I defend the view that a significant ethical distinction can be made between justified killing in self-defense and police use of lethal force. I start by opposing the belief that police use of lethal force is morally justified on the basis of self-defense. Then I demonstrate that the state’s monopoly on the use of force within a given jurisdiction invests police officers with responsibilities that go beyond what morality requires of the average person. I (...) argue that the police should primarily be concerned with preserving public safety. As a consequence, police have additional moral permissions to use lethal force. But this also means that the principle of restraint is inherent to the policing function and therefore police are obliged to go to greater lengths to avoid killing. I concede that the just use of police force can be made difficult in extreme situations such as a mass riot. In such cases, police should take proportionate actions necessary to protect the lives of inhabitants by restoring order, which might include calling on military support. I conclude with a cautionary note opposing militarization of the policing role. (shrink)

What should be a police department's policies and regulations on the use of deadly force? What is the relevance for this of the state law on capital punishment?

The authority to use force, including lethal force is a defining feature of the police profession. The emergence and incorporation of the Miranda doctrine in our criminal law, and its attached misconceptions made it inevitable to determine the understandings of the Philippine law enforcers. There is a limited number of research studies conducted that are connected with the PNP. This implies demand studies centralizing on the use of reasonable force and observance of Miranda Warnings in effecting (...) the arrest of suspected criminals. The study is a quantitative analysis of the relationship between the individual, situational, and organizational predictors to the use of reasonable force and observance of Miranda Warnings among PNP personnel particularly the Police Patrol Personnel assigned as Beat Patrol Personnel, Compact Personnel, and Arresting Officers, during police-civilian encounters. Utilizing Google survey forms as the primary tool to gather and evaluate data, the self-constructed survey to be utilized is anchored on the Deference Exchange Theory, Naturalistic Decision Making (NDM) approach, and the Police-Public Contact Survey (PPCS). The findings of this study imply that factors affecting the use of reasonable force and observance of Miranda warnings significantly influence the enhancement of law enforcement interventions. From the results of the study, it may be concluded that the factors affecting the use of reasonable force and observance of Miranda warnings are more likely to contribute interventions to the Philippine National Police, as an organization, a significant enhancement in law enforcement. Recommendations were proposed based on the findings and conclusion of this study. Based on the findings of this study, the following recommendations are proposed for the PNP leadership to provide written policy to be used as operational guidelines for all PNP personnel during the conduct of arrest of suspected criminals: (a) When conducting police operations and apprehending criminal suspects, male police officers shall use reasonable force; (b) Continuous education and training for law enforcement personnel; (c) Active aggression coupled with the present ability to carry out the threat or assault, which reasonably indicates that an assault or injury to a person appears imminent by crime suspects should be physically restrained with force”; (d) To be quick to use physical force in situations where the incident is critical and dangerous; (e) The arresting police officer informs the suspect that he/she has the right to remain silent”; and (f) The Arresting Police Officer informs. (shrink)

This thesis examines the key moral principles that should govern decision-making by police and military when using lethal force. To this end, it provides an ethical analysis of the following question: Under what circumstances, if any, is it morally justified for the agents of state-sanctioned security institutions to use lethal force, in particular the police and the military? Recent literature in this area suggests that modern conflicts involve new and unique features that render conventional ways of (...) thinking about the ethics of armed conflict, and the use of lethal force, as inadequate or redundant. In particular, there is an increased concern with the moral difficulties created by “non-standard” cases. This is where the police or military are obliged to operate outside their conventional contexts. In such non-standard cases, on what moral basis can (or should) state actors – especially the police and military – use lethal force? One approach argues that there is nothing morally exceptional about the use of lethal force by police or military. This says the only available moral justification for using lethal force is killing in self-defence or defence of others. In contrast, I use an institutional approach to develop a moral framework for the state’s morally exceptional use of lethal force. The institutional approach is concerned with the ends (telos) or purpose of a social institution. It says that the moral purpose of a social institution alters the moral responsibilities of its agents; what is referred to as role morality. My analysis demonstrates that there is an important moral distinction between justified killing in self-defence and state-sanctioned uses of lethal force. My claim is that police and military uses of lethal force are not morally justified in the same way as the average person’s use of lethal force (i.e. self-defence or defence of others). Instead, I argue that the state-sanctioned institutional role of police and military give these state actors special moral duties, and therefore exceptional moral justification, for using lethal force. I argue that the institutional end of the police is the preservation of public safety. This includes using lethal force where it is necessary to protect life and prevent serious injury to jurisdictional inhabitants. In contrast, a morally responsible state uses military force to defend the “common good.” That is, when it is necessary to defend the peaceful functioning of a state from armed threats or other forms of political violence. I then conclude that non-standard cases require the addition of jus ad vim (or the just use of military force short-of-war) as a hybrid element to the moral framework for the state-sanctioned use of lethal force. This provides a better way of applying ethics to the use of military force when defending the common good against serious threats in non-standard cases. This is because jus ad vim complements the conventional military paradigm by permitting the use of military capabilities to defend the common good. But, at the same time, it inhibits the move towards the more destructive levels of violence characteristic of conventional warfighting. (shrink)

