One of my first essays on police and race was in response to the August 9, 2014, killing of Michael Brown in Ferguson. Brown was unarmed when he was killed. While some claim Brown was murdered, others claim the shooting was justified. While there were efforts at reform, killings continue and hence this subject is, sadly, always relevant. In each incident there is the question of whether force was used legitimately (and what that might mean).
From a legal standpoint, the concept of legitimacy is defined by the law and whoever has the authority or power to impose their definition. From a moral standpoint, the legitimacy of force depends on what ethical theory is being used. Intuitively, though, the use of force against an unprovoked attack would seem legitimate. Using force against someone who does not present a threat would intuitively seem to be morally unjustified.
In discussing police use of force, I have found that some people see the critical issue as whether an officer was justified in using force in that situation. This view is reasonable but has an obvious defect: it does not consider the broader context. A particular officer could be morally justified in using force in the individualistic context of one person facing another. However, there is the broader context involving the social roles of the individuals, the social context, the history of race in America, the political context and so on. That is, the incident is not just a matter of two people who encounter each other in the context of violence. It is also a confrontation of class and race heavy with the weight of history. These considerations lead to broader moral concerns regarding why such situations arise.
One part of the answer is the history of race in America. This history sets the stage for death. To state a truism, being black in America is rather different from being white. Since I look very white, my experience has been the white experience. Being a philosopher, my awareness of this means that I know my experience is not universal and it would be fallacious to draw uncritical inferences from myself. Hence, I must rely on others to have some understanding beyond my own experiences. I do know that blacks tend to be treated rather worse by the police and young black men are singled out for some of the worst treatment. It is, of course, important to note that many police officers are decent people—I know several that I have met through running and gaming. Not surprisingly, young black men look at the police differently than white folks and the dynamic between young black men and police is often a rather bad one. I had indirect experience with this years ago. I was training for the Columbus marathon with a fellow grad student who is African American. While running through a neighborhood on the course, we were stopped by a cop who inquired what we “boys” were doing. Not wanting to be arrested or shot so close to the big race, I reigned in my pride and engaged my diplomatic skills while my friend stood in silent anger. I vividly remember that this was the first time in my white life that I was afraid of a cop; it was a radically different experience than interacting with the police in my hometown in Maine. What seemed to defuse the situation was that I told the cop that we were training for the marathon and that my friend had a shot of making the US Olympic team. This appeal to patriotism worked and the cop let us go. We sped away, glad that we had not been arrested or shot for running through a fancy neighborhood.
After that incident, I was stopped by the police another time while running and then again while biking, although I was doing nothing wrong. I recall feeling the calm that washes away fear that I feel when I was fighting in tae kwon do matches; I understood that I could arbitrarily be shot.
From these incredibly limited experiences, I can only imagine what it would be like to be subject to police attention regularly. Once again, to be fair to the police, I have also had many positive experiences with officers, and it would be unjust to sweepingly condemn all police because of the actions of some. However, there is clearly a serious moral problem in America.
Another obvious part of the answer is the philosophy of order held by many in power. While perhaps not familiar with Hobbes, they tend to operate in accord with his view of order and morality. Trump has made this clear when he said that the only limits he recognizes are his own mind and morality (which is terrifying as both are corrupt). The practical application of this view is that force is the primary (sometimes sole) tool in their toolbox. The most visual manifestation of this is the militarization of the police: even small-town police forces have combat gear and sometimes even armored vehicles. As Thoreau noted, “thus the state never intentionally confronts a man’s sense, intellectual or moral, but only his body, his senses. It is not armed with superior with or honesty, but with superior physical strength.” That this approach leads to violence is hardly surprising.
When the context of race is combined with a philosophy of force, it is hardly a surprise that violence and death are all too often the results. As such, even if an officer was justified in their individual actions, they were taken in a context that is fundamentally morally flawed. The situation should (morally) not arise.
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