In Canada there is a process to lawmaking that follows the rationalistic model — they are the functionalist view, conflict theory and the ‘moral entrepreneur’ thesis. In this essay, the rationalistic model, will at first, be explained then this paper will inform the reader to the functionalist view, the conflict perspective then the moral entrepreneur theory and what four different Canadian laws follow this theory. The essay will then, finally, explain which law is best understood with reference to the theory that it is linked to in comparison with others. The rationalistic model is used to describe that, “law (in particular, criminal laws) are created as rational means of protecting the members of society from social harm. In this perspective, …show more content…
[which] includ[es] family members, [and] spouses.” (Miller, 2014). Arguably this helps society function because the one that has taken another’s life is not making capital gain from their crime; therefore, they cannot act in such a way and expect to be rewarded from it. Also, on a social institutional level other family members and the public are, understandably, distressed over the death of the one that they lost, but if the one that caused the death of the person were to make gain it would hardly be fair on a moral and norm basis. Though there is mixed research whether there can be deterrents within the laws, this perhaps can be a deterrent as the MPs have struck down on not providing capital gain to the assailant but then again, there is can be the mentality of ‘getting away with it’ as well. Nevertheless, this follows the functionalist model of lawmaking because it reinforces a behaviour as wrong, and unproductive to societies members and institutions. The conflict perspective/theory involves how “the elite class…. use social control mechanisms …. to perpetuate their own advantageous positions in society.” (p.109). Further they can gain an “unequal access to economical goods …. resulting [in gaining capital versus someone poorer who would …show more content…
Their activities can properly be called moral enterprise, for what they are enterprising about is the creation of a new fragment of the moral constitution of society, its code of right and wrong.” (p109) This means that a group of people will go around to distinct between what is right or wrong. Arguably, Bill S-2; otherwise known as the “Incorporation by Reference in Regulations Act” is important for this theory because it can help the moral enterprise because of references. This Bill will “impose an obligation on regulation-making authorities to ensure that a document, index, rate or number that is incorporated by reference …. [though the person will] not [be held] liable [to the affect of being] found guilty of an offence or subjected to an administrative sanction for a contravention relating to a document, index, rate or number that is incorporated by reference unless certain requirements in relation to accessibility are met.” (Dechert, 2015) Further, the moral group can look at a Bill’s reference to further understand the reasoning behind it and whether they agree if it is right or not. Though the moral entrepreneur theory and the functionalist model of lawmaking can be similar is some aspects; the functionalist makes the most sense because of the reasoning why it is needed, the theory behind it wishes the reader to understand the
...to be achieved, years, decades, lifetimes, conflict is intended to fulfill this need. Ultimately, conflict theory is about the struggles, ideologies, representations, and power that the haves possess and the have-nots want to exert. These concepts come into play causing conflict between the groups which ends in social change.
Nye, Howard. PHIL 250 B1, Winter Term 2014 Lecture Notes – Ethics. University of Alberta.
The conflict approach is one that puts an emphasis on inequality and competition between social groups that leads to problems. Throughout the course of the Poor Kids documentary the conflict approach can be implemented to help explain why childhood poverty is caused. Conflict theorist can point to Brittany’s family as an example of how competition between social classes can cause poverty. Brittany’s father was working for a company that decided to scale down in order to better sustain itself during tough economic times. As a result, Brittany’s father lost his job with the company since he did not hold a high position within the company. Brittany’s family when her father had his job was not considered a high class family as far as income and luxury goes. The video did not specifically state what class family they were, but it can be inferred that they were probably a low middle class or low class family. So, because her father was not holding a high position and was not considered of high social importance, he was let go as if he was almost expendable. If he was of high social class and held a higher or more important position within the company than he probably would not have been let go. This refers back to competition between social classes (Turner). The old cliché, the rich get richer and the poor get poorer can be thought relevant in this situation. Also, the conflict approach can be applied to the part of the video in which Brittany’s dad was unsuccessful in finding a job. Her dad went online and submitted an array of applications to a multitude of different companies in hopes to get hired. Unfortunately, he didn’t hear anything back from any of the companies and was not offered a job. His lack of success in finding a job can be explained in various ways. The conflict approach would point to his social status as a key reason in why he was unsuccessful. It can said that because Brittany’s father was not of a high social class or group he wasn’t given as
The central element of calculation involves a cost benefit analysis: Pleasure versus Pain, (5) Choice, with all other conditions equal, will be directed towards the maximization of individual pleasure, (6) Choice can be controlled through the perception and understanding of the potential pain or punishment that will follow an act judged to be in violation of the social good, the social contract, (7) The state is responsible for maintaining order and preserving the common good through a system of laws (this system is the embodiment of the social contract), (8) The Swiftness, Severity, and Certainty of punishment are the key elements in understanding a law's ability to control human behavior. Classical theory, however, dominated thinking about deviance for only a short time. Positivist research on the external (social, psychological, and biological) "causes" of crime focused attention on the factors that... ... middle of paper ... ...
