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  1. The Ethics of Entrapment: A Dirty Hands Problem?Attila Tanyi, Stephen K. McLeod & Daniel J. Hill - manuscript
    In this paper we focus on a possible framework for analysing the morality of legal entrapment (which we define based on our previous work): the dirty-hands model. We take as our starting point Christopher Nathan’s criticism of the model (when applied to undercover policing). We have two aims throughout the paper. Our primary aim is to see if the model applies at all to legal entrapment; our secondary aim is to establish whether, if the model applies, Nathan’s criticism hold for (...)
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  2. Fichte's Passport - A Philosophy of the Police.Grégoire Chamayou & Kieran Aarons - forthcoming - Theory and Event 16 (2).
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  3. Can Capital Punishment Survive If Black Lives Matter?Michael Cholbi & Alex Madva - forthcoming - In Michael Cholbi, Brandon Hogan, Alex Madva & Benjamin Yost (eds.), The Movement for Black Lives: Philosophical Perspectives. New York:
    Drawing upon empirical studies of racial discrimination dating back to the 1940’s, the Movement for Black Lives platform calls for the abolition of capital punishment. Our purpose here is to defend the Movement’s call for death penalty abolition in terms congruent with its claim that the death penalty in the U.S. is a “racist practice” that “devalues Black lives.” We first sketch the jurisprudential history of race and capital punishment in the U.S., wherein courts have occasionally expressed worries about racial (...)
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  4. It is Not Entrapment for an Undercover Officer to Tell the Defendant That Making Pcp is as “Easy as Baking a Cake”.Circuit Judge Hatchett - forthcoming - Criminal Justice Ethics.
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  5. On the Person-Based Predictive Policing of AI.Tzu-Wei Hung & Chun-Ping Yen - forthcoming - Ethics and Information Technology.
    Should you be targeted by police for a crime that AI predicts you will commit? In this paper, we analyse when, and to what extent, the person-based predictive policing (PP) — using AI technology to identify and handle individuals who are likely to breach the law — could be justifiably employed. We first examine PP’s epistemological limits, and then argue that these defects by no means refrain from its usage; they are worse in humans. Next, based on major AI ethics (...)
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  6. Police-Generated Killings: The Gap Between Ethics and Law.Ben Jones - forthcoming - Political Research Quarterly.
    This article offers a normative analysis of some of the most controversial incidents involving police—what I call police-generated killings. In these cases, bad police tactics create a situation where deadly force becomes necessary, becomes perceived as necessary, or occurs unintentionally. Police deserve blame for such killings because they choose tactics that unnecessarily raise the risk of deadly force, thus violating their obligation to prioritize the protection of life. Since current law in the United States fails to ban many bad tactics, (...)
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  7. The Shape of the American Police State.Joseph D. Osel - forthcoming - Philosophical Explorations..
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  8. To Protect and Serve. [REVIEW]McGregor Rafe - forthcoming - Policing.
    To Protect and Serve is Norm Stamper’s second book, following Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing (2005), and is a welcome contribution to the debate between those who advocate violence against the police and those who insist that no reform is necessary. Radley Balko’s The Rise of the Warrior Cop: The Militarization of America’s Police Forces (2013) inadvertently provided the context of the civil unrest in Ferguson ignited by the shooting of Michael Brown (...)
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  9. Police and Democracy.Sklansky David Alan - forthcoming - .
    This Article explores the connections between ideas about American democracy and ideas about the police. I argue that criminal procedure jurisprudence and scholarship on the police over the past half-century have roughly tracked, in a delayed fashion, developments in democratic theory over the same period. The most important of these developments were, first, the emergence during the 1950s of the pluralist theory of democracy, an unusually rich and resonant account that emphasized the roles of elites, interest groups, and competition in (...)
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  10. Predictive Policing and the Ethics of Preemption.Daniel Susser - forthcoming - In Ben Jones & Eduardo Mendieta (eds.), The Ethics of Policing: An Interdisciplinary Perspective. New York, NY: NYU Press.
    The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and academics (...)
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  11. Conditioned for Death: Analysing Black Mortalities From Covid-19 and Police Killings in the United States as a Syndemic Interaction.Tommy J. Curry - 2021 - Comparative American Studies An International Journal 17 (3-4):257-270.
    The Covid-19 pandemic has been analysed as a distinct from, but concurrent with, more typical racist events, such as police killings in the United States. This article argues that one can conceptualise these two events as inter-related and synergistically enhanced. Anti-Black racism is a dynamic that utilises different social inequalities and violent events to manage the Black population within the United States. This article suggests that theorists would benefit from a syndemic analysis of disease and anti-Black violence in future theorisations (...)
