Dershowitz argues that whereas formally regulated torture would create a precedent for torture, an "off-the-books" secret system of torture would not.

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Dershowitz argues for a system of regulated torture through court-issued "torture warrants" to prevent the use of torture from becoming an unregulated, secret practice, which he believes would be worse.

Dershowitz Argues That Whereas Formally Regulated Torture Would Create a Precedent