In the United States, police use of force experts often maintain that controversial police shootings where an unarmed person’s hand gesture was interpreted as their “going for a gun” are justifiable. If an officer waits to confirm that a weapon is indeed being pulled from a jacket pocket or waistband, it may be too late to defend against a lethal attack. This article examines police policy norms for self-defense against “uncertain threats” in three contexts: (1) known (...) in-progress violent crimes, (2) interactions with civilians behaving non-aggressively, and (3) interactions with civilians behaving aggressively. It is argued that the context of a known in-progress violent crime gives rise to threat probability-, fairness-, and lesser evil-based reasons for a norm permitting police officers to use lethal force. However, in the contexts of civilians behaving non-aggressively and civilians behaving aggressively, such a norm is not justifiable. In the former case, I introduce two conditions, the Justification condition and the Valuing Civilian Lives condition, which I argue are not presently met. In the latter case, these two conditions again are not met; aggression may moreover be excused or justified due to background injustices around race and the criminal justice system. (shrink)

Abstract: Purpose - This study aimed to analyze the relationship between the determinants of organizational justice and their relationship to conscientious behavior from the point of view of officers working in the Palestinian police in Gaza Strip. Methodology - The study relied on the descriptive and analytical approach, using the questionnaire, targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers. The study tool was distributed among (...) the sample members in all departments and governorates. Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%). Findings - The existence of a positive correlation between the determinants of organizational justice and the behavior of conscience, and the existence of organizational justice in general in a medium degree and the order of its determinants is as follows: fairness of dealings and to a large degree, followed by fairness of procedures and a medium degree, and finally distribution fairness was to a small degree, while the behavior of conscience awareness came to a large extent. Significance - The existence of statistically significant differences between the respondents' averages of responding to the searched relationship due to the variables (type of administration, age group, job title, military rank, years of service). Recommendations - Work to take into account the fairness of distribution by providing adequate and fair salaries, granting bonuses for the additional efforts exerted, and budgeting in the distribution of duties and job burdens, as well as recommending attention to the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and creating an organizational climate dominated by a sense of justice. (shrink)

Abstract: This study aimed to identify the behavior of organizational citizenship in Palestinian Police Force between reality and expectations, and this study comes to study the reality of human resources and their organizational behavior in the police apparatus, which is the largest security services operating in Gaza Strip, so it is expected that this study will contribute to improving this This aspect will be reflected positively on serving the country and the citizen and achieving security and safety (...) for them. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%), and they were analyzed using (SPSS) software. The study found that the organizational citizenship behavior was largely due to all its components. The study also showed that there are statistically significant differences between the respondents ’average response towards the organizational citizenship behavior due to the variables (type of administration, age group, job title, military rank, and years of service). The study recommended taking into account the interests of employees when making decisions and involving them in formulating them, explaining their justifications, and finally, the study recommended that organizational citizenship behavior be considered an organizational value that the police seek, and to create an organizational climate in which a sense of justice prevails, given its prominent role in stability, calm and discipline at work Thus, the elevation of the police institution and the achievement of its desired goals. (shrink)

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 a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory, centering the distinction between reasonableness and liability. Reparations provide a non-adversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process. (shrink)

This study aimed to measure the reality of the determinants of organizational justice from the point of view of the police officers in Gaza Strip, and this study comes to study the reality of human resources and their organizational behavior in the police apparatus, which is the largest security services operating in Gaza Strip, so it is expected that this study will contribute to upgrading In this aspect, to be reflected positively on serving the country and the citizen (...) and achieving security and safety for them. The study relied on the descriptive and analytical approach, using the questionnaire, and targeting a stratified random sample of (400) officers, who hold the rank of captain and above, from the study population of 1550 officers, and the study tool was distributed to the sample members in all departments and governorates Police in Gaza Strip. (353) questionnaires were retrieved, with a recovery rate of (88.3%), and they were analyzed using (SPSS) software. The study found the existence of organizational justice in general in a medium degree and the order of its determinants was as follows: fairness of transactions and to a large degree, followed by fairness of procedures and a medium degree, and finally the fairness of distribution was to a small degree (Type of management, age group, job title, military rank, years of service). The study recommended working on observing the fairness of distribution by providing adequate and fair salaries, granting bonuses for the extra efforts exerted, budgeting in the distribution of duties and job burdens, and creating an organizational climate in which a sense of justice prevails, because of its prominent role in stability, calm and discipline at work, and thus the elevation of the institution Policing and achieving its desired goals. (shrink)

In many jurisdictions in the United States and elsewhere, the law governing deadly force by police and civilians contains a notable asymmetry. Often civilians but not police are bound by the imminence requirement—that is, a necessary condition for justifying deadly force is reasonable belief that oneself or another innocent person faces imminent threat of grave harm. In U.S. law enforcement, however, there has been some shift toward the imminence requirement, most evident in the use-of-force policy (...) adopted by the Department of Justice in 2022. This article defends that shift and argues that the ethical case for the imminence requirement in policing is stronger than Shannon Brandt Ford suggests in a recent article. Though the imminence requirement’s impacts on policing and public safety require ongoing study, the principle of equality before the law and the Doctrine of Doing and Allowing both provide moral grounds for this requirement, especially given the lack of evidence that the status quo helps protect life. (shrink)

This piece was written circa 1982–83, drawing in part on material from my PhD thesis (The Problem of the Single Case, Cambridge, 1981). In the thesis I proposed what would now be called an expressivist account of judgements of the form ‘It is probable that p’. One chapter, on which this paper builds, tried to defend the view against the Frege-Geach argument. This piece earned a revise and resubmit from Philosophical Review, but was never resubmitted. Parts of it made their (...) way into my ‘Semantic Minimalism and the Frege Point’, in Tsohatzidis, S.L.(ed.), Foundations of Speech Act Theory: Philosophical and Linguistic Perspectives, Routledge, 1994, pp. 132–55 (reprinted in Naturalism without Mirrors, Oxford, 2011, ch. 3) – though that paper favours a different approach to the Frege-Geach argument, leaning more heavily on semantic minimalism. I’m putting this piece online to facilitate self-citation. (shrink)

