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Essays on dworkin theory of law as integrity
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Ronald Dworkins Legal Theory
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he theory of law as integrity
... he Relation between the Factortame Case and the theory of law as integrity
... Dworkin argues that the contemplation of law as integrity should allow the judges to apply similar methodologies, while making judgments on cases, and that such integrity should be derived from constructive interpretation.... He argues that law as integrity requires the judges to point out legal duties and rights due to the supposition that they are a product of the society as a creature, and that they stand for the society's idea of fairness and justice....
Ronald Dworkins Method
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The main point in Ronald Dworkin's theory of Constructive Interpretation of legal practice is the notion of law as integrity.... he main point in Ronald Dworkin's theory of Constructive Interpretation of legal practice is the notion of law as integrity.... According to Dworkin's principle of law as integrity, suggestions of law may be acceptable if they conform to the principles of justice, fairness and procedural due process, which offer the best constructive interpretation of the community's legal practice....
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Ronald Dworkin and One of His Leading Theories is the Theory of Integrity
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ntegrity is certainly a virtue for those who create and enforce the law as well as those who act as judges.... His contributions to the field of jurisprudence, the philosophy of law and political ideology have been widely acclaimed as well as opposed.... Is integrity a virtue of law?... His contributions to the field of jurisprudence, the philosophy of law and political ideology have been widely acclaimed as well as opposed (Burgess-Jackson, 1998)....
American Philosopher: Ronald Dworkin
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He viewed the theory of law as a theory that law begins as an abstract ideal and not as a result of a political process2.... Dworkin, in law as integrity, objects the idea of a judge voicing his or her moral or political beliefs.... Furthermore, Dworkin stated that for the law to make sense, it had to view the law as integrity.... The judge, a metaphor, develops a theory that justifies the law as integrity and finally comes up with the right answer4....
What Is Jurisprudence all About
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hile Jurisprudence can be seen as the theory of law, society itself can be seen as an individual body to which the theory of law is applicable.... Introduction Jurisprudence has many definitions but the various definitions as discussed by Hart (1997) and Dworkin (2002) seem to suggest that Jurisprudence is the understanding of law which comes from the theories and the fundamental philosophies followed within the law.... onald Dworkin is perhaps more important of these two legal thinkers since his contributions to the field of law extend far beyond jurisprudence alone....
Debate between Scalia & Dworkin
25 pages
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The aim of this paper is to demonstrate the manner in which the integrity of the US constitutional republic relies on devotion to the constitution in its original writing.... However, Dworkin's argument concludes that the law expression goes beyond understanding a system of grammar and words to include seeking for the original intention of the Constitutional authors, thus making the constitution the supreme law of the land.... On these grounds, the two conquer that judges should put into account the past decisions by courts during their determination of the law (Post & Siegel, 2006, p....
Harts version of legal positivism and Dworkins attack of Harts particular version
9 pages
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0 However powerful he puts forward his arguments, judges do not engage in the herculean process of constructing a total theory of law.... That is, law as it is and law as it ought to be are separate questions.... That is, law as it is and law as it ought to be are separate questions.... As is commonly understood, one of the central tenets of legal positivism is the separation of law and morals....
Education Platform and Learning Theory
4 pages
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An ideal educator should have integrity and be a good role model for the students.... Primacy also, as a law of learning insists that the state of being first creates a strong impression in that the first experience a learner has with a particular subject matter often sticks and has therefore to be positive and form basis of what is to follow.... Education Platform and Learning theory Course/Number Date Principles of Learning Principles of learning/ laws of learning are insights and theories aimed at and believed to enhance effective learning in students....
The Relationship Between Law and Ideology by Hart and Dworkin
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Ronald Dworkin is an American academic who has extensively contributed towards the development of legal theory which has been known as “law as integrity”1.... workin justified the use of the law as an instrument to intimidate and pressurize the law breakers.... Hart linked law as being a social phenomenon but he did not deny the impact of cultural norms and customs as influencing and manipulating the legal system35.... Herbert Hart was an important theorist and logician of law who presented the concept of legal positivism....
Dworkins Distinction Between Ethics and Morality
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The difficulty with Hart's theory of law is that although there might be moral or personal compulsion to obey laws such as the traffic laws, there is also the fear and the threat of punishment.... On the Role of Sanctions in a theory of law.... 8 For Hart, the individual was compelled to obey the law as a result of his own inner moral code and ability to reason.... 9 Thus both Hart and Austin recognized law as a human directed institution, but at the same time disagreed on the impulse that commanded obedience to the law.
