Social Contract In The Criminal Justice System

As stated on page 114 in the book, social contract is defined as “the set of rules, governing how people are to treat one another, that rational people will agree to accept, for their mutual benefit, on the condition that others follow those rules as well” (Williams & Arrigo, 2012). Furthermore, for Social Contract Theory, “the fact that a moral code is to our mutual benefit helps to explain why we have a moral code” (Social Contract Theory. (n.d.)). As it is explained in detailed, “large-scale societies need some mechanism by which to punish those who would defect from their moral and social obligations, and the system of criminal justice is just such an authority (Williams & Arrigo, 2012, p. 114).

Within the definition of social contract, the word rational appears; thus, in order understand the entire social contract theory, I believe that

The color of a person’s skin, whether the person is male or female, or if the person is rich or poor, should not be a factor taken into consideration for the punishment that is to be received. I further believe that this makes it unfair because we all have a rational understanding of our actions; thus, we should all be punished or protected equally based on our actions. Additionally, on page 116, the author provides information on statistics for crimes committed throughout the years, demonstrating the existence of an unjust social contract (Williams & Arrigo, 2012). The information does not show the individual’s moral beliefs nor does it show their individual ethical behavior. Having all of this information in mind, I believe that a rational person will know what is morally right or wrong, as I stated above we all have reason and understanding; however, regardless of our morals or ethics, some of the laws in the justice system “unfairly disadvantage certain groups of people” (Williams & Arrigo, 2012, p.