Ethical Theory and Moral Practice 18 (3):529-548 (2015)

Kevin Macnish
University of Twente
It is often claimed that surveillance should be proportionate, but it is rarely made clear exactly what proportionate surveillance would look like beyond an intuitive sense of an act being excessive. I argue that surveillance should indeed be proportionate and draw on Thomas Hurka’s work on proportionality in war to inform the debate on surveillance. After distinguishing between the proportionality of surveillance per se, and surveillance as a particular act, I deal with objections to using proportionality as a legitimate ethical measure. From there I argue that only certain benefits and harms should be counted in any determination of proportionality. Finally I look at how context can affect the proportionality of a particular method of surveillance. In conclusion, I hold that proportionality is not only a morally relevant criterion by which to assess surveillance, but that it is a necessary criterion. Furthermore, while granting that it is difficult to assess, that difficulty should not prevent our trying to do so
Keywords Surveillance  Proportionality  Thomas Hurka  Just war  Datong  Oliver O’Donovan
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DOI 10.1007/s10677-014-9537-5
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References found in this work BETA

The Right and the Good.Some Problems in Ethics.W. D. Ross & H. W. B. Joseph - 1933 - Journal of Philosophy 30 (19):517-527.
Proportionality in the Morality of War.Thomas Hurka - 2005 - Philosophy and Public Affairs 33 (1):34-66.
Intention, Permissibility, Terrorism, and War.Jeff McMahan - 2009 - Philosophical Perspectives 23 (1):345-372.

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Citations of this work BETA

A Neo-Republican Theory of Just State Surveillance.Patrick Taylor Smith - 2020 - Moral Philosophy and Politics 7 (1):49-71.
The Ethics of Whistleblowing: Creating a New Limit on Intelligence Activity.Ross W. Bellaby - 2018 - Journal of International Political Theory 14 (1):60-84.

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