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Critica alla tesi della parità morale: non tieni conto della legittimità dei governi.

Risposta: non dobbiamo semplicemente stabilire se un governo è legittimo (cosa già alquanto problmatica) ma stabilire se è legittimato a commettere gravi ingiustizie.

HL CHAPTER 3 The Government Authority Argument for Special Immunity

CHAPTER 3 The Government Authority Argument for Special Immunity
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There is a widespread view that governments, or at least democratic governments, have a special moral status.
Note:LA PIÙ OVVIA OBIEZIONE

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Therefore, while it is permissible to attack an evil-doing terrorist, it is not permissible to attack an evil-doing president,
Note:PRESIDENTE TERRORISTA

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THE CONCEPTS OF AUTHORITY AND LEGITIMACY
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1. Virtuous Vani believes Americans are becoming too fat. She arrives at a 7-Eleven store brandishing a gun and declares, “From now one, no one may purchase Big Gulps.
Note:PRIMO CASO IL SALUTOSTA

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2. Principled Peter believes Americans should not live high while other people die. He believes that we are all in this together.
Note:SECONDO CASO IL REDISTRIBZIONISTA

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3. Decent Dani believes Americans should support one another and prioritize each others’ welfare over that of foreigners.
Note:PRIMA GLI ITALIANI

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4. Enterprising Elon believes space exploration is a vital project. Accordingly, he builds elaborate and expensive satellites, probes, telescopes, and shuttles, and then sends each American a small bill,
Note:IL CASO DELLE COMPAGNIE DI BANDIERA

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If Vani, Peter, Dani, or Elon were to do these things, we would probably call the police and demand that they be arrested.
Note:TUTTI E QUATTRO AL MANICOMIO

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While we think Vani’s, Peter’s, Dani’s, and Elon’s actions are criminal, our own governments do these same things.
Note:PUZZLE

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permission to create and enforce rules
Note:LEGITTIMITÀ

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ability to create in others a moral obligation
Note:AUTORITÀ

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Authority is the power that could make it impermissible for you to refuse to pay your taxes.
Note:TANTO X INTENDERSI

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In contrast, most people who believe in government authority believe it can create additional grounds of obligation when it issues commands, edicts, laws, and so on.
Note:SE DALLA PIAZZA GRIDO...NN UCCIDETEVI L UN L ALTRO...NN ISTITUISCO UN DOVERE....X IL FORMALISTA SI CREA UN DOVERE AGGIUNTIVO

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For instance, suppose there is no independent moral obligation to avoid drinking absinthe. But now suppose the government authoritatively forbids me from drinking it.
Note:CREARE UN DOVERE DAL NULLA

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DISPUTED QUESTIONS ABOUT LEGITIMACY AND AUTHORITY
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1. What determines whether a government has legitimacy or not?
Note:DOMANDONA

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1. What determines whether a government has authority or not?
Note:ALTRA DOMANDONA

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LEGITIMACY AND AUTHORITY ARE INDEPENDENT PROPERTIES
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a government (or any other rule-making entity) could have one without the other.
Note:LEGITTIMITÀ AUTORITÀ

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imagine a theory of authority called “pacifist monarchism.” This hypothetical political theory holds that we are each duty bound to obey our queen. This theory forbids all violence and coercion, though. The queen may not coerce people into following her commands. She may not employ a military or police force. She may not use violence even to stop others from acting violently. This hypothetical political theory holds that the queen is authoritative but not legitimate.
Note:ESEMPIO...MONARCHI PACIFISYA

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it’s coherent to hold that a government might have moral permission to stand and create laws, even if no citizens have the duty to obey or defer to that government.
Note:ESEMPIO ROVESCIATO

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governments may permissibly tax citizens, but still hold that citizens have no duty to comply and could feel free to engage in tax evasion if they can get away with it. A view like this might be mistaken, but it’s not incoherent.4
Note:ESEMPIO

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THE IRRELEVANCE OF GOVERNMENT LEGITIMACY For
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The Super-Duper Democratic Legitimacy Thesis
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A democratic electorate may legitimately do whatever it damn well pleases. It may even implement horrifically unjust policies.
Note:DEMOCRATICISMO

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The reason I can grant that democratic governments may legitimately do as they please, without thereby undermining the moral parity thesis, is that once we distinguish correctly between authority and legitimacy, it turns out legitimacy has little bearing on whether it’s permissible to resist government.
Note:IL TRUCCO DI SEPARARES LEGITTIMITÀ DA AUTORITÀ

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Legitimacy and authority are independent properties, and a government could conceivably have one but lack the other.
Note:LA LEVA X AVERE UN GOVERNO E ANCHE UNO STANDARD MORALE

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One way to illustrate this is to think of a boxing match. In a boxing match, both boxers have permission to punch each other.
Note:BOXING MATCH

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GOVERNMENTS PROBABLY DON’T HAVE ANY AUTHORITY, PERIOD
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Democratic legitimacy does not do the work that the defender of special immunity needs it to do. Instead, what may be of use in defending the special immunity thesis is that moral power I call authority.
Note:L ILLUSIONE CHE BASTI LA LEGITTIMITÀ

