...Theory of Justice Analysis Michael Lemke 532 February 20, 2012 Scott Schoellkopf Theory of Justice Analysis People need to know what crime analysis is to ensure that the current justice analysis is in place to discuss the theory of justice. An emerging field in law enforcement is crime analysis. A criminal justice agency new to criminal analysis may have difficulties in determining its main focus. Crime analysis is the breaking point for people who commit acts in violation of laws. Philosophy and ethics comes into play to deal with fairness in the theory of justice analysis. This paper will begin with an explanation of some of the principles in how the theories differ from traditional utilitarianism. The second part of this paper will continue with the explanation of how modern criminal justice agencies and other entities define justice. This paper will conclude with how security defines justice. The state of nature from the political theorists of Hobbes, Locke, and Rousseau states that men were under the assumption of only thinking about themselves, and they did dedicate themselves to their own interests. “Hobbes proposed an autocracy that protects its citizens through its very existence, leaving them no enforceable rights; Locke advanced a liberal regime in which life, liberty, and property are kept safe from governmental discretion, as they are seen as natural human characters; and Rousseau saw politics itself as a remedy for the discontents of private...
Words: 1478 - Pages: 6
...Job Discrimination: Its Nature * Discrimination in its root meaning refers to the act of distinguishing one object from another. * In modern usage, the term refers to "wrongful discrimination," or distinguishing among people on the basis of prejudice instead of individual merit. * Discrimination in employment involves three basic elements: * It must be a decision not based on individual merit. * The decision must derive from racial or sexual prejudice. * The decision must have a harmful impact on the interest of employees Forms of Discrimination: Intentional and Institutional Aspects * Discriminatory acts can be categorized according to the extent to which they are intentional and institutionalized. * An act may be part of the isolated behavior of an individual: * Intentionally discriminates based on personal prejudice. * An act may be part of the routine, institutionalized behavior of a group. * The act must intentionally discriminate out of personal prejudice. * An act may be part of the isolated behavior of a single individual who unintentionally discriminates because he or she uncritically adopts the practices and stereotypes of his or her society * An act may be part of the systematic routine of a group that unintentionally discriminates because group members uncritically incorporate the discriminatory practices of society. Discrimination: Its Extent * Discrimination exists when a...
Words: 1388 - Pages: 6
...think that Utilitarianism provides the foundation for Justice and why does Rawls reject it? Introduction The concept of utilitarianism is one that has engulfed the philosophical arena with an obscene number of arguments that support and/or criticize it. Generally, utilitarianism is a theory in normative ethics that defines an action as one that ensures maximum utility. Other schools of thought would like to put it as the concept of “maximizing happiness while reducing suffering” (Mills 3).In as much as utilitarianism has continued to receive applause from people and the political scene, other divergent scholars has come up with other theories that seek to compromise the philosophies under which the concept of utilitarianism operates. As a result, utilitarianism has become subject to contradictions from other theories in the field of ethics. The thinking class in other fields of utilitarianism characterizes in as a quantitative yet reductionist approach to ethics (Mills 3). Over time, the concept of utilitarianism has received ideological threats from; deontological ethics which does not assign moral worth to an action based on its consequences, virtue ethics that solely deals with action and habits that results to happiness, pragmatic ethics and other forms of ethics that backs the idea of consequentialism. In a nut shell, the concept of utilitarianism as defined by political philosophers and in relation to justice is becoming a “battlefield” where the philosophical bigwigs...
Words: 3508 - Pages: 15
...” discusses whether Muslims show any systematic differences on individual and country levels in various issues such as democracy, large scale violence, corruption, tolerance and social inequality. In terms of inequality, Fish compares Muslim and non- Muslim countries in relation to gender and income inequality. As a result of his data analyses he concludes: “On gender based inequality Muslims lag; on income inequality they lead” (Fish, 2011: 228). I consider the finding about income inequality as an unexpected one because in the income inequality literature, religion in general and Islam in specific are not commonly considered as potential determinants. Fish`s proposed causal mechanism makes his study even more suspicious because his references are anecdotal and his reasoning is culturalist. This is why, I decided to investigate his findings deeper and conduct a test on his claims that Muslims are culturally more egalitarian than Christians. The plan of this paper works in the following way: I will start with a literature review and continue with a brief summary of Fish`s data analysis and his major claims about the causal mechanism behind the relationship between Muslim culture and egalitarian state policies. Afterwards, I will continue with my alternative replication of Fish`s regression analysis with a different dataset which measures inequality in an alternative way. Then, I will introduce my test in relation to one part of his causal mechanism and attempt to answer the...
