Torts - Egalitarianism And Distributive Justice

Questions: Read James Gordley, Tort Law in the Aristotelian Tradition in David G. Owen, Philosophical Foundations of Tort Law, (Oxford, 1995) 132. Note also that Peter Cane has written that corrective justice provides the structure of tort law within which distributive justice operates. Cane, Distributive Justice in Tort Law, New Zealand Law Review [2001], 401 at 413. Using the above as a starting point, analyse and discuss the relationship(s) between distributive justice and commutative justice in the following cases: Case 1 (Michigan Court of Appeals, USA): Taylor v. Kurapati, 600 N.W.2d 670 (Mich. App. 1999), 236 Mich. App. 315 available at https://www.leagle.com/decision/19991270600NW2d670_11238 Case 2 (High Court of Australia): Harriton v Stephens (2006) 226 ALR 391; [2006] HCA 15 (9 May 2006), available at https://www.austlii.edu.au/au/cases/cth/HCA/2006/15.html? Answers: Introduction: Distributive justice is concern about the distribution of socially allotted goods in a particular society. A society where supplementary disproportion in result does not take place would be well thought-out in a society directed by the doctrine of distributive justice[1]. The perception contains the obtainable number of goods, the procedure by which goods are to be dispersed, and the resultant allotment of the goods among the members of the entire society[2]. Where as a principal of commutative justice specifies that the process by which an individual ought to be treated in a provided category of action as well as transactions. In the concept of commutative justice the right of a person to be treated equally with others in the same class is prescribed . In this context various aspects relating to the distributive justice as well as the commutative justice are going to be discussed, its applicability, relevant measures and other collective essential elements of these two important con cepts with reference to two given case histories. Case 1: Here in the mentioned case, the plaintiff has filed a suit against the defendant who is a physician, on the ground that at the time of pregnancy of his wife, the defendant has tried ultrasound upon the pregnant lady by virtue of that the child took birth with several disabilities. The parents of the child that is the plaintiff filed the suit against the defendant with some sought of emotional aspect and the suit has been dismissed by the Wayne Circuit court, on the ground that in this regard there is no scope for emotional aspects, here the ultrasound was given with the due consent of the concern party, so the defendant cannot be held responsible for that [3]. The plaintiff approached to the appellate court of law. Under that scenario the cause of action arose on the basis of that the physician has not suggested the parents of the child about the possibility of disability at the time of taking birth. The law made in this regard that the woman will be at a liberty to decide her pregna ncy, whether she would like to keep the child in womb or she would like to terminate the pregnancy is totally depends upon the discretion of the concern woman. Here the doctrine of commutative justice came into action. The law prescribed that every woman shall have the liberty to determine her pregnancy, whether the child in her womb shall be aborted or not that also is decided by the woman herself. So, in this case the principal of commutative justice is applicable as to the entire to woman in general throughout the territory of the concern nation[4]. With this regard all the woman possesses a right to terminate her pregnancy. In a collective nature it can be observed that in accordance with the rule of commutative justice the right of the woman shall be consider a general right for all the woman[5]. All of the pregnant woman shall be treated equally as to implementation of their rights. Justice is not eternal; the scope of the doctrines relating to justice may change as per the situation demands[6]. Here the collective rights of the women in general is considered as per the rules of the commutative justice but in future it may be changed but not in suo moto manner it have to be changed in another case decided by the court of law with competent jurisdiction[7]. Case 2: The plaintiff, Alexia Harriton, a 25 years old lady with brutal innate disabilities that had been inflicted