NCJ Number
54332
Journal
Police Journal Volume: 51 Issue: 3 Dated: (JULY/SEPT 1978) Pages: 230-242
Date Published
1978
Length
13 pages
Annotation
PHILOSOPHICAL ISSUES RELATED TO THE NEED FOR LAWS, THE NATURE OF AUTHORITY, THE POLICE, BALANCE OF POWER, AND SOCIAL ATTITUDES ARE CONSIDERED.
Abstract
ALTHOUGH THERE IS CONTINUAL AGREEMENT ABOUT THE NATURE AND CONTENT OF LAWS, THERE IS NO DOUBT ABOUT THE NEED FOR LAWS OF SOME KIND IF SOCIETY IS TO BE SAFE AND PROPEROUS. BUREAURACY HAS OVERTAKEN MANY OF THE IDEAS OF ANCIENT PHILOSOPHERS AND WRITERS ABOUT THE ROLE OF LAW AND AUTHORITY. LAWS SHOULD PROTECT INDIVIDUALS AND GROUPS AGAINST EACH OTHER AND ALSO AGAINST THE POWER OF GOVERNMENT. A PROPER AIM OF LAW ENFORCEMENT IS TO MAINTAIN LAWS THROUGH ACQUIESCENCE OF FREE WILL AND BENEVOLENT PERSUASION, WHILE RESERVING COERCION AND THE USE OF FORCE TO DEAL WITH THE FEW WHO OFTEN OPERATE ON THE MARGINS OF SOCIETY. THE INSTRUMENT OF AUTHORITY IN MOST STATES IS THE POLICE. THE MANNER OF CONTROL OVER POLICE AND THE NATURE OF POLICE WORK ARE MAIN CRITERIA USED IN COMPARING THE RELATIVE SUCCESS OF SOCIETIES IN ACHIEVING ORDER. POLICE AUTHORITY CAN BE ABUSED. ARRANGEMENTS FOR INDEPENDENT SCRUTINY AND SUPERVISION OF PROCEDURES FOR COMPLAINTS AGAINST THE POLICE MAKES THEM MORE ACCOUNTABLE THAN ANY OTHER PROFESSION OR BODY. POLICE POWER AND ITS ABUSES ARE CHECKED BY THE LAW. THE RULE OF LAW COMES UNDER STRAIN IN CONTEMPORARY SOCIETIES WHERE CIVIL DISOBEDIENCE IS GROWING IN POPULARITY AS A PROTEST MECHANISM, AND SHIFTING SOCIAL VALUES HAVE HAD A PROFOUND IMPACT ON THE POLICE. LEGAL CHANGES, RESULTING FROM SOCIAL PRESSURES AND OTHER SHIFTS IN MORALITY, HAVE LED TO TWO DISCERNIBLE AND DIFFERING REACTIONS; WHILE MANY REGARD THEM AS THE ROAD TO DECADENCE AND SOCIAL RUIN, OTHERS SEE THEM AS THE MINIMUM DESIRABLE IN A FREE SOCIETY. THE POLICE AND BALANCE OF POWER ISSUES IN ENGLAND AND WALES ARE DISCUSSED. (DEP)