...Principles of Natural Justice Assignment Topic On Business Law Presented By Alexander T C , IInd Semester MBA Evening Batch 2010-2012 Assignment on Business Laws - Principles of Natural Justice Presented By Alexander T C MBA 2nd Semester IMK –UoK 1. Introduction :- Why Application of Principles of Natural Justice in Managerial Decisions is important? Most Managerial decisions that affect individuals and organisations are made by primary decision makers i.e. front-line administrators and managers. Only a minority of these decisions are reviewed by internal review officers, ombudsmen, courts or tribunals. The quality of administrative justice experienced by the public depends largely on primary decision makers ‘getting it right’. Central to good decision making is decision makers’ understanding of the legal and administrative framework in which decisions should be made. In turn, this depends on whether primary decision makers have adequate knowledge of that framework. While taking a decision a manager has to have the following in his mind to have his decision justified. Procedural Fairness Lawfulness Evidence, Facts And Findings Reasons Accountability 2. Definition:Justice is of two types namely Legal Justice and Natural Justice. Legal justice refers to justice governed by the law of the state and natural Justice refers to moral justice and is governed by the Laws of Equity. Justice done to one seems not injustice to another. So the goodness of a law...
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...Lord Bridge identified that “the so -called rules of natural justice are not set in stone...”[1] This highlights the uncertainty surrounding this area of law and understandably how the principles attached to it 'are in some confusion[2] due to the substantial changes over time. The initial separation between judicial and administrative cases proved problematic as it came with the notion of not providing executive-related cases a rigorous decision-making procedure unless they were solely of a judicial nature.[3] The enablement of all case types to be granted a court-like procedure wouldn't be very efficient, bearing in mind the amount of time and money that it’ll cost. The concept of filtering judicial from executive cases may have been beneficial but it raised issues that needed addressing, such as how justice would be served for those whose cases fall under the administrative sector. Professor D J Galligan stated that, “whenever the state, through its officials, decides how people are to be treated, considerations of fair treatment arise…”[4] It’s the tension between administrative autonomy and legal certainty which has now shaped the concept of natural justice[5], by incorporating procedural fairness into governmental law as a means of balancing these competing issues. The Latin maxims 'Audi Alterem Partem' [6] and 'Nemo Iudex sua Causa’ [7] form the two distinct parts of natural justice. The main issue in Popeye's case is the revocation of his license by the Harbour Authority...
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...Delhi Bar Council takes suo motu action against advocate AP Singh for "professional misconduct" Pallavi Saluja On September 17, 2013 - 6:51pm 7 The Bar Council of Delhi today issued a show cause notice to defence lawyer AP Singh for making unwarranted statements outside the court premises after the sentencing of his clients, convicts in the December 16 gang rape case. Singh had defended accused Akshay Thakur and Vinay Sharma in the recently concluded Delhi gang rape trial. Speaking to Bar & Bench, the Delhi Bar Council’s Chairman, Surya Prakash Khatry said, “We have issued a show cause notice to AP Singh. We have taken a suo motu action against him for his “professional conduct”. We have gone through the newspapers and various clippings capturing his remarks. The Bar Council has unanimously decided to issue notice. Out of 25 members, about 19 members were present at the meeting today”. Singh has to now either appear before the Council or file his reply by October 11 this year. Singh is in trouble for his remarks to media persons that he would burn his daughter alive if she has premarital sex or moves around at night with her boyfriend. However, Singh later told media that he had made the remarks under pressure from an individual, whom he described as an “anti-social element.” The Bar Council Secretary Murari Tiwari told Bar & Bench that they had received several oral complaints from various NGOs and other groups condemning the statement made by Singh after...
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...as arbitration agreements can also be made by private persons. The constitution, both written and unwritten plays a major role in the formulation of laws. The law plays a key responsibility in shaping economics, politics, as well as the society in different ways.[2] It also acts as a go-between of individuals’ relationships. Considering that law is connected with the political, economic, and societal worlds, it is regularly involved while pursuing social change. Social change is defined as the modifications in the manner in which individuals work, educate and oversee their children, raise their family, and search for life’s meaning.[3] In my opinion I agree to this statement that in considering the various applications and principles of justice, it can be said that the law, at its best, operates as an agent of change and, at its worst, serves as an instrument of coercion by social elites in society. For several decades, the society and law philosophers have strived hard with the aim of explicating the association between law and social change. The attempts have been made in the milieu of developing legal institutions. In this case, law is perceived as a dependent and independent variable influencing a society. The mutual dependence of law and social systems in a society are also stressed by philosophers. Individuals’ moral attitudes as well as their...
