Policing the Gaps: Legitimacy, Special Obligations, and Omissions in Law Enforcement

Criminal Law and Philosophy 17 (2):407-427 (2023)
  Copy   BIBTEX

Abstract

The ethics of policing currently neglects to provide a framework for analysing the morality of deliberate inactions to prevent harm, even though these are often adopted tactically by police as a means of preventing greater harms. In this paper we argue (a) that police have special moral obligations to prevent harm, grounded both in a contractarian account of police legitimacy and in the interpersonal morality of associations and (b) that police are morally culpable for failures to fulfil these special obligations when these are neither proportionate nor necessary to the prevention of greater crime-related harms. Our claims have implications both for the morality of policing and for its regulation and governance under human rights legislation, which we argue should be reformed so as to recognise police culpability not only for inflictions of harm, but also for failures to prevent it.

Other Versions

No versions found

Links

PhilArchive



    Upload a copy of this work     Papers currently archived: 100,865

External links

Setup an account with your affiliations in order to access resources via your University's proxy server

Through your library

Similar books and articles

Just Policing.Jake Monaghan - 2023 - New York, US: Oxford University Press.
The Special Moral Obligations of Law Enforcement.Jake Monaghan - 2017 - Journal of Political Philosophy 25 (2):218-237.
Applying the Imminence Requirement to Police.Ben Jones - 2023 - Criminal Justice Ethics 42 (1):52-63.
Policing.Luke William Hunt - 2017 - In Mortimer Sellers & Stephan Kirste (eds.), Encyclopedia of the Philosophy of Law and Social Philosophy. Springer.
Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):40-55.
Policing Disobedient Demonstrations.Jake Monaghan - 2023 - Criminal Law and Philosophy 17 (3):653-668.
Police Ethics after Ferguson.Ben Jones & Eduardo Mendieta - 2021 - In Ben Jones & Eduardo Mendieta (eds.), The Ethics of Policing: New Perspectives on Law Enforcement. New York: NYU Press. pp. 1-22.

Analytics

Added to PP
2022-03-29

Downloads
39 (#575,001)

6 months
10 (#399,629)

Historical graph of downloads
How can I increase my downloads?

Author's Profile

Katerina Hadjimatheou
University of Essex

Citations of this work

Add more citations

References found in this work

What We Owe to Each Other.Thomas Scanlon (ed.) - 1998 - Cambridge: Harvard University Press.
Justice as fairness: a restatement.John Rawls (ed.) - 2001 - Cambridge: Harvard University Press.
Group agency: the possibility, design, and status of corporate agents.Christian List & Philip Pettit - 2011 - New York: Oxford University Press. Edited by Philip Pettit.
Famine, Affluence, and Morality.Peter Singer - 1972 - Oxford University Press USA.
What We Owe to Each Other.Thomas Scanlon - 2002 - Mind 111 (442):323-354.

View all 23 references / Add more references