This 2009 Supreme Court decision was a result of alleged racial discrimination with regard to internal promotions of nineteen New Haven, Connecticut firefighters. New Haven city officials invalidated test results when no Blacks scored high enough to meet the minimum score necessary to be eligible for promotion. Therefore, the White and Hispanic candidates that did pass with the necessary scores felt they had been discriminated against based on their race. The city decided not to certify the test results because of the disproportionate number of white candidates in comparison to minorities, and…
In this essay, I will focus on the sentence and police officers’ decision in the Paul Bernanrdo and Karla Hamolka case, both known as “The Ken and Barbie Killers”. Since I am finishing my last year in Social Sciences profile Law, Society and Justice, I am interested to work on a famous Canadian trial that affected the whole Canadian population and even the United States. The decision made by police officers was controversial and brought many debates, thus I will analyze this decision under two ethical theories and determine whether they were right or wrong. For my analysis, I will use the Utilitarianism Ethics and Kantian Ethics. These two theories of ethics have different goals and understanding of rightful and wrongful actions.…
6. Citizens and parents Involvement: parents in Reggio schools are actively involved in facilitating children learning processes and improving the quality of education. People in Reggio schools believe that children, parents, and teachers form a small community where they have the right to suggest and exchange ideas to support children learning. Additionally, parental involvement is considered as a mirror that reflects children learning. Parents are given great opportunities not only to attend meetings but to also participate in a larger contexts. For example, they are encourages to take care of the nature and environment in the Reggio schools. An additional example is that parents can involve in the schools’ projects, so…
PHL 612 Philosophy of Law [Calendar Description]: What is law? What makes something a legal norm? Should citizens always obey the law? What is the relationship between law and morality? This course will explore competing theories of law, such as natural law and positivism, and touch on crucial debates over civil disobedience, purposes of punishment, and interpretation of legal texts. It will deal with contemporary controversies over the legal regulation of human behaviour, for instance in matters of sexual morality.…
The area we assessed during this Saturday afternoon was downtown Jamestown. As it could be expected there were not a lot of people out being a weekend. There are museums and theaters in honor of Lucille Ball which act as a tourist attraction. The Lucille Ball Little Theater was started in 1936 and it was where the famous actor started her career. A quick search on the internet indicates that most of the buildings were built before a long time ago and most of them are apartments with a few others being single family homes. The community is considered the lower end class where a majority of the residents are Americans of the African origin, Hispanics and Latinos. Some of the housing units are a really deplorable condition and need fixing. The community has three parks that are maintained by county officials for the residents. One of the parks has been installed with a skateboard ramp and it is right in the public library. The parks are well secured. One of the main public libraries that stand out is the Prendergast free lib which boosts of…
Source: Reprinted from The Limits of the Criminal Sanction by Herbert L. Packer, with the permission of the publishers, Stanford University Press. ( 1968 by Herbert L. Packer.…
In the context of Jurisprudence, the Separation Thesis ideology, the view of Legal positivists, asserts that while legal and moral obligation are separate and there is no necessary connection between law and morals, legal and moral obligation sometimes overlap and it may be necessary to examine the standard of rules as it relates to our obligation to obey them, although, there is no rule to obey laws. 1 Contrary to the view of Legal positivists, the natural law theory denotes that rules of law are derived from principles protecting an individual’s rights and principles of morality.2 In other words, the fundamental criteria for validity of the law is based on principles of justice and morality.3 This essay will briefly examine the origin of the Separation Thesis (the “Thesis’), analyse the Thesis with reference to H. L. A Hart’s views, present opposing views and argue that the claim of the Separation Thesis, that there is no necessary relationship between legal and moral obligation is flawed. Finally, it will provide a conclusion for the arguments set forth.…
Source: Fuller, L. (1975). The morality of law. (p. 159). New Haven, CT: Yale University Press.…
Cooter R. (1998) “Models of Morality in Law and Economics: Self-Control and Self-Improvement for the Bad Man of Holmes” Boston University Law Review Issue 78.…
For Immanuel Kant, guilt is considered a necessary condition for punishment and judicial punishment can never be used merely as a means to promote some other good for the criminal himself or civil society. He argues that, an offender must first be found to be deserving of punishment before any consideration is given to the utility of punishment for himself or his fellow citizens. In this view, utilitarian concerns can never justify the punishment of an innocent person while guilt itself demands punishment even where punishment is entirely devoid of social utility. Therefore, again we observe that the best action is the one that maximizes utility and can be applied in various ways, but most commonly relates to the maintenance of healthy emotional…
to answer how the moral law possibly gives a pure abstract form of a moral law that will…
We accredit our moral considerations to many external and internal factors. An example of an external factor is government laws because they are predetermined rules about behavior and action that have been societally deemed as morally wrong. Laws are based on sociological mores, which follow a culture’s commonly shared and widely observed moral behavior, therefore breaking a law implies going against the proper code your society. Prison also has an external influence on our decision making because it serves as a threat for the negative consequences of disobeying laws, such as the loss of our freedom. Internal factors are our own self-value and personal virtues as well as our sense of selfishness and our concerns of morality.…
In this paper I will explain Socrates’ agreement at 50 a-b of the Crito, and explain my reason why would not cause his fellow citizens harm by breaking the law. Specially I will show that people can actually create a positive. I will explain that Socrates argument and show how depends on how what the unjust causes. Then I will argue that this assumption is to be questioned under the fact that citizens are not necessarily affected by the law breakers, and that by doing something unjust can be moral.…
Victims can pursue one or even a combination of three distinct goals. The first is too see to it that hard-core offenders who act as predators are punished, The second is to use the justice process as leverage to compel lawbreakers to undergo rehabilitative treatment. The third possible aim is to get the court to order convicts to make restitution for any expenses arising from injuries and losses. Punishment is what comes to most people’s minds first, when considering what justice entails. Throughout history, people have always punished one another. However, they may disagree about their reasons for subjecting a wrongdoer to pain and suffering. Punishment is usually justified on utilitarian grounds as a necessary evil. It is argued that punishing transgressors curbs future criminality in a number of ways. The offender who experiences unpleasant consequences learns a lesson and is discouraged from breaking the law again, assuming that the logic of specific deterrence is sound. Making an example of a convicted criminal also serves as a warning to would be offenders contemplating the same act, provided that the doctrine of general deterrence really works.…
The choice theory has a substantial part to perform when contemplating the argumentation proceeding to criminal vivacity. The choice theory has its intrinsic significance while composing a plan of action for managing or decreasing crime. It is essential to recognize the theory and in what way or manner it influences the potential of an individual engaging in lawlessness and in what manner would an effort to manage crime appear supporting the choice theory. The choice theory has been brought to light from the compositions of antecedent theorists, Jeremy Bentham, and Cesare Beccaria. The affects of the choice theory determines how mankind discourages criminal activity…