The Morality of Treason

Law and Philosophy 39 (4):427-461 (2020)
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Abstract

Treason is one of the most serious legal offences that there are, in most if not all jurisdictions. Laws against treason are rooted in deep-seated moral revulsion about acts which, in the political realm, are paradigmatic examples of breaches of loyalty. Yet, it is not altogether clear what treason consists in: someone’s traitor is often another’s loyalist. In this paper, my aim is twofold: to offer a plausible conceptual account of treason, and to partly rehabilitate traitors. I focus on informational treason, as the act of passing secret intelligence to foreign actors without authorization. I argue that informational treason is sometimes justified, indeed morally mandatory; even when it is morally wrong, its beneficiaries are sometimes justified, indeed obliged, to make use of the intelligence thereby provided.

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Cecile Fabre
Oxford University

Citations of this work

Political corruption in unjust regimes.Cécile Fabre - forthcoming - European Journal of Political Theory.
Mala Prohibita and Proportionality.Youngjae Lee - 2021 - Criminal Law and Philosophy 15 (3):425-446.

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References found in this work

The Ethics of Government Whistleblowing.Candice Delmas - 2015 - Social Theory and Practice 41 (1):77-105.
On following orders in an unjust war.David Estlund - 2007 - Journal of Political Philosophy 15 (2):213–234.
Whistleblowing as civil disobedience.William E. Scheuerman - 2014 - Philosophy and Social Criticism 40 (7):609-628.
The Empowering Theory of Trust.Victoria McGeer & Philip Pettit - 2017 - In Paul Faulkner & Thomas W. Simpson (eds.), The Philosophy of Trust. Oxford University Press. pp. 14-34.
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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