As 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 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 KleinigI see ethical considerations as having a certain priority in our interactions - passing judgment on our political and legal processes.
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 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 KleinigWhat we have to ask is this: what can we morally expect of and allow to people whom we deploy to fulfill this or that social role :police officer, school teacher, physician? This may sometimes lead to difficult social decisions - e.g. should police be permitted to illegally import drugs as part of a sting operation? In the end, I think "common - that is, critical - morality" should determine the limits of the police role.
John KleinigWhistleblowing constitutes a nice test case for the evaluation of loyalty. Loyalty also appears at the intersection of many major philosophical debates: general ones such as those between consequentialism and deontology, reason and feeling, virtue and principle, as well as more specific ones such as nationalism and patriotism, morality and obedience, particularism and universalism.
John Kleinig