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  12. Policing, Brutality, and the Demands of Justice.Luke William Hunt - 2021 - Criminal Justice Ethics 40 (1):1-16.
    Why does institutional police brutality continue so brazenly? Criminologists and other social scientists typically theorize about the causes of such violence, but less attention is given to normative questions regarding the demands of justice. Some philosophers have taken a teleological approach, arguing that social institutions such as the police exist to realize collective ends and goods based upon the idea of collective moral responsibility. Others have approached normative questions in policing from a more explicit social-contract perspective, suggesting that legitimacy is (...)
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  13. The Police Identity Crisis – Hero, Warrior, Guardian, Algorithm.Luke William Hunt - 2021 - New York, NY, USA: Routledge.
    This book provides a comprehensive examination of the police role from within a broader philosophical context. Contending that the police are in the midst of an identity crisis that exacerbates unjustified law enforcement tactics, Luke William Hunt examines various major conceptions of the police—those seeing them as heroes, warriors, and guardians. The book looks at the police role considering the overarching societal goal of justice and seeks to present a synthetic theory that draws upon history, law, society, psychology, and philosophy. (...)
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  14. The Ethics of Policing: New Perspectives on Law Enforcement.Ben Jones & Eduardo Mendieta (eds.) - 2021 - New York: NYU Press.
    From George Floyd to Breonna Taylor, the brutal deaths of Black citizens at the hands of law enforcement have brought race and policing to the forefront of national debate in the United States. In The Ethics of Policing, Ben Jones and Eduardo Mendieta bring together an interdisciplinary group of scholars across the social sciences and humanities to reevaluate the role of the police and the ethical principles that guide their work. With contributors such as Tracey Meares, Michael Walzer, and Franklin (...)
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  15. 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: New York University Press. pp. 1-22.
    In 2014, questionable police killings of Eric Garner, Michael Brown, and Tamir Rice sparked mass protests and put policing at the center of national debate. Mass protests erupted again in 2020 after the brutal police killing of George Floyd. These and other incidents have put a spotlight on a host of issues that threaten the legitimacy of policing—excessive force, racial bias, over-policing of marginalized communities, historic injustices that remain unaddressed, and new technology that increases police powers. This introduction gives an (...)
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  16. Implicit Attitudes and the Ability Argument.Wesley Buckwalter - 2019 - Philosophical Studies 176 (11):2961-2990.
    According to one picture of the mind, decisions and actions are largely the result of automatic cognitive processing beyond our ability to control. This picture is in tension with a foundational principle in ethics that moral responsibility for behavior requires the ability to control it. The discovery of implicit attitudes contributes to this tension. According to the ability argument against moral responsibility, if we cannot control implicit attitudes, and implicit attitudes cause behavior, then we cannot be morally responsible for that (...)
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  17. Profile Evidence, Fairness, and the Risks of Mistaken Convictions.Marcello Di Bello & Collin O’Neil - 2019 - Ethics 130 (2):147-178.
    Many oppose the use of profile evidence against defendants at trial, even when the statistical correlations are reliable and the jury is free from prejudice. The literature has struggled to justify this opposition. We argue that admitting profile evidence is objectionable because it violates what we call “equal protection”—that is, a right of innocent defendants not to be exposed to higher ex ante risks of mistaken conviction compared to other innocent defendants facing similar charges. We also show why admitting other (...)
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  18. Hypocrisy, Inconsistency, and the Moral Standing of the State.Kyle G. Fritz - 2019 - Criminal Law and Philosophy 13 (2):309-327.
    Several writers have argued that the state lacks the moral standing to hold socially deprived offenders responsible for their crimes because the state would be hypocritical in doing so. Yet the state is not disposed to make an unfair exception of itself for committing the same sorts of crimes as socially deprived offenders, so it is unclear that the state is truly hypocritical. Nevertheless, the state is disposed to inconsistently hold its citizens responsible, blaming or punishing socially deprived offenders more (...)
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  19. The Retrieval of Liberalism in Policing.Luke William Hunt - 2019 - New York, NY, USA: Oxford University Press.
    There is a growing sense that many liberal states are in the midst of a shift in legal and political norms—a shift that is happening slowly and for a variety of reasons relating to security. The internet and tech booms—paving the way for new forms of electronic surveillance—predated the 9/11 attacks by several years, while the police’s vast use of secret informants and deceptive operations began well before that. On the other hand, the recent uptick in reactionary movements—movements in which (...)