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...Law and Justice THEORIES OF JUSTICE Plato In Plato’s major work, The Republic, he used Socrates as a mouth piece to develop his on view of justice. Socrates outlines his, i.e Plato’s view of justice both for the individual and for society. Dealing with the man first; a man’s soul has 3 elements: 1. Reason 2. Spirt 3. Appetite or desire A man is just when each of these three elements fulfils its appropriate function and there is a harmonious relationship between them. Within society there are three groups society is just hen each class fulfils its appropriate function and there is a harmonious relationship between them. Therefore Plato viewed justice as harmony between the warring elements. Distributive Justice This is concerned with fairly shaking the benefits such as money, property, family, takes and civic duties of life within an organisation. Aristotle Aristotle stressed the need for proportionality and achieving the middle ay and a proper balance between extremes. He said a ‘just state’ ill distribute its wealth on the basis of worth (merit) therefore giving to each according to their virtue and contribution to society. He stated there was a need for corrective justice to ensure that individuals can keep what they are entitled to. The role of the court is making sure the offender does not benefit from his crime ad victim does not suffer loss. In this sense, the balance or ‘middle way’ is achieved. Thomas Aquinas Illustrated his view of...
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...the law. He states that civil disobedience must occur after four steps are taken. Collection of facts to determine whether there are injustices, negotiation, self purification, and direct action must occur before civil disobedience transpires. He argues that “there is nothing wrong in having an ordinance which requires a permit for a parade. But such an ordinance becomes an injustice when it is used to maintain segregation” (5). Ultimately, a law becomes unjust when it promotes injustice. This is when civil disobedience can occur as laws that promote segregation and inequality are unjust. King appeals to a higher law whenever a command of the state conflicts with his moral principles. Natural law can be described as King’s guide to civil disobedience. When the state does not conform with natural law, civil...
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...Discuss the extent to which judges do create and develop the law. Nowadays, law is not strange with all people. Similarly, almost people know the importance of judges. However not at all people can understand clearly how judge impact on creating and develop law. The purpose of this essay is providing some clear information and helping some people recognize the role of judges. To understand the role of judge, people should know who judges are or what they do. Firstly, judges are people who supervise a court of law. Exactly, the role of a judge depends on what country that judge works in, and what kind of court they preside over. Judges must be fair and honest. They must make decisions and give guidance based on the most authentic to the law, even if he or she does not personally agree. Because of this, the job of a judge is very important (Kagan, 2010). Next topic is the role of judges in creating law. With the assumption that the positive law has limits and sometimes the judges are supposed to expand its borders, people must understand what a positive law is, why it has limits and why and how a judge can change the and expand the law when it is necessary. The positive law mean the law that is sanctioned by the Parliament and Legislature, produced by legitimate and democratically elected representatives, systematized and accepted by the society. In democratic societies and countries, this law is a result of the work of elected officials and it reflects the political and...
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...Give an account of Aristotle’s teaching about Natural law Aristotle was the first practitioner to contribute to the creation of Natural Law as inspired by his mentor Plato he developed the relationship between Natural and conventional justice and outlined the use of Natural inclinations in Natural law. In this essay I will outline Aristotle’s contribution to Natural law. Aristotle’s works, Nicomanchean Ethics and The Politics illustrate the close between legal and political philosophy. In Nicomanchean Ethics, Aristotle argued that law supports a virtuous existence, advances the lives of individuals and promotes the ‘perfect community’. He proposed people should employ practical wisdom or active reason in order to behave in a way that is consistent with a virtuous existence. Aristotle defined justice as ‘a state of mind that encourages men to perform just actions, ‘just’ meaning ‘lawful’, ‘fair’ and ‘virtuous’. In theory, then, there exists a universal standard of natural justice which is unchangeable, but in practice there must always be a mix of natural justice and legal justice in the laws of the city. Therefore while the principles of natural justice don't change, natural justice in action varies because in applying natural justice conventional justice needs to be added. Aristotle divided ‘political’ justice into ‘natural’ and ‘conventional’ justice. According to Aristotle, the content of ‘natural’ justice (or ‘universal’ law) is set by nature, which renders it immutable...
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...“If you want peace, work for justice.” Henry Louis once said. The excessive cruelty and portrayal of human suffering in the play make the world seem terribly unjust. Throughout the play, King Lear, characters constantly appeal to the gods for aid but are rarely answered. Thus, justice would provide a fair and moral society, create a sense of moral righteousness, and ensure that crimes and punishments are in equilibrium. Ultimately justice in King Lear is served the best when the punishment surpasses the crime because the knowledge and compassion that the character gain has an everlasting effect on their life and makes them a better person. Hence, justice would be the most important component of society that would help store order and support the world, whereas mercy is an opposite that counters the necessary righteousness. All of us want to live in a world of peace and tranquility where opportunities are equal to everyone. Justice would provide us fairness and morality on how people commune within a society. One of the most notable instances of unfairness in the play is shown through Lear's banishment of Cordelia. Lear asked his daughters to profess their love for him. But when it came to Cordelia to confess her love, she cannot bring herself to do it. "Unhappy that I am, I cannot heave my heart into my mouth” (1.1.93-94). In reaction to Cordelia's refusal to act he disowns Cordelia, denies her of any inheritance. “Your loop'd and window'd raggedness, defend you/ from seasons...
