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Crim C10 - Week 3 notes

by: Edward Avakian

Crim C10 - Week 3 notes Crm/Law C10

Edward Avakian
GPA 3.62

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About this Document

These notes cover what was lectured during week 3.
William Thompson
Class Notes
Crim, criminology, Law, Fundamentals
25 ?




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Popular in Criminology and Criminal Justice

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 ▯ ▯ ▯ ▯ ▯


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