Abstract
Ethical egoism, as a theory, points out to the nature of the agents of morality to act out of their self-interests. The theory of ethical egoism spans across the various fields of life for many human beings with the human beings exhibiting the egoistic perspective appearing to be selfish or narcissistic with their ethical interests appearing to have to be a priority ahead of the other people’s. One of the areas exhibiting the presence of ethical egoism is criminal justice. An example of a scenario involving ethical egoism in criminal justice is a magistrate sentencing a convicted murderer to life imprisonment based on the judge’s open hatred towards murderers. Impliedly, the judge will be imprisoning the wrongdoer based on personal prejudice and the belief that other people have to act in a way that he or she thinks is correct. Different scholars have presented different views on the theory of ethical egoism. Different scholars from various perspectives have discussed ethical egoism. One of the perspectives is the differentiation of criminal justice from Lex talonis, which is the eye for an eye justice administration method. The other perspectives cover the morality in bioethics, privatization and increase in the fame of various businesses, and the advancement of the white-collar crimes in organizations.
Ethical Theories
Criminal Justice Versus Lex Talonis
Criminal justice differs from retaliation in multiple ways. Heffernan (2019) differentiates between criminal justice and what is called Lex talonis, or merely the eye for an eye model of delivering justice as primarily contributed to by the law books of the bible in Christian faith. The researcher then defines criminal justice as the act of delivering justice based on the already imposed laws by some form of government. The imposed laws to inspire the administration of justice, therefore, enhance the orderliness of dealing with criminal offenders. Heffernan (2019), therefore, differentiates between Lex talonis and criminal justice in the light of ethical egoism that has continued to influence the legal decisions that various professionals have implemented regarding the various cases. The researcher implies that the perceptions of criminal justice change from an individual to another as they expose themselves to the various scenarios that justify or are against ethical egoism.
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What is more is that Heffernan (2019) believes that many magistrates, judges, and other professionals in the decision-making capacity may operate from a view of Lex talonis more often than not. According to the definition of ethical egoism as an ethical theory, such individuals operate from a level that appeals to their moral standards. The law enforcement individuals may also operate from a view that is influenced by the popular beliefs regarding the decision of such cases. Therefore, their role in criminal justice appears to be dictated by their personal beliefs and emotions towards a particular situation or case. Heffernan (2019) reports that criminal justice that is influenced by ethical egoism bears similarities to the Lex talonis system of justice administration, which affects the impartiality of the judges in the long run. Therefore, the researcher believes that ethical egoism affects the credibility and the quality of judgments made at the courthouse.
Ethical Egoism and the Advancement of White-Collar Crimes
A critical evaluation of the ethical egoism theory provides a more in-depth understanding of the white-collar crimes and the decisions that are made by different authorities to combat the crimes. The review also provides an analysis of the conceptualizations of the target businesses regarding corporate crimes and their causes. According to Taştan (2019), white-collar crimes in the various organizations are linked to business ethics, stakeholder theory, and the other theories of crime that relate to workplace activities. From a perspective differing from that of Heffernan (2019) above, Taştan (2019) introduces the effects of theories such as ethical egoism on the white-collar crimes that continue to affect modern workplaces. Taştan (2019) also seeks to identify the organizational, psychological, and situational factors that contribute to the existence of white-collar crime. From an organizational perspective, the antecedents of white-collar crime are the perceptions of the organizational climate among the offenders and the opportunities to bend the rules.
According to Taştan (2019), ethical egoism introduces the idea of having chances for rule-bending, as evidenced by individuals agreeing with what they think is best, even if it is morally wrong. Therefore, in such a case, a critical review of the ethical egoism theory holds that it perpetrates the white-collar crimes and therefore exacerbates the criminal justice issue that has been prevalent in the past many years (Taştan, 2019). The opportunities for bending the various organizational rules act as the loopholes that promote the increase in ethical egoism that further complicates the administration of criminal justice. When the renowned organizations provide their employees with a chance to bend the rules that they have set, the judges are often in a dilemma when they have to decide the cases regarding the corporate crimes that the organizations present in the course of their business. As they combat the white-collar crimes, judges and other professionals have to take into consideration the rule-bending chances and the business climate, which should not affect their impartiality in deciding the cases.