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Hart's Contribution to Analytical Jurisprudence
23 pages
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The "command theory" offered a picture of law as a matter of commands (orders backed by threats) by a sovereign (one who is habitually obeyed by others, but who does not habitually obey anyone else) to citizens.... html From 1952 on he delivered the undergraduate lectures that turned into The Concept of law (1961, posthumous second edition 1994).... is visit to Harvard in 1956-7 led to his Holmes lecture on 'Positivism and the Separation of law and Morals' (1958) and a famous controversy with Lon Fuller....
Abstraction and Practicality in Legal Philosophy
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he law as a social construct is the premise.... In his classic work The Concept of Law9, Hart forwards his belief that those who include moral considerations in defining the law confuses law as it is and law as it should be.... ritical Legal studies27 also studies the law as applied in the political and iterpretative process and as it impacts upon the public.... The critical thought view law as an effect and not a genuine cause....
Analysis of International Law
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However, the positivist theory of law as propounded by John Austin rises in conflict with this basic principle of international law.... his underlying principle of international law is however opposed to the positivist theory of law that was advocated by John Austin, in which the existence of a sovereign body that formulates laws actionable within a particular jurisdiction is a vital element.... Similarly, American jurisprudence advocates law as a decision making process that also incorporates the social and political context, hence it may be more applicable to the consensual framework mandated in international law....
Problem within Probation Programs
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?? University of Pittsburgh School of law (57).... Within each of the theories established to help restore criminals into society is also linked to the theory of criminal justice established by John Braithwaite and Phillip Pettit.... The integrity and strength of the treatment, from this specific theory, is based on how well the outcomes are within society and what occurs in response to the reentry programs.... More important, the sentencing that is established from the policies and regulations is one which is able to show each of the individuals how to integrate back into society, as opposed to being a complete punishment with the law (Ashworth, 2006)....
Information Warfare and Security
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AN Times Guide to Security and Data integrity
... LAN Times to security and Data integrity Tom Stearns and Jeffrey Hsu, MacGraw-Hill, 0-7-882166-6.... It is evident that the rate distortion theory dictates that better results are achievable by quantizing vectors as opposed to scalars.... Additionally, the theory reaffirms that if signal samples are statistically dependent, that dependency is exploitable by jointly quantizing blocks of samples seeking to achieve better results compared to the scalar quantization.
...
Sustainable Management Futures
3 pages
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Loyalty is having unwavering allegiance to an affiliation or person integrity on the other hand is being free of any form of dishonest behavior (Johnson, 2003: 279).... The code of ethics is crucial for an organization as it leads to cultivation of good behaviors such as accountability honesty and integrity which makes the organization not to operate smoothly.... Legal considerations are crucial because it save an organization or individual trouble with the law....
Proper Role of Judges in the Legal System
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More so, they would use law retrospectively in hard cases which is against the rule of law.... In sum, the theory of justice is based on the argument that all political judgments should be decided upon injunction that people are equal as human beings irrespective of their social status or situations they are in.... They would use the law retrospectively in hard cases.... law is viewed as a way of condemning evil or wrongdoings of some people in society....
Managing Business Ethics at Wolseley UK
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The paper "Managing Business Ethics at Wolseley UK" discusses that Research on business ethics has substantially expanded over previous decades.... Managing business ethics within the workplace is vital as it brings about moral and valuable benefits for leaders and managers.... ... ... ... The following chapter examines the practice of business ethics in the workplace, particularly its impact on organisations and their employees....
Characteristics of Whistle-Blowers
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he theory of organizational justice proposes the relation between: procedural justice and level of satisfaction with the system; and distributive justice and outcome satisfaction.... A theory of Copiitive Dissonance.... The system supports the company's goals of create a culture of integrity and is directly reflected in the mission statement of the organization (PepsiCo, 2009):
... Thus this mechanism enables the company to integrate the values of integrity and ethics in the workplace....
Business Ethics and Corporate Social Responsibility
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hile evaluating the Coca Cola India case under a moral theory of ethical relativism, it activity can be viewed as ethical.... While the company declares that its products are of high quality and safe for consumption, it also lacks the integrity based on the case studies of controversies in Belgium, Antwerp and employment of African-Americans.... By allowing discrimination based on the race, Coca Cola failed to demonstrate its integrity and to act consistently according to its stated principles and values....
