...------------------------------------------------- Compensatory Discrimination in Light of Theories Of Justice INTRODUCTION In a civilized social system, law plays not only the role of guarantor of justice equality and liberty, but also as a tool for attaining the ends of justice. In this respect the modern democratic state has to adopt objective standards to protect the human rights of its citizens. Equality is one among those cardinal human rights by which the State is mandated to treat the equals equally and unequal unequally when it distributes its own benefits to the people. But who are equals and who are unequal is a thorny issue, for the limited resources are much valuable and required by the various group of people and they have to be distributed justly and fairly. In the Indian constitutional scheme, it had been envisaged by the framers that there should be equality of opportunity is for all citizens in public employments and such equality of opportunity a fundamental right of the citizens’.At the same time, the need for some beneficial treatment to the weaker sections of the society was also enshrined with that right. What is the basis of distribution of societal resources to certain sections? The thrust of this Chapter goes with the following enquiry. Is there any jurisprudential foundation for protective discrimination? If so what is it? This aspect is assessed from the angle of different theories of justice viz., social justice, distributive justice, equality and equal opportunity and social engineering...
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...The London School of Economics and Political Science THE ROLE OF CIVIL SOCIETY IN THE DEMOCRATISATION OF GLOBAL GOVERNANCE INSTITUTIONS: From ‘Soft Power’ to Collective Decision-Making? Saif Al-Islam Alqadhafi A thesis submitted to the Department of Philosophy of the London School of Economics for the degree of Doctor of Philosophy, London, September 2007 Declaration I certify that the thesis I have presented for examination for the MPhil/PhD degree of the London School of Economics and Political Science is solely my own work other than where I have clearly indicated that it is the work of others (in which case the extent of any work carried out jointly by me and any other person is clearly identified in it). The copyright of this thesis rests with the author. Quotation from it is permitted, provided that full acknowledgement is made. This thesis may not be reproduced without the prior written consent of the author. I warrant that this authorisation does not, to the best of my belief, infringe the rights of any third party. 2 Abstract This dissertation analyses the problem of how to create more just and democratic global governing institutions, exploring the approach of a more formal system of collective decision-making by the three main actors in global society: governments, civil society and the business sector. The thesis seeks to make a contribution by presenting for discussion an addition to the system of international governance that is morally...
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...Contents Organizational justice: 1 1: Distributive justice: 1 2: procedural justice: 2 3 interactional justice: 2 Importance of organizational justice: 2 CONDITIONS OF ORGANIZATIONAL JUSTICE IN PAKISTAN 3 Organizational citizenship behavior: 3 Definition and concept: 3 Kinds of organizational citizenship Behavior: 3 Altruism: 3 Conscientiousness: 4 Civic virtue: 4 Importance of organization citizenship behavior: 4 Organizational justice: Organizational justice shows the thinking of the employees that are working in the organization how they are being treated fair or unfair. Organizational justice word was first used by green burg (1987) which reflects the behaviors of individuals towards fair practices in the organization. Justice define the action or judgement that is ethically and properly right in terms of injustice we can take an example of a women doing the same job as a man can do but getting the low salary. This play an important in role in making organization reputation and their working environment. Their behaviors are also associated with their working environment, and the main thing the job satisfaction and their attitudes towards the company development if organizational justice is not there in any organization their overall working environment and all the things are being disturbed, turnover is on high and the workers who are worthy will leave the organization and organization have really impact of it and there will be the culture...
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...Introduction: In this paper, I will argue that Plato’s reply to Glaucon’s first objection, that justice is no more than a compromise is not a valid statement in the following three points. First, I will briefly explain the objection of Glaucon, that justice is no more than a compromise. Secondly, I will explain Plato’s reply to Glaucon’s first objection. Next, I will show the weaknesses on Plato’s claim based on one of the three parts of soul that he stands, desire. Thirdly, I will convince that Plato’s view of justice is indeed too narrow since his definition of justice is only limited to human beings. Finally, I will argue on Plato’s idea of rule of reason would lead to result of no more internal conflict. In this paragraph, I am going to state about Glaucon’s objection that justice is no more than a compromise and briefly explain Plato’s reply on Glaucon’s objection. The statement of “justice is no more than a compromise” comes from Glaucon’s second class of good: good that “are onerous but beneficial to us, and we wouldn’t choose them for their own sakes, but for the sake of the rewards and other things that come from them” [357C]. This illustrates the idea that people might do “just” things (according to the mainstream of that time, law, conventions) while they have outweigh the consequence of doing the “unjust” thing. Which Glaucon concludes that it is just a compromise of being just instead of its initial goal was to be just. People could act unjustly if they could...
