Governmental Power: Quality or Identity? Comment on Alon Harel's Argument against Outsourcing Violence

Law and Ethics of Human Rights 5 (2):416-423 (2011)
What is the appropriate division of power between public officials and private individuals? The straightforward answer to this question, it seems, is that an official should have a power if she employs it (morally) better compared to a private individual. However, Alon Harel argues that this answer is misguided, or at least partially, since there are some decisions—mainly concerning the employment of violence—that should be made and implemented only by public officials regardless of the (relative) moral quality of the decision or action. In this comment I consider and criticize this argument.
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DOI 10.2202/1938-2545.1064
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Alon Harel (2011). Outsourcing Violence? Law and Ethics of Human Rights 5 (2):396-413.
Alon Harel (2005). Theories of Rights. In Martin P. Golding & William A. Edmundson (eds.), The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Pub.
Alon Harel (2007). Regulating Modesty-Related Practices. Law and Ethics of Human Rights 1 (1):213-236.

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