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John Simmons’s
Note:AUTORE

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certain governments have legitimacy (as I’ve defined it) but not authority.
Note:LA VISION DOMINANTE OGGI

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Michael Huemer similarly concludes, “Skepticism about political obligation [i.e., authority] is probably the dominant view” in philosophy now.
Note:MH

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Leslie Green says in his Stanford Encyclopedia
Note:ALTRO AUTORE

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Ned Dobos
Note:ALTRO AUTORE

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To review this literature would take an entire book.
Note:ORMAI LA LETTERATURA NEGAZIONISTA È STERMINATA

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ACTUAL CONSENT THEORY
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governments have authority over us because we consent to their rule.
Note:UNA TEORIA POPOLARE

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The problem with this theory, though, is that our relationship to government does not appear to have any features that signify consent.
Note:PROBLEMA

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I performed an act that signified my consent.
Note:RFEQUISITI DEL CONTRATTO

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I was not forced to buy
Note:SECONDO REQUISITO

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Active dissent would have stopped the deal.
Note:TERZO

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HYPOTHETICAL CONSENT THEORY
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many philosophers, such as Thomas Hobbes, have proposed “hypothetical consent theories,”
Note:HOBBES

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we generally only think hypothetical consent matters in cases when we cannot check to see whether a person actually consents.
Note:PRIMO PROBLEMA

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hypothetical consent theories at best usually seem to show only that it would be unreasonable or irrational for you not to agree; they do not demonstrate that it is obligatory.
Note:SECONDO PROBLEMA

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they seem to misunderstand what promises, real or hypothetical, can do.
Note:TERZ PROBLEMA....NN POSSO COMMETTERE IL MALE IN VIRTÙ DI UNA PROMESSA...CONTRATTO IMMORALE

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Suppose I declare, “In exchange for my parents having provided me with benefits, I promise to obey them in all things.” Now suppose my parents order me to murder some foreigners or throw their pot-smoking neighbors in the basement. Even though I did in fact promise to obey my parents, it’s clear I don’t acquire the duty to murder the foreigners or imprison the neighbors.
Note:ESEMPIO DI PROMESSA CHE SI HA IL DOVERE DI NN MANTENERE

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FAIR PLAY THEORY
Note:TtttttttttDILEMMA DEL PRIGIOIERO....FORMA DI UTILITARISMO

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Another major theory of authority, devised by H. L. A. Hart, holds that authority arises out of a duty of fair play:
Note:ALTRA TEORIA

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The idea here is that when some people incur a sacrifice to public goods that benefit all, the other people who benefit have a duty to contribute
Note:DOVERE DI CONTRIBUIRE

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Robert Nozick illustrates one with his “public address system” thought experiment. He asks you to imagine that your neighbors create a public entertainment system, with loudspeakers throughout your neighborhood. Each neighbor takes turns playing songs, reciting poetry, conducting interviews, or whatnot. You enjoy the system. One day, let’s say day 138, they come to you and say that it’s your turn
Note:PRIMO PROBLEMA DEI CONTRATTI ROVESCIATI....FARE E PRETENDERE ANZICHÈ CONTRATTARE....IL DONO X OBBLIGARE DI FATTO PRIVILEGIA IL TUO CONTRATTO PRFERITO SUL MIO...È UNA VESSAZIONE

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the reason for this judgment seems to be that you had no good way of avoiding receiving the benefits—you couldn’t opt out without great expense
Note:RISPONDERAI CHE NN INTENDI CONTRACCAMBIARE

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SUMMARY
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The belief that governments enjoy authority is widespread; even people living under illiberal and highly corrupt regimes tend to think their governments are legitimate and authoritative.
Note:NONOSTANTE I FALLIMENTI TEORICI

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over the past twenty-five hundred years, a large number of highly qualified people have spent a large amount of effort trying but failing to identify that property.
Note:COSA RENDE AUTOREVOLE UN GOVERNO?

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Empirical work generally finds we have a psychological bias to ascribe authority to others, even in cases where there clearly isn’t any.
Note:VOGLIA DI UBBIDIRE

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AUTHORITY ISN’T ALL OR NOTHING
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A government can have authority over some issues without having complete authority over everything.
Note:QUELLO CHE SFUGGE

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Authority in one does not imply authority in another.
Note:LIMTI

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Anyone who wants to defend the special immunity thesis on the basis of government authority has a serious burden. It won’t be enough to justify a general kind of government authority.
Note:IL COMPITO DEL DOPIO STANDRD

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THE COMPETENCE PRINCIPLE AS AN OBJECTION TO AUTHORITY
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one of the arguments for the special immunity thesis holds that governments enjoy special immunity because they have legitimacy and authority.16 So far we’ve seen that legitimacy is irrelevant. What matters is whether governments have authority. Yet we’ve seen that even with this clarification, the assertion faces some big challenges. First, it’s unclear that any governments have any authority, period.
Note:RIASSUNTO

