A collage of images, featuring most prominently a person holding a sign reading "no justice no peace"

Category: Duties

Duties / International / Old Blog / Punishment / Rights

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Should Snowden go back to America?

Source: Wikimedia Commons http://en.wikipedia.org/wiki/File:Edward_Snowden-2.jpg  

“Mr Snowden violated US law. He should return to the US and face justice,” argued a senior White House advisor. That attitude reflects the reaction of many in the American and British security establishment to Snowden’s leaking of classified documents detailing the mass surveillance programs of the US and British governments. Currently Snowden has temporary asylum in Russia, which is due to expire at the end of July 2014 (though I’m still hoping Germany might do the right thing and offer him asylum). There are however I think broadly three reasons that could be given for why Snowden should instead go back to America and face trial, only one of which has I think has some plausibility, though I think its overridden by other considerations.
First, some might argue that Snowden should go back and face trial because he harmed national security. This is the kind of argument made by the security services themselves and their political allies. The head of Britain’s MI6 for example said that the UK’s enemies were “rubbing their hands with glee” at Snowden’s revelations about spying practices. I think this kind of argument is entirely wrong. Not only should we be sceptical that national security, as it conceived by the US and UK authorities, is something to be protected. But as Glenn Greenwald shows in his excellent replies to this BBC interview the supposed harm done to national security is unproven, and most likely untrue. ‘Terrorist’ groups for example already know that everything they do is subject to intense monitoring by the security services. It is also an attempt to distract from how these surveillance programs have invaded the privacy of innocent people. Furthermore, we should always question official claims of harm done to national security if those same officials deny the public access to the information required to evaluate those claims.

Glenn Greenwald on BBC Newsnight
A second kind of argument doesn’t claim that Snowden did anything wrong but argues that if you carry out an act of civil disobedience you should be prepared to bear the legal consequences of it. It is often thought that even if breaking an individual law (such as leaking classified documents) can be justified for conscientious reasons, you are still have an obligation to the overall legal and political system. This means that you should stand trial as a way to show both your disagreement with the specific law and your commitment to that system. But as Kimberley Brownlee points out it is not clear that willingness to accept punishment is really an essential part of civil disobedience. In many cases of civil disobedience there does not seem to be any obligation to the overall legal and political system because that system is so unjust. This is definitely true of the US during the period of the civil rights movement (often thought a defining case of civil disobedience) and it is, I would argue, still true of the US today. The enormous levels of economic inequality, the extensive and institutionalised racial and gender injustices, and the military and economic actions of the US across the world, mean that citizens (such as Snowden) do not I think have an obligation to the US legal and political system.
A more plausible version of the previous argument is that Snowden should go back because this makes it more likely that people will take his views more seriously and challenge the surveillance programs of the state. This is essentially a strategic argument about what is most likely to convince people. A frequent reaction in the American press has for example to point to Snowden’s supposed ‘hypocrisy’ in asking for asylum from an authoritarian regime like Russia (it is frequently forgotten that Snowden was forced to stay in Russia because the US withdrew his passport). Returning to America, it could be argued, would make it easier to counteract this kind of argument and make the case against state surveillance.

While I think this is the most plausible argument (because we desperately need a campaign against the surveillance of the state) I don’t think its decisive. Its not clear to me that if Snowden would go back that it would make that much difference to the debate. There is an enmeshed security and media establishment in the US (and the UK) that is dedicated to the destruction of his credibility. Furthermore we have to consider how terribly the US has treated other similar whistle-blowers, such as Chelsea Manning. She was subjected to 11 months of solitary confinement, which the UN special rapporteur on torture described as “cruel, inhuman and degrading treatment” that “could constitute torture”, and she has now been sentenced to 35 years in prison. Given that Snowden could expect similar treatment I think he is justified in staying as far away as he can.

Distribution / Duties / Health / Old Blog

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‘Social’ Deprivation

To say that a citizen suffers social deprivation is typically thought to imply that the citizen suffers poverty, has poor education, and has a low socioeconomic status. In this blog post, I am not concerned with social deprivation conceived in this way. Rather, what I understand by ‘social’ deprivation is ‘a persisting lack of minimally adequate opportunities for decent human contact’*. According to this definition, citizens suffer social deprivation when they are denied minimally adequate opportunities for interpersonal interaction, associative inclusion, and interdependent care, for example.
 
Social deprivation is closely related to loneliness – defined as the perceivedlack of opportunities for valuable human contact. A 2010 survey by the Mental Health Foundation reported that, in the UK, only 22% of citizens never feel lonely, 11% feel lonely often, and 42% have felt depressed as a result of loneliness. More tellingly, the survey also found that 48% of citizens strongly agree or agree that people are getting lonelier in general. Strictly speaking, loneliness need not be caused by social deprivation; however, it seems reasonable to think that social deprivation will often play an important causal role.
 
Worryingly, the adverse affects of social deprivation and loneliness are manifold. For example, various empirical studies have revealed that both social deprivation and loneliness are associated with numerous adverse health outcomes and morbidity and mortality, in particular. Notably, loneliness is reported to be as much as a predictor of bad health as smoking! In addition to their adverse physiological effects, social deprivation and loneliness also have adverse psychological effects: in fact, in extreme cases, such as those involving long-term solitary confinement, social deprivation and loneliness are often reported to be as agonising an experience as torture.  
 
What is the significance of all of this? Clearly, this evidence suggests that, in addition to a concern for citizens’ material interests, we should also have a concern for citizens’ social interests. In other words, we have weighty reasons to care about, and to protect against, social deprivation and loneliness. In the remainder of this post, I outline and briefly defend two more specific proposals that aim at serving this end.
 
First, our concern for citizens’ social interests seems to suggest that we should prohibit use of institutionalised forms of social deprivation, such as long-term solitary confinement and medical isolation and quarantine. Instead, and even if it is more expensive, we should look to use alternative practices that serve the same function as the original institution, but in a way that protects citizens’ interest in decent human contact. The argument here is simple: evidence suggests that these practices cause considerable psychological and physiological harm, and this harm far outweighs the level of harm citizens – and even serious criminal offenders – are liable to bear.
Second, our concern for citizens’ social interests also suggests that we have weighty reasons to invest in infrastructure that is conducive to the protection of opportunities for decent human contact. This could take the form of mobility assistance for those, such as the elderly, who are most likely to suffer social deprivation, or subsidies for organisations, such as community pubs, that play an important role in meeting many citizens’ social needs. Failing to invest here amounts to risking neglect for citizens’ social interests and, for this reason, must be avoided. 

*I take this definition of ‘social deprivation’ from Kimberley Brownlee, ‘A Human Right Against Social Deprivation’, The Philosophical Quarterly, 63 (2013), 199-222.