American writer William Carlos Williams (1883-1963 studied medicine at the University of Pennsylvania. Following the completion of his fellowships, he traveled to Germany to specialize in pediatrics. Upon returning to America, he established an independent medical practice. The experiences Williams acquired through his medical career provided a valuable source for his literary work, which focused on ordinary people and everyday situations. Williams endeavored to create a form of literature that accurately represented the American experience and he innovatively utilized vernacular language. (...) His literary output encompassed poetry, short stories, novels, essays, and plays, though he is primarily recognized as a poet. Among his significant works are Kora in Hell (1920), Spring and All (1923), Pictures from Brueghel and Other Poems (1962), the five-volume Paterson (1963, 1992), and Imaginations (1970). 'The Use of Force,' presented in translation here, originally appeared in the short story collection Life along the Passaic River. -/- [In Dutch: De Amerikaanse schrijver William Carlos Williams (1883-1963) studeerde geneeskunde aan de Universiteit van Pennsylvania. Na zijn coschappen ging hij naar Duitsland om zich in de kindergeneeskunde te specialiseren. Eenmaal terug in Amerika vestigde hij zich als zelfstandig arts. De ervaringen die Williams in zijn artsenpraktijk opdeed, vormden een dankbare bron voor zijn literaire werk waarin gewone mensen en alledaagse situaties centraal staan. Williams streefde naar een vorm van literatuur die recht deed aan de Amerikaanse ervaring en maakte op inventieve wijze gebruik van de taal van de straat. Hij schreef gedichten, verhalen, romans, essays en toneelstukken, maar staat voornamelijk bekend als dichter. Tot zijn belangrijkste werken horen Kora in Hell (1920), Spring and All (1923), Pictures from Brueghel and Other Poems (1962), het vijfdelige Paterson (1963, 1992) en Imaginations (1970). 'Het gebruik van geweld' ('The Use of Force'), dat hier is afgedrukt, komt oorspronkelijk uil de verhalenbundel Life along the Passaic River.]. (shrink)

After nearly 76 years following the UN Charter, the dominant feature of the multilateral international order has shifted from a focus on states’ sovereignty to the rights of the individual. It is now widely accepted that human rights are not the province of any one state’s domestic affairs, but of importance to the entire international community. The UN Security Council sits atop the supra-state order, and holds the ultimate authority to initiate consensus-based, collective action so as to limit or prevent (...) gross human rights violations. Yet, many times the Security Council is slow to act, and consensus is exceedingly rare. This begs the question: in the face of gross human rights violations and Security Council inaction, is unilateral humanitarian intervention justified? The present state of international law on the matter is unsettled and controversial to many. What follows is a discussion on the development of international law relating to unilateral humanitarian intervention, the permissibility of intervention for gross human rights violations, and justification for intervention under existing international law. I conclude that under the present multilateral regime, unilateral humanitarian intervention is legally justified, despite fears that the principle may be invoked for the purposes of cloaking acts of aggression. (shrink)

In this chapter, I argue that the notion which Michael Walzer calls jus ad vim might improve the moral evaluation for using military lethal force in conflicts other than war, particularly those situations of conflict short-of-war. First, I describe his suggested approach to morally justifying the use of lethal force outside the context of war. I argue that Walzer’s jus ad vim is a broad concept that encapsulates a state’s mechanisms for exercising power short-of-war. I focus on his (...) more narrow use of jus ad vim which is the state’s use of lethal force. Next I address Tony Coady’s critique of jus ad vim. I argue that Coady highlights some important problems with jus ad vim, but these concerns are not sufficient to dismiss it completely. Then, in the final section, I argue that jus ad vim provides an appropriate “hybrid” moral framework for judging the ethical decision-making outside of war by complementing other conventional just war distinctions. A benefit of jus ad vim is that it stops us expanding the definition of war while still providing the necessary ethical framework for examining violent conflict outside that context. (shrink)

In “Stakes, Withholding, and Pragmatic Encroachment on Knowledge,” I used a variety of cases, including cases of forced choice, to illustrate my explanation of how and why some pragmatic factors, but not others, can affect whether an agent knows. In his recent contribution, Andy Mueller argues that cases of forced choice actually pose a dilemma for my account. In this paper I reply.

The police are routinely recognized for displaying heroic virtues associated with combat. I take a contrarian position in this paper. Part I begins with the claim that if bravery is to be prioritized in policing, then bravery should be part of the police’s routine roles and responsibilities. However, bravery is not central to what the police do every day, and, therefore, shouldn’t be prioritized (in recruiting, training, and so on). Conversely, Part II claims that if the virtue (...) of honesty is centrally connected to the police role, then it should be prioritized in policing. Because honesty is deeply connected to the police’s routine roles and responsibilities, it should be prioritized. By turning away from misconceptions about the police, the hope is that we will be in a better position to see both the practical and the moral importance of virtue in policing. (shrink)

In recent work, Williamson has defended a suggestive account of assertion. Williamson claims that the following norm or rule (the knowledge rule) is constitutive of assertion, and individuates it: (KR) One must ((assert p) only if one knows p) Williamson is not directly concerned with the semantics of assertion-markers, although he assumes that his view has implications for such an undertaking; he says: “in natural languages, the default use of declarative sentences is to make assertions” (op. cit., 258). In this (...) paper I will explore Williamson’s view from this perspective, i.e., in the light of issues regarding the semantics of assertion-markers. I will end up propounding a slightly different account, on which, rather than KR, what is constitutive and individuating of assertion is an audience-involving transmission of knowledge rule: (TKR) One must ((assert p) only if one’s audience comes thereby to be in a position to know p) I will argue that TKR, of which KR is an illocutionary consequence (but not the other way around), has all the virtues that Williamson claims for his account and no new defect. (shrink)

