间谍、保密和机构道德推理

IF 0.7 Q2 LAW Criminal Law and Philosophy Pub Date : 2024-02-24 DOI:10.1007/s11572-024-09718-7
Steven Ratner
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引用次数: 0

摘要

塞西尔-法布尔(Cecile Fabre)的《暗中透视》(Through a Glass Darkly)从人际道德和民主与世界主义政治理论出发,对间谍活动的伦理进行了令人信服的阐述。然而,她的理论所认为允许或禁止的间谍活动并没有映射到国家进行的间谍活动,也没有映射到国际法明示或默示授权的间谍活动。国际法允许或容忍大量间谍活动,以促进遵守不同的国际法律制度,并推进其他重要的公共秩序价值观--这远远超出了法布尔理论所允许的范围。这种脱节是对她的理论和一般理想理论的挑战。本文指出了这些差距,并考虑了解决这些差距的替代方法。文章认为,应通过制度性道德推理来探讨间谍活动的政治道德问题,这种推理应考虑到各国的实际做法、期望和所建立的制度;然后,文章为间谍活动的国际政治道德提出了一套标准。文章最后讨论了所有间谍活动的一个关键特征,即所用方法的保密性--而非其发现他人秘密的目标。国际法在许多领域都在推动透明度,但仍允许国家秘密行事,这些做法也应为间谍理论提供参考。
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Espionage, Secrecy, and Institutional Moral Reasoning

Cecile Fabre’s Through a Glass Darkly offers a compelling account of the ethics of espionage drawn from both interpersonal morality and democratic and cosmopolitan political theory. Yet the spying that her theory finds permissible or prohibited does not map onto the spying that states undertake and that international law either explicitly or implicitly authorizes. That law allows or tolerates significant spying to promote compliance with diverse international legal regimes as well as advance other important public order values — well beyond that allowed under Fabre's theory. This disconnect represents a challenge for her theory and ideal theory generally. This essay identifies these gaps and considers alternative approaches to addressing them. It argues that the political morality of spying should be explored through institutional moral reasoning that takes account of the actual practices, expectations, and institutions that states have created; it then offers a set of criteria for the international political morality of espionage. The essay concludes with a discussion of a key feature of all espionage, namely the secrecy of the methods used — as opposed to their goal of find others’ secrets. International law is both pushing transparency in many areas yet still allowing secret conduct by states, and these practices should also inform a theory of espionage.

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来源期刊
CiteScore
1.10
自引率
0.00%
发文量
24
期刊介绍: Rationale The philosophy of crime and criminal law has been undergoing a renaissance.Increasing numbers of lawyers and philosophers are researching, writing and teaching in the area. Lawyers who are exploring theoretical issues related to criminal liability and punishment find that they must turn to philosophy. Philosophers recognise the importance of the criminal law as a focus for both analytical and normative inquiry. The practical importance of the subject is also obvious, especially at a time when western governments are having to reconsider their rationales for criminalization and sentencing in the light of substantial changes in criminal justice systems and their social contexts. Until recently, there was no journal solely devoted to the philosophy of crime and criminal law. Criminal Law and Philosophy fills this gap, and provides a platform for the high quality work that is being done in this area. High quality content; specific and inclusive in scope Criminal Law and Philosophy aims to publish high quality articles that take a philosophical perspective on any issues in the broad field of crime and punishment. The main areas and topics include: crime and criminalization; the content, principles and structure of substantive criminal law; criminal justice and the criminal process; punishment and sentencing. The journal is inclusive in its scope: it publishes articles with a historical focus on earlier philosophical discussions of crime and punishment, as well as articles with a more contemporary focus. It seeks contributions from a range of philosophical schools and approaches, in particular both from analytically oriented philosophers and from those who draw more on contemporary continental philoshophy. Readership Criminal Law and Philosophy is becoming essential reading for academics in philoso phy, in law and in criminology who take a philosophically informed critical, analytical or normative approach to the criminal law and criminal justice. It is also an important resource for students in those subjects, and for practitioners with an interest in philosophical approaches to their practice. Through this journal, readers can access the latest thinking by the best scholars in the philosophy of crime and punishment. Editorial Board The editors, editorial board and advisors constitute an impressive, international group of leading scholars working in the philosophy of crime and punishment. They represent a variety of systems of criminal law, including systems that cross national boundaries.
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