Business Ethical Dilemma
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If she elects not to give this information to her sister with regards to her fiancé's condition, she can maintain my integrity and get a good reference from her boss.... Nevertheless, because she will have to tell the news to Michael, which he will bring to light, she might keep her job's integrity and do the right thing.... It acts to simplify the moral law through a cost benefit analysis that decides on whether a decision is ethical (Gilliland et al, 2007)....
Nursing Models and Theories
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This strengthens the human being's integrity and coherence to redirect and direct interaction patterns between the environment and person in order to attain maximum health potential.... his theory was established by Dr Patricia Benner who asserted that skills and understanding development in expert nurses develops over a prolonged period of time.... According to her, an individual can gain skills and knowledge without necessarily learning the theory itself....
PRSA as well as the GDC professional code of ethics
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With regards to my own personal stance at the current juncture, as compared with Kohberg's theory of ethical development, it must be stated that a self assessment on this lends me to believe that I am in the social contract stage.... The key to realizing a degree of self satisfaction, honor, and integrity within any field or profession is to seriously engage with a full understanding and application of the way in which ethics are practiced.... The key to realizing a degree of self satisfaction, honor, and integrity within any field or profession is to seriously engage with a full understanding and application of the way in which ethics are practiced....
Public Procurement in European Union
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Considerations should be given to allowing other bidders offer other materials and comply with the Module of law in the tendering process in terms of specification.... Therefore, it is clear that this method of public procurements promotes the principle of the Model of law and the especially principle of transparency and equal treatment for all suppliers and tenders.... This method also increases value for money, and it creates a platform for competition that is another principle under the Module of law.
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Jurisprudence Law and Legal System
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Scholars define law as the sovereigns command supported by sanctions.... Identifying a law as well as the rights and duties positive laws that arise from it is an issue of social fact16.... The law is thus what the court says it is and statutes such as usages and customs are not the foundation of law.... According to Green, a society normally has a legal system if there are certain governance structures and not the extent to which it fulfills the justice ideals, the rule of law, or democracy3....
Leadership Analysis
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law and Order Special Victims Unit Name Institution Date Leadership entails the application of human intelligence to arrive at a logical decision, when faced with extreme life challenges (Northouse, 2010).... The intricate handling of sexual offense matters in the series, law and Order Special Victim Unit combines an exhibit of cop show.... series, law & Order: Special Victim Unit.... law & Order: Special Victims Unit is a fascinating T....
Criminal Representations
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“Those who follow the labeling theory of criminology ascribe to the fact that an individual will become what he is labeled or what others expect him to become; the danger comes from calling a crime a crime and a criminal a criminal” (Criminology, 2012).... om/ Chapter 31: Social Learning theory of Albert Bandura, (n.... Andy's integrity is an important theme and that too in prison where integrity is lacking.... ? Conflict theory defines the law and criminal justice system enables the norms and interest of the powerful groups in the society rather than society as a whole....
Thoreaus Justifications for Breaking the Law
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To build his case, Thoreau justifies breaking the law as a means of raising public awareness that a particular law is unjust or immoral.... Unsurprisingly, Thoreau offered three primary justifications for breaking the law: to raise awareness of an unjust law, to demonstrate solidarity with others who share the same principles, and to retain a sense of personal integrity.... he underlying message throughout all of his rationalizations, though, is a dedication to one's personal integrity....
International Relations Theory
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Democracy is constituted when limits to power is realized, mutual relations between the state and civil society are established, rule of law is upheld, constitutionalism promoted, and freedom and rights of all people are equally promoted through democratic participation, thus a strong state with functional democracy (Marks 1-19).... The fact that we have seen various changes within the open markets, security in cooperation, institutions regarded as international, community that is democratized, change that has been very progressive, problem solving that is collective in nature, and the observance of rule of law by many countries, are good enough to give evidence to the fact that even after the demise of US as the superpower, liberal internationalism will not collapse....
The Effectiveness of Different Leadership Styles
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Servant Leadership- a small scale team leader can emerge as "servant leader" by meeting the requirements of team, involving every team members in organizational objective achievements and lead by being an example of integrity and generosity (Armstrong, 2009).... Bureaucratic Leadership- leaders just follow the written work manuals and company principles to guide the work of subordinates and personal involvement of the leaders is very less in such leadership style (Wong and law, 2002)....