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...There are two types of arguments within class action: one is motivated by morals the other influenced by self-interest. Example – Specifically Jed’s character is driven by the desire to achieve moral justice. His arguments are targeted at supporting those who cannot afford to buy justice. His law firm does not aim to make money; instead it aims to bring justice to the ‘underdog’. Host: First scene is there a scene that captures Jed’s character best? Apted: “Absolutely. It’s this idea of a “contingency case” Nick Holbrook spells out to Jed that “even if they win the case, they won’t see the money for years” Point 2 – Jed’s character is much more complex. Even though he argues fiercely for the victims of big business, he also does this for personal glory and fame. This shade of self-interest is apparent in the dinner scene with Maggie, where she accuses him of using clients to win cases, then abandoning them afterwards. Host: “Sounds interesting! What role does Maggie’s character play in the movie?” Apted: “Well, for the most part of the movie she provides a strong contrast to her father. Her arguments and actions are motivated by a desire to beat her father, advance her career and become a successful partner in her law firm. She is completely driven by self-interest. For example when Maggie is asked to prove her loyalty to the law firms interests her argument lacks compassion and ethics, but is still ruthless and effective achieving her aims. She accuses a victim in...
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...been a growth in number of org with equ and div pol. ... progress At the same time, however, we have continuing discrimination in the labour market (...) and a lack of equality of opportunity in employement. "this raises a question" "there is often disappointment with achievements in terms of substansive outcomes. Problems in translating equality policy into practice and delivering on outcomes are examined both in terms of difficulties in implementation and weaknesses in much of the prescription. 179 Equality and div is firmly on management agendas in a number of org 186 Encourage an organisation to adopt law = "penalty avoidance trough legal compliance sense of social justice or moral responsability key individuals in a org may be motivated by concerns for social justice In practice, altruistic considerations probably have most effective purchase when operating in combination... 191 As Humphries and Rubery note (1995: 13), "it is because the costs to firms seem immediate and palpable while the benefits are more distant and less easy to capture that individual initiatives may produce only slow and patchy changes". 192 Equality initiatives motivated by a search for organizational benefits can lead to the targeting of initiatives to reflect employer needs rather than the needs of the disadvantaged groups" about law "but limitations remain In term of risk of legal action and the penalties for discrimination the legal compliance threat has been generally...
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...Addressing International Legal and Ethical Issues Simulation Summary 1. What are the issues involved in resolving legal disputes in international transactions? The issues involved in resolving legal disputes in international transactions include but are not limited to the signing of contracts designed to protect both parties, choice of clause, which forum to use when settling a dispute and if arbitration, if used, will be binding or nonbinding. Something else to think about when resolving legal disputes in international transactions would be to gauge when the government stands in the legal proceedings and to find out if the particular countries government can overrule any decisions made by the companies. Other issues would include the political situation, dominant international laws and cultural issues that would influence the achievement or disappointment of the business venture. 2. What are some practical considerations of taking legal action against a foreign business partner based in another country? Some practical considerations of taking legal action against a foreign business partner based in another country include looking out for the best interest of the company your represent as well as future business ventures with the company or country you are in business with. One would also have to take into consideration economic, legal, and ethical associations. The economy of the country that you are contracted with may have ulterior motives in the business arrangement...
