Applied Critical Theory
The proposed bill in a US express that tries to give police powers to capture anybody associated with being an undocumented migrant is a combative issue. During traffic stops, the bill is intended to require citizenship proof. The proposed legislation’s ethical conflicts are examined in this paper using critical theory, and normative theory is used to offer solutions (Bietti, 2020).
Essential Interests of the Partners
The bill gives police a locale over the confirmation of citizenship. allowing undocumented citizens to be detained by police during routine traffic checks as a result. In this ethical conflict, civil rights organizations and law enforcement agencies are the two primary stakeholders.
Organizations for Civil Rights The American Civil Liberties Union is a civil rights organization that focuses primarily on safeguarding individuals’ civil liberties and rights. These associations contend that the proposed bill standardizes bigotry and police profiling and disregards the fourth amendment of the US Constitution (Kurdyla, 2022). They are concerned that the legislation would make law enforcement officers more likely to use racial profiling, which could cause innocent people to be harassed and wrongfully arrested.
Law Enforcement Agencies
The primary goals of law enforcement agencies are to protect the public and enforce the law. The offices contend that the proposed bill will give them the instruments to check unlawful movement and safeguard the nation’s sway. They believe that the bill will assist them in identifying and removing dangerous individuals from the country, as they are concerned that those undocumented immigrants may pose a threat to national security (Serchen et al., 2020).
PHI FPX 2000 Assessment 3 Applied Critical Theory
Law enforcement agencies and civil rights groups share a concern for public safety and a commitment to upholding the rule of law, so their interests are intertwined. Civil rights groups argue that law enforcement agencies ought to concentrate on safeguarding the liberties and rights of all individuals. In contrast, law enforcement agencies assert that in order to guarantee public safety, they require the authority to arrest and detain suspected undocumented immigrants (Dijk et al., 2019).
Ethical Conflict and Applications of Critical Theory
Critical theory is a perspective that looks at social and political issues to find power imbalances and promote social justice. It sees society as a dominant system in which those in power use their power to keep marginalized groups under their control (Few et al., 2020).
The basic hypothesis can be applied to dissect power uneven characters and distinguish how certain gatherings are favored while others are minimized. The basic race hypothesis (CRT) is an indispensable hypothesis that spotlights on the convergence of race, power, and regulation. According to Mitchell (2020), CRT, race is a social construct created to maintain control and privilege for particular groups.
CRT would argue that the law marginalizes immigrants and people of color while maintaining white Americans’ power and privilege in the proposed bill. CRT recommends that the proposed bill standardizes prejudice and supports racially ordered progressions by permitting policing to take part in racial profiling and prejudicial practices. Feminist theory is another critical theory that can be applied to the ethical conflict in the scenario. Gender inequalities are identified and challenged by feminist theory, which looks at social, political, and economic issues through the lens of gender (Breen et al., 2019).
The feminist theory contends that the proposed bill marginalizes women and children, who may be disproportionately affected by law enforcement agencies discriminatory practices, thereby reinforcing patriarchal power structures in the scenario. Domestic violence and human trafficking are more common among women and children. The proposed bill might hinder them from looking for help from policing because of a paranoid fear of being ousted (Enns et al., 2020).
PHI FPX 2000 Assessment 3 Applied Critical Theory
Ethical Conflicts When analyzing the scenario’s ethical conflict, the need to control illegal immigration and protect civil rights clash. The proposed bill requiring the profs of citizenship during routine traffic comes by cops and allowing police powers to capture anybody associated with being an undocumented settler organizes bigotry and police profiling (Ferstman, 2020).
While the greater part of the electors support police having the ability to pause and confirm citizenship status, a similar extent of electors reports worry that this equivalent power will probably abuse the social liberties of genuine American residents. Social equality associations have uproariously fought that such a bill standardizes bigotry overall and police profiling specifically.
The hypothesis of Women’s Liberation
To apply the basic hypothesis of woman’s rights to the moral struggle in the situation, it is fundamental to dissect what the proposed bill might mean for ladies and youngsters. Gender inequalities are identified and challenged by feminist theory, which looks at social, political, and economic issues through the lens of gender. In the situation setting, the proposed bill may lopsidedly influence ladies and kids (Enns et al., 2020).
Undocumented migrant ladies might be more helpless against aggressive behavior at home and illegal exploitation because of the dread of removal and the absence of legitimate assets. The proposed bill might subject US residents or lawful occupants ladies and youngsters to racial profiling and provocation, abusing their social liberties (Humm, 2021).
PHI FPX 2000 Assessment 3 Applied Critical Theory
If the bill is passed, it might make it harder for law enforcement and the community to trust each other. It might also make gender inequality worse by excluding vulnerable groups. Policies that promote diversity in law enforcement, support victims of violence, and safeguard the rights of all individuals are outlined in feminist theory (Humm, 2021). Policies must safeguard the rights and freedoms of all individuals, regardless of race, gender, or nationality, in order to resolve the ethical conflict in the scenario. This includes making sure everyone is treated equally under the law, giving victims of violence resources, and encouraging diversity in law enforcement.
