...Social Responsibility Classical Theories of Morality Walden University Nicomachean Ethics viewpoint by Aristotle, the Metaphysics of Morals by Immanuel Kant and the Utilitarianism Theory of morality view by John Stuart Mill are the three classical theories of morality. An individual’s acts did not define who they were morally, but the person’s life as a whole did according to Aristotle. Meaning, the things a person did over their lifetime would determine if they had morals or not. This was known as the Nicomachean Ethics viewpoint. In today’s society, this could relate to someone who was an overall moral citizen, but one day that changed for them and they did something horribly wrong. For example, a husband or a wife killing their spouse and the spouses lover because they were found cheating. Aristotle believed the action that was an abnormality should not be considered when considering whether the person was good or bad, but that their good works over their lifetime should be considered. Aristotle believed there were three types of life: one devoted to sensual pleasures, one seeking out political interests and the other being a life of thoughts (Arthur, J. and Scalet, S., 2014). With very different beliefs Immanuel Kant believed that if an action is wrong it will forever be wrong, and there is no justification for those specific actions. However, he does make note that most decisions are based on a sense of duty and people’s rights, and felt that those decisions...
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...Immanuel Kant, an influential theologian in the late 1700s, developed many theories relating to human nature and morality, most focusing on deontological, or absolute, ethics – ethics that focused on a moral act, rather than the consequences that followed it. Kant’s most important belief was that humans had many duties, one of the most important of those duties being not to lie. He then went on to say that, as it is our duty to always tell the truth, we should not falter on that, no matter what. Be believed that faltering in your duty was morally wrong, no matter what. He used an example of a murderer chasing their victim. If the victim had passed you and the murderer stopped to ask you where their victim had gone, you would be obliged to tell them the location of their victim – because then you would be doing your duty, even if harm were to come to the victim. Though an extreme example, Kant used this to explain the relationship between humans. He believed that if humans were to lie all the time, nothing anyone said would hold any value and no written documents would ever be a trustworthy source of information because no-one would be able to trust anyone else. This would ensure the fall of human beings, because a society built upon distrust would never thrive. So, to Kant, honesty was one of the most important parts of a human’s duty that could never be compromised in any situation for fear of destroying the human race. This absolute dedication to reliability of the truth...
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...The Categorical Imperative Immanual Kant Kant argues that all imperatives are commanded either hypothetically or categorically. The hypothetical imperative says that an action is good only as a means to something else. Hypothetical imperatives tell us about which means will be best to achieve our ends; however, they do not tell us anything about the ends we should choose. The categorical imperative says one should act only according to that maxim whereby you can at the same time will that it should become a universal law. In other words, Kant is saying that the nature of a moral act is one which would be the right thing to do for any person in similar circumstances. An example Kant uses to explain this theory involves a man who finds himself in need of money and plans to borrow money but he knows that he will not be able to repay the lender. When we consider how it would be if his maxim became a universal law we see that it is contradicting. A law that says that anyone can promise something with the intention of not fulfilling it would make the promise and its end to be accomplished by it impossible. He goes on to explain that “things” have only a relative worth as means while on the other hand rational beings are designated “persons,” because they are ends themselves and may not be used merely as means. The practical imperative states that you act so that you treat humanity, whether in your own person or in that of another, always as an end and never as a means only...
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...Der Mensch tickt nicht nur rational. Die Politik nutzt das aus, indem sie an unser Gewissen und an unsere Instinkte appelliert. Das soll der Gesellschaft nutzen – doch der Einzelne weiß davon nur wenig. Ist Ihre Liste mit guten Vorsätzen für 2013 schon fertig? Hier noch ein paar Vorschläge. Wie wäre es mal mit was Solidem, sich einen Organspendeausweis zuzulegen zum Beispiel? Oder: Endlich einen Riester-Vertrag abschließen. Die Klassiker gehen natürlich immer: Mehr Sport. Weniger Fett und Süßes. Aufhören mit dem Rauchen. Ambitionierte nehmen gleich das ganze Menü: Ein besserer Mensch werden. Doch ganz egal, welche Vorsätze es auf die Liste schaffen, die Wahrscheinlichkeit ist groß, dass sie Ende 2013 weitgehend unbearbeitet sind. Das liegt daran, dass der Mensch ein kurzsichtiges Wesen ist. Menschen ziehen die Belohnung jetzt der Belohnung morgen vor, egal, wie ungleich kleiner die Sofortbereicherung ist. Deswegen essen wir zu viel Schokolade und sparen nicht für das Alter. Das über die Zeit angenaschte Übergewicht und die drohende Altersarmut können die meisten dank ihrer hervorragenden Verdrängungskünste ausblenden. „Akrasia“, Willensschwäche, nannte Aristoteles das, ein Charakterfehler, der nicht nur dem Einzelnen, sondern auch der Gemeinschaft erhebliche Kosten verursacht. Zu viel Schokolade heute, teure Reha-Aufenthalte morgen. Zu wenig gespart fürs Alter, ein Rentenzuschuss morgen. Akrasia ist ein volkswirtschaftliches und damit ein politisches Problem. Deshalb hat...
