Economic Analysis Of Law Essay
During the second semester of my first year I took a class called "Economic Analysis of Law". During the course we used basic economic models to explain the rationality of the law as it is shaped in its different branches. The basic premise is that laws are justified if they maximize social welfare. One of the branches of law that we discussed during the course was criminal law. The penalty for a crime must be one that creates the right amount of deterrence. The way to set the right amount is by estimating the benefit a criminal is set to gain from committing the said crime and setting a penalty and likelihood of getting caught that is more damaging to the criminal then what he stands to gain if he commits the crime. Since deterrence is a crucial part of the model, it would seem that it may be redundant or even harmful to punish someone if they committed a crime negligently since it is almost impossible …show more content…
I considered things to be wrong because they instinctively felt morally questionable and because they decreased social welfare. After going through these two courses the question of what is objectively wrong is much more complex. There are acts that have only one of the said components, either it is instinctively morally wrong but could technically increase social welfare (for example if a poor person steals a loaf of bread for his starving children, or a person shoots at another but doesn’t kill them), or it is morally right but decreases social welfare (for example putting a person who accidently killed another in prison). The juxtaposition of deontology and utilitarianism became much clearer and at the same time a lot more confusing for me. As a result of these two courses I now look at what is right and wrong in our society through a new lens, or maybe even two lenses- does it increase social welfare and is it morally
The New Jim Crow Summary
1517 Words | 7 Pages”4 The NAS also pointed out that their deterrence research came to the conclusion that “potential offenders may not accurately perceive, and may vastly underestimate, those risks and punishments associated with committing a crime. ”4 Incarceration has an even less effect on violent crimes, since they are often crimes of passion and are not premeditated. Because of that, severe terms of incarceration will not have an effect on an offender’s choice to commit a criminal offense.
Pros And Cons Of Deontology
1202 Words | 5 PagesTo begin with, this theory relies on moral absolutes which can be defined as actions that are entirely right or entirely wrong. Deontologists cannot consider the consequences of their actions, even if the consequences of a particular action bring about more harm than the act itself. Deontology theory says that certain types of actions are either absolutely right or wrong, but provides no way in which to distinguish which action may be right or wrong and thus duties and principles can conflict (Preston, 2007). For instance,
Arguments Against Criminalisation
850 Words | 4 PagesThere are various other reasons for and against criminalization that have been discussed by various jurists. Crime is usually associated with victims and the people affected by the actions of others. There
6 O Clock Analysis
1009 Words | 5 PagesKUKUNURI SAI VENKATA RATNA RITHWIK 16110083 This course has been of importance to me. It had impact on my life. It changed the way I look at things and it made me question the everything. It was always dazzled at the different ethical dilemmas such as Trolley Problem or thought processes such as Chinese Room.
Utilitarianism In Nursing Ethics
1374 Words | 6 PagesUtilitarianism focuses on the consequences of an action. Deontological approaches focus on the morality of an action on an individual basis. Utilitarian approaches attempt to achieve the greatest good for the greatest amount of
Compatibilism, Determinism, Questions And Answers
1479 Words | 6 PagesPunishment serves as a method to deter people from wrongdoings, and to let people know what actions are wrong. If there were no negative repercussions to wrongful acts, people would simply attribute their wrongdoings to determinism and claim they are not morally responsible for their actions, since their actions stem from prior causes that they have no control
Health And Social Care Personal Statement Examples
647 Words | 3 PagesI have become more aware of my values and beliefs while taking into consideration other individuals values, beliefs, goals and their needs. I hope that this course will push me forward for the career I want to pursue in the future. I would like to work in the field of social work and hope to specify in working with children with learning disabilities. I understand some of the situations I may be faced with may be very challenging however this will give me more motivation to help individuals overcome challenging situations. I feel that university will further my passion for working with vulnerable
