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)

This chapter offers an overview and analysis of policing, the area of criminal justice associated primarily with law enforcement. The study of policing spans a variety of disciplines, including criminology, law, philosophy, politics, and psychology, among other fields. Although research on policing is broad in scope, it has become an especially notable area of study in contemporary legal and social philosophy given recent police controversies.

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 (...) derived by adhering to (limited) authority. This article examines methodologies within political philosophy for analyzing police injustice. The methodological inquiry leads to an account of how justice constrains the police through both special (or positional) moral requirements that officers assume voluntarily, as well as general moral requirements in virtue of a polity’s commitment to moral, political and legal values beyond law enforcement and crime reduction. The upshot is a conception of a police role that is constrained by justice from multiple foundational stances. (shrink)

Policing in many parts of the world—the United States in particular—has embraced an archetypal model: a conception of the police based on the tenets of individuated archetypes, such as the heroic police “warrior” or “guardian.” Such policing has in part motivated moves to (1) a reallocative model: reallocating societal resources such that the police are no longer needed in society (defunding and abolishing) because reform strategies cannot fix the way societal problems become manifest in (archetypal) policing; and (2) an algorithmic (...) model: subsuming policing into technocratic judgements encoded in algorithms through strategies such as predictive policing (mitigating archetypal bias). This paper begins by considering the normative basis of the relationship between political community and policing. It then examines the justification of reallocative and algorithmic models in light of the relationship between political community and police. Given commitments to the depth and distribution of security—and proscriptions against dehumanizing strategies—the paper concludes that a nonideal-theory priority rule promoting respect for personhood (manifest in community and dignity-promoting policing strategies) is a necessary condition for the justification of the above models. (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)

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. Each major conception of the police role is examined in light of how it affects the pursuit of justice, and how it may be contrary to seeking justice holistically and collectively. The book sets forth a conception of the police role that is consistent with the basic values of a constitutional democracy in the liberal tradition. Hunt’s intent is that clarifying the police role will likewise elucidate any constraints upon policing strategies, including algorithmic strategies such as predictive policing. This book is essential reading for thoughtful policing and legal scholars as well as those interested in political philosophy, political theory, psychology, and related areas. Now more than ever, the nature of the police role is a philosophical topic that is relevant not just to police officials and social scientists, but to everyone. (shrink)

Interpreting the content of the law is not limited to what a relevant lawmaker utters. This paper examines the extent to which implied and implicit content is part of the law, and specifically whether the Gricean concept of conversational implicature is relevant in determining the content of law. Recent work has focused on how this question relates to acts of legislation. This paper extends the analysis to case law and departs from the literature on several key issues. The paper's argument (...) is based upon two points: Precedent-setting judicial opinions may consist of multiple conversations, of which some entail opposing implicata, and if a particular precedent-setting judicial opinion consists of multiple conversations, of which some entail opposing implicata, then no meaningful conversational implicatum is part of the content of that particular precedent-setting opinion. Nevertheless, the paper's conclusion leaves open the prospect of gleaning something in between conversational implicature and what is literally said, namely, conversational impliciture. (shrink)

This paper explores what the epistemic account of vagueness means for theories of legal interpretation. The thesis of epistemicism is that vague statements are true or false even though it is impossible to know which. I argue that if epistemicism is accepted within the domain of the law, then the following three conditions must be satisfied: Interpretative reasoning within the law must adhere to the principle of bivalence and the law of excluded middle, interpretative reasoning within the law must construe (...) vague statements as an epistemic phenomenon, and epistemicism must be expanded to include normative considerations in order to account for legal theories that are consistent with the first two conditions. The first two conditions are internal to a particular theory of legal interpretation, while the third condition is external to a particular theory of legal interpretation. My conclusion shows that there are legal theories that are internally consistent with the fundamental features of epistemicism. However, within the domain of law—and specifically in the case of legal theories that are internally consistent with epistemicism—I show that vagueness cannot be explained simply by our ignorance of the meaning and use of vague expressions. Rather, epistemicism must also account for ignorance of the requisite normative considerations in legal theories with which it is otherwise consistent. (shrink)

Essay on police legitimacy through public reason and community policing.