It is widely believed that at least two developments in the last third of the 20th century have given dispositionalism—the view that powers, capacities, potencies, etc. are irreducible real properties—new credibility: (i) the many counterexamples launched against reductive analyses of dispositional predicates in terms of counterfactual conditionals and (ii) a new anti-Humean faith in necessary connections in nature which, it is said, owes a lot to Kripke’s arguments surrounding metaphysical necessity. I aim to show in this paper that necessity is, (...) in fact, of little help for the dispositionalists. My argument makes use of one of the above mentioned counterexamples against Humean reduction: antidotes. Turning the tables, I ask how the dispositionalists themselves can deal with antidotes. The result will be to show that if the dispositionalists are to demystify antidote cases, they must make plausible a conceptualisation of dispositions that does not invoke any kind of necessity. I will cautiously suggest that the anti-Humean link dispositions bring to the world has to be thought of in terms of (Newtonian) forces. (shrink)

Wearable and mobile technology has advanced in leaps and bounds in the last decade with technological advances creating a role from enhancing healthy living to monitoring and treating disease. However, the discussion about the ethical use of such commercial technology in the community, especially in minors, is lacking behind. In this paper, we first summarize the major ethical concerns that arise from the usage of commercially available wearable technology in children, with a focus on smart watches, highlighting issues around the (...) consent process, mitigation of risk and potential confidentiality and privacy issues, as well as the potential for therapeutic misconceptions when used without medical advice. Then through a relevant thought experiment we move on to outline some further ethical concerns that are connected to the use of wearables by minors, to wit the issue of informed consent in the case of minors, forcing them to live in the spotlight, and compromising their right to an open future. We conclude with the view that mitigating potential pitfalls and enhancing the benefits of wearable technology especially for minors requires brave and comprehensive moral debates. (shrink)

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 have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

It is widely believed that at least two developments in the last third of the 20th century have given dispositionalism—the view that powers, capacities, potencies, etc. are irreducible real properties—new credibility: (i) the many counterexamples launched against reductive analyses of dispositional predicates in terms of counterfactual conditionals and (ii) a new anti-Humean faith in necessary connections in nature which, it is said, owes a lot to Kripke’s arguments surrounding metaphysical necessity. I aim to show in this paper that necessity is, (...) in fact, of little help for the dispositionalists. My argument makes use of one of the above mentioned counterexamples against Humean reduction: antidotes. Turning the tables, I ask how the dispositionalists themselves can deal with antidotes. The result will be to show that if the dispositionalists are to demystify antidote cases, they must make plausible a conceptualisation of dispositions that does not invoke any kind of necessity. I will cautiously suggest that the anti-Humean link dispositions bring to the world has to be thought of in terms of (Newtonian) forces. (shrink)

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 and the Seattle Police Department’s body-worn camera project. We analyze these cases in relation to the major arguments for and against initiatives to increase police use of cameras, outlining what we see as techno-optimistic and techno-pessimistic positions. Drawing on the pragmatism of John Dewey, we argue for a third position that calls for field-based inquiry into the specific co-production of socio-techno subjectivities. (shrink)

The number of police departments carrying Narcan keeps increasing at a fast pace throughout the U.S., as it is considered an effective measure to fight the opioid epidemic. However, there have been strong oppositions to the idea of the police Narcan use. Still, in 2018, the nation is debating about it. Though not clearly visible to the public, there are important ethical arguments against the police Narcan use which necessarily involve understanding of the ethical roles and responsibilities (...) of police as the law enforcement agency and apprehension of the moral status of a non-therapeutic opioid use. The authors of the paper investigate, primarily, the existing ethical controversies surrounding the police Narcan use while touching upon the issue of the decriminalizing drug policy in the U.S. The authors conclude that the police can carry and administer Narcan without self-contradiction and that the policymakers’ investigation on the drug decriminalization policy should begin with the understanding of the “common morality” of the American public, the ethical view shared and practiced by the greatest number of people. (shrink)

“Pick a card, any card. This has to be a completely free choice.” the magician tells you. But is it really? Although we like to think that we are using our free will to make our decisions, research in psychology has shown that many of our behaviours are automatic and unconsciously influenced by external stimuli (Ariely, 2008; Bargh & Chartrand, 1999; Newell & Shanks, 2014; Nisbett & Wilson, 1977), and that we are often oblivious to the cognitive mechanisms that underpin (...) our decision (Wegner, 2002, 2003). Magicians have exploited this illusory sense of agency for a long time, and have developed a wide range of techniques to influence and control spectators’ choices of such things as card, word, or number (Annemann, 1933; Banachek, 2002a; Jones, 1994; Turner, 2015). These techniques are instances of what is called forcing. -/- Many forces are extremely effective, illustrating various weaknesses in our sense of control over decisions and their outcomes. Researchers have started to investigate them in various ways (Kuhn, Pailh s, & Lan, 2020; Olson, Amlani, Raz, & Rensink, 2015; Pailhes & Kuhn, 2020b, 2020c; Shalom et al., 2013) and are beginning to obtain valuable insights into decision-making processes as well as a better understanding of the cognitive mechanisms that lead people to experience an illusory sense of free will and of agency. -/- Although magicians have acquired large amounts of knowledge in covertly controlling people’s choices, much of this knowledge is only discussed in the context of individual magic tricks, or in books that are not readily accessible to non-magicans. As we and others have argued elsewhere (Ekroll, Sayim, & Wagemans, 2017; Kuhn, 2019; Kuhn, Amlani, & Rensink, 2008; Kuhn, Caffaratti, Teszka, & Rensink, 2014; Macknik et al., 2008; Olson et al., 2015; Olson, Landry, Appourchaux, & Raz, 2016; Shalom et al., 2013; Thomas, Didierjean, Maquestiaux, & Gygax, 2015), a particularly effective way of making this knowledge more available is via the creation of taxonomies centered around psychological mechanisms (Rensink & Kuhn, 2015). For example, the psychologically based taxonomy of misdirection (Kuhn et al., 2014) helps draw links between misdirection and formal theories of perception and cognition. -/- Our aim here is to apply a similar process to the knowledge magicians have about forcing. The present paper develops a psychologically based taxonomy of forcing techniques with two goals in mind. Firstly, it should help uncover the various psychological mechanisms that underlie forcing techniques. Secondly, it should facilitate knowledge transfer between magicians and psychologists. Among other things, this knowledge will allow researchers to gain new insights into the mechanisms underlying decision-making, and the feeling of free will and of agency over choice. We start by defining the magician’s force and then look at some of the past classifications of forcing. (shrink)