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...SCHOOL OF LAW Year 2015-16 Term 1 COURSE OUTLINE COURSE CODE: LGST101 COURSE TITLE: BUSINESS LAW Course Instructor: Justin Chan Junhao COURSE DESCRIPTION A. Revised on 8 June 2015 This is an introductory course designed to help non-law students acquaint themselves with the framework of Singapore’s legal system and to understand the legal environment within which businesses operate. A substantial part of the course is dedicated to contract law, as the making and performance of contracts form the rudiment of all businesses. Students will also be introduced to the law of torts, in particular the tort of negligence. Other legal areas and concepts which, at the instructors’ discretion, will be taught include privity of contract, agency, business torts, commercial crime, e-commerce law, law of business organizations, intellectual property and international legal aspects of business. Upon completion of the course, students should: Understand the framework of Singapore business law; Understand and be able to apply the methodology of legal reasoning; Be able to identify key legal issues in a given commercial scenario and apply principles they have learnt; and o Be able to take steps to manage legal risks. o o o B. PRE-REQUISITES None. C. TEXTS AND REFERENCE MATERIAL PRESCRIBED TEXT George Shenoy and Loo Wee Ling (gen. ed.), Principles of Singapore Business Law (2nd Ed, Cengage Learning, 2013) REFERENCE MATERIAL Andrew Phang Boon Leong...
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...which he defines it as beings with the capacity to act in accordance with the representations of laws or a will (4:412). According to Kant, we are considered to be imperfect rational beings, in which our rational capacities are influenced by various incentives, and therefore, we must be governed by a moral command that will tell us how to act accordingly with the law. In a broad sense, the law is equally valid for all rational beings, and ought to follow is what Kant refers to as the “moral law” (4:227). And the moral command can exist in two forms, either hypothetical or categorical, but only one of which is ideal for the purpose of the moral (4:412). Hypothetical imperative tells us to exercise our wills in respect of our desire for personal ends, and it follows a form: “if you want achieve a goal A, you ought to do B”. For instance, if you want to pass the chemistry exam, then you ought to study for it. Although hypothetical imperative can be universally valid, it cannot be a moral law because it only apply for those who are seeking for the similar ends. On the other hand, categorical imperative is a moral command on how you ought to act, independent of any desires, and it follows a form: “you must do (or do not do) A”. There is no “if” in this statement, therefore making it unconditional and universally binding, which is valid to become a moral law (4:416). Further,...
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...Utilitarianism "According to act-utilitarianism, it is the value of the consequences of the particular act that counts when determining whether the act is right. Bentham's theory is act-utilitarian, and so is that of J.J.C. Smart. One objection to act-utilitarianism is that it seems to be too permissive, capable of justifying any crime, and even making it morally obligatory, if only the value of the particular consequences of the particular act is great enough. Another objection is that act-utilitarianism seems better in theory than in practice, since we hardly ever have the time and the knowledge to predict the consequences of an act, assess their value, and make comparisons with possible alternative acts. Modern act-utilitarians think that these objections can be met. Others have developed alternatives to act-utilitarianism, e.g. rule-utilitarianism, and other forms of indirect utilitarianism." The Penguin Dictionary of Philosophy ed. Thomas Mautner Ethical principle according to which an action is right if it tends to maximize happiness, not only that of the agent but also of everyone affected. Thus, utilitarians focus on the consequences of an act rather than on its intrinsic nature or the motives of the agent Classical utilitarianism is hedonist, but values other than, or in addition to, pleasure (ideal utilitarianism) can be employed, or — more neutrally, and in a version popular in economics — anything can be regarded as valuable that appears as an object of rational...
