Philosophy





By C. J. Oakes

Code of laws of Hammurabi
Code of laws of Hammurabi (Photo credit: Wikipedia)

Crime, justice, and law are as old as mankind.  Prior to 1829 when Sir Robert Peel convinced the English Parliament to permit him to create the London Metropolitan Police, soldiers were used to arrest and punish those guilty of breaking the laws determined either by the King/Emperor, the ruling parties, or the people.  In some periods, those guilty of breaking laws were either punished with death, dungeons, or fines.

Early Law

In fact, the earliest law code known to man, the Code of Hammurabi of Babylon, listed numerous laws and punishments according to the severity and the rightness, or justice of the crime.  For instance, the concept of an eye for an eye appears to have originated with this Code for a son striking his father was to have his hand cut off (or at least some fingers) and law 196 specifically spells out that if one man puts out the eye of another, his should be removed.  Thus, the philosophy of justice as it is tied to crime and law, is ancient.

The foundation of law has always been justice, but what exactly entails justice has altered from age to age and from one society to the next. About the only common feature of justice is the notion that some actions on the part of people are right and some are wrong. Thus, every society has grappled with justice because not everyone can agree on the simple idea of right and wrong acts.

The Rise of Justice Philosophy

During the Enlightenment period, there were numerous philosophers who put forth ideas regardingl crime control and criminal behavior according to scientific endeavor, rather than according to chance, or so-called, common sense approaches.  Theories were proposed by persons such as Caesar Beccaria and Jeremy Bentham that suggested both the causes of crime as well as the most effective means of punishing crime for the betterment of society as a whole.

In the Philosophy section of CriminalJusticeLaw.org we present arguments of a scholarly nature. We explore Criminal Justice theory alongside theories about human behavior found in Psychology. We believe that only through a joint understanding between the social sciences can we achieve justice in society. Thus, we take an inter-disciplinary approach.

We believe you will find the following essays interesting and useful…

Since the Enlightenment period, theories of the cause of crime have abounded, yet ironically, the more we learn the less we seem to apply.

The Science of Human Behavior and Modern Attitudes

It seems that science and philosophy, at least when it comes to human behavior, is relegated to the catacombs.  Society, led by politicians and irrationality, seems to prefer the ancient ways.  This is ironic considering all that a scientific understanding of the natural world has bestowed upon modern man.




Science has given us this wonderful invention, the Internet, through which we can learn in ways never before imagined by humans.  Science has given us the amazing ability to build robots to make life easier by cutting manufacturing costs immensely.  Science has permitted us to explore the Solar System and place satellites in orbit for many practical uses.  And science has allowed us to cure and nearly eradicate most of the childhood diseases that once stopped the lives of more than half of all children born before the age of five.  Yet, when it comes to the use of science to solve our social ills, such as crime and punishment, economic destruction, and legal justice, we tend to turn away, preferring instead ancient rites and rituals now known to be ineffective.

English: Jeremy Bentham by Joseph Wright
English: Jeremy Bentham by Joseph Wright (Photo credit: Wikipedia)

Part of the blame can fall squarely on politicians, who in both ignorance and willful deceit use criminal justice and law as tools with which to maintain their own power and station.  And part of the blame rests with society for allowing these to fool them into believing in the ancient ways, now disproved by empirical evidence.  And part of the blame rests on the academic community for not engaging both more strongly.

It is my hope, that by reading not only the theories and philosophies of those who have sought to find a better way of structuring law, justice, and society we can all come to a better understanding of the workings of crime and criminal justice.  It is my hope to reach enough people with the truth as science dictates and studies demonstrate that eventually, the lies and myths propounded by unsavory politicians will finally fail to find willing ears.

Is it Better to Inspire or Discover?

It is also my hope to inspire others to dig further into the workings of human nature. Years ago, my plan was to continue my education and receive at least a Master’s in Criminology. Unfortunately, that has been set aside becuse of a lack of time.

I developed a theory years ago regarding human and criminal behavior and have honed it over the years. I have even developed the method by which my theory can be tested, but lack the resources and credentials to carry out the research. Alas, I have but a BS and make my living as a writer.

Because it is good to both Inspire and Discover, we will be adding the following pages to this section of CriminalJusticeLaw.org

Criminology

Chicago School

Classical School

Conflict Criminology

Environmental Criminology

Feminist School

Frankfurt School

Integrative Criminology

Italian School

Left Realism

Marxist Criminology

Neo-Classical School

Positivist School

Postmodernist School

Right Realism

Theories:

  • Anomie
  • Differential Association Theory
  • Deviance
  • Labeling Theory
  • Rational Choice Theory
  • Restorative justice
  • Retributive justice
  • Social Control Theory
  • Social Disorganization Theory
  • Social Learning Theory
  • Strain Theory
  • Subcultural Theory
  • Symbolic Interactionism
  • Transformative justice
  • Victimology

I had hoped to discover the facts myself, but perhaps another will read my theory and inspired, take up the mantle, determining if is correct and if so, changing the world for another generation, hopefully that of my child. It is a worthy ideal I believe, as are all the ideals by philosophers before me.