Proper Functions of Insolvency Law
23 pages
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The enforcement of individual creditors' needs versus the individual debtor's needs is the soft approach that the UK system of law takes and is NOT in the best interests of creditors because they should be able to get the maximum return of credit because they are already a loss.... This is closer to the US insolvency proceedings that Jackson argues are harsh on the debtor, rather than the soft system of law that the UK and EU traditionally enjoyed.... The following discussion is going to examine the theory of Professor Jackson and then consider whether he is indeed correct with insolvency law in the UK in domestic cases and then in consideration of cross-border proceedings where the EU regulations apply....
Supervision in the Criminal Justice Field
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theory of contingency asserts that “the best management model for a particular workforce depends on a range of situational variables.... This paper, Supervision in the Criminal Justice Field, seeks to examine the role of the first-line supervisors in law enforcement organizations, including the managerial responsibilities that supervisors often called upon to handle.... his paper seeks to examine the role of the first-line supervisors in law enforcement organizations, including the managerial responsibilities that supervisors often called upon to handle....
College and Motivation
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A recent research on Maslow's theory of motivation was carried out by Strawser et al, hypotheses that an individual's needs are arranged in a hierarchy from lower order to higher order needs.... recent research on Maslow's theory of motivation was carried out by Strawser et al, hypotheses that an individual's needs are arranged in a hierarchy from lower order to higher order needs.... His theory of motivation has five levels of intensity.... ccording to Maslow's theory of motivation, I would definitely like to be satisfied that my “Basic Needs” of food, clothing and shelter are met before I could try to educate myself....
Management Theory into Practice
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The Max Weber theory of management, also known as the bureaucratic management theory, is formulated on the Taylorian principles as proposed by Frederick Taylor in his scientific management theory.... However, it is more concerned with the management of an unpredictable event that poses a threat to the integrity of the organization and its stakeholders.... IMS: Operations integrity Management System
... Operations integrity refers to Safety, Security, Health and Environmental (SSH&E) performance, and the company has shown unswerving commitment in this regard....
Corporate Social Responsibility
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In corporate social responsibility: a multi-level theory of social change inJamali, D.... It will enhance the integrity and reputation of business.... This will reduce number of employee injuries and costly law suits.... Corporate social responsibility (CSR) or corporate accountability include the corporate activities that integrate the business strategy to the environmental concerns, values and decision making in improving the welfare the society....
What is Denoted by the Word Security
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This can further be restated to imply that security is the ability of the system to protect information resources and computer system with respect to integrity and confidentiality.... The underlying concept in this regards is that computer security aims to sustain confidentiality, integrity and authentication.... n the area of computer security, security can be achieved by preventing threats of unauthorised access in three main areas, namely confidentiality, integrity and authentication....
The Proper Function of Insolvency Law
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The enforcement of individual creditors' needs versus the individual debtor's needs is the soft approach that the UK system of law takes and is NOT in the best interests of creditors because they should be able to get the maximum return of credit because they are already a loss.... The researcher of this essay will make an earnest attempt to examine the theory of Professor Jackson and then consider whether he is indeed correct with insolvency law in the UK in domestic cases and then in consideration of cross-border proceedings where the European Union regulations apply....
Advances in IT and Benefits of System Security
17 pages
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From the current situation, the risks involved include: a) lack of efficiency, appropriate confidentiality, integrity and availability of information; b) misuse, modification and unauthorized access to the company's information; c) Harmful loss of important information.... reserving the security integrity
... mplement an efficient network that allows for integrity and availability of information.
... The exposures of the data are severe with no integrity controls to data released to the environment outside the network....
Challenging behaviour
9 pages
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The school should build a safe culture that promotes diversity through respect of law and order, respect of individual differences and positive role modeling by the school staff (O'Brian, 1998).... It is also a common law duty for education professionals to take reasonable measures to prevent the children with challenging behaviours from risky behaviours such as bullying and other safety risks.... The first theory that helps in understanding challenging behaviour among children is the behavioural theory that asserts that behaviour is a result of the learning environment (Prizant, Audet and Burke, 1990, p 184)....
Managing Behaviour in the Primary School
6 pages
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The school should build a safe culture that promotes diversity through respect of law and order, respect of individual differences and positive role modeling by the school staff (O'Brian, 1998).... It is also a common law duty for education professionals to take reasonable measures to prevent the risks that can be suffered by children with challenging behaviours such as bullying and other safety risks.... The first theory that helps in understanding challenging behaviour among children is the behavioural theory that asserts that behaviour is a result of the learning environment (Prizant, Audet and Burke, 1990, p 184)....
