A simple understanding of life is about balance. Everything is made in pairs and in full balance. The old teachings of good and bad behavior and other forms of balance will remain inherent, whether taught through philosophy, religion, or science. The logic of good and bad behavior is embedded psychologically in the underworld people are aware. To be called bad there must be good. There is no good if there is no bad. In conclusion, if there is crime, goodness will exist. It means that crime can never be eliminated if all human beings desire goodness.
Barnes and Teeters portray crime poetically as disease and death that always repeats. It is like the seasons which are always changing. Crime will continue to exist if society continues to exist. Actually, that opinion is not entirely wrong because every day there are many types of crimes occurring in society. Keep in mind that crime and law enforcement go hand in hand. It means that if a crime occurs, then law enforcement is applied. So far, the law does not appear to be aimed at preventing crime because of many forms and ways of doing it. So, what is the use of the law if it cannot prevent and reduce crime?
Talking about legal objectives, Roscoe Pound argues that there has been a change in the development of legal objectives, from primitive to conservative. The most basic purpose of law is to maintain peace in society. Then, the purpose of law will turn into a tool to maintain state sovereignty, law as a tool of state power and eventually law aims to protect human rights.
The law is not intended to prevent crime. However, it is explained that the law has a goal to protect human rights, such as the right to live in peace and quiet without being disturbed by crime. So, who determines the crime? What actions can be categorized as crimes? The state or society which determines actions are categorized as crimes. The next question is, does the community represent the State and vice versa whether the State is representing society, who is the state and who is society, these questions philosophically will be answered by themselves when studying more deeply regarding the philosophy of law. Well, in the next section, we will explain about the terms of the position of crime and society to discover common ground and answer who is authorized to determine the types of acts which are categorized as crimes.
A bookworm and researcher especially related to law and citizenship education. I spend time every day in front of the internet and the campus library.
