'Corrective and distributive justice are less at odds, in directing Essay

'Corrective and distributive justice are less at odds, in directing the scope of tort liability, than is commonly believed'. Cri - Essay Example Tort law, however, does not recognize just any injury as a basis of claim in tort. It distinguishes between two general classes of duties that include duties not to injure and duties not to injure intentionally or negligently. Individuals who engage in activities that are regarded to be dangerous by the law will be subjected to duties of the first sort. When people engage in activities of ordinary riskiness such as driving, they will be subjected to duties of the second sort (Jules and Mendlow, 11 2010). Tort law is torn between two competing justices. Some theorists believe that justice in tort is a matter of corrective justice. This is concerned exclusively with rectification of losses that have been caused due to negligence. Other theorists dispute this and they challenge this belief. They believe that tort law is a matter of distributive justice which deals with fair apportionment of benefits and losses of risky activities. Distributive justice plays a huge role in tort laws as i t offers an explanation to existence of strict liability in tort law. Corrective and distributive justices are applied in directing the scope of liability. The fundamental difference between corrective and distributive justice relates to the legal approach to structure of interactions. Corrective justice focuses on transaction between two parties while distributive justice focuses on distribution where compensation will be awarded to group members (Park, 40 2000). For example, a case of personal injury can be organized either correctively or distributively. When the case is organized correctively, an injury is a tort committed by a party to a victim. Compensation of damages to the victim will restore the equality disturbed by the negligence of the guilty party. Distributively, this same case will activate a compensation scheme that distributes resources among a group of recipients and contributors according to the criteria of distribution. A corrective justice system focuses on corr ecting wrongful acts of an accused party. The tort of negligence has developed a legal notion of wrongful act for the main aim of establishing liability. Fault based liability is, however, limited to confines of rigid test of duty of care, foresee ability and proximity. Corrective Justice versus Distributive Justice Some theorists do not really believe that corrective justice is an independent principle of tort law. This is because considerations which make corrective justice appear as a genuine principle are the same principles that undermine its independence from distributive justice. Also considerations that support corrective justice’s independence from distributive justice still undermine its status as an independent and genuine principle of tort law. These considerations arise from the fact that corrective justice needs reversal of negligent acts to an initial distribution of resources. If initial distribution of resources is just, then corrective justice requires that individuals are returned to a position where they are entitled as a matter of distributive justice. This, therefore, shows that corrective justice is indeed distributive justice but from an ex post perspective instead of being an independent principle of tort law. However, if initial distribution of resources is unjust, then principle of corrective justice will require law makers to sustain, entrench and enforce what is ex hypothesi an injustice. There are ongoing discussions regarding the relationship between corrective just

Effective team and performance management Assignment

Effective team and performance management - Assignment Example The key purpose of this assignment was to ensure accomplishment of a comprehensive understanding of the concept of working in teams, and various factors associated with the same such as, the manner in which teams function, how to enhance the performance of teams; avoid arguments and disagreements and working together towards a common goal; various ways to avoid conflicts within teams; the issue of leadership and emotional intelligence; the impact and influence of decision making and the skill of negotiating with team members, among others. For the purpose of accomplishing this task, i.e., that of working in teams effectively and successfully completing the various group activities assigned to us as a part of this study, we used various models and theories to support and understand the concept of effective team management. The models proposed to be used for this task include conceptual models, mathematical models as well as computational models. For instance, the Cannon-Bowers (Cannon -Bowers et al., 1995) model of team effectiveness; the Tuckman model of team development developed by Bruce Tuckman (1965); Belbin's team role theory - a model which identifies 9 team roles which are associated with each specific personality trait of the members in a team; etc among many others. Finally, my personal reflections of the tasks performed based on my individual experiences will be explained using the John's (2000) model of structured reflection which includes three key factors i.e. experience, reflection and alternative action. These models and theories will be applied to the group activities assigned to us, in order to interpret, examine and analyze the manner in which the concept of team performance and management functions. 2. Reflection For the purpose of this segment, three key tasks undertaken by us will be described, and the corresponding experiences and issues associated with the same, will be reflected upon in a brief manner. The formation process of our team ca me through coincidence such as when tutor asked everyone to form a group; our group came into existence due to the fact that we were sitting in a same row at that very time. The group was consisted of multicultural members. I was both excited as well as nervous since this was my first time working with such a multicultural group. Before we could work on the assigned tasks, all the team members were given a Belbin questionnaire, based on which our roles in a team would be decided. According to the results of this questionnaire, I was assigned the role of a team worker and implementer. The rest of the team members were assigned appropriate roles according to their respective results. This worked in the favour of our team, since we all were best suited for the roles assigned to us, and helped us function effortlessly. Task 1: Egg flying contest. Description of the task assigned: For the purpose of this task, the team members were asked to choose 5 out of 7 resources provided to them, t o enable the egg to be dropped from 2m without breaking it. It also required the teams to select leaders and each team was assigned a time limit of 15 minutes, to accomplish this task. Key issues faced: The key issue faced during this task was deciding on the resources to be selected, that would help us in successfully executing the activity, without breaking the eggs. The members were divided on the opinion regarding which resources to choose, and there were lot of discussions and debates

