Snowden Would Return To US If Government Guarantees Fair Trial (thehill.com)

An anonymous reader writes: Edward Snowden said if the government would guarantee him a fair trial, he would return to the United States. Snowden spoke via Skype from Russia on Saturday at the New Hampshire Liberty Forum, WTOP reported. "I've told the government I would return if they would guarantee a fair trial where I can make a public interest defense of why this was done and allow a jury to decide," Snowden said.

Comments

Re:They might guarantee it...

[alexgieg]

Try as I might, it's hard for me to see Snowden or anyone else who explicitly breaks their word as any sort of hero or candidate for Giver of Law.

There are three main schools of thought on what constitutes a moral act: a) doing what's right in itself irrespective of the consequences, a.k.a. Virtue Ethics; b) obeying and fulfilling your duties irrespective of the consequences, a.k.a. Deontology; c) doing what will result in the best outcome for the most people irrespective of concepts of virtue or duty, a.k.a. Consequentialism.

It seem clear you subscribe to Deontology. You feel that once you promise and accept a duty, the moral path is to do as you promised and fulfill that duty, otherwise what might happen if everyone began ignoring their word and doing what they feel is right or feel provided the best outcome?

The problem with Deontology is that it only works well (from the other two ethical perspectives) if the duties being fulfilled are themselves virtuous and/or if they provide the best outcome for the majority. For example, let's say you subscribe to the duty of always saying the truth, otherwise what would happen if everyone were free to lie. That's all fine and nice in a good society. In a fascist society however, it leads to telling the SS the truth about those Jews hidden in the third house down the road.

Snowden evidently isn't a Deontologist. He's either a Virtue Ethicist, thinking that bringing evil to light is a good in itself and nothing else matters, or a Consequentialist, thinking that by bringing these facts to light the state of the world will improve for the majority.

Now, here's the fun thing: opting for either of these three ethical frameworks is arbitrary. There's no criteria by which one can objectively conclude one is better than the other. In this it's like religion: you either believe in this, or in that, or in the other, or even in neither.

The we have a second set of criteria: is Law something people create, or discover?

Those who think it's a creation, called Legal Positivists, are usually Deontologists (strong belief in this, almost no belief in exceptions) or Consequentialists (weak belief in this, open to lots of exceptions), and think basically anything goes. Virtue Ethicists, on the other hand, believe Law is discovered, and therefore that you can have laws in the book that are either valid because they express a Natural Law that preexists any human writing it down, or that are invalid because they don't, and then the fact they were written down by someone to be meaningless. Legal Naturalism is a tradition that goes back to Plato and Aristotle, who both wrote on the distinction between true and fake laws.

Since you're a Deontologist, it seems to me you're very likely to also be a Legal Positivist. The law that one must obey is what's in the books, and that's it. Snowden, evidently, disagree, and most everyone who looks at any law and thinks "this is unjust".

And then we have a third sect of criteria: that of the psychological way people think about justice questions. There are six approaches to this, in a scale psychologist Lawrence Kohlberg identified in the 1960's. Here, the important point is that "law agreed upon by different groups as the source of justice and the means by which they don't fight each other" is a strong belief of those fitting what Kohlberg identified as the 4th stage in the scale: "Law and order morality".

Now, I cannot say in which stage Snowden is, but it wouldn't surprise me if he were at stage 5. In stage 5, "Social contract orientation", justice rises from the agreement of individuals, an agreement that can change over time but must be construed by them explicitly as individuals, and not as members (real or perceived) of groups seen as single blocks. As a "stage 5" then, Snowden would find that hidden laws and hidden rules (which are okay from the perspective of stage 4) are something that doesn't provide for true democracy, and decided to put pressure into making things move up.

As you can see then, there are several ways by which Snowden can indeed be seen as someone doing right, even if from your perspective what he did was anything but.