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Ebook PDF Ethics in Criminal Justice in Search of The Truth 7th Edition
Ebook PDF Ethics in Criminal Justice in Search of The Truth 7th Edition
The seventh edition of this book continues to present ethics as an “umbrella of civility” under
which criminal justice agents and the public look at the law and ethical issues in criminal jus-
tice. In this book, students and practitioners will be introduced to the fundamentals of ethical
theory and will be asked to apply ethical theory to decision-making in criminal justice. It is
the hope of the authors that discussing critical ethical issues in the college classroom will
help students make ethical decisions in the field as they advance in careers in policing, law,
or corrections and as informed citizens who vote and participate in American governmental
institutions.
The seventh edition has several new features. First, the discussion of criminal justice
ethical issues is updated. The new edition includes discussion of such recent matters as
police shootings, major investigations of the police in Ferguson, Missouri, Baltimore, and
Chicago, the war on drugs, life sentences, the ideal versus the reality in juvenile justice,
juvenile life without parole, the swift and certain deterrence model in probation, the case
for evidence-based rehabilitation interventions, the Good Lives Model, faith-based prisons,
elderly prisoners, and an update on the question of the deterrent impact of capital punish-
ment. The analysis of racism in Chapter 7 is completely updated with discussion of recent
books by Michelle Alexander and Paul Butler. Second, the discussion of ethical theories is
quite similar, but we have put in some boxes to relate current developments to the theoretical
discussions. Third, Chapters 11, 12, and 13 on police, prison, and probation, respectively,
now have boxes that highlight issues discussed in the chapter and conclude with questions for
class discussion. Fourth, Chapter 14, the final chapter, now includes a section on the future of
criminal justice ethics.
Readers of previous editions will notice that a second author has joined with Professor
Souryal. The second author thanks Professor Souryal and the publisher for asking him to
work on this new edition. He has taught criminal justice ethics for some time and hopes that
his insights into criminal justice ethical issues will add to the impressive tradition of Professor
Souryal’s work.
xiv PREFACE TO THE SEVENTH EDITION
Both authors thank the editors and staff at Routledge for their expert work in preparing
this edition for publication. We also thank Michael Braswell for his encouragement for this
project.
Sam S. Souryal
John T. Whitehead
March 2019
Preface to the Sixth Edition
Despite advances in the legal and technological aspects of criminal justice, practitioners
continue to face difficult moral choices. These include whether to arrest, use deadly force,
prosecute, offer plea bargaining, impose punishment, and, from an organizational standpoint,
whether to comply with policy, cooperate with supervisors, or treat the public equitably. As
in other public service sectors where discretion is essential, individual and institutional eth-
ics become major vectors. Surprisingly, while the consequences of such choices continue to
cause great public anguish, the moral grounds for these choices have seldom been examined.
In a free society, issues of crime and punishment are perhaps the most deserving of the
moral imperative of justice—a quality the state must extend freely to the guilty and the inno-
cent alike. Moral behaviors need no validation by the state, because they constitute justice
unto themselves. Thus, in responding to immoral behaviors, civilized governments cannot
rightfully employ immoral means. Succinctly stated, the more civilized the state, the more
willing it is to address the “worst in us” by the “noble means” available.
The purpose of this book is not to question the value of the law as the primary instrument
of criminal justice but to present ethics as an “umbrella of civility” under which the law can
be more meaningful, rational, and obeyable. By way of analogy, if the law is compared to
the Old Testament, ethics is comparable to the New Testament. They complement each other,
making Christianity blissful and tolerable. This view of ethics may not impress hardened
practitioners who believe that we “live by the law” but forget that we also “die by the law.” By
the same token, this view may not enthuse students who are so enamored with the trimmings
of criminal justice that they overlook its noble substance. To both of these groups, there is
one rational reply: “No one is free until we can see the truth of what we are seeking.” Without
capturing the truths of criminal justice, we are left with images that may be not only irrational,
but also disgraceful.
This book rejects the cynical view that ethical knowledge and moral character are periph-
eral to the administration of justice. Indeed, every action in the administration of justice is
directed either by the moral of a rule or policy or by the moral judgment of the practitioner
xvi PREFACE TO THE SIXTH EDITION
who implements it. Furthermore, the obligation to “establish justice and insure domestic tran-
quillity” continues to be the central force behind any act of criminal justice. Therefore, with-
out a fresh look at our weaknesses, biases, and prejudices, the young discipline of criminal
justice will grow into a degenerative field; more like a temple without a god, a body without
a soul, and a theory without a meaning.
