 The classic denunciation of the legalisation of torture is that of Cesare Beccaria 1764. In the contemporary debate concerning the legalisation of torture many theorists of a liberal persuasion have stressed the incompatibility of torture with the values underpinning liberal institutions (Luban 2005; Waldron 2005, 2010; Shue 2016). Moreover, in this contemporary debate, the protagonists have tended to assume that if torture is morally justified in some extreme emergencies then it ought to be legalised. Thus Alan Dershowitz claims that torture is morally justified in some extreme emergencies and, in the light of this claim, argues for torture warrants in these cases (2003,   Chapter 4).[2]   See also Steinhoff 2006 and 2013. However, some theorists have argued that although torture can in some extreme emergencies be morally justified, nevertheless, torture ought never to be legalised or otherwise institutionalised. This position was originally advanced by Machan (1990) before being argued in more detail by Miller (2005) and (2009), and later by McMahan (2008). 