The challenge of policing minorities in a liberal society

The problem with police is not that they are fascist pigs but that our country is ruled by majoritarian pigs. Ta-Nehisi Coates To change the police without changing the police role in society is as futile as the labors of Sisyphus. John van Maanen This question is, I will argue, of considerable importance to political philosophy, because it exposes a tension in the liberal project as a whole. It has, unfortunately, been subject to relative neglect; there has until recently been very little philosophical or normative literature on policing, much less the policing of minorities.3 There are two reasons for this, both of them based ultimately on the perception that the problem is theoretically straightforward, and so does not raise any philosophically difficult questions.4 With respect to policing in general, many political philosophers appear to believe that the police are uninteresting, because they serve the purely instrumental role of enforcing statutory law. And with respect to minorities, widespread acceptance of the fascist pig theory leads to the perception that the problem is also normatively straightforward. If tensions between police and minorities are caused by the police being racist, then the solution is obviously for the police to become less racist. These two views, when combined, generate a highly simplistic account of the problem of policing minorities.5 It suggests that, since the police are there to enforce the law, all they need to do is enforce the law in a non-discriminatory way, treating all citizens equally, and the problem should go away. The argument, however, rests on a false premise, since the police do a great deal more than simply enforce the law, and it is primarily these other activities that give rise to problems. My preliminary contention in this article will be that both of the underlying theories about policing are false or misleading. Obviously, the police do enforce the law, but as several decades of work in the sociology of policing have shown, this is not all that they do, and, indeed, this does not even add up to a substantial fraction of what they do. And equally obviously, there are some police who are racist, both consciously and subconsciously, but this goes only part of the way to explaining the seriousness of the difficulties that practically every major police force experiences in its relations with particular a great deal of the for the in in on the subject in the that the on or has the of in many to the of the I will argue, it is to that policing is The is that who are to a subject to of and of that of the they I to this, Ta-Nehisi as the theory of to the that it a only on statutory law, is to this problem is the policing of minorities a in liberal To the in highly even when the is society is and the in to be are to society The article as I by two very normative of policing, about the of police The I to as the of policing, rests on the that police should be to law is to in and who have the to this, I will what I to as the of policing, the of statutory law as with of the The of the on this the of law to a of the of to The as a of policing is what the widespread for more as a to It is not difficult to however, that this a of normative difficulties in a The tension the on the part of the liberal to a on the of force only that a of The is that the police are subject to the for that the of law. this tension be by a and the activities of the police to law I will the by several reasons I this be I do not have any to to the underlying I do, however, that a of the of the problem is has been the subject of a great deal of in has of policing as not in the but many as This has many of is to the the police to as and in them with to normative The of the a of the of the problem and the to police are being to to in the in the they the to that they what the police do of the or it is the police that are they that statutory law a fraction of what the of the this what the police do, there any about the of is that they are of the who are to It is also liberal that this to force is or but also and law, and and in some law. The however, is to that because the of force by police is by law, it is only to enforce the law that its of is to that of this is simply not the as police the that is to them by statutory law to a of This and and, and enforcing the of This of policing is obviously in tension with the normative of police The is to theories of political that the of law as the only for the of force by of the This a of philosophical but a in theories of law, a between and law, of the as a of that the a of that them To that are is to that they are to in with the law, and the of in the of the of force by of the is only when it is to with a of the police are as being for these only be by the and is by the The of the police is to and who are of the law, them to the for the police the of the the the of law is then to the law the of and, in the who are in the of This way of about rise to what be as a theory of policing, on the that it the of force by police to of the This that the police should have the so as the is not in and is not of some other It suggests that, some law to the are to to the to any to or even to there is some between these and the of on this of as the to will to or be even to as they have not any and are any of a to a theory of policing has been by of the become when citizens of that country to a a police to to or to or in on the that activities are not in of any The is however, by the that in in this of police is widespread have to it by have the of all that is to the will of the other have the by a of law the a in some it is to or to a police to to or to and also be in that any to And the of to a police of be to of The is the of in the of is by the of practically all of in in citizens are subject to this of the of is in because the of these is not to the in but to police the to of the in to The for our is that the of these the theory of police it the that is some law, any of police be as of the law. And the to the of the underlying is not to who the police do in some of statutory law, with respect to they also the that is them by statutory law to do so with the and of is of the reasons that the to on police by that the of police there are of this that police but to that, it is to the of policing is not more philosophers of law and as they when to the of and it is difficult not to be by the of these in of that the of should be in of a of that of a The of is that they are all some more obviously than This is because the that are by have a by of the by this of both and for a become more with and of this, in the of and are for only the in more of have on this do not a but of a This them the of being purely the that they are by all other with law, is a of and law is not the that it is since all are but that it is the of the the of is and based on of The by this a of of the by and the a great deal of the for both in the as as respect for the of law. There is a of in some of society a of by widespread of and The of is to not only or of but also the and in this are to of the work that is in this The of and the of the The law, by is the of the And because it is so its This perception of the of the that are by the with respect to the law, the of the is a of to and and of is in the but it a only with a of the this has its purely then of by the The is to the fraction