CCCJ/Centre for Penal Theory and Penal Ethics Seminar: 'The Friction between the Rule of Law and Law Enforcement Costs Moral Education a Fortune'

Duration: 39 mins 58 secs
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Description: Professor Jonathan Jacobs is Professor of Philosophy and Director of the Institute of Criminal Justice Ethics at John Jay College of Criminal Justice, New York City, whose publications include: Choosing Character: Responsibility for Virtue and Vice (2001) and the Routledge Handbook of Criminal Justice Ethics (co-edited with Jonathan Jackson, 2017). Professor Jacobs spoke at the Institute of Criminology on 29 November 2017.
 
Created: 2017-11-29 17:20
Collection: Cambridge Centre for Criminal Justice Lectures and Seminars
Cambridge Law: Public Lectures from the Faculty of Law
Publisher: University of Cambridge
Copyright: Mr D.J. Bates
Language: eng (English)
 
Abstract: In recent decades in the U.S. (and perhaps the U.K.) there seems to be diminished recognition of the difference between the rule of law and law enforcement, with the latter seeming to displace the former. At the same time civil society is becoming less effective and trusted as a locus of moral education. As a result, people become increasingly willing to rely on criminal justice - that is, criminalisation, law enforcement, and criminal sanctions - as instruments for addressing disputed social issues.

The more that people think of the rule of law primarily in terms of law enforcement, the more they are likely to compromise their commitment to broadly liberal values and principles. Acceptance of incarceration as a routine form of social policy (along with the morally troubling form it often takes) results in large numbers of prisoners being de-skilled for civility, and ultimately released into a society that is decreasingly civil, further aggravating the situation.
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