Introduction

In this lesson three major categories of moral development theories will be presented: biological, learning and developmental theories. Biological theories are interested in uncovering biological characteristics that hold sway over moral behavior. Learning theory holds that moral development of an individual is directly related to the individual’s surroundings or environment. Developmental theories back the concept that moral development is directly related to such elements as physical, cognitive, and emotional development. This lesson will also focus on Kohlberg's theory of moral development as well as Gilligan's feminist review of his research. In this lesson, we will also discuss the connection between moral beliefs and behavior, while stressing that such a connection is not a reliable predictor of human behavior. Subcultural and official ethics will be presented with a focus on the varied methods to teaching ethics in the criminal justice setting. This lesson will assess the manner in which moral development theories have been used to treat criminal offenders as well.

Also to be addressed will be the difference between concepts of law and justice. The focus of this section will be to demonstrate how adherence to law may not, at all times, generate righteous and moral results. The principal mechanisms of justice - fairness, equality and impartiality - will be discussed as well as the differences between distributive and corrective justice. While distributive justice focuses on developing a method for distribution of commodities when they are scarce, corrective justice concentrates on how individuals should be disciplined for misconduct. Along with Rawls's theory of justice, two other theories of corrective justice to advance our grasp of crime and punishment will be introduced: Substantive and Procedural justice. On the one hand, substantive justice attempts to identify that which is considered fair punishment. On the other hand, procedural justice looks to circumscribe that which is deemed a fair process by which guilt may be determined. As a final point, two different paradigms will be presented to advance the student's insight into the role of law in our society - consensus and conflict paradigms.

Objectives

After completing this lesson, you should be able to:

Identify the three types of moral development theories and list their core features;
Describe the link between moral beliefs and behavior using both learning theory and developmental theory;
Explain the different approaches to teaching ethics to criminal justice professionals;
Identify the difference between law and justice;
Recognize the difference between distributive, corrective, and commutative justice;
Describe the main components of justice and identify various theories of distributive justice;
Distinguish between substantive and procedural justice.

Theories of Moral Development

Philosophers, psychologists and criminologists have all advanced various theories regarding the way(s) people become moral (or immoral). At the core are three basic theories: Biological, Learning, and Developmental. Biological theories attempt to explain development of moral behavior by seeking to discover biological characteristics that influence moral behavior. It has been determined that the frontal lobes of the brain influence an individual's capability for moral reason and compassion. Research has also determined that males are more prone to crimes of violence and are less inclined to demonstrate sympathy and understanding than do females. Biological criminology is but a single contribution to research on how biology influences moral development.

Cesare Lombroso (1835-1909), physician and author of The Criminal Man (1876), has had great influence in biological theory. When performing autopsies he claimed to notice various physical characteristics and came to the conclusion that anyone possessing a certain number of these characteristics was a born or atavistic criminal.

Lombroso claimed that not all humans have evolved and that, in fact, some devolve or return to a brutish primitive or atavistic state. He stated that persons classed as atavistic were evolutionary throwbacks and born criminals who could be identified mainly by facial and head features such as head shape, pronounced noses, cheekbones and lips. His work lead to what became known as the science of phrenology.

An example of the influence of this pseudo-science can be found in Fowlers Self-Instructor in Phrenology (1889) . Fowler began his career as a traveling phrenologist "reading heads" in the Northeastern United States. In 1838, he opened what he termed a Phrenological Museum and not long afterwards began publication of the American Phrenological Journal. Although biological theory fell from favor during most of the 20th century, it has been making a gradual resurgence as medical science continues to unlock the secrets of human DNA.

Learning theory posits that moral development occurs as the result of the environment to which an individual is exposed. Modeling is a way in which others can be taught moral behavior. For example, children often mimic the behavior of their parents as well as mannerisms and beliefs. The same can also be said for other influential figures such as friends and prominent personalities.

Another aspect of learning theory is reinforcement. Moral or immoral behavior can be learned when a particular behavior, moral or immoral, receives positive or negative reinforcement. For example, a child who receives praise and adulation from their parents and/or other significant persons for good school performance is receiving positive reinforcement. Through positive reinforcement it is hoped that the child will enjoy the feeling of praise and will want that feeling repeated thereby creating a desire to continue to work hard in school. On the other hand, a person who commits crime and is subsequently found guilty and sentenced to a prison term is the recipient of negative reinforcement. The purpose of negative reinforcement is to persuade a person to cease engaging in a particular behavior. The foundation of the learning view can be traced to Gabriel Tarde. He stressed the concept of social learning by way of his three laws of imitation: close contact, imitation of superiors, insertion. The first two laws of imitation are used in Sutherland's theory of differential association. Burgess and Akers later expanded Sutherland's theory into social learning theory.

