Moral Realism and Kantian Constructivism

Abstract. This paper questions nearly every major point Christina Lafont (2004 ) makes about “the validity of social norms” and their relation to moral realism and Kantian constructivism. I distinguish realisms from theories of objective or subjective knowledge, then from cognitivism. Next, I distinguish Kant and constructivism from Rawls' political constructivism. Finally, I propose clues for an alternative theory of moral constructivism.     

IMAGES OF GOD AND PUBLIC SUPPORT FOR CAPITAL PUNISHMENT: DOES A CLOSE RELATIONSHIP WITH A LOVING GOD MATTER?*

This study argues that the nature and intensity of a person's relationship with God creates a transposable cognitive schema that shapes people's views toward public policies such as executing convicted murderers. In this context, we investigate whether Americans who report having a close personal relationship with a loving God are less likely to support the death penalty. We hypothesize that such a relationship tempers the tendency to see punitiveness as an appropriate response to human failings. Individuals who hold a loving God image are more likely to believe that God responds to those who have “failed” or “sinned” by demonstrating unconditional love, forgiveness, and mercy. Accordingly, support for capital punishment is problematic because it contradicts the image of a merciful, forgiving deity; God's purpose—and admonition to believers—is to demonstrate compassion toward those who have trespassed against others. We test these possibilities using the 2004 General Social Survey (GSS). Controlling for a range of religious factors and other known predictors of death penalty attitudes, the results show that Americans with a personal relationship with a loving God are less likely to support capital punishment for convicted murderers.     

The Politics of Legal Representation: The Influence of Local Politics on the Behavior of Poverty Lawyers

This article explores the influence of local groups on the strategies employed by poverty lawyers in representing clients. Data collected from one suburban legal services program suggest that despite attitudinal predispositions to initiate law reform litigation, poverty lawyers are constrained in their use of social reform strategies by local organizations opposed to such activity. I argue that politics inevitably affect poverty lawyer behavior due to the nature of legal services work and programmatic features of the national Legal Services Corporation. I assess the implications of these findings for federal control of local programs.     

THE INFLUENCE OF DELINQUENT PEERS: WHAT THEY THINK OR WHAT THEY DO?*

Although the association between delinquent friends and delinquent behavior is well established, the mechanism by which delinquency is socially transmitted remains unclear. Sutherlands theory of differential association holds that delinquency is a consequence of attitudes favorable to the violation of the law, attitudes that are acquired through intimate social interaction with peers. An analysis of data from the National Youth Survey indicates that peer attitudes do affect delinquency. But the effect of peers'attitudes is small in comparison to that of peers behavior, and the effect of peers'behavior remains strong even when peers, attitudes and the adolescent's own attitude are controlled. Moreover, when the behavior and attitudes of peers are inconsistent, the behavior of peers appears to outweigh or override the attitudes of peers. These findings suggest that delinquency is not primarily a consequence of attitudes acquired from peers. Rather, it more likely stems from other social learning mechanisms, such as imitation or vicarious reinforcement, or from group pressures to conform.     

THE DECLINE OF ELITE HOMICIDE

Criminological research consistently shows that interpersonal homicide is largely confined to low-status people. Yet, anthropological and historical materials reveal that in earlier and simpler societies homicide was found throughout the status hierarchy. Using theory developed by Donald Black, I argue that a critical factor in the decline of lethal conflict among social elites is the increased availability of legal means of handling conflict. An implication is that since a focus on modern societies and their developed legal systems yields a limited and even distorted empirical picture of lethal violence, criminologists should strive to formulate theories that are cross-cultural and historical in scope.