Quote (Thor123422 @ Oct 22 2016 01:35pm)
That depends. Suppose the torture leaves them mentally and emotionally scarred, unable to live a normal life and with passive PTSD so they can't sleep at night.
Then they're free seek counselling and return to a normal productive life, unlike the dead.
Suppose the torture leaves them without a foot. Thats a form of damages, separate of the suffering. Dismemberment is then a different consideration to torture- it could have been done painlessly after all.
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Also, we don't know what happens when we die, so it's not considerable in the suffering equation.
Sure we do, you cease to exist, you're dead, you lose conscienceless permanently and your body gradually decays.
No reasonable system of law can be formed on the basis of superstition, might as well be Sharia at that point