Morality, Social Control And The Law

Question 1

What were the two types of morality stated by Vauclair and Fischer 2011?

Answer 1

Dishonest-illegal: clear cut for morality, more universal

Personal-sexual: more affected by cultures and can vary greatly

Question 2

What word does crime originate from?

Answer 2

Karma - signifies action through which an individual might be judged

Question 3

How did the Middle Ages view crime?

Answer 3

As a conscious act against god

Question 4

How were you punished in the Middle Ages?

Answer 4

Harsh punishments on the body as the body was a “vessel” of god and their body was possessed

Question 5

What are the two criteria that have to be met for an act to be considered a crime?

Answer 5

Actus Reus

Mens Rea

Question 6

What is Actus Reus?

Answer 6

Voluntary perpetration of the crime

Question 7

What is Mens Rea?

Answer 7

The intention to commit the crime

Question 8

What types of crimes do not involve Actus Reus or Mens Rea

Answer 8

Accidental manslaughter
Coercion
Mental health illness that cause them to be unaware

Question 9

What is Mala in Se?

Answer 9

Natural law - directly impacts someone’s life

Murder rape assault theft

Question 10

What is Mala Prohibita?

Answer 10

Human Law - law as social control, context dependent, can change over time
Traffic violations, illegal drug use, prostitution, gambling, copyright infringement

Wrong only because a statute says it is

Question 11

What did Kerman and Hamilton find in the My Lai massacre study? 1989

Answer 11

Servicemen who engaged in the massacre felt no remorse for murdering civilians, even children. They were ordered to do so and therefore what they did was not wrong in their eyes.

Conflict between law and morality

Question 12

To obey authority there are three criteria that must be met

Answer 12

Rule - power of authority
Role - legitimacy of authority
Value - guided by moral principles (understand that the authority is moral and that we must trust them)

Question 13

What are the stages of Kohlberg’s Moral Reasoning? (6)

Answer 13

Pre-conventional
Conventional
Post-conventional

Question 14

Kohlberg - pre-conventional stage?

Answer 14

Is about yourself

1) based on avoiding punishment and obeying perceived authority figures
2) egocentric, one’s own needs are of greatest importance. Reasoning is based on the perceived balance of reward and punishment

Question 15

Kohlberg’s - Conventional

Answer 15

About family and people around you

3) determined by other people’s need, with personal relationships assuming importance
4) based on maintaining society’s rules and laws in order to keep society in order

Question 16

Kohlber’s - Post-conventional

Answer 16

Higher order

5) underpinned by an understanding that society’s laws are a contract between the individual and society. However, under certain circumstances these laws can be broken
6) determined by self-chosen ethical principles that are consistent over time and situations, and these may over-rule society’s laws if they come into conflict with each other