I think the essential difference here is that torture is being employed in extrajudicial cases. For me, Agamben's concept of Homo Sacer provides insight, as the against the nebulous enemy of terrorism has reduced terrorists to a subhuman status, to whom anything can be done. It's not really torture if they're not really human.
Sadly, the democratic rhetoric of the Founders was also flawed in that way, since Black slaves were tortured daily, which was fully endorsed by the law, until Lincoln.
I think the essential difference here is that torture is being employed in extrajudicial cases. For me, Agamben's concept of Homo Sacer provides insight, as the against the nebulous enemy of terrorism has reduced terrorists to a subhuman status, to whom anything can be done. It's not really torture if they're not really human.
Sadly, the democratic rhetoric of the Founders was also flawed in that way, since Black slaves were tortured daily, which was fully endorsed by the law, until Lincoln.