Organizational Culture Essay Example | Topics and Well Written Essays - 1250 words

Organizational Culture - Essay Example Mallinger and Goodwin depict how technology, competition and dynamic business environments in the technological epoch have increased the need for organizational culture. Comprehending the cross-functional effects of change is imperative to the fostering of a productive organizational change (Mallinger). Organizational change influences positive change in organizations that observe it. When the culture of an organization aligns with its goals and mission of an affiliation, positive results are available. According to the authors, cultural insight induces awareness of employee acceptance of change and pinpoints root causes of quandaries that hamper increased performance. Organizational culture is measurable through determining how an organization’s members can affect change, conform to ambiguous practices, achieve orientation, handle individualism against collectivism, handle egalitarianism and orient time and orient space. The authors offer an example of the Goodwin Company whe re its employees have an influential nature, had minimal collaboration among its management and lacked strategic plans for the company’s future (Mallinger). This adversely affects its organizational culture. The proposed structural alterations include establishing a strategic management department that addresses core challenges, offering employees and clients an influential voice and establishing a vision that encourages belongingness and fosters teamwork between all departments in the affiliation. ... Recognizing Organizational Culture in Managing Change Mallinger and Goodwin depict how technology, competition and dynamic business environments in the technological epoch have increased the need for organizational culture. Comprehending the cross-functional effects of change is imperative to the fostering of a productive organizational change (Mallinger). Organizational change influences positive change in organizations that observe it. When the culture of an organization aligns with its goals and mission of an affiliation, positive results are available. According to the authors, cultural insight induces awareness of employee acceptance of change and pinpoints root causes of quandaries that hamper increased performance. Organizational culture is measurable through determining how an organization’s members can affect change, conform to ambiguous practices, achieve orientation, handle individualism against collectivism, handle egalitarianism and orient time and orient space. T he authors offer an example of the Goodwin Company where its employees have an influential nature, had minimal collaboration among its management and lacked strategic plans for the company’s future (Mallinger). This adversely affects its organizational culture. The proposed structural alterations include establishing a strategic management department that addresses core challenges, offering employees and clients an influential voice and establishing a vision that encourages belongingness and foster teamwork between all departments in the affiliation. After initiating such reforms towards positive organizational culture, the authors found out that shifting an established organizational culture is a challenging activity that requires utter

Why the Rich Are Getting Richer and the Poor, Poorer Essay

Why the Rich Are Getting Richer and the Poor, Poorer - Essay Example These three aspects have been a characteristic of society since the creation of the first social group. This then highlights the intrinsic extent of inequality. However, in the aim of maintaining the objectivity of this paper, economic inequality will be the principal focus. This is hinged on the fact that the main distinguishing element in the contemporary society is phrased in economic terms. The economic power and potential of an individual is used to elevate them into higher status. As such, the main rationale for this eventuality is the wage inequality of the contemporary society. A majority of the people are dependent, wholly, on the wages as their principal source of income. This translates to mean that changes in level of wage are bound to instigate a change in economic capabilities of the household. In this way, the rich continue to increase their wealth while the poor continue to struggle out of economic troubles that are continuously becoming difficult. In the endeavor of explicating on this pertinent issue, this paper will expound on the complexities of this subject matter. As such, it will include the work of Richard Reich, which tackles this issue. Economic inequality is at times regarded as an intrinsic element that cannot be removed. However, with the proper policies and attitude changes, this much needed realignment will be eventually be realized. In the absence of this, the level of inequality will continue to increase rapidly. The existence of inequality is imperative for the growth of a society. This is hinged on the rationale that this inequality is at times an element of motivation. As such its absence will lead to many looking for external motivating factors to work hard in life. There is always going to be those individuals I society who does not want to work hard like the other kinfolk. As such, with persons such as those in the society, it is a remarkable feat to counter the effects of such behavior. These assertions do not signal the absence strategies and subsequent policies that have been structured to aid in the reduction in the level of inequality. Rather, these assertions propagate the notion that these pre-existing policies are not efficient towards realizing this goal. As such, there is a need to offer fashion new strategies and polices that have a higher probability of realizing this goal of equality reduction. However, prior to embarking on the exercise of strategizing, it is essential to understand, first, the complexities of economic inequality. Robert Reich dedicates his article, â€Å"Why the Rich Are Getting Richer and the Poor, Poorer† to this increasing economical gap between the upper, middle and lower class of people. To this fact, he employs the use of metaphors that are characterized by three boats. He continues to assert that these three boats are rising and falling. The rate with which these boats are sinking is varied. Additionally, it is dependent on the occupants and their role in corporate America (Reich 309). The boat representing the workers involved in routine processes is sinking at a rapid rate. The second boat represents the in-person servers and its rate of sinking is slow. However, in contradiction to the two previous boats, the third boat is rising steadily. This boat represents the symbolic analysts. Instead of simply stating the members of each boat and their respective rate of sinking, Reich gives the adopted rationale for the theory. The rapid rate of the first boat of routine workers is because of outsourcing initiatives employed by American firms (Reich, 310). What is referred to as cheap production alternatives is detrimental to the welfare of these routine workers. American firms, and many international firms, are

