Are you looking for deontology examples? The common law judication courts ( England) in the realm of criminal law are not effective in deciding cases as it has an absurdly harsh view with regards to the defendants in defences. Which deals with the defence of the defences when a crime is done to show justification for the crime.

The courts believe in the archaic notion that it is better to suffer than be the cause of suffering, as certain crimes cannot be forgiven for [dentology] has to lead the defences to be held absurd.

This in turn leads to many issues, predominantly the inequitable treatment of the defendants in cases. Which is an irony. This is because of the fact the judicial system prides itself on upholding equity and fairness. However, the courts themselves treat the defendants inequitably due to this notion.

This article will discuss what is deontology and utilitarianism. It will be done with references to the cases of defences. This is done to show the absurd results and the reason to favour utilitarianism.

Law School Series

Dentology is a philosophical view that certain actions are not justifiable and are considered morally wrong. A good example and contemporary one is in a fictional scenario in  Avengers Infinity War when Thanos tried to destroy half of the world’s population for the great good of the planet.

Which may encompass things such as not stealing, killing or anything that is viewed as unsavoury to society.

This would contrast utilitarianism by Jeremy Bentham and   J .S .Mill, where it would be okay, to do the unsavoury act for the greater good.

A real-life example would be in the Bush Presidency where the shooting of the plane during the attempted attack on the Pentagon during 9/11 was justified despite the brutality and loss of civilian life in the plane.

Deontology vs utilitarianism

Now it can be seen that the UK and the US to some extent follow the school deontology in defence cases where there is brutality involved as opposed to utilitarianism.

As seen in R v Dudley and Stephens, by  Lord Coleridge CJ view where it was held the killing and eating of a sick cabin boy to save the defendants was not a defence.

Similar in R v Axtell, “ where treason was not a defence to protect the victim if it involves killing the Monarch. In  US v Holmes by  Baldwin CJ the throwing overboard of all the young unmarried men to make more room for the other people like the women and children in the raft.

Deontology Examples

Even in minor cases like Southwark LBC v Williams. The breaking into a house for warmth by the reasoning of Lord Denning would open a Pandora’s box through which lawlessness would flow.

Despite this, the courts would generally try to use policy as a reasoning or a hypothetical argument ie Lord Denning’s argument on the policy of pandora box, but it is observed in these cases the courts generally decide in a pro-Deontology view that is influenced by the Anglican /Christian view of murder being unacceptable.

It can be submitted that the courts should and ought to adopt a more utilitarian. Looking at the precedents above it can be deduced that the defendants did not enjoy, in fact, did not want to do the illegal act. Rather if a better alternative was given the defendant probably would have chosen that route rather than perform the act.

This is supported by Carrado’s “ The Theory of Excuse’  and Robinson’s “Criminal Law Defenses; A systemic Analysis “. This is why certain judication like Italy in the Penal Code Art 52 allows it to be a complete defence. Similarly the penal code in Germany of sections 49 and 50.

Ethics definition

For these reasons, the courts of the common law judication ought to decide in a more utilitarian view. They should be more compassionate to the defendants who committed the offence when it needed to be done.

If other judication like Germany and Italy could do so why not the English court? With the philosophical view discussed.

A good recommendation for the courts would be to approach cases with not only a utilitarian perspective. This is with reference to the cases above. The defendants did not have the cold-blooded to commit the malice rather they were pressured to do so.

In addition, it would be an irony if the courts themselves upheld the concept of equity. As they are not themselves equitable in this very context where the courts would behave inequitably.

Deontology Examples

The judges and jury alike should also go for training. They should be more sensitive to defendants who have committed a crime and be more compassionate in deciding cases.

In addition, the legislative and executive bodies ought to pass legislation where the courts ought not to convict a person who committed a crime in a necessary capacity as illustrated above and rather let them be free.

Also, a social change in society to be more understanding of the defendants of a crime is needed. It can be deduced that one of the reason judges convicted the defendants were due to society’s bold thirsty view towards those who committed a crime.

More public awareness campaigns should be made to be more compassionate to both parties in situations like this. Schools and parents ought to teach this too to transform the younger generation. They should understand most people commit a crime out of necessity, not for the fun of it.

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