Friday, March 29, 2019
Immoral behaviour: Punishable Under Law?
Im deterrent example behaviour Punishable down the stairs Law?In this essay I will look at behaviours and acts that atomic number 18 considered scrofulous by the general population and whether they are nonresistant to be punish by the constabulary. It will focus on moral principles and its affects and look ats on nightspot. I will focus on key degenerate behaviours and work ons that are juralised or turnised differently to the UK and see whether certain legislations stick help to shape the view on worship of the public or whether it is the publics attitudes that commence changed the fair play of natures. For example it is scrofulous as well up as unkind to walk by a person in convey, on the continent this is known as the Bystander legality whereby if there is a person in danger where you could be of care and do non help and that individual dies then you could be liable for prosecution. This law does not exist in the UK which suggests that although an obvious un lawful action or behaviour, is still legal. to begin with addressing this sayment, a primary question must be asked What is morality?Morality is defined by Strawson (1961) as rules or principles goerning human behaviour which apply univers entirelyy within a community or class it is a code of behaviour that is ignorant and classified by a higher beingness. Morality is how groups of individuals interact with each other to create a society in which everyone backside function freely and amicably. Breaking these rules set by this higher figure is doing unconventional and thus being criminal so creating and environment with a insufficiency of handicapony or unity. There is also a definition of morality based on the norms and values set by a piety or individual that must be adhered to. Catholicism for example believes that divinity is the Supreme Being that has set down the rules and regulations of life within the ex Commandments. Followers of this religion believe that brea king some(prenominal) of these Ten Commandments would restrain you a sinner and be sent to purgatory at death. In the set about of unearthly morality, should an individual breaking these moral codes be inculpatory chthonic evil law? However, it is evident that m whatsoever moral codes either from an infixed or religious background are enshrined within the Law, be it cultivated or Criminal.The handicap Principle states that an activity stubnot be criminalised simply because it is regarded as baseborn Herring (2008 28) Many however, have argued with this prospect in coincidence to the interests of society. Fox hunting is a widely acclaimed debate with activists stating that it is immoral to by design kill an animal for recreation and the hunters stating it is natures hierarchy. However aside from these deuce briny view points, is another in terms of Social immorality, whereby allowing this crude cheer diminishes society, creating a less civilised one which condones bar barianism. Lord Devlin has argued that the state can use the criminal law to protect a society from losing its reek of unity and solidarity thus an immoral act should be punishable if it is in the best interests of society and the people in it.Throughout the last century, laws have changed and acts have been passed to keep up with the changing moral compass of society and to keep in conjunction with human rights. The Suicide Act of 1961 is an authoritative legislation that has help to shape the Criminal Law we have today. Before this Act was passed, a person who committed suicide would not run across the life policy necessary. After the abolition of suicide as a curse, any life insurance payment would be made as long as the policy had been taken out 1 class prior to the death. This act came about due to the changing attitudes of society on Suicide. Homo familiarity is another moral offence that was one time criminalised below UK law but now isnt. The Homosexuality Act of 1967 stated that gayness was legal as long as the take part individuals were over the age of 21, had provided adept consent and was in the privacy of their own homes. This change came about, again due to new societal beliefs, and evidence provided by the Wolfenden Report. The report found that homosexuality was not a disease and did comply with full and able amiable health. Both homosexuality and suicide are still considered widely immoral by religious sectors and individuals committing either of these acts should be punished by criminal law as well as on a eldritch basis by religious Super- beings.In accordance to Lord Devlin and societal morality, neither of these actions is creating chaos in society, so should not be criminalised. religious morality has very specific regulations that are generally engageed by those that get along that religion, an individual who is not of that religion or who is not religious in any shape or form should not be punished under their rules. An a ct that is harmless to society such as homosexuality should not be given an imprisonment sentence because it does not follow the regulations set by Allah or God. From when these deeds were illegal pre 1960 to now the twenty-first century, there has been greater knowledge and acceptance by society, and the individuals outlook is no longer confined to religious beliefs.A highly ethical as well as moral topic that is not criminalised under any form of the law is Abortion. A get under ones skin may legally bring to abort her unborn child up to week 24 of the pregnancy as long as it has been signed off by two doctors. The Abortion Act of 1967 did not legalise miscarriage but only create a defence for those wishing to have one. This act has been updated once through out the eld, bringing the maximal limit down from 28 weeks to 24 weeks. Legally, a foetus inside the stomach is not still deemed a child or a human being until he/she is born and thus can be protected