Introduction: Toward a Theory of the Police |
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1 | (4) |
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5 | (21) |
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Shortcomings of "Law Enforcement" and "Investigatory" Conceptions |
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6 | (1) |
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Gaps in the "Moral Rights" and "Social Peacekeeping" Conceptions |
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7 | (3) |
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Backing into the Police Role by Examining Police Practices |
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10 | (2) |
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Properly Politicizing the Language of Police Practice |
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12 | (7) |
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Reconciling the Ideal Role of the Police with Policing's Unjust Practices |
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19 | (2) |
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The Police Role and Its Implications for Coercion |
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21 | (5) |
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2 The First Power of the Police: Impartial Protection and Rescue |
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26 | (21) |
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Minimalist States as Exemplars of the State's Duty to Protect and Rescue |
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28 | (3) |
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Locke, Nozick, and Weber: From Nature to the State, from Prerogative to Duty |
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31 | (2) |
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The Duty to Protect as Deontological, Rather than Contractual or Utilitarian |
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33 | (2) |
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Active Shooters, Terrorism, and the Conflation of Police and Military Duties |
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35 | (4) |
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The Duty to Retreat Further Distinguishes Citizens from the Police |
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39 | (2) |
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Undoing the Citizen Duty to Retreat as a Devolution to the State of Nature |
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41 | (2) |
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Police Professionalism as the Means by which to Resolve the Tensions of the State |
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43 | (3) |
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Protection and Rescue as the First Civil Right |
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46 | (1) |
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3 The Second Power of the-Police: Arrest for Adjudication |
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47 | (14) |
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The Police as the Court's Extension into the World |
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48 | (4) |
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52 | (3) |
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The Shifting Ends of Exercising the Second Power |
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55 | (1) |
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The Police as Epistemologists with Uncertain Ends |
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56 | (1) |
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The Second Power of the Police as an Imprimatur to Stay |
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57 | (4) |
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4 The Third Power of the Police: Brokering and Enforcing Social Cooperation |
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61 | (28) |
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Cooperation and Public Spaces |
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63 | (2) |
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A Taxonomy of Cooperative Public Endeavors |
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65 | (2) |
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The Taxonomy's Implications for Contractualist Objections |
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67 | (3) |
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The Law as a Guide and a Framework for Social Cooperation |
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70 | (2) |
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A Pillow Fight as a Practical Example of the Value of Underdetermined Laws |
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72 | (2) |
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Brokerage versus Enforcement, and Honoring Democratic Pluralism |
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74 | (1) |
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Concerns of Class, Race, Access to Public Space, and Social Cooperation |
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75 | (2) |
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The Hazards of Informal Social Control as an Alternative to Policing |
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77 | (2) |
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Three Values Guiding Police Brokerage and Enforcement of Social Cooperation |
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79 | (1) |
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Fair Access to Public Spaces as a Social Condition of Freedom |
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80 | (2) |
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The Third Power as an Acknowledgment of a Hegelian Conception of the Police |
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82 | (5) |
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Abolitionist Theory, or How to Back into Policing without Really Trying |
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87 | (2) |
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5 Democratic Priorities, Relationships, and Tensions: Seven Cases of Policing |
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89 | (17) |
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Not Arresting Black Lives Matter Protesters Who Block Traffic during Rush Hour |
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89 | (2) |
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Reducing the Car Stops a Police Department Makes as a Way to Decrease the Negative Consequences of This Type of Enforcement for a Community |
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91 | (3) |
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Sanctuary City Policies that Explicitly Limit Police Department Cooperation with Federal Immigration Enforcement Officials |
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94 | (2) |
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A Decision Not to Voucher Condoms as Evidence When Making Prostitution Arrests |
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96 | (2) |
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Not Arresting Suspects for Prostitution When There Is Cause to Believe the Suspects Are Being Trafficked into Doing So |
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98 | (2) |
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Not Arresting Individuals in Possession of Personal-Use Quantities of Unprescribed Addiction Treatment Medication |
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100 | (1) |
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Advocating for the Redesign of Smartphones to Deter Theft |
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101 | (5) |
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6 The Bases of, and Reasons for Seeking, Police Legitimacy |
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106 | (23) |
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Legitimacy: Normative, Descriptive, Political, and Popular |
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108 | (1) |
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The Emotional and Democratic Bases of Descriptive Legitimacy |
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109 | (4) |
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Normative Legitimacy as the Natural Ground of Policing |
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113 | (1) |
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Legitimacy and the Independent Requirements of Natural Rights and Moral Duties |
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114 | (5) |
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Legitimacy, and the Government as Complainant on Behalf of the People |
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119 | (1) |