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Second, even if governments have some general authority—for example, the authority to make you pay taxes—a person who tries to ground the special immunity thesis on authority would need to show that governments specifically have the authority to commit severe injustices or impose serious harms.
Note:Ccccccccc

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Suppose six criminal defendants are about to stand trial for first-degree murder. If they are found guilty, they will face many years or even life in prison,
Note:ESEMPIO

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The first jury is ignorant.
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The second jury is irrational.
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The third jury is impaired.
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The fourth jury is reckless.
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The fifth jury is prejudiced.
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The sixth jury is corrupt.
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Ask yourself: If we knew that the juries made their decisions that way, would we be obligated to obey them? (Would
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juries have strong duties toward defendants or to the rest of us on whose behalf they act, and also that the jury’s legitimacy and authority depends on its discharging these duties.
Note:IPOTESI

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The four features above are grounds for accepting what I call the competence principle:
Note:IL NOSTRO DIRITTO ALLA COMPETENZA DI CHI CI GOVERNA

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The competence principle appears to have a broad scope of application. There is little reason to think it applies only to juries. If a police officer, judge, politician, bureaucracy, or legislative body makes capricious, reckless, irrational, or malicious decisions, other people generally are stuck bearing high costs.
Note:IL PRINCIPIO CHE DÀ AUTORITÀ

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The competence principle is, in itself, not a full theory of authority or legitimacy. Rather, as I’m arguing, it’s a principle that should be part of a full theory, whatever the best theory of authority or legitimacy may be.
Note:EPISTEMOCRAZIA

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The competence principle is a disqualifier. It does not justify imbuing anyone with power. It does not justify holding that any governments (or their agents) are authoritative or legitimate. Rather, it maintains that certain people, bodies, actions, or decisions lack authority and
Note:DISQUALIFER

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In each of these cases, it’s reasonable for Ann to believe not merely that what the wrongdoers are doing is unjust but that they are also acting incompetently or in bad faith.
Note:TORNIAMO A CASI DELL ANN DEL CAPITOLO PRECEDENTE

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DOES THIS TRIVIALIZE THE MORAL PARITY THESIS?
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First, even if we grant that governments may legitimately do whatever they please, strictly speaking this leaves open what we may do in response.
Note:PRIMO PROB DELLA LEGITTIMITÀ

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Second, if we take seriously the past twenty-five hundred years of work on government authority, it’s reasonable to think that no governments have authority in general.
Note:L AUTORITÀ È PIÙ DIFFOCILE DA RICONOSCERE

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Third, even if we ignore that and presume charitably that governments have some general kind of authority, in order to defend the special Immunity thesis, one would need to show specifically that governments have the authority to commit severe injustices
Note:AUTORITÀ LIMITATA

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Fourth, the competence principle gives us reason to think many government injustices lack authority. At most, governments could be authoritative in committing a severe injustice only if they somehow decided to commit that injustice competently and in good faith.
IL LIMITE DELLA COMPEYENZA

HL CHAPTER 2 Defensive Ethics THE GENERAL FRAMEWORK

CHAPTER 2 Defensive Ethics THE GENERAL FRAMEWORK
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I may not kill for fun, but I may kill a kidnapper in self-defense.
Note:OGNI REGOLA HA LE SUE ECCEZIONI

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the controversy is over relatively small things, such as exactly how to interpret what counts as an “imminent threat” or whether there is a “proportionality” requirement on self-defense.
Note:LE DUE CONTROVERSIE

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they are more like arguing over whether the speed limit should be eighty or eighty-five miles
Note:QUESTIONI SUL SESSO DEGLI ANGELI

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all I am maintaining in this book is that governmental wrongdoers are on par with nongovernmental ones:
Note:LA TESI FORTE QUI

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A THEORY OF DEFENSIVE KILLING
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Jeff McMahan’s Killing in War,
Note:UN RIFERIMENTO

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Defensive killing is also restricted by a doctrine of necessity: at minimum, when a nonlethal alternative is equally effective at stopping someone from committing injustice, it is not permissible to kill him.
Note:NECESSITÀ

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A. Shooter in the Park A masked man emerges from a black van holding a rifle. He starts shooting at children in a public park. Ann, a bystander, has a gun. She kills him before he kills any innocent children.
Note:CASO A

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common law is in general a reliable guide to people’s moral intuitions about permissible killing. Unlike statutory law, which generally reflects bureaucrats’ or politicians’ interests,
Note:DOVE GUARDARE

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1. The killer is not the aggressor. 2. He reasonably believes he (or someone else) is in imminent danger of severe bodily harm from his adversary. 3. He reasonably believes that killing is necessary to avoid this danger.
Note:LE TRE CONDIZIONI

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Ann shoots the gunman in the park, her action is not wrong at all.
Note:QUINDI

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THE HARM AND IMMINENT DANGER PROVISOS
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there’s no obvious sharp line between what threats count as severe or not severe enough to warrant killing.
Note:SERIA MINACCIA

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suppose a man threatens to burn down my house and destroy my car, but the only way I can stop him is to shoot him.
Note:ESEMPIO

