduct
andpropriety
timehadarrived
for
that
the
would
philosophy, gladlyproclaim
of itspeopleto effectively
in theinterests
theGovernment
put
of self-torture
exhibitions
downall degrading
(Dirks,unpublished,pp. 9-10).
declaredthattheyfelt
themselves
The factthattheperformers
no pain was irrelevant.So, too, was the plea thatthiswas a
werenotacceptable.It
religiousrite.Such claimsto difference
was the offencegiven by the performanceto a particular
different
conceptof being human thatreduced qualitatively
kindsof behaviorto a singlestandard.
was obtainedby listening
of its offensiveness
Confirmation
to somecolonizedvoicesonly.The latterincludedIndianswho
confirmawere directlywesternized.But, more significantly,
tionwas providedalso by thosewho accepteda westernized
Fromthe pointof view
exegesisof theirAsiaticphilosophy.10
of moral progress,the voices of those who took up a
reactionary
positioncould notbe attendedto.
in
Clearly, the cause of moralprogresstherewas suffering
I think,is not merelythat
Whatis interesting,
and suffering.
wereto be takenmoreseriouslythan
someformsof suffering
as opposedto "necessary"
others,butthat"inhuman"suffering
or "inevitable"sufferingwas regarded as being essentially
and thereforelegallypunishable.Pain endured in
gratuitous
themovementtowardbecoming"fullyhuman,"however,was
necessaryin the sensethatthereweresocialor moralreasons
whyit had to be suffered.This view is of a piece withthe
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1094
SOCIAL
RESEARCH
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ON TORTURE
1095
and unlikeliberal-democratic
torture,
governments,
theyhave
used it freelyagainsttheirown citizens.But the remarkable
featureof this case is the scrupulousconcernof a liberaldemocraticstatewithcalibratingthe amountof pain thatis
legallyallowable.There is evidentlya concernthattoomuch
pain should not be applied. It is assumed that "moderate
pressure"is at once necessaryand
physicaland psychological
to secureconfession.Beyondthatquantity,
sufficient
pressure
is held to be excessive(gratuitous)and therefore
presumably
becomes"torture."13
Otherstatesin theMiddleEastare rarely
so punctilious-or so modernin theirreasoning.
The use of tortureby liberal-democratic
statesrelatesto
theirattemptto controlpopulationsthatare not citizens.In
such cases, torture cannot be attributedto "primitive
urges"- as Scottsuggested;nor to governmental
techniques
for discipliningcitizens,as Rejali has argued. It is to be
understoodas a practicallogicintegralto the maintenanceof
thenationstate'ssovereignty.
Like warfare.
The categoryof tortureis no longerlimitedto applications
of physicalpain: it now includes psychologicalcoercionin
which disorientation,
isolation,and brainwashingare emin our day functionsnot only to
"torture"
Indeed,
ployed.
denotebehavioractuallyprohibitedbylaw,butalso desiredto
be so prohibitedin accordance with changingconceptsof
"inhumane"treatment
(forexample,the publicexecutionor
of
and child abuse, as well as animal
criminals,
flogging
and foxhunting).
experiments,
factory
farming,
This wider categoryof torture"or cruel, inhuman and
degrading treatment"could in theorybe applied to the
anguish and mental sufferingexperienced by people in
societiesobliged to give up theirbeliefsand "become fully
human"(in thesenseunderstoodby Euro-Americans).But by
a curiousparadox it is a versionof relativismthatprevents
suchan applicationof thecategory.For theanguishis itselfthe
in theTruthof beliefs
consequenceof a passionateinvestment
thatguidebehavior.The modernskeptical
posture,in contrast,
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1096
SOCIAL
RESEARCH
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ON TORTURE
1097
as
of 1899;15buttheriseof 'thing-killing'
HagueConvention
is
an
examto
weapons-heavyartillery
opposed man-killing
and
inflicted
grosssuffering
ple-whichby theirside-effects
As a resultrestraints
invalidated
theserestraints.
disfigurement,
of many
werecastto thewinds,and it is nowa desiredeffect
and
wounds
as
terrible
that
inflict
they
man-killing
weapons
for
is
filled
The
as
mine,
instance,
terrifyingpossible. claymore
withmetalcubes. . . , the clusterbombwithjagged metal
tears
in bothcasesbecausethatshapeof projectile
fragments,
thana smooth-bodied
one.The
moreextensively
and fractures
HEAT and HESH roundsfiredbyanti-tank
gunsaredesigned
of metal
of armoredvehicleswithshowers
to filltheinterior
thetankby
of moltenmetal,so disabling
or streams
splinters
disliked
forethicalreasonseven
itscrew.Andnapalm,
disabling
an ingredient
which
contains
minded
soldiers,
bymanytough
increasesthe adhesionof the burningpetrolto humanskin
in
so successful
overthepastcentury
surfaces.
