By Thomas Vincent Svogun (auth.)
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Additional info for The Jurisprudence of Police: Toward a General Unified Theory of Law
Sample text
Studies undertaken during this period found that police did more than had been commonly assumed. They provided an array of services that went beyond criminal law enforcement and included: dealing with the mentally deranged, domestic crisis intervention, mediating neighborhood 28 THE JURISPRUDENCE OF POLICE disputes, directing traffic, escorting vehicles, and responding to emergencies—to name a few. Carl Klockers concluded that police perform so many different functions that any definition of police in terms of their ends would be impossible (The Idea of Police).
And I realize that the Rule of Law has always drawn part of its strength from pretense; but I don’t think that pretense is entitled to immunity. (Functions 143–144) If the police are to be responsive to the moral aspirations of our democratic republic, as Bittner wanted them to be, it will have to be based on an account of their discretion that ties it to a satisfactory conception of law, rather than an essentially formless discretion. This is necessary if we are to have government by law and under law.
As for the object of their productive (creative) capacity, consider Daniel Webster’s eloquent declamation: Justice is the great interest of man on earth. It is the ligament which holds civilized beings and civilized nations together. Wherever her temple stands, and for so long as it is duly honored, there is a foundation for social security, general happiness, and the improvement and progress of our race. 15 A just order will be built up with the help of the wisdom, experience, imagination, and vocation of morally based officials working toward the building of this dome.