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people could reasonably dispute that, especially if I’m rich and have insurance. I won’t take a stance either way here, but I just note this could be one area of controversy.
Note:NO SOLUTION

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legal codes of most countries do not allow you to use deadly violence to defend your property; most say you can only use violence to defend people.
Note:DI SOLITO

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Suppose you have been kidnapped and have good reason to think that the kidnapper will murder you on day six of captivity.
Note:L IMMEDITO PERICOLO NN VA PRESO ALLA LETTERA

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a matter of reasonable dispute.
Note:SESSO DEGLI ANGELI

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defensive killing apply equally to both private and governmental wrongdoers,
Note:QUEL CHE QUI IMPORTA SAPERE SULLQA Così N LAW

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THE REASONABLENESS PROVISO
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The common law merely requires the killer to have a “reasonable belief”

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CLAUSOLA

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in one famous case, a member of a gang was harassing the defender. The gang member reached into his pocket. The defender reasonably believed that the gang member was reaching for a gun and so shot the gang member dead. It turned out he was not armed and was just reaching for a pack of cigarettes.6 Nevertheless, the defender was exonerated by the doctrine of self-defense.
Note:CASO FAMOSO

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Now some philosophers might dispute the reasonableness criterion and think it’s too permissive. For instance, they might hold that it matters not just whether your belief that you need to use violence to defend yourself is reasonable but instead whether it is correct.
Note:CORRETTO E RAGIONEVOLE

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THE NECESSITY PROVISO
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Suppose, in the Shooter in the Park case, that Ann has three options: 1. Kill the shooter, which has a 95 percent chance of saving the children. 2. Use a smoke screen to help the children escape, which has only a 25 percent chance of being effective. 3. Try to wrestle the shooter to the ground, which has only a 25 percent chance of being effective and a good chance of getting her killed.
Note:ESEMPIO

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Suppose Ann had a fourth option: 4. Subdue the shooter in an expensive nonlethal manner, which has a 100 percent chance of stopping him, but that would cost someone (Ann, an innocent bystander, or the city) $1 million.
Note:UN QUARTO CASO

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Ann could use non-lethal violence to stop the shooter from killing the children, but only by smashing a rare painting over his head.
Note:EEMPIOCCCCCCC

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It’s not obvious we owe it to him to sacrifice so much wealth just to preserve his life, especially when that wealth can be used for other valuable ends.
Note:DUBBI

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In some jurisdictions, people are not allowed to use deadly force (or any force) to protect themselves or others if they (and the others) could simply escape.
Note:FUNZIONE DELLA VIA DI FUGA

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IS THERE A PROPORTIONALITY REQUIREMENT?
Note:Ttttttt

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Suppose you are the aggressor and I am the defender. You try to cut off my hand, and in self-defense, I kill you. In most jurisdictions, this will be seen as justifiable homicide, and so I will not incur any criminal penalties. Yet in some of those same jurisdictions, your family might be able to collect damages against me, since I inflicted disproportionate harm; I killed you when you were merely going to cut off my hand.
Note:UN RUOLO NEI DANNI CIVILI

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For instance, in some jurisdictions, if a woman kills her would-be rapist, she would face civil liability for damages since killing is out of proportion with rape.
Note:ASSURDITÀ

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suppose I know you plan to tap me on the shoulder once. It seems I can swat your hand away. But suppose instead the only way I can stop you from tapping me is to kill you; I have no less-than-lethal means to preventing you from doing so. Hurd
Note:CASI IMBARAZZANTI

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Once again, strictly speaking I take no stance on how to interpret the proportionality requirement, if there is one. My goal here is to argue that the moral rules governing self-defense against government agents are no stricter than the moral rules governing self-defense against private civilians.
Note:ANCORA E ANCORA

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KILLING BOSSES: MUST THE THREAT BE IMMEDIATE AND DIRECT?
Note:Tttttttttttt

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Mastermind Wilson is a criminal mastermind. He continually evades the police—he cannot be brought to justice. He has an army of hundreds of henchmen who do his bidding. Wilson himself has never killed anyone. His henchmen have killed others at his command. Ann knows Wilson will soon issue another kill order. But Ann—a former Marine sniper—shoots Wilson from afar, killing him before he issues his next order.
Note:UN ECCEZIONE ALL MINACVIA DIRETTA

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MUST KILLING STOP THE THREAT?
Note:ttttttttttt

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In Shooter in the Park when Ann kills the shooter, this stops the threat. We can sometimes kill others, though, even when killing them is not guaranteed to stop the threat they pose.
Note:ULTERIORE COMPLICAZIONE

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imagine that an attacker is trying to kill children in the park. He is in the process of throwing a grenade at the children. Suppose Ann is only fast enough to shoot him midway through his throw. Because she fires so late, she has only a 50 percent of stopping him from killing the children, although she has 100 percent chance of killing him.
Note:LA SITUAZIONE