In this book, students and practitioners will be introduced to the fundamentals of ethical
theory, doctrines, and controversies, and the rules of moral judgment. They will be exposed
to the ways and means of making moral judgment—but not in specific situations. That is
beyond the capacity of any book and must be left to the minds and hearts of the well-informed
practitioner. Knowledge will be presented in two forms: (1) a thematic perspective that will
examine ethical principles common to all components of the discipline, such as wisdom,
goodness, morality, and justice as well as the common vices of deception, racial prejudice,
and egoism; and (2) an area-specific perspective that will address the state of ethics in polic-
ing, corrections, and probation and parole.
Every academic discipline or professional field is born and slowly grows from an infant
into maturity. In the process, practitioners test its limits, establish its boundaries, and legit-
imize its claims. During the maturation process, serious excesses and failures appear that
create contradiction between the goals of the field and the means by which objectives are to
be met. In attempting to reason away contradiction, an introspection usually occurs urging
caution, denouncing falsity, and searching for the truth. This introspection gradually hardens,
constituting the collective conscience of the discipline—its soul. Eventually, the soul becomes
instrumental in halting intellectual ostentation, in exposing fallacies, and in reaffirming basic
values. This collective conscience keeps a vigilant eye whenever new technology is intro-
duced or a major policy shift is inaugurated. In time, the membership of the discipline or field
comes to recognize that collective conscience and call it by its true name: professional ethics.
The field of criminal justice is certainly young, but not too distant from maturity. It lacks
a unifying philosophy that can give it autonomy and inner strength. Primary issues of crime
and justice still beg for clarification. Secondary issues continue to frustrate rationality, for
instance, the role of the police in maintaining order, the role of prosecutors in controlling entry
into the system, the role of judges in dominating the sentencing process, the role of victims in
reclaiming the central court of justice, and the role of lawbreakers in sabotaging the system
by ingenious means. All such claims compete in an environment of ambiguity, egoism, and
fear. The resulting picture is a mosaic of incoherence and lack of scruples. Consequently, the
field has not proven successful beyond mere survival. Its efficacy has been questioned, both
from within by its officials and from without by its users. Few artificial reforms have been
introduced in the area of criminal justice management, the field’s most logical instrument of
reform. Top management is often controlled by a syndicate of lobbying bureaucrats who lack
integrative thinking and, at times, the tenacity to reason away simple problems. Middle man-
agers are unwitting brokers who “dance on the stairway”; they are as hesitant to face those at
the top as they are reluctant to confront those at the bottom. Frontline workers operate as an
PREFACE TO THE SIXTH EDITION xvii
Both authors are grateful to our students who asked questions that challenged us and moti-
vated us to keep asking questions ourselves. Our students reminded us that we were in their
shoes only a few years earlier. Their enthusiasm about criminal justice and about ethical ques-
tions made teaching fresh every semester.
We also acknowledge our colleagues who challenged us to think and question. They
often gave us ideas and points of view that we had not thought of on our own. If not for them,
several projects in our careers would never have succeeded.
We are grateful to the editors and all at Routledge and their associates who work so hard
to guide, edit, and produce the books they publish. The editors we have worked with have
been helpful in countless ways. We specifically thank Gabriele Gaizutyte, our Production
Editor at Routledge, and Jennifer Bonnar, our Project Manager at Apex CoVantage (the com-
pany responsible for the typesetting, copyediting, and indexing tasks). We also thank Michael
Braswell, who has been an inspiration, colleague, and friend.
1 Acquainting Yourself
With Ethics
A Tour of the Ethics Hall of
Fame
Or are you a clear thinker examining what is good and useful for society and spending your life in
building what is useful and destroying what is harmful?
—Kahlil Gibran, Mirrors of the Soul
Good laws lead to the making of better ones; bad laws bring about worse. As soon as any man says
of the affairs of the State, “What does it matter to me?” the State may be given up for lost.
—Jean-Jacques Rousseau
The present moral crisis is due among other things to the demand for a moral code which is
intellectually respectable.
—R. Niebuhr
To understand the foundation of ethics, you should learn about the virtue of
knowledge and reasoning, the sources of intellect, the nature of truth, the
nature of reality, the nature of morality, the nature of goodness, the relationship
between actions and consequences, determinism and intentionalism, and the
image of the ethical person.
You will also learn about the reasoning process, Plato’s divided line, the defi-
nition of morality and ethics, the grammar of goodness, the principle of summum
bonum, and the utilitarianism measure.
