'Why?'
'Why is that an invasion?'
'Yes.'
Zimmer seemed to rally a little. 'Because the government's supposed to exist to defend a citizen from invasion of his rights, not to do – '
'His or her, Mr. Zimmer.'
'Excuse me?'
'In this class, if you refer to a person who hasn't been identified as a man or woman, you will use 'he or she,' 'his or her.' In the real world, you must not run the risk of offending your audience. This is especially important if the 'person' involved is a client or an authority figure in the system, like a judge. Now, Mr. Zimmer, please restate your point.'
Zimmer inhaled. 'The government's job is to protect a citizen's rights, not to invade his or her rights itself.'
'And, ultimately, why is that, Mr. Zimmer?'
'Why…?'
'Why is it that government is to defend its citizens from invasion of their rights?'
'Because everybody has the right to life.'
'I see.' Andrus turned and pointed to a brunette woman who had squirreled herself in the farthest corner of the room. 'Female student, pink blouse. Stand, please.'
Rising, the woman knocked her notebook askew, the pen rolling off the page and down onto the floor in front of her table.
'Your name, please'?'
The woman seemed to speak to her departed pen. 'Queenan.'
Andrus cupped a hand to her ear and said, 'I can't hear you.'
The woman lifted her head and boomed a little. 'My name is Queenan.'
Andrus nodded. 'Ms. Queenan, do you agree or disagree with Mr. Zimmer's position?'
Hopelessly, Queenan looked at Zimmer, who had folded his hands in a fig-leaf pose of prayer.
'Ms. Queenan?'
'I agree that a government shouldn't use torture on its citizens.'
'Just its 'citizens,' Ms. Queenan'?'
'I'm sorry?'
'Your rule of no torture would apply only to protect the citizens of the country involved, not visiting tourists or resident aliens?'
'No. I mean, yes, the government shouldn't use torture on anyone.'
'On anyone. Mr. Zimmer, agree or disagree.'
'Uh, I agree.'
'Because you hold human life of any citizenship sacred, correct?'
'Correct.'
'Ms. Queenan?'
'Right. I mean, I agree with that.'
'Is that a pretty basic principle for you, Ms. Queenan'?'
'Basic?'
'Yes, basic. Bedrock belief. The sanctity of human life above all else.'
'Well, yes, I guess so.'
'You guess so.'
'I mean, yes. Definitely.'
'Definitely. Mr. Zimmer, definitely for you also?'
'Yes.'
'Very well, then. Mr. Zimmer, a deranged man has kidnapped a four-year-old girl from outside a day care center. He has placed her in a homemade coffin, with only a limited air supply. By great luck, someone saw the man near the center, and the police have arrested him. There is no doubt the man in custody is the kidnapper. He even boasts that the girl has only three hours of air remaining. You are the highest-ranking police officer available, Mr. Zimmer. Do you authorize torture to extract from the man the location of the girl in the coffin'?'
Zimmer looked at Queenan, but she was staring at her notebook as though it were the Holy Grail.
'Mr. Zimmer, yes or no?'
'No. I'd have my cops search his house and all first.'
'Excellent idea, Mr. Zimmer. Ms. Queenan. same hypothetical, only now you are the police commander and the search has come up empty. Any other suggestions. or is it torture?'
'No.' Queenan seemed to spark a little, even copying the rhythm of Andrus' speech pattern. 'No, it's never torture.'
'Never.'
'That's right.'
'You'd never break your rule of no torture.'
'That's right.'
'And why is that, again?'
'Because human life is sacred.'
'All human life.'
'Yes.'
'Including the little girl's?'
Queenan pondered that.
'Ms. Queenan?'
Zimmer spoke. 'That's not fair.'
Andrus turned on him, but more excited than angry. 'What's not fair, Mr. Zimmer?'
'You're putting her in an impossible position.'
'Am I?'
'Yes. You're asking her to sacrifice her principle.'
'No, I'm not. I've been asking Ms. Queenan, and you, if you agree with a given rule of society, and then I've been asking you about the ethic you have that drives that rule, that justifies it. Both of you seem to think that the no-torture rule makes sense, and both apparently for the same ethical reason, the sanctity of human life. Now I'm just asking Ms. Queenan a simple question. Ms. Queenan, how about it? Is the kidnapper's life more important than the little girl's?'
'No. I mean, they're equally important.'
'Equally,' said Andrus. 'Let me get this straight. No doubt that the girl will die from lack of air if the police don't find her.'
'All right.'
'And no doubt that the police have the right man. Both an eyewitness and his own confirming confession.'
'Yes.'
'But still no torture?'
Queenan looked around the room. For the last few minutes every head had moved to each player in turn, like a tennis audience at match point.
Queenan said, 'If I use torture, I save this girl, but I open up a lot of people to torture in the future.'
'So you let the girl die.'
'I have to. I mean, otherwise I break this rule and everybody might get tortured.'
'Mr. Zimmer. Do you let the girl die?'
Zimmer took a very deep breath. 'No.'
'No?'
'No. I torture the guy to save her.'
'You do? Why?'
'Because she's more innocent than he is. Also, if I torture him, maybe nobody dies. If I don't, we know she'll
