' ...this volume extracts the moral and ethical conflicts presented by everyday police activity and makes explicit the assumption that shape the police response... '.

In 2001, three non-Aboriginal men in their twenties were charged with the sexual assault of a twelve year old Aboriginal girl in rural Saskatchewan. Legal proceedings lasted almost seven years and included two preliminary hearings, two jury trials, two retrials with juries, and appeals to the provincial appeal court and the Supreme Court of Canada. One accused was convicted. The case raises questions about the administration of justice in sexual assault cases in Saskatchewan. Based on observation and analysis of the (...) record, this paper: (1) examines relationships between legal errors dealing with availability of the defence of “belief in consent” and interpretation of the “all reasonable steps” provision, the need for retrials, and apprehended race-gender-age bias and discrimination; and 2) proposes incremental and systemic remedies to address the weaknesses in police, prosecutorial and judicial policy and practice highlighted by this case. (shrink)

Earp, Lewis, and Hart argue the pursuit of racial justice requires a summary end to the war on drugs. In surveying the racially disparate harms of an enforcement-oriented, punitive, and ulti...

Criticisms of how police exercise their authority are neither new nor uncommon. Police officers have considerable power, and they often must draw on that power in complex and pressing circumstances. This collection of essays by fifteen leading specialists in ethics and criminal justice examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make: When should they get involved? Whom should they watch? What (...) constitutes a 'disturbance of the peace'? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, making Handled with Discretion an excellent text for stimulating discussion in the classroom. (shrink)

Diverse and dynamic societies face a problem of social control. Institutions of social control, of which the police are a part, are a necessary part of just and legitimate governance. But in our non-ideal world they are also responsible for injustices of their own. This project raises questions of political philosophy as they apply to the professional police agency. It begins by constructing an inchoate, but mainstream view about just policing, legalism, according to which police power is (...) justified by the criminal code, and just policing is just the faithful enforcement of law. This view is undermined by the practical realities of policing, which involves widespread and unavoidable police discretion. It then develops an account of just and legitimate police discretion, including principles of proportionality, liberal neutrality, and democratic responsiveness. This sheds lights on controversial police tactics, order maintenance initiatives, and community policing strategies. This account also informs the just institutional arrangement of police powers, informing ongoing debates about police reform and abolition. (shrink)

Policing is a highly pragmatic occupation. It is designed to achieve the important social ends of peacekeeping and public safety, and is empowered to do so using means that are ordinarily seen as problematic; that is, the use of force, deception, and invasions of privacy, along with considerable discretion. It is often suggested that the ends of policing justify the use of otherwise problematic means, but do they? This book explores this question from a philosophical perspective. The relationship between (...) ends and means has a long and contested history both in moral/practical reasoning and public policy. Looking at this history through the lens of policing, criminal justice philosopher John Kleinig explores the dialectic of ends and means and offers a new, sharpened perspective on police ethics. After tracing the various ways in which ends and means may be construed, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. nstrued, the book surveys a series of increasingly concrete issues, focusing especially on those that arise in policing contexts. The competing moral demands made by ends and means culminate in considerations of noble cause corruption, dirty hands theory, lesser degradations, and finally, those means deemed impermissible by the majority in Western culture, such as torture. (shrink)

Drawing on a Norwegian research project investigating the possible existence of police racism, this article explores challenges related to conducting research in such sensitive sites as the police with reference to methodological and institutional obstacles. The project featured participant observation, in-depth interviews with ethnic minority men, and in-depth interviews with police officers and lays the basis for a discussion of the diverging perspectives on police racism held by the police and by members of ethnic minorities. (...) The degree to which research on the police can reveal the ‘truth’ of policing and thereby contribute to changing police practice is problematised and questions are asked about the extent to which research can contribute to facilitating change within the police that might be of benefit to the relationship between the police and ethnic minorities. A key question raised is whether the existence of a specific police culture, featuring loyalty, a hierarchical organisational structure and the use of discretion may prevent such research methods from revealing ‘true’ data, as well as organisational change. A discussion of problem-oriented policing illustrates some of the obstacles to implementing changes. The article concludes that the police in Oslo do not demonstrate evidence of institutional racism though there is evidence of derogatory language use and stereotyping where ethnic minorities are stereotyped in homologous ways to other marginalised groups who come into contact with the police such as drug users. (shrink)

The killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Alton Sterling, Philando Castile, and others have instigated widespread debate concerning the ethics and politics of police behavior toward young black men in America. In this article, I show how Josiah Royce’s philosophy of loyalty provides a useful theoretical framework for diagnosing and working to overcome strained relations between police and black citizens in the United States. I begin by establishing the relevance of Royce’s thought to the (...) realm of police ethics. Then, I argue that Royce’s notion of loyalty to loyalty is a useful and powerful lens through which we can examine the practice of police discretion, particularly as it comes to bear on racial profiling and use of force. I conclude by offering what I regard as Roycean recommendations aimed at ameliorating the fractured relationship between police and blacks in America today. (shrink)

The killings of Trayvon Martin, Michael Brown, Eric Garner, Tamir Rice, Alton Sterling, Philando Castile, and others have instigated widespread debate concerning the ethics and politics of police behavior toward young black men in America. This article shows how Josiah Royce’s philosophy of loyalty provides a useful theoretical framework for diagnosing and working to overcome strained relations between police and black citizens in the United States. The author begins by establishing the relevance of Royce’s thought to the realm (...) of police ethics. Then, it is argued that Royce’s notion of loyalty to loyalty is a useful and powerful lens through which the practice of police discretion may be examined, particularly as it comes to bear on racial profiling and use of force. The author concludes by offering Roycean recommendations aimed at ameliorating the fractured relationship between police and blacks in America today. (shrink)

Some patients have no chance of surviving if not treated, but very little chance if treated. A number of medical ethicists and physicians have argued that treatment in such cases is medically futile and a matter of physician discretion. This paper is a critical examination of that position. According to Howard Brody and others, a judgment of medical futility is a purely technical matter, and one which physicians are uniquely qualified to make. Although Brody later retracted these claims, he (...) held fast to the view that physicians need not consult the patient or his family to determine their values before deciding not to treat. This is because professional integrity dictates that treatment shouldn't be undertaken. The argument for this claim is that medicine is a profession and a social practice, and thus capable of breaches of professional integrity. Underlying professional integrity are two moral principles, one concerning harm, the other fraud. Both point to the fact that when the odds of survival are very low treatment is a violation of professional integrity. The details of this skeletal argument are exposed and explained, and the full argument is subjected to criticism. On a number of counts, it's found wanting. If anything, professional integrity points to the opposite conclusion. (shrink)

Scholars have identified policing and hyper-incarceration as key mechanisms to reproduce racial inequality and poverty. Existing research, however, often overlooks how policing practices impact gender and sexuality, especially expansive expressions of gender and non-heterosexuality. This lack of attention is critical because lesbian, gay, bisexual, transgender, and queer people disproportionately experience incarceration, including LGBTQ youth who are disproportionately incarcerated in juvenile detention. In this article, I draw on 18 months of ethnographic fieldwork and 40 in-depth interviews with LGBTQ youth experiencing homelessness (...) to address this gap in the literature by documenting how police and other agents of the state use their discretion to regulate youth’s gender expressions, identities, and sex lives. I posit that current policing patterns of discrimination operate primarily not through de jure discrimination against LGBTQ people but as de facto discrimination based on discretionary hyper-incarceration practices that police gender, sexuality, and LGBTQ people. I contend that policing is not only about maintaining racial inequality and governing poverty but also about controlling and regulating gender and sexuality, especially the gender and sexuality of poor LGBTQ people of color. (shrink)