' The notion that punishment is needed as an example asserts that the punishment for murder, or the punishment any crime for that matter, should be employed as a deterrent and to inspire fear that will prevent others from fulfilling the said crime in the future. This illustrates a depressing and gloomy view of human nature, as being corrupt at its core and that fear remains the only thing that prevents us from committing evil acts. Rather, I believe that laws and the punishments associated with the infringement of laws are an agreement between a citizen and the society they live in about what is appropriate and agreeable behavior that protects the basic rights of all citizens and holds all citizens as equal in front of the law. Thus, if someone kills another person and the circumstances of the crime are not within the previously established laws, then the person should be held responsible regardless of whether one would kill that person if they could help it or
By definition, conflict theory basically sees the society as a pitch in which inequality thrives in order to generate conflict and change. For instance, this theory emphasizes on the purpose of coercion in generating a social order that’s often ch...
Looking at this from the different perspectives of a functionalist, symbolic interactionist, and conflict helps to show other points of view. If you were to look at this book from a functionalist’s perspective you would be looking at it from an extremely greedy aspect. A functionalist would say that their parents and society told them that only people with money were good and successful. Thus, causing you to feel like “trash” or class if you did not make a huge salary, and live a wealthy life. A symbolic interactionist would tell you that they grew up where all of their peers drove nice cars, and had large homes, so to fit in, you need to be able to buy those things. However, a person with a conflict point of view would say that it was her ongoing struggle with society, and having to defend her class, that has made her who she is today.
In contrary to its contemporary antagonist philosophical schools, who advocate the practices of humanness and the rightness and set ideal of the past, the Legalists, in their complete rejection of the traditional ethics, embraces the efficacy of political power and uphold a society of laws and punishments. As the old feudal states decayed and the smoke of endemic warfare suffused, the need for a more rational government that can afford greater centralized power so as to strengthen a state against its rival increased substantially among the Warring States. Such a rising urge necessitated the emergence of the Legalists and further predetermined the Legalists’ inherent nature – realistic, totalitarian and problem-solving – which, with the realization of its significance and duty in the stream of history, finds its hegemonic character as well.
Conflict theory could between when there are two or more groups who are experiencing social strain and when that social strain that promotes social changes. The conflict theorists argue that the two groups are competing for limited resources. To be more precise, conflict theory is defined as “groups in society are engaged in continuous power struggle for control of scarce resources” (Kendall 19). This could be seen in The Hunger Games by Suzanne Collins when majority of people in District 12 die of starvation and the children are forced to take out tesserae to help feed their families (Collins 28). According to Kendall, the conflict theory is mostly derived from Karl Marx and Frederick Engels who wrote The Communist Manifesto, and Max Weber. Marx saw society as two halves, the haves (bourgeoisies) and the have nots (Proletariat) and the conflict between classes was desired in order to encourage social change and ultimately making society a
Opposing the death penalty does not mean sympathy with convicted murderers. On the contrary, murder and manslaughter both demonstrate a lack of respect for life. For this very reason, a policy of state-authorized killings is immoral. Criminals no doubt need to be punished, but severity of punishment should have its limits, beginning with the use of human dignity. Governments that respect these limits do not use premeditated and violent homicide as an instrument of keeping the peace.
The rational choice theory comes from the classical theory which is based off of personal choice towards criminal behavior. Criminal behavior under the rational choice theory has been due to the free thinking of society and has always been because of a specific thought process of personal vendettas. For example, a jealous person may feel the need to do something physically illegal like punching another person in the face because the benefit of gratitude is worth the risk of consequence. The example above is part of the rational choice theory and the reason is because that particular person weighed the costs and benefits of their illegal action. Rational choice theory is a vision where crime is a functionality of the decision-making process of the criminal in which they weigh the costs and benefits of an illegal act in society (Siegel, 2011).
Morals, by definition, are enforced by public option with the help of media to enlighten ever problem. Becker’s focuses on how moral entrepreneurs have the responsibility to influence society to implement or sustain a norm. Political leaders consistently seek to shape civic morals by using legislations and social programs to structure social behaviour in a way that is recognised as moral standard. The two types of entrepreneurs Howard Becker used in his work; “rule creators” and Rule enforcers”. Rule creators; create the law based on one’s self-righteousness and their mission is to promote their sense of morality to society based their imitated knowledge, thereby defining and combating deviance as they presumed the goods for others. Whereas, the rule enforcers; enforce the laws created as well as maintaining peace and
Conflict theory is a theory derived from the works of Karl Marx. It enhances the role of cruelty and power in producing social order. It is the control theory that believes inequality exists because those in control of an unequal share of society’s resources actively defend their advantages. This is social control. Determining that one social class or group is more privileged then another. Control theory generally consists of four points, conflict built into society, one group becomes dominant, agreement is false, and conflict in society is desirable. Control theory suggests that each class is unequal. Lower social classes are considered to have less skill. The theory has the belief that people with high skill level will receive a higher return and people with lower skill level will get less.
William O. Douglas said, "Common sense often makes good law." Well that is what laws essentially are, rules and regulations that make sure common sense is followed. One could even say that laws are enforced ethics. Laws serve several roles and functions in business and society, and this paper will discuss those roles and functions.
Early criminologists, of the late 18th century, believed that everyone had the ability to make rational choices. Therefore, their theory was that if a rational