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...Emma Grace Philosophy 1000 5 July 2012 The Four Virtues of the Republic In the Republic, Plato sets up a framework to help us establish what the four virtues are, and their relationship between them to both the city and the soul. According to Plato, the four virtues are wisdom, courage, moderation, and justice. There are three classes within the city: guardians, auxiliaries, and artisans; and three parts within the soul include intellect, high-spirited, and appetitive. By understanding the different classes of the city or parts of the soul, one will be able to appreciate how the virtues attribute to each one specifically. Book II of the Republic opens with Plato’s two brothers, both who want to know which is the better life to live: the just or the unjust. First, Socrates wants to know, “what justice and injustice are and what power each itself has when it’s by itself in the soul” (Cahn 130). One needs to understand what the soul is before one can talk about virtue because the relationship between the soul and virtue is excellence. This sets up the foundation that the structure of the soul and the city are similar in relation to the four virtues. In order for Socrates to accomplish this, he needs to examine the larger one first, the city, representing the ontological. Then, he is going to examine the smaller one, the soul, representing the epistemological. The establishment of each of these will display how the two mirror off one another, allowing the relationship between...
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...Case Study 2 2. What role did top management commitment play in developing the ethical work climate and organizational performance seen at Alcoa? What other ethical safeguards are mentioned in the case to support the company's effort at developing a strong ethical culture? Management role is always vital in any work climate and in that respect the role that Alcoa played cannot be ignored. From the beginning the company incorporated their values and documented what they thought was relevant regarding health and safety of their employees. Furthermore, they devised a plan for employees to follow the codes of health and safety so the company could achieve their goal of providing for stakeholders. The company considered the U.S. Federal Sentencing Guidelines, and Sarbanes-Oxley Act with all of the basic elements included. 4. Can Alcoa's "values in practice" be adopted by other organizations as a universal set of ethical standards leading to ethical employee behavior? Measures that Alcoa implemented were crucial to setting a standard for universal ethical codes and enhanced the ability of each employee to act in an ethical way. Furthermore, by employees complying with polices and procedures set by Alcoa, this created an environment of success for all. Elements of ethics and compliance program include: • Publishing the Guide to Business Conduct and other directional documents; • Deploying global business conduct training and communications to all employees; • Managing...
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...Mill’s utilitarian theory of justice Utilitarians tend to be among those who see no major divide between justice and morality. Utilitarians see justice as part of morality and don’t see justice to have a higher priority than any other moral concern. In particular, utilitarians think that we should promote goodness (things of value), and many think that goodness can be found in a single good; such as happiness, flourishing, well-being, or desire satisfaction. Utilitarian ideas of justice connect morality to the law, economic distribution, and politics. What economic or political principles will utilitarians say we should accept? That is not an easy question to answer and is still up in the air. We have to discover the best economic and political systems for ourselves by seeing the effects they produce (90). Utilitarians often advocate for social welfare because everyone’s well-being is of moral interest and social welfare seems like a good way to make sure everyone flourishes to a minimal extent. On the other hand utilitarians often advocate free trade because (a) free trade can help reward people for hard work and encourage people to be productive, (b) the free market allows for a great deal of freedom, (c) freedom has a tendency to lead to more prosperity, and (d) taking away freedom has a tendency to cause suffering. One conception of utilitarian justice can be found in the work Utilitarianism by John Stuart Mill (91). Mill said that justice was a subset of morality—“injustice...
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...circumstances, and it has important implications for the moral treatments of animals. Act Utilitarianism, however, encounters several objections. These include the calculation problem, meaning it is difficult to accurately predict and evaluate all possible consequences in terms of scope, intensity, duration, and probability. The moral saints problem, which places heavy moral demands upon us. Everything becomes a matter of moral importance, including our choice of clothing. The moral permissiveness objection, as it can approve any sort of action, breaking promises, assassinations, torture, etc. and finally the justice/human rights objection, as it can obligate us to violate a person’s rights or commit serious injustices. Of all these objections, the calculation problem may be easily solved, perhaps by employing rules of thumb to guide many actions. The justice/rights objection is probably the most serious as many people are concerned with the...
