Book contents
- The Police and the State
- The Police and the State
- Copyright page
- Contents
- Introduction
- Chapter 1 The Role of the Police
- Chapter 2 The First Power of the Police
- Chapter 3 The Second Power of the Police
- Chapter 4 The Third Power of the Police
- Chapter 5 Democratic Priorities, Relationships, and Tensions
- Chapter 6 The Bases of, and Reasons for Seeking, Police Legitimacy
- Chapter 7 Procedural Justice in Policing Revisited
- Chapter 8 Policing with Public Reason
- Chapter 9 Policing Populism, Protecting Pluralism
- Chapter 10 Primary Goods, Policing States in Transition, and Natural Experiments
- References
- Index
Chapter 7 - Procedural Justice in Policing Revisited
Published online by Cambridge University Press: 17 January 2023
- The Police and the State
- The Police and the State
- Copyright page
- Contents
- Introduction
- Chapter 1 The Role of the Police
- Chapter 2 The First Power of the Police
- Chapter 3 The Second Power of the Police
- Chapter 4 The Third Power of the Police
- Chapter 5 Democratic Priorities, Relationships, and Tensions
- Chapter 6 The Bases of, and Reasons for Seeking, Police Legitimacy
- Chapter 7 Procedural Justice in Policing Revisited
- Chapter 8 Policing with Public Reason
- Chapter 9 Policing Populism, Protecting Pluralism
- Chapter 10 Primary Goods, Policing States in Transition, and Natural Experiments
- References
- Index
Summary
For years, Tom Tyler’s construal of procedural justice has been offered as a cornerstone of police reform under the logic that it will breed descriptive legitimacy, and in doing so enhance voluntary compliance with police instructions and decisions. While not rejecting this logic, the argument here dismisses it as incidental to the reform project of grounding democratic policing in a normative commitment to impartially produce practical substantive justice. In this regard, Tyler’s characterization of his version of police procedural justice as being entirely psychological leave it unable to perform this project’s crucial normative work. It also leaves its adherents open the worry that it can be used as a persuasive tool to pursue unjust ends unless one incorporates the normative commitments that Tyler explicitly eschews as a feature of his model of procedural justice. As an alternative, the argument here considers models of procedural justice taken from jurisprudence that ground the law’s normative imprimatur to impose coercive judgments. It concludes by rejecting the primacy of Tylerian procedural justice for a normative conception that tracks and closely aligns with the pursuit of substantive justice and normative legitimacy.
- Type
- Chapter
- Information
- The Police and the StateSecurity, Social Cooperation, and the Public Good, pp. 129 - 161Publisher: Cambridge University PressPrint publication year: 2022