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Critics of john stuart mill on utilitarianism
Comparing and contrasting in Battered woman syndrome
Utilitarianism on crime
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There’s a point in many people’s lives where they cannot bear to live with the pain they suffer; doing anything to stop it. On the other hand, there are some people who take their decisions too far because of their suffering. Angelique Lyn Lavallee was a young woman in her early twenties who made a choice many women wouldn’t consider. Lavallee was in a relationship with her common law partner Kevin Rust, a twenty four year old male. Their relationship, instead of compassion, was filled with constant and various forms of abuse. The abuse of the relationship went on for a very long time. Lavallee was never able to defend herself. Rust was just way too strong for her to defeat, until the day she won. On October 31st, 1986, was the day Rust and …show more content…
Lavallee hosted a party and Rust threatened her about the abuse she was going to get once everyone left. In this process, Rust also gave Lavallee a .303 calibre shotgun.
Lavallee was frightened, and did not know what would happen next. At that point Lavallee made the “kill or be killed” decision. Rust was leaving and Lavallee fired two shots, one did not hit him and the second shot hit Rust in the back of the head. Lavallee was then charged with second degree murder, but it was argued in her trial that she carried this out in self defense. Expert witness Dr. Fred Shane informed the court that Lavallee suffered from “Battered Wife Syndrome”; results from a woman who suffers emotional and physical from the abuse from their partners. Lavallee’s verdict at Manitoba’s Queen Bench was an acquittal. The decision was overturned by the Manitoba’s court of Appeals because they believed the expert testimony given by Dr. Fred Shane shouldn’t be admissible. The Supreme Court of Canada appealed this case again upholding the original verdict because without the expert testimony; it would be impossible for a jury to appreciate Lavallee’s position and mindset without understanding Battered Woman Syndrome (Lavallee Summary, …show more content…
2014) I firmly agree with the verdict in Lavallee’s case.
Lavallee was suffering from “Battered Wife Syndrome”. Lavallee was under pressure and feared that Rust was going to kill her that day. Rust abused Lavallee emotionally, sexually, mentally and physically; to her, there was no other option to stop him other than shooting him. John Stuart Mill and his theory of Utilitarianism, supports this. Mill says that “an action may maximize the good in the world and yet be unjust in the way in which it distributes it” (Perez & Moore 2013). Yes, Lavallee did shoot Rust in the back of the head but, Mill would say that her actions were good because Rust wasn’t a good person, he was the evil. Even though it may seem horrible for Lavallee to have shot Rust, Mill would say its right because it’s eliminating an evil. “The small action of doing good can create the greatest amount of good for the greatest amount of people1” (Perez & Moore 2013). More importantly, by Lavallee shooting Rust, he would not be able to abuse any other women like he did to Lavallee. Act Utilitarianism applies because Lavallee wanted individual happiness. John Stuart Mill says “solving a person’s immediate problem would be in the best interests of the community at large” (Perez & Moore 2013). By removing Rust from her life forever he would no longer be able to further cause pain, therefore bringing her
happiness. Immanuel Kant’s theory on Ethical Formalism would oppose Utilitarianism. Kant says “that there should be equal treatment of similarly situated people” (Perez & Moore 2013). With the court acquitting the charges against Lavallee it would not be fair. What would happen to other women who also choose to kill their partners? Kant would not agree that they should all be acquitted for self-defense, and because of that it wouldn’t be fair if Lavallee was as well. No court could make the same verdict for all cases similar to Lavallee’s because it just simply wouldn’t be fair. The Kantian would have probably wanted Lavallee’s verdict to be the charge of second degree murder. Both theorist John Stuart Mill and Immanuel Kant have very strong points relating to their theories of Utilitarianism and Ethical Formalism in regards to the verdict of the Lavallee case. Personally, I agree with the verdict because Lavallee did the best thing by eliminating the person who harmed her emotionally, mentally and physically. Lavallee was set free from a horrible relationship; freeing her from future strain. Although the Kantian would disagree with my perspective because the same outcome cannot be given to all in Lavallee’s position, Utilitarianism agrees with me because Rusts’ death was for Lavallee’s greater good.