Plato’s Laws include what H.L.A. Hart called the ‘classical thesis’ about the nature and role of law: the law exists to see that one leads a morally good life. This paper develops Hart’s brief remarks by providing a panorama of the classical thesis in Laws. This is done by considering two themes: (1) the extent to which Laws is paternalistic, and (2) the extent to which Laws is naturalistic. These themes are significant for a number of reasons, including because they (...) show how Laws might be viewed as a sophisticated forerunner of natural law theory. The upshot is that Plato's metaphysical commitments about legal ontology allow him to base the truth of legal propositions on the way they relate to the truth of corresponding moral propositions. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

There are often public calls to codify moral sentiments after failures to help others, and recent tragedies have renewed interest in one’s legal duty to aid another. This Article examines the moral underpinnings and legitimacy of so-called “Bad Samaritan” laws—laws that criminalize failures to aid others in emergency situations. Part I examines the theoretical backdrop of duties imposed by Bad Samaritan laws, including their relationship with various moral duties to aid. This leads to the analysis in Part II, which examines (...) two related questions that are raised when moving from moral to legal duties: First, on what ground does the state have the authority to dictate that one’s needs should be met in the way specified by a particular legal duty? Second, does a special relationship exist that legitimizes the establishment of such legal duties? (shrink)

Our understanding of folk and scientific psychology often informs the law’s conclusions regarding questions about the voluntariness of a defendant’s action. The field of psychology plays a direct role in the law’s conclusions about a defendant’s guilt, innocence, and term of incarceration. However, physical sciences such as neuroscience increasingly deny the intuitions behind psychology. This paper examines contemporary biases against the autonomy of psychology and responds with considerations that cast doubt upon the legitimacy of those biases. The upshot is that (...) if reasonable doubt is established regarding whether psychology’s role in the law should be displaced, then there is room for future work to be done with respect to the truth of psychology’s conclusions about criminal responsibility. (shrink)

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).

Essay on philosophical problems with police sting operations and the legal doctrine of entrapment.

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.

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.

This article addresses two issues. First, it critiques a prominent position regarding how affluent states should balance their national interest on the one hand and their duty to aid developing states on the other. Second, it suggests that absent a principled way to balance national interest with international aid, a state’s more immediate concern is to comply with its negative duty to not harm other states. To support this position, the article constructs a conception of harm that may be applied (...) to questions regarding a state’s negative duties, focusing upon the example of the Trade-Related Aspects of Intellectual Property Rights Agreement (TRIPS). (shrink)

This interdisciplinary essay considers how legal and philosophical ideals relate to contemporary politics. The essay takes a discursive approach—drawing upon Appalachian culture, popular culture, and personal narrative—to highlight a trajectory away from liberal norms.

This paper analyzes ethical issues relating to lawyer mobility.

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 this paper, we reflect on the disciplinary contours of contemporary sociology, and social science more generally, in the age of ‘big and broad’ social data. Our aim is to suggest how sociology and social sciences may respond to the challenges and opportunities presented by this ‘data deluge’ in ways that are innovative yet sensitive to the social and ethical life of data and methods. We begin by reviewing relevant contemporary methodological debates and consider how they relate to the emergence (...) of big and broad social data as a product, reflexive artefact and organizational feature of emerging global digital society. We then explore the challenges and opportunities afforded to social science through the widespread adoption of a new generation of distributed, digital technologies and the gathering momentum of the open data movement, grounding our observations in the work of the Collaborative Online Social Media ObServatory project. In conclusion, we argue that these challenges and opportunities motivate a renewed interest in the programme for a ‘public sociology’, characterized by the co-production of social scientific knowledge involving a broad range of actors and publics. (shrink)

Considered a sign of the ‘coming of age’ of video games as an artistic medium, the award-winning BioShock franchise covers vast philosophical ground. _BioShock and Philosophy: Irrational Game, Rational Book _presents expert reflections by philosophers on this critically acclaimed and immersive fan-favorite. Reveals the philosophical questions raised through the artistic complexity, compelling characters and absorbing plots of this ground-breaking first-person shooter Explores what _BioShock_ teaches the gamer about gaming, and the aesthetics of video game storytelling Addresses a wide array of (...) topics including Marxism, propaganda, human enhancement technologies, political decision-making, free will, morality, feminism, transworld individuality, and vending machines in the dystopian society of Rapture Considers visionary game developer Ken Levine’s depiction of Ayn Rand’s philosophy, as well as the theories of Aristotle, de Beauvoir, Dewey, Leibniz, Marx, Plato, and others from the Hall of Philosophical Heroes. (shrink)

De Dreu and Gross predict that attackers will have more difficulty winning conflicts than defenders. As their analysis is presumed to capture the dynamics of decentralized conflict, we consider how their framework compares with ethnographic evidence from small-scale societies, as well as chimpanzee patterns of intergroup conflict. In these contexts, attackers have significantly more success in conflict than predicted by De Dreu and Gross's model. We discuss the possible reasons for this disparity.

Large‐scale characterization of the human microbiota has largely focused on Western adults, yet these populations may be uncharacteristic because of their diets and lifestyles. In particular, the rise of “Western diseases” may in part stem from reduced exposure to, or even loss of, microbes with which humans have coevolved. Here, we review beneficial microbes associated with pathogen resistance, highlighting the emerging role of complex microbial communities in protecting against disease. We discuss ways in which modern lifestyles and practices may deplete (...) physiologically important microbiota, and explore prospects for reintroducing or encouraging the growth of beneficial microbes to promote the restoration of healthy microbial ecosystems. (shrink)

Research on animal innovation is an underdeveloped field, and for this reason we welcome the efforts Ramsey and colleagues have made to stimulate its study in wild populations. However, we feel that in attempting to find an operational definition the authors have overstretched the idea of what we should consider innovation in some areas and over-restricted it in others.