by infection of her mother along with therubella virusat the same time as pregnant with her.These disabilities made Harriton not capable to take care of herself. The respondent, Mr. Paul Richard Stephens, was a famous doctor, he was appointed for the treatment of Harriton's mother at the time of her pregnancy. Later than reviewing and conducting pathological investigations, the respondent advised the pregnant lady that she do not have any virus known as rubella virus.The mother of Harriton asserted that she would have like to terminate her pregnancy if it was known to her that her child is going to be disabled. At the time of litigation the plaintiff argued that the doctor has not taken proper care of the pregnant lady and has not examined her properly, for that purpose he was unable to disclose the fact that the child in her womb shall be a disable child. This was the case of wrongful life, but it has occurred due to the negligence from the part of the concern doctor. Justice Studdert has dismissed two out of three cases relating to wrongful life cases pending in front of him this case was also one of them; thereafter the plaintiff approached the appellate court of New South Wales. The court of law dismissed the appeal with two third majorities. In accordance with the statement of the Chief JusticeJames Spigelman, the suggestion that the responsibility of a doctor to an unborn baby extensive to carry out that, correctly completed, would show the way to the annihilation of the pregnancy "be supposed to not be acknowledged as it does not replicate principles usually, or still widely, considered in the population." [8]. Here in this case the principal laid down by the doctrine of distributive justice comes into action. The doctrine specifies that proper distribution of goods among the members of the society. In this case the goods does not signify any product or any commodity, here it signifies the right of the concern people. The right of the pregnant woman that is the mother of Harriton, she had the right to know about the disabilities of the child in her womb but that right has been infringed by the doctor. In general, the rights which are going to be distributed among all the women in the society, after settling down the subject matter in dispute. The right that shall be adjudicated by the court of law with competent jurisdiction shall bind all other inferior courts as to its applicability[9]. In this regard the doctrine of commutative justice is also applicable to a certain extend in the course of the litigation procedure. In this case commutative justice does not mean the actual way of treating a woman in the course of her treatment in pregnancy period. Regardless it deals with rights of a woman in the course of her pregnancy while having treatment from a recognize doctor. Conclusion: After the above discussion it can be summarized that every time the doctrine may not be applicable as to its literal meaning, in some cases it is implied in nature. In these two mentioned cases, the major concern is the rights of the women which have been infringed. All the term shall be meaningful to its grammatical or literal meaning is not correct, in this case both the doctrine of distributive justice as well as commutative justice is applicable in an implied manner. If anyone would like see the implementation of the actual literal meaning of those doctrines then it would be next to impossible as in this case the doctrine is applicable upon the right of the pregnant woman not upon any goods or commodities[10]. Reference [1] Tsachi Keren-Paz, Torts, Egalitarianism And Distributive Justice (Ashgate, 2007).[2] Julian Lamont, Distributive Justice (Ashgate, 2012).[3] Hans-W Micklitz, The Many Concepts Of Social Justice In European Private Law (Edward Elgar, 2011).[4] Theo Papaioannou, Reading Hayek In The 21St Century (Palgrave Macmillan, 2012).[5] Carl Knight and Zofia Stemplowska, Responsibility And Distributive Justice (Oxford University Press, 2011).[6] Damien Conus, Commutative Justice (2001).[7] Thomas F McMahon, Ethical Leadership Through Transforming Justice (University Press of America, Inc., 2004).[8] Eric Laws, B Prideaux and K. S Chon, Crisis Management In Tourism (CABI, 2007).[9] Prue Vines, Law Justice In Australia (Oxford University Press, 2005).[10] Ellie Vasta and Stephen Castles, The Teeth Are Smiling (Allen Unwin, 1996).