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Coakley's Critique: Legitimacy Only Matters When You Have a Good Reason to Disobey |
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119 | (1) |
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Descriptive Legitimacy in Tension with the Need for Civil Disobedience and a Duty to Resist |
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120 | (2) |
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Descriptive Legitimacy as a Moot Point: Errors in Ontology and International Experiments |
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122 | (1) |
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Distinguishing a Willingness to Obey the Law from the Authority to Enforce It |
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123 | (1) |
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The Value of Legitimacy in Times of Uncertainty |
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124 | (1) |
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The Value of Legitimacy in Securing Cooperation |
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125 | (1) |
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Legitimacy and Support for the Overall Project of Policing |
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126 | (1) |
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Popular Legitimacy Depends on Substantive Justice |
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127 | (1) |
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Returning to the Need for a Political Philosophy of Policing |
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127 | (2) |
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7 Procedural Justice in Policing Revisited |
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129 | (33) |
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Clarity about the Goals of Procedural Justice in Policing |
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130 | (2) |
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The Four Precepts of Tylerian Justice |
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132 | (1) |
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Waldron's Conception of Procedural Justice as the Foundation of the Rule of Law |
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133 | (5) |
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Procedural Justice in the Courtroom in Tension with the Tylerian Conception |
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138 | (2) |
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Tylerian Justice's Tension with Advice to Remain Silent |
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140 | (1) |
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The Law's Recognition of the Limits of Procedure in Matters of Public Safety |
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141 | (2) |
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Procedural Justice as Qualitatively Indistinguishable from Charismatic Appeal |
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143 | (3) |
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Sometimes, Tylerian Justice Does Not Affirm a Person's Dignity |
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146 | (5) |
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Procedural Justice and Other Languages of Policing: An Incommensurability Problem |
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151 | (1) |
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Tylerian Travails into the Realm of Normative Legitimacy |
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152 | (2) |
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Returning to the Pursuit of Legitimacy through Substantive Justice |
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154 | (4) |
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Conclusion: Policing as Substantive Justice that Yields Normative Legitimacy |
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158 | (4) |
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8 Policing with Public Reason |
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162 | (30) |
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The Inherent Roots of Public Reason in Policing |
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164 | (1) |
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The Idea of Public Reason as a Justificatory Method |
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165 | (5) |
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Justification through Truth or Consent, and the Alternative of Public Reason |
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170 | (4) |
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Returning to the Suitability of Public Reason in Police Transactions |
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174 | (1) |
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Civility as a Moral Duty of Public Reason |
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175 | (4) |
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Civility as a Cudgel to Suppress Dissent and Prolong Oppression |
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179 | (1) |
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Public Reason as the Best Natural Grounds for Policing, amidst Various Objections |
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180 | (5) |
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Cultivating Legitimacy by Providing the Right Reasons |
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185 | (1) |
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Public Spaces, Public Reasons, and the Limits of Statute |
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186 | (1) |
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The Limits of Public Reason |
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187 | (1) |
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Conflicts between Public Reason and Democratic Process |
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187 | (2) |
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Backing Away from Procedure and into Public Reason |
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189 | (3) |
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9 Policing Populism, Protecting Pluralism |
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192 | (11) |
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192 | (2) |
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194 | (2) |
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Democratic Policing and the Threat of Populism |
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196 | (4) |
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Conclusion: Discretion and the Ultraminimal State |
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200 | (3) |
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10 Primary Goods, Policing States in Transition, and Natural Experiments |
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203 | (19) |
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Protection, Rescue, and Primary Goods |
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204 | (2) |
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States in Transition as Natural Experiments in the Delivery of Protection and Rescue |
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206 | (2) |
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Criminal Justice as Secondary to Protection, Rescue, and Brokering Cooperation |
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208 | (1) |
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Health Care, Medicine, and Policing as Intuitively Comparable Goods |
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209 | (2) |
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Rescue, Treatment, and Policing as Conceptually Intertwined |
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211 | (1) |
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Primary Goods in the Minarchist State |
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212 | (1) |
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Policing the Least Well-off: A Reconsideration of the Difference Principle |
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213 | (2) |
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Policing as a Positive Intervention with Iatrogenic Effects |
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215 | (1) |
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Building a Police Capacity for Public Reason |
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216 | (1) |
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Conclusion: Policing, Public Health, and Justice |
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217 | (5) |
References |
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222 | (17) |
Index |
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239 | |