The various roles we incorporate into the criminal justice system as well as the ways in which we construe such roles, lend themselves to the kind of ethical reflection that is open to us all. That said, once we have determined roles and their contours, those who act within them may have special duties and privileges that others may lack. Specific roles may generate ethical inquiries with novel forms, just as new technologies may push us in new directions.
John KleinigIn separating out, say, legal and moral requirements, I tend to work with paradigms rather than strict divisions - eg, paradigmatically, legal requirements are jurisdictionally bound whereas ethical requirements are aspirationally universal; ethical requirements focus especially on intentions whereas legal requirements focus primarily on conduct; ethical requirements take priority over legal requirements; and so on.
John KleinigThere will always be situations in which conflicts arise between individual and communal values - Catholic police officers deployed to enable women to enter abortion clinics without harassment and doctors who oppose performing abortions. No social role is free of such potential conflicts.
John KleinigAs for the ethics, law, and politics relationship, there has always been a tension for me as I try to keep them distinct while recognizing their interactions. A valuable contribution to my thinking there and elsewhere was Ellen Meiksins Wood's Mind and Politics, which reinforced for me the ways in which seemingly disparate philosophical endeavors were/are interconnected, and although I have tended to give a certain priority to ethical considerations as part of practical reasoning, I am reminded often enough that this position makes some contentious presumptions .
John KleinigOne of the real dangers of loyalty is that it may become associated with certain types of group-think, chauvinism, jingoism, and thus become socially destructive in ways that many other virtues are not likely to be when they are corrupted. Nationalism and patriotism are especially prone to misguided excess.
John KleinigIt is odd that a value/virtue that plays such a central role in dramatic literature has played such a small role in philosophical writing. There are probably a number of reasons, but I think that a predilection for a certain kind of individualism is a major one. Others might include the fashionability of consequentialism, the idea that loyalty has more to do with sentiment than reason, as well as its proneness to corruption. The revival of interest in virtue/character as distinct from rules/principles has also created space for a renewed, if hesitant, interest in loyalty.
John Kleinig