2
2 ACQUAINTING YOURSELF WITH ETHICS
OVERVIEW
Compared with other disciplines, criminal justice is an infant discipline. This is probably
one reason why it is far more concerned with crime rather than with justice and with pro-
cess rather than with philosophy. As a result, most criminal justice students and practitioners
today have not been adequately exposed to the philosophy of justice or, for that matter, to
any serious philosophical studies. Courses in ethics and justice are not usually required for a
criminal justice degree, nor are they included in programs of professional training. A study in
the ethics of criminal justice may, therefore, be an alien topic and can understandably cause
a degree of apprehension. In order to reduce your anxiety and to better acquaint you with the
topic, this chapter is designed to take you on a tour of the world of ethics. I will take you,
if you will, on a journey into the “Ethics Hall of Fame,” introduce you to key concepts, and
familiarize you with the works of leading philosophers. Knowledge gained from this chapter
will serve as the foundation for the remainder of this book. Figure 1.1 illustrates the layout of
the Ethics Hall of Fame.
Our first stop on this tour is at a pedestal supporting the bust of Socrates. The sculpture sym-
bolizes the virtue of knowledge because Socrates was considered the wisest man in ancient
Greece.
Born in Athens—at the time, the greatest democracy of all—Socrates spent his entire
life in search of the truth. Not surprisingly, he was later hailed as the patron saint of Western
philosophy. We are more certain of the facts of his death than of the circumstances of his life
because Socrates left no record of his own. The information about his accomplishments was
gathered from the accounts of his disciples, particularly Plato, who was his most prominent
student. According to these accounts, Socrates was an outstanding philosopher who served
Athens well during times of war and peace.
Exploring Virtue
Socrates’s typical method of exploring virtue was by arguing against popular but erroneous
beliefs in what was known as the dialectic method. Such arguments were conducted in a
dialogue form in which the parties involved would engage in an exchange of questions and
ACQUAINTING YOURSELF WITH ETHICS 5
answers. The direction of questions and the validity of answers would point out the presence
of contradiction or fallacy. By continuing this process, the truth of the disputed question
would be either established or denied. The dialectic method, which was the trademark of
ancient Greek philosophy, was later labeled the Socratic method in honor of its most skillful
master.
In his philosophical teachings, Socrates addressed general topics such as knowledge,
wisdom, and character, and he also discussed specific ideas of a moral nature, such as good-
ness, courage, and temperance. Regardless of the topic of inquiry that Socrates pursued, there
is no doubt that his overall aim was to reeducate the people of Athens in the nature of arete,
or virtue.
on whether the act or the policy is consistent with reasoning, the highest level of intellectual
capacity.
Socratic Reasoning
The Socratic method of reasoning incorporates two interrelated functions: (1) establishing
the purpose of the phenomenon in question, which is considered the beginning of wisdom,
and (2) demonstrating the goodness of the phenomenon by fulfilling its purpose. In this tra-
dition, Aristotle (384–322 BCE) always asked his students to answer three basic questions.
First, What is it? This is the question that the scientists of nature are supposed to be able to
answer. Second, What good is it for? This is the question that ethicists are supposed to be able
to answer. Third, How do we know? This is the question that logicians and epistemologists are
supposed to be able to answer (Jowett & Butcher, 1979).
The reasoning process should flow methodically and without contradiction. It moves
from establishing the purpose of the idea, to confirming its goodness, to the fulfillment of
its purpose. Consider, for example, the issue of gun control: If it can be shown that the main
purpose of bearing arms is to ensure self-defense, then for goodness to be confirmed, it must
also be shown that bearing arms would not hinder the purpose by allowing guns to be used
as tools for crime. Probably because of the influence of Socrates, Western philosophers have
consistently formulated their theories about truths, moral values, and human behavior by
pursuing the Socratic method of reasoning—systematically arguing the idea from purpose to
goodness while maintaining an open, intelligent, and methodical mind.
The lesson to be learned from this stop in our Hall of Fame is to appreciate
the importance of reasoning in making an ethical judgment. One should open
every issue for debate, hold every bias in abeyance, and pursue the objective
criteria of first establishing the purpose of the phenomenon and then demon-
strating its goodness or its lack of goodness.
Our second stop on the tour is by a shining ray of light that brightens a spot on the floor. The
light symbolizes human intellect, and the spot represents the truth. Both are paramount for
mastering the reasoning process.
Human intellect is a mysterious force that is unique to mankind. It sets human beings
apart from the rest of nature—animals, birds, trees, and rocks. It originates in the mind and
is nurtured by rigorous thinking. Given proper training, the mind develops into a marvelous
thinking center, able to observe, compare, distinguish, abstract, and conclude. Some import-
ant questions, however, must first be asked: “What is the source of intellect?” and “Why do
some people seem to have more of it than others?” There have been several views in response
to these questions. The most popular among them are the divine view, which ascertains that
intellect is a gift from God, and the naturalistic view, which considers intellect a natural prop-
erty in the evolution of man.