A common criticism of the use of algorithms in criminal justice is that algorithms and their determinations are in some sense ‘opaque’—that is, difficult or impossible to understand, whether because of their complexity or because of intellectual property protections. Scholars have noted some key problems with opacity, including that opacity can mask unfair treatment and threaten public accountability. In this paper, we explore a different but related concern with algorithmic opacity, which centers on the role of public trust in grounding (...) the legitimacy of criminal justice institutions. We argue that algorithmic opacity threatens the trustworthiness of criminal justice institutions, which in turn threatens their legitimacy. We first offer an account of institutional trustworthiness before showing how opacity threatens to undermine an institution’s trustworthiness. We then explore how threats to trustworthiness affect institutional legitimacy. Finally, we offer some policy recommendations to mitigate the threat to trustworthiness posed by the opacity problem. (shrink)

Cooperative relations steeped in honesty and good faith are a necessity for any viable society. This is especially relevant to the police institution because the police are entrusted to promote justice and security. Despite the necessity of societal honesty and good faith, the police institution has embraced deception, dishonesty, and bad faith as tools of the trade for providing security. In fact, it seems that providing security is impossible without using deception and dishonesty during interrogations, undercover operations, (...) pretextual detentions, and other common scenarios. This presents a paradox related to the erosion of public faith in the police institution and the weakening of the police's legitimacy. -/- The book seeks to solve this puzzle by showing that many of our assumptions about policing and security are unjustified. Specifically, they are unjustified in the way many of our assumptions about security were unjustified after the 9/11 terrorist attacks, when state institutions embraced a variety of brutal rules and tactics in pursuit of perceived security enhancements. The police are likewise unjustified in their pursuit of many supposed security enhancements that rely on proactive deception, dishonesty, and bad faith. -/- There are compelling reasons to think that the police's widespread use of proactive deception and dishonesty is inconsistent with fundamental norms of political morality regarding fraud and the rule of law. Although there are times and places for such tactics in policing, those times and places should be much more limited than current practices suggest. (shrink)

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 overview of these ethical challenges facing police today and the democratic institutions that oversee them. It then outlines the various interdisciplinary perspectives—from Black studies, criminology, history, law, philosophy, political science, and sociology—collected in the volume. Together, these contributions aim to clarify the question of which ethical principles should guide police, where current practices fall short, and what strategies hold the most promise for addressing these failures. (shrink)

The connection between leadership style, on the one hand, policing and perception of corruption, on the other hand, has received little attention in the literature on leadership theory and organizational processes. Hence, the aim of this study is to examine the relationship between transformational leadership and perception of corruption within the police institution, especially in this instance, the Nigeria Police Force. Based on a sampling process of cross sectional approach, the data were collected by administering questionnaires on (...) 156 respondents in Alausa police district in Lagos State. The descriptive result shows that while transformational leadership is practiced in the Nigeria Police Force, the perceived level of corruption remains high. Though in varying degree, the results indicate a positive correlation between the attributes of transformational leadership (charisma, individualized consideration and intellectual stimulation) and the dimensions of corruption. While charisma consistently has a positive influence on the facets of corruption, individualized consideration and charisma influence the dimension of transparency within the police force. In addition, individualized consideration influences the facet of crime. Thus, transformational leadership seems to play an important, but complex role in the reduction of corrupt practices within the police institution. The findings were discussed in the specific contexts of transformational leadership theory, organizational practices and police corruption. The practical implications for organizational development, police reform and crusade against police deviances were also underscored. (shrink)

The use of deception and dishonesty is widely accepted as a fact of life in policing. This paper thus defends a counterintuitive claim: Good faith is a normative foundation for the police as a political institution. Good faith is a core value of contracts, and policing is contractual in nature both broadly (as a matter of social contract theory) and narrowly (in regard to concrete encounters between law enforcement officers and the public). Given the centrality of good faith to (...) policing, dishonesty and deception on par with fraud are justified only as a narrowly circumscribed investigative tool that is constrained by institutional commitments to the fair distribution of security and the rule of law. The practical upshot is the preclusion of most dishonest and deceptive police tactics on par with fraud, leading to an institution that is less proactive and more reactive. (shrink)