Cognitive dissonance theory postulates that there is a propensity for people to try to find consistency among their beliefs. When a contradiction occurs between attitudes or behaviors, dissonance is said to exist, and the person is propelled to remove the dissonance. In the event of an inconsistency between attitudes and behavior, it is highly probable that the attitude will be altered to adapt to the behavior, often accomplished through rationalization. For example, police officers are sworn to uphold the law, which includes the U.S. Constitution. Police officers who perform illegal searches or commit perjury must overcome their knowledge of violating the law they have sworn to uphold. Most often, this dissonance is wiped away with Noble Cause. In Noble Cause, police officers knowingly violate the law because they have substituted the belief to uphold the law with the belief to do what is necessary to get the job done.

Psychologists Jean Piaget and Lawrence Kohlberg endorse the view that moral development adheres to a corresponding path to physical, cognitive, and emotional development. They hold that humans develop through various phases of moral development from egocentrism to cooperativeness. People achieve greater levels of moral development as they acquire the capacity of abstract reasoning. The model developed by Kohlberg has three levels of moral reasoning: Preconventional, Conventional, and Post-Conventional. The Preconventional Level depicts moral reasoning prompted by worry for oneself. In the Conventional Level, moral reasoning is characterized as concerned with adhering to rules and executing one’s responsibilities linked with particular roles. The Post-Conventional Level depicts moral reasoning concentrated on shaping the universal good.

Those who stand opposed to Kohlberg claim that the levels center almost exclusively on the notion of justice and rules. They also note that his assertions are heavily dependent upon reason as the basis for moral development without taking emotion into consideration. Also, neither does it account for cultural differences in moral development, nor does it justify the disengagement between moral reasoning and behavior.

Gilligan called attention to the gender-influenced makeup of Kohlberg's research, in that he only studied young males. Gilligan noted in her research that she found a connection between a care perspective and females. She developed the concept of different morality for women and girls rather than understanding women's moral reasoning to be less developed than males.

Reference

Ethics, Behavior, and Criminality

Although there has been wide-ranging research on the subject, the relationship between moral belief and behavior is conflicting. Despite the claims of some, it is uncertain whether moral beliefs can serve as a valid predictor of moral behavior. Although some research does demonstrate a connection between honesty scores and theft, other research failed to find a connection between values and behavior. One difficulty may be measuring moral beliefs. Also, developmental and learning theories have a tendency to explain the research in this area differently.

Their exists within the criminal justice field doubt whether and at what time ethics can and should be taught. There is a strong belief by some that the United States is experiencing a decline in morality. A moral education was considered as an important part of a college education during the 19th century. Although, ethics courses are seldom mandatory in current college level curriculum, ethics permeates all aspects of professional education in business, law, and medicine.

Ethics education is important in the field of criminal justice. Notice that the term "training" was not employed. There is a distinct difference between training and education. Training suggests a stimulus and response. Education goes much deeper than reflexivity. Education denotes the expression and absorbing of concepts and ideas and not an "if this, then this" type of training. Also, there exists a vast difference between the official ethics espoused by an organization and subcultural ethics. What might be called academic versus real world education.

Disagreement also exists between those who claim that a criminal justice ethics education should occur at the outset of an individual's career in criminal justice. Those espousing this position fear that people already working in the criminal justice field will taint new hires, who will then succumb to the subcultural ethics of a particular organization. On the other hand, learning theorists hold that ethical behavior needs to be rewarded if it is to be expected. In any case, criminal justice ethics education must be thorough and stress the importance of analysis and critical thinking if it is to be successful.

Theories of moral development and ethics education can be applied to the study of crime. Though not all criminal behaviors are immoral, criminology is linked to research in moral development. It has long been held that criminals were morally lacking; consequently prison programs stressed moral education. After a long hiatus from moral education, correctional programs are again finding appeal in moral reasoning.

Ethics...