The film that I would like to ... free essay sample

The film that I would like to analyze is the Slumdog Millionaire, which is a 2008 British drama film, is directed by Danny Boyle. The screenplay is produced by Simon Beaufoy and the film stars are Dev Patel, Freida Pinto, Madhur Mittal, Anil Kapoor and Irrfan Khan. (Wikipedia, n. d.). This film tells a story about an Indian teenager, who was called Jamal Malik, came from a poor, slums area of India. One day, he participated a TV show which was Who wants to be a Millionaire and finally he won 20 million rupees. However, the host thought that Jamal was cheating as he was able to answer all questions correctly. Jamal recalled his memory in the childhood and he loved and had lost the girl called Latika. Therefore, this movie can bring certain themes such as poverty, love, cruel reality, prejudice and determination. Hence, I would like to explain how the narrative structure and editing can brings such themes of this film. We will write a custom essay sample on The film that I would like to or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page First, this film shows cruel reality of the Slumdog to the audience. This can be shown in a flashback narrative structure. For example, when Jamal was ready to answer the first few questions, he recalled his memory on childhood- his adventure in escaping the slums with his older brother, Salim after the Hindus attacked his home and killed his mother, which left Jamal an orphan. (New York essays, 2016). Therefore, this led to profound physical and mental effects on Jamal. This scene shows the cruel reality of the poor, especially children who have to face the pressure from the cruel reality and hence Jamal felt his destiny was very poor and unsatisfied. As a result, Jamal had to face cruel reality to grow up.Besides, the theme of this film is prejudice. Prejudice means an unreasonable attitude, opinion or feeling, regarding a social, racial, religious and ethnic group. (Prejudice, n.d.). In the beginning of the film, we can see that Jamal was caught by the police because Jamal was supposed to cheating on the game show Who wants to be a Millionaire. Then, police and he watched Who wants to be a Millionaire on television. The shot focus on television (point-of-view shot) in which Jamal introduced himself that his occupation was operator of XLS communication, the host of the game show and the audience teased him, said Jamal, you have a very high social status. Why do you join this competition? From the above scene, we can see that the host of Who wants to be a Millionaire stereotyped people who have low social status or the poverties. In addition, in the middle of the film, there was prejudice of the religion and gender. For example, before Jamal answering sixteen thousands rupees question, the narrator used flashback to recall his memory on the childhood some women and some men were washing clothes in the river, however, some men who believe in Islam. They were approaching to the women whose belief in Indian religion. Then, men fight the women. Jamal continued to run in order to avoid the Islam man from attacking. During the progress, Jamal had seen Indian God. Finally, after his flashback, he answered the question successfully. Therefore, in the several flashbacks, it shows the prejudice of religion, gender and social status.

Sample Interview Essay For Students

Sample Interview Essay For StudentsA sample interview essay for students is one of the most vital elements in your job search. If you don't write them, the students will not even know that you exist. You need to have at least one sample essay written before you are hired. And I would say you need three.The first and most important part of a job interview is to get to know the employer and their company. So you need to have a variety of samples and essays written. You need to show them what you can do for them and what kind of work you are capable of doing.You also need to know how to prepare for the interview. The interviewer is probably going to ask you questions about your work experience, or past projects, or past education, or other things. Knowing these things will make you seem more professional and will be helpful when it comes time to answer questions.But there are some things that are very difficult to prepare for, and those are the actual interviews themselves. You can prac tice your answers to interview questions in your head. But when you are actually out on the interview stage, you need to know what to say.A sample interview essay for students can be one of the best tools to use. They are written with specific situations in mind, so it will cover everything you need to say. This way you can practice things, and then when it is time to go on the interview, you know what to say without having to say anything.I've seen students that I've hired over the years give very boring answers to interview questions. They were not prepared, and this made it clear that they hadn't had enough practice, and that's a problem.Students should be prepared for everything, but sometimes it just isn't possible. It may be that you have to rely on memorization. But if you want to be a successful employer, you will have to pay attention to your interview preparation.Resume writing, interview prep, resume writing, interview preparation...it's all the same thing. You can't writ e resumes well, and you can't prepare to be an employer in a way that allows you to tell your employers what you can do for them. These are skills that you can learn and put to use. This is just the tip of the iceberg.

