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The Case Against Privatization

Avihay Dorfman

Tel Aviv University - Buchmann Faculty of Law

Alon Harel

Hebrew University of Jerusalem - Faculty of Law

November 15, 2012

Philosophy & Public Affairs (2013 Forthcoming)

This article develops a non-instrumental argument against privatization of certain forms of political violence. Its primary foci are the privatization of prisons and the use of mercenaries in wars. The article maintains that some governmental decisions simply cannot be executed by private entities. While private individuals may act in conformity with the state's orders, such conformity cannot count as an execution of the order of the state and cannot be attributed to the state. Conformity that does not constitute an execution of the state's order, in turn, fails to realize the ends for the sake of which the infliction of force is justified, i.e., condemnation of the criminal behavior (in the case of punishment) and fighting for the polity’s public good (in the case of wars).

Number of Pages in PDF File: 30

Keywords: privatization, public officials, political legitimation, punishment, war

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Date posted: July 10, 2012 ; Last revised: April 15, 2015

Suggested Citation

Dorfman, Avihay and Harel, Alon, The Case Against Privatization (November 15, 2012). Philosophy & Public Affairs (2013 Forthcoming). Available at SSRN: https://ssrn.com/abstract=2103365 or http://dx.doi.org/10.2139/ssrn.2103365

Contact Information

Avihay Dorfman (Contact Author)
Tel Aviv University - Buchmann Faculty of Law ( email )
Ramat Aviv
Tel Aviv 69978, IL
Alon Harel
Hebrew University of Jerusalem - Faculty of Law ( email )
Mount Scopus, 91905
97 22 588 2582 (Phone)
97 22 582 3042 (Fax)

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