Deontology Vs Utilitarianism Essay
431 Words | 2 PagesUtilitarianism’s consequence-driven ideology allows it to be manipulated to condone evidently immoral acts as appropriate if it benefits a majority group, as in the case of slavery (Anderson, 2004). Deontology, however, portrays all humans as equals and, thus, disregards immoral actions as a means to satisfy a majority. For example, the killing of a single man to aid several transplants would be justified by utility but is abolished by Deontology due to its irrational premises. Conclusion
Labeling Theory Vs Conflict Theory Essay
1053 Words | 5 PagesAdditionally, the criminal justice system is used to control and punish certain groups, while also justifying their oppression and punishment. Furthermore, conflict theorists claim that criminal behavior is a kind of resistance to marginalized groups' oppression and exploitation. To emphasize, laws do not exist for the collective good; they instead represent the interests of specific groups that have the power to get their wishes enacted (Kubrin et al
Kant's Ethics Vs. Utilitarian Ethics
1023 Words | 5 PagesThe theory of deontology states we are morally obligated to act in accordance with obvious set of principles and rules regardless of results. Deontological ethics focuses on duties, and rights. The term deontological was coined by the utilitarian philosopher Jeremy Bentham, who described it as “knowledge of what is right or proper” Bentham thought that deontology points in the direction of principle of utility. But contemporary philosophers use the term deontological to indicate a contrast with the utilitarian focus on the consequences of action. Instead of focusing on consequences, deontological ethics focus on duties and obligation: things we ought to do regardless of the consequences.
Essay On Natural Law Theory
1096 Words | 5 PagesNatural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man
Essay On Harsh Punishment
1048 Words | 5 PagesMotivation is a key factor; many criminals are motivated by desires, rage and desperation. It is very possible that criminals are not thinking rationally when committing a crime. In other words, the severity of a punishment is largely irrelevant when criminals are not thinking clearly at the time, the very fact that they committed the crime in the first place is already evident that they never considered the consequences. Therefore, it is untrue that harsher punishments are more
Reflection On Academic Writing
801 Words | 4 PagesThe art of argument persuasion I’ve learned in this course is so beneficial for my marketing major. Other than that, it made me develop the essay writing skills necessary for success in my studies at the university level. This English course also taught me how powerful written words can be, and how the delivery of the tone is important for the reader. The tone of a narrative is different than the tone of a research, where the difference makes the paper. Also, the power in written words tells how much it is crucial to mankind.
South African Criminal Justice System
1483 Words | 6 PagesIn criminal law, we study crime purely from a legal perspective. Criminology is the study of crime and criminal behaviour from psychological and sociological perspectives, seeking to understand the underlying causes and effects of such behaviour, as well as how to control or prevent it. 2. THE SOURCES AND ORIGINS OF SOUTH AFRICAN CRIMINAL LAW South African criminal law is essentially a common-law system of law, although the range of available crimes has been significantly extended through the creation of statutory offences and, in some cases, legislation has replaced the former common law. South African criminal law has never been codified, however.
Definition Of Law Essay
1612 Words | 7 PagesDEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
More about Economic Analysis Of Law Essay
The New Jim Crow Summary
1517 Words | 7 PagesPros And Cons Of Deontology
1202 Words | 5 PagesArguments Against Criminalisation
850 Words | 4 Pages6 O Clock Analysis
1009 Words | 5 PagesUtilitarianism In Nursing Ethics
1374 Words | 6 PagesCompatibilism, Determinism, Questions And Answers
1479 Words | 6 PagesHealth And Social Care Personal Statement Examples
647 Words | 3 PagesDeontology Vs Utilitarianism Essay
431 Words | 2 PagesLabeling Theory Vs Conflict Theory Essay
1053 Words | 5 PagesKant's Ethics Vs. Utilitarian Ethics
1023 Words | 5 PagesEssay On Natural Law Theory
1096 Words | 5 PagesEssay On Harsh Punishment
1048 Words | 5 PagesReflection On Academic Writing
801 Words | 4 PagesSouth African Criminal Justice System
1483 Words | 6 PagesDefinition Of Law Essay
1612 Words | 7 Pages