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 the rule of law seems expendable—began many years after 9/11 and continues to this day. One way to describe this book is an examination of the moral limits on modern police practices that flow from the basic legal and political tenets of the liberal tradition. The central argument is that policing in liberal states is constrained by a liberal conception of persons coupled with particular rule of law principles. Part I consists of three chapters that constitute the book’s theoretical foundation, including an overview of the police’s law enforcement role in the liberal polity and a methodology for evaluating that role. Part II consists of three chapters that address applications of the theory, including the police’s use of informants, deceptive operations, and surveillance. The upshot is that policing in liberal societies has become illiberal in light of its response to both internal and external threats to security. The book provides an account of what it might mean to retrieve policing that is consistent with the basic tenets of liberalism and the limits imposed by those tenets. [This is an uncorrected draft of the book's preface and introduction, forthcoming from Oxford University Press.]. (shrink)

The ability of videos to serve as evidence of racial injustice is complex and contested. This essay argues that scrutiny of the Black body has come to play a key role in how videos of police violence are mined for evidence, following a long history of racialized surveillance and attributions of threat and superhuman powers to Black bodies. Using videos to combat injustice requires incorporating humanizing narratives and cultivating resistant modes of looking.

Over the past decade, police departments in many countries have experimented with and increasingly adopted the use of police body-worn cameras. This article aims to examine the moral issues raised by the use of PBWCs, and to provide an overall assessment of the conditions under which the use of PBWCs is morally permissible. It first reviews the current evidence for the effects of using PBWCs. On the basis of this review the article sets out a teleological argument for (...) the use of PBWCs. The final two sections of the article review two deontological objections to the use of PBWCs: the idea that use of PBWCs is based on or expresses disrespectful mistrust, and the idea that the use of PBWCs violates a right to privacy. The article argues that neither of these objections is persuasive, and concludes that we should conditionally accept and support the use of PBWCs. (shrink)

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases where individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability (VADCs). This article (...) considers and ultimately rejects three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article’s final sections explore the policy implications of the fusion account for police administrators, officers, and the law. (shrink)

This article compares James M. Buchanan's and John Rawls's theories of democratic governance. In particular it compares their positions on the characteristics of a legitimate social contract. Where Buchanan argues that additional police force can be used to quell political demonstrations, Rawls argues for a social contract that meets the difference principle.

Under a ‘dirty hands’ model of undercover policing, it inevitably involves situations where whatever the state agent does is morally problematic. Christopher Nathan argues against this model. Nathan’s criticism of the model is predicated on the contention that it entails the view, which he considers objectionable, that morally wrongful acts are central to undercover policing. We address this criticism, and some other aspects of Nathan’s discussion of the ‘dirty hands’ model, specifically in relation to state entrapment to commit a crime. (...) Using János Kis’s work on political morality, we explain three dilemmatic versions of the ‘dirty hands’ model. We show that, while two of these are inapplicable to state entrapment, the third has better prospects. We then pursue our main aim, which is to argue that, since the third model precludes Nathan’s criticism, a viable ‘dirty hands’ model of state entrapment remains an open possibility. Finally, we generalize this result, showing that the case of state entrapment is not special: the result holds good for policing practices more generally, including such routine practices as arrest, detention, and restraint. (shrink)

Slurs are both derogatory and offensive, and they are said to exhibit “derogatory force” and “offensiveness.” Almost all theories of slurs, except the truth-conditional content theory and the invocational content theory, conflate these two features and use “derogatory force” and “offensiveness” interchangeably. This paper defends and explains the distinction between slurs’ derogatory force and offensiveness by fulfilling three goals. First, it distinguishes between slurs’ being derogatory and their being offensive with four arguments. For instance, ‘Monday’, a slur (...) in the Bostonian argot, is used to secretly derogate African Americans without causing offense. Second, this paper points out that many theories of slurs run into problems because they conflate derogatory force with offensiveness. For example, the prohibition theory’s account of offensiveness in terms of prohibitions struggles to explain why ‘Monday’ is derogatory when it is not a prohibited word in English. Third, this paper offers a new explanation of this distinction from the perspective of a speech act theory of slurs; derogatory force is different from offensiveness because they arise from two different kinds of speech acts that slurs are used to perform, i.e., the illocutionary act of derogation and the perlocutionary act of offending. This new explanation avoids the problems faced by other theories. (shrink)

Current approaches used in educational research and practice to evaluate the quality of written arguments often rely on structural analysis. In such assessments, credit is awarded for the presence of structural elements of an argument, such as claims, evidence, and rebuttals. In this article, we discuss limitations of such approaches, including the absence of criteria for evaluating the quality of the argument elements. We then present an alternative framework, based on the Rational Force Model (RFM), which originated from the (...) work of a Nordic philosopher Næss. Using an example of an argumentative essay, we demonstrate the potential of the RFM to improve argument analysis by focusing on the acceptability and relevance of argument elements, two criteria widely considered to be fundamental markers of argument strength. We outline possibilities and challenges with using the RFM in educational contexts and conclude by proposing directions for future research. (shrink)