Military
surgeons,
of
wounded
soldiers
and
wounds
repairing
resuscitating
have thus now to meet a challengeof
growingseverity,
conceivedto defeattheirskills
wounding
agentsdeliberately
(Keegan,1978,pp. 329-30).
One mightadd to thisthatthe manufacture,
possession,and
of
of
mass
destruction
(chemical,
weapons
deployment
nuclear, and biological) must be counted as instancesof
declared governmentalreadiness to engage in "cruel,
inhumanand degradingtreatment"againstcivilianpopulationseven when theyare not actuallyused. In brief,cruel
moderntechnologiesof destructionare integralto modern
warfare,and modernwarfareis an activityessentialto the
and powerof the modernstate,on whichthewelfare
security
of itscitizensdepends. In war,the modernstate
and identity
demandsfromits citizensnot only thattheykill and maim
others,but also that theythemselvessuffercruel pain and
death.16
So how can the calculatedcrueltiesof modern battle be
reconciled with the modern sensibilityregarding pain?
essence.
As in state
Preciselyby treatingpain as a quantifiable
an
can
made
to
be
measure
the
torture, attempt
physical
in
modern
in
inflicted
warfare
accordance
with
the
suffering
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1098
SOCIAL
RESEARCH
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ON TORTURE
1099
But there is
pain. This sometimesleads to contradictions.
another kind of contradictionwhich is characteristicof
modernsociallife.
Moderns are aware of situationsin which the sharp
separationbetweenthe negativeexperienceof pain and the
positiveexperienceof pleasureare inseparable.Sadomasochto manypeople preciselybecause here they
ism is disturbing
thatis no longersimplypainful.
withsuffering
are confronted
It is at once pain and the oppositeof pain. Two centuriesof
powerfulcriticismdirected at the Utilitarian'scalculus of
pleasureversuspain has notdestroyedthecommonsenseview
thatthesetwoexperiencesshouldbe mutuallyexclusive.Yet,
the twoare intimately
of suffering
in the eroticization
linked,
and it is activelysoughtbysome.
Handbook
Here is an extractfroma sadomasochist
published
recently:
Because I consideranyattemptto defineSM in a singleconcise
or masochism-I
phraseto be the ultimateexercisein futilityto add yetanotherversionto the
shall foregothe temptation
great discarded stack of unsuccessful,inadequate verbal
I
garbage.Insteadlet me suggesta shortlistof characteristics
as SM:
findto be presentin mostsceneswhichI wouldclassify
(1) A dominant-submissive
relationship.
(2) A givingand receivingof pain thatis pleasurableto both
parties.
(3) Fantasyand/orrole playingon the part of one or both
partners.
(4) A conscious humblingof one partnerby the other
(humiliation).
(5) Some formof fetishinvolvement.
(6) The actingout of one or more ritualizedinteractions
etc.) (Townsend,1989,p. 15).
(bondage,flagellation,
of pain, still
Noticethatthistextspeaks not about expressions
but about pain experiless about conventionalplay-acting,
in whichbothpartners,theactiveand the
encedand inflicted,
are
jointly agents. So why is sadomasochismnot
passive,
rejectedby all modernswho condemn pain as a negative
experience?
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1100
SOCIAL
RESEARCH
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ON TORTURE
1101
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1102
SOCIAL
RESEARCH
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ON TORTURE
1103
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1104
SOCIAL
RESEARCH
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ON TORTURE
1105
uncertain,and rapidly
engagementin an interconnected,
changingworld.
Notes
1So, too,
Page DuBois (1991, pp. 153-57).
2 Z. Bauman
and processesof
(1989) has exploredthe structures
modesof cruelty
themodernstatethatmade possiblethedistinctive
underNazism.