Words: 5647 - Pages: 23
...about the nature of these differences and how the races respond to various arguments against the penalty. To explore such differences, we embedded an experiment in a national survey in which respondents are randomly assigned to one of several argument conditions. We find that African Americans are more responsive to argument frames that are both racial (i.e., the death penalty is unfair because most of the people who are executed are black) and nonracial (i.e., too many innocent people are being executed) than are whites, who are highly resistant to persuasion and, in the case of the racial argument, actually become more supportive of the death penalty upon learning that it discriminates against blacks. These interracial differences in response to the framing of arguments against the death penalty can be explained, in part, by the degree to which people attribute the causes of black criminality to either dispositional or systemic forces (i.e., the racial biases of the criminal justice system). he conventional wisdom on public opinion toward the death penalty in the United States, as summarized nicely by Ellsworth and Gross, is that people “feel strongly about the death penalty, know little about it, and feel no need to know more” (1994, 19). As a consequence of these feelings, the authors argue, attitudes tend to be relatively crystallized and, therefore, unresponsive to question phrasing or arguments that are contrary to an individual’s belief. We must wonder, then, why views...
Words: 12321 - Pages: 50
...Mill are philosophers who addressed the issues of morality in terms of how moral customs are formed. Immanuel Kant presented one perspective in The Groundwork of the Metaphysics of Morals that is founded on his belief that the worth of man is inherent in his skill to reason. John Stuart Mill holds another belief as presented in the book, Utilitarianism, which is seemingly conflicting with the thoughts of Kant. What is most unique about the ethics of morality is the idea of responsibilities to particular individuals. According to both Mill and Kant, moral obligations are not fundamentally particularistic because they are rooted in universal moral principles. Both philosophers have made great impacts in their niche areas in the field. An analysis of their theories may help develop a better understanding of them and their theories. Mill holds an empiricist theory while Kant holds a rationalist theory. Kant explains morality through forms that he believes are essential to free and sensible judgment. Mill’s utilitarian approach is a form of consequential theory because the rightness or wrongness of an act is determined by the outcomes. Kant’s ethics of duty is the foundation for his categorical imperative, which gives the basis for his universal duty based theory. Mill’s theory of utilitarianism is the main structure of consequentialism. John Stuart Mill, who made utilitarianism the subject of one of...
Words: 2175 - Pages: 9
...Washburn approaches capitalism from its two binary perspectives. The pro-capitalist posits that capitalism “moves on two tracks, the economic track and the political track” (Washburn, 155). They remark that the economic track allows people to be free and independent, while the political track is democratic, giving people an equal voice. They define justice as “being fair” and that it is giving people “what they have earned or merited” (Washburn, 155). Because capitalism rewards people for their individual contribution to society, the inequalities present in the economic track must be just. However, the pro-socialist disagrees because capitalism is based on profit. The pro-socialist says profit is “lying” and tricking others to pay more money...
Words: 1696 - Pages: 7
...society by confining individuals of dangerous population for the purpose of social control. However, this risk-focused view of prison’s functionality is limited, as it lacks understanding of the imprisonment of vulnerable groups, since Actuarialism overlooks the cultural factors outside risk-calculations....
Words: 1053 - Pages: 5
...Business Ethics Concepts & Cases Manuel G. Velasquez ABSTRACT Summary of the main points of the first two chapters in the book. The remaining chapters are application of the concepts summarized as relating to political forms of government and market systems. These further chapters are less relevant to the DBA class that this summary was prepared for. Chapter 1 – Ethics & Business Ethics is the principles of conduct governing an individual or a group. It is the study of morality. Morality are the standards that an individual or group has about what is right and wrong, or good and evil. Moral norms can usually be expressed as general rules or statements, such as “Always tell the truth”. Moral values can usually be expressed as statements describing objects or features of objects that have worth, such as “Honesty is good” and “Injustice is bad”. Five characteristics can help pin down the nature of moral standards. 1. Moral standards deal with matters that we think can seriously injure or seriously benefit human beings. 2. Moral standards are not established or changed by the decisions of particular legislative bodies. 3. We feel that moral standards should be preferred to other values including (especially?) self-interest. 4. Moral standards are based on impartial considerations. – that is, a point of view that does not evaluate standards according to whether they advance the interests of a particular individual or group, but one that goes...
Words: 7571 - Pages: 31
...Business Ethics Concepts & Cases Manuel G. Velasquez ABSTRACT Summary of the main points of the first two chapters in the book. The remaining chapters are application of the concepts summarized as relating to political forms of government and market systems. These further chapters are less relevant to the DBA class that this summary was prepared for. Chapter 1 – Ethics & Business Ethics is the principles of conduct governing an individual or a group. It is the study of morality. Morality are the standards that an individual or group has about what is right and wrong, or good and evil. Moral norms can usually be expressed as general rules or statements, such as “Always tell the truth”. Moral values can usually be expressed as statements describing objects or features of objects that have worth, such as “Honesty is good” and “Injustice is bad”. Five characteristics can help pin down the nature of moral standards. 1. Moral standards deal with matters that we think can seriously injure or seriously benefit human beings. 2. Moral standards are not established or changed by the decisions of particular legislative bodies. 3. We feel that moral standards should be preferred to other values including (especially?) self-interest. 4. Moral standards are based on impartial considerations. – that is, a point of view that does not evaluate standards according to whether they advance the interests of a particular individual or group,...