Sources of Intellect
Thinkers who support the divine view believe that intellect is a God-given gift offered to
man in order to communicate with God and fellow human beings. Conversely, how well one
utilizes intellect is man’s gift back to God. Most Greek philosophers (and, of course, reli-
gious theorists) subscribed to this view, advocating that the purpose of intellect is to better
achieve the good life. On the other hand, thinkers who subscribe to the naturalistic view of
human existence regard intellect as a physiological process that continues to be perfected by
the evolutionary process. As such, it naturally emerged to coordinate human activity and to
assist man in his struggle for self-preservation. Hobbes, Darwin, and Nietzsche supported
one version or another of these naturalistic theories. They considered intellect as primarily an
autonomic activity that stimulates one’s sense of survival and enriches the pursuit of social
harmony. Both groups of thinkers, however, seem to agree that when people cease to use
intellect, they lose their control over the unexplained phenomenon of existence.
ACQUAINTING YOURSELF WITH ETHICS 9
knowledge consists of conjecture and imagination because they are based solely on impres-
sions or suppositions. A good illustration of this is when one bases his or her views of what
causes crime on personal experiences and contacts with others, and nothing else.
The next level of knowledge in Plato’s hierarchy is belief. At that level, truth is con-
structed on the basis of one’s faith in real objects, images of reality, or superstition. Belief is
a state of mind that takes over a person based on strong forces of religion, custom, tradition,
indoctrination, or any popular view of the time. Religious beliefs are especially difficult to
question because cognitive knowledge is usually subjected to the forces of metaphysics,
deity, and ritualism. One’s belief in the Christian doctrine of the Holy Ghost, the Islamic
duty of Jihad, or the existence of heaven and hell are good illustrations of knowledge at
this level.
The third level in Plato’s hierarchy is scientific knowledge. It is supported by empirical
evidence, experimentation, and mathematical equations. Examples include rules of gravity,
flying, and buoyancy; medical sciences; and, to some extent, criminal behavior. The highest
level of knowledge on Plato’s hierarchy is reasoning, the intelligible integration and balancing
of all knowledge—physical and metaphysical—in a rational manner. Figure 1.2 illustrates
Plato’s divided line theory.
Plato assigned a lower degree of credence to the first two levels of knowledge, equating
them with ignorance and superstition, respectively. Both fall within the realm of primitive
knowledge. He valued scientific knowledge because it is objective, universal, repeatable,
and subject to scrutiny. He nevertheless acknowledged the limitations of scientific inquiry
in terms of three serious weaknesses: (1) it rests upon unexamined first principles (e.g., we
know about the force of gravity on earth and between planets without understanding its cause
or origin), (2) it is tied to matters particularly connected to the visible world (e.g., we know
how the human body functions, but we cannot determine whether superior creatures exist, let
alone how they function), and (3) it is piecemeal and fragmentary (e.g., we have only recently
learned that the atom is divisible and that HIV exists, although those truths were certainly
there long before they were discovered).
Plato considered science to be an imperfect discipline and argued that “what is imperfect
cannot serve as a valid measure.” While science can answer the question of “what can be
done” Plato argued, it is incapable of answering the question of “what should be done.” Even
Reasoning
Scientific Knowledge
Belief
if science were capable of explaining how people behave, it cannot prescribe how they “ought
to behave,” or for that matter, what “ethical” behavior should be like.
Plato placed his highest trust in reasoning, which he considered supreme knowledge.
While he appreciated the value of science as an experimental tool, he credited reasoning with
the ability to explain the phenomena of life and living. Reasoning transcends science and
overrides its investigatory value. As such, it can direct scientific inquiry, evaluate its practical
goodness, and devise the time and place for its application. As a case in point, while nuclear
scientists today can easily build all sorts of atomic bombs, they certainly cannot make a value
judgment as to where or when to use them. By the same token, medical science today can
practically keep a “corpse” alive, but only by reasoning can it be determined when life sup-
port should be discontinued. Plato, and most philosophers since his time, continued to view
reasoning as supreme knowledge because it enables the trained mind to navigate the limita-
tions of lower levels of knowledge.
imagination, transcendent thinking, and moral understanding into a fusion of both worlds.
This kind of heightened intellect would culminate in achieving the “supreme aim of the soul,”
or what Maslow calls “the particular attainment from a height” (Maslow, 1971, p. xix).
The lesson to be learned from this stop is to seek the truth for its own value,
to capture both its physical and metaphysical attributes, and to utilize such
knowledge in mastering the reasoning process.
Our third stop is by an empty hole in the ground. The hole symbolizes the philosopher’s
concern for reality. For ethical theory to be practical, philosophers must keep their attention
focused on the reality of what is and the sum total of what exists. This is probably one of the
most difficult challenges to ethical theory.
