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Principles of policing and principles of punishment
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Nathan, Christopher (2016) Principles of policing and principles of punishment. Legal Theory, 22 (3-4). pp. 181-204. doi:10.1017/S1352325217000039 ISSN 1352-3252.
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Official URL: http://dx.doi.org/10.1017/S1352325217000039
Abstract
Although the debate on the basic norms of punishment is well established, the basic norms of policing have received relatively little attention. This paper connects the two subjects, defending two claims. First, it argues that some police action that is not obviously illegitimate falls under the moral standards applicable to punishment. This may strike some as surprising. The explicit job of the police does not include punishment. Such a position is customarily defended by appeal to intention, form of treatment, or expression of censure. Such appeals prove ineffective against cases that involve a discretionary decision not to prosecute, such as in the recruitment of informants or in standard public order management tactics. Second, the paper urges that this first point presents a dilemma: either police routinely act in an illegitimately extrajudicial fashion, or the stringency of the standards to which we hold criminal court procedures is, if it is grounded, not grounded directly in the fact that the courts administer punishment. Neither option is attractive.
| Item Type: | Journal Article | ||||||
|---|---|---|---|---|---|---|---|
| Subjects: | H Social Sciences > HV Social pathology. Social and public welfare | ||||||
| Divisions: | Faculty of Social Sciences > Politics and International Studies | ||||||
| Library of Congress Subject Headings (LCSH): | Police -- Moral and ethical aspects, Punishment | ||||||
| Journal or Publication Title: | Legal Theory | ||||||
| Publisher: | Cambridge University Press | ||||||
| ISSN: | 1352-3252 | ||||||
| Official Date: | 12 July 2016 | ||||||
| Dates: |
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| Volume: | 22 | ||||||
| Number: | 3-4 | ||||||
| Page Range: | pp. 181-204 | ||||||
| DOI: | 10.1017/S1352325217000039 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Date of first compliant deposit: | 18 July 2017 | ||||||
| Date of first compliant Open Access: | 18 July 2017 |
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