International Encyclopedia of Ethics. Edited by Hugh LaFollette.
© 2019 John Wiley & Sons Ltd. Published 2019 by John Wiley & Sons Ltd.
DOI: 10.1002/9781444367072.wbiee215.pub2
1
Police Ethics
Seumas Miller
The term “police ethics” typically refers to an area of academic inquiry within
philosophical ethics concerned with ethical issues that arise for police officers
and police organizations (Heffernan and Stroup 1985; Delattre 1994; Kleinig
1996a; Miller and Blackler 2005). Let me describe some of the main ethical or
moral (I use these terms interchangeably here, to avoid unnecessary complication)
issues that arise in policing.
As with other socially important institutions and occupations (see professional
ethics), the role of police officers and police organizations raises various founda-
tional normative questions pertaining to their nature and to the moral purposes
they serve or ought to serve. In response to these questions, a number of normative
theories of policing have been developed, notably a social contract theory (see
social contract; Cohen and Feldberg 1991; Kleinig 1996a) and a teleological
rights‐based theory (see rights; Miller and Blackler 2005: Ch. 1; Miller and Gordon
2014: Ch. 1). Moreover, there are various descriptive theories of policing proffered
by theoretical criminologists, for example that of Egon Bittner, who defines policing
in terms of the use of coercive force (see coercion; also Bittner 1980).
The social contract theory will be familiar to students of political philosophy,
since it is a version of that propounded by Hobbes, Locke, Rousseau, and the like.
Roughly speaking, persons in a highly insecure state of nature make an agreement
or contract to provide themselves with security by giving up at least some of the
rights that they enjoy in the state of nature to a government with a monopoly on the
use of force (the police service).
On the teleological rights‐based theory of policing, the protection of moral rights
is the central and most important moral purpose of police work, albeit an end whose
pursuit ought to be constrained by the law (see criminal justice ethics; also
Miller and Blackler 2005: Ch. 1; Miller and Gordon 2014: Ch. 1). So, while police
institutions have other important purposes that might not directly involve the
protection of moral rights – such as to enforce traffic laws, to enforce the adjudications
of courts in relation to disputes between citizens, or indeed themselves to settle
disputes between citizens on the streets or to ensure good order more generally – these
turn out to be purposes derived from the more fundamental purpose of protecting
moral rights; in other words they turn out to be secondary purposes. Thus laws against
speeding derive in part from the moral right to life, and the restoring of order at a
football match ultimately derives in large part from moral rights to the protection of
persons and of property.