Globalizing the Central Asia Essay Example | Topics and Well Written Essays - 1250 words

Globalizing the Central Asia - Essay Example As the American war efforts in Afghanistan comes to its end, the central Asia has started fading away from the public eyes, but the central Asian region remains a key area of the globe. The region is still not yet settled, as it is the neighborhood of both the South Asia and the eastern Asia. The region also borders Russia in the southern part. The region is being done justice by Peyrouse and Laruelle through the belief and a clear survey on how they can keep along with the outside powers (Laruelle, 27). While considering ways in which the central Asia consider themselves after going through a rough time in terms of relationship with the outside powers that surrounds them. While considering the challenges of globalization that faces the global nations that have an interest in the central Asian states. The countries that are interested in the central Asia stakes secured the states from the current recap of the great game in the nineteenth century that is between the United Kingdom and Russia. Rather than this, they give light to the little games, which are more complicated. A number of actors play the â€Å"little games† from different parts of the globes such as the American, Chinese, India, Iran, the European Union, the Russian, and the states of the Arabs that are found in the Middle East.

FUNDAMENTAL CONCEPTS, METHODS, & MODES IN THE HUMANITIES Essay - 2

FUNDAMENTAL CONCEPTS, METHODS, & MODES IN THE HUMANITIES - Essay Example Classicism era was a period whereby, emphasis on form, proportion, simplicity and restrained emotion made the basis of culture, literature and art in ancient Greece and Rome’s aesthetic attitudes and principles (Grafton, Most & Settis, 2010). Neoclassicism movement in painting and other visual arts, on the other hand, started in the 1760s and climaxed in the 1780s and ‘90s, whereby it was rampant in emphasizing on austere linear design, use of correct archeological settings and costumes, and depicting classical themes and subject matter. It is arguable that neoclassicism was partly a reaction against the sensitivity and frivolous decorations of the then dominant Rococo style as well as stimulations by the then arising scientific interest from classical relic of 18th century (Grafton, Most & Settis, 2010). Neoclassicism advent was steered by the new knowledge of the classical past obtained from the archeological discoveries regarding the Greco-Roman art from the monuments and other Greek antiquities of the past. The stylistic aspects of neoclassicism were similar to those of its predecessor classical antique. For instance, the ornamented paintings of Jacques-Louis David evidenced in the classical period also prevailed in the neoclassical era. The decorative prettiness and softness in the Rococo antique extended to the era of neoclassicism as well as the Kauffmann’s sentimental subjects. The movement from classicism to neoclassicism was experienced in the arts of paintings and decorative, architecture and visual arts, and in music. In architecture and visual arts, the Neo-classical paintings are different from the classical ones by their virtue of ignoring pastel colors and haziness; instead, they are sharp colored and have Chiaroscuro. The neoclassical music, however, shows considerable similarities with the classical music in the use of harmony and instrumentation such as the wind instrument and the classical symphony in the

Examine the ways in which attempts are being made to address the Outline

Examine the ways in which attempts are being made to address the problem of cyber bullying in the criminal justice system of England and Wales - Outline Example I will begin by looking at the theories of criminology, the historical/social context of cyberbullying, and analysing the current situation and the possible reforms that will help curb cyberbullying, concluding that cyberbullying should be curbed using stringent measures by law. This essay seeks to examine the attempts that are being made to address the problem of cyber bullying in the criminal justice system of England and Wales. Understanding why an individual chooses to commit a crime can assist the authorities know how to assimilate the criminal.Other theories of criminology attribute crime to the criminal while others state that the community is to blame(WINFREE, &ABADINSKY, 2010). The choice theory, otherwise known as the rational choice theory, is the conviction that people decide to commit crime, considering the possible opportunities ahead, assessing the benefits vis-a vis the penalty and making a choice whether to go on or not to (TIBBETTS, 2012). The positivist theory acts on the proposal that the person committing crime cannot ethically understand how wrong his actions are (TIBBETTS, 2012). This person’s mind has been set in a way that the individual has no ability of making a sensible sane decision to conform to the law. This theory shows how the criminal’s mind works and the impact the thoughts have on the victims. With the massive growth of social media sites, children and the young people are more vulnerable to cyberbullying. With Facebook and Twitter as the most popular networking sites, about 35 million of Facebook and 15 million Twitter users are in the UK. This makes cyberbullying rampant in England and Wales. Cyberbullying in England and Wales is considered an offence under law. In relation to cyber bullying, the choice theory explains the way a criminal’s mind leads to a crime. The bully decides out of his own will to bully an online user to the point that the user,