5 Matching Annotations
  1. Sep 2020
    1. I think in the United States where we have organic solidarity in the sense we are very complex and heterogeneous, individuals' moral preferences should not play any major role in determining criminal punishment. It is, in my opinion, unfair to allow for one person's moral views impact the punishment when myself or another may have a completely different moral viewpoint on the issue.

      I agree, the United States as a whole may be considered "organic" by Durkheim's conception of solidarity. However, within the United States, there are countless communities of "mechanical solidarity," such as small towns, local governments, schools, etc.. Regarding criminal justice or (perhaps more fitting) criminal injustice, there are federal standards which apply to the entire nation, which for some smaller communities may be too forgiving or too restricting (in this sense, federal laws may protect people from possibly harsher local laws). I understand your concern around the few creating policy for the many (and I completely agree!), but state and local governments (which are more "mechanical") possess power in creating local policies and in implementing policies.

    2. Would this be similar to Durkheim's definition of social solidarity? The contractual expectations created by businesses have been so persistent and ongoing that they have been established as norms hence why legal sanctions are not necessary.

      My interpretation of Macaulay's argument (relating to Durkheim's notion of social solidarity) is less contracts-oriented. Business contracts serve as a "safety net" or an "insurance policy" for when social expectations are not upheld. In this sense, the "social contract" holds more weight than the business contract (but yes, the business contract adds context to the social contract). Legal sanctions are only necessary when both contracts are broken.

    3. I haven't been able to come up with an example of an instance or relationship where this idea of an expectation of benefit does not exist, I would be interested to see if anyone else came up with an example?

      I agree, there is ALWAYS personal gain from our actions and our relationships, even if the gain is simply a feeling of satisfaction. In other words, I do not believe in altruism. For example, donating to a cause may be considered "altruistic," but the praise we receive and the pride we feel are forms of personal gain.

    4. A basic example of this is the debate around marijuana legalization and the fact that negative moral implications are still associated with marijuana use even in states where there are no sanctions attached to marijuana use.

      Great example! Other examples include LGBTQ+ marriage rights, reproductive healthcare rights, and workplace and pay discrimination.

    5. Is there a sense of greater morality attached to placing more emphasis on one of the two consciences than the other?

      This is a great question! On one hand, our own strength and conviction will allow us to follow our personal morals, namely when others are unaffected. However, on the other hand, when others are affected, I feel it is much more difficult to put my personal morals over our collective morals. I believe immense, usually unwritten social pressure pushes us to place collective interests over own own.