S razvitkom kapitalizma sve više se govori i piše o slobodnom vremenu, a njegovim komercijaliziranjem razvile su se unosne gospodarske grane: »industrija zabave«, turizam i sport. Kapital, međutim, slobodno vrijeme najprije prepoznaje kao vrijeme slobodno od rada, tj. kao besposlicu, a tek u najnovije doba – kada je naučio kako od njega profitirati – i kao vrijeme slobodno za učenje i stvaralaštvo, tj. kao dokolicu.Razlika između besposlice koja teži potrošnji i dokolice koja se ispunjava samodjelatnošću mnogima je još nejasna. A (...) tu se razliku često i namjerno prikriva da bi se slobodno vrijeme, s jedne strane, lakše komercijaliziralo i da bi se, s druge strane, poništio njegov društveno revolucionarni naboj. Tome služi i prikrivanje razlike između rada i samodjelatnosti, pa se postavlja pitanje: jesu li sportska natjecanja igra ili rad? Ili za primjer: igra li se nogomet, ili se nogomet radi?With the development of capitalism free time is more and more the subject of spoken and written word, and with its commercialization three profitable economy branches have developed: “entertainment industry”, tourism and sport. Capital, meanwhile, identifies free time as time free from work, or idleness, and only in recent time – when it learnt to make profit out of free time- time free for learning and creativeness, or as leisure.Difference between idleness, which leans towards consumption, and leisure, which fulfils itself with self-activity, to a great many is still obscure. And that difference is often and purposely concealed meaning to, on one side, commercialize free time more easily and, on the other hand, to quash its socially revolutionary surge. For that purpose is also the concealing of difference between work and self-activity, and the question is asked: are the sport competitions a game or a work? Or precisely: “Does one play football, or does one do football?”. (shrink)

Kao i sva živa bića, čovjek je djelomično genetski predodređen, tj. određen i prije nego što se u potpunosti razvije kao ljudsko biće. Ali ono što čovjeka bitno razlikuje od svih nam poznatih živih bića, jest upravo to što je, u odnosu na njih, njegova predodređenost bitno manje u-rođena, a znatno više pri-rođena. A to znači da su ljudi u odnosu na druge žive vrste manje predodređeni na genskoj, a više na memskoj, upravo kulturnoj razini. Kulturni, a to znači povijesno (...) oduhovljeni okoliš u koji se djeca rađaju i koji zatiču pri-rođenju bitan je čimbenik njihova daljnjeg razvitka. Stoga se čovjek i ne rađa kao čovjek, nego kao dijete koje čovjekom tek mora postati. Za razliku, naime, od bićâ koja već pri rođenju imaju sve bitne odlike svoje vrste i koja se stoga mogu razvijati i uzgojem, tj. poticanjem na rast i pridizanjem onoga što im je biološki već dano, djeci je za ljudski razvitak potreban odgoj koji će ih tek uvesti u određenu kulturu kao njihov duhovni – i samo takav istinski ljudski – zavičaj. Čitavo čovjekovo biće, dakle i ono tjelesno, raste u duhu određene kulture i izrasta iz njega. Kako i koliko kultura određuje čovjeka – predmet je ove rasprave.As all other living beings, man is partially genetically predisposed, that is, determined even before it completely develops as a human being. However, the thing that differentiates man from all other known living beings is the fact that, compared to them, his predisposition is significantly less natured, and significantly more nurtured. This means that humans compared to other living species are less determined on a genetic, and more on a memetic, cultural level. Cultural, meaning a historically spiritualized environment, children are born into and find with birth, is an important factor of their further development. Thus, humans are not born as humans, but as children that have yet to become human. Namely, unlike the beings that have all the important characteristics of their species at birth, which are thus able to develop through breeding, that is, through encouragement of growth and nurturing of what is biologically given, for human development children need raising that will only introduce them into a specific culture as their spiritual – and truly human – environment. The entire human being, including the physical, grows up in a spirit of a specific culture and springs from it. How and how much culture determines man is the topic of this discussion. (shrink)

