Ethical Dilemmas & Decisions, Ch.8

Question 0

natural law

Answer 0

idea that principles of morals/rights are inherent in nature; not human-made; discovered by reason

Question 1

laws

Answer 1

formal written rules of society

Question 2

positivist law

Answer 2

fallible law written and enforced by society; human-made law

Question 3

Good Samaritan laws

Answer 3

criminal to pass an accident scene or witness a crime without rendering assistance

Question 4

[Mill] ‘harm principle’

Answer 4

the idea that every person should have the utmost freedom over their own actions unless they harm others

Question 5

legal paternalism

Answer 5

laws protecting individuals from hurting themselves

Question 6

legal moralism

Answer 6

a justification for law that allows for protection and enforcement of societal norms

Question 7

consensus paradigm

Answer 7

the idea most people have similar beliefs, values, and goals; societal laws reflect the majority view

Question 8

conflict paradigm

Answer 8

the idea society is made of competing/conflicting interests; power-holders promote self-interest, not greater good

Question 9

pluralist paradigm

Answer 9

the idea society is made of competing interests that form allegiances in a dynamic exchange of power

Question 10

[Durkheim] mechanical solidarity

Answer 10

the collective conscience of society; criminality defined by the majority of the populace

Question 11

[Durkheim] repressive law

Answer 11

maintenance of social cohesion; laws contributing to collective conscience by providing an example of deviance

Question 12

[Durkheim] restitutive law

Answer 12

law resolving conflicts between equals; law serves an integrative function

Question 13

[Durkheim] organic solidarity

Answer 13

idea that there are differences among people, from division of labor; individuals in society as part of an organism

Question 14

[Nettler] consensus paradigm

Answer 14

• Law is representative. (a compilation of do’s/don’t’s all agree upon)
• Law reinforces social cohesion. (illustrates deviance)
• Law is value-neutral. (objective and neutral conflict resolution)

Question 15

[Sheley] 3 parts of conflict paradigm

Answer 15

• criminal definitions are relative
• those in control determine how crime is defined
• definition of crime is a tool of power

Question 16

bureaucratic justice

Answer 16

each case is seen as one of many; actors merely follow rules mechanically; goal is efficiency

Question 17

wedding cake illustration

Answer 17

largest portion of criminal cases form bottom of the cake; few “serious” cases form the top layer; bottom cases receive little due process

Question 18

types of lawyer positions

Answer 18

• Legal Agent - lawyer is neither moral/immoral, merely a legal tool
• Special Relationship - lawyer dissuades client from unethical/immoral actions
• Moral Agent - lawyer adheres to personal moral code; client interests secondary

Question 19

[Sheffield & Cochran] lawyer typologies

Answer 19

• the ‘godfather’ - promotes clients’ interests above all else
• the ‘hired gun’ - do whatever client wants
• the ‘guru’ - controls client with personal morality as a guide
• the ‘friend’ - engages client in moral dialogue to convince toward a moral course of action

Question 20

pro bono

Answer 20

free legal service