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Ethical issues in law enforcement
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Devlin raises two theses that illicit a response from Hart. The first is the Moderate (Disintegration) thesis which claims that a shared morality is the cement of society and necessary to its continued existence. Additionally, the thesis supports that threats to society are to be justifiably punished in order to prevent the disintegration of society. The second thesis raised by Devlin, the Extreme (Conservative) thesis, states that a society is more than justified but rather entitled to preserve its values and ways of life. I would like to clarify that within this context Devlin is focusing on criminal law specifically, but even so, connections can still be drawn between his arguments and the statements used to support the 1984 National Organ
Aaron H. Devor argues in his essay “Becoming Members of Society: Learning the Social Meanings of Gender” the gender roles casted by society help shape the definition of gender and that society’s norms aren’t necessarily correct. In America, the two traditional categories for gender are male and female (109). He claims that gender is taught through their culture’s social definitions of gender; children see themselves in terms they have learned from the people around them (110). To support this claim, he introduces the “I”, “me” and “self”; the “I” forms a self-image to oneself as distinctive while the “me” allows one to fit into social norms (111). Together, they form the “self” that allows one to oversee and remove any behavior that is unacceptable
Nye, Howard. PHIL 250 B1, Winter Term 2014 Lecture Notes – Ethics. University of Alberta.
Cramer, Clayton. "Madness, Deinstitutionalization & Murder." The Federalist Society, 17 May 2012. Web. 02 Dec. 2013.
For the purpose of this paper, the most intriguing point about this is what Boudreau further argues in his book, which is that these formal judicial incentives contradict the rule of law by propagating already existing socio-economic inequalities as well as inequalities within class, gender and ethnic relations (p.8). In the following essay I will discuss Michael Boudreau’s argument and his ability to accurately and sufficiently demonstrate the existence of this contradiction in the rule of law within the city of Halifax from the years of 1915 to 1935. I will do this by analysing the effectiveness of demonstrating what I took to be the premises behind his argument which is as follows. That in interwar Halifax, to respond to increased criminality brought about by a prompt shift in modernity, the city required the justice system and the rule of law to function without due
... crime and deviance differently. This is why left and right realism have formed a general consensus that influence politicians as to what laws may help deter criminal behaviour and to what support is needed for struggling families via government initiative. For example if a community has been affected by crime offering them some form of social justice and support they would be less likely to commit crime themselves as a form of revenge. The government’s policies on criminal behaviour and victim support are reflected through some of the main theories and beliefs of realism.
As Nils Christie argued, crime is a property of the state (2004). As such, it can be defined by the same systems of ideals which influence the state. Crime statistics, which refer to a category of human acts that society view as deviant, can consequently be argued to be without objectivity (Dorling and Simpson, 1999). The statistics they provide are thus arguably not exact. To a certain extent one could infer they are reflections of society, of those who present the data and most importantly of those who accumulate it. The facts themselves become a socially constructed foundation for social knowledge, which inevitably become subjective. This essay aims to discuss how ideological biases within the Police and to a certain extent the media are reflected in the crime statistics.
Works Cited for: Orwell, George. 1984. The 'Standard' of the ' London: Penguin Books, 2008. Print. The.
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
While the society in Brave New World refrains from lethal methods of repression, the government in George Orwell’s 1984 build their power off of fear. Throughout the novel, the government holds daily gatherings in which citizens are shown the enemies of state and is always ended with the phrase “Big Brother is watching you” (Orwell et al). This alone demonstrates the government’s implementation of fear on its own people. The notion that the government is monitoring your every move creates an atmosphere of anxiety and oppression. Not only by displaying their ability to monitor their citizens, the government uses aggressive and almost always lethal methods to rid society of nonconformists. For “criminals”, or enemies of the state, ...
