Summary of Utilitarianism Utilitarianism is a teleological theory as it looks at the consequences which also makes it a consequentialist theory. It focuses on the greatest good for the greatest number of people. Jeremy Bentham, one of the main ethicists that who believed in utilitarianism, believed that happiness is the greatest good. He defined happiness as pleasure minus pain. John Stuart Mill was a hedonist and accepted that happiness was of great importance and stressed that happiness is more important than pleasure.
Mr. Beccaria and other members of the Classical School fought for punishment to be set by legislative instead of judges having all of the authority for punishment. The members of the Classical School of Thought believed that preventing crime was more important than punishing the criminal. When criminals know what the punishment is going to be for the crimes that they are going to commit it will help to deter the crimes from being committed. When people do commit crimes the crime is done of their own free will. This procedure of knowing the punishment with it being severe to the
Assignment Two Incorporating Kohlberg’s Stages of Moral Development into the Justice System P Strayer University Assignment Two Incorporating Kohlberg’s Stages of Moral Development into the Justice System I think that justice is the first virtue of social institutions, as truth is of systems of thought. For instance, a theory that’s economical must be rejected or revised if it is untrue; same as laws and institutions no matter how efficient and well arranged they are, they must be reformed or abolished if they are unjust. All people possess and inviolability founded on justice that even the welfare of society as a whole cannot override. This is the reason that justice denies that the loss of freedom for some is made right by a greater good that’s shared by others. Just does not allow that the sacrifices imposed on a small amount are out weighed by the larger sum of advantages enjoyed by many.
Utilitarians fixate on this exact notion. The idea is that nothing is intrinsically right or wrong, consequences are all that matter. Utilitarians focus primarily on welfare in order to make the best decision, or rather the more just decision. It is based on maximizing pleasure and minimizing pain, in the long run. Utilitarianism emphasizes the idea of welfare as a means for justice because it primarily defers to the masses.
The state never the less has a role to play in upholding the core values & morals of a society. A Liberal approach to the criminal justice system argues that the state is not neutral, but reflects the diverse & competing interests that are evident within the community. The state & it’s institutions will respond to the pressure generated by different groups. The role of the state is to deal with the social problems as they arise, & to ensure the regulation of social competition & conflict.There is a developmental role for the state in providing for the basic welfare & educational opportunities of it’s
Durkheim argued that by having public punishments and executions for criminals, society was reminded of its shared norms and values (Bohm and Vogel, 2011, pg 70). Also, it could be argued crime and deviance can act as a safety valve, with Kingsley Davis claiming that there is a conflict between a man's instinctual need for sexual satisfaction and society's need to restrict the legitimate expression of sex to within the family. Therefore, prostitution is functional because it provides sexual satisfaction without threatening the family as an institution (Matza, 2010, pg 74). However, it is argued by Downes and Rock that suggesting functions for crime and deviance is not the same as finding an explanation for them. ‘ It is one thing to assert that crime can be made to serve some social end or other once it has occurred, for example to heighten solidarity by uniting against the offender.
Therefore, a morally right action would be one that provides more pleasure than pain to the greatest number of people. Accountability for behavior, based on the utilitarian theory, is viewed in terms of consequences; a person becomes morally responsible for their behavior if the consequences of their actions conflict with the greatest happiness principle by replacing the presence of pleasure with pain. Thus, a utilitarian would justify punishment, such as imprisonment for example, by saying that it is for the greater good to imprison a criminal because harm to a large number of people will be prevented if criminal behavior is absent. As with any case, the end would justify the means; a happier, more productive society would accomplished by punishing a criminal. Utilitarians would agree that if action seems morally unacceptable on the surface but is performed to reach an end that will provide for the greater good, then said action is justified.
Utilitarian Theories Utilitarianism Utilitarianism is a normative ethical theory that places the locus of right and wrong solely on the outcomes (consequences) of choosing one action/policy over other actions/policies. As such, it moves beyond the scope of one's own interests and takes into account the interests of others. Bentham's Principle of Utility: (1) Recognizes the fundamental role of pain and pleasure in human life, (2) approves or disapproves of an action on the basis of the amount of pain or pleasure brought about i.e, consequences, (3) equates good with pleasure and evil with pain, and (4) asserts that pleasure and pain are capable of quantification (and hence 'measure'). In measuring pleasure and pain, Bentham introduces the following criteria: INTENSITY, DURATION, CERTAINTY (or UNCERTAINTY), and its NEARNESS (or FARNESS). He also includes its "fecundity" (will more of the same follow?)
For utilitarian school of thought, an individual strives to do the most good, even at the expense of the minority. Utilitarianism and Kantianism find the basis of their differences in the idea that the ends justify the means. Utilitarian beliefs support this idea while Kantian philosophy rejects this. Modern ethics were devised from these two basic ethical beliefs in an attempt to combine the best aspects. Generally, the morally “right” action benefits the majority while affecting the fewest amount in a negative way.
Internationalist’s have a similar view to Marxists as they believe in the labelling theory, so there is no such thing as a deviant act, but social institutions create them. Durkheim (1982) argued that crime is to be expected in social life, because individuals follow different influences and circumstances, and so not everyone can be equally committed to the shared values and moral beliefs of society. Despite crime and deviance’s threat to society, Durkheim sees it as beneficial as it could perform positive functions in society, such as, firstly; By strengthening collective values. Values can waste away unless people are reminded of the boundaries between right and wrong behaviour. Secondly, by enabling social change.