The Moral And Ethical Dilemmas Facing The Lawyer And The...

Introduction Alice Woolley compares the practice of philosophy with the practice of law, and considers the question of how lawyers and philosophers differ. Although there are many characteristics of the lawyer and the philosopher that overlap, Woolley identifies several key differences including truth, morality and time. This paper will argue that Woolley is indeed correct to assert that lawyers are bound by time, community conventions and norms; whereas, philosophers have no such constraints. The lawyer is constantly trying to balance his duty to the court, the client and himself. That which a philosopher believes is right or wrong can change through education and self-development. However, the moral and ethical dilemmas facing the†¦show more content†¦Finally, this essay will acknowledge the lawyer’s restriction of time, and the philosophers lack of worldly constraints. II. Constraints of truth While philosophy is the pursuit of truth, law is the pursuit of justice. Truth is a question of what is fact and what is fiction, whereas justice has a broader concern for what is fair, taking into account what is fact and what is fiction. Truth is relevant to justice, but the reverse may not always be true. Lawyers have regard to truth, however it is not their main pursuit. It has been said the law has â€Å"an extraordinary regard for truth†. But to what extent is the lawyer constrained by this vagary? In philosophy, truth is considered to be a fundamental concern. However, philosophers have considered its meaning to be an indefinable concept. In contrast, the lawyer’s understanding of truth may be disordered. There is a lack of definition, critique and analysis of truth within the law in comparison to other matters, such as philosophy, religion and social science. Within law, there are long held views that truth is subservient to justice. Further, it is wid ely accepted that truth is not the major concern of the justice system, and that proving facts rather than proving truth is the primary goal. It has been said: â€Å"a trial does not involve the pursuit of truth by any means†. In other words, the point is to win.

Analysis Of The Poem F.w De Klerk Fixing A Broken Land

F.W de Klerk: Fixing a Broken Land Sea and Sand My love My land, God bless Africa Sea and sand My love My land, God bless Africa But more the South of Africa Where we live†¦ Bless the angry mountains And the smiling hills Where the cool water spills To heal the earth’s brow Bless the children of South Africa The white children And the black children Who lost the sea and the sand That they may not lose love For white children Whose fathers raped the land†¦ Sea and sand My love My land, God bless Africa (The land and People of South Africa) This piece of art is written by a South African poet by the name of Don Mattera. This poem embellished the distress and hardship that South Africa and the people of this unique and beautiful land had to go through during the times of Apartheid. During these tragic times of separation people of South Africa, that were against this racial segregation, stood up for their rights through many ways such as poetry and petition. Others, such as F.W de Klerk expressed his dislike for this cruel act of disconnection through politics and made it his goal to make South Africa racially equal and whole. During apartheid in South Africa F.W de Klerk took a stand to fight for human rights through tough times of racial separation to equality by ending apartheid. Apartheid was a government system that South Africa used from the years 1948 to 1994 (â€Å"Frederik Willem De Klerk†). The word apartheid means separateness which is exactly what the government wanted

Starbucks Summary Free Essays

This is to recommend that Struck to increasing the power of expand the international markets especially the countries that Struck has not been launched yet in order to gain more global market share thus generate more sales. Struck also need to reduce the power of expand domestic markets since the market in the US is approaching saturation and the marketing- warming expansion techniques has caused cannibalize existing store sales. Based on my analyzes on the case Planet Struck (A), Struck Coffee remains a leader in the coffee business in the world for a long time because the perceived premium product’s cachet that they are offering customer something so far superior than customers’ expectations and their ubiquitous positioning strategy that providing ready access to customer foot traffic. We will write a custom essay sample on Starbucks Summary or any similar topic only for you Order Now These are the biggest strengths of Struck. Based on its existing successful del, Struck has indicated continuing increased gross operating income and operating income. See Appendix#l ) This huge success offers Struck more resources to expand its international market such as capital, existing business model, successful previous experiences and expert management team. At present, it is the great time for Struck to expand its international market, since the domestic market is approaching saturation. Even the marketing-swarming expansion techniques prevented competitor entry to the rake and helped Struck built strong brand awareness and recognition, it leads to downward trend in sales per store. As an illustration, between 1 995 and 1 998, Struck had averaged $0. 69 million sales per store per year but until 2002, the sales has been decreased to $0. 559 million per store. This data reflected the domestic market has approached the saturation. However there is still an opportunity to increasing the globally market share, since in year 2002, there are total of 4574 domestic stores but the total number of international stores are only 131 2, which is only quarter of the number of domestic stores. See Appendix #4) Therefore, expanding international markets would lead to increasing the globally market share thus generate more sales and also will help the company to achieving its objective which is establish Struck as the most recognized and respected brand in the world. Struck has a pretty strong brand image to many of its customers as a â€Å"third place† where is a place between work and home that people can escape, reflect, read, chat and listen. This niche positioning strategy has differentiated Struck from its competitors and this strategy has also become to Struck strongest competitive advantage that provided customers an atmosphere of both warmth and comfort. In conclusion, the main plan of action right now should be to focus on expanding international market instead of domestic markets. Thus the global market share will be increased if the marketing strategy is executed correctly and cooperated with right partner. How to cite Starbucks Summary, Papers

Legal Meaning Of Duty Of Care Samples †MyAssignmenthelp.com

Question: Discuss about the Legal Meaning Of Duty Of Care. Answer: Legal meaning of duty of care: The word duty of care denotes certain moral as well as legal obligations to secure the interest of some others. This term has been defined under many provisions of law. Under the tort law, duty of care means to perform a duty in such a way to avoid the foreseeable harm to others (Bahn and Weatherill 2013). It is regarded as one of the particulars under the law of negligence. It is one of the most popular principles under the commonlaw and the principle was established in the case of Donoghue v Stevenson (1932). In Australia, certain duty of care has been described under section 180 of the Corporation Act 2001. Duty of care by business owner: The term duty of care has been inserted under certain provisions of the common law. It prescribes certain duties to be performed by a person to avoid any foreseeable risks. In case of a business owner, the law requires them to exercise duties to take reasonable care what an ordinary prudent person should have done in certain situations. Furthermore, the law requires that a businessman should have to continue his business in a place that will be regarded safe for the interest of the customers. It is the duty of the businessman to foresee all the risks that can injure the interest of others. If there is any risk accrues regarding the business, it is the duty of businessman to let the customer know about this. No step should be taken by the businessman that goes against the public policies (Langford, Ramsay and Welsh 2015). Steps to minimise the risks regarding duty of care: Duty of take care is a moral principle that should have to follow by any prudent person. In case of business, liabilities accrue regarding the business person if he failed to perform his duties with reasonableness. Under the Tort law, duty of care depicts the civil liabilities to take steps to secure the interest of the customers. Under the Corporation Act, if director of a company failed to perform his duties, he shall be held liable under section 180 of the Corporation Act 2001. Duty of care is a part of the negligence law and relevant provisions are mentioned under the Civil Liability Act 2003. In Donoghue v Stevenson (1932) the provision regarding the duty of care had been established and the respondent who failed to perform his duty properly held to pay damages to the claimant. The same principle has been adopted in case of Ansell v Waterhouse (1817) M S 385. References: Bahn, S. and Weatherill, P., 2013. Qualitative social research: a risky business when it comes to collecting sensitivedata. Qualitative Research, 13(1), pp.19-35. Langford, R.T., Ramsay, I. and Welsh, M.A., 2015. The origins of company directors' statutory duty of care.