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...Kant’s distinction between a hypothetical imperative and a categorical imperative. Why does Kant think that all moral commands are categorical rather than hypothetical? What does it mean to act from a good will? Do you agree or disagree with Kant that only actions performed from a good will have moral value? Immanuel Kant Imperatives are commands in which Kant distinguishes between hypothetical and categorical imperatives. A hypothetical imperative is one that is relative. It takes the form of “If this, then that.” (333) This kind of imperative is not universal or absolute since they are conditioned on a relevant desire or greater achievement out of one’s self-interest. On the other hand, a categorical imperative deals with universalizability and strips away the emotions that bind a hypothetical imperative. Kant uses a formula in order to determine if an imperative is categorical. “Act as if the maxim of thy action were to become a universal law of nature.” (334) Kant suggests that if the command can be made a rule for all of mankind then it is categorical since this would make it universally binding. Kant thinks that all moral commands are categorical rather than hypothetical because only when one is motivated by morality can he have moral worth. This is because morality is not fixed in consequences that may arise, however, it is out of a person’s duty to fulfill that job regardless of their emotional state or desires, which defies a hypothetical imperative. To act from a...
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...Categorical Imperative. Kant believed that moral rules are absolute and needed to be followed by and for everyone to maintain order. There are two formulations to this, hypothetical imperatives and categorical imperatives. Hypothetical imperatives are things we should do in order to achieve our desires. If a person wanted to go to college, it is in their best interest to take the SAT. It is all hypothetical depending on your desire, but according to Kant, no matter what your desire is, you should help other people as part of his moral code. Moral requirements are considered categorical, the second formulation of Kant’s idea. The basics of categorical imperative is asking yourself, is the action I’m doing okay to become a universal law. With this principle, it limits everyone that follows it to be morally active. Kant provides a simple example, I ought to help someone that needs help because maybe I myself would need help and I would be grateful to receive the help. Kant’s universal rules include that lying should be strictly prohibited. If a lie was told, then according to the categorical imperative, lying would be done by everyone. A society full of liars would cause havoc and no one could trust each other, thus defeating the purpose of the categorical imperatives to keep everyone acting morally. A hypothetical was imposed, is lying to save someone’s life acceptable. Kant argued that lying no matter the circumstances was unacceptable. If the killer asked you for the location...
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...the evidence was insufficient to make a prima facie showing that either of the prongs could be established. Id. In Tomea, NJSC Justice Zazzali and Albin dissented. Both stated that the Laidlow and Millison doctrine must “recognize that in the year 2003 an employer's willful and knowing removal or disengagement of a safety device intended to protect a worker from serious bodily injury or death is not a “simple fact” of industrial life, that such conduct alone is a total breach of the social contract between the employee and employer, and that under those circumstances the employer should be barred from the safe harbor of the Workers' Compensation Act.” Id, at 384. It is interesting that the Tomea court foresaw the carpenter and saw hypothetical. In 2012, a carpenter brought a cause of action against his employer for an injury while making plunge cuts to six pieces of lumber because the saw guard was removed. Menkevich v. Delta Tools, No. A-1950-10T2, 2012 WL 986995, at *1 (App. Div. Mar. 26, 2012). The Appellate Division held that the defendant’s claims were barred by the Workers' Compensation Act because (1) there was no evidence that any employee was injured using the unguarded saw, (2) there was no evidence of any “close calls,” similar to Laidlow, (3) the employer didn’t install the safety guards because it might slow down work, similar to Laidlow, and (4) the plaintiff admitted that the cuts were made in a riskier fashion with a raised blade and the cuts could have been...
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...Law 252 Business Torts — Week One Course Reading Assignment 1 Part One: The "borderland" between tort and contract. Sommer v, Federal Signal Corp., 79 N.Y.2d 540 (1992); IKEA North American Services, Inc. v. Northeast Graphics, Inc., 56 F.Supp.2d 340 (S.D.N.Y. 1999). Part Two: Introduction to the economic loss doctrine. Grams v. Milk Products, Inc., 283 Wis.2d 511 (2005). ' I have edited the cases in this attachment. Le • ' 593 N.E.2d 1365 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S2d 957 • (Cite as: 79 N.Y.2d 540, 593 N.E.2d 1365, 583 N.Y.S.2d 957) Page I .'Sommer v. Federal Signal Corp. N.Y.,1992. Court of Appeals of New York. Beverly SOMMER et al., Respondents-Appellants, v. FEDERAL SIGNAL CORPORATION et Respondents-Appellants, andHohnes Protection, Inc., Appellant-Respondent, et al, Defendant (And a Third-Party Action and All Related Consolidated Actions.) May 12,1992. OPINION OF THE COURT KAYE, Judge. substitute-initially understood that 810 wanted normal service restored. But as the brief conversation proceeded, the dispatcher became confused by the caller's repeated insistence that he would "activate" the system and the dispatcher concluded-without attempting to elicit greater clarification from the caller, or any other confirmation-that 810 wanted its system taken out ofservice. Seven to nine minutes later, Holmes began receiving fire signals from the building. However, consistent with his mistaken impression that the system was to be taken out...