Budući da je, za razliku od manipulacije, moguć samo kao su-djelovanje u slobodi, odgoj se zbiva tamo i jedino se tamo može zbivati gdje se poštuje i razvija osobnost onih koji u odgoju sudjeluju, tj. koji međusobno odgojno djeluju. To upravo znači da je odgoj djelovanje utemeljeno u poštivanju drugog kao drukčijeg, samosvojnog, autonomnog, slobodnog bića. To nadalje znači da je odgoj u bîti uvijek odgoj za pluralizam vrijednosti, pretpostavki, vjerovanja, mišljenja, odnosno načine života koje ljudi razvijaju kao svoje i (...) u kojima se očituje njihova osobnost. Ali kao su-djelovanje u slobodi to poštovanje mora biti uzajamno.Odgajati dakle znači razvijati drugoga kao drukčijega, koji drži do svoje osobnosti, ali koji isto tako drži i do osobnosti drugih ljudi. I to ne samo zato što misli da pravo na vlastitu osobnost mora platiti pravom drugima da budu drukčiji, nego zato što je svijestan da je osobnost u bîti moguća tek s različitošću ljudi koji se u svojoj različitosti ipak međusobno uvažavaju i komuniciraju otvarajući kroz tu komunikaciju, baš svojom posebnošću, drugima nove mogućnosti osobnog razvoja. Drugim riječima, odgoj se zbiva tamo i tada gdje se zbiva drugi i drukčiji čovjek kojem je drugi i drukčiji čovjek najveća potreba, te sam biva čovjekom pomažući drugome da to bude.Since education, unlike manipulation, is possible only as a co-action in freedom, it occurs, andcan occur only at the point where educational co-actors’ personalities are being respected and developed. That implies that the education is an actionfounded in respecting the Other as different, autonomous and free human being. Furthermore,that figures that the education is essentially always an education for pluralism of values, presuppositions,beliefs, thoughts, ways of life that people develop as their very own and through which theymanifest their personalities. But, as the co-action in freedom, that respect has to be mutual.Therefore, educating means developing the Other as different, as one that respects his own personality,but also respects Others’ personalities. And not only because one considers that as a way ofpaying for the right to his own personality by means of Others’ rights to be different, but because ofbeing conscious that the personality is essentially possible only among different people who developmutual respect exactly through their differences. Through that kind of communication, particularlyby their singularity, they render new possibilities of personal development to Others. In other words,education takes place only there and then where other and different human beings occur, and assuch have the greatest need for different Others, being themselves the human beings by helpingOthers to be ones. (shrink)

Every year at its symposiums, the Croatian philosophical society proves that it wants to and can be in step with current happenings in the world and social needs which open up questions that ask for quick and well thought out an -swers. Such was foremost the symposium during the annual assembly of the Croatian Philosophical Society in 2000 under the titlePhilosophy and Educa-tion. There was also the international symposium held during the 13th Days of Frane Petriæ in Cres, September 20–22, (...) 2004 – under the title Philosophy and Education in Contemporary Society. The focal point of philosophical elabo -rations at the symposiums was one of the hot topics of the contemporary world: education. (shrink)