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School Bombers Ann stumbles on terrorists who are about to bomb a school. Since there is no other effective and safe way to stop them, she kills them. Yet Ann knows there is another terrorist cell. She knows that the second cell will just bomb the same school a few hours (or days, weeks, or months) later.
Note:ALTRA SITUAZIONE

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FURTHER COMPLICATIONS
Note:Tttttyt

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Suppose Bob is about to answer his cell phone. Bob does not know, and let’s suppose has no possible way of knowing, that terrorists have hacked his phone. When Bob answers the phone, this will cause a bomb planted nearby to explode,
Note:LA MINACVIA DI UN NN RESPONSABILE

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Or consider the problem of innocent bystanders and innocent shields. Suppose innocent bystanders surrounded the shooter in the park. Suppose if Ann attempts to shoot him, there is a good chance she would miss, and hence injure or kill one of the innocent
Note:SCUDI UMANI

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SUMMARY
Note:Tttttttttttt

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I introduce these complications to make readers aware of them and signal that I am also aware of them.
Note:UNICO SCOPO

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My view is just that when government agents are nonresponsible threats, innocent bystanders, or innocent shields, you may treat them the same way you would treat civilians in the same roles.

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LA TESI

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DEFENSIVE LYING
Note:Tttttttttttttttt

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Murderer at the Door Your friends, fleeing an ax murderer, hide in your basement. The ax murderer appears at your door and politely asks, “Might you be hiding people in your basement? I’d like to murder them, if you don’t mind.” Almost
Note:L AMICO INSEGUITO

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The murderer at the door is commonly regarded as a counterexample to certain moral theories.
Note:ECCEZIONE

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many people interpret Immanuel Kant’s moral theory as implying that we cannot lie to the murderer at the door,
Note:UN BUON MOTIVO X RIGETTARE KANT

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Defensive lying might also be governed by a doctrine of necessity:
Note:ANALOGOA

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whether defensive deception is merely permissible or obligatory might depend in part on whether the potential liar is in danger of retaliation or not.
Note:DORITTO O DOVERE?

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In general, if defensive lying and defensive violence are equally effective at stopping a wrongful aggressor from harming someone, then defensive lying is justified but defensive violence is not.
Note:DISTINZIONE

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DEFENSIVE SABOTAGE, THEFT, AND DESTRUCTION

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suppose Ann knows the local mafia is trafficking child sex workers and routinely shakes down local businesses. Ann is a skilled hacker. She can hack into the mafia’s computers and phones. When she does so, she can disrupt its communications, for example, by deleting e-mails, sending misinformation over e-mail, and the like. She can also steal its funds, which she might then redistribute to, say, the charity GiveDirectly. By doing so, she might not be able to stop the mafia altogether but she can significantly reduce the amount of injustice it does. This seems like justified sabotage.
Note:SABOTATE LA MAFIA

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Typically, when choosing among defensive actions, one should pick the least harmful and violent action.
Note:REGOLA GENERALE

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EXAMPLE CASES OF RIGHTFUL DEFENSIVE ACTION
Note:TttttttttttttCASI DI LEGITTIMA DIFESA...SESGUONO ANALOGIE CON LO STATO CHE FA LE VECI DELLA MAFIA

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A. Shooter in the Park A masked man emerges from a black van holding a rifle. He starts shooting
Note:IL SOLDATO CHE SPARA

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B. Drunk Partygoer Rodney has too much to drink at a party. He runs around the house with a tiki torch, loudly yelling, “Look, everyone, I’m the Human Torch!”
Note:I BUTTAFUORI ALLE PRESE CON RODNEY KING

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C. Health Nut Health guru John sincerely believes that caffeine is unhealthy, causes laziness, and induces people to use hard drugs.
Note:LO STRANO GURU...E IL PROIBIZIONISMO DEL VCAFFÈ

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D. Terrorist Cobra Commander, leader of the terrorist organization COBRA, uses a combination of bribes, subterfuge, and threats to get the leaders of the United States to do his bidding. He then gets the US military to perform an unjust invasion of another country.
Note:COBRA...POLITICA ESTERA DELLA CIA

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E. Mastermind Wilson is a criminal mastermind. He continually evades the police; he cannot be brought to justice.
Note:MASTERMIND...ANCORA SULLA POLITICA ESTERA

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F. Hacker The local mafia has secretly been spying on everyone, stealing their personal information,
Note:ASSANGE SGOMINA LA MAFIA

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G. Vigilante Jailer Bob, like many people in his town, believes that Ann might be a murderer and the government acts wrongly by refusing to try her. So one day, he kidnaps Ann and holds a trial for her in his basement. Bob is a fanatic believer in due process so he makes sure the trial looks like a normal one.
Note:ESTRADIZIONE COL TRUCCO

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H. Mafia Protection Money The local mafia does many things. It engages in criminal activities, and often hurts or kills people that get in its way. In beats down and intimidates local businesspeople to get them to pay protection money. But it also dispenses justice from time to time by punishing people who wrongly hurt its clients, and distributing significant amounts of money to poor widows and families. Ann runs a small business. The amount of protection money the mafia demands from businesses depends on how successful the business is.
Note:TASSE