Therefore, this case plays on the idea that, when an individual feels his or her life to be in danger, self-defence is accurate. In the case of Ms. Lavallee, both reasonableness and ethics were questioned. Since Ms. Lavallee is a victim of battered woman syndrome, when she pulls the trigger at that life-threatening moment, cannot be understood except in terms of the cumulative effect of months or years of being brutally abused. Overall, this case is an exceptional example of how self-defence comes to play within the criminal justice system. It is important for the law to revaluate cases for a better understanding of the balance of inclination over pain. For instance, although Lavallee was thinking that her life was in danger with action she committed, there is reason and story behind her crime. When the case is viewed from this perspective, it becomes clear that the battered woman’s knowledge of her partner’s violence was so profound that she knows the extent and nature of the violence beforehand, which allowed her to determine that this time it was different, and would probably result in life threatening
Jasmine Beckford’s case is the oldest out of the three; in 1984 Jasmine died as a result of long-term abuse aged 4. In 1981 her and her younger sister suffered serious injuries and were paced with foster carers for six months. After this they were allowed back home with their mother on a trial basis as social services were meant to support them. During the last ten months of Jasmine’s life she was only seen once by social workers (Corby, 2006).
According to the FBI, more than 75 percent of all murder victims are women, and more than 50 percent of the women are between the ages of 14 and 29 years old. A part of that statistic is Kitty Genovese,a murder victim who is the focus of an editorial, “The Dying Girl that No One Helped,” written by Loudon Wainwright. Kitty was a 28 year old woman who was brutally stabbed to death while on her way home from work. The woman, named Kitty Genovese, lived in a pleasant, welcoming, residential area, in New York. There was at least 38 witnesses that came forward, and they all heard her cries for help, but no one came to her aid. Wainwright effectively demonstrates how society has started turning a “blind-eye” toward problems that can endanger someone's
In conclusion, Mrs. Barrett suffered from many years of abuse from her husband. She finally snapped and shot Mr. Barrett, killing him. She did this because in self- defense and beyond reasonable doubt that he would have killed her. She also should be able to claim Battered Woman 's Syndrome because she went through the stages of abuse and meets the qualifications of a battered woman described in Leslie McGuire’s book. In the end, Mrs. Barrett should have Leslie McGuire testify because she is very experienced and widely known, she has heard and counseled people in over 300 cases. . She is a reliable person with good intentions and will only help the case. I hope that you make the right decision today, Thank you.
Accordingly, would it be fair to condemn her if her future mirrored that of her mothers? I would assume Sonia Sanchez to respond with a simple, “No.” Nevertheless, the practice of blaming or criminalizing victims occurs far more often then we would like to imagine. Indeed, minority group testimony is continually devalued, victims of abuse and assault are systematically silenced, and the egregiously common reality of trauma survivors is often
Most of the case law involving female offenders depend on the Supreme Court of Canada's verdict in Lavallee, which accepted proof that an offender had encountered violence elicited by the victim, , Battered Woman Syndrome (BWS), as applicable to the problem of self-defense. In the Lavallee case, proof was disclosed demonstrating that the offender had been exposed to years of abuse owing to the victim, and she was acquitted of murder because she had acted in self-defense.
When Deborah was only sixteen she became pregnant with her first child by Cheetah and boy she liked when she was younger. Cheetah and Deborah got married and then had their second child. Deborah became very unhappy in the marriage because Cheetah started drinking and doing drugs. He started abusing Deborah. Cheetah pushed Deborah so much she almost killed him if it wasn’t for Bobbette. Deborah’s brothers Sonny and Lawrence were doing well except for Joe. Joe was another case. Joe went to the military, and the family was hoping that would do him good; but he came out worse than when he went in. Joe was threatened and beaten up by a boy named Ivy. Joe was in so much rage he went and stabbed him and killed him. Joe eventually turned himself in to the law, was convicted of second degree murder and sentenced fifteen years in prison.