Osim intuitivnih spoznaja kojima svijest neposredno zna sebe kao postojeće, sve su ostale spoznaje višestruko posredovane. A da bi uopće bile moguće, moraju biti zasnovane na vjerovanju iz kojega jedino mogu proizići čak i najskromnije spoznajne pretpostavke. No iako je snažna vjera ili bar kakvo-takvo vjerovanje u valjanost pretpostavki nužno ishodište svake umske spoznaje, ipak je tek sumnja ta po kojoj se iz tih pretpostavki može doprijeti do znanja. Jer vjera koja nije otvorena za sumnju i provjeru, spoznajno je jalova. (...) Štoviše ona je istinogubna.Stoga upravo sumnja čini mišljenje kritičkim, a filozofiju kao filo-sofiju razgraničava od arogantnog dogmatizma, zdravorazumske ograničenosti i ideološke lažnosti.Pa ako umska spoznaja bez vjere ili bar vjerovanja nije moguća, vjera koja ne uvažava ili čak negira umsku spoznaju nedostojna je življenja.Except for intuitive cognitions by which consciousness is immediately aware of itself as existing, all other cognitions are mediated in multiple ways. To make this possible in the first place they need to be based on the belief from which even the most modest hypotheses can stem. Although firm faith or at least some kind of similar belief in the validity of the hypotheses is the necessary origin of every mental-rational cognition, doubt is the only thing that can lead to knowledge from those hypotheses. Faith which is not open to doubt and verification is cognitively futile. Furthermore, it is truth-evasive.Bearing that in mind doubt is that what makes thinking critical and draws the boundary between philosophy as philo-sophia and arrogant dogmatism, pure-sense limitation and ideological falseness.So if mental-rational cognition without faith or at least belief is not possible, the faith which does not respect or which even negates mental-rational cognition is unworthy of living. (shrink)

Monetary intelligence theory asserts that individuals apply their money attitude to frame critical concerns in the context and strategically select certain options to achieve financial goals and ultimate happiness. This study explores the dark side of monetary Intelligence and behavioral economics—dishonesty. Dishonesty, a risky prospect, involves cost–benefit analysis of self-interest. We frame good or bad barrels in the environmental context as a proxy of high or low probability of getting caught for dishonesty, respectively. We theorize: The magnitude and intensity of (...) the relationship between love of money and dishonest prospect may reveal how individuals frame dishonesty in the context of two levels of subjective norm—perceived corporate ethical values at the micro-level and Corruption Perceptions Index at the macro-level, collected from multiple sources. Based on 6382 managers in 31 geopolitical entities across six continents, our cross-level three-way interaction effect illustrates: As expected, managers in good barrels, mixed barrels, and bad barrels display low, medium, and high magnitude of dishonesty, respectively. With high CEV, the intensity is the same across cultures. With low CEV, the intensity of dishonesty is the highest in high CPI entities —the Enron Effect, but the lowest in low CPI entities. CPI has a strong impact on the magnitude of dishonesty, whereas CEV has a strong impact on the intensity of dishonesty. We demonstrate dishonesty in light of monetary values and two frames of social norm, revealing critical implications to the field of behavioral economics and business ethics. (shrink)

Monetary Intelligence theory asserts that individuals apply their money attitude to frame critical concerns in the context and strategically select certain options to achieve financial goals and ultimate happiness. This study explores the bright side of Monetary Intelligence and behavioral economics, frames money attitude in the context of pay and life satisfaction, and controls money at the macro-level and micro-level. We theorize: Managers with low love of money motive but high stewardship behavior will have high subjective well-being: pay satisfaction and (...) quality of life. Data collected from 6586 managers in 32 cultures across six continents support our theory. Interestingly, GDP per capita is related to life satisfaction, but not to pay satisfaction. Individual income is related to both life and pay satisfaction. Neither GDP nor income is related to Happiness. Our theoretical model across three GDP groups offers new discoveries: In high GDP entities, “high income” not only reduces aspirations—“Rich, Motivator, and Power,” but also promotes stewardship behavior—“Budget, Give/Donate, and Contribute” and appreciation of “Achievement.” After controlling income, we demonstrate the bright side of Monetary Intelligence: Low love of money motive but high stewardship behavior define Monetary Intelligence. “Good apples enjoy good quality of life in good barrels.” This notion adds another explanation to managers’ low magnitude of dishonesty in entities with high Corruption Perceptions Index. In low GDP entities, high income is related to poor Budgeting skills and escalated Happiness. These managers experience equal satisfaction with pay and life. We add a new vocabulary to the conversation of monetary intelligence, income, GDP, happiness, subjective well-being, good and bad apples and barrels, corruption, and behavioral ethics. (shrink)