In any case, we must never forget that all advances in any science started with the ideas of someone. Philosophers are just as needed today as in times past, though many who enter the field, enter the general Philosophy category. This is not the best way to help humanity and the criminal justice field/system. Rather, if you can and have such an interest, get at least a Master’s Degree in Criminology. You will then move into teaching on a University level and more importantly, be in a position to hypothesize about the reasons for various issues we face as a global and national society in relation to crime and criminal justice.

One good place to start if this is an interest for you is by clicking on the banner below. This is a program designed just to help you determine the best Masters Degree Program for you. There is no cost and no obligation. Just great information to help you advance in your career if you wish. I did so myself and have chosen a program, which I will be starting soon (Yippee!). Check it out now and maybe one day we will work together in reasearch.



 

The articles presented in the following segment of pages are devoted to these philosophical ideals. If you have an interest in human behavior, in particular aberrant (criminal) behavior, you will enjoy reading the following article…

Why We Do What We Do? A New Theory of Human and Criminal Behavior by C. J. Oakes

5 thoughts on “Philosophy

  1. Jaycee Dugard Vs Casey Anthony.Jaycee Lee Dugard. Born May 3 1980, Anahiem California, in the sdoahw of Dinsneyland.Casey Anthony. born 1986, Orlando Florida. IN the sdoahw of DIsneyworld.Jaycee’s life would be nothing like a disney fairytale.Casey’s life is a fairytale she invented in her mind.Jaycee grows up with a single mom who she is very tight with.Casey grows up with 2 parents who indulge her and ignore repeated warning signs.Jaycee is kidnapped walking to the school bus on a june morning in 1991. it will be 18 years 2 months and 16 days before she sees her mom or baby sister again.Casey is never kidnapped.Jaycee never finishes the 5th grade. (not her choice)Casey drops out of high school (her choice)Jaycee is raped repeatedly for years and is forced to give birth in a locked shed, with only her twisted and evil tormenters to assist her.Casey is a party girl so much we still dont know who the father is 7 years later. She gives birth with her loving but gullable parents present.Despite her abuse, imprisonment, isolation and lack of education, Jaycee manages to run her kidnappers legitimate printing buisness in attempt to assure her and her girls do not starve.Casey lies, steals, and mooches her way thru life. she betrays her best friend and her parents numerous times.Jaycee does her best to protect her girls from they’re pedophile father.Casey willingly puts her toddler in bed with her and her boyfriend.Despite never finishing the 5th grade, Jaycee uses the internet to keep her girls up to grade level. Casey’s daughter is pretty much being raised by Casey’s parents. Casey seems to have little desire in caylee growing up.Jaycee’s mom spends 18 years worrying fretting freaking out and going insane not knowing if her daughter is alive.Casey’s mom spends 26 years and counting trying to find the best way to cover her daughters crimes.Jaycee lies to the police because she fears they will take her daughters away if they find out her real idenity and that she has no job/money/education.Casey lies to the police because she knows telling the truth will send her to the chair for murder.Jaycee loves her babies that are born out of rape and forced to raise the worst circumstances imaginalbe. She sees them as a gift and the reason she keeps on fighting and surviving.Casey loathes her daughter and sees her as a threat to her party times and beautiful life’. She kills her to get rid of a nusiance.Jaycee is able to reuninte with her family and due to love, therapy, guidance and jaycee’s own persevernce, they are a tight strong united group with a bright future for all of them.Casey uses her parents to lie and get her off the hook for murder. Then she abandons them to go live her beautiful life.’Jaycee writes a memoir about her experiences to help other victims deal with there own horrors. She forms a foundation to help victims and families like her own.Casey dreams of writing a book. No plans for helping others or founding a charity.15 Million people watch Jaycee on tv and then flock to buy her book. She is earnest, dignified, classy, poised and at points even funny.Casey can not get anyone to give her an interview despite her desperate pleas for it. People see her as a fraud, a sociopath and a baby kliler.Jaycee keeps her mom, sister and daughters out of the public eye to protect there privacy as best she can. She knows this is hard to do, because she is public with her charity work. but she does the best she can. (and it is working so far).Casey keeps out of the public eye because everyone hates her. she claims death threats are made to her .whether true or not, she is a pariah that no one wants to see.jaycee recieves an inspiratoin award on march 9th, 2012. It is well deserved. She gives a humble speach where she thanks her mom, her daughters, and other reciepients awarded that night, saying i havent gone thru nearly as much or done as much as any of the women here tonight’Casey is stll awaiting her mother of the year award. (hope she doesnt hold her breath)

  2. I personally know sereval thousand physicians from over 50 medical specialties who practice in maintstream medicine. I do not a single one who believes that a 20 month old fetus does not feel pain. The nervous system is quite developed at this point and ALL evidence – including ultrasounds of abortions in process of younger fetuses clearly demonstrate that the fetus feels pain. Was this answer helpful?

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