Morality, Ethics and Human Behavior
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This chapter focuses on defining morals and ethics and what is included in the ômoral arenaö (Pollock-Byrne, 1989, p. 1). Morals and ethics relate to human behavior, which behavior stems from free will and free action (Pollock-Byrne, 1989, p. 2). The chapter defines morals as ôprinciples of behavior in accordance with standards of right and wrongö and ethics as ôthe philosophical study of the moral value of human conduct and the rules and principles that ought to govern itö (Pollock-Byrne, 1989, p. 4). Morals, therefore, are the ideas of right and wrong that govern behavior and ethics is the study of that behavior. The chapter also notes the difference between a teleological system of punishment, which focuses on the consequences of actions, and a deontological system, which focuses on motive and intent (Pollock-Byrne, 1989, p. 3).The chapter also notes there are cases where many writers agree the concept of morality and ethics do not apply. For example, most writers exempt both insane and young people from moral responsibility. Insane people are considered sick rather than ôbad,ö while young people are considered not yet to have reached the ôage of reason.ö Notably, many states disagree on when children reach this age and legal punishments for children differ according to states' response to this particular question. Finally, the chapter notes that laws, regulations and rules are a means of inscribing ethics and morals into society's beha
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Pollock-Byrne explores our legal systems and the ways the law functions in our society. She begins by noting the many distinctions as to the types and functions of the law, such as natural versus positive laws, or the view of the law as declarative and prohibitive (Pollock-Byrne, 1989, p. 54). In addition, she notes that criminal law seeks to punish the victim while the goal of civil law is to put the victim back into the position he or she held before the injury.
These differing views have been categorized into legal and sociological points of view. The consensus paradigm sees law as a unifying characteristic of society. This paradigm believes the law creates a ômechanical solidarityö among citizens who agree that the offenses the law punishes are inherently wrong. The conflict paradigm, on the other hand, sees the law as the tool of those in power. These theorists believe that this group controls the institutions that define crimes and then uses the definitions for its purposes (Pollock-Byrne, 1989, pp. 55-58).
The chapter also briefly covers other paradigms such as the pluralists and the social learning view, as well as the differing interpretations by liberal and conservative perspectives of the function of the law. It then c
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Approximate Word count = 1882
Approximate Pages = 8 (250 words per page)
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