Legality, Morality, and Justice Flashcards
Two Types of Law:
An offense m__ i_ s_ is one which is naturally e__, as m__ t__, and the like; offences at c__ law are generally m__ i_ s_.
An offense m__ p__, on the contrary, is not naturally an e__, but becomes so in consequence of its being f__; as playing at games, which being i__ before, have become u__ in consequence of being f__.
Ask what is the nature of v__?
~ if there is an immediate v__ who s__, possibly m__ i_ s_.
malum in se, evil, murder, theft, common, malum in se.
malum prohibitum, evil, forbidden, innocent, unlawful, forbidden
victimization
victim, suffered
malum in se.
Morality vs. Legality:
The case of L__ Z__ killing his brother George (1973)
- P__: had a plan
- D__: weighed the pros and cons
- W__: intention of carrying out the plan
-Was considered n__ g__: m__ (of caring for his brother) >l__.
Lester Zygmanik
premeditation
deliberation
willfulness
not guilty, morality>legality
Another Mercy Killing Ends in Prison Sentence:
Dr. J__ K__ was not so lucky- after helping __ folks end their lives, he was convicted of __ degree m__ in 1999 in M__. He was recently released.
Physician assisted suicide has been on the books in O__ since __.
jack kevorkian
130, 2nd, murder, Michigan
Oregon, 1994
The Obligation to Help: M__ Imperative or L__ Obligation?
D__ t_ a__ laws create p__ for failing to h__.
The tragic story of K__ G__
-For more than half an hour __ respectable, law-abiding citizens in Queens watched a killer stalk and stab a woman in three separate attacks in Kew Gardens.
R__, Calif. – The gang rape and beating of a __-year-old girl on school grounds after her homecoming dance was horrific enough. But even more shocking, police say, was that up to __ people watched and did nothing to stop it.
G__ S__ laws protect those who render a__ from civil p__.
moral, legal
duty to assist, penalties, help
kitty genovesee, 38
Richmond, 15, 20
good samaritan, assistance, prosecution
Intention in the Law vs. Psychology:
In the law, intention is seen as: “committing an act d__, w__, and k__, as distinguished from committing an act by m__, by a__, by n__, or by c__.”
~But lack of intent does not always serve as a d__.
~I__ act
i.e. “How could I have attempted to kill her if the gun wasn’t loaded.”
~Mens reaction: g__ m__
deliberately, willfully, knowingly
mistake, accident, negligence, carelessness
defense
impossible
guilty mind
Intent in Psychology is more a matter of Motivation:
P__ accidents
~no i__ at all
R__ actions
~i__ but to p__ self
Actions motivated by u__ factors
Actions taken under s__
Actions following h__ suggestion
Actions growing out of s__ transactions
Actions in which the c__ is f__.
Actions directed by c__ intent
pure, intent
reflex, intentional, protect
unconscious
stress
hypnotic
social
consequence, foreseeable
conscious
A Primary Human Motivation:
To understand the c__ of an a__’s behavior
Allows us to p__ and c__ our i__ and our w__. (Heider, 1958)
Yields the study of a__ theory
causes, behavior
predict, control, interactions, world
attribution
Attribution Theory Roughly Divides the World into 2 Types of Causes:
- Those derived from the actor’s d__.
- Those related to the actor’s s__.
Three Attributional E__ (B__):
~F__ Attribution Error
~A__/O__ Effect
~D__ Attributions
disposition
situation
errors, biases
fundamental
actor/observer
defensive
Three Attributional Errors (Biases):
1) Fundamental Attribution Error
- An over reliance on d__ factors to explain an actors b__.
Possible causes:
~It is e__/requires fewer cognitive r__.
~Inability to put one’s s__ into the actor’s s__.
~Unwillingness to consider s__ explanations (aka “e__”)
Dispositional, behavior
easier, resources
self, situation
situational, excuses
Three Attributional Errors (Biases):
2) Actor-Observer Effect
When “t__” do something bad, it is because of their d__.
When “_” do something bad, it is because of the s__.
Possible causes:
Different p__.
Lack of i__ about o__.
they, disposition
I, situation
perspectives
information, others
Three Attributional Errors (Biases):
3) Defensive Attributions
This can result in blaming the v__ for their p__. The more s__ the victim is to the observer, the more victim b__ protects the o__ from the perception that a similar f__ can befall the observer.
Related to Belief in a J__ World
victim, plight
similar, blame, observer, fate
just
Self-Protection and justice:
Belief in a Just World:
- Belief that the world is an o__ and p__ place where people get what they d__. (Lerner, 1980)
- Also, a general belief that j__ is the desired/intended o__ of the l__ process.
Belief in an Unjust World:
-U__ W__ V__ Scale
orderly, predictable, deserve
justice, outcome, legal
unjust world views
Belief in a Just World and Belief in an Unjust World are not two p__ of a single c__.
- Prisoners were found to more strongly endorse belief in an u__ world.
- Prisoners and guards e__ endorsed belief in a j__ world.
poles, continuum
unjust
equally, just
E__ vs. E__ in Tension:
Should a person be rewarded/punished in p__ to their c__?
Or, should people be compensated/punished e__?
Which is more j__?
equity, equality
proportion, contribution
equally
just