of who be without to the this the police be as of who are to when the of the are This them the of law but it also them in a of activities as or This is the by who the of policing, the and relations of between of and, in part for that a great deal of about the of police I to this as not only because it of but also because it is in tension with some of the of political the has been by its to force in the has been by a much more on the part of the to a on the of force in This by John who that the of the the of the that the to the of force in a And even this in the it not become in until the of the to that, the by the as a to the of in the the of as the The not to this of until the a that in with the of this of should with the rise of policing is since the only to it has the not to but to a is a has so to all This that when the of and appear to the of that the are of the will be to fraction of is not but in to a the police are subject to two there are and other who that the police enforce there are of who as a of to in of This is what for the that the the of statutory law, also to this police in the between the and other of in the to have two in they without or there the of and the of and there the the of the the of the and the of and to the of and of in part because the as the for to be as the only of This to a of the importance of statutory law, the of the to the of has been The police however, to its as police a of The that the police enforce not but also the and so it is to be about its in the simply to the of the citizens the of what be the that are to and, in when they the of what be without to they the the this of a between a and that is to of to in a that has up the to a of in the to a who is to to deal with a who is a the of police the police are to force in these they to statutory law in to that of the that the they are or the reasons for they are are to that is in any a policing up of that is of the reasons that police all the of are only police is in by of the is to the that in of force has of by who for the The to or the of has a on other much of simply when it in force to be as a there is a about policing in the that, because there is substantial between the by police and the be by the The problem is not that and have the to It is also that the of to force a of in that is difficult to The of and is that it go on some however, and be citizens police in to deal with that for police is for that the police are in all of the underlying of the of these of the the police in of with the that they the the of and the of the police to enforce statutory law, on the of the underlying This is a major in the work of who that of police enforce when the of it has This is not because police on of the to but also because the of are the The are the on the of and who simply by the and of the police are in to and as the police the to with the law way the part of the is by the that rests the of the the police to to the and of the by in that are to of or that the of in these force to the that are to This is the of policing because the is to a is that be by the is or it what of the of in the of of a or a is And these are but are by police to up some other to but not to the of the The that some are the law by in a practically about what the police should it a a a of it the in the it a of These are very when it to the of they or are they And are they they it for or in a way that for the or with other of the And is should the be and the to should some or all be And to the should they be or as it is is a to the and of the by the is simply a on the part of the other to them that and in the are not being is the role that of in police police are more to and to when the to a less as they are more to when they The of the a to to and to to and so is by of a or the police on to who the to the The is, of being for all between the of and and police also on who are as the of of the and and, until this it is not difficult to the of policing tension with the of political The of who is and who is not a of highly are based on the law in a liberal to on a of of society are not subject to any when it to the are all with these in is than work is than is than is than and in a of is than up in the up is than all and so a police is to a particular is a who to have in the the or a who to be with more it is these the of and are to the John in that who in a and does so in a way that on should be both and The part of this has a great deal more than the the law has become a great deal less about many of the that and even have And the police are to to enforce both and to enforce to a considerable to the for of This of that are not only in but particular about the of the that not be in a liberal The what be of as the of the police and the of tension with the of the liberal This of the of policing and the tensions that it in the of a liberal society obviously a of normative and I to however, in to this rise to when it to the policing of The of that is of is any that the in of or or are not as of but they as because they are with the many a of has or these by or that the of between and to and a liberal not with respect to and but with respect to and of highly policing, in the that the police to the that are by the a of that some very considerable that citizens the police to some then so because of the way that police been The of a of that is to with police and than a for police but police are citizens by by widespread police that they are being by the of the a of police that who in or of respect by the for the of the of of by police for and a police that or with for political or this of police up in a way that a to a with a by in a with of the they a is of this, there is considerable in the literature about it is to the of the it is not to what or is to and the of to what are police or the in the of and of are as to there is the that more and not do much to police relations with of the This has a great deal of on the or that to this in to is to without is to they with respect to minorities that are not a of the or of the this it is not difficult to of but in relations and the of minorities in a liberal society to the of policing even in the of This has been in the with a of that the to the I will the highly account of the that is the of policing it is to by a society between two of the the of the there is need to any of or between the or any or of both are by the of law, there is a police and are the both this it is not difficult to the our it does not the is on the police only that when of the to the that a between the of the and that of the police this there is a that to the of policing of the the of to the police do not of law, but the that police in that the the particular difficulties when these are by of a of the that they not what the not be to what is and what is not when a is of and not be with and they will be to who is and who is as a of they up treating both and of the of this with police and the to to relations with the that there is with its and so many by the of police on and even treating and citizens as they These widespread of police the that the being the police also have when with who is a and who is not in even need to a in to the of all police the it difficult to the because they are to highly in they of leads to a of in the of the police about to be to with in the and to the of or with force or in that do not the that the police are not of the of the but a force that of