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PHI FPX 2000 Assessment 3 Applied Critical Theory:

PHI FPX 2000 Assessment 3 Applied Critical Theory

Applied Critical Theory

Critical theory is based on the concept that power and control structures generate social inequity and injustice. The proposed measure in a US express that seeks to provide police the authority to arrest anyone affiliated with being an undocumented immigrant is a contentious subject. During traffic stops, the measure intends to require citizenship proof. This study examines the ethical issues of the proposed law using critical theory and proposes remedies using normative theory (Robyn Eckersley, 2024).

Essential Interests of the Partners

The measure establishes police jurisdiction over citizenship confirmation. As a result, police officers can hold illegal individuals during routine traffic stops. In this ethical dilemma, the two key parties are civil rights organizations and law enforcement authorities.

Organizations for Civil Rights The American Civil Liberties Union is a civil rights organization that primarily protects people’s civil liberties and rights. These organizations argue that the proposed measure normalizes discrimination and police profiling while disregarding the Fourth Amendment of the US Constitution (Sidebari, 2020). They are afraid that the Act will encourage law enforcement officials to conduct racial profiling, thereby causing innocent people to be harassed and unfairly detained.

PHI FPX 2000 Assessment 3 Applied Critical Theory

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Law Enforcement Agencies

The fundamental objectives of law enforcement agencies are to protect the people and uphold the law. The offices argue that the new measure will provide them with the tools to combat illegal activity and protect the country’s influence (F. Schiliro & K.-K.R. Choo, 2020). They believe the measure will help them identify and remove dangerous persons from the country since they are concerned that unauthorized immigrants threaten national security.

Law enforcement agencies and civil rights organizations share a concern for public safety and a dedication to maintaining the rule of law, therefore their interests are inextricably linked. Civil rights organizations say that law enforcement should focus on protecting the liberties and rights of all citizens. In contrast, law enforcement agencies argue that in order to ensure public safety, they need the right to arrest and imprison suspected illegal immigrants (Abrego et al., 2020).

Related Assessments:

PHI FPX 2000 Assessment 1 Applying Ethical Theory

PHI FPX 2000 Assessment 2 Business Ethics and Corporate Responsibility

Ethical Conflict and Applications of Critical Theory

Critical theory examines social and political issues to identify power inequalities and achieve social justice. It views society as a dominating system in which individuals in positions of authority utilize their influence to maintain control over disadvantaged groups (Main, 2023).

The fundamental premise may be used to analyze power disparities and identify how certain groups are privileged while others are marginalized. The basic race hypothesis (CRT) is an important hypothesis that emphasizes the intersection of race, power, and regulation. According to Britannica (2020), CRT, race is a social construct used to perpetuate authority and privilege for specific groups.

The CRT would claim that the proposed measure marginalizes immigrants and people of color while retaining white Americans’ authority and privileges. CRT urges that the proposed bill standardize prejudice and promote racially ordered progressions by allowing police to engage in racial profiling and biased actions. Feminist theory is another critical theory that might be used to address the ethical problem in the case. Feminist theory identifies and challenges gender inequities by viewing social, political, and economic concerns through a gender lens (Tong, 2021).

According to feminist theory, the proposed measure marginalizes women and children, who may be disproportionately harmed by law enforcement’s discriminatory tactics, strengthening patriarchal power structures in the situation. Domestic abuse and human trafficking are prevalent among women and children. The proposed measure may discourage people from seeking assistance from law enforcement due to a delusional fear of being ejected (Ministry of Justice, 2022).

Ethical conflicts When examining the scenario’s ethical contradiction, the desire to curb illegal immigration and defend civil rights collide. The proposed measure forcing policemen to provide proof of citizenship during regular traffic stops and granting police powers to arrest anybody linked with being an illegal settler promotes racism and police profiling (Vienna, 2024).

While the majority of voters support police having the authority to check and validate citizenship status, a comparable number of voters express concern that this analogous power will most likely be used to violate the social rights of actual American residents. Social equality organizations have vehemently opposed the measure, claiming that it standardizes racism in general and police profiling in particular.

PHI FPX 2000 Assessment 3 Applied Critical Theory

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The hypothesis of Women’s Liberation

It is essential to analyze what the proposed measure would entail for women and children in order to adapt the moral argument for women’s rights to the current circumstances. Feminist theory identifies and challenges gender inequities by viewing social, political, and economic concerns through a gender perspective. In this circumstance, the proposed measure may have a disproportionate impact on women and children.

The fear of being deported and having no legal assets can leave undocumented migrant women more vulnerable to violent conduct at home and illicit exploitation. The proposed measure might subject US residents or legal residents, including women and children, to racial profiling and harassment, infringing on their civil freedoms (ACLU, 2024).

