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

Authors :
Hadjimatheou, Katerina
Nathan, Christopher
Source :
Criminal Law & Philosophy; Jul2023, Vol. 17 Issue 2, p407-427, 21p
Publication Year :
2023

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. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
18719791
Volume :
17
Issue :
2
Database :
Complementary Index
Journal :
Criminal Law & Philosophy
Publication Type :
Academic Journal
Accession number :
163988540
Full Text :
https://doi.org/10.1007/s11572-022-09629-5