1. Criminal Justice 2011
Class Name,
Instructor Name
Date, Semester
Chapter 4:
Is Morality Relative?
The Variability of
Norms and Values

2. © 2012 by Pearson Higher Education, Inc
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OBJECTIVISM & UNIVERSALISM
IN ETHICS
• Relativism
• Ethical Objectivism
- Act is inherently wrong or evil
• Ethical Universalism
- knowledge should be applied to
everyone in every similar situation
- i.e., there are objective moral principles
and that such principles can and should
be applied equally to everyone
2

3. © 2012 by Pearson Higher Education, Inc
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LAW VIOLATIONS
• Mala en se
• Mala prohibita
• Local ordinance violations
• Traffic infractions
3

4. © 2012 by Pearson Higher Education, Inc
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STATUTES BASED ON TWO
TYPES OF CRIMES
Mala in se
Crimes wrong in themselves
Part I crimes of the UCR
Mala prohibita
Crimes defined as wrong because they are prohibited
victimless crimes
Non-criminal
Infractions
City ordinances
4

5. © 2012 by Pearson Higher Education, Inc
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CONTEMPORARY ETHICAL RELATIVISM
• Descriptive and prescriptive relativism
• Normative or prescriptive relativism
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DEFENSIBLE VIOLENCE
Blood feuds
• Most cultures lacking formal criminal justice systems
and laws
Islamic law – honor killings
• Is there any way to objectively state that traditions of
vendetta are morally wrong?
• Can we argue that retaliatory killings by family
members of victims are defensible killings?
• Is the United States system to resolve conflicts
superior? Why?
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7. © 2012 by Pearson Higher Education, Inc
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THREE POINTS OF RELATIVISM
• There is no objective sense of moral right and
wrong
• Morality differs from culture to culture
• Therefore, we should not judge the beliefs
and practices of other cultures
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8. © 2012 by Pearson Higher Education, Inc
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PRAGMATIC MORALITY
• Protagoras – the “father” of what we now
refer to as relativism. “Man is the measure of
all things . . .”
• Pragmatism to allow us to more effectively
and/or comfortably live our lives
• We should understand the practicality and
functionality (effectiveness) of practices and
beliefs
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9. © 2012 by Pearson Higher Education, Inc
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THE VALUE OF RELATIVISM
• Ethnocentrism - perception of the world from
the perspective of one’s own culture or social
group; Can lead to:
• Dogmatism and intolerance
• Dogma - a belief or belief system that is held
unquestioningly and with absolute certainty
• Dogmatism refers to the refusal to entertain
criticisms of or challenges to those beliefs
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10. © 2012 by Pearson Higher Education, Inc
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RELATIVITY LAWFUL & UNLAWFUL THINGS
• Prostitution
Nevada vs. other states
• Comstock Act
contraceptives as obscene material and
placed regulations on their distribution
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11. © 2012 by Pearson Higher Education, Inc
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RELATIVISM AND
THE CRIMINAL JUSTICE SYSTEM
• Harm Principle
• Paternalism
• Legal Moralism
• Offense Principle
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12. © 2012 by Pearson Higher Education, Inc
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RELATIVISM, CRIMINAL JUSTICE, &
MORALITY OF CRIMINAL LAW
• The Harm Principle
justifications for the prohibition of certain types of
behavior
• Paternalism
When governments seek to protect citizens from
themselves
• Legal Moralism
Governments are justified in prohibiting behavior
that is immoral
• Offensive Conduct
Behavior can be legitimately prohibited if it
seriously offends others
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