This volume explores the theoretical frameworks, methodology and field practice suited to late antique archaeology.

The central conflicts of the world today are closely related to cultural, traditional, and religious differences between nations. As we move to a globalized world, these differences often become magnified, entrenched, and the cause of bloody conflict. Growing out of a conference of distinguished scholars from the Middle East, Europe, and the United States, this volume is a singular contribution to mutual understanding and cooperative efforts on behalf of peace. The term paideia, drawn from Greek philosophy, has to do with (...) responsible education for citizenship as a necessary precondition for effective democracy. (shrink)

The central conflicts of the world today are closely related to cultural, traditional, and religious differences between nations. As we move to a globalized world, these differences often become magnified, entrenched, and the cause of bloody conflict. Growing out of a conference of distinguished scholars from the Middle East, Europe, and the United States, this volume is a singular contribution to mutual understanding and cooperative efforts on behalf of peace. The term paideia, drawn from Greek philosophy, has to do with (...) responsible education for citizenship as a necessary precondition for effective democracy. (shrink)

I argue that it’s quite comprehensible to get upset about metaethical nihilism, to indulge what I call nihilistic despair. When we lose the objective moral or normative point of view, we lose the promise of luck-immune guidance and categorical importance, things many of us hope for. This is all quite Williams-friendly, but I reject his puzzling but suggestive remarks that nihilistic despair must be a self-pitying muddle. Finally, I argue that internalism about reasons is even more depressing than outright (...) nihilism, in one way at least. (shrink)

This edited collection had its origins in a two-day conference held at the Tate Britain, organised collaboratively by research staff and students at Middlesex University and the London Consortium in order to celebrate the 250th Anniversary of the publication of Edmund Burke's famous book on the sublime. The conference was funded by Middlesex University, the London Consortium and the Tate Britain's AHRC-funded "Sublime Object: Nature, Art and Language" research project. The conference set out to critically examine the legacy of the (...) sublime in contemporary art, culture and society and to assess the value and the dangers of this concept as it is articulated in current thought and practice. The book selected from and expanded on the papers delivered at the conference in order to pursue this goal further. It was broken into themed sections (each of which had an introduction), each exploring an different issue around contemporary uses of the sublime. The sections were: 1. Nature, Ecology and the Sublime; 2. The Sublime After Kant; 3. Capitalism, Terror, Art and the Sublime; 4. Baroque and Beyond: Art, Sex and the Sublime; 5. The Cinematic Sublime. The volume reflects the interdisiplinarity of the concept of the sublime today, and includes essays whose appraoches come from aesthetics and ethics, ecological and political thought, psychoanalysis, feminism, film studies, literary studies, art history and popular culture. It includes papers by internationally renowned authors from the UK, America and Europe alongside the new voices of younger academics. The contributors were: Jane Bennett (Johns Hopkins University), Mark Bould (University of the West of England), Eu Jin Chua (London Consortium), Gudrun Filipska (Middlesex University), Cornelia Klinger (Institute for Human Sciences, Vienna / University of Tübingen, Germany), Esther Leslie (Birkbeck), William McDonald (Middlesex Univeristy), Laura Mulvey (Birkbeck), Claire Pajaczkowska (Royal College of Art), Griselda Pollock (University of Leeds), Gene Ray (Geneva University of Art and Design), Bettina Reiber (Central St. Martins), Jan Rosiek (University of Copenhagen), Sherryl Vint (Brock University, Canada), and Luke White (Middlesex University). (shrink)

I consider two views that combine different elements of general theistic replies to natural evil, those of Peter van Inwagen and William Hasker. I end with a Hasker-style defense – one that, unlike Hasker's, denies the existence of pointless natural evils – and some brief observations on the direction of future debate.

This chapter opens with a discussion on the Luke Skywalker's role in Return of the Jedi. At the end of the film Skywalker must make a decision whether to ignore the utilitarian principle that he must kill his father to save the galaxy, or violate the ethical principle against dishonoring and murdering his own father and risk being turned to the dark side by the Emperor. Both are unacceptable to Luke. So he will have to turn a Sith (...) to the light side of the Force. Such a maneuver requires a leap of faith, and for that this chapter turns to a man who knew just how hard it was: the Danish philosopher Soren Kierkegaard. Luke realizes that killing Darth Vader will not bring balance to the Force. Luke defeats Vader in the duel, but saves him in not ending it the way everyone has been telling him to. (shrink)