Reining in Private Agents
Headnotes, Volume 101, Forthcoming
53 Pages Posted: 19 May 2016
Date Written: May 18, 2016
Major segments of Western social and political thought hold the private sector to be the realm of freedom, and the government to be a coercive power that must be constrained. This article demonstrates that in three major areas — the collection of personal information, policing, and military interventions overseas — private actors allow the government to circumvent such restrictions. Various remedies have been suggested to reduce if not prevent this development. After reviewing them, we suggest a need for a profound rethinking of the basic normative and legal principles at issue.
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