Political Philosophy - Lesson 3: Reason of state PDF

Preview

Summary

Notes from all the classes of a subject Political Philosophy taught in English by Oscar Perez de la Fuente....

Description

REASON OF STATE Dirty hands -

-

state in danger (ex. pandemic, national security), politicians or governors have to make decisions that are immoral or illegal democracy → can increase difficulty because the public official may act badly, yet for the greater good, with the consent of citizens (democratic reason of State) - the democracy fails bc it involves secrecy, lies, manipulation, deceit → if this decision would be made public, citizens undermined if you want clean hands: resign or don't have political responsibilities Parliamentary commission → they speak of hypothetical situations (what would happen) you approve certain conduct and you legitimize this reason of State

Control of these decisions (if they were successful enough → elimination of 'dirty hands' problem): a) Retrospectively: it's often too late b) Generalizing: trial or public discussion so obtaining its justification c) With mediation: parliamentary committees (control or research), if politics can't be made by public legislators who replace citizens, supervising the actions of executives who make and instrument decision ➔ democratic way of dirty hands but doesn't solve the problem Politicians and their private live -

-

everything what effects public or third parties should be of general knowledge in US culture → close relationship between private and public life (picture with family, explaining values), in the US you are searching for the candidate with best values --- if he cheats on his wife, he's bad candidate --- not in Europe - searching for good character - 'if bad values in private life, maybe also in politics' in Europe separation between public and private life (now it changed a bit, we have more info) - Policeman punished for belonging to a nudist club (using his uniform in private for making money)? - Should a politician be dismissed because he maltreated his wife? Characteristics of a politician:

-

-

physical and mental competency no abuse of power to private ends no bad influence of others coherence between public statements and private actions doesn't have to lead a life of holiness but should stick to certain obligations "the way officials conduct their private lives can affect, for better or worse, the way his leading citizens" THOMPSON when his behavior in private is directly related to its policy and diverges activity, then some political responsibility is required

The right to know: -

-

health state friends and family (if you have relations with rich or companies with contract with administration the the public has right to know because it can affect the politician) legal means: commissions, investigations electoral campaign: personal not political affairs

Law and Politics -

discretion in nominating for a public position: someone reliable and virtuous politics is autonomous of ethics but not of Law arbitrariness (acting without explanation, justification, rules) prohibited

Responsibility A) legal sanction: you pay money or go to jail, all citizens B) political sanction: resign or superior dismisses you, conduct that is not illegal, it is legitimate but politically incorrect, can end officials politically incompetent without imprisonment, only citizens who hold office or perform public function, "the withdrawal of the confidence that was given to someone holding public office" - these 2 not necessarily linked but can become complementary - In vigilando: watching others acts, the immediate superior is responsible for the acts of his subordinates if he fails to know how they are working - In eligendo: choosing the right person, when a subordinate makes political mistakes or commits malfeasance, the immediate superior is politically liable "for he made an ill-advised appointment, which risked the correct governance however that may be, of the nation and put his trust in someone did not deserve it" Reason of state -

deep and difficult concept if state is in danger it justifies acting immorally and illegally → 'Dirty hands' In this regard, the safeguarding of State (end) justify the conduct of any behavior involving the use of force (means) Machiavelli: primacy of politics over ethics, pragmatism over idealism → justifying the breach of legal obligations features of this forming since the 16th century does not assume an arbitrary act BUT a rational, informed one with a utilitarian purpose fake news with a certain purpose → affects national security people in favor State: potential enemy of Law and public morality (president spying on opposition) not always end justify means problem of differentiating between "real situations of serious threat to State security" and "conducts that justifies itself under the reason of State"

Limits of reason of State -

-

responsible political action (ethics of conviction) A) great danger for national security B) behaviour that uses ROS as a pretext (=záminka) political action has its own rules but subordinated to law and ethics

-

legal responsibility + political responsibility minimal ethics (fundamental rights)

Pedro de Rivadeneyra -

believes that there is good (if it benefits Church and religion) and bad (Machiavellian) reason of State against Machiavelli's vision

3. What is the difference between the good and the bad reason of State? Is a good criticism of Maquiavelian approach? Why? Machiavelli thinks if state is in danger, all decisions should be praised, Rivadeneyra thinks it's a good idea but not all ends justify the means and that it should be applied only if religion or church is in danger machiavellism is an extreme consequalism

Democratic reason of state -

currently the only kind of reason of state can be justified legally and ethically usually coincides with the cases of dirty hands when democratic country is in danger → how should the state behave in these exceptional situations when extraordinary circumstances appear and it is impossible to maintain 'normal' by the ordinary powers of the competent authorities defence of rule of Law State of emergency: natural catastrophes, public health, public services State of exception: rights and freedoms, public services, democratic institutions State of siege (=obležení): against sovereignty, independence, territorial integrity, constitutional order

Anti terrorism legislation -

limits: never torture anti-terrorism laws that have existed in Spain or other countries seek to legalize a series of actions which under normal circumstances would be illegal and unconstitutional

Secret of State -

exception to publicity rule to maintain State

Foreign reason of State -

international relations between states state should prevail their interest, their strategy the best in order to have the best outcome war, threats, sanctions strategic political and economic interests alliance Australia + UK + USA --- France disappointed with Australia, they had contract of submarines, now this contract no more valid → understand

-

of question of reason of state → Australia state in danger, wants best solution we cannot justify invasion, industrial and commercial espionage, pressures for contracting national companies...