under the Law. Und er social morals, abortion is not immoral it is the decision of a mother up to 6 months of pregnancy as to whether she wants to terminate. The guidelines state that abortion can be carried through regardless of the mothers or childs health whether it is good or bad, and it has to be done in a qualified and suitable establishment. In terms of religious morality, the termination of life is murder. As soon as the egg turns into a foetus life has began and terminating it prematurely and unnaturally should be criminalised. There are statistics to show that at 23 weeks, 44 of 283 children survived and at 24 weeks 198 of 474 of babies survived. Of the 201,173 abortions in England and Wales in 2006, 1,262 were at 22 weeks or more. A study at University College London Hospital found that only 33% of babies born between 22 and 25 weeks survived in 1980 whereas ten years later there is 71% of survival (Kirkup 2008). Two major questions that need to be asked is should abortion be under any for m of the law e.g. civil law and if so, should it be criminalised. In my opinion, this immoral act should first of all be punishable under criminal law as well as civil law, whether an individual holds any sort of belief on this topic it is immoral to murder an unborn child up to 6 months of pregnancy because they dont want it. The law should be changed to firstly lower the maximum abortion limit to the 1st trimester, secondly to only allow abortion up to 6 months if either the mothers or childs health is in sober danger, and thirdly any individual not complying with these regulations to be punished under a criminal law.Moving on are actions that are considered immoral and wrong by the majority of any population that are punishable under civil law but not under criminal law in the UK. Adultery is an example of this, whereby it can be utilize for grounds of divorce but in Europe is a not ground for imprisonment or any other form of penalty. From a piece in the British Journal of S ociology, it shows that many British females have strong views on infidelity believing that it is immoral to cheat on her spouse. Even with these strong beliefs, the majority of the females with this view have had at least one adulterous liaison. In the US however, 94% of Americans disapprove of adultery. In the US, adultery is punishable under criminal law, an individual found guilty of infidelity can get up to two years of imprisonment. In many Muslim countries however, the price of infidelity is far greater, where women are lapidate to death if caught cheating on their married mans. If adultery were criminalised the percentage of individuals committing the knowingly immoral act may decrease, thus providing a more harmonious and moral society. Adultery is a widely acclaimed immoral act that needs to be punished as not only does it breaks the sacred bonds between husband and wife but also dissipates the meaning of marriage in society. harassment is deemed immoral and in fact is i llegal. Anyone proved guilty in any country of the world will be subject to imprisonment of over 18 months. The focus of this immorality is the difference between Sado masochism and the paroxysm performed by individuals or groups of individuals at Guantanamo Bay prison. There seems to be no concord in how torture seems to be punished under the same law. Kelman (20058) states that torture is considered illegal and immoral by the international community that it is a crime under the U.N. Convention against Torture which has been adopted by the General throng in 1984. Even though this law seems to be clear, any positive in the Guantanamo Bay prison torturing a terrorist suspect is not punished under the law, whereby a group of individuals are intent for being Sado-Masochists in the privacy of their own home seen in Reg V Brown. An name in the New York Review, written by Anthony Lewis shows evidence from a sketch report to the Secretary of Defence which states that Americans who t orture captives can escape penalty if they can prove they did not have an intent to cause trim physical or mental pain or suffering (Lewis 2004). facial expression at this quotation in relation to the Reg V Brown example where the defendants willingly participated in the commission of acts of violence against each other, including genital torture, for sexual pleasance which stimulated the giving and receiving of pain. Here the so called torture reliable was consensual, and all acts were performed private locations, hitherto were still convicted of Actual Bodily Harm contrary to region 47 and Unlawful Wounding contrary to Section 20 of the Offences against the Person Act 1861. Both torture for sexual pleasure and torture as an interrogation technique are immoral yet are not litigateed similarly in terms of the law. Officers who treat suspects in such a vile way should be imprisoned for Actual Bodily Harm as there is intent to harm and Unlawful Wounding just as the males who we re Sado masochists.It is difficult to state whether all widely immoral issues should be punishable under the criminal law however what we have found is that certain actions such as adultery and abortion are criminalised in other countries around the world asunder from the UK and the view of the public regarding its moral status is different to those of the British. It is evident to state that actions that are solely immoral in the eyes of a religious person cannot be and should not be punishable as it does not protect the individuals human rights and individual decisions. From this account we have seen that even immoral as well as illegal acts for example torture are not punishable in the same degree according to who the participating figures are. Before asking the question should all immoral acts be punishable, the punishment for the already illegal and also immoral actions needs to be reconciled and fair.
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