If the measure is enacted, it may make it difficult for police enforcement and the community to trust one another. It might further exacerbate gender inequality by excluding disadvantaged populations. Feminist theory outlines policies that encourage diversity in law enforcement, help victims of abuse, and protect all persons’ rights. Policies must protect the rights and liberties of all people, regardless of race, gender, or nationality, in order to overcome the ethical problem in the scenario. This involves ensuring that everyone is treated fairly under the law, providing support for victims of violence, and promoting diversity in police enforcement.

Traditional Theory of Normative Ethics

The scenario’s ethical problem can be handled using the classical deontology theory. Deontology focuses on the fundamental rightness or wrongness of actions, independent of their consequence. Even if they result in a favorable conclusion, Deontology holds that certain activities, such as violating an individual’s rights, are intrinsically bad and should be avoided.

Deontology would argue that violating individuals’ civil rights, regardless of citizenship status, is intrinsically bad and should be avoided in the context of the proposed measure. The measure violates individuals’ basic rights to privacy and protection from discrimination, both of which are essential for a just and equitable society (United Nations, 2020). As a result, despite the anticipated benefits of reducing illegal migration, the proposed measure should not be passed. Deontology’s resolution addresses various aspects of the classical idea of virtue ethics. Individuals’ moral characteristics are based on virtue ethics and the cultivation of moral qualities such as courage, honesty, and fairness.

The scenario’s deontological conclusion is consistent with justice, a moral virtue that promotes fair and unbiased treatment. It also follows the universalizability principle, which holds that ethical norms should apply to everyone and that individuals should treat others as they would like to be treated (McCombs School of Business, 2024). The proposed measure disregards this ethical rule by victimizing people based on their citizenship status. The purpose of Deontology is to uphold the moral ethic of universalizability by treating all persons honestly and equitably, regardless of their experience or identity.

PHI FPX 2000 Assessment 3 Applied Critical Theory

Conclusion

The incident highlights the moral quandaries that arise while attempting to settle the issue of the undocumented movement while maintaining social justice. The proposed deontological resolution promotes civil rights and equitable treatment of people, whereas feminist ideology focuses on the marginalization of vulnerable communities. Policymakers may resolve this ethical issue fairly and universally by encouraging diversity in law enforcement, offering assistance for victims of violence, and assuring equitable treatment under the law.

References

Abrego, L., Coleman, M., Martínez, D. E., Menjívar, C., & Slack, J. (2020). Making Immigrants into Criminals: Legal Processes of Criminalization in the Post-IIRIRA Era. Journal on Migration and Human Security5(3), 694–715. https://doi.org/10.1177/233150241700500308

ACLU. (2024). Racial Profiling. American Civil Liberties Union; ACLU. https://www.aclu.org/issues/racial-justice/race-and-criminal-justice/racial-profiling

Britannica. (2020). Critical race theory. In Encyclopaedia Britannicahttps://www.britannica.com/topic/critical-race-theory

Schiliro, & K.-K.R. Choo. (2020). Law Enforcement Agency – an overview | ScienceDirect Topics. Www.sciencedirect.com. https://www.sciencedirect.com/topics/computer-science/law-enforcement-agency

Main, P. (2023, June 15). Conflict Theory. Www.structural-Learning.com; Structural Learning. https://www.structural-learning.com/post/conflict-theory

McCombs School of Business. (2024). Deontology. Ethics Unwrapped; The University of Texas at Austin. https://ethicsunwrapped.utexas.edu/glossary/deontology

Ministry of Justice. (2022). Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measures Achieving Best Evidence in Criminal Proceedings: Guidance on Interviewing Victims and Witnesses, and Guidance on Using Special Measureshttps://assets.publishing.service.gov.uk/media/6492e26c103ca6001303a331/achieving-best-evidence-criminal-proceedings-2023.pdf

Robyn Eckersley. (2024). The Ethics of Critical Theory. Oup.com. https://academic.oup.com/edited-volume/34331/chapter-abstract/291356242?redirectedFrom=fulltext&login=false

Sidebari, L. (2020). CRS Legal Sidebar Prepared for Members and Committees of Congress Racial Profiling: Constitutional and Statutory Considerations for Congresshttps://crsreports.congress.gov/product/pdf/LSB/LSB10524

Tong, R. (2021). Feminist Theory – an overview | ScienceDirect Topics. Sciencedirect.com. https://www.sciencedirect.com/topics/social-sciences/feminist-theory

United Nations. (2020). Universal Declaration of Human Rights. United Nations. https://www.un.org/en/about-us/universal-declaration-of-human-rights

Vienna. (2024). ADDRESSING RACISM IN POLICING – REPORThttps://fra.europa.eu/sites/default/files/fra_uploads/fra-2024-addressing-racism-in-policing_en.pdf

PHI FPX 2000 Assessment 3 Applied Critical Theory

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