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 KleinigI remember Stanley Benn remarking that one needed to be a certain age to engage with problems in political philosophy - I think he had in mind a certain breadth of understanding and experience - and so my political interests developed more slowly than the others.
John KleinigThe roles evolve over time: juries once made determinations about law; nowadays, they are supposedly limited to making factual determinations. A good move? All along, however, we will, be employing and refining "established" values in new contexts, with the possibility of restructuring them in some way.
John KleinigIn later years, when I started working in police ethics, I was professionally drawn back to the topic but as well was better able to see two sides to loyalty - its importance for certain central human relations such as friendships, but also its corruptibility in the sense that loyalty could be invoked against other moral constraints: it sometimes function as something of a moral Trojan horse, undermining other moral considerations.
John KleinigMy view of ethics and of its priority is connected to my view that we are fundamentally relational beings - both the product of human interactions, as well as committed as part of the expression of our own humanity to various social involvements. I see ethics as having two places in the maintenance of these relational activities - first as providing the basic coinage of our interactions qua humans and second as mediating the various roles we assume as humans.
John KleinigThe 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 Kleinig