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Vol 21 No 11 Nov/Dec 2016

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The Jurisprudence of Police: Toward a General Unified Theory of Law

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ISBN13: 9781137366238
Published: October 2013
Publisher: Palgrave Scholarly
Country of Publication: UK
Format: Hardback
Price: £66.00



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This exciting work develops a new philosophy of law and a new theory of law enforcement. The concepts developed provide the basis for a general unified theory of law that reconciles what legislators and judges do, with what police do. Legal philosophy is focused on the courts, but not on the police - and what police do has considerable importance for what we understand law to be. Police writers often overlook the subject of police philosophy and how philosophy can inform particular issues of police practice. While there has been much written on police discretion, no one has elaborated a theory that accounts for how that discretion is authorized by the duty of police to secure observance of law, and is subjected to the rule of law. Much attention is devoted to the shift in the police paradigm from a technically oriented professional law enforcement to a problem-oriented community policing. This book accomplishes these ends by drawing in and integrating literature in legal philosophy and police theory. Providing analysis and critical appraisal of the leading positions, it resolves important questions in both fields. The book elaborates a new integrative theory, introduces new concepts, and makes public policy recommendations.

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Subjects:
Police and Public Order Law, Jurisprudence
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