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Final Presentation

Final Presentation






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    Final Presentation Final Presentation Presentation Transcript

      Justice Theory 303
      SherRatnabalasuriar, Instructor
      November 29, 2009
      Arizona State University
    • Three Major Justice Theories
    • Adam Smith
      Born in 18th century Scotland
      Contemporary of Francis Hutcheson
      Part of the Scottish Enlightenment
      Moral sense theory
      Chair of Logic at Glasgow University
      A thinker
      Major Works
      Theory of Moral Sentiments published in 1759
      The Wealth of Nations 1797
    • Theory of Moral Sentiment
      Humans are driven by passions
      Ego is a self-preserving and monitoring device for behavior
      Most important is the innate human ability to have –
      Sympathy creates social unity
      Believed that humans cared for one another in altruistic fashion
      Putting oneself in the shoes of the other person
      Sympathy however requires relationship
    • The Wealth of Nations
      Appears to be in direct conflict with previous publications
      Foundation of capitalism
      Inspired by Karl Marx
      Saw Wealth in whole new light
      Smith’s Wealth was not money, but the producer of the product which sold for money – the people, the workers
      Revolutionary idea
    • Invisible Hand of Economics
      Equaled liberalism
      Division of labor
      Economy determined by individual/divided interests
      Whether intentional or unintentional selfish interest results in social economic good
      “Smith showed that by giving themselves to such highly rewarding economic activities in their own self interest people would also be maximizing the economic well-being of society. ”(http://www.age-of-the-sage.org/philosophy/wealth_nations.html)
    • “Smith saw people as economic agents being as it were guided by an "invisible hand" (a term first used in his Theory of Moral Sentiments). High prices (in terms of a "natural" price related to the costs of production) of any good or service would automatically induce people to engage in its production. Increased production would lead to a greater supply and lower prices.” (http://www.age-of-the-sage.org/philosophy/wealth_nations.html)
    • Emile Durkheim
      Born 1858
      Professor at the Sorbonne in Paris
      Lived during major social upheaval and war
      Focused on solidarity and harmony in society
      Based on reason, rationality and science
      Public debates build public solidarity and harmony
      Major Contributions to Theory
      Structural Functionalism
      Social Solidarity
    • Structural Functionalism
      Durkheim felt that crime was a necessary and inevitable party of society and that it served the “function” of unification of the greater portion of society to produce change.
      Focused on those things external to the individual
      Social norms
      Social artifacts
      Cultural norms
    • Suicide
      Odd that Durkheim addressed suicide at all
      Broke it down into four types
      Felt that Suicide was a reflection of the solidarity of society
    • Anomie
      The process of social solidarity breaking down and reforming and restoring solidarity
      In the midst of anomie –
      Breakdown of social structures and institutions
      Breakdown of family structures and institutions
      Breakdown of economic stability
    • Anomie (continued)
      As a sociologist Durkheim first introduced this idea of “anomie” in his book –
      The Division of Labor in Society published in 1893
      “This meant that rules on how people ought to behave with each other were breaking down and thus people did not know what to expect from one another. Anomie, simply defined, is a state where norms (expectations on behaviors) are confused, unclear or not present.” (http://www.criminology.fsu.edu/crimtheory/week8.htm)
    • Anomie (continued)
      Anomie has been studied not only by justice theorists, but by sociologists and criminologists in attempts to explain the breakdown of society, the impact of that down, the social problems encountered, and the reason for crime. Anomie works right into the Broken Window Theory of Crime.
    • Howard Becker
      Most known for the “Labeling Theory”
      You become what you are known as
      Labeling theory has been studied in
      Criminal justice systems
      Juvenile justice systems
      Child welfare programs
      Education programs
    • Becker – an American sociologist
      Was very focused on power aspect of interpersonal relationships.
      How the power affected deviance in individuals
      What is the social reaction to the label
      Is the label a self-fulfilling prophecy?
      Who benefits from a label?
      Once labeled, always labeled?
    • Controversy over labels
      Fancy term for a nickname or something more sinister?
      What happens to those with labels?
      Are all labels bad?
      Can labels be used effectively for a better society
    • Labeling
      Evolved from Durkheim
      Focused on interpretations of behavior
      Assumes all persons are rational prior to receiving a label
      Unable to explain cause of deviant behavior and crime
      [D]eviance is not a quality of the act the person commits, but rather a consequence of the application by others of rules and sanctions to an “offender.” The deviant is one to whom that label has successfully been applied; deviant behavior is behavior that people so label.”
    • Deviance Label
      Originate from one in a position of authority
      Is self-perpetuating
      Isolates the labeled person from the main-stream of society
      Forces the labeled person to associates with others of the same label
      EXAMPLE –
    • Societal Views of Deviance
      Men as deviants
      Expected to a certain extent
      Women as deviants
      Unacceptable by any stretch of imagination
      Doubly deviant
    • Problem
      Part of the problem is the societal view of female deviance. Women who use drugs are viewed as “doubly deviant,” states Sheigla Murphy, PhD, director of the Center for Substance Abuse Studies at the Institute for Scientific Analysis in California. (Szalavitz, War on Drugs). That a woman would not only abandon her traditional role of nurturer and caretaker of her husband and family and use drugs flies in the face of conservative family values. In many cases, the result is far more punitive than for the man who gets arrested for the same drug offense. (Szalavitz, War on Drugs). A drunk man is just a man who has had too much to drink. On the other hand, a woman who has had too much to drink is “disgusting.” (Szalavitz, War on Drugs).
    • Check out the information
      Szalavitz, M, “War on Drugs, War on Women,” On the Issues, 1999; 8 (1), p 42
      Lutsky, J, “Is the War on Drugs a War on Women?” Partnership for Safety and Justice, formerly Western Prison Project (2003)
    • My social problem
      Wrongful sentencing of too many people under mandatory sentencing laws – leading to destruction of families an unfair sentencing for women.
      How do these theories work for or against the problem?
    • Adam SmithSympathy
      It is pretty clear that sympathy for the needs of others is NOT found in mandatory sentencing. There is no effort to walk in the shoes of the other. No room for compassion. No room for the bigger picture. There is no love of man for mankind. The law has become very retributive /utilitarian. There is no room or margin for mercy or grace. Justice is harsh and unyielding. Leading to a greater breakdown of society. Anomie.
    • Emile Durkheim
      There is no social solidarity about the issue due to the complete and total breakdown of societal standards and institutions.
      We are in the middle of a social reconstruction if we are to believe fully in Durkheim’s theory.
      Durkheim does, however, make it clear where we are as a society. That, in an of itself is a strength. There is power in knowing.
    • Becker
      Unfortunately for this problem, labeling only makes the situation worse. Where does a “jail bird” hang out? With other “jail birds.” If felons cannot get jobs because they are felons, what are they going to do? Commit more felonies. Self-fulfilling? Frightfully so. Again, the only strength I see in this theory in working with my particular social problem is re-labeling. Recovered addict, former outlaw or some such silliness.
    • Labels
      I have a new theory –
      What if we apply no labels at all?
      Could this stop the anomie and begin to recreate social solidarity once more?
      Just something to think about………….
    • Works Cited