The Role of Society and the Government in Preventing and Punishing Crime

Conclusion: Society and the government have a right to prevent people from committing crimes or deeds that hurt society, and may punish individuals for these deeds, but may not hold people responsible for actions that affect only themselves (292)

            1. It is the role of government to protect its people (I 293)

                a) The government is not justified in preventing actions that encroach upon citizen’s liberties       

                     (I 293)                       

                    i. The government is not justified in stopping trade (293)

                              - Stopping trade does not benefit citizens (293)

                              - It does not change the price or quality in a way that helps society (293)

                              - Trade is an act that affects society’s interests

                              - Because trade affects society it is society’s role to govern it (293)

                 b) It is not the role of government or society to stop people from performing actions that                           

                     will only harm themselves (I 293)

                               i. Caution should be given to people when they might harm themselves, but they       

                                     should not be punished for actions that might cause harm to themselves (294)

                                     2. Even if an action may hurt members of society, society and the government are not always      

                      justified in preventing the person from completing this action  (293)

                                                a) It is better for society to pursue things even though they might hurt or disappoint   

                            others in doing so (293)

                                                 b) Sometimes we cause pain to others when we try to attain something justifiable (293)

                                i. Like when we stop someone from attaining something they desired (293)

                               ii. Institutions often cause conflict between individuals (293)

                              iii. It is ok to cause others pain or disappointment in the case of work, exams or contests    

                                 (293)

                                                  c) It is ok for society to intervene in actions that harm members of society (294)

                                      3. Society may give advice to people, as long as the advice does not harm others or solely    

                       benefit themselves (I 296)

                                                 a) If people have the right to take whatever actions they please so long as they do not harm  

                            members of society, then society should have the opportunity to counsel them (296)

                                                  b) Society should not be allowed to offer people advice when the advice benefits the person  

                              giving the advice (296)

                                      4. Individuals are not responsible for actions that affect only themselves (293)

                                                a) Individuals actions that affect only themselves do not harm society (I 293)

                       i. The only way people can express disapproval for actions that                                                 

                          affect only one person is through “advice, instruction, avoidance and persuasion” (296)

                                        5. Society and the government are justified in punishing people who commit crimes that  

                        negatively impact members of society (293)

                                                   a)Society and the government has the right to take preventative measures to stop crimes that  

                            may hurt society from occurring

                        i. Actions that make members of society uncomfortable and                                                   

                           aren’t good manners should be prevented (295)

                       ii. Putting precautions in place does not encroach upon                                                              

                           people’s liberty when it is protecting other members of society (295)

                   b) It is the responsibility of the government to protect it’s people (I 293)

                                    

The Rights' Tools in Mill's Utilitarianism

Conclusion: Rights are expedient and the preservation of individual rights is a utilitarian interest.

Premises:

1: The preservation of justice is expedient.

o   There are two parts of justice: expected rule of conduct, and the beliefs which authorize the rule of conduct (53). 

§  A rule of conduct is intended for humanity’s good therefore an expedient ingredient (53).
The beliefs involve the wish to punish those who have done wrong and knowing that there is somebody who has been harmed (51).

·      Neither of these ingredients have anything moral in it.

o   Justice naturally would cause people to aimlessly hate whoever does anything wrong to them (52).
Justice comes from the human desire for retribution, which is not moral (51).

·      What makes justice moral is the fact that it is a social feeling and it only acts for the general good. Therefore, what makes justice moral is its expediency (52).

o Justice becomes moral because it retaliates when society not solely an individual has been harmed.

o  Utility has uncertain standards, and people interpret it differently. This is the same with justice. That is why we have judges and courts, and so many disagreements on what is just. This is another reason why justice cannot be independent of utility (55).

2. Most applications of justice are ways to maintain the notion of moral rights. 

·      Justice is interpreted differently by different people, and changes in their notion of utility (46).

·   The major concern of justice is to protect human rights. This is because the purpose to protect justice is to protect the harmony of humanity. Protecting the harmony of humanity means protecting human’s individual rights. Thus, rights become a utilitarian interest.   

·      Justice suggests not only what is right and wrong, but what the individual calls his moral rights (50).

3. Rights are defended by society.

·      The meaning of a person's rights is that he may demand from society to protect his ownership of that right. That protection can be provided with the law, education, or social opinion (53).  

·     Utilitarianism's Greatest Happiness Principle makes each person's happiness valued equally in comparison to others. 
          -If there are any inequalities (such as slavery, women having less rights than men), the society is unjust. 
 ·     Rights therefore are things which society should defend  (54).

4. Human rights are fundamental utilities for society.

o   Security is so essential for human happiness, therefore protection of human rights is necessary for human happiness.

§  The most important interest of society is to have protection of all individuals (54).

o   Society, then, cannot succeed if it does not protect human rights, because happiness/peace does not grow when its rights are not protected.
o  Injustice does not harm only an individual but it harms the entire society.
          §  Society depends on its ability to defend against evil and the entire value of each            individual (54).

o   Because rights are fundamental for society to grow, they are utilities for society. 

Hipsters and Irony

RE: our conversation about fixed gear bicycles and hipsters.