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  20. Ice Cube and the Philosophical Foundations of Community Policing.Luke William Hunt - 2019 - Oxford University Press Blog.
    Essay on police legitimacy through public reason and community policing.
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  21. Reparations for Police Killings.Jennifer Page - 2019 - Perspectives on Politics 17 (4):958-972.
    After a fatal police shooting in the United States, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills (...)
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  22. A Values-based methodology in Policing.Jens Erik Paulsen - 2019 - Etikk I Praksis - Nordic Journal of Applied Ethics 1:21-38.
    Professional work is currently based on explicit knowledge and evidence to a greater degree than in the past. Standardising professional services in this way requires repetitive scenarios and might be seen as a challenge to professional autonomy. In the context of policing, officers perform a range of familiar tasks, but they may also encounter novel challenges at any moment. Moreover, police tasks are not well-defined. Therefore, many missions require police officers to rely on common sense, tacit knowledge or gut feeling. (...)
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  23. Policing and Punishment for Profit.Chris Surprenant - 2019 - Journal of Business Ethics 159 (1):119-131.
    This paper examines ethical considerations relating to the current role of financial incentives in policing and punishment in the USA, focusing on the two methods of punishment most popular in the USA: fines and forfeitures and incarceration. It examines how financial incentives motivate much of our penal system, including how and when laws are enforced; discusses relevant ethical considerations and concerns connected with our current practices; proposes a theoretical solution for addressing these problems that involves realigning existing incentives to better (...)
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  24. Race, Ideology, and the Communicative Theory of Punishment.Steven Swartzer - 2019 - Philosophers' Imprint 19:1-22.
    This paper explores communicative punishment from a non-idealized perspective. I argue that, given the specific racial dynamics involved, and given the broader social and historical context in which they are embedded, American policing and punishment function as a form of racially derogatory discourse. Understood as communicative behavior, criminal justice activities express a commitment to a broader ideology. Given the facts about how the American justice system actually operates, and given its broader socio-political context, American carceral behaviors express a commitment to (...)
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  25. What is Wrong About Robocops as Consultants? A Technology-Centric Critique of Predictive Policing.Martin Degeling & Bettina Berendt - 2018 - AI and Society 33 (3):347-356.
    Fighting crime has historically been a field that drives technological innovation, and it can serve as an example of different governance styles in societies. Predictive policing is one of the recent innovations that covers technical trends such as machine learning, preventive crime fighting strategies, and actual policing in cities. However, it seems that a combination of exaggerated hopes produced by technology evangelists, media hype, and ignorance of the actual problems of the technology may have boosted sales of software that supports (...)
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  26. Loyalty, Justice, and Rights: Royce and Police Ethics in 21st Century America.Mathew A. Foust - 2018 - Criminal Justice Ethics 37 (1):01-19.
    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 (...)
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  27. The Ethics of Policing and Imprisonment.Molly Gardner & Michael Weber (eds.) - 2018 - Springer Verlag.
    This volume considers the ethics of policing and imprisonment, focusing particularly on mass incarceration and police shootings in the United States. The contributors consider the ways in which non-ideal features of the criminal justice system―features such as the prevalence of guns in America, political pressures, considerations of race and gender, and the lived experiences of people in jails and prisons―impinge upon conclusions drawn from more idealized models of punishment and law enforcement. There are a number of common themes running throughout (...)
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  28. Shooting to Kill: The Ethics of Police and Military Use of Lethal Force Seumas Miller Oxford: Oxford University Press, 2016; 294 Pp.; $39.95. [REVIEW]Stephen Bernard Hawkins - 2018 - Dialogue 57 (3):641-643.
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  29. The Concept of Entrapment.Daniel J. Hill, Stephen K. McLeod & Attila Tanyi - 2018 - Criminal Law and Philosophy 12 (4):539-554.
    Our question is this: What makes an act one of entrapment? We make a standard distinction between legal entrapment, which is carried out by parties acting in their capacities as (or as deputies of) law- enforcement agents, and civil entrapment, which is not. We aim to provide a definition of entrapment that covers both and which, for reasons we explain, does not settle questions of permissibility and culpability. We explain, compare, and contrast two existing definitions of legal entrapment to commit (...)
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  30. What We Talk About When We Talk About Dignity in Policing.Luke William Hunt - 2018 - Virginia Criminal Justice Bulletin 3 (2).
    This essay sketches various conceptions of dignity and how those conceptions might be relevant to police brutality and legal rights. It is an edited, draft excerpt from chapter 1 of my book, The Retrieval of Liberalism in Policing (Oxford, 2019).
