Year: 2024
Type: article
Abstract: This paper conceptualizes the administrative punishment of police misconduct as a republican retributivist endeavor. Blameworthiness for police misconduct stems from its collective and civic harms to liberty — as conceived of as equal protection, rather than non-interference. Police have a special obligation to uphold liberty. Failing to uphold these conditions of liberty is what makes misconduct blameworthy. Police misconduct, insofar as it represents the arbitrary domination of some people over others, threatens republican freedom. I trace this conception of police misconduct across various categories of police misconduct, including criminal and non-criminal violations and violations that do and do not use police powers. While administrative punishment for police misconduct may be justified by its consequences, there also exists a retributive element to this punishment. Republicanism explains why officers are blameworthy for police misconduct, and retributivism explains why they ought to be punished for that blameworthiness. I conclude with an argument for why this republican retributivist paradigm is more coherent than traditional consequentialist or retributivist ones.
Source: Criminal Law and Philosophy
Author: Nicholas Goldrosen
Institution: University of Cambridge
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $2,990
Award: G1690597291
OpenAlex ID: W4402919575