Ethical statements regarding what actions should be taken and why must be based on an
objective reality of the situation under consideration. To add to the challenge, any attempt to
determine reality must be made independent of human perception, passion, bias, or cultural
experience. This is clearly a commitment that is easier made by gods than by men. To compli-
cate matters even further, phenomenological literature is replete with views that deny the exis-
tence of reality altogether; “things are not what they appear to be.” Furthermore, the nature of
reality constantly changes. Even if we assume that there is a “reality” of some sort, by the time
observers get to studying it, it may have already changed. The Greek philosopher Heraclitus
declared that the fundamental character of reality is change. Everything is in process, in flux,
and is no longer the same. “One cannot step into the same river twice,” Heraclitus wrote,
because it is endlessly flowing and changing (Lavine, 1984, p. 24).
Discovering Reality
Ethicists grapple with the question of how people should behave. This will be meaningless,
however, unless behavior is viewed in real situations. Ethicists must, therefore, determine
what is real and what is not. Is the real only what is physical, material, or tangible, or can
it also be found in the human mind, in eternal truths, or in the wisdom of the gods? Indeed,
the study of ethics begins with such fundamental questions about reality: “Why should one
be moral in the first place?”; “What is justice, and why should people be committed to jus-
tice?”; “What sentiments should one have toward another, and what values should guide one’s
ACQUAINTING YOURSELF WITH ETHICS 13
actions?” These questions are obviously raised against few known facts about life, living, and
dimly perceived guidelines concerning reality.
A more certain view of reality is the scientific view. Science recognizes only physical
properties such as matter, energy, mass, and movement. Scientific reality is empirical—it can
be sensed, validated, and measured by sensory means. Supporters of this view maintain that
aside from scientifically measurable “realities,” all phenomena are products of human per-
ception. In accordance with this view, all social or moral values, such as kindness, sincerity,
honor, fidelity, honesty, and so forth, are products of social fabrication. They are “unreal”
because, if they exist at all, they are subjective values that can be judged differently by differ-
ent individuals and in different contexts.
Reality as rationality: Aristotle defined rationality as the ability to use abstract reasoning
as the primary source of knowledge. Only through rationality can realistic truths be
found. Such truths must possess the attributes of self-sufficiency, finality, and attain-
ability. Consequently, what is rational is real, and what is real is rational. Among
the qualities of the rational person, Aristotle signified thoughtfulness, intellectual
tenacity, courage, and temperance. He nevertheless warned against expecting a high
degree of precision in determining ethical realism because human diversity makes
it difficult to reach universal consensus. The uncertainty of human reasoning, he
added, may make it difficult for rationality to be applied objectively.
14
14 ACQUAINTING YOURSELF WITH ETHICS
Reality as the actualization of potential: Aristotle argued that what has the ability to grow
must be real. And because human beings are born with the potential to become full-
grown individuals, actualization must be real. Aristotle’s concept of potentiality and
actuality relates to Heraclitus’s idea of change and the imperative of human devel-
opment. Aristotle defined potentiality as the “capacity to become,” and actuality as
the “state of being.” To explain this connection, he used the analogy of the acorn: As
the acorn can actualize its potential by becoming an oak tree, so people can actualize
their potential by achieving a life of reason and civility. He further explained that the
natural tendencies of youthful persons to be erratic, aggressive, and impatient can,
through the practice of reasoning, be channeled into a life of maturity, modesty, and
wisdom.
Reality as the golden mean: According to this principle, the reality of a given value lies in
the middle ground between two extreme qualities. For example, the reality of cour-
age is the middle ground between cowardice and foolhardiness; the reality of
magnificence is the middle ground between meanness and vulgarity; and the reality
of gentleness is the middle ground between indifference and irascibility. Aristotle
recommended that ethical realism always reflect moderation between two extreme
behaviors.
A radically different view of realism exists, however. It has been reflected in the philosophy
of the modern existentialist school. Exponents of this school are mainly European philos-
ophers, including Søren Kierkegaard, Martin Heidegger, Jean-Paul Sartre, and Simone de
Beauvoir. Their view of reality is based on either denying its existence altogether or reducing
its significance dramatically. These philosophers argued that all knowledge relates to human
existence rather than to human essence. All doctrines of philosophy or theology, therefore,
are “absurd.” These views have been supported by the premises that the human condition is
ambiguous; that human beings come from “nothingness,” and that upon death they return to
“nothingness”; that religious teachings have no real value; that universal morality is a myth;
and that existence is the sole reality of mankind. While this view has its supporters, it is not
the most popular among moral philosophers, especially among those who espouse a conser-
vative view of reality.