Privatization of the Businesses and Ethical Egoism
The exacerbation of corporate crime as it relates to criminal justice is linked to the privatization of the various organizations that have been found to affect the views on economic output. Sirait (2017) reports that the privatization of the businesses also affects the growth of the economy and the development of corporate activities, which improve the legal position of the organizations. According to Sirait (2017), the privatization of the business and its legal position changes lead to an implementation of the procedures related to criminal law. Therefore, the researcher points out ethical egoism related to the improper implementation of the criminal law.
The privatization of the businesses leads to the lenience of the law on different levels, which implies that the directors of the businesses and the judges involved in their cases act in favor of their interests either regarding the business or their beliefs. For example, if the privatized businesses are involved in a lawsuit, judges may rule out their cases based on the knowledge that they have on famous brands in different regions. Such a ruling may create an ethical dilemma in the field of criminal justice in the light of the explanations that Sirait (2017) provides to build on the issue of ethical egoism. The increased economic output of the various businesses, fueled by their increased legal status for the directors and the organization, increases the impartiality of the judicial system. As a result, the judicial system may be in favor of successful businesses.
Ethical Egoism and its Effect on Morality in Bioethics
Morality in bioethics is one of the most discussed topics as it gives away the various weaknesses that characterize the dilemmas that face criminal justice as judges and magistrates unveil the cases involving ethical breaches. Häyry (2019) reports that the concept of moralism in bioethics does not merely indicate the acceptance and implementation of the universally agreed on principles of ethicality. Various individuals perceive morality in bioethics as an exaggeration of the good ethical concerns which reveals the entrenched beliefs of the ethical egoism in support of the various values by different individuals (Häyry, 2019). fundamentally, the exaggeration of the good values about morality in bioethics means that various decision-makers in the judicial system may only highlight and uphold the seemingly good side of the ethical beliefs which affect the impartiality of their work in deciding cases that touch on morality in bioethics. Häyry (2019) also notes that morality in bioethics further reveals ethical egoism in the discussion of the ethics being applied where they do not belong for the sake of various people and organizations being reported that they applied the ethics.
Therefore, in the case of professionals in the criminal justice field applying ethical considerations inappropriately, the impartiality of the case decisions may be affected, which may create even more ethical dilemmas (Häyry, 2019). The researcher, therefore, insinuates that the views of morality in bioethics differ from an individual to another, with some of the people being deep into ethical egoism as they uphold ethics. For example, if a judge decides on a case based on their beliefs from many years ago, their morality standards may have been overtaken by time owing to the changes that take place in the bioethical field. Therefore, the decision may have an inappropriate application of ethics that affect the credibility of the decisions that originate from the cases. The current view of moralism in bioethics, therefore, promotes ethical egoism and may need changes to ensure that it is relevant to the current criminal justice situation.
References
Heffernan, W. C. (2019). Thinking About Criminal Justice. In Rights and Wrongs (pp. 15-37).
Palgrave Macmillan, Cham.
Häyry, M. (2019). Justice and the Possibility of Good Moralism in Bioethics. Cambridge
Quarterly of Healthcare Ethics , 28 (2), 236-263.
Sirait, T. M. (2017). The Implementation of Procedural Law of Responsibility Enforcement of
Corporate Crime in Integrated Criminal Justice System. Jurnal Dinamika Hukum , 17 (3), 342-349.
Taştan, S. (2019). White-Collar Criminals and Organizational Criminology: Theoretical
Perspectives. In Ethics in Research Practice and Innovation (pp. 296-322). IGI Global.
