Law Enforcement in an Unjust Society

The problem of crime under conditions of social injustice raises difficult problems for any philosophy of criminal justice. This paper takes up the problem of law enforcement under unjust conditions and probes the limits of the legitimacy of a criminal justice system. Social institutions that do not treat members of society as equals lack democratic authority. This restricts the legitimate scope of law enforcement by limiting available moral reasons for enforcing the law. The enforcement of laws against persons who commit serious moral wrongs can be morally permissible, but the expressive function of punishment must be carefully limited. The familiar blaming function of criminal sanctions is morally objectionable under conditions of social injustice. The state lacks standing to stigmatize criminal wrongdoers as blameworthy wrongdoers who deserve punishment.