Here is another philosophical assessment.

http://opinionator.blogs.nytimes.com/2012/11/17/how-to-live-without-irony/

Revised Schedule, 11-20 to 12-20

20th	Justice: Mill, Utilitarianism, Ch. 5; Sidgwick: Methods of Ethics, 439-448; Second essay assigned
23rd	Class cancelled--Thanksgiving
27th	Mill, Of Liberty, Chapter 5
30th	P. Singer, “Utilitarianism and Vegetarianism”
December 4th	Thomas Nagel, “War and Massacre”
7th	Debates
11th	Final exam review
14th	Second essay due
20th, 1:30 p.m.	Final Examination

Common Sense is Not So Common

Conclusion: The Utilitarian Method is crucial in helping determine the moral action in experiences in which common sense cannot be used.  Common-sense morality does not apply to all situations so it fails because not everyone can use it.  Exceptions must be made.  Only the Utilitarian Method can be applied in all situations.

1.     Doing what is best for the highest number of people is following the moral code. (pg.462)

a.     Morality can be measured. (i)

b.     Utilitarianism emphasizes doing what is best for the whole rather than the individual.

                                               i.         Individual needs are not as important as improving the well being of the whole. (i)

                                              ii.         One must not base his or her actions for his or her personal benefit. (i)

2.     Common-Sense morality is for ordinary people in ordinary circumstances. (pg.461)

a.     Ordinary people must think that common sense is universal in order for them to follow it.

                                               i.         Ordinary people are not capable of making moral decisions without trusting common sense (i)

b.     There are situations in which common-sense morality cannot be used because they are not ordinary. (i)

                                               i.         Common-sense morality is inadequate because it cannot be used across the board so there is a gray area in which it is not clear how to judge the morality of certain actions. (pg.461)

3.     Special persons in special circumstances require guidance that goes further than common sense. (pg.461)

a.     Very smart and passionate people are exempt from the common-sense morality that ordinary people must follow . (pg.461)

b.     There is no way for common-sense morality to be used in certain situations. (i)

4.     People have different moral instincts based on age, class, and other external sources. (pg.461)

a.     Since moral instincts are not the same all around yet we still see morality all around, there must be another way we classify morality than just on common sense. (i)

5.     The Utilitarian Method is the only way to judge morality in all situations. (pg.462)

a.     In using the Utilitarian Method, the answer is always to do what is the best for the greatest number of people. (i)

b.     Anyone who makes a choice in any situation that is best for the most people is a moral person. (i)

c.      The Utilitarian Method extends to all situations because there are not exceptions or questions as to what the best decision is.

Utilitarianism & the Ultimate Sanction

Conclusion: the subjective feeling, or the conscience-like feeling that occurs when one violates their duties, helps authenticate Mill’s utilitarianism theory, and is the ultimate sanction.

Premises:

1.     Any philosophy, utilitarianism included, has a necessary obligation to provide sufficient reasons it is to be followed, as well as risks one takes if he chooses not to subscribe to it. (¶1, 2)

a.     Some obligations, or sanctions, come from within, and these are internal sanctions. (¶4)

                                               i.     Internal sanctions are a mental conscience and a sense of duty. (¶4)

                                              ii.     Internal sanctions also guard against disruptions to the sense of duty. (¶4)

b.     Some sanctions come from without, and these are external sanctions. (¶3)

                                               i.     External sanctions are a sense of societal pressure, consisting of a prospect of gaining others’ approval and avoiding their disapproval. (¶3)

                                              ii.     It is also linked to the concept that God will have rewards to give, or punishments to inflict, due to our individual obligations to act distinct from our selfish tendencies. (¶3)

2.     These feelings of moral obligations are natural, however they are not inborn, but learned.

a.     Morality is not an inherent part of human nature. (¶8)

                                               i.     One must be cultivated, by experience, to a certain degree of development, in order to be considered moral. (¶8)

                                              ii.     Since, in early development, any external sanction can serve as a sufficient early impression on the conscience, therefore, the conscience can perilously be pointed in any direction. (¶8)

b.     Even the moral associations that are learned by experience can be reasoned away, if they are forced upon, rather than cultivated with, one’s developing conscience. (¶9)

                                               i.     It is possible for one to subscribe to moral associations that are entirely false. (¶9)

                                              ii.     However, one’s own abilities to analyze and deduct will prevent these false associations from taking hold, and will be scrutinized away. (¶9)

3.     Happiness is one of the primary motivators for utilitarianism, and recognition of such will contribute to the strength of one’s morality. (¶10)

a.     Happiness, a cooperation with others, consists of a natural desire to be in harmony with society, of which one is regarded as a part of a whole, in addition to the natural desire to advance society as a whole. (¶10)

                                               i.     Since one is cooperating with others, one has the sense that they are serving interests other than their own. (¶10)

                                              ii.     It also leads one to attribute his feelings toward the good, or at minimum, a consideration for doing well. (¶10)

b.     A mindset of unity contributes greatly to one’s subjective feelings, and these can be fostered through psychological construct or the assistance of religion. (¶10)

4.     Utilitarianism recognizes also that societal feelings of the age can contribute to, as well as be opposed to, its most basic precepts. (¶11)

a.     Though systems of instruction were mentioned (¶10), these are not totally necessary and utilitarianism can take hold in a society without them, if a few individuals are cultivated. (¶11)

b.     Society is generally competitive, and individuals often feel that they are in a rivalry with each other for happiness. (¶11)

c.      One must recognize if this is preventing the expression of feelings. (¶11)

                                               i.      If so, one must be aware that it must not contrast with his aims of doing well. (¶11)

                                              ii.     Oftentimes, these feelings are inferior to their selfish desires. (¶11)

d.     Those that possess a strong sense of doing well and have apparent motives to care for others have a well-developed mind, and are bound by external sanctions and internal sanctions. (¶11)

e.     Possessing this conviction is the ultimate sanction. It is the ultimate sanction of morality, which is the greatest happiness. (¶11)