Positive Philosophy in Law Thomas Essay

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However, before doing that, it is pertinent that a number of factors are considered. These include what such people think is right or wrong, how they relate to other people, and what they care about. People vary in their propensity to engage in crime just like they vary in their morally and self-control. This underscores the role environment plays in an individual's development. Such factors have to be factored in when handing down sentences to convicts.

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Some people can take to attacking others and causing significant injury because the environment they stay in makes it a norm. Crimes like battery are linked to temptations and provocations. Certain microenvironments produce higher levels of temptation, provocation, and deterrence than others. Cognizance has to be taken of the fact that certain behavior settings are more criminogenic than others hence offenders who come from certain neighborhood are likely to be tempted or provoked. Such offenders have very weak deterrence. For such offenders, punishments should not be applied across the board because of the difference in circumstances. Necessary steps should be taken to ensure that deterrence is upheld. The pattern of social activities and social relationships can have a bearing on ones morality and self-control. A community's cultural characteristic has profound effect on conditions for social life and control in the community because people who grow up in such communities will develop their individual characteristics relevant to their future propensity to offend (Lahey, Moffitt & Caspi, 2003).

Lack of essential resources can constrain human development and action. Individual and institutional resources constitute a community's capital. Communities often vary in their level of resources like access to resourceful relationships, access to and quality of child care, schools and medical facilities (Lahey, Moffitt & Caspi, 2003). Communities with weak social and economic resources are commonly referred to as disadvantaged.

TOPIC: Essay on Positive Philosophy in Law Thomas Assignment

Resources that a community has will determine the routine behavior of the community residents (Lahey, Moffitt & Caspi, 2003). Given that community resources are experienced and utilized by community residents in the behavior settings created by community routines, it is probable that lack of education and proper health care can drive somebody into crime. It is extremely difficult to survive in the 21st century without necessary skills. When such people are sentenced, it is important that they are given some vocational training that can make them relevant in the society after serving their sentence to term (Lahey, Moffitt & Caspi, 2003).

References

Lahey, B.B., Moffitt, T.E. & Caspi, A. (2003). Causes of Conduct Disorder and Juvenile

Delinquency. New York: Guilford Press.

Murphy, J.B. (2005). The philosophy of positive law: foundations of jurisprudence. New… [END OF PREVIEW] . . . READ MORE

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Positive Philosophy in Law Thomas.  (2012, August 13).  Retrieved July 30, 2021, from https://www.essaytown.com/subjects/paper/positive-philosophy-law-thomas/6395634

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"Positive Philosophy in Law Thomas."  Essaytown.com.  August 13, 2012.  Accessed July 30, 2021.
https://www.essaytown.com/subjects/paper/positive-philosophy-law-thomas/6395634.