Bias Research Article Review

Bias Research Article Review Abstract The review of five articles listed in the reference page reveals that there are flaws in cultural bias and research testing. These gaps are evidenced because standardized testing on achievements reveals that several disparities exist between the performance of different groups of students, that is, middle class students versus those from low income families, and Caucasian students and those of color. Advertising We will write a custom essay sample on Bias Research Article Review specifically for you for only $16.05 $11/page Learn More However, the articles have failed to provide some in-depth analysis on how to deal with issues of cultural bias in research and testing. From the review, it can be learned that scholars who engaged in research on the cultural gaps are often confronted with some paradox. For instance, it can be ascertained from the review that it is difficult to tell whether the cultural gaps are due to differences in the levels of ach ievement or as a result of measurement bias in the research instruments. It can also be ascertained that most parts of the articles examined explore both the socio-cultural methods and psychometric approaches to answer the question of cultural bias in research and testing. In addition, it can be learned that both the socio-cultural and psychometric approaches have been employed to identify various astounding issues, which require those who are directing the test to maximize the achievement testing values for different students. Even though, these articles have shed some light on the main problem of cultural bias in research and testing, still more in-depth analysis is required that can include some recent developments such as the impacts of the â€Å"No Child Left Behind Law†. Discussion and Conclusion In fact, it can be learned that achievement gaps in American education are major cultural challenges that need to be addressed by research. These cultural challenges are not a dequately analyzed in Cronbach’s article examined since they have just been presented as mere testing artifacts (Cronbach, 1975). It should be learned that the challenges appear in multiple forms, ranging from various aspects, such as school dropout rates, college completion rates, participation of students in school remedial programs, and graduation among others (Frisby, 1998). Indeed, the analysis of the multiple indicators would give a clearer picture than the simple analysis of cultural bias in students’ learning process. And, this is factual in the sense that some students have been found to be non-achievers in education as others. Arguably, this is not a simple problem about students’ mis-measurements as presented in Herrnstein and Murray’s article examined in this review (Herrnstein Murray, 1994).Advertising Looking for essay on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Indeed, cul tural bias is a major systematic problem not only in the American education, but also the other parts of the world. It can be ascertained from Berk’s article review findings that cultural bias in the American education system is deeply rooted in multiple cultures as well as the society where students live (Berk, 1982). Therefore, it should be learned that the solution to cultural bias in research and testing cannot be found by blaming the test and curriculum, which Eels, Davis, Havighurst, Herrick, and Tyler presented to be having inherent bias towards some dominant cultures (Eels, Davis, Havighurst, Herrick, Tyler, 1951). In sum, the problem of cultural bias in research and testing can be solved by engaging some thoughtful and careful collaborative efforts among the policy makers, practitioners and researchers from various disciplines of study. Therefore, it is important to learn that the study on cultural bias in research and testing should involve both the socio-cultur al and psychometric perspective. Finally, further research should emphasize on the role of educators, especially on what students ought to learn and possible ways to accommodate students from different cultures. References Berk, R. A. (1982). Handbook of methods for determining test bias. Baltimore: Johns Hopkins University Press. Cronbach, L. J. (1975). â€Å"Five Decades of Public Controversy over Mental Testing†. American Psychologist, 30.1: 1-14. Eels, K., Davis, A., Havighurst, R., Herrick, V., Tyler, R. (1951). Intellectual and cultural differences: a study of cultural learning and problem-solving. Chicago: University of Chicago Press.Advertising We will write a custom essay sample on Bias Research Article Review specifically for you for only $16.05 $11/page Learn More Frisby, C. L. (1998). Culture and cultural differences: Test interpretation and diversity: achieving equity in assessment. Washington, DC: American Psychological Association. He rrnstein, R. Murray, C. (1994). The bell curve: intelligence and class Structure in American life. New York, NY: Free Press.

