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Reparations for police killings


Page, Jennifer M (2019). Reparations for police killings. Perspectives on Politics, 17(4):958-972.

Abstract

After a fatal police shooting, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory that centers on the distinction between reasonableness and liability. Reparations provide a nonadversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process.

Abstract

After a fatal police shooting, it is typical for city and police officials to view the family of the deceased through the lens of the law. If the family files a lawsuit, the city and police department consider it their legal right to defend themselves and to treat the plaintiffs as adversaries. However, reparations and the concept of “reparative justice” allow authorities to frame police killings in moral rather than legal terms. When a police officer kills a person who was not liable to this outcome, officials should offer monetary reparations, an apology, and other redress measures to the victim’s family. To make this argument, the article presents a philosophical account of non-liability hailing from self-defense theory that centers on the distinction between reasonableness and liability. Reparations provide a nonadversarial alternative to civil litigation after a non-liable person has been killed by a police officer. In cases where the officer nevertheless acted reasonably, “institutional agent-regret” rather than moral responsibility grounds the argument for reparations. Throughout the article, it is argued that there are distinct racial wrongs both when police kill a non-liable black person and when family members of a black victim are treated poorly by officials in the civil litigation process.

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Additional indexing

Item Type:Journal Article, refereed, original work
Communities & Collections:01 Faculty of Theology > Center for Ethics
06 Faculty of Arts > Institute of Philosophy
Dewey Decimal Classification:100 Philosophy
Scopus Subject Areas:Social Sciences & Humanities > Political Science and International Relations
Language:English
Date:1 December 2019
Deposited On:26 Nov 2019 10:27
Last Modified:29 Jul 2020 11:49
Publisher:Cambridge University Press
ISSN:1537-5927
OA Status:Closed
Publisher DOI:https://doi.org/10.1017/s1537592719002652
Official URL:https://www.cambridge.org/core/services/aop-cambridge-core/content/view/E716EF8C8788C2A54F1CBC1009FF46B2/S1537592719002652a.pdf/reparations_for_police_killings.pdf
Related URLs:https://www.cambridge.org/core/journals/perspectives-on-politics (Publisher)
https://www.recherche-portal.ch/permalink/f/1h21i27/ebi01_prod004528837 (Library Catalogue)

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