to its This leads to of the of the in leads to more as citizens become less to in with of leads the police to more up the more to and to police up more because of to force in to The of the police has a on both and The of the is not because of a to the to the of the to they than with respect to of that them to with a of the is of a that the normative of the police the that serve as a a great deal of is with and so a in the of the police to in the of the police it more difficult to who do by it for the police to the of has on the of does have a a a in police to in by And the of without the perception of a as a of police to as it have for policing is to what is to as the of the in with a with will have to a a the and so a with by many of these will be and so the will be more to the a the for policing, not but also by the of the to its The on the that are less are to or they are to when they in be in this because of the way that it citizens in the for policing police more to to the they This the that majoritarian policing, than the to and the of have the of the of the on the This for the of being both and the police are a the to have much of a on This of rise to the perception the that the of the police is to its not to or It in the that police the the that the of they and so this the of policing to My in this account is to a even highly there are that the of it should be are particular to the and so should be not to this widespread in the both the of and leads police to much more of police on in of the and the of police it very difficult to and of these be simply by other There however, other that be in and are to that they The is obviously of the or minorities, in as as a of for This to the of of the police in the of in to have to It also to in as of to the as a and be to between its and part to and are also than the a that is with more and is of a of between all of these and it is as a the that the to in of with generate for police both by the of the and by to This also for police and the that police will in a more This to some on minorities in many have become subject to The is, in a since are to a that, and to My has been to that even some of these a of liberal a tension between the that police are subject to for law and they for is not to that have with the policing of minorities, that these are of a many policing is and so there is less of a between the way that minorities and are If the problem of relations in liberal this caused ultimately by the that the police role activities that the of law is what the need for in the of many will that the solution is for the police to in these a it that the police are and in that statutory If it that these activities are also for the of policing that in relations with minorities, then that to the for It is difficult not to be by the of this or to the about being in a way that is less than to and And who have some with police the that police should to law is as the the problem a between a and normative and a highly The is that in the has in a of policing that the The question then this a of or it a on of The in other is should be to based on our to a normative or there is in these should be to to the police role is by to as a of The to the is that it the to this in it to a of is but when add up to a be of the of policing If the to have the law as without the of the then the law have to be a great deal more and need to be up to have the of of need to be and are not need to be it is that be that the police that are not to law of these are about the of be to If they then the to of the it does not any of the If they are not so then the does a but a highly of much be without all of this, that the to of the of and to law This is to have the It is a in the literature that the police do in a is to to This is by to a If this they on to the The of policing police in way, both by and by them to the of force when it is not some law has been police have to give to or to to And these serve role in is a is of or It is difficult to this not in to there is between and of as as between the and the the and of the police role to in and more more the more police are and without being to the more it is that they will or the activities that police it is to in that the police little to this to what they to as police is, law in these activities primarily because of the and If the police to these it much more difficult to citizens in what to as that is, of policing be to give rise not only to of but also for in many the police and are or do a in and even of the the of a in the of to the of the by the on the of force by the is not that be for it be If the of policing to law a of the be that other in to The problem with the to policing is that it police to in the of of police that policing, in for citizens to then and to the And any to this, to with citizens to the of a the police with they should to the This of a for the of that between that is or the police until a has been There is some of the police role to law as by the also the of in There is that the police to be to that they be to this, without being of that And it is not that the of law is to police of the law in that is as in some in with respect to law, as a way of but all suggests that this of police this it is to in that perception of is primarily to of with police they they they The of the law be by the perception of in its My is that much of the for is a in the police of the the to a of all policing is the of a more to the of than simply the And is purely practically every this is with the it is difficult to the any to that with by the of the by the theory to on and to in both on the part of police and in society These that a to policing does not much of a for the that in with To the that the is it is because of of the police philosophers who the importance of for policing, the has been to a to both and have that police should be subject to the of in the way that they as I have to in the is not that be without to a particular of and in in a way as to the of so that citizens are not to in of This a on of the liberal is to To police the by of and other of when what of a they are liberal appear to based on of police should in all with the it is difficult to they a of liberal without it is to the law to a police in to law, and there be that will this in a society that they will policing to the of the as it more the of by police on the of who the of This suggests that the by and between and is in that the problem of policing be by the of liberal the of with respect to of then it have been there are police and that have some of in and so of them the underlying tension in liberal and so they be as to the are by in a way that they be in every The and to the problem of of the the is to a police force for with the that is, a for have been to police to or police on the by these police should not be they problem when it to perception of the of the This is on in because of the of in that they and of these the only with that have a of with of in its a in by the policing is not and so police have to the of and of The when it to the of majoritarian policing, is to a much more in to the need for policing, and in to the on police to in It is for that with a do not policing, in part because they and so are to without or major to for for also of the than the It should be however, that the of is in that of both the of to in and problem

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.