Dieser Beitrag befasst sich mit der Befürchtung, dass eine Erweiterung der DNA-Analyse von Tatortspuren für Zwecke der Polizeiarbeit zu Diskriminierungen führen wird. Diese Erwartung bezieht sich insbesondere auf die Ermittlung der sogenannten biogeografischen Abstammung und der Hautschattierung. In dieser Untersuchung werden einige Stellen im Ermittlungsprozess, an denen auf Grundlage solcher Analysen Diskriminierungspotential auftreten könnte, zunächst gesammelt und dargelegt. Im zweiten Teil wird dann der Diskriminierungsbegriff genauer beleuchtet. Dabei wird sich zeigen, dass verschiedene Positionen zu der Frage, was genau eine Diskriminierung (...) moralisch problematisch macht, zu unterschiedlichen Einschätzungen der DNA-Phänotypisierung in der Polizeiarbeit führen. / There is a concern according to which analyzing crime scene DNA to determine biogeographic origin and skin color of suspects can lead to discrimination against minority populations. This article summarizes and explains some of those parts of the investigation process that can give rise to discrimination. The second part of the paper offers an analysis of the notion of discrimination and presents different accounts of the exact ground of its moral wrongness. As it will emerge, these different accounts lead to different assessments of the use of DNA phenotype analyses in police investigations. (shrink)

Proponents of the higher‐order (HO) theory of consciousness (e.g., Lau and Rosenthal) have recently appealed to brain lesion evidence to support their thesis that mental states are conscious when and only when represented by other mental states. This article argues that this evidence fails to support HO theory, doing this by first determining what kinds of conscious deficit should result when HO state‐producing areas are damaged, then arguing that these kinds of deficit do not occur in the studies to which (...) HO theorists appeal. The article also develops an apparatus that can be used to evaluate whether other lesion evidence confirms or disconfirms HO theory. (shrink)

In this paper I consider Corneliu Porumboiu’s ‘Police, Adjective’ (Romania, 2009) as an instance of a puzzling work of art. Part of what is puzzling about it is the range of extreme responses to it, both positive and negative. I make sense of this puzzlement and try to alleviate it, while considering the film alongside Ludwig Wittgenstein’s arguably puzzling “Lectures on Aesthetics” (from 1938). I use each work to illuminate possible understandings of the other. The upshot is that it (...) is is plausible to regard both as engaged, in part, in preparing us to make sense both of themselves, and then also of other works. (shrink)

War is almost always conducted with various restrictions in the form of rules, rituals, and taboos. Many of the norms that regulate warfare can be found in the tradition of just war. This tradition seeks to provide a middle ground between an unrealistic (at least for politicians) pacifism that does not even allow war in self-defence and a too realistic realism that claims there is no place for ethics in war. The tradition of just war does not have the (...) class='Hi'>force of law; it provides, above all, a vocabulary to discuss war in moral terms. At the same time, the tradition does have an impact: it forms the basis of humanitarian law and the Geneva Conventions. Just like with laws, it is recognised here that imperfect adherence to these principles does not necessarily diminish their validity. Most proponents of the tradition believe that the principles of just war, even though some date back centuries, are sufficiently general to be applicable to contemporary conflicts, such as the Russo-Ukrainian War. If we apply the norms of the just war tradition to the current situation in Ukraine, we see that Russia is waging an unjust war in an unjust manner. (shrink)

The recent advent of high-resolution imaging and force spectroscopy using atomic force mi- croscopy (AFM) in organic and inorganic solutions opens the way to imaging a wide variety of surfaces and their solvent structure. However, to take full advantage of the high resolution and provide signicant new analytical capability, a detailed understanding of the background contrast mechanisms that lead to atomic and molecular resolution is critical. Without a theory that connects the measured force to atomic models of (...) the surface and tip of the microscope, the information that can be distilled from these measurements is limited. Molecular dynamics simulations show that the forces acting on the microscope tip result from the direct interaction between a tip and a surface and are entirely due to the structure of water around the tip and surface. (shrink)

In this paper, the stability control of the inverted pendulum on a cart with a disturbance forces has been done using observer based and full state feedback H2 controllers. The Lagrangian equation has been used to model the system equation of motions and linearized the system to the unstable upward position. Comparison of the system stability has been simulated by comparing the proposed controllers using Matlab/Scripts and a promising results has been analyzed successfully.

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, police- generated killings often are treated as “lawful but awful.” To address these killings, some call on changes to departmental policies or voluntary reparations by local governments, yet such measures leave in place a troubling gap between ethics and law. I argue that police-generated killings merit legal sanctions by appealing to a relevant analogy: self-generated self-defense, where the person who engages in self-defense started the trouble. The persistent lack of accountability for police-generated killings threatens life, police legitimacy, and trust in democratic institutions. The article closes by identifying tools in law and policy to address this challenge. (shrink)

Recently, mental strength education requires to change in a way that establishes a military value system suitable for a liberal democracy while facing the need to strengthen mental strength in response to unpredictable security situations. The key to fulfilling these twofold objectives lies in the fact that there is a positive correlation between the enhancement of a soldier’s democratic awareness and intangible force. Therefore, it is of great importance to emphasize the concept of ‘citizen in uniform’ as one of (...) the central military values. However, this concept has one problem before its use in military mental strength in which the orders of the military status and the orders of the civic seem heterogeneous and even conflicting. This study aims to dissolve the internal tension of this concept through a new philosophical interpretation of citizens in uniform, freedom, people and state, thereby providing the foundation for establishing for establishing new military values and enhancement of mental force. To this end, it examines the explanation of the current curriculum regarding these concepts first and diagnoses its several problems (II). The current curriculum presents a brief explanation of the compatibility of civil rights and military obligations but does not resolve the conflict between the two. A new understanding of them is possible by introducing Hegelian insights in Philosophy of Rights (III). From Hegel's point of view, freedom is not the mere absence of coercion but a capacity for self-determination. Freedom is difficult to realize wholly at the level of an isolated individual, and it calls for an ethical community to give it a specific form. A state that is the best entity in humanity is the supreme unit that defines individual freedom and identity. Then it naturally derives that national defense is one of the supreme missions directly related to the freedom and identity of its people. A re-description of the contents of the curriculum based on these insights can conceptually resolve the aforementioned problem and even strengthen its arguments (IV). The state and the people are in a more essential correlation than previously depicted, and liberal democratic values such as freedom, human rights and welfare are proved as constitutive of a state itself. The superiority of liberal democracy, which the current textbook attempts to prove, also becomes transparent. Finally, military duties do not conceptually conflict with civil freedom but are considered as a form of it. (shrink)