Traditional Theory of Normative Ethics
The scenario’s ethical conflict can be resolved using the traditional theory of deontology. Deontology emphasizes the inherent rightness or wrongness of actions, regardless of their outcomes. Even if they result in a positive outcome, certain actions, such as violating an individual’s rights, are inherently wrong and should not be undertaken, according to Deontology (Silva et al., 2020).
Deontology would argue that violating the civil rights of individuals, regardless of their citizenship status, is inherently wrong and should not be done in the case of the proposed bill. The bill goes against individuals’ fundamental rights to privacy and protection from discrimination, both of which are necessary for a just and fair society (George, 2021). Subsequently, the proposed bill ought not to be authorized, no matter what the expected advantages of lessening unlawful movement. The traditional theory of virtue ethics is satisfied in some respects by the resolution offered by Deontology. Individuals’ moral characters are centered on virtue ethics and the development of moral virtues like courage, honesty, and justice.
The scenario’s deontological resolution is in line with justice, a moral virtue that emphasizes fair and impartial treatment. It also adheres to the universalizability principle, which asserts that ethical principles ought to apply to everyone and that people ought to treat others the way they would like to be treated (Kwemarira et al., 2022). The proposed bill disregards this ethical guideline by victimizing people in view of citizenship status. The goal given by Deontology maintains the moral code of universalizability by treating all people reasonably and fairly, no matter what their experience or identity.
Conclusion
The situation features the moral contentions that emerge while endeavoring to resolve the issue of the undocumented movement while maintaining social equality. The proposed deontological resolution prioritizes protecting civil rights and treating individuals fairly, whereas applying feminist theory places an emphasis on the marginalization of vulnerable populations. Policymakers can address this ethical conflict in a just and universal manner by promoting diversity in law enforcement, providing resources for victims of violence, and ensuring equal treatment under the law.
PHI FPX 2000 Assessment 3 Applied Critical Theory
References
Bietti, E. (2020). From ethics washing to ethics bashing. Proceedings of the 2020 Conference on Fairness, Accountability, and Transparency, 210–219. https://doi.org/10.1145/3351095.3372860.
Breen, D., & Meer, N. (2019). Securing whiteness?: Critical Race Theory (CRT) and the securitization of Muslims in education. Identities, 26(5), 595–613. https://doi.org/10.1080/1070289x.2019.1589981.
Dijk, A. J., Herrington, V., Crofts, N., Breunig, R., Burris, S., Sullivan, H., Middleton, J., Sherman, S., & Thomson, N. (2019). Law enforcement and public health: recognition and enhancement of joined-up solutions. The Lancet, 393(10168), 287–294. https://doi.org/10.1016/s0140-6736(18)32839-3
Enns, C., Díaz, L. C., & Davis, T. B. (2020). Transnational Feminist Theory and Practice: An introduction. Women & Therapy, 44(1-2), 16 https://doi.org/10.1080/02703149.2020.1774997–16.
Ferstman, C. (2020). Human rights due diligence policies applied to extraterritorial cooperation to prevent “irregular” migration: European Union and United Kingdom support to Libya. German Law Journal, 21(3), 459–486. https://doi.org/10.1017/glj.2020.29
Few, D. A. L., & Allen, K. R. (2020). Gender, feminist, and intersectional perspectives on families: A decade in review. Journal of Marriage and Family, 82(1), 326–345. https://doi.org/10.1111/jomf.12638
George, K. M. (2021). Kant? Deontology as a critique of Africa? Ideological ambiguity. Estudos Kantianos, Marília, 9(2), 81–92. https://philpapers.org/rec/GEOKDA
Humm, M. (2021). The Dictionary of Feminist Theory. Edinburgh University Press. https://doi.org/10.1515/9781474469401
Kurdyla, V. (2022). Advocating for Transgender immigrants in detention centers: cisnormativity as a tool for racialized social control. American Behavioral Scientist, 66(13). https://doi.org/10.1177/00027642221083531
Kwemarira, G., Ntamu, D. N., Nsereko, I., & Balunywa, W. (2022). Deontological ethical orientations and Public interest in Government schools. Public Organization Review. https://doi.org/10.1007/s11115-022-00682-1
Mitchell, T. A. (2020). Critical Race Theory (CRT) and Colorism: A manifestation of Whitewashing in marketing communications? Journal of Marketing Management, 36(13-14), 1–24. https://doi.org/10.1080/0267257x.2020.1794934
Serchen, J., Doherty, R., Atiq, O., & Hilden, D. (2020). Racism and health in the United States: A policy statement from the American College of Physicians. Annals of Internal Medicine, 173(7), 556–557. https://doi.org/10.7326/m20-4195
Silva, E. M., Ramos, M. O., Alexander, A., & Jabbour, C. J. C. (2020). A systematic review of empirical and normative decision analysis of sustainability-related supplier risk management. Journal of Cleaner Production, 244, 118808. https://doi.org/10.1016/j.jclepro.2019.118808
