The Potential Use of Legitimate Force for the Preservation of Order: Defining the Inherent Role of Public Police Through Policing Functions that cannot be Carried out by Private Police

Jasmina Arnež

Synopsis:
In the UK, private policing institutions have been rapidly increasing since the 1980s, so the lines between public- and private police have been blurred. This paper explores whether there is a policing function that is inherent in public police and if so, why it occupies this position. It integrates Rousseau’s social contract theory, Bittner’s definition of police functions, Brodeur’s reasoning on force and Loader and Walker’s concept of ‘policing as public good’ to argue that the potential use of legitimate force for the preservation of order is the function intrinsic to public police. It shows why it cannot and should not be carried out by private police and outlines how it depends on police legitimacy. It concludes with an abstract rethinking of public-state-police relations to determine that this function remains in the realm of public policing.

Key words:
police, role of public police, public and private policing, social contract, public good, potential use of force, order maintenance, legitimacy, accountability, United Kingdom, pre-democratic regimes.

Full text (in English): PDF

Cite as:
Arnež, Jasmina: The Potential Use of Legitimate Force for the Preservation of Order: Defining the Inherent Role of Public Police Through Policing Functions that cannot be Carried out by Private Police,
in: Zbornik znanstvenih razprav, 76 (2016), pp. 23-40, DOI: http://doi.org/10.23666/zzr201601