Philosophers have, in their pursuit of wisdom, made attempts to answer questions about morality and what the law should reflect about human interactions. A study of the ethical theories developed by a German philosopher called Immanuel Kant reveal that he was a strict observer of the morals. This essay aims at analyzing some of his theories from the lens of international law. The study will ascertain that indeed the Kantian theories are still applicable in the modern applications of law including in the policing practices.
Kant, to begin with, is famous for his theory of categorical imperative. He intimates that every individual should only act in such a way that the act would not be rejected anywhere by anyone if it were to become a universal law. By this he informs that any act that we engage in should tally with reason and further be conceptualized as good in itself (Guthrie, n.d.). The theory, when applied to scrutinize the policing services, may look down upon the prevalent extrajudicial executions often carried out by the police. The theory will advocate for criminals who are not a threat to human life to be taken through the legal process instead of executing them. The killing of drug pushers by the government of Philippines goes against the categorical imperative because if the law permitting the killings was universalized it would not be acceptable (Berehulak, 2016). Kant also observed that for an action to be correct it should be based on duty. With this he pointed out that what one must do makes the foundations of the various duties defined. In this case, policing services should be enhanced by a sense of duty to protect law and order. Thus, by considering the greater good and making attempts to achieve it, police officers are entitled to make choices of the ethical course to follow.
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The categorical imperative, on the other hand, is open to formulation for the purpose of achieving a desired outcome (Guthrie, n.d.). Considering a hypothetical case of an armed criminal who is a threat to the police and the general public, the police will be compelled to gun down the criminal (Ortmeier, 2009). The commons good, in this case, is to save humanity from more bloodshed. Kant argues that individuals must act in such a way that they treat themselves and others as a means as well as an end. By pointing out that people cannot be taken for means to an end, he argues that there is need to consider how the decisions taken may impact on the others. Unfortunately, the maxim is open to abuse since the police may make excuses or even plant a gun on an individual to justify the execution. High morals should therefore be cultivated for effective execution of Kantian theories.
References
Berehulak, D. (2016, Dec 7). They are Slaughtering us Like Animals. New York Times. Retrieved from https://www.nytimes.com/interactive/2016/12/07/world/asia/rodrigo-duterte-philippines-drugs-killings.html?_r=0 on 24/5/2017.
Guthrie, S. L. (n.d.). Immanuel Kant and the Categorical Imperative. The Examined Life On-Line Philosophy Journal, II (7), 1-9.
Ortmeier, P. J., III, E. M. (2/1/2009). Leadership, Ethics and Policing: Challenges for the 21st Century, 2nd Edition . [Bookshelf Online]. Retrieved from https://online.vitalsource.com/#/books/9781269514422 on 24/5/2017.