Origins of the Concept of Justice

While law and justice are associated concepts, they possess divergent definitions that often do not have common characteristics. For example, justice is not one and the same as "good." It is a concept that focuses on fairness and rights, not charity or needs. The history of justice has its origin in the Greek language. The Greek word dike communicates the idea of remaining in your allotted place or role. Plato described justice as upholding society's order as each individual carries out his or her expected role. Aristotle singled out several categories of justice, identifying that which would be considered honorable in certain circumstances.

Components of Justice

There are three major types of justice: Distributive, Corrective, and Commutative. Distributive justice is equity-focused, centering on the manner in which the benefits and problems of society should be allocated. Corrective justice is related to how individuals should be punished for misdeeds. Commutative justice focuses the method of achieving a fair decision between people when one believes s/he has been mistreated.

Be it distributve, corrective or commutative justice, there exist shared ideas coupled with characterizations of justice. Perhaps the first idea of justice experienced and perceived by youth is fairness. Often perceptions of unequal treatment between siblings will generate friction between them and their parents. Equality pertains to uniform treatment of others people or disseminating goods and services evenhandedly. Although it may be considered part of equality, impartiality pertains to dealing with others devoid of bias or prejudice.

Distributive justice involves mounting a system whereby goods and services are dispensed fairly when scarce. Need and dessert are two criterion for determining to whom the benefits and problems of society should be conferred. Egalitarian theories hold that all persons in a society are entitled to like portions of goods and services, while Marxist theories posit that distribution of goods and services must be based on need alone. On the other hand, libertarian theories call for the distribution of goods and services to be based on individual merit and contribution with no outside intrusion from government. Finally, utilitarian theories call for goods and services to be distributed on the basis of that which is best for general good of society.

Distributive justice is primarily concerned with equal and fair allocation of such things as compensation, right of entry to education, and the ability to gain access to employment. Rawls’s theory of justice brings together rudiments of many of these theories of distributive justice. For example, all benefits present in a society should be disseminated equally with but one exception: that any system of distribution that would provide goods and services for the least advantaged should be chosen over an equal system of distribution. Rawl’s example of the veil of ignorance assists us in understanding that when we are unaware of our position in society, a system of equal distribution is the one that benefits society and us the most because it is the most fair.

Corrective justice centers on how individuals should be punished for misconduct. Substantive justice looks to circumscribe that which would be considered fair punishment. Under this rubric, the punishment meted out should be in proportion to the misconduct.

Commutative justice seeks out a middle ground whereby a person who may believe that s/he has been treated unfairly achieves a just resolution to a problem. Such occurrences usually involve situations in which certain conditions have not been met to satisfy a previous arrangement. While retributive justice searches for equilibrium between the crime and the punishment, utilitarian theories of corrective justice seek to develop punishments that will deter crime. Procedural justice attempts to delineate a fair procedure for a finding of guilt before punishment. Because rules or laws may not always be just, procedural justice helps define what would be a fair use of law. Due process is a notion in the United States legal system that mandates just and systematic treatment of persons accused of misconduct. However, it is not at all uncommon to find procedural and substantive justice in conflict.

Components

Paradigms of Law

There exist two basic points of view on the operation of law in our society: consensus and conflict. The consensus paradigm is allied with the concepts of the famous sociologist, Emile Durkheim. He characterized consensus paradigm as law that has a unifying force in society. As such, that which the consensus of society characterizes as misconduct is classified as crime. He noted that repressive law functions to preserve social cohesion, and that law is an instrument for settling disputes objectively.

On the other hand, conflict paradigm portrays law quite differently, falling back on Marxist notions of power. In this way, law is viewed as an instrument of the powerful in society. Laws are created by the powerful for the purpose of maintaining their power. As such, those in power define crime so that it benefits their special interests. This also permits the powerful to use law to define political action of the oppressed in the apolitical language of crime. Pluralism is an adaptation of the conflict paradigm that looks to supply a more intricate statement of the function of law in society. Roscoe Pound held that those in power look to protect their turf. Various groups seek to influence those in law-making positions to protect:

any threat to their group;
their social institutions;
exert their brand of morality on others;
secure their personal way of life.

As such, particular interest groups in society identify law, and although these interest groups possess power, their power relative to other interest groups will change over time. Examples of this can be seen as the various political parties acquire or loose power after particularly contentious elections.

Lesson 3: Developing Moral and Ethical Behavior (Printer Friendly Format)