Argomenti contro la tortura: garantismo penale e difetti dell’utilitarismo

By suggesting two complementary lines of reasoning, this paper (written in Italian) argues against torture and its legalization. The first argument is focused on incompatibility of torture with penal guarantees and with the publicity of procedures and trials. The second is focused on the utilitarian dilemma of the Ticking Bomb and it shows that consequentialism, when it feeds moral legitimization from political consequences, can be rebutted because of a factual and a hypothetical error.