The 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 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 KleinigPolice do not work at the immediate direction of the communities they serve, but through their institutional connections. Police departments may develop structures, modi operandi, and cultures that are ethically problematic.
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 KleinigMy mother thought my inclinations would do well in Law, but I was too shy and deliberative - slowfooted - for that, so I determined to be an English and German high school teacher. In my first year of university I had one subject to "fill in" and chose philosophy against the advice of my counselor. My university teachers in English and German were totally uninspiring; philosophy was wonderful and my results showed it. I chose it and basically backed into a situation in which only a philosophy career seemed a viable option. I've never regretted it, but there was a lot of serendipity.
John KleinigPolice have both extra constraints and extra permissions - on the one hand, they can't dodge involvement in social disorder as the rest of us can and they may be required to conduct themselves privately in a way that does not undermine their public authority; on the other hand, they have permission to engage in deceptions, invasions of privacy and uses of force that are forbidden to the rest of us. But this does not put them beyond common morality.
John KleinigStructurally I don't see a fundamental difference between what we may reasonably expect of police and doctors - though obviously the fact that doctors are generally pursuing life-saving activities and police may be engaged in life-threatening activities may lead to differences in how we construe the moral limits to their roles.
John Kleinig