The article is predominantly a court dialogue of the Bradley’s and any witnesses about the alleged abuse from Mr. Bradley against Mrs. Bradley. Providing pictures of strangulation marks, blackened eyes, and witnessed whom Mr. Bradley threatened and or harassed, Mr. Bradley found a rebuttal for each of the claims. The answers that Mrs. Bradley provided Judge for his questions showed how hard it was for her to leave her husband, how scared she and her family were. This article also provides information about voicemails Mr. Bradley left her parents threatening to kill their daughter if they didn’t send her back to his home. The article discusses in detail their treacherous relationship and Mrs. Bradley’s death. The article is from a periodical and was not peer reviewed, however the article is a dialogue from court with no personal opinion from the author. I believe this to be my strongest
“The Day It Happened,” written by Rosario Morales, is a brave and strong story about a woman named Josie who once was madly in love with her husband Ramon in spite of being physically abused by him. Josie’s neighbors noticed the domestic violence, helping her create a friendship bond between them. The neighbors became a type of support group to her, like many woman have in today’s society, helping her gain strength to leave Ramon for their future child’s safety. Sadly, women today still struggle in search for strength and courage that Josie gained. It is estimated at least 1.8 million women are physically abused in a relationships every year (Strube, Barbour 785). Throughout multiple researches, many people do not have a specific answer of
There were some moral problems that Mill ran into with his principle. One of the first problems was that actions are right to promote happiness, but wrong as they sometimes tend to produce unhappiness. By moving a victim from a mangled car would be the noble thing to do but what if pulling him from the wreck meant killing him. He intended to produce a happy outcome, but in the end he created an unhappy situation. Utilitarianism declares that men can live just as well without happiness. Mill says yes, but men do not conduct their lives, always seeking happiness. Happiness does not always mean total bliss.
John Stuart Mill’s utilitarian belief that the moral thing to do is that which creates the greatest amount of happiness to greatest number of people, as well as, Immanuel Kant’s belief that murder is always morally wrong. In Rescue II, where the one individual is trapped on the path leading to the party of the five that need to be rescued; John Stuart Mill would suggest running over the one individual to save the party of five. His belief that saving the party of five would create the greatest amount of happiness to the greatest number people or vice versa; that saving the party of five would create the least amount of suffering to the least amount of people is absurd. While John Stuart Mill has a great point with his views; this is still considered murder and or killing. Murder is defined as the unlawful killing of one human being by another; and according to Immanuel Kant, the majority of the population, and the laws it is morally wrong. I concur that Immanuel Kant’s belief that murder is morally wrong. Kant says “I cannot, therefore, dispose in any way of a man in my own person so as to mutilate him, to damage or kill him” (Kant). This statement does in fact coincide with one of universal law. In no way, shape, or form would it be acceptable to murder one individual to save the lives of the party of five. Making the choice to prioritize the value of one individual’s life over
John Stuart Mill argues that the rightness or wrongness of an action, or type of action, is a function of the goodness or badness of its consequences, where good consequences are ones that maximize the greatest amount of happiness for the greatest number of people. In this essay I will evaluate the essential features of Mill’s ethical theory, how that utilitarianism gives wrong answers to moral questions and partiality are damaging to Utilitarianism.
When faced with a life altering situation although Molly’s characteristics and personality aid her in courageously defying them, the effects of facing this traumatic event will lead to long term psychological repercussions. When severe harm is inflicted on a person’s psyche, it is viewed as an emotional trauma (Levers, 2012). The emotional harm inflicted on Molly’s psyche originates from different dimensions; like her upbringing, her trauma is multidimensional too. As a child of the Indigenous community, whose ancestors and elders were killed violently in inter-group conflicts, and whose children were forcefully removed from families, Molly is would experience intergenerational trauma (Atkinson, 2002). Intergenerational trauma is trauma passed down from one generation to another; as a close knitted community group, the grief experienced by family members of losing their loved ones, would have been transferred across generations (Atkinson,
Utilitarianism is a reality, not just a theory like many other philosophies; it is practiced every day, for instance the vote system. This ongoing practice of utilitarianism in society has show that it is flawed. Just because the masses vote for something, doesn’t make it right. The masses can be fooled, as in Nazi Germany for example, thousands of people were behind Hitler even though his actions were undeniably evil. Utilitarianism is a logical system, but it requires some sort of basic, firm rules to prevent such gross injustices, violations of human rights, and just obviously wrong thing ever being allowed. This could be the ‘harm principle’ which Mill devised.
Utilitarianism is the view that the sole, ultimate standard of right and wrong is the principle of utility (Perez & Moore, pg. 135). There are two types of utilitarianism that describe the case of Robert Latimer. The Rule Utilitarianism focuses on the good of the entire community/society (Perez & Moore, pg. 140). For instance, in this situation there are some positive perspectives to ending Tracy’s life in the rule of utilitarianism. It makes calculation of good versus evil that relates to long term outcome and focuses on the best interest of the majority. Such as, freeing up resources for other individuals and less misery for the family. Act Utilitarianism focuses on individual happiness (Perez & Moore, pg. 140). For instance, in this concept the positive thing to ending Tracy’s life is taking her