The lesson to be learned from this stop is to remove ethics from the realm
of mysticism, to apply it to real situations, and to treat ethical judgment as a
rational science applicable to everyday human conduct.
ACQUAINTING YOURSELF WITH ETHICS 15
At this point in the tour, I suggest that we pause for a moment to consider what we have
learned so far. You may have already realized how confusing ethical terms can be. If so,
you are correct and you are not alone. One of the main challenges in the study of ethics is
the jungle of semantics with which one is confronted at every turn. On the other hand, this
jungle is what gives philosophy its fecundity and gives the study of ethics its profoundness
and beauty.
Our fourth stop is at a huge painting depicting the Garden of Eden with Adam, Eve, and the
apple tree in its midst. The painting symbolizes concern for morality and proper behavior.
Morality is an integral part of the study of ethics because it represents its operational side and
provides the ground rules for its application.
Part of the difficulty of understanding morality is the manner in which the term is used. It
has seldom been used without qualification. We refer to “American morality,” “Greek moral-
ity,” or “Christian morality,” but seldom to morality itself. This is partly due to the wide-
spread belief that there is no universal morality, a code of conduct that can be adopted by all
mankind. Although nations and communities have moral differences, this belief is arguably
inaccurate (Gert, 1973, p. 3). The problem may be that most people are unable to adequately
distinguish between moral principles and cultural and social habits. Furthermore, most people
tend to believe either that they have no moral problems or that they know all there is to know
about morality. Moreover, given the diversity of political, social, and economic systems in the
world, few people may be willing to accept a universal code of conduct.
More than 2,000 years ago, however, Plato knew that there were differences in the con-
duct of various societies. Yet that did not discourage him from formulating a code of conduct
that everyone would accept. He believed that a thorough analysis of human nature could
provide a foundation upon which to build a universal core of morality (Gert, 1973, p. 5). Of
course, all rational men may not always agree, but ethical philosophers continue to identify
moral values that all, or most, rational persons would accept.
Morality Defined
The term moral has two connotations. First, the capacity to make value judgments—one’s ability
to discern right from wrong. In this sense, the term may be contrasted with amoral, nonmoral,
or unmoral. These denote a person who is either unable to judge rightness or wrongness (as in
the case of a young child or an insane person) or is disinterested in the moral point of view.
Second, a behavior that is consistent with ethical principles. Here, the term can be contrasted with
immoral—an adjective that describes wrongful or evil behaviors (Sahakian, 1974, p. 2). In this
sense, the term moral is used to characterize virtuous qualities such as love, charity, or compas-
sion, or to describe the goodness of an action, an institution, or an entire society. This definition,
however, is debated; thus moral and ethical are synonyms for many.
Moral Principles
Moral principles arguably exist before individuals are born (indeed, generations before) and
continue long after they depart. People learn moral principles through their association with
the social system in which they live. Social systems dictate certain rules of conduct to be
followed. Of course, while not all individuals conform to the same rules, those who choose
not to conform cannot escape the moral sanctions of their choice. When a person conforms
to society’s rules of conduct, he or she is said to behave morally, and when a person deviates
from them, he or she is said to behave amorally or immorally.
While moral principles should not be absolutized, they signify general patterns of behavior
rather than a preference or a freak behavior on the part of an individual or a group. Also, like
learning language, religion, and citizenship, morality is usually learned by practicing moral
principles such as “honor one’s father and mother,” “don’t tell a lie,” and “don’t betray your
friends.” Indeed, Aristotle always taught that people become just by learning to do just things.
It should also be noted that when moral standards are applied, they can overlap with the
standards of law and etiquette (Frankena, 1963, p. 6). Yet the concept of morality is distin-
guishable from both. It is different from law in at least two ways. First, the standards of moral-
ity are not formulated by a legislative act, nor are moral standards subject to review by a court
of law. Second, while immoral acts are sanctioned by words or gestures of social disfavor,
disapproval, or ostracism, illegal actions are punishable by legal sanctions, including fines,
jail sentences, corporal punishment, or death. As to the rules of etiquette, these are generally
associated with the appearance of sophistication regardless of whether the person is moral
or immoral. Moral standards, on the other hand, represent a conscientious concern for moral
behavior even at the risk of being mistaken as unsophisticated or crude.