Unfair Labor Practices
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n law the term ‘unfair labor practices' refers to the case of employer's or union violation of the national Labor Relations Act (NLRA), the main federal labor law regulating employer and union relations in the private sector.... owever, in the given work the term ‘unfair labor practices' has a broader meaning and includes all the possible violations of the workers' rights under any labor law or regulation at the federal, state or local level....
The Cross Cultural Implications for a UK Manager Undertaking an International Business
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There are those cultures that are HUA: high uncertainty avoidance meaning that they will strictly adhere to the written rules and structured forms of law abiding and adherence to the set standards.... Hofstede (2001) theory of Cross Cultural Implications Culture is the way of life of a people and for a business manager to work competently in a cross cultural environment he needs to learn how to understand the cross culture and competently perform in the different cultural environment....
Applicability of deterrence theory
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"On the measure of the deterrent effect of capital punishment and theory of deterrence.... However, it is hard to ascertain the effectiveness of deterrence because a policy affects criminals and offenders that law enforcement agents notice.... Therefore, the law enforcement agents should inflict pain in order to discourage such acts in the future.... Therefore, they end up offending others and breaking the law.... However, violation of the law may still occur in spite the state performing their roles....
Ethical Theories as Guiding Principles for Decision Making
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This paper "Ethical Theories as Guiding Principles for Decision Making" is written to evaluate a particular case on business law and ethics, specifically delving into four ethical theories in the process: utilitarianism, the Golden Rule, Kant's categorical imperative and virtue ethics.... Assignment 4: Business law and Ethics Four Ethical Theories Introduction Ethics, like preference, may be considered a product of values.... In this regard, this essay is written to evaluate a particular case on business law and ethics, specifically delving into four ethical theories in the process: utilitarianism, the Golden Rule, Kant's categorical imperative and virtue ethics....
The Different Explanations for the Emergence of Classical Law
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The need to handle most of the legal injustices and justices that accrued during the industrial period led to emergence of the classical law as was applied in the case Ryan v New York and the Central Railroad9.... [Holmes] "The theory of Torts," 7 Am.... These two systems involved parallel fashions; however, it quite difficult to note with certainty which of them served as the model of the other ("The theory of Torts," 1873: 652)11.... "The theory of Torts," 7 Am....
Work Motivation in Workplace
11 pages
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X-efficiency theory of Leibenstein (1966) stressed that there are no assurances that an employee will work at its peak level because of the incomplete nature of supervisor surveillance and employment contracts.... These are expectancy theory and utility theory of work motivation.... This two factor theory of work motivation was an important starting point for identifying the reasons of classes of irks and perks.... “Towards a theory of work intensity”....
Ubers Unethical Practices in the Transport Industry
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Immanuel's theory of ethics is based on good categorical imperatives, which determine the moral laws of every individual on what one should do or should not do (Gavai, 105).... ant theory of ethics explain overall duty and moral respect for the law enforced by the either the government or by the institutions themselves to shun unethical acts of most industries that affect consumers privacy .... Therefore, the practice of Uber that violates and disregard customer's right is immoral and unethical as far as the Kant's theory of ethics is concerned.
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Individual Privacy in the Working Place
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According to deontology theory of ethics, responsibilities and obligations are to be followed when examining an ethical dilemma (Boatright, 2011).... he deontology theory of ethics requires the manager should adhere to his or her obligations to the employee (Peslak, 2005).... ccording to the ethical theory of utilitarianism, making a choice that provides benefits to the majority of people than one individual is considered to be ethically right (Schaefer, 2008)....
The Ethical Dilemma: Making the Moral Decision
6 pages
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I believe in the theory of virtue in regards to ethics and believe that our actions should adhere to the principle that "what is ethical is what develops moral virtues in ourselves and our communities" (Velasquez, Andre, Shanks, Meyer & Meyer, 2008).... Aristotles theory of virtue contends that rules, "prohibit certain types of action absolutely and such actions are among those which a virtuous man would do or refrain from doing" (MacIntyre, 1984, p.... Making an ethical decision is a process of self-reflection and personal integrity....
Sexual Harassment in the Hospitality Industry
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The company, being an organization with presumed integrity, competence and consistency, should offer all the needed benevolent support for the victims who rely from company for technical and emotional assistance (Emilian, Tuclea, Tala & Brindusoiu, 2009).... Such implies that as workers are symbolic image of the company, the protection of their rights is also the protection of company's integrity.... Fifth, all hospitality industry, should practice principle-and-value-centered policy so that customers would live up to its integrity and competence....