As the philosophy of policing shifts from a traditional to a community-based approach, its implementation needs to be assessed. The study determined the program implementation of community-oriented policing in the town of Dumingag Zamboanga del Sur and its effectiveness in crime reduction from 2014 to 2018. The study employed a descriptive-survey method with the questionnaire-checklist as the main instrument used in gathering the data and information. The survey questionnaire underwent an evaluation process by field expert and tested using Cronbach’s alpha. (...) Weighted Arithmetic Mean, Percentage and ANOVA were the statistical tools used in the data analyses. The participants were PNP, residents, and Barangay Officials of Dumingag, Zamboanga del Sur. The results showed that PNP and Barangay officials perceived that the extent of community- oriented policing in Dumingag was implemented without lapses. However, residents rated that the implementation has minimal lapses. The study also revealed that there was a reduction of crimes committed for the past five years of the implementation. The result shows a significant difference among the perceived extent of implementation of the three groups of respondents. (shrink)

POLICE ETHICS – Abstract Mark Lauchs -/- Police are an essential part of the justice system. They are the frontline actors in keeping the peace, social stability and cohesion. Thus good governance relies on honest policing. However, there will always be at least a small group of corrupt police officers, even though Australians are culturally averse to corruption (Khatri, Tsang, & Begley, 2006). There have been many cases where the allegations of police corruption have reached to (...) the highest levels of a state police force (Blanch, 1982) and, in the case of the Fitzgerald Inquiry (Fitzgerald, 1989), ended in a commissioner being convicted of corruption. -/- Any public official who places their own interests before those of the public have corrupted a system in which they are supposed to act as agents of the public, will undermine the good governance of a society (Lauchs, 2007). Police officers attract offers of corruption because of their ability to enforce or ignore the law. Police who are unethical or in financial stress are vulnerable to offers of illicit payments. Longstanding arrangements of corruption within a police branch can lead to a corruption network between police and criminals. Organised police corruption constitutes “social behaviour, conducted in groups within organisations, that is powerful enough to override the officer’s oath of office, personal conscience, departmental regulations and criminal laws.” (Punch, 2000) it is an even greater threat to the community because the damage done has more impact than the sum of the individual acts of corruption. This chapter will discuss the types of police corruption and focus on the organisation as the source of core police culture. -/- . (shrink)

As moral injury is a still-emerging concept within the area of military mental health, prevalence estimates for moral injury and its precursor, potentially morally injurious events (PMIEs), remain unknown for many of the world’s militaries. The present study sought to estimate the prevalence of PMIEs in the Canadian Armed Forces (CAF), using data collected from CAF personnel deployed to Afghanistan, via logistic regressions controlling for relevant sociodemographic, military, and deployment characteristics. Analyses revealed that over 65% of CAF members reported exposure (...) to at least one event that would be considered a PMIE. The most commonly PMIEs individuals reported included seeing ill or injured women and children they were unable to help (48.4%), being unable to distinguish between combatants and non-combatants (43.6%), and finding themselves in a threatening situation where they were unable to respond due to the rules of engagement under which they were required to operate (35.4%). These findings provide support for both the presence of exposure to PMIEs in CAF members and the need for formal longitudinal data collection regarding PMIE exposure and moral injury development. (shrink)

Debates about terrorism and technology often focus on the potential uses of technology by non-state terrorist actors and by states as forms of counterterrorism. Yet, little has been written about how technology shapes how we think about terrorism. In this chapter I argue that technology, and the language we use to talk about technology, constrains and shapes our understanding of the nature, scope, and impact of terrorism, particularly in relation to state terrorism. After exploring the ways in which technology shapes (...) moral thinking, I use two case studies to demonstrate how technology simultaneously hides and enables terroristic forms of state violence: police control technologies and Unmanned Aerial Vehicles (UAVs), or drones. In both these cases, I argue that features of these technologies, combined with a narrative of precision and efficiency, serves to mask the terroristic nature of the violence that these practices inflict and reinforces the moral exclusion of those against whom these technologies are deployed. In conclusion, I propose that identifying acts of terrorism requires a focus on the impact of technologies of violence (whether they are “high tech” or not) on those most affected, regardless of whether users of these technologies conceive of their actions as terroristic. (shrink)

In this chapter I argue that emerging soldier enhancement technologies have the potential to transform the ethical character of the relationship between combatants, in conflicts between ‘Superpower’ militaries, with the ability to deploy such technologies, and technologically disadvantaged ‘Underdog’ militaries. The reasons for this relate to Paul Kahn’s claims about the paradox of riskless warfare. When an Underdog poses no threat to a Superpower, the standard just war theoretic justifications for the Superpower’s combatants using lethal violence against their opponents breaks (...) down. Therefore, Kahn argues, combatants in that position must approach their opponents in an ethical guise relevantly similar to ‘policing’. I argue that the kind of disparities in risk and threat between opposing combatants that Kahn’s analysis posits, don’t obtain in the context of face-to-face combat, in the way they would need to in order to support his ethical conclusions about policing. But then I argue that soldier enhancement technologies have the potential to change this, in a way that reactivates the force of those conclusions. (shrink)