I see increasing reason to believe that the view formed some time
back as to the origin of the Makonde bush is the correct one. I have
no doubt that it is not a natural product, but the result of human
occupation. Those parts of the high country where man—as a very
slight amount of practice enables the eye to perceive at once—has not
yet penetrated with axe and hoe, are still occupied by a splendid
timber forest quite able to sustain a comparison with our mixed
forests in Germany. But wherever man has once built his hut or tilled
his field, this horrible bush springs up. Every phase of this process
may be seen in the course of a couple of hours’ walk along the main
road. From the bush to right or left, one hears the sound of the axe—
not from one spot only, but from several directions at once. A few
steps further on, we can see what is taking place. The brush has been
cut down and piled up in heaps to the height of a yard or more,
between which the trunks of the large trees stand up like the last
pillars of a magnificent ruined building. These, too, present a
melancholy spectacle: the destructive Makonde have ringed them—
cut a broad strip of bark all round to ensure their dying off—and also
piled up pyramids of brush round them. Father and son, mother and
son-in-law, are chopping away perseveringly in the background—too
busy, almost, to look round at the white stranger, who usually excites
so much interest. If you pass by the same place a week later, the piles
of brushwood have disappeared and a thick layer of ashes has taken
the place of the green forest. The large trees stretch their
smouldering trunks and branches in dumb accusation to heaven—if
they have not already fallen and been more or less reduced to ashes,
perhaps only showing as a white stripe on the dark ground.
This work of destruction is carried out by the Makonde alike on the
virgin forest and on the bush which has sprung up on sites already
cultivated and deserted. In the second case they are saved the trouble
of burning the large trees, these being entirely absent in the
secondary bush.
After burning this piece of forest ground and loosening it with the
hoe, the native sows his corn and plants his vegetables. All over the
country, he goes in for bed-culture, which requires, and, in fact,
receives, the most careful attention. Weeds are nowhere tolerated in
the south of German East Africa. The crops may fail on the plains,
where droughts are frequent, but never on the plateau with its
abundant rains and heavy dews. Its fortunate inhabitants even have
the satisfaction of seeing the proud Wayao and Wamakua working
for them as labourers, driven by hunger to serve where they were
accustomed to rule.
But the light, sandy soil is soon exhausted, and would yield no
harvest the second year if cultivated twice running. This fact has
been familiar to the native for ages; consequently he provides in
time, and, while his crop is growing, prepares the next plot with axe
and firebrand. Next year he plants this with his various crops and
lets the first piece lie fallow. For a short time it remains waste and
desolate; then nature steps in to repair the destruction wrought by
man; a thousand new growths spring out of the exhausted soil, and
even the old stumps put forth fresh shoots. Next year the new growth
is up to one’s knees, and in a few years more it is that terrible,
impenetrable bush, which maintains its position till the black
occupier of the land has made the round of all the available sites and
come back to his starting point.
The Makonde are, body and soul, so to speak, one with this bush.
According to my Yao informants, indeed, their name means nothing
else but “bush people.” Their own tradition says that they have been
settled up here for a very long time, but to my surprise they laid great
stress on an original immigration. Their old homes were in the
south-east, near Mikindani and the mouth of the Rovuma, whence
their peaceful forefathers were driven by the continual raids of the
Sakalavas from Madagascar and the warlike Shirazis[47] of the coast,
to take refuge on the almost inaccessible plateau. I have studied
African ethnology for twenty years, but the fact that changes of
population in this apparently quiet and peaceable corner of the earth
could have been occasioned by outside enterprises taking place on
the high seas, was completely new to me. It is, no doubt, however,
correct.
The charming tribal legend of the Makonde—besides informing us
of other interesting matters—explains why they have to live in the
thickest of the bush and a long way from the edge of the plateau,
instead of making their permanent homes beside the purling brooks
and springs of the low country.
“The place where the tribe originated is Mahuta, on the southern
side of the plateau towards the Rovuma, where of old time there was
nothing but thick bush. Out of this bush came a man who never
washed himself or shaved his head, and who ate and drank but little.
He went out and made a human figure from the wood of a tree
growing in the open country, which he took home to his abode in the
bush and there set it upright. In the night this image came to life and
was a woman. The man and woman went down together to the
Rovuma to wash themselves. Here the woman gave birth to a still-
born child. They left that place and passed over the high land into the
valley of the Mbemkuru, where the woman had another child, which
was also born dead. Then they returned to the high bush country of
Mahuta, where the third child was born, which lived and grew up. In
course of time, the couple had many more children, and called
themselves Wamatanda. These were the ancestral stock of the
Makonde, also called Wamakonde,[48] i.e., aborigines. Their
forefather, the man from the bush, gave his children the command to
bury their dead upright, in memory of the mother of their race who
was cut out of wood and awoke to life when standing upright. He also
warned them against settling in the valleys and near large streams,
for sickness and death dwelt there. They were to make it a rule to
have their huts at least an hour’s walk from the nearest watering-
place; then their children would thrive and escape illness.”
