Ethics and the Justice Systems

Ethics and the Justice Systems

Introduction

Ethical considerations and justice systems are inseparable aspects of life. It is prudent noting that ethics forms foundations upon which criminal justice system is established. Ethics provides guidance on individuals’ behavior whether good or bad, just or unjust, right or wrong, moral or immoral. In essence, ethics implies the responsibilities, duties or obligations that we are expected to fulfill in our daily activities. Nevertheless, we are always faced with ethical dilemmas in our daily routine, and it remains our sole obligation to make sound decisions that will conform to the justice systems put in place. Failure to conform to the legal system can be detrimental and an expensive process.

Theft is one of the major ethical dilemmas that we face in our daily routine. I am also a victim of the dilemma where I found myself in compromising situation and stealing remained the only option. In our day to day activities, it is normal to face situations that test the strength of our morality and character. Nevertheless, we are at times tempted to act in a way that is both morally and ethically wrong. For example, theft is both morally and ethically wrong but is a common occurrence ion any organizational setup. In my case as a student in Canadian justice system, I have been in a situation where I found myself in a theft scandal. I stole a book that I desperately needed in my course, and I had no cash to purchase a copy. Despite having these facts, I decided to steal his book from the library to help me fulfill my academic aspirations. It is imperative understanding that sometimes it is difficult to make decisions especially when faced with such instances.

 

 

Virtue ethics theory

As aforementioned, a dilemma is a situation that makes it difficult to make a decision that is agreeable to all the interested parties. Virtue ethics is a theory that can help interpret ethical dilemmas and help in decision making. The theory has a great emphasis on the importance of virtues or the moral character of ethical decision making. It is a framework that emphasis on morality in decision making as opposed to duty or utility (Cheeseman, 2011). Virtue ethics theory is a continuation of the work of Plato and Aristotle and they propose that an answer to ethical problems is determined by the actions of the person in question. The involved person must decide the kind of person he or she intends to become.

Aristotle is known to advocate for high virtues, and persons should always strive to maintain the required virtues.  The moral character of a person is the foundations for getting an answer to an ethical question rather than concepts of duty or utilitarianism (Pollock, 2014). It is, however, wise understanding that the theory is not only concerned with individual virtuous actions but also the virtuous character of a person.  There is great emphasis on the presence of virtues within individuals to maintain moral and ethical standards.

Besides the presence of virtues, the theory also requires one to have practical wisdom and “eudaimonia.” The proponents of this theory argue that virtues are not innate or entirely impulsive but instead they are developed as individuals grow. Additionally, they argue that one should always seek happiness in their actions, and it is not wise to take actions that will hinder happiness or flourishing (Turvey & Crowder, 2013). Although the theory fails to give a definite answer to the ethical dilemmas, the theory makes a foundation upon which one can make sound decisions based on moral and virtues.

Application of the theory

Virtue ethics can be of great help in an ethical decision-making process. For a better understanding, it is imperative that we understand what virtues are. Virtue is defined as the trait of character, manifested in habitual action and is good for an individual to possess. Though there is no definite list of virtues that individuals should uphold, it is imperative that we cultivate behaviors that offer high moral and ethical standards. Being in ethics and justice system, it is prudent that we cultivate a culture where our actions promote social justice (Banks, 2013). Although I desperately need the book for my studies, stealing the book from the library is being unjust to other students. Other students also have the right to access the book and fulfill their equally important aspirations.

Also, the ethics virtue theory suggest that ethical decision making based on excellence as opposed to duty or utility. Though stealing the book will satisfy my needs in the course, it remains a fact that stealing is immoral, unjust, unethical and also illegal and subject to criminal justice. The theory offers guidelines that decision making should be based on contemplation of a fundamental question “what kind of person should I be?” (Cheeseman, 2011) I don’t think there is any person who would prefer to be called a thief. It will, therefore, be prudent to make a decision that will make me a person of character and high moral and ethical standards.

It is also worth understanding that the theory advocates for a life full of happiness and flourishes. This is a fundamental part of life since no one would prefer living unhappy life due to reckless decisions that lack moral. According to proponents of ethics virtue theory, a virtuous life is a life full of happiness and flourishes. On this note, a habitual thief is not a virtuous person and is likely to live a dull life full of troubles and sufferings. A thief will always be on the wrong hand of the law where he will be subjected to police hostility or remain in prisons. It is also a possibility that a thief may end up in the hands of mob justice where one may die or have a permanent disability. In case one is not in the legal system or at the mercy of the public, a thief will always be on the run to avoid conviction thus making it difficult for survival (Banks, 2013). With these considerations, it is easy to apply the theory in making a decision that will not affect my happiness.

Virtue ethics forms an important part of our lives that forms the basis of decision making. The virtue theory suggests that moral judgments should supersede rule- based or legal approach. If one acts in morally and ethically acceptable manner, the legal and criminal system will have an insignificant role to play in maintaining law and order (Cheeseman, 2011). Virtue theory advocates that individuals should cultivate a culture of self-discipline and ensure that their actions do not offend others and fulfill their duties as recommended by the rule of law. Wisdom and Virtues develop with age and thus it is paramount that the decision-making process is governed by wisdom and virtues. Breaking rules such as through stealing will result in harsh legal proceedings on the accused, and it would be wise to be proactive while dealing with such instances. Ethics virtues theory advocates for self-governing and maintaining high moral and ethical character.

The ethics virtue theory advocates for excellence in character and development of virtues. Equipped with virtues, one can be able to realize other good things, and one will always find alternatives to achieving what they deem right. For example, it is possible to borrow the book from the library or source funds elsewhere and purchase the book (Dreisbach, 2009). The theory requires that one must pursue happiness and excellence simultaneously. It is, therefore, prudent ensuring that choices we make are not the source of our sufferings.

Conclusion

Although the ethical virtues theory is a great theory used in ethical dilemma questions, it is imperative noting that the theory fails to give a comprehensive solution to ethical questions. For instance, the theory has been criticized for the relativism evident in the theory. There is no distinct definition of the virtues and what is happiness to one person may not be a source of happiness to others. It is imperative that the theory should incorporate concepts of character and virtue that are an integral part of ethical behaviors (Banks, 2013).  Excellence and happy life are also very relative terms that need further elaboration to enhance the applicability of this theory. It is, therefore, prudent to include other theories such as subjectivism, relativism and deontology in solving ethical dilemmas that form an integral part of life. In conclusion, as human beings we are subject life tests, and some are concerned with our morality. Making a moral decision is not an easy one but one must always strive to make the right decision that is morally and ethically acceptable.

 

References

Banks, C. (2013). Criminal justice ethics. Thousand Oaks: SAGE Publications.

Cheeseman, K. (2011). Everyday ethics for the criminal justice professional. Durham, N.C.: Carolina Academic Press.

Dreisbach, C. (2009). Ethics in criminal justice. Boston: McGraw-Hill.

Pollock, J. (2014). Ethical dilemmas and decisions in criminal justice. Belmont, Calif.: Wadsworth.

Turvey, B., & Crowder, S. (2013). Ethical justice. Oxford: Elsevier Academic Press.

 
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