Words: 7505 - Pages: 31
...Justice in the workplace: Why it is important and why a new public policy initiative is needed Provocation Series Volume 2 Number 3 Professor Paul Edwards FBA, Industrial Relations Research Unit, Warwick Business School and Senior Fellow, Advanced Institute of Management Research Justice in the workplace Contents Executive summary 3 Introduction 6 Job quality and limited success in dealing with it 8 The proposals: building workplace justice 13 Workplace justice 19 Limits to legally based solutions 24 Labour market and employer-led changes 27 Constraints and possibilities 31 Concluding remarks 39 References 42 Notes 45 Acknowledgements The help and encouragement of Keith Sisson have been crucial to the production of this paper, which is a completely revised version of the 2005 Annual Employment Relations Lecture, Keele University. I am grateful to colleagues at Keele and to the audience there, and also to David Coats and Paul Marginson, for comments and suggestions. I take sole responsibility for the views expressed. 2 Justice in the workplace Executive summary The goal of improving fairness in the workplace has been central to UK public policy since 1997. For rather longer, companies have spoken of employee empowerment through such things as teamwork. Much has been done in both areas, but major concerns remain. In relation to fairness, employee rights give entitlements, but these rights also need to be meaningful and effective. In the workplace,...
Words: 15329 - Pages: 62
...Final: Capital Punishment a just social problem SOC 203 Intro to Social Problems The debate of capital punishment will always generate passion, it is one of the most debated issues in the Criminal Justice system. The absence of capital punishment would prove a greater problem for the sake of society. Many opponents will argue the death penalty should be abolished, they fail to offer up any comparable alternatives for the crime for murder. It is a harsh punishment but, in all fairness, the punishment fits the crime. Capital punishment does what the name suggests: it punishes and it removes the notion that one can kill and get away with it. It serves as a deterrent for those contemplating murder and in the end, it brings justice. Capital punishment defends the sanctity of life and until we evolve to the place where murders are no longer a part of our society, we must punish this crime fairly. To know we have removed a murdering criminal from the street is a relief thankful to deterrence of violent crime, retribution, Christianity, and innocence. One argument for the death penalty is the fact that it deters crime. Those enticed by killing someone might think twice if they know their life will be taken as a consequence. Joanna Shepherd explores the history of capital punishment and explains that while many studies produced mixed results, modern economic studies reveal executions “significantly deter murders” (Shepherd). In addition, Wesley Lowe reports when the death penalty...
Words: 1896 - Pages: 8
...and provide an evaluation and critique of those perspectives. It will culminate in a defense of its own thesis. Possible topics include: • The history, functions, and uses of one of the various “technical barriers” • Scope and limits of the presidential power to pardon • Federalism as a value in the Warren and post-Warren Supreme Court • Federalism as a constitutional concept in the Rehnquist Court • How far did the Rehnquist Revolution in federalism go? • The constitutional status of the War Powers Act (1973) • The concept of Executive Privilege • Are there limits to the Court’s recent “takings clause” jurisprudence? • The impact of I.N.S. v. Chadha (1983) • An analysis of the contemporary understanding and constitutional significance of (a) the reversal of New Deal legislation by the Supreme Court, or (b) the Court Pack Scheme of F.D.R. • Congressional attempts to restrict the jurisdiction of the federal courts...
Words: 3165 - Pages: 13
...CHAPTER SUMMARY – CHAPTER 1 – ETHICS IN THE WORLD OF BUSINESS Frequently, the ethically correct course of action is clear, and people in business act accordingly. Exceptions occur when there is uncertainty about ethical obligations in particular situations or when considerations of ethics come into conflict with the practical demands of business. In deciding on an ethical course of action, we can rely to some extent on the rules of right conduct that we employ in everyday life. However, business activity also has some features that might limit the applicability of our ordinary ethical views. One distinguishing feature of business is its economic character which can be summarized as the conduct of buyers and seller and employers and employees. A second distinguishing feature of business is that it typically takes place in organizations which is a hierarchical system of functionally defined positions designed to achieve some goal or set of goals. Because business involves economic relations and transactions that take place in markets and also in organizations, it raises ethical issues for which the ethics of everyday life has not prepared us. Decisions making occurs on several distinct levels: the level of the individual, the organization, and the business system. The level of the individual represents situations that confront them in the workplace and require them to make a decision about their own well-being. The level of the organization can be identified...
Words: 8804 - Pages: 36
...disputes. In recent years, several Supreme Court Justices of the U.S have looked to the decisions of foreign and international courts for guidance in interpreting the U.S. Constitution. This practice...
Words: 1314 - Pages: 6