3
thereis a curiousparadox in invokinga metaphor
Incidentally,
of militaryviolence ("to affrontand conquer") to describe the
compassionatework of healing. But such paradoxes abound in
of course.
Christianhistory,
Beccaria
denounces"the barbarousand useless tortures
Thus,
with
multiplied
prodigaland useless severityfor crimesthat are
eitherunprovenor chimerical"(1986, p. 4). And Voltaire,with
characteristic
sarcasm,remarksthat,"On a ditsouvent
que la question
de sauvertincoupablerobuste,
etde perdre
[thatis, torture]etaitun moyen
un innocenttropfaible"(1818, Vol. 26, p. 314).
5 See thetwo
firstpublishedas "Benthamon Torture"
fragments
in Bentham,1973,p. 45.
b In her
in theEnlightenment
work,ClassicalProbability
important
has
Lorraine
Daston
described
how, over two centuries,
(1988),
mathematicians
struggledto produce a model that
Enlightenment
would provide a moral calculus for "the reasonable man" in
conditionsof uncertainty.
Althoughmodernprobability
theoryhas
divorcedfromthismoralprojectsinceabout 1840,
becomeentirely
the idea of a calculuscontinuesto be powerfulin liberalwelfare
discourse.
' Lord
for Finance during the British
Milner,Under-Secretary
of
which
Occupation
Egypt
began in 1882, described Britain's
in
task
that
as
country follows:
imperial
This then,and no lessthanthis,was meantby'restoring
order.'
It meant reformingthe Egyptianadministration
root and
branch.Nay,itmeantmore.For whatwas thegood of recasting
the system,if it were leftto be workedby officialsof the old
type,animatedbytheold spirit?'Men, notmeasures,'is a good
watch-word
but to no countryis it moreprofoundly
anywhere,
applicable than to Egypt. Our task, therefore,included
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1106
SOCIAL
RESEARCH
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ON TORTURE
1107
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1108
SOCIAL
RESEARCH
of SM are explicitly
retractedat the end. (See also the
implications
cleverbook by AngelaCarter[1979].) Whilesuch writings
typically
theyalso seem
provideradicalpoliticaldecodingsof SM narratives,
tobe sayingthatas a modeofobtainingorgasm,SM is theproductof
sociallydistortedand sexuallyrepressiverelations.
References
of Pain: The Point of View of
Autiero,A., "The Interpretation
CatholicTheology,"inJ. Brihaye,F. Loew,and H.W. Pia, eds.,
Pain (Vienna:SpringerVerlag,1987).
Armistead,Claire,"PiercingThoughts,"GuardianWeekly
(July17,
1994).
and the Holocaust(Ithaca, NY: Cornell
Bauman, Z., Modernity
Press,
1989).
University
D. Young, ed. and trans.
Beccaria, On Crimesand Punishments,
IN:
Hackett,
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(Indianapolis,
M.H. James,ed. (Belfast:
and Legal Theory,
Bentham,J., Bentham
NorthernIrelandLegal Quarterly,1973).
Carter,Angela,TheSadeianWoman(London: Virago,1979).
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Daston,Lorraine,ClassicalProbability
(Princeton,
Princeton
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NJ:
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in SouthernIndia,"unpublishedmanuscript.
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ON TORTURE
1109
A RadicalFeminist
Linden,R.R. et al., eds., AgainstSadomasochism:
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the
CA:
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(San Francisco,
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Analysis
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of Essex,1985).
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(Colchester:University
and Gender
A., "Maid to Order: CommercialFetishism
McClintock,
Power,"SocialText,37 (Winter1993).
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Read,James,"Customary
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ClarendonPress,1972).
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Rejali,D.M., Torture
Iran(Boulder,CO: WestviewPress,1994).
Russell,F.H., TheJustWarin theMiddleAges(Cambridge:Cambridge
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Scarry,Elaine, TheBodyin Pain (Oxford:OxfordUniversity
1985).
theAges(London: T.
Scott,G.R., TheHistory
of Torture
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WernerLaurie,1940).
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II (New York: Carlyle
Townsend,Larry,TheLeathermans
Communications,
Ltd., 1989).
New Edition(Paris,1818).
de Voltaire,
Voltaire,Oevrescompletes
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