Sample Grooms Wedding Speech Writers Rescue You in the Most Crucial Moments

Sample Grooms Wedding Speech Writers Rescue You in the Most Crucial Moments Sample Grooms Wedding Speech: Writers Rescue You in the Most Crucial Moments A wedding is one of the most important days in our lives. You’re usually so busy preparing for this day that you may not even have time to write a wedding speech. In this case, you need some help. Of course, you can refer to any number of wedding speech writers to create it for you, but it’s better to craft your own. If you want to create a masterpiece, you’ll need to know what you’re shooting for. Take a look at this sample groom’s wedding speech to get some ideas for your own one. I want to begin today by saying that I would never have been standing here if it were not for my friend Jake. He introduced me to Elena at the beginning of my sophomore year, and although Jake couldn’t be here today since he is currently serving his country on a deployment with the Air Force, he’s the reason for my greatest happiness. Over the past few months, my beautiful wife has been searching for the perfect dress. She visited stores, she looked online, she even went to a theatre sale trying to find just the right thing. It happens that our community theatre has several wedding dresses that they are getting rid of at a great price, and those who know Elena and me, know how much we love getting great deals. But when Elena came home and told me that she’d found the perfect dress at the theatre sale I couldn’t help, but keep picturing something from The Bride of Frankenstein. Elena looks good in anything, but I didn’t want to have to paint my face green to match. When she walked in today, I knew that my fears had been in vain, because I saw walking toward me the most elegant, exquisite woman in the whole world – and she found the perfect dress to make me feel that I’m the luckiest man alive. Naturally, I also want to thank Patricia and Kevin for the way that they’ve made me feel a part of the family. They’ve welcomed me with open arms and just a couple of shotgun jokes since I first came home with Elena for Thanksgiving and that’s not something that everyone is lucky enough to have. Since I lost my own parents three years ago in a car accident, it’s been hard to feel alone in the world, although my brother Greg has been a great comfort to me, and I’m grateful to have him as my best man today. He really is the best man that I know. I wouldn’t have said that when he was stealing my girlfriends in high school with his devilish good looks, but now that I have Elena, it’s just as well he did. Having him here by my side is an honor and I’ll be proud to do the same next year when he marries Kate. I will also be remiss if I do not thank Elena’s bridesmaids, Rania and Tamika. They have not only stood by Elena and done everything from lending her jewelry to finding us cheap airline tickets to Bali, but they’ve taken a lot off my shoulders helping to plan the honeymoon and getting us the best caterer around town. Just as we’ve had so much help planning this day and getting here together, we feel that we have all of you supporting us as we begin married life together, and we’re grateful for you all. Thank you so much for being here and for helping us become the people that we are today. References: Bell, S. (2016, June 07). 7 Tips for Avoiding a Wedding Toast Disaster. Retrieved December 27, 2016, from nytimes.com/2016/06/12/fashion/weddings/7-tips-for-avoiding-a-wedding-toast-disaster.html?_r=0 Busfield, S. (2010, July 13). A mans guide to marriage: the speeches. Retrieved December 27, 2016, from https://www.theguardian.com/lifeandstyle/2010/jul/13/mans-guide-marriage-speeches Ehrenfeld, T. (2009, November 21). To the Happy Couple, and My YouTube Clip. Retrieved December 27, 2016, from nytimes.com/2009/11/22/fashion/weddings/22FIELD.html Feiler, B. (2012, June 16). The Art of the Wedding Toast. Retrieved December 27, 2016, from nytimes.com/2012/06/17/fashion/the-art-of-the-wedding-toast.html Feiler, B. (2015, June 20). Turning to a Ghostwriter for a Personal Toast. Retrieved December 27, 2016, from nytimes.com/2015/06/21/style/toast-whisperers-ghostwriters-personal-speeches.html Foster, B. L. (2016, June 07). It’s a Wedding Toast. What Could Go Wrong? Retrieved December 27, 2016, from nytimes.com/2016/06/12/fashion/weddings/its-a-wedding-toast-what-could-go-wrong.html Gladwell, M. (2014, August 09). Malcolm Gladwell: how I ruined my best friends wedding. Retrieved December 27, 2016, from https://www.theguardian.com/culture/2014/aug/09/malcolm-gladwell-how-i-ruined-best-friends-wedding If you are looking for professional custom speech writing services to get your wedding speech written by experts, dont hesitate to contact us.