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I. Justice League Turned Bad For the past twenty years, the Justice League has protected innocent people
Note:FINO A UN CERTO PUNTO TUTTO BENE

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Nevertheless, one day Superman, the leader of the Justice League, orders superhero Awesome Ann to use her psychic blast power to blow up an entire village.
Note:MA A UN CERTO PUNTO.....E ANN SI RIBELLA...CONTRO LA TRADIZION

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J. Saboteur
Note:SABOTARE LA MAFIA...OVVERO LO STATO

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L. Secret Free Trader Bob believes that buying Chinese imports is wrong. He thinks we should buy American. He announces loudly, “Henceforth, anyone who buys Chinese supplies for his or her business has to pay a fine equal to 50 percent of the costs
Note:VIETATO COMPRARE CNESE...ANN SI RIBELLA

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M. Bomber Ann knows that a particular car belongs to a local gang.
Note:BRUCIARE UN AUTO DELLA POLIZIA

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PARALLEL CASES WITH GOVERNMENT AGENTS
Note:Ttttttttttttt

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A’. Minivan Shooter
Note:I CASI DELLO STATO....VIOLENZA POLIZIA

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B’. Drunk Driver
Note:RODNEY KING

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C’. War on Drugs
Note:PROIBIZIONISMO

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D’. Hawk
Note:FALCHI CIA

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E’. Chief Executive Mastermind
Note:GUERRA INGIUSTA

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F’. The Leaker
Note:ASSANGE

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H’. Taxes
Note:TASSE

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I’. War Crime
Note:TRUPPE VALOROSE CHE COMMETONO ERRORI

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Each of the cases A’–M’ is written to be more or less analogous to the cases A–M above, with the only major difference being that Ann is using defensive actions against government agents acting ex officio rather than against civilians.
Note:L OPERAZIONE COMPIUTA IN QS CAPITOLO

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If some defensive action is permissible in any of cases A–M, we should presume the same defensive action is also permissible in A’–M’,
Note:PARALLELO

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If someone judges that we should treat cases A–M differently from A’–M’, arguing that defensive action is right in the former and wrong in the latter cases, then we need some good explanation.
Note:GOOD AXPLANATION

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I agree with most sensible people that violent revolution is rarely a good idea.
Note:RIVOLUZIONE E CAOA

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advocating defensive actions against, including in some cases violent resistance to, government injustice is not the same thing as advocating violent revolution.
Note:SIA CHIARO

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To justify revolution is to justify war. It’s one thing to assassinate a warmongering leader. It’s another to overthrow the government altogether.
Cccccccccc

Cose imparate oggi in treno su MARTIN LUTHER KING

Cose imparate oggi in treno su MARTIN LUTHER KING

Non era un non-violento. Ha adottato questa politica solo a fini strategici. Per lui il cambiamento sociale era più probabile agendo secondo i dettami della non violenza. Del resto la sua azione era rafforzata da diversi gruppi armati fino ai denti.

Non-violenti per principio, invece, furono gli anabattisti cristiani (oggi le sette più note sono gli Amish e i Quaccheri…) che praticavano un rigoroso e totale pacifismo tale da rifiutare di prendere le armi anche contro i Turchi, ormai alle porte dell'Impero.

COME RESISTERE ALLA POLIZIA?

COME RESISTERE ALLA POLIZIA?

Ecco qui di seguito un piccolo “dilemma morale”.
Vedi di fronte a te un automobilista che oltrepassa di qualche centimetro la striscia dello stop. Gli agenti della polizia lo fermano e lo estraggono di peso dalla sua auto, nel momento in cui cerca di giustificarsi cominciano a malmenarlo e, per ironia della sorte, quando alza le mani per proteggersi gli viene intimato di non opporre resistenza. Per te che assisti alla scena è ragionevole pensare che andando avanti così lo uccideranno.
Sei armato e puoi intervenire: cosa fai?
1) Ti metti a gridare intimando agli agenti di fermarsi anche se sai che non lo faranno?
2) Prendi nota delle matricole degli agenti e li denunci lasciando così che l’uomo muoia?
3) Spari ai poliziotti uccidendoli?
4) Torni mestamente a casa riproponendoti di andartene al più presto da questo paese di merda?
5) Ti dispiace quello che hai visto ma non fai nulla in segno di lealtà al tuo paese?
P.S. Facciamo un po’ di fantacronaca: pensate alla vicenda di Carlo Giuliani. Supponete che la pattuglia di cui faceva parte Mario Placanica fosse attiva nei pestaggi dei manifestanti e non avesse ancora finito la sua opera. In un caso del genere l’azione violenta del “passante” Giuliani (il getto di un estintore) verso un pubblico ufficiale sarebbe moralmente giustificato?

P.S. Pensate anche a chi compila una dichiarazione dei redditi fraudolenta per non pagare una tassa ingiusta. Si tratta di un gesto moralmente legittimo?

