The teleological account of proportional surveillance

This article analyses proportionality as a potential element of a theory of morally justified surveillance, and sets out a teleological account. It draws on conceptions in criminal justice ethics and just war theory, defines teleological proportionality in the context of surveillance, and sketches some of the central values likely to go into the consideration. It then explores some of the ways in which deontologists might want to modify the account and illustrates the difficulties of doing so. Having set out the account, however, it considers whether the proportionality condition is necessary to a theory of morally justified surveillance. The article concludes that we need and should apply only a necessity condition, but notes that proportionality considerations may retain some use in in practice, as a form of coarse‐grained filter applied before assessing necessity when deliberating the permissibility of potential forms of surveillance

Proportionality and its Applicability in the Realm of Cyber Attacks

With an ever-increasing reliance on State cyber-attacks, the need for an international treaty governing the actions of Nation-States in the realm of cyberwarfare has never been greater. States now have the ability to cause unprecedented civilian loss with their cyber actions. States can destroy financial records, disrupt stock markets, manipulate cryptocurrency, shut off nuclear reactors, turn off power grids, open dams, and even shut down air traffic control systems with the click of a mouse. This article argues that any cyber-attack launched with a reasonable expectation to inflict “incidental loss of civilian life, injury to civilians, or damage to civilian objects,” must be subject to the existing laws of proportionality. This article further examines the broader concept of proportionality, and the difficulties associated with applying a proportionality analysis to an offensive cyber-strike. This paper asserts that the ambiguities and complexities associated with applying the law of proportionality—in its current state and within a cyber context—will leave civilian populations vulnerable to the aggressive cyber actions of the world’s cyber powers. Consequently, this article stresses the necessity of developing a proportionality standard within a unified international cyberwarfare convention and asserts that such a standard is required in order to prevent the creation of a pathway towards lethal cyber aggressions unrestrained by the laws of war

Proportionality in Constitutional and Human Rights Interpretation

In this article the author, in a context in which principles and the principle of proportionality are at the heart not only of jurisprudence but also of constitutional and human rights interpretation, claims that when there were those ready to raise the hand to declare a unanimous winner, some critics and skeptics appeared. In addition, to the traditional objections, they worry that proportionality invites to doing unnecessary balancing between existing rights, inventing new rights out of nothing at all (in detriment of those already well-established ones), and even worse in doing so balancing some rights away. In order to answer to such objections and to reject them, as well as to reinforce the importance of this development, the author: first, revisits the constitution of principles and of the principle of proportionality, which per definitio contradicts each one of this objections; and, then, restates the constitution of the principle of proportionality as a principle of principles not only in constitutional and human rights interpretation but also in legislation, including constitutional reformation, and adjudication

Natural Resource Distribution and Multiple Forms of Civil War

We examine how natural resource location, rent sharing and fighting capacities of different groups matter for ethnic conflict. A new type of bargaining failure due to multiple types of potential con.icts (and hence multiple threat points) is identified. The theory predicts conflict to be more likely when the geographical distribution of natural resources is uneven and when a minority group has better chances to win a secessionist rather than a centrist con.ict. For sharing rents, resource proportionality is salient in avoiding secessions and strength proportionality in avoiding centrist civil wars. We present empirical evidence that is consistent with the model.Natural Resources, Conflict, Strength Proportionality, Resource Proportionality, Secession, Bargaining Failure.

Theorem on the proportionality of inertial and gravitational masses in classical mechanics

We considered the problem of the proportionality of inertial and gravitational masses in classical mechanics. We found that the kinetic energy of a material mass point m in a circular motion with a constant angular velocity around another material point M depends only on its gravitational mass. This fact, together with the known result that the straight line is a circumference with an infinite radius, allowed us to prove the proportionality between the inertial and gravitational masses.Comment: ReVTeX file, 10p