The study of fundamental and general problems is philosophy. For example, problems related to knowledge, mind, existence, reason, reality, language and values. Philosophy is different from reality because it relies and focuses mainly on a rational argument of matters. In other words, the philosophy of a person may refer to the different beliefs held by the person or the person’s love for wisdom. Real situations on the other hand appear to be more complex than what philosophy may reveal.
Most times reality approaches issues in a rigid way while philosophy approaches issues in an open way. This also means that reality or practical approaches of solving issues often shows a limit in finding solutions to problems by applying a given set of rules while philosophical or argumentative approaches of solving issues often shows exploration of possible options and alternatives to finding solutions for problems. There are several cases of people with good conscience disagreeing on matters that have applicable overriding force in terms of broken rules (Kant, 2004).
This does not mean that philosophy or arguments are fruitless; instead it implies that moving from a philosophical point of view to a practical point of view provides a proper background and understanding of problems in terms of balancing issues. This therefore means that in order to achieve a balanced system of solving issues, one has to consider both philosophical and practical approaches.
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The most popular issues arising in the community today are issues of individual rights and public protection, codes of conduct for criminal justice, and morality. When solving issues of individual rights and public protection, the practical approach would be based on set rules. For example, the rule that states that, every man owns a property on his own and no other person has the right to that property but himself. This means that the work of his hands rightfully gifted him with the property.
Whoever takes a property that is not rightfully his is a thief and should be judged according to the law. This is because the law guarantees security to one’s property protection. Regardless of their state, the thief is vulnerable to accusations from the public according to the law and so by law judgment, he is also protected from the public (Kant, 2004).
The philosophical point of view would argue about the reasons behind the thief’s actions. A person does not steal or grab other people’s property unless he has a need. Philosophically, the society would grant the thief a chance to return the stolen property while practically, the thief would be judged right away. Man survives with reasons and for man to achieve success; he must use force to define his capacity to handle challenges.
The society can choose to be grateful to the law for mutual protection or provide freedom to the thief to act and survive on his own genuine terms. Either way, both the thief and society will benefit from this kind of decision in that, the thief has a second chance of getting a new and genuine means of living if they apply a philosophical approach. On the other hand, the society has the benefit of public protection through the law if they apply a practical approach.
When it comes to issues of the codes of conduct for criminal justice, the use of reward and punishment applied in criminal justice is immoral. For example, a large percentage of lawyers would use means of lying during interrogation to accomplish desirable end results (Kant, 2004).
In addition to this, others may use rewards to set up innocent people and punish them while the guilty ones remain free. From a practical approach point of view, rules state that when one is guilty of a crime, he should face trial and based on the provided evidence, he should face persecution. Practically, there would be no other way to solving this issue of crime.
From a philosophical approach point of view, investigations would be necessary for proper and fair judgment. In cases where victims do not incur losses, criminals may have a second chance to right their wrong and change their lives as well. This way, criminals have the chance to become better people while victims have the chance to make criminals’ lives better by forgiving them and giving them a second chance in life.
Ethics or moral ways that can be used in decision making in criminal justice may include moral and intelligent inquiry to examine problems using tools of philosophy. Also using surveys to critically analyze the answers given, and finally, using real world or practical examples to create similar problems so as to develop effective approaches (Weber, 2011).
In conclusion, philosophical and practical approaches are crucial in solving issues in a balanced way in the society. Even though people may have their preferences in terms of choosing approaches to solve their issues, it is necessary that individuals apply both approaches when solving issues to provide a balanced solution to issues that arise. This way criminal justice not only punishes criminals but also protects them in terms of changing their lives through second chances to right their wrongs.
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