What is social contract theory and how has it affected the u s criminal justice system

Control theory provides an explanation for how behavior conforms to that which is generally expected in society.

What is social contract theory and how has it affected the u s criminal justice system

References and Further Reading 1. Socrates' Argument In the early Platonic dialogue, Crito, Socrates makes a compelling argument as to why he must stay in prison and accept the death penalty, rather than escape and go into exile in another Greek city.

He personifies the Laws of Athens, and, speaking in their voice, explains that he has acquired an overwhelming obligation to obey the Laws because they have made his entire way of life, and even the fact of his very existence, possible.

Social Control Theory (Criminology Theories) IResearchNet

They made it possible for his mother and father to marry, and therefore to have legitimate children, including himself. Having been born, the city of Athens, through its laws, then required that his father care for and educate him.

Socrates' life and the way in which that life has flourished in Athens are each dependent upon the Laws. Importantly, however, this relationship between citizens and the Laws of the city are not coerced. Citizens, once they have grown up, and have seen how the city conducts itself, can choose whether to leave, taking their property with them, or stay.

Staying implies an agreement to abide by the Laws and accept the punishments that they mete out. And, having made an agreement that is itself just, Socrates asserts that he must keep to this agreement that he has made and obey the Laws, in this case, by staying and accepting the death penalty.

Importantly, the contract described by Socrates is an implicit one: In Plato's most well-known dialogue, Republic, social contract theory is represented again, although this time less favorably. In Book II, Glaucon offers a candidate for an answer to the question "what is justice? What men would most want is to be able to commit injustices against others without the fear of reprisal, and what they most want to avoid is being treated unjustly by others without being able to do injustice in return.

[BINGSNIPMIX-3

Justice then, he says, is the conventional result of the laws and covenants that men make in order to avoid these extremes. Being unable to commit injustice with impunity as those who wear the ring of Gyges wouldand fearing becoming victims themselves, men decide that it is in their interests to submit themselves to the convention of justice.

Socrates rejects this view, and most of the rest of the dialogue centers on showing that justice is worth having for its own sake, and that the just man is the happy man. These views, in the Crito and the Republic, might seem at first glance inconsistent: These two views are, however, reconcilable.

From Socrates' point of view, a just man is one who will, among other things, recognize his obligation to the state by obeying its laws.

The state is the morally and politically most fundamental entity, and as such deserves our highest allegiance and deepest respect. Just men know this and act accordingly. Justice, however, is more than simply obeying laws in exchange for others obeying them as well.

Justice is the state of a well-regulated soul, and so the just man will also necessarily be the happy man. So, justice is more than the simple reciprocal obedience to law, as Glaucon suggests, but it does nonetheless include obedience to the state and the laws that sustain it. So in the end, although Plato is perhaps the first philosopher to offer a representation of the argument at the heart of social contract theory, Socrates ultimately rejects the idea that social contract is the original source of justice.

Modern Social Contract Theory a. Thomas Hobbes Thomas Hobbes, lived during the most crucial period of early modern England's history: To describe this conflict in the most general of terms, it was a clash between the King and his supporters, the Monarchists, who preferred the traditional authority of a monarch, and the Parliamentarians, most notably led by Oliver Cromwell, who demanded more power for the quasi-democratic institution of Parliament.

Hobbes represents a compromise between these two factions. On the one hand he rejects the theory of the Divine Right of Kings, which is most eloquently expressed by Robert Filmer in his Patriarcha or the Natural Power of Kings, although it would be left to John Locke to refute Filmer directly.

According to this view, then, political obligation is subsumed under religious obligation. On the other hand, Hobbes also rejects the early democratic view, taken up by the Parliamentarians, that power ought to be shared between Parliament and the King. In rejecting both these views, Hobbes occupies the ground of one who is both radical and conservative.

He argues, radically for his times, that political authority and obligation are based on the individual self-interests of members of society who are understood to be equal to one another, with no single individual invested with any essential authority to rule over the rest, while at the same time maintaining the conservative position that the monarch, which he called the Sovereign, must be ceded absolute authority if society is to survive.

Social Contract Theory. Social contract theory, nearly as old as philosophy itself, is the view that persons' moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live. Social Contract Theory on the Criminal Justice System and Private Security Prior to the social contract theory, there was no government body providing laws, order, and protection. Humans were left to protect their own lives and property. The influence of social control theory on actual crime control policy has been less impressive. Social control theories do not support expansion of the criminal justice system. They do not favor larger police forces or lengthy incarceration as crime control policies.

Hobbes' political theory is best understood if taken in two parts: Hobbes has, first and foremost, a particular theory of human nature, which gives rise to a particular view of morality and politics, as developed in his philosophical masterpiece, Leviathan, published in The Scientific Revolution, with its important new discoveries that the universe could be both described and predicted in accordance with universal laws of nature, greatly influenced Hobbes.Between and the Framers of the U.S.

Constitution established a system of government upon principles that had been discussed and partially implemented in many countries The original proponents of the social contract theory, John Locke, David Hume, and Jean-Jacques Rousseau, answered these critics, but not in a way that is .

Social Contract Theory.

What is social contract theory and how has it affected the u s criminal justice system

Social contract theory, nearly as old as philosophy itself, is the view that persons' moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live.

The influence of social control theory on actual crime control policy has been less impressive. Social control theories do not support expansion of the criminal justice system. They do not favor larger police forces or lengthy incarceration as . Indeed, by studying an online Criminal Justice degree, individuals will learn aboutlaw enforcement and, for example, how the U.S.

Constitution and Bill of Rights apply tocriminal law apply in that r-bridal.com is a great range of online degrees catering for students of Criminal Justice from arange of online schools.

Social Contract Theory. It must be a situation in which people’s interests are affected not only by what they do but by what other people it is in everyone’s interest to have a criminal justice system that is effective at prosecuting lawbreakers while at the same time protecting rights of .

The flowchart of the events in the criminal justice system (shown in the diagram) updates the original chart prepared by the President's Commission on Law Enforcement and the .

Social Control Theory (Criminology Theories) IResearchNet