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...ABSTRACT This research paper tries to expound the conundrums of Causation and Remoteness and the role played by them in tort law. They are two closely linked topics and are, more often than not, contingent upon each other. Through this paper, I have tried to discern the line of distinction between the two while explaining how and why they have become topics for contention among legal scholars. The focus of this paper has been on understanding the concepts and the importance they hold in the process of identifying a tortfeasor. The various tests which have been used in the past for identifying the cause and the ‘closeness’ of the cause have also been taken up. They have been discussed in detail using various case laws. The limitations of these tests have been explored as well. Under what condition does a cause, which may have been proximate, gets ignored has also been deliberated and discussed. Finally the paper is summed up with a general solution which can help law courts to decide on the matters in question without getting involved in the technicalities which currently persist. CHAPTER 1 INTRODUCTION 1.1 INTRODUCTION In order to understand the role of causation and remoteness in tortious liability it is imperative that we have a clear idea of what the term causation and remoteness imply in tort law. Very simply put - In a tort case, it is essential to discover whether there was some act or omission by the defendant which caused damage to the plaintiff...
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...LAW OF TORTS, MV ACCIDENT AND CONSUMER PROTECTION LAWS II AMBIKA NEGI PRN NO- 15010321035 BA LLB (A) ROLL NO- 35 UNDER THE GUIDANCE MRS. M. V. CHANDRAMATHI Symbiosis Law School, Hyderabad Symbiosis International University, Pune CERTIFICATE The Project entitled- ‘Compensation to the motor vehicle victims- legislative and judicial approach” submitted to the Symbiosis Law School, Hyderabad for Law of Torts, MV Accident and Consumer Protection Laws II as part of internal assessment is based on my original work carried out under the guidance of Mrs. M.V. CHANDRAMATHI. The research work has not been submitted elsewhere for award of any degree. The material borrowed from other sources and incorporated in the thesis has been duly acknowledged. I understand that I myself could be held responsible and accountable for plagiarism, if any, detected later on. Signature of the candidate Date: 14 August 2015 INDEX S.NO | PARTICULARS | PAGE NO. | 1. | TITLE PAGE | 01 | 2. | CERTIFICATE | 02 | 3. | ABOUT THE PROJECT | 04-08 | 4. | BIBLIOGRAPHY | 09 | Compensation to motor vehicles victims – legislative and judiciary approach. In order to give effective rights to the person injured or expired in an accident, Fatal Accidents Act, 1885 was enacted in India. This Act provided only a procedure and...
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...If I study, then I get good grades. 2) I study. -------------------------------------------------------- 3) Thus, I get good grades. Example no.2 1) If p, then q. 2) Not q. -------------------- 3) Thus, not p. This form is called Modus tollens (" the mode of taking": take q, take p)."Not-q" simply stands for the denial of q, that is for the sentence "it is not the case that q."The same is true for "not-p." 1) If I study, then I get good grades. 2) It is not the case that I get good grades. -------------------------------------------------------------- 3) Thus, it is not the case that I study. Example no.3 1) If p, then q. 2) If q then r. ------------------- 3) Therefore, if p then r. This form is called Hypothetical syllogism For instance 1) If I study, then I get good grades. 2) If I get the good grades, then I pass the course. -------------------------------------------------------- 3) Therefore, If I study then l pass the course. Example no.4 1) p or q. 2) Not- p. ------------------- 3) Therefore, q. This form is called Disjunctive syllogism. For instance 1) Either I study or I get good grades. 2) I can't study. ------------------- 3) Therefore, I get good grades. Example no.5 1) p or q. 2) If p, then r. 3) If q, then s. ------------------- 4) Therefore, r or s. This form is called Dilemma. For instance 1) Either I study or I get good grades . 2) If I study, then I pass the course . 3) If I study, then I...
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...right from wrong. Every single human being is molded by their parents, teachers, and anyone else who is a part of their life, from there on is how we determine what is good and what is evil. It is my duty to preserve my life. This idea works because there are many people there are many people who hate their lives and yet they will still keep their life dear to them. These people are not doing it for self satisfaction; it is just their duty to live on. A man who longs for death because his life is full of disappointment and misery, he still preserves his life even without loving it. This does not come from inclination or fear, it springs from duty. Kant discusses the two laws that are produced by reason. The first law is the hypothetical imperative; a rule of action for achieving that end. For an example if you wish to buy a new house, then...
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