Case study review Coursework Example | Topics and Well Written Essays - 1000 words

Case study review - Coursework Example However, one weakness reflected is that of high operating expenses. This is because the revenue is in â€Å"billions† whereby the net profit is only amounting to a few â€Å"millions†, thereby reflecting high expenses. High expenses could lead to operational inefficiency as well as higher prices for customers; therefore, they need to be controlled. On the other hand, the company has the opportunity to grow as it is currently only medium sized. By employing more people and increasing operations it can take advantage of economies of scale and lower prices for customers. Finally, it is likely that the company is facing the threat of high expenses owing to factors beyond its control such as rising labor costs and interest rates. 2. Fitness First Group Ltd Fitness Ltd’s strength lies in its geographic diversification as it is â€Å"international† in nature and has operations in 15 countries. Therefore, it can take advantage of lower costs in other countries as well as reduce legal and regulatory risks by operating in different countries. However, it may potentially possess weakness in the form of mismanagement of multi-cultural international markets. Furthermore, since the company is large in size and scale, HR conflicts and conflict between the strategies for home country versus host country is likely to be inherent. The company faces the opportunity of further expanding its geographic base and expanding into other countries, such as emerging BRIC economies, to take advantage of the rising health issues and increased demand for fitness by consumers in these countries. Furthermore, it can â€Å"go public† rather than remaining a private limited company as doing so will give it access to greater amount of finances and capital to run the business. This is particularly relevant because the company has international operations which may require share capital to sustain them. Finally, the company faces the threat of intense competition owing to its international operations. It is worth noting that the company may have to compete with already established players in countries other than its home country which would entail a potential risk of failing in those countries altogether. Furthermore, customers’ preferences, habits and lifestyle may be different in these countries and this is particularly relevant since the company is offering lifestyle-based service- fitness. 3. Oxford BioMedica plc The company’s strength lies in its association with an already established brand- â€Å"Oxford University† which shall give it enhanced reputation compared to its competitors. However, its weakness is that the company may require greater funds for further research and development as scientific research is typically cost. An amount of ?130mn may, therefore, be insufficient for this purpose. As far as opportunity is concerned, the company may have access to greater funding owing to funds provided by health and scientific organizations that generally have huge budgets for research and development. This funding can be used to develop innovative medicines as is the core mission of the company. However, the threats are also likely to be high owing to the controversy surrounding â€Å"gene-based† medicines. This means that lack of political will and regulatory compliance may delay patent protection which could ultimately put the large

HRM Essay Example | Topics and Well Written Essays - 2500 words - 4

HRM - Essay Example onsibility for any defeat, injury, or damage resultant from, or occurring in association with, the use of in order contained, described, disclosed, or referred to in this account. The research work starts with the foreword of human resource management. The task will try to center on the idea of human resource management strategies and human resource behavior of McDonalds eating place ltd, the association where I am working. The object of this assignment is to connecting the models of HR strategies with McDonalds and summarising HR behavior like presentation management, incentive and rewards and HR planning. For the reason of HRM strategy I am applying the best practise and best-fit replica with McDonalds. Furthermore, it explains the human resource activities of McDonalds eating place ltd and finish with an suitable conclusions and recommendations that can get better the HRM strategy, HR behavior and the role of the HR meaning within McDonalds eating place Ltd in arrange to achieve greater than before organisational presentation. According to the yearly report of Macdonald human resource management is a strategic and logical approach to the management of an organisations the majority valued possessions: the people operational there who individually and together add to the achievements of its object with the great competence. The aim of HRM is to help the organisation to attain success through the help of public. HRM strategy is an approach for creation decisions on the tactics of the organisation (Dowling P.J, Welch D.E, 2004). These tactics are concerned with the worker relationship and its staffing, training expansion, performance management, rewards and worker strategies. The basic behavior followed by HRM is that of as long as services to internal clientele. These include middle management team head, line managers and employees. The services cover all the aspects of HRM like human resource planning, staffing and selection, worker development, worker rewards,