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Ethics and Criminal Justice - Assignment Example

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The paper "Ethics and Criminal Justice" concerns Kohlberg’s theory on justice at the expense of care and ethics of care that refers to the evaluation of what is right or wrong in society, the redistribution of healthcare as a viable and necessary option in light of rising healthcare costs, etc…
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Ethics and Criminal Justice
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Ethics and Criminal Justice Ethics and Criminal Justice Q The founding fathers demonstrated a good understanding of natural law inwriting a declaration of independence. Natural law refers to a universal law. Consequently, the law should be applied everywhere. For instance, the assertion that all men are created equal is a widely acceptable belief. Human beings believe that by the very nature of their humanity, they are equal (Thornhill, 2013). As a result, it is wrong for a group of people to consider themselves as being more superior to the other. The nations that colonized other countries were partly driven by a belief that their culture is superior and that they had a responsibility to share that culture with the rest of the world. In addition, the King had failed to heed the demands of the people. Instead, he had acted in a manner that undermined their rights. As a result, they were justified in seeking a status quo that would enable them to exercise those rights. In addition, the founding fathers acknowledge that they have to give reasons to support their chosen course of action. In the introduction, they state that the document serves as an explanation for their decision to break away from the British Empire. As a result, it is evident that natural law influenced theAmerican Declaration of Independence. Furthermore, they appreciate the fact that human beings live in an orderly environment. For instance, they acknowledge the Supremacy of God. They refer to the laws of the creator in order to justify their statement. In addition, they make reference to the laws of nature. Nature was organized in a systematic manner that defined how human beings should live. For instance, a society is expected to establish itself as a distinct organization on earth (Thornhill, 2013). Consequently, the United States of America wanted to establish an autonomous region. In addition, they had a right to define the kind of authority structures that they needed. The text states that human beings were blessed with rights by virtue of their humanity (Thornhill, 2013). The founding fathers invoked this rights in stating their beliefs. In particular, they state that human beings have a right to life, liberty and the pursuit of happiness. The reference implies that the Americans were correct in seeking to pursue happiness. Consequently, they had a moral right to pursue independence. In addition, they were entitled to pursue freedom since the British had denied them many rights. Q.2 The Greatest Happiness Principle states that whether an action is right or wrong depends on its ability to promote happiness. Similarly, the action is deemed as being wrong if it undermines the happiness of an individual (Mill, 1863). The principle states that pleasure and the absence of pain in an individual are the most important things in life (Mill, 1863). An evaluation of the principle demonstrates that it has both strengths and weaknesses. The elimination of pain and other undesirable states is an important aspect in promoting the quality of human life. However, it is wrong to believe in the pursuit of happiness as the most important aspect of human life. The American economic model believes in a free market system. The model is based on the belief that allowing individuals to compete promotes creativity and innovation. The American economy has adopted capitalist ideals. The economic system believes in rewarding the ingenuity and hard work of people. Participants in the economy have the freedom of running their business as they deem fit. The role of the government in a capitalist system is to create optimal market conditions that would enable the participants to achieve maximum success. Capitalism has its strengths and weaknesses. Firstly, it promotes competition since the government has a limited role. Secondly, it gives people the freedom of choosing their preferred occupations and where they want to work. Thirdly, the economic system allows people to choose where they want to invest their money. For example, in the United States of America, the people can invest in any listed company in the stock exchange. However, the system places a lot of barriers to participation in the economy based on the financial resources. For instance, Warren Buffet can invest in industries that an ordinary person cannot. In addition, it places limits on the amount of money that a person can make. The market determines the value of goods and services. The government plays a significant role in minimizing the negative effects of capitalism. For example, there is a welfare system to provide safety nets for the poor in society. In addition, there are minimum wage laws that ensure that every working class American earns at least a minimum wage. The wage ensures that even the workers who provide the cheapest labor are given enough compensation to ensure that they can take care of themselves. Furthermore, it imposes regulations toprotect all participants in the economy. Q.3 The ethics of care refers to the evaluation of what is right or wrong in society. The theory emphasizes the importance of responses (Pettersen, 2011). In addition, it criticizes the universal application of morals because different situations involve varying factors (Pettersen, 2011).As a result, evaluating all problems using the same standard amounts to indifference. In contrast, Kohlberg’s theory states that moral reasoning occurs in a series of steps. The process involves six stages that were divided into three levels (Srivatsava, Dhingra & Srivastava, 2013). The three stages include; pre-conventional morality, conventional morality and post-conventional morality. Kohlberg’s theory places a lot of emphasis on justice at the expense of care. In contrast, the ethics of care involves an independent application of moral values in a way that considers the merits of a problem. In addition, the first theory ignores the fact that the stages are often products of an intuitive process. The ethics of care appreciates that the stakeholders in a problem have personal interests that modify their behavior. Kohlberg’s theory states that the process of moral development occurs throughout the life of an individual. As a result, their experiences and interaction with the social environment shapes their moral views. In contrast, ethics of care believes that