The standard way to handle this is to have a face-to-face debate, but these confrontations never work because the two opponents either talk over each other, or one side hogs all the time.
I'd like to offer an ancient rhetorical device as an interesting alternative: the dialog. This time-honored technique permits an author to present his own arguments as well as the responses of his opponent. Now, a lousy author will put stupid words into the mouth of his opponent, and any reader can easily see through such inanities. However, a good author can use the dialog form to carry through his arguments in such a way as to expose the fundamental flaws in the opponent's reasoning.
A dialog is not meant to be even-handed; it is intended to make a case. Its value lies in the fact that, if well-written, it can demonstrate that the best honest rebuttal still fails to rebut the points being made. It does not address the counter-offensive of the other side; it only shows that the other side's defense doesn't work.
With that in mind, I would like to present a dialog about the use of torture. I have been surprised that conservatives have been defending this policy; it's a loser and they really should leave well enough alone. But by aggressively defending this policy, conservatives have made it an important discussion, and so I'd like to present an argument showing just how indefensible torture is as a policy.
My two advocates in this dialog are Libicus and Conicus.
Lib: So, Conicus, you support the use of torture, right?
Con: Indeed I do, Lib.
Lib: I assume that you do not support the arbitrary use of torture.
Con: You assume correctly.
Lib: So you require that torture be used only under a set of rules, correct?
Con: Indeed so.
Lib: What might those rules be? For example, do you have any rules about WHO can be tortured?
Con: Yes, of course.
Lib: Would you permit women to be tortured?
Con: Um... no, I don't think so.
Lib: So if al-Qaeda were to recruit women for its tasks, our nation would have no defense against them?
Con: You're right. I suppose we would have to permit the torture of women.
Lib: Would rape be an acceptable form of torture for women?
Con: No, of course not!
Lib: Why not?
Con: Because it's uncivilized!
Lib: I see. So you would permit only civilized forms of torture, correct?
Con: Yes, only civilized forms of torture.
Lib: And can you tell me what forms of torture are civilized?
Con: I'm not sure what you mean.
Lib: Is waterboarding civilized?
Con: I suppose so.
Lib: What is it about rape that makes it uncivilized while waterboarding is civilized?
Con: Well, rape is nasty...
Lib: So waterboarding isn't nasty?
Con: Rape is very ugly.
Lib: Waterboarding isn't ugly?
Con: OK, here's the answer: the rapist enjoys it, but the waterboarder doesn't.
Lib: So your rule is that torture is civilized when the torturer doesn't enjoy doing it?
Con: Yes, that's the rule.
Lib: So rape would be civilized if it were carried out by a gay man?
Con: Well, no, but that's because we can't be certain that the gay man won't enjoy raping a woman.
Lib: Can we be certain that a waterboarder isn't a sadist?
Con: We can have psychological tests to insure that sadists are not permitted to become torturers.
Lib: So couldn't we have psychological tests to insure that gay rapist-torturers don't enjoy raping women?
Con: I suppose so...
Lib: Ergo, rape is a civilized form of torture so long as we use rapists who are guaranteed not to enjoy the experience?
Con: That doesn't seem right...
Lib: If you find people who truly don't enjoy torturing other people, won't they refuse to do it?
Con: I suppose so...
Lib: Isn't this a Catch-22: the only people whom you can trust to torture in a civilized fashion are the people who refuse to do it?
Con: Yes, I suppose so. I think I need a different rule for keeping the torture civilized.
Lib: Can you think of any other possible rules?
Con: What if we make the distinction based on long-term harm to the victim?
Lib: So, if it doesn't permanently injure the victim, it's not torture?
Con: Yes, that was essentially the argument of Mr. Yoo.
Lib: So rape is back on the table because rape doesn't permanently harm the victim.
Con: No, not at all. Studies have shown that rape inflicts permanent psychological harm on its victims.
Lib: What have studies shown about the use of waterboarding?
Con: We don't have any scientific studies on waterboarding.
Lib: So we don't know if waterboarding inflicts permanent psychological harm.
Con: True.
Lib: So how can you say that waterboarding is civilized torture? You don't know!
Con: Well, OK, but surely there are techniques known not to cause long-term harm.
Lib: Can you name any?
Con: No, I can't.
Lib: So this rule doesn't solve your problem, does it?
Con: No, I suppose not.
Lib: So can you think of any other rules we might use?
Con: We could differentiate based on citizenship: you can't torture Americans, but you can torture foreigners.
Lib: Because foreigners don't enjoy the Constitutional protections afforded to Americans?
Con: Yes.
Lib: But the Constitution doesn't talk about citizens when listing rights. It doesn't say WHOM the government can't do things to, it says WHAT the government cannot do.
Con: But still, it's obvious that the Constitution applies only to Americans.
Lib: Really? So a foreigner on our soil has absolutely no rights? I can shoot any foreigner I please and nobody can do anything about it?
Con: No, that's ridiculous!
Lib: So do foreigners have rights?
Con: Of course they do! They just have different rights.
Lib: And where are the differences spelled out?
Con: I don't know.
Lib: Can we torture British citizens? Germans? French? Canadians? Australians?
Con: That would never happen!
Lib: Why not? What would prevent it from happening?
Con: Because they're not terrorists!
Lib: Some of the 9/11 hijackers came here from Germany.
Con: Yes, but they were still Arabs.
Lib: So the rule is that we can torture Arabs, but not Europeans?
Con: No, we can only torture terrorists.
Lib: How do we know who is a terrorist?
Con: The President decides.
Lib: You mean the people that the President appoints to do the job?
Con: Yes.
Lib: What if they're wrong?
Con: They won't be wrong.
Lib: How do you know?
Con: Because the President doesn't make mistakes.
Lib: But you said it's the people whom the President appoints.
Con: Yes, yes, it's the same thing.
Lib: Who are they?
Con: I don't know.
Lib: You don't know who they are but you're certain that they won't make mistakes?
Con: They won't make mistakes because they follow rules.
Lib: What rules?
Con: The rules that the President sets down.
Lib: Where are those rules?
Con: They're secret.
Lib: Why do they need to be secret?
Con: So the terrorists don't take advantage of them.
Lib: So it's possible to be a terrorist but not fit the rules?
Con: Yes.
Lib: But that would lead to mistakes, wouldn't it?
Con: Sometimes.
Lib: But you said that the President doesn't make mistakes.
Con: You're impossible!
