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Aim: How does the case Queen v. Dudley and Stephens raise issues about law and morality?. Do Now: Consider the following statements. Identify whether they are true or false: It is moral to abide by the law. It is immoral to disobey the law. It is moral to punish those who disobey the law.
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Aim: How does the case Queen v. Dudley and Stephens raise issues about law and morality? Do Now: Consider the following statements. Identify whether they are true or false: It is moral to abide by the law. It is immoral to disobey the law. It is moral to punish those who disobey the law. It is immoral to fail to punish those who disobey the law. Note: Morality is defined as principles concerning the distinction between right and wrong or good or bad behavior. Take out Homework: Civil v. Criminal Law Study Questions: Queen v. Dudley and Stephens
Objectives: • Examine the historical and moral prohibitions against killing. • Discuss the relationship between law and society. • Evaluate whether or not the law should be flexible in how it is enforced or more uniformly applied to all who break it.
Consider the following case: The law that states • ANY PERSON WHO DELIBERATELY TAKES THE LIFE OF ANOTHER IS GUILTY OF MURDER • What happened in The Queen v Dudley and Stephens.
Case Digest Case: (Title: Identify the Parties) Facts: (Important Facts) Issue: (What was the court forced to consider. Be as specific as possible) Holding: (What did the Court decided) Analysis: (What reasoning did the Court use to come to its decision)
Queen v. Dudley and Stephens Questions for Consideration: • Should Dudley and Stephens have been tried for murder and convicted? • What arguments would you make as the attorney for Dudley and Stephens? • What arguments would you make as an attorney for the government? • How should Dudley and Stephens be punished? • What would be the purpose of punishing Dudley and Stephens in this case? (retribution, deterrence, rehabilitation, accountability)
Questions for Consideration: • The Court held that “We are often forced to set up standards we cannot reach ourselves, and to lay down rules which we could not ourselves satisfy. But a man has no right to declare temptation as an excuse nor allow compassion for the criminal to change or weaken the legal definition of the crime.” What did the Court mean by this? Do you agree? • After the verdict, Queen Victoria commuted the sentence to six months imprisonment. Why do you think she did this?
Reconsider the Do Now: • Can an act be legal but immoral? • Examples: • Can an act be morally right but unlawful? • Examples
Consider Kohlberg’s Theory of Moral Development • Kohlberg’s Theory of Moral Development • "Heinz Steals the DrugIn Europe, a woman was near death from a special kind of cancer. There was one drug that the doctors thought might save her. It was a form of radium that a druggist in the same town had recently discovered. The drug was expensive to make, but the druggist was charging ten times what the drug cost him to make. He paid $200 for the radium and charged $2,000 for a small dose of the drug. The sick woman's husband, Heinz, went to everyone he knew to borrow the money, but he could only get together about $ 1,000 which is half of what it cost. He told the druggist that his wife was dying and asked him to sell it cheaper or let him pay later. But the druggist said: "No, I discovered the drug and I'm going to make money from it." So Heinz got desperate and broke into the man's store to steal the drug-for his wife. Should the husband have done that? (Kohlberg, 1963).” • What do you think?
Kohlberg’s theory of moral development • Kohlberg was not interested so much in the answer to the question of whether Heinz was wrong or right, but in the reasoning for each participant's decision. The responses were then classified into various stages of reasoning in his theory of moral development.
Level 1. Preconventional Morality • Stage 1 - Obedience and PunishmentThe earliest stage of moral development is especially common in young children, but adults are also capable of expressing this type of reasoning. At this stage, children see rules as fixed and absolute. Obeying the rules is important because it is a means to avoid punishment. • Stage 2 - Individualism and ExchangeAt this stage of moral development, children account for individual points of view and judge actions based on how they serve individual needs. In the Heinz dilemma, children argued that the best course of action was the choice that best-served Heinz’s needs. Reciprocity is possible, but only if it serves one's own interests.
Level 2. Conventional Morality • Stage 3 - Interpersonal RelationshipsOften referred to as the "good boy-good girl" orientation, this stage of moral development is focused on living up to social expectations and roles. There is an emphasis on conformity, being "nice," and consideration of how choices influence relationships. • Stage 4 - Maintaining Social OrderAt this stage of moral development, people begin to consider society as a whole when making judgments. The focus is on maintaining law and order by following the rules, doing one’s duty and respecting authority.
Level 3. Postconventional Morality • Stage 5 - Social Contract and Individual RightsAt this stage, people begin to account for the differing values, opinions and beliefs of other people. Rules of law are important for maintaining a society, but members of the society should agree upon these standards • Stage 6 - Universal PrinciplesKolhberg’s final level of moral reasoning is based upon universal ethical principles and abstract reasoning. At this stage, people follow these internalized principles of justice, even if they conflict with laws and rules.
What do you think? • What is the significance of Kohlberg’s theory in relation to the case of Queen v. Dudley and Stephens