...ens should have more faith in the established institution’s ability to deliver justice over that of a vigilante serial killer, but for many, that is not the case. Second, Darkly Dreaming Dexter demonstrates that there is not as clear of a barrier between what is morally right and wrong as North American society sometimes believes, seeing as murder, which is usually regarded as undeniably wrong, can sometimes be justified and placed in the spectrum of acceptable behaviour. Blindly dividing actions up into right and wrong, then, is not only irresponsible, but also dangerous, as it can lead individuals to inappropriately oversimplify complex situations. Ultimately, then, a society that unwaveringly opposes all forms violence can be just as problematic as one that condones them.
There are different principles that makeup the crime control model. For example, guilt implied, legal controls minimal, system designed to aid police, and Crime fighting is key. However one fundamental principle that has been noted is that ‘the repression of criminal conduct is by far the most important function to be performed by the criminal processes’. (Packer, 1998, p. 4). This is very important, because it gives individuals a sense of safety. Without this claim the public trust within the criminal justice process would be very little. The general belief of the public is that those that are seen as a threat to society, as well as those that fails to conform to society norms and values should be separated from the rest of society, from individuals who choose to participate fully in society. Consequently, the crime control model pro...
...rent groups’ laws, it becomes a hegemonic entity within society. Some norms are considered more important than others, and differ within societies due to cultural beliefs and historical thought. Laws are often disowned by sub ordinate classes, who may not agree with the ways laws are structured in society. (For example, in Uganda a law is currently being passed on the killing of homosexuals, which can be called an inevitable part of society with some people who believe they are ‘born gay’ ) Many people break norms in their life, but not everyone is accused of deviance which brings attention to gender, age, economic and cultural ethnic groups, which all play a role in the statistics of criminal behaviour.
The Law today is a summary of various principles from around the world from the past and the present. Early practises of law were the foundation of the law that we know and abide by today. These practises were referred to as the Classical school. Over time however, different criminologist have altered and greatly improved the early, incomplete ideas and made them more complete and practical to more modern times. This newer version is referred to as the Positivist school. This rapid change from the classical to the positivist perspective was due to the change and growth of civilization. Even though one perspective came from another, they are still different in many ways and it is evident when relating them to section 462.37, Forfeiture of Proceeds of Crime, and section 810, Sureties to keep the Peace. The Classical School of criminology’s time of dominance was between 1700 and 1800. Its conception of deviance was that deviance was a violation of the social contract. Classical theorists believed that all individuals were rational actors and they were able to act upon their own free will. A person chose to commit crimes because of greed and because they were evil. The primary instrument that could be used in regards to the classical school to control crime was to create “criminal sanctions that instil fear of punishment in those contemplating criminal acts” (Gabor 154). Classical school theorists believed the best defence was a good offence and therefore they wanted to instil so much fear into people about what would happen to them if they were to commit a crime that even those who were only thinking of committing a crime were impacted greatly. The classical school individuals operated entirely on free will and it was their ...
Crime and society are inseparable since time memorial. They are interrelated. Dating back the history, it is an undaunted fact that ever since human beings started living together commission of crime erupted” (Patel, 2011). Since the time of the Founding Fathers of the United States fought for their freedom from England, they had a vision of what the United States could be. To ensure their vision would come to fruition they developed the Constitution as well as a Bill of Rights to ensure the people had rights that could not be taken from them. To bring social order to the communities the government then implemented laws to ensure there would be punishments for the actions of the citizens. Over time society has also determined a sense of morality and these morals change determined by the culture of the area that one may come from. America is a melting pot of many different cultures, nationalities, religions, and people. With in these different demographics of the nation the morals and values that some may consider the “unwritten laws” of the land will change. One must now determine when these laws that imposed by the government and also their culture, what is crime. Some would say that any violation of either laws would be considered criminal activity, while others would say that defiance of only the laws of the government is criminal activity. Who is correct? Does it have to be one or the
Justice is the first virtue of Social institutions. Each person possesses an inviolability founded on justice that even the welfare of society as a whole cannot override. For this reason justice denies that the loss of freedom for some is made right by a greater good shared by others. It does not allow that sacrifices imposed on a few are outweighed by the larger sum of advantages enjoyed by many. (Rawls, 1971)