Crim C10 - Week 3 notes
Crim C10 - Week 3 notes Crm/Law C10
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This 6 page Class Notes was uploaded by Edward Avakian on Thursday April 14, 2016. The Class Notes belongs to Crm/Law C10 at University of California - Irvine taught by William Thompson in Spring 2016. Since its upload, it has received 22 views. For similar materials see FND CRM, LAW & SOC in Criminology and Criminal Justice at University of California - Irvine.
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Date Created: 04/14/16
Crim C10 Lecture 5 Week 3 04/14/2016 ▯ Sources of Law Constitutions Legislation (at federal and state levels) Case Law/Judicial Precedent o Interpretation of Other Laws o Common Law — Created solely by precedent Administrative Law (i.e. EPA issuing new rules, IRS new rulings) Executive Actions?? (Has effect of law, “kind of” law) o When you write your paper, identify the type of law ▯ ▯ The US Constitution Utilitarian or Libertarian? What are the powers of Congress? (Article 1 Section 8) Does the constitution have power to decide: civil rights? setting up navy? courts? ▯ ▯ Expansion of Federal Powers Tea Party/Constitutionalist Narrative o Liberal Judicial activism leading to Over-regulation, Nanny State, “Road to Serfdom" Progressive Narrative o “Living Constitution” protecting against Discrimination, Exploitation, Market Excess ▯ ▯ John Locke Social Contract Theory (In order to form political union in government, citizens of country can come into agreement of how it should be run) ▯ ▯ Notion of Universal Human Rights (Immanuel Kant) All humans are worthy of respect. It is wrong to treat them as mere instruments of the collective happiness. Morality is not about maximizing happiness or any other end; it is about respecting persons as ends in themselves ▯ ▯ Libertarian with a Twist Kant is a libertarian with a twist- he sees the buying and selling in the market as satisfying desires we haven’t chosen to have. Just because something gives the majority of people pleasure it doesn’t make it right Don’t look to God or the Gods as a basis for morality. Kant says use “pure practical reason” To act freely is to act according to a law you have given yourself Heteronomy refers to action that is influences … To act freely is not to choose … *Missed rest of sentence* ▯ ▯ Morality Morality flows from the intentions from which the act is done, what matters is the motive, doing the right thing because it’s right ▯ ▯ categorical imperative? ▯ ▯ Crim C10 Lecture 6 Week 3 04/14/2016 ▯ Immanuel Kant Notion of universal human rights o All humans are worthy of respect. It is wrong to treat them as mere instruments of the collective happiness Rejects utilitarianism – can’t treat people as a means to an end o Morality is not about maximizing happiness or any other end. It is about respecting persons as ends in themselves You can’t lie, but you can mislead ▯ ▯ Morality Morality flows from the intentions from which the act is done, what matters is the motive You must do things for the right reasons What are the right reasons? o Not self-gratification o Not utility maximization o You must do it because it is right ▯ ▯ So what makes an action right? The Categorical Imperative o Act only on that maxim whereby you can at the same time will that it become a universal law o Act in such a way that you treat humanity never simply as a means but always at the same time as an end o Same as “golden rule”? Not exactly ▯ ▯ Kant and… Lying to a murderer o Not about what you want or achieving desirable goals; it’s about if this act is the right thing to do Clinton/Lewinsky scandal Casual sex o Using someone else to achieve your own ends, your own self- gratification o Having sex is not good in itself, even if it’s very pleasing ▯ ▯ Should the law allow… Utilitarian o Assisted suicide Would say sometimes or maybe; depends on assessment on if it’s beneficial or not o Euthanasia Would say sometimes or maybe; depends on assessment on if it’s beneficial or not Libertarian o Assisted suicide Yes, if the person is choosing to die, they should be in control of their own life o Euthanasia Without their consent, absolutely not because you can’t impose your will on someone else’s life Kantian o Assisted suicide Never o Euthanasia Never ▯ ▯ Why do we punish criminals? What is the purpose of punishment? Utilitarian o Improve overall happiness through: Deterrence Incapacitation Rehabilitation o What benefits can we achieve by punishment o No excessive punishment Libertarian o Protect rights of others Kantian o Because they deserve it (Just deserts) o Freedom entails responsibility o Reestablishing a moral balance o IT is the right thing to do ▯ ▯ Kant’s implications for law Rejects utilitarian considerations o E.g., whether the death penalty deters murder o E.g., whether Obamacare reduces overall health care costs Bases law on an “imagined” social contract o Could the law have been produced by the “united will of the nation”? o There is only one law that is “right” o What is people disagree with this? ▯ ▯ The case of equality John Rawls (1921-2002) What’s right for the individual vs. what’s right for society The social contract – a hypothetical agreement in an original position of equality (that is a position in which we set aside our self- interests, moral and religious convictions) Veil of ignorance – assessment of how law should be without taking a position in society We would not choose utilitarian since we might end up in a position of oppressed minorities o If we don’t know what position we would have in society, then a purely utilitarian society would not be desirable We would not choose Libertarian since we might end up wealthy but we could end up very poor ▯ ▯ The existence of a contract does not necessarily justify the terms. Making a deal is not enough to make it fair ▯ ▯ Rawls suggests that those with talent and endowments use the rewards from these to benefit society as a whole ▯ ▯ Natural talents are not your own, you don’t create them or deserve them more than others ▯ ▯ ▯ ▯ ▯