HL CHAPTER 1 Resistance THE FOURTH OPTION

CHAPTER 1 Resistance THE FOURTH OPTION
Note:1@@@@@@@@@@

Note | Page: 1

TtttttttttttIL CASO

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You see the police pull over a black man driving a silver Hyundai.
Note:PICCOLA INFRAZIONE STRADALE

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he went slightly past the white line at a stoplight
Note:LA COLPA

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starts punching him in the face and kicking him in the groin.
Note:DOPO AVER FATTO USCIRE RICHARD

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as Richard simply tries to hold his arms up to protect his face—they yell, “Stop resisting!”
Note:IRONIA

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For all you know, they are going to kill, maim, or severely injure him.
Note:RAGIONEVOLE PENSARLO

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you’re armed. You could intervene, perhaps saving Richard’s life. May you do so?
Note:LA DOMANDA

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EXIT, VOICE, AND LOYALTY
Note:Ttttttttttt

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use their power in deeply unjust and irresponsible ways.
Note:I POTENTI NEL MONDO

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Albert Hirschman analyzed three major ways
Note:CHE FARE CONTRO I SOPRUSI?

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They might “exit,” meaning that customers might stop buying
Note:ES...CONSUMATORI DI FRONTE ALLA MULTINAZIONALE INGIUSTA

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They might exercise “voice,” meaning that they might complain
Note:OPZ...2 LAMENTARSI

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they might be loyal—that is, they might have a tendency to stick with the firm or organization despite their flaws.
Note:OPZ LEALTÀ...SI SOPPORTA

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our options are limited to voice, exit, or loyalty.
Note:L OPINIONE DELLA MAGGIORANZA

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we have obligations to participate in politics, protest, engage in political campaigns, and push for social change through political channels.
Note:ESTENSIONE DEL CONCETTO

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keeping quiet or emigrating to another country.
Note:ALTRI PIÙ ESTREMI

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comply, complain, or quit.
Note:SLOGAN

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we may not fight back against government agents,
Note:IN GENERE TUTTI CONCORDANO

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Consider the question of defensive assassination or defensive killing.
Note:UCCIDERE CHI STA UCCIDENDO

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If you may kill a Gestapo agent to stop him from murdering innocent people, may you do the same to a police officer who uses excessive violence?
Note:POLIZIA...GESTAPO

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in liberal democracies, only nonviolent resistance to state injustice is permissible.
Note:L ORTODOSSIA

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law and justice are not the same thing;
Note:ORMAI È RICONOSCIUTO DA TUTTI...EPPURE

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the fourth option: resistance.
Note:QUI SI DIFENDE LA 4 OPZ

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GOVERNMENTS ARE MAGIC: THE SPECIAL IMMUNITY THESIS
Note:Tttttttttttt

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enjoy a special or privileged status
Note:IL GOVERNO E LA MORALITÀ DEL DOPPIO BINARIO

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government agents have a special permission to perform unjust actions
Note:STANDARD VIEW

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We don’t think that way about private injustice.
Note:IL PRIVATO...SEEIE B

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“In our modest view, only democratic governments, agents, and actors are surrounded by a magic moral force
Note:LA REPLICA DEI FILOSOFI

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Ann, a bystander, has a gun.
Note:CASI A LA PASSANTE CHE UCCIDE IL MASS KILLER DEL PARCO

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Rodney has too much to drink at a party.
Note:B...R HA BEVITO E FA IL MATTO DEI PRIVATI LO BLOCANO E LO PESTANO....ANN L SALVA SPARANDO AGLI AGGRESSORI

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Health guru John sincerely believes that caffeine is unhealthy,
Note:C IL MEDICO PAZZO VUOLE RAPIRE E IMPRIGIONARE CHI BEVE CAFFÈ...ANN SI DIFENDE E LO UCCIDE

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Cobra Commander, leader of the terrorist organization COBRA, uses a combination of bribes, subterfuge, and threats to get the leaders of the United States to do his bidding.
Note:D QS TIZIO FA AZIONI TERRORISTE ALL ESTERO ..ANN LO BLOCCA UCCIDENDOLO

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I expect most people believe it’s permissible for Ann to kill the wrongdoers in these four cases.
Note:QUEL CHE CI ASPETTIAMO....TRANNE FORSE CHE DAI PACIFISTI RADICALI

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Now consider four new cases (A’–D’) that seem analogous to the first four (A–D).
Note:UNICA DIFFERENZA...IN A' L AGENTE È GOVERNATIVO

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A’. Minivan Shooter
Note:A' POLIZIA CHE SPARA ALL AUTO FERMATA

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B’. Drunk Driver
Note:B' POLIZIA CHE FERMA L UBRIACO

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C’. War on Drugs
Note:C'…POLIZIA CHE UCCIDE CHI USA O COMMERCIA UNA CERTA SOSTANZA

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D’. Hawk
Note:D'…AGENTI SEGRETI IN AZIONE OMICIDE ALL ESTERO

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People tend to judge these four new cases differently from the first set.
Note:QUEL CHE CI ASPETTIAMO

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many people subscribe to what I call the special immunity thesis.
Note:SIT

