9781137366238

The Jurisprudence of Police Toward a General Unified Theory of Law

by
  • ISBN13:

    9781137366238

  • ISBN10:

    1137366230

  • Format: Hardcover
  • Copyright: 2013-10-10
  • Publisher: Palgrave Macmillan
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Summary

Legal philosophy traditionally focuses on the courts, but not on the police – despite the fact that what the police do has considerable implications for what we understand law to be. Police writers in turn often overlook the subject of philosophy, and how philosophy can inform particular issues of police practice.

In The Jurisprudence of Police, Thomas Vincent Svogun closes this gap by developing a new philosophy of law in tandem with a new theory of law enforcement, thus providing the basis for a general unified theory of law that reconciles the work of legislators and judges with the work of police. Much attention is devoted to the shift in the police paradigm from technically oriented professional law enforcement to problem-oriented community policing. This book integrates literature in legal philosophy and police theory to elaborate new integrative theory, introduce new concepts, and make recommendations for future public policy.

Author Biography

Thomas V. Svogun is Professor of Administration of Justice and Philosophy and Chairman of te Philosophy Department, Salve Regina University, USA.

Table of Contents

Preface
Introduction
PART I: THE NEED FOR AN INTEGRATIVE JURISPRUDENCE OF POLICE
1. The Jurisprudence of Police Defined
2. A Critique of Positivist Police Science
3. A Critique of Normative Police Theory
4. The Rise and Limits of the Formal Positive Police
5. The American Police Experience and the Limits of the Managerial Perspective
PART II: TOWARD A UNIFIED GENERAL THEORY OF LAW: THE INTEGRATIVE NATURE OF LAW, LAW ENFORCEMENT, AND THE NEW POLICE
6. The New Police and Implications for the Conception of Law
7. Law and Law Enforcement's Three Dimensions
8. The Relativity of Justice, Law, and Police to the Social Bond
9. Conditions Favoring Law as a Positive Formality in Modern Liberal Society
10. Integrative Analysis Applied to Some Recent Trends in the Administration of Justice
11. Reinterpreting Normative Concepts Integratively: Contract and Authority
12. Summative Remarks
PART III: FURTHER ELABORATION AND APPLICATION OF THE INTEGRATIVE JURISPRUDENCE OF POLICE
13. Formality, Discretion, and Police
14. Law, Historicity, Social Context, and Police
15. Closing Reflections
Appendix

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