The police system in Taiwan always puts emphasis on the concept of the “rule by laws” in the grassroots’ police law enforcement. The concept of the “rule by laws” is based on the narrow sense positivism- “detachable proposition”, which separates “laws” and “ethics” and holds that it splits “laws”, “ethics” and “morality” based on “agnosticism in ethics”. Hence, in terms of law enforcement management, business as business, the managers just consider the lawful responsibilities occurred from the norms of the positive law and devote themselves to the heteronymous management behavior and appeal to ethical responsibility outside the law under the issue of law enforcement ethics.
This thesis, based on the legal theory, classifies the recognition of the character law faced by the police law enforcement practice into 3 categories: the rules, the principles and the moral laws, and it classifies the corresponding law enforcement operational nature also into three categories, namely the law, the ethics and the morality. Then, along the two dimensions “legality/ legitimacy” and “law awareness/ law enforcement”, and, I construct a theoretical framework of law enforcement managerial policies and define the meanings of the various terms, thus forming my systematic and operational managerial objectives.
As far as the law enforcement managerial policies are concerned, the main purpose of this thesis is to establish the understanding dependencies between managers and law enforcers based on the above-mentioned theories. Since the understanding of the law is relevant to the morality (steer conscience) of the operation, it is quite obvious that the view held by this thesis is based on the natural law. I am of the opinion that even those who hold the viewpoint of the “rule” of the law awareness from the narrow sense positivist like Hart, we still can combine the rule of recognition made by Hart and the theory of default of the “Grundnormtheorie” in Kelson effectively and make it interrelated with ethics and morality under the law enforcement theoretical structure here. And thus, I still can bring the so called “ethical responsibility” into the systematic law enforcement managerial category
In addition, in terms of managerial policies in the law principle of the principle theory, I divided it into macrocosmic and microcosmic, 2 management objectives. The former takes the law enforcement operational management of Dworkin’s spirit of the comprehensive law in the law hermeneutics as a motif. Therefore, I propose a comprehension of the ontological dimension in philosophical hermeneutics to construct a positive managerial policy in the “self-learning theory” of the “strong thesis of value involvement” toward law enforcement itself. As for the later, after checking with the character of Alexy’s teleology of utilitarianism in the principle theory, on the basis of the purpose of the operational management, I propose a viewpoint of integration of the unified utilitarian theory based on utilitarianism and eudamonimus of Aristotle. However, owing to the nature of eudamonismus of utilitarianism, it is difficult to justify the statement of Kant’s Telford consistent theory. Since Kant’s Telford consistent theory relies on the security of the religion belief, it has already broken away from the cognitive of the management activities in this thesis. Consequently, this thesis brings up another feature of tradition Confucianism, the perspective of “intellect”, as a way to show that moral laws operation must comply with the Telford consistent theory so as to be the one of the estimate of the “morality” operational basic source toward the law enforcement management for the utilitarianism of law enforcer.
At last, as for the law enforcer’s understanding of morality law enforcement operation from the moral laws of Kant’s rational natural law, from the perspective of Kant’s realistic duality, I thought Kant’s practical moral laws are nothing but a pipe dream in human’s rationality, without a basis in the authenticity of action. I propose to use the “intellect” of the moral education in Confucianism as an approach to substitute the positive managerial policies.
This thesis holds that the management of the law enforcement operation among the “laws”, the “ethics” and the “morality” eventually belongs to solving a problem of moral self-discipline in law enforcement operation. On the point of view of the Chinese natural law, all these areas related to this kind of management and policies can be dealt with by the systematic theoretical framework brought forth by this thesis.