The Main Difference Between Philosophy And The Criminal Justice System
1. Based on the opening paragraph of the article “What is Justice?” the main difference between philosophical and legal laws is their origin. Legal laws are created and changed to reflect the needs of society which are ever changing. They are put in place by a governing body to ensure the security of all the members of the state and the wellbeing of the state. On the other hand, philosophical laws differ in the sense that they focus less on the wellbeing of a society in terms of its politics and economics are more on its wellbeing in terms of its general functionality and ensures fair treatment of all citizens.
2.
a) Rules and laws are generally created to keep order in society and to ensure the general security of the majority of the public. …show more content…
There are certain things they can generally be agreed upon, such as ‘killing is wrong’; most countries in the world have laws against murder. Even though it is a generally considered wrong to kill by most, there are still groups and individuals who do not believe this, or who would believe that it depends on the situation. For example, if you woke up in the middle of the night to see a serial killer standing at the end of your bed and they said that they were going to kill your entire family, if you had the opportunity to kill them, would you take it? I think that many people would take the opportunity. Many legal systems have trouble with situations like this, where laws have been broken and therefore those guilty must be punished, but situationally they would not say they did anything wrong. Another example where cultural relativism may contradict laws could be conflicts between people with differing interests. There is a groomed ski trail in the woods used by skiers, dog walkers also found the trail and thought that because of the hard packed snow it would be a great place to walk their dogs. In walking their dogs on the trail they wreck the groomed trail for the skiers, and they frequently get upset when a skier skis by at high speeds. In the skiers mind, the dog walker is at fault, they would not believe that the dog walker has the right to be walking on the trail, wrecking it. From the dog walker’s perspective, the skier is being disrespectful to other trail users by skiing at such high speeds. This is less so an issue in overarching cultural relativism and more a smaller scale problem in the cultures of specific groups within one
2.
a) Rules and laws are generally created to keep order in society and to ensure the general security of the majority of the public. …show more content…
There are certain things they can generally be agreed upon, such as ‘killing is wrong’; most countries in the world have laws against murder. Even though it is a generally considered wrong to kill by most, there are still groups and individuals who do not believe this, or who would believe that it depends on the situation. For example, if you woke up in the middle of the night to see a serial killer standing at the end of your bed and they said that they were going to kill your entire family, if you had the opportunity to kill them, would you take it? I think that many people would take the opportunity. Many legal systems have trouble with situations like this, where laws have been broken and therefore those guilty must be punished, but situationally they would not say they did anything wrong. Another example where cultural relativism may contradict laws could be conflicts between people with differing interests. There is a groomed ski trail in the woods used by skiers, dog walkers also found the trail and thought that because of the hard packed snow it would be a great place to walk their dogs. In walking their dogs on the trail they wreck the groomed trail for the skiers, and they frequently get upset when a skier skis by at high speeds. In the skiers mind, the dog walker is at fault, they would not believe that the dog walker has the right to be walking on the trail, wrecking it. From the dog walker’s perspective, the skier is being disrespectful to other trail users by skiing at such high speeds. This is less so an issue in overarching cultural relativism and more a smaller scale problem in the cultures of specific groups within one