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...deontological systems 3. Summarize cultural relativism. Provide examples 4. Distinguish between distributive, corrective, and commutative justice 5. Compare and contrast substantive justice and procedural justice. Give an example of each 6. Describe and discuss modeling and reinforcement and how it related to moral development 7. Describe and discuss Kohlberg’s moral development theory. What problems do critics see with his theory? 8. Describe Bandura’s definition of self-regulation and discuss at least four of the ways it can be “turned off.” 9. Discuss what potential ethical issues arise with community policing. Why might community policing act as an “insulator” against unethical behavior? 10. List and discuss Klockars’ four elements of police control 11. Define and describe what is meant by ‘reactive investigations.’ Give an example 12. List and discuss the psychological traits associated with officers that are likely to use excessive force. 13. List and describe various forms of law enforcement deviance presented in your text 14. What are the arguments for the acceptance of gratuities? 15. Discuss the research concerning use of force. What factors seem to be associated with it? 16. Explain how people distinguish between law and justice 17. Compare and contrast natural law and positivist law. 18. What are Good Samaritan laws? Give examples 19. List and discuss the major justifications for law presented...
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...The success of a political unit depends on the cooperation of that unit’s citizens. The citizens must acknowledge and accept their respective positions so as to maintain the social and political order, or, as Socrates articulates, to prevent revolution (422a). In Socrates’s discussion with his peers to define justice, one of the many debated definitions is one involving the successful performance of each individual’s appropriate function (346d). This meaning of justice as every person fulfilling a specific role supports the “noble lie” proposal. Considered one of many “necessary falsehoods”, Socrates propositions this “single, grand lie which will be believed by everybody” (414b-c) to promote a sense of unity among the ideal city’s citizens....
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...------------------------------------------------- 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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...human rights are more securely based on __________, which can be traced back from the works of modern thinkers such as Locke & Jefferson to medieval & Roman thinkers back to Plato & Aristotle. (a) communitarian theory, (b) natural law theory, (c) egalitarian theory, (d) civil rights theory. 2. The type of virtuous social order envisioned by Plato is called a __________. (a) democracy, (b) plutocracy, (c) meritocracy, (d) elected monarchy. 3. One of the basic ways in which one develops a virtuous character is from _______. (a) role-modeling, (b) having “peak experiences” & moving on to a higher stage, (c) just conforming to one’s culture, (d) studying philosophy. 4. Aristotle’s moral theory argues that _________________ is the primary end of human action. (a) following one of two extremes, (b) promoting utility, (c) acquiring virtues, (d) the happy life. 5. Another way of describing the end referred to in question 4 above is to___________________. (a) follow one’s duty, (b) contribute to human flourishing, (c) being civic, (d) fulfill the need for moderate pleasures. 6. In the long line of thinkers who have contributed to Natural Law theory of rights, one of the principles first put forth by Plato as both a natural & rational basis of justice/virtue is the principle of ________. (a)...
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...In Plato’s “The Republic” Book II, a philosopher by the name of Glaucon is introduced. He believes that the value of justice needs to be examined further. He does not agree with what Socrates’ defines as justice. Socrates believes that justice is a worthy goal as both an end and as a means to an end. Glaucon offers to play the devil's advocate to Socrates’ view of justice by saying that justice has no intrinsic value and only the consequences matter. Glaucon uses Thrasymachus’ argument, from Book I, as the basis for his first point. Thrasymachus believed that anything ‘good’ could be separated into three categories. The first represented anything that was a “good we like for its own sake (Plato 33)”. The second category represents things that are good based...
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...Nozicks’ book Anarchy, State, and Utopia, he describes what would be the best form of a fair and complete society. Through the points of natural rights, minimal state and the unjust actions of wealth distribution, he draws out the reasoning of how a classic liberationist is the plan for an honest community. Robert Nozick makes a statement in the very first sentence of his book Anarchy, State, and Utopia, “Individuals have rights, and there are things no person or group may do to them (without violating their rights) (Nozick ix).” He makes a foundationalism stand point on his beliefs of what are labeled Nature Rights. These moral rights are called natural rights because the precede everything from government to society and are rights that we are born with. All individuals hold these natural rights. The major natural rights are usually listed as just three but according to 1600s philosopher John Locke there are a few more,” The state of nature has a law of nature to govern it, which obliges every one: and reason, which is that law, teaches all mankind, who will but consult it, that being all equal and independent, no one ought to harm another in his life, health, liberty, or possessions… (and) when his own preservation comes not in competition, ought he, as much as he can, to preserve the rest of mankind, and may not, unless it be to do justice on an offender, take away, or impair the life, or what tends to the preservation of the life, the...
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