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  31. Informants, Police, and Unconscionability.Luke William Hunt - 2018 - Institute of Art and Ideas (IAI Online Magazine).
    Essay exploring the extent to which certain agreements between the police and informants are an affront (both procedurally and substantively) to basic tenets of the liberal tradition in legal and political philosophy.
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  32. Liberalism and Policing: The State We're In.Luke William Hunt - 2018 - In the Long Run (University of Cambridge).
    Short online essay on the state of policing in liberal societies, discussing how executive discretionary power has grown to such a degree that it has trended toward illiberal practices and policies.
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  33. The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe Heather Mac Donald, 2016 New York: Encounter Books 248 Pp., $23.99. [REVIEW]Rafe McGregor - 2018 - Journal of Applied Philosophy 35 (3):634-636.
  34. The Contradiction of Crimmigation.José Jorge Mendoza - 2018 - APA Newsletter on Hispanic/Latino Issues in Philosophy 17 (2):6-9.
    This essay argues that we should find Crimmigration, which is the collapsing of immigration law with criminal law, morally problematic for three reasons. First, it denies those who are facing criminal penalties important constitutional protections. Second, it doubly punishes those who have already served their criminal sentence with an added punishment that should be considered cruel and unusual (i.e., indefinite imprisonment or exile). Third, when the tactics aimed at protecting and serving local communities get usurped by the federal government for (...)
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  35. On Enforcing Unjust Laws in a Just Society.Jake Monaghan - 2018 - Philosophical Quarterly 68 (273):758-778.
    Legitimate political institutions sometimes produce clearly unjust laws. It is widely recognized, especially in the context of war, that agents of the state may not enforce political decisions that are very seriously unjust or are the decisions of illegitimate governments. But may agents of legitimate states enforce unjust, but not massively unjust, laws? In this paper, I respond to three defences of the view that it is permissible to enforce these unjust laws. Analogues of the Walzerian argument from patriotism, the (...)
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  36. The Criminal Is Political: Policing Politics in Real Existing Liberalism.Koshka Duff - 2017 - Journal of the American Philosophical Association 3 (4):485-502.
    The familiar irony of ‘real existing socialism’ is that it never was. Socialist ideals were used to legitimize regimes that fell far short of realizing those ideals – indeed, that violently repressed anyone who tried to realize them. This paper suggests that the derogatory concept of ‘the criminal’ may be allowing liberal ideals to operate in contemporary political philosophy and real politics in a worryingly similar manner. By depoliticizing deep dissent from the prevailing order of property, this concept can obscure (...)
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  37. Safety and Sacrifice.Ami Harbin - 2017 - Ethics and Social Welfare 11 (2):163-176.
  38. The Person of the Torturer: Secret Policemen in Fiction and Nonfiction.Rafe McGregor - 2017 - Journal of Aesthetic Education 51 (4):44-59.
    Early modern conceptions of aesthetic education propose a necessary relation between aesthetic and moral values such that the appreciation of beauty is a necessary condition for the attainment of virtue. Contemporary conceptions retain the causal connection, claiming that the appreciation of literature in particular produces more responsive readers such that the aesthetic merits of novels are moral merits. J. M. Coetzee agrees that there is a relation between the two spheres of value but maintains that the novelist seeking to represent (...)
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  39. The Special Moral Obligations of Law Enforcement.Jake Monaghan - 2017 - Journal of Political Philosophy 25 (2):218-237.
    Recent controversial cases of killings by police have generated competing Black Lives Matter and Blue Lives Matter movements. Blue Lives Matter proponents claim that the focus on and protests in light of police killings of unarmed black persons is unwarranted. Part of this dispute turns on the moral evaluation of the killing of citizens by law enforcement. To address the dispute, I develop an account of the special moral obligations of law enforcement and show how it can be applied. I (...)
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  40. Liability to Deception and Manipulation: The Ethics of Undercover Policing.Christopher Nathan - 2017 - Journal of Applied Philosophy 34 (3):370-388.
    Does undercover police work inevitably wrong its targets? Or are undercover activities justified by a general security benefit? In this article I argue that people can make themselves liable to deception and manipulation. The debate on undercover policing will proceed more fruitfully if the tactic can be conceptualised along those lines, rather than as essentially ‘dirty hands’ activity, in which people are wronged in pursuit of a necessary good, or in instrumentalist terms, according to which the harms of undercover work (...)