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...As companies conduct business internationally there are many issues it must be knowledgeable about to operate successfully. Two issues that were explored during Law/421 in week two’s simulation were how to address legal and ethical situations that arise when conducting business abroad. When resolving legal disputes in international transactions one must be aware of international and local laws. It is also important to know the customs and culture of the area where business transactions are taking place. Prior to conducting business abroad a choice of law must be established before any conflict arises. This will yield a resolution to the conflict that will be favorable for both parties. When taking legal action against a foreign business partner based in another country one should consider the laws of that country. Laws in others countries differ from those in the United States. Also when considering taking legal action on a company, one must analyze all possible cause and effects from that legal action. Taking legal action may be the company’s right to do, but it may cause negative customer relations in the area. In the simulation, CadMex’s decision to grant sublicensing agreements could be beneficial to the company yet work against the company. Sublicensing may cause the company to be liable in lawsuits due to the negligence of those sublicensed parties. When local customs and laws conflict with the customs and laws of an organization operating abroad, the laws...
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...Addressing International Legal and Ethical Issues Wayne Lambeth LAW 421 October 21, 2013 Richard Blackwell Addressing International Legal and Ethical Issues There are different ways that legal and ethical issue that can happen in the world of international business. A simulation has been viewed and completed that describes these issues and the possible decisions that can be made in those situations. The company is named CadMex Pharma who specialize in pharmaceutical development as well as healthcare products with an international company named Gentura who specialize in biotechnology. The following paper will discuss CadMex’s decisions made and the impact that it had on the company. Practical Considerations of Taking Legal Actions When entering into an international business agreement, there are certain considerations should be contemplated when taking legal action on a foreign business partner. In the simulation the best selection for a choice of law clause is to use the Candorean Regulations for Technology Import Contracts since Candoria is more likely to use their government’s rules and regulations in proceeding with the terms of the contract. Other considerations include cultural and employment issues according to their government policies that are in place. Factors That Can Work Against CadMex Sublicensing Decision The use of sublicensing could work in CadMex’s favor however; there are other factors that need to be taken into consideration when deciding to...
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...Chief Powhatan. The type of painting is made of oil canvas. The painting shows a lot of hate and love. I believe that the subject of the painting is justice and mercy because on the top of the painting is the king of the tribe. He shows leadership, order, and power. His people around him look up to him seeking wisdom and leadership. The king wants to punish the people who invade his land and especially the ones who take other lives. The painting is mostly dark colored with a white cloud surrounding Pocahontas. The tribe seem to be very close attached to each other. Even though everyone is Indian except for John Smith, Pocahontas has a European face. I feel like the painting is 3D. There are people ion the painting that do not stand out as much as the king, Pocahontas, John Smith, and the guy that wants to kill john Smith. Those four are standing out of the painting. Most of the lines are angled. Everyone is moving a certain way. There is a little of horizontal lines, but more angles are found in the painting. All of these elements were put together very well because it is showing that some of the natives are ready to fight by the posture of their body and their facial expressions. The back ground expresses the low class that the tribe is. It is very dirty with mostly everything broken and having torn clothes on. What is justice is the main question of the painting. Pocahontas is in love and is protecting John Smith. While...
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...Discussion Question #2 Week 1 How might you apply ethical philosophies and principles that summarize what you perceive to be the top five ethical issues challenging health care delivery today? What I perceive to be the top five ethical issues challenging health care delivery today are the following: * Avoiding conflicts of interest * Balancing profits with quality of care * Equal treatment of all patients * Managing decision making capacity of the elderly and very young patients * Addressing nurses moral distress when providing care with minimal benefits The ethical philosophies and principles that would summarize these issues for me would be a combination of the Natural Law ethical theory, and the Utilitarianism ethical theory. These theories would summarize the top five ethical issues I perceive to be a challenge in health care today. Describe at least two ethical principles discussed in this week's reading material. Apply those principles to two examples of ethical challenges that exist in the delivery of health care today. Do these principles assist in overcoming the challenge or do they create more of an ethical dilemma? Why? Natural Law Ethical Theory- This principle of ethics is defined as the position that rational reflection on nature, will yield principles of good and bad that can guide human action toward fulfillment or flourishing. Utilitarianism- This principle of ethics is defined as acting so as to do the greatest good for the greatest...
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