individuals have an understanding of right and wrong. As a result, the first theory can be said to have an external nature while the second one has an internal nature. The ethics of care emphasizes the evaluation of the problem by considering its context. The approach appreciates the interests of allthe stakeholders. In addition, it states that the individuals that are more vulnerable should receive a greater focus than the rest. Furthermore, it states that individuals have varying degrees of dependence and interdependence. As a result, the theory employs a more personalized and rational approach to solving the problem. In contrast, Kohlberg focused on the rigid application of moral values. In conclusion, the theory of care is more correct than the Kohlberg’s theory. The theory employs a more global approach to the problem as opposed to a narrow approach. As a result, it provides a more effective approach to the problem. In contrast, the Kohlberg theory is only useful in addressing general problems as opposed to specific issues. As a result, it is more desirable problems that have a wide context. However, it is important to note that Kohlberg played a significant role in ushering a new era in psychology that Carol Gilligen developed. Q.4 1. Immigration is an important social and economic issue. The millions of illegal immigrants in the United States of America present both an economic and social problem that must be addressed in a manner that not only promotes the rule of law but solves a social issue in a manner that is profitable for the country. The question of taxes is an important issue since one of the biggest arguments againstillegal immigration is that individuals enter the country without paying a part in contributing to its wellbeing. As a result, illegal immigrants should be applauded when they pay taxes. However, they are in the country illegally and should be processed through the system. As a result, John should not receive any refund. 2. The government has a moral duty to educate all the children within its jurisdiction. Even if children are born to illegal immigrants, their birth in America confers citizenship to them. In addition, children form a vulnerable social group that should be protected and assisted. 3. The hospital does not owe a duty to treat Jane without insurance and a consideration of her status in the United States of America. First, the organization has a responsibility to perform its operations in a profitable manner. As a result, it should not care for patients for free. Second, immigrants have no legal recognition in the country. As a result, treating a patient may amount to aiding an alien. 4. The oldest child should be eligible for financial aid for higher education. Educating all the children in the country will enable the country to develop economically. In particular, supporting the eldest child will empower them with the requisite tools that will enable them to provide for their families. In addition, it will give them a pathway to attaining legal recognition. 5. Illegal immigrants violate the American law by entering the country without passing through established channels. As a result, they should not have any right to claim any benefit. However, they should have a right to access basic social services. Educating children empowers them to participate in meaningful economic activities. As a result, they can become an asset to the country instead of being a liability. The treatment of illegal immigrants should not be influenced by how they entered the country. Instead, it should focus on applying distributive justice in a manner that enhancesthe rule of law. However, there should be a deliberate effort to ensure that it does not undermine their human rights. Q.5 The cost of healthcare is expensive in most societies. In addition, it plays key role in the financial health of a household. Although employer-paid insurance is the most common source of insurance for the government, a lot of people in the country do not have such an opportunity. The redistribution of healthcare is not only a viable option, but a necessary one in light of the rising healthcare costs and the negative effect that it has on the society. The provision of universal healthcare will involve the participation of all stakeholders. First, the insurance companies must demonstrate a willingness to increase the access to healthcare in the country. However, as profit making entities they have to find a way that is not only effective, but also profitable. In order to achieve universal healthcare, the insurance agencies must reduce their premium rates. The move will enable even low-income earners to be able to afford healthcare. In addition, the cost of healthcare must be subsidized. However, achieving that will require the mass market adoption of insurance costs. Furthermore, Medicaid and Medicare programs should be replaced by a more effective voucher program. Moreover, the insurance companies should allow young people to stay on the family insurance plans until they are 26 years old. Additionally, the insurance companies should not deny anyone insurance coverage on the basis of having preexisting conditions. The private sector needs to adopt a proactive approach to the healthcare crisis in the country. For instance, there should be a deliberate effort to invest in urban communities that experience significant healthcare services shortage. The move would increase access to healthcare. In addition, the education sector needs to take an active role in the redistribution of healthcare. For example, it should produce more nurses and doctors. The presence of enough skilled professionals would increase the ability of healthcare institutions to care for more patients. Furthermore, the private sector should invest in the development of more effective treatment procedures. The move will result in a decrease in the cost of healthcare. In conclusion, the achievement of universal healthcare will be a significant achievement in society. Besides mitigating against the negative financial impact that poor health has on vulnerable families, it will increase the revenue collected by insurance companies due to the rise in subscribers. However, the implementation of an effective plan to achieve this initiative will involve a lot of capitaland political investment. References Mill, J. S. (1863). What Utilitarianism Is. Retrieved from http://www.utilitarianism.com/mill2.htm Pettersen, T. (2011). The Ethics of Care: Normative Structures and Empirical Implications. Health Care Analysis. 19(1):51-64. Srivatsava, C., Dhingra, V & Srivastava, A. (2013). Morality and moral development: Traditional Hindu concepts. Indian J of Psychiatry. 55(2), 283-287. Thornhill, C. 2013). Natural law, state formation and the foundations of social theory. Journal of classical sociology. 13(2). Pp. 197-221. Read More
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