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  41. Soul-Blindness, Police Orders and Black Lives Matter.Jonathan Havercroft & David Owen - 2016 - Political Theory 44 (6):739-763.
    What does it mean to see someone as human, as a member of humankind? What kind of call for justice is it to demand that a group be seen as human beings? This article explores a fundamental kind of injustice: one of perception and how we respond to our perceptions. Drawing on Cavell, Wittgenstein and Rancière, we elucidate “soul blindness” as a distinct and basic form of injustice. Rancière’s police orders and Cavell’s soul blindness are mutually constitutive; the undoing of (...)
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  42. Moral Subversion and Structural Entrapment.Jeffrey W. Howard - 2016 - Journal of Political Philosophy 24 (1):24-46.
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  43. In Search of Civic Policing: Recasting the ‘Peelian’ Principles.Ian Loader - 2016 - Criminal Law and Philosophy 10 (3):427-440.
    For over a century the so-called ‘Peelian’ principles have been central to the self-understanding of Anglo-American policing. But these principles are the product of modern state-building and speak only partially to the challenges of urban policing today. In fact, they stand in the way of clear thinking and better practice. In this paper, I argue that these principles ought to be radically recast and put to work in new ways. The argument proceeds as follows. First, I recover and outline the (...)
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  44. Requests and Counters in Russian Traffic Police Officer-Citizen Encounters.Rosina Márquez Reiter, Kristina Ganchenko & Anna Charalambidou - 2016 - Pragmatics and Society 7 (4):512-539.
    This paper analyses video recorded interactions between police officers and drivers in traffic stops in Russia. The interactions were recorded via cameras installed on the drivers’ car dashboards, and subsequently uploaded to YouTube; a practice to which over one million Russian motorists have resorted to counterbalance perceived high levels of bribery and corruption. The analysis focuses on responses to opening requests for identification in five different encounters. These show that the drivers repeatedly engage in potentially interpersonally sensitive activities in which (...)
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  45. Shooting to Kill: The Ethics of Police and Military Use of Lethal Force.Seumas Miller - 2016 - Oxford University Press USA.
    Terrorism, the use of military force in Afghanistan, Iraq and Syria, and the fatal police shootings of unarmed persons have all contributed to renewed interest in the ethics of police and military use of lethal force and its moral justification. In this book, philosopher Seumas Miller analyzes the various moral justifications and moral responsibilities involved in the use of lethal force by police and military combatants, relying on a distinctive normative teleological account of institutional roles. His conception constitutes a novel (...)
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  46. Governance and Virtue: The Case of Public Order Policing.Kevin Morrell & Stephen Brammer - 2016 - Journal of Business Ethics 136 (2):385-398.
    For Aristotle, virtues are neither transcendent nor universal, but socially interdependent; they need to be understood chronologically and with respect to character and context. This paper uses an Aristotelian lens to analyse an especially interesting context in which to study virtue—the state’s response when social order breaks down. During such periods, questions relating to right action by citizens, the state, and state agents are pronounced. To study this, we analyse data from interviews, observation, and documents gathered during a 3-year study (...)
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  47. Law and (Global) Order: Towards a Theory of Cosmopolitan Policing.William Smith - 2016 - Critical Horizons 17 (1):135-148.
    Cosmopolitans call for the creation of a global legal order based around the principle of universal human rights. It is, therefore, somewhat surprising that cosmopolitans have not adequately addressed the issue of how such a global order would be policed. The emergence of stable legal systems has generally coincided with the development of formal and informal methods of policing that function to enforce legal entitlements and maintain societal order. This suggests that the issue of policing should be addressed if cosmopolitanism (...)
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  48. Cops, Cameras and the Policing of Ethics.Meg Stalcup & Charles Hahn - 2016 - Theoretical Criminology 20 (4):482-501.
    In this article, we explore some of the roles of cameras in policing in the United States. We outline the trajectory of key new media technologies, arguing that cameras and social media together generate the ambient surveillance through which graphic violence is now routinely captured and circulated. Drawing on Michel Foucault, we suggest that there are important intersections between this video footage and police subjectivity, and propose to look at two: recruit training at the Washington state Basic Law Enforcement Academy (...)
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  49. Review of Amy E. Lerman and Vesla M. Weaver, Arresting Citizenship: The Democratic Consequences of American Crime Control. [REVIEW]Steven Swartzer - 2016 - Ethics 126 (3):840-845.
  50. The Globalization of Ferguson: Pedagogical Matters About Racial Violence.Sylvanna M. Falcón - 2015 - Feminist Studies 41 (1):218.
1 — 50 / 233