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The Special Immunity Thesis
Note:ttttttttttttttt

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In contrast, I reject the special immunity thesis in favor of the moral parity thesis:
Note:MPT

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IN DEFENSE OF MORAL PARITY
Note:Tttttttttttttttt

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It may be permissible to assassinate presidents, representatives, generals, and others to stop them from waging unjust wars, even if those wars enjoy widespread popular support and are ratified through legal means.
Note:IMBARAZZO

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Corporations, and private individuals or businesses, may lie about their compliance with wrongful or punitive regulations.
Note:ALTRO ESEMPIO

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It can be permissible to find, steal, and publicize certain state secrets, such as some, if not all, the secrets Julian Assange, Edward Snowden, or Chelsea Manning revealed.
Note:ALTRO ESEMPIO

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US Supreme Court (or equivalent) justices may lie about what the written or unwritten Constitution allows or forbids. They may refuse to enforce or apply unjust laws.
Note:ULTIMO ESEMPIO

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commonsense moral principles plus the moral parity thesis.
Note:DA DOVE DERIVANO LE NS TESI

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Philosophers have spent twenty-five hundred years trying to justify these assumptions, but their arguments fail.
Note:LA TESI DELLO STATO SPECIALE

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DEFENSIVE ACTION VERSUS CIVIL DISOBEDIENCE
Note:Tttttttttttttttttttt

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acts of lying, cheating, stealing, sabotaging, destroying, attacking, and killing
Note:LE AZIONI DI CUI SI PARLA QUI

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This book is not about civil disobedience,
Note:SIA CHIARO

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She seeks not only to convey her disavowal and condemnation of a certain law or policy, but also to draw public attention to this particular issue and thereby to instigate a change in law or policy.”
Note:IL DISUBBIDIENTE CIVILE...LA DC È UN ATTO PUBBLICO

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smoke pot in public.
Note:UN ES DI DC

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WHEN ALL ELSE FAILS: THE MORALITY OF CAUTION
Note:Tttttttttttttt

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last resorts,
Note:QUI LO DIAMO X SCONTATO

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Consider the difference between what we might call strategic versus principled nonviolence.
Note:UNA DISTINZIINE INPORTANTE

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strategic nonviolence, the one that Martin Luther King Jr. most likely advocated,
Note:MERA STRATEGIA...MLK NN ERA NN VIOLENTO X PRDINCIPIO...IL CAMBIAMENTO SOCIALE ERA PIÙ PROB SE...#######

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Pacifist Anabaptists, for example, refused to fight back against oppression, not because they believed their pacifism would shame their oppressors into change, but because they thought defensive violence was wrong in itself, period. They took Christ’s injunction to turn the other cheek to mean that they were required to, well, turn the other cheek.
Note:ESEMPIO CONTRARIO...ANABATTISTI

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I am not much concerned with offering a theory of social change
Note:SIA CHIARO ALLORA...

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when we later examine various objections
Note:DISTINGUIAMO IL PRINCIPIO DAL PRAGMATISMO

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consider two different objections (among many) people might produce against Ann shooting the police
Note:ESEMPIO DEL MINIVAN FERMATO

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Ann has a duty to obey
Note:OBIEZIONE LIGITTIMA IN QS LIBRO

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Ann should give the officer the benefit of the doubt and presume that he has some unknown but good reason to do what he’s doing.
Note:OBIEZIONE ILLEGITTIMA...MODIFICA L ESEMPIO SURRETTIZIAMENTE

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I’ll agree that actors who are considering lying, cheating, stealing, engaging in sabotage or violence, or using violence should be cautious
Note:QUELLO DELLA PRUDENZA È ARGOMENTO DIVERSO

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to be justified doesn’t require that one be certain.
Note:RESTA VERO CHE

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THINGS I DON’T ASSUME AND THAT DON’T MATTER FOR THIS DEBATE
Note:Ttttttttttt

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I am not arguing for anarchism.
Note:CHIARIAMO

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As I will elaborate at greater length in chapter 3, I can assume (for the sake of argument) that we ought to have governments
Note:Ccccccccccc

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I also do not argue for, and my argument does not assume, libertarianism or classical liberalism.
Note:ANCORA X CHIAREZZA

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This book presumes no particular background moral theory. I will argue on the basis of widely shared intuitions
Note:ALTRA PRECISAZ

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Most moral theories and theories of justice are highly abstract. Asking what some grand moral theory like Kantianism implies about the right of self-defense is a bit like asking what Albert Einstein’s field equations say about the path of a falling feather.

Note | Page: 23

IL DIFETTO DELLE GRANDI TEORIE MORALI.....DA QUI PL ALLERGIA X RAWLS

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WHY IT MATTERS TODAY
Note:Tttttttttttt

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I believe that the basic principles I defend here were true two thousand years ago and will be true two thousand years in the future.
Note:SIA CHIARO NN SIAMO RELATOVISTI

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That said, current events give this topic special interest.
MA C È UN ATTUALITÀ...GENOVA...POLIZIA FASCISTA....POLIZIA RAZZISTA