The explanation of the name Makonde given by my informants is
somewhat different from that contained in the above legend, which I
extract from a little book (small, but packed with information), by
Pater Adams, entitled Lindi und sein Hinterland. Otherwise, my
results agree exactly with the statements of the legend. Washing?
Hapana—there is no such thing. Why should they do so? As it is, the
supply of water scarcely suffices for cooking and drinking; other
people do not wash, so why should the Makonde distinguish himself
by such needless eccentricity? As for shaving the head, the short,
woolly crop scarcely needs it,[49] so the second ancestral precept is
likewise easy enough to follow. Beyond this, however, there is
nothing ridiculous in the ancestor’s advice. I have obtained from
various local artists a fairly large number of figures carved in wood,
ranging from fifteen to twenty-three inches in height, and
representing women belonging to the great group of the Mavia,
Makonde, and Matambwe tribes. The carving is remarkably well
done and renders the female type with great accuracy, especially the
keloid ornamentation, to be described later on. As to the object and
meaning of their works the sculptors either could or (more probably)
would tell me nothing, and I was forced to content myself with the
scanty information vouchsafed by one man, who said that the figures
were merely intended to represent the nembo—the artificial
deformations of pelele, ear-discs, and keloids. The legend recorded
by Pater Adams places these figures in a new light. They must surely
be more than mere dolls; and we may even venture to assume that
they are—though the majority of present-day Makonde are probably
unaware of the fact—representations of the tribal ancestress.
The references in the legend to the descent from Mahuta to the
Rovuma, and to a journey across the highlands into the Mbekuru
valley, undoubtedly indicate the previous history of the tribe, the
travels of the ancestral pair typifying the migrations of their
descendants. The descent to the neighbouring Rovuma valley, with
its extraordinary fertility and great abundance of game, is intelligible
at a glance—but the crossing of the Lukuledi depression, the ascent
to the Rondo Plateau and the descent to the Mbemkuru, also lie
within the bounds of probability, for all these districts have exactly
the same character as the extreme south. Now, however, comes a
point of especial interest for our bacteriological age. The primitive
Makonde did not enjoy their lives in the marshy river-valleys.
Disease raged among them, and many died. It was only after they
had returned to their original home near Mahuta, that the health
conditions of these people improved. We are very apt to think of the
African as a stupid person whose ignorance of nature is only equalled
by his fear of it, and who looks on all mishaps as caused by evil
spirits and malignant natural powers. It is much more correct to
assume in this case that the people very early learnt to distinguish
districts infested with malaria from those where it is absent.
This knowledge is crystallized in the
ancestral warning against settling in the
valleys and near the great waters, the
dwelling-places of disease and death. At the
same time, for security against the hostile
Mavia south of the Rovuma, it was enacted
that every settlement must be not less than a
certain distance from the southern edge of the
plateau. Such in fact is their mode of life at the
present day. It is not such a bad one, and
certainly they are both safer and more
comfortable than the Makua, the recent
intruders from the south, who have made USUAL METHOD OF
good their footing on the western edge of the CLOSING HUT-DOOR
plateau, extending over a fairly wide belt of
country. Neither Makua nor Makonde show in their dwellings
anything of the size and comeliness of the Yao houses in the plain,
especially at Masasi, Chingulungulu and Zuza’s. Jumbe Chauro, a
Makonde hamlet not far from Newala, on the road to Mahuta, is the
most important settlement of the tribe I have yet seen, and has fairly
spacious huts. But how slovenly is their construction compared with
the palatial residences of the elephant-hunters living in the plain.
The roofs are still more untidy than in the general run of huts during
the dry season, the walls show here and there the scanty beginnings
or the lamentable remains of the mud plastering, and the interior is a
veritable dog-kennel; dirt, dust and disorder everywhere. A few huts
only show any attempt at division into rooms, and this consists
merely of very roughly-made bamboo partitions. In one point alone
have I noticed any indication of progress—in the method of fastening
the door. Houses all over the south are secured in a simple but
ingenious manner. The door consists of a set of stout pieces of wood
or bamboo, tied with bark-string to two cross-pieces, and moving in
two grooves round one of the door-posts, so as to open inwards. If
the owner wishes to leave home, he takes two logs as thick as a man’s
upper arm and about a yard long. One of these is placed obliquely
against the middle of the door from the inside, so as to form an angle
of from 60° to 75° with the ground. He then places the second piece
horizontally across the first, pressing it downward with all his might.
It is kept in place by two strong posts planted in the ground a few
inches inside the door. This fastening is absolutely safe, but of course
cannot be applied to both doors at once, otherwise how could the
owner leave or enter his house? I have not yet succeeded in finding
out how the back door is fastened.