Corruption involves greed, money, and risky decision-making. We explore the love of money, pay satisfaction, probability of risk, and dishonesty across cultures. Avaricious monetary aspiration breeds unethicality. Prospect theory frames decisions in the gains-losses domain and high-low probability. Pay dissatisfaction (in the losses domain) incites dishonesty in the name of justice at the individual level. The Corruption Perceptions Index, CPI, signals a high-low probability of getting caught for dishonesty at the country level. We theorize that decision-makers adopt avaricious love-of-money aspiration (...) as a lens and frame dishonesty in the gains-losses domain (pay satisfaction-dissatisfaction, Level 1) and high-low probability (CPI, Level 2) to maximize expected utility and ultimate serenity. We challenge the myth: Pay satisfaction mitigates dishonesty across nations consistently. Based on 6500 managers in 32 countries, our cross-level three-dimensional visualization offers the following discoveries. Under high aspiration conditions, pay dissatisfaction excites the highest- (third-highest) avaricious justice-seeking dishonesty in high (medium) CPI nations, supporting the certainty effect. However, pay satisfaction provokes the second-highest avaricious opportunity-seizing dishonesty in low CPI entities, sustaining the possibility effect—maximizing expected utility. Under low aspiration conditions, high pay satisfaction consistently leads to low dishonesty, demonstrating risk aversion—achieving ultimate serenity. We expand prospect theory from a micro and individual-level theory to a cross-level theory of monetary wisdom across 32 nations. We enhance the S-shaped Curve to three 3-D corruption surfaces across three levels of the global economic pyramid, providing novel insights into behavioral economics, business ethics, the environment, and responsibility. (shrink)

In her introduction to this collection, Tymieniecka presents her phenomenology of life - the leitmotif of the three-volume anniversary publication of Analecta Husserliana - as something that stands out from preceding historical attempts to investigate life in an 'integral' or 'scientific' way. After an incubation lasting throughout the 2000 years of Occidental philosophy, this scientific phenomenology/philosophy of life at last uncovers the entire area of the 'inner workings of Nature', exposing the way in which the 'sufficient reason' and the 'ground' (...) of beingness as such crystallise out of the 'onto poietic' process. This onto-poietic process, continuing as it does in the human creative condition, also reveals the authentic genius of the works of the human spirit. This new and original philosophy, free of fallacious simplifications, speculations and reductionism, opens up a basic starting point for all philosophy. Life, 'the theme of our times', at last receives a profound philosophical treatment. (shrink)

Wild Ideas is a collection of essays that brings a fresh and refreshing perspective to the wilderness paradoxically at the center of our civilization.

This collection is the final volume of a four book survey of the state of phenomenology fifty years after the death of Edmund Husserl. Its publication represents a landmark in the comprehensive treatment of contemporary phenomenology in all its vastness and richness. The diversity of the issues raised here is dazzling, but the main themes of Husserl's thought are all either explicitly treated, or else they underlie the ingenious approaches found here. Time, historicity, intentionality, eidos, meaning, possibility/reality, and teleology are (...) the main concerns of this collection devoted to studies in aesthetics, metaphysics and literary interpretation, written by such authors as, among others, R. Cobb-Stevens, C. Moreno Marquez, J. Swiecimski, Sitansu Ray and M. Kronegger. These original studies of phenomenological aesthetics and literary theory by scholars from all parts of the world were gathered by the World Institute for Advanced Phenomenological Research and Learn ing during the year 1988/89 during its assessment of the phenomeno logical movement, fifty years after Husserl's death. IX A -T. Tymieniecka (ed.), Analecta Husserliana, Vol. XXXVII, ix. (shrink)