We, the People and Legal Morality
A primal division in how people view crime refers to a clear objective concept about
actions that everyone agrees are bad, or whether they believe that crime is a subjective concept and a social construct subject to interpretation by privileged groups. (1) The goal in a crime model is to help better understand this complex phenomena. A common assumption made about crime is that we all agree that it is a bad thing. Sociology recognizes this assumption and dubs this attitude and understanding in being the consensus model of crime. Consensus implies that there is a general agreement on what behaviors to outlaw.(2) Crimes are morally repugnant acts that a majority of citizens agree must be stopped by legal force.The alignment of public morality and criminal law is a key component of the consensus model. In this model, widely held religious beliefs about right and wrong and good and bad go towards the basis for a legal code. The consensus model can be expanded to show that criminal laws reflect not just local standards, but a larger consensus of humanity. (3)
Conceptual Problems across Cultures
There are two major problems to contend with in the consensus model and the theory of repugnance. The first problem is that many forms of disgust are culturally influenced. Cultural influence is a dynamic concept which largely depends on social context and belonging.The elements of context and belonging are often rooted in determinants such as race, ethnicity, gender, social status, employment, education, and even religion. While race and sex correlate with human biology, all other determinants intersect with the social forces which shape and give meaning to our perceptions about culture.(4) Predation by a nation-state over another and terrible war crimes may be perceived by some societies and cultures to be repugnant and unjustified, whereas other societies may consider such actions a right in self-defence and morally justified. (5) Some people are disgusted by interracial marriages and even more appalled by same-sex unions, whereas some societies tolerate such social behaviors and relationships as acceptable. (6)
The moral dilemma in such a discussion to contend with is that if certain forms of disgust is innate, it does not give emotions an unquestioned moral standing. Surgery, dissection of cadavers, menstruation, changing diapers, and eating certain foods are all activities considered disgusting by many people. Yet, this perception does not mean that we should correspondingly outlaw activities considered appalling by some members of society.Various forms of disgust correlate with human biology and physiology and are tolerated then as mundane actions that intersect with the procedures of life. Our tolerance towards sociological determinants though must be gauged in retrospect of existential determinants and what intersects with the necessities of life such as safety, food, water, shelter, and human
reproduction and procreation. Severe deficiencies in these determinants serve as an existential threat to humanity. Although humanity’s disgust at many crimes is very understandable, disgust alone cannot be a moral guide to punish without legal and morally just procedure. To do so would deprive such people of the determinants of human existence and certainly plunge a segment of humanity into almost non-existence. (7)
Opinionated Morality, Crimes and Aspirations of the People
Criminal activities by states and corporations are difficult to criminalize for a number of reasons. Such criminal activity is often perpetuated by those who have rank in society, and hold an amount of trust. People trust the social—political leadership of their communities and society, and don’t necessarily hold leaders responsible for decision-making which is not in the best interest of the state or greater democratic goals.(8) At times though, we do hear of public inquiries into matters of leadership and corruption, and even about those facing impeachment by bodies of representation. However, despite these processes in administering justice,fairness, and accountability, many harmful outcomes of state sponsored activities are seen and felt years later and sometimes even far from home. Therefore, the harmful effects of criminal activity and the repugnance of death and destruction is not seen and felt at home and in-person by citizens of our communities.(9) Wars by way of predation are often dubbed special military operations at home, while the outcome away from home is devastating in loss of life and destruction of civilian infrastructures. Furthermore, civilian populations at home are not shown any amount of the chaos, death, and everything else repugnant manifest. Thus, populations are often oblivious to the realities of such wars.(10)
At times, legislation, lack of jurisdiction, or the means to make resolutions effective
prevents state compliance and allows sponsored crimes to continue without prosecution. National security interests and regulation allow departments to control the flow of information and its sources. Measures of social control are used to shape popular opinions about good and bad, just and unjust, and repugnant and acceptable. Having jurisdiction over a matter is simply about having a legal mandate and obligation into matters concerning a problem or dilemma. The means to make a resolution effective is much about having the ability in resources of people, funds, and effective force to ensure compliance from all parties concerned. Corporations, for example, often work with federal authorities in order to authorize drilling, mining, excavation, and deforestation. Although rights groups may consider their acts
violations and inherently wrong, legislation and state sponsorship protects states and corporations from prosecution. As a result, many such industries are promoted in the interest of economy, development, and employment. (11) Likewise is the example of the military industrial complex. Although predation by nation-states over others is terrorism manifest, national security interests and foreign policy through effective legislation allows for the sale, donation, and procurement of deadly weapons to be used in order to wage war. Socio-political alliances allow for intelligence gathering, sharing, and planning towards common goals.. A lack of jurisdiction and the means to make resolutions effective may prevent opponents, adversaries, and even concerned entities from having any mandate or the means to intervene. (12)
Although social measures exist in society and shape popular opinions about good and bad, just and unjust, and repugnant and acceptable, our perceptions about these elements are culturally influenced and shaped by the social forces that surround us. Cultural influence is a dynamic concept which largely depends on social context and belonging. (13) To make whatever is bad into good and amicable one must influence the culture of bad and the social forces which correlate with it. Popular opinions about this good must also be seen and understood in being just that. Having many such social forces working towards common goals results in cultural influence and a change in people’s perceptions. In retrospect, public morality, good behaviors, and human perseverance with the determinants of life go towards beneficence and against maleficence. The continuance of such efforts is our progress as humankind and our humanity manifest. (14)
References
- Eisler, L., Haines, F., White, R., “Crime & Criminology’, Oxford University Press, 2018,
- Ibid.
3. Ibid.
4. Ibid.
5. Pinker, S.. “The Better Angels of our Nature’, pg.509.
6. Ibid.
7. Ibid.
8. SOCI2816, Theories in Criminology, Laurentian University, 2022.
9. Ibid.
10.Pinker, S., pg.509.
11.Ibid.
12. Chomsky, N., “Power Systems”, pg.97.
13.Khawaja, M., “On Cultures, Subcultures, and Belonging’. The Times, August, 2023,
https://thetimes,com.au/world/24545—-north-american—longing-to—cultures—and-—sub-cultures
- Ibid.
Mohammad Momin Khawaja is a Sociologist and a Journalist: Member of the Canadian Sociological Association (CSA) and Member of the International Center for Journalism – ICFJ Global Network, Washington, D.C. USA. A graduate of Laurentian University in Sociology, he writes on current issues of cultural studies, social justice, criminology, philosophy,history and problems of indigenous social welfare system and human development. He is author of numerous publications including, Women in the Ancient World (Lambert Academic Publication, 2023), Philosophy and Ethics; and A World Community: Diversity in Cultures and Values (2024). He recently published: “North American Colonization of Indigenous People, Cultures and System of Social Welfare.”
