EOP: Week 2 Reading Notes
Ethics in Law Enforcement
Introduction
Chapter 1: Ethical Behaviour
1.1 The Importance of Ethical Behaviour
1.2 Ethics and the Pursuit of a Law Enforcement Career
1.3 As Employees in Law Enforcement Agencies
References
Chapter 2: Ethical Systems
2.1 Major Ethical Systems
2.2 Utilitarian Ethics
2.3 Deontology
2.4 Virtue Ethics
2.5 Ethics of Care
2.6 Egoism
2.7 Religion or Divine Command Theory
2.8 Natural Law
2.9 Social Contract Theory
2.10 Rawls’ Theory of Justice
2.11 Moral Relativism
References
Chapter 3: Ethical Dilemmas and the Process of Effective Resolution
3.1 Ethical Dilemmas
3.2 Values
3.3 Solving Ethical Dilemmas
References
Chapter 2: Ethical Systems
2.1 Major Ethical Systems
Understanding ethical dilemmas involves articulating a rationale for perceived right and wrong decisions.
Ethical theories provide perspectives for understanding decisions, especially when they might seem unethical at first.
The book emphasizes normative ethics concerning modern ethical issues in law enforcement:
Normative Ethics: These theories describe standards for ethical behavior and decision-making.
Definition: Pollock (2007) defines normative ethics as theories concerned with the norms that define principles of ethical behavior.
Examples include utilitarianism, Kantian ethics (deontology), and divine command theory.
Meta-Ethics: Focuses on the study of ethical theories and concepts themselves.
Evans and Macmillan define it as theories concerned with moral concepts and the semantics of moral language.
Applied Ethics: Deals with applying normative ethics to specific issues within organizations.
For example, following the BC Corrections ethical code as an employee or the BC Police Code of Ethics.
Normative theories that will be discussed:
Utilitarianism
Deontology
Virtue ethics
Ethics of care
Egoism
Religion or divine command theory
Natural Law
Social contract theory
Rawls’s theory of justice
Moral relativism
2.2 Utilitarian Ethics
Definition: Utilitarian ethics is a normative ethical system focused on the consequences of decisions.
Known as a teleological or consequentialist theory, meaning it prioritizes the outcomes of actions as a measure of morality.
Consequentialist reasoning states that an action is moral if it leads to good outcomes.
Jeremy Bentham (1748-1832) explained utilitarianism via the principle of utility, emphasizing maximizing pleasure and minimizing pain.
Interpretation of Pleasure and Pain:
Pleasure equates to happiness, while pain correlates with sadness.
John Stuart Mill refined utilitarianism by differentiating between higher intellectual pleasures and lower sensual pleasures,
Identified four distinctions:
Happiness is mind-related; pleasure is body-related.
Pleasure's duration is shorter than happiness.
Happiness encompasses both pleasure and pain.
Happiness has evaluative elements, unlike pleasure.
Two Formulations of Utilitarianism:
Act Utilitarianism: Examines the utility of individual actions.
Rule Utilitarianism: Assesses the utility of following general rules.
Utilitarian Dilemmas in Law Enforcement:
Example of an officer deciding whether to arrest a marijuana seller at a protest (considering happiness of protestors vs. duty to enforce laws).
Consequences of Actions: Should be weighed against anticipated outcomes—discretion plays a key role.
Challenges of Utilitarianism:
Difficulty in measuring happiness and interpreting the consequences of actions, recognizing unintended outcomes.
Time factor before determining ethical implications based on results.
Happiness not the sole metric for ethical decisions; justice, rights, and fairness also matter.
Utilitarianism vs. Minority Rights:
Majority happiness can infringe on minority rights, raising ethical concerns in law enforcement practices.
2.3 Deontology
Definition: Deontology, derived from the Greek word "deon" (duty), emphasizes moral duties and obligations.
Formulated by Immanuel Kant, highlighting moral intent over outcomes:
Actions are assessed based on the inherent morality of the intent behind them.
Types of Duties:
Hypothetical Imperatives: Actions needed to achieve specific goals (e.g., students studying for good grades).
Categorical Imperatives: Unconditional ethical obligations to be fulfilled regardless of consequences (e.g., mandatory charging of offenders).
Kant’s Maxim:
Each person exists as an end and should be treated as such, never merely as a means to an end.
Importance in Law Enforcement:
Officers must fulfil their duties despite potential personal costs; the concept of universal application assists in moral decisions.
2.4 Virtue Ethics
Based on Aristotelian principles, virtue ethics focuses on the development of good character.
The belief that good individuals naturally do good things; a person's character influences ethical behavior.
Eudaimonia: Aristotle’s concept of a flourishing life that encompasses virtues conducive to well-being.
Types of Virtues:
Executive virtues: Courage, perseverance.
Moral virtues: Compassion, generosity, truthfulness.
Intellectual virtues: Wisdom, understanding.
Societal expectations include virtues in law enforcement personnel, aiding in ethical decision making.
Emphasis on hiring officers with these virtuous traits to foster ethical behavior in the department's culture.
2.5 Ethics of Care
Focuses on interpersonal relationships and compassion in ethical decision-making.
Recognizes the importance of caring for those unable to care for themselves.
Application in law enforcement includes conflict resolution in civil and domestic disputes, fostering relationships with the community to build trust.
Encourages acting from compassion rather than pure duty in interactions with civilians.
2.6 Egoism
A descriptive rather than prescriptive ethical theory, highlighting self-interest as the primary motivator for actions.
Suggests that all actions are ultimately self-serving, even if they appear altruistic.
Police actions that seem heroic may also be self-motivated by personal gratification.
2.7 Religion or Divine Command Theory
Utilizes religious beliefs as the foundation for establishing ethics.
Assumptions:
Existence of a god who commands certain actions.
Actions are right if they align with these divine commands.
Followers must interpret these commands.
Raises awareness for law enforcement about the plurality of beliefs within the communities they serve and the implications for ethical decision-making.
May help officers navigate moral dilemmas when societal values conflict with religious convictions.
2.8 Natural Law
Anchored in the idea that humans naturally strive for good as reasoned by St. Thomas Aquinas.
Emphasizes preservation of life as inherently moral.
Encourages law enforcement to focus on public safety and the protection of life above property.
2.9 Social Contract Theory
Explores the agreement within society that necessitates laws and rules.
Proposed by Thomas Hobbes, depicting a "state of nature" where life would be "solitary, poor, nasty, brutish, and short" without government.
Individuals surrender some freedoms to an authoritative power (the state or government) in exchange for order and protection.
John Locke further developed this, suggesting that government legitimacy comes from the consent of the governed and that individuals retain natural rights (life, liberty, property).
Jean-Jacques Rousseau emphasized the "general will" of the people as the source of governmental authority.
In law enforcement, this theory underpins the idea that officers serve to enforce the laws and maintain order, thereby upholding the societal agreement where citizens trade certain freedoms for protection and security.