...rational beings, in 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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...Equity follows the law. Discuss Equity has no clash with law neither it overrides the provisions of law. Nor it is the enemy of law. It adopts and follows the basic rules of law. It is said that equity is not a body of jurisprudence acting against the law but rather a supplement to law. it is a well-known rules that equity follows the analogies of law The equity came not to destroy the law but to fulfil it , to supplement it , to define it .Equity respects every word of law. Equity is intended to supplement the law and not to supersede it. Maxims of equity are principles developed by the English Court of Chancery and other courts who have administered equity jurisdiction, including the law of trusts. They were expressed in Latin but are translated into English. The role of the maxims is simple , they are general principles which can be deviated from specific cases. “He who comes into equity must come with clean hands.” This is one of the many maxims of equity. This maxim “bars relief”* that anyone guilty of improper conduct in the matter at hand .It operates to prevent any affirmative recovery* for the person with “dirty hands” no matter how unfairly the person’s adversary has treated him or her . The maxim’s purpose is to protect the integrity of the court. This rule is not meant to punish carelessness or a mistake .Another notable maxim is “Equity looks on that as done which ought to be done” , this maxim means that when individuals are required , by their agreements or...
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...Section One In section one, Kant argues from common sense morality to the supreme principle of morality, which he calls the categorical imperative. Kant thinks that uncontroversial premises from our shared common sense morality, and analysis of common sense concepts such as ‘the good’, ‘duty’, and ‘moral worth’, will yield the supreme principle of morality, namely, the categorical imperative. Kant’s discussion in section one can be roughly divided into four parts: (1) The good will (2) The teleological argument. (3) The three propositions regarding duty and (4) The categorical imperative. The Good Will Kant thinks that, with the exception of the good will, all goods are qualified. By qualified, Kant means that those goods are good insofar as they presuppose or derive their goodness from something else. Take wealth as an example. Wealth can be extremely good if it is used for human welfare, but it can be disastrous if a corrupt mind is behind it. In a similar vein, we often desire intelligence and take it to be good, but we certainly would not take the intelligence of an evil genius to be good. The good will, by contrast, is good in itself. Kant writes, “A good will is not good because of what it effects or accomplishes, because of its fitness to attain some proposed end, but only because its volition, that is, it is good initself . . . .” (4:394) The precise nature of the good will is subject to scholarly debate. The Teleological Argument Kant believes that a teleological...
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...good will because I would be getting some sort of pleasure or reward out of attending the show. You should feel no emotions other than “you must do this because it’s your duty.” The Function of Reason: Kant’s moral philosophy is largely grounded on practical reasoning. Kant believes that “Human reason is by its nature architectonic.” Meaning that reason allows us to identify grounds behind every truth. Generality helps explain the way things are by grouping things together in higher and higher levels from particular and contingent to the global and universal. Kant argues that the entire empirical world must be conceived of by reason as causally necessitated. Kant explains that, “one state with a previous state upon which the state follows according to the rule.” Like a domino effect, each cause springing from each causes’s cause, and each additional ascending cause must itself have a cause. Reason outlines a hierarchy that provides you with the conception of a whole system of nature. Duty:. Kant believed that...
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...Utilitarianism PRINCIPLE OF UTILITY Utility was defined by Bentham as “the principle which approves or disapproves of every action whatsoever according to the tendency which it appears to have to augment or diminish the happiness of the party whose interest is in question.” The principle of utility is designed to promote the happiness of the individual or the community. The community can have no interests independent of or aggressive to the interests of the individual. Bentham's theory of utilitarianism asserts that actions and institutions should be judged by their contribution to utility, which is measured by calculating the relative contribution to happiness or pleasure, as opposed to pain. It has been pointed out that not only is pleasure difficult to measure, but that utilitarianism provides neither any guarantee of individual rights against majority interests, nor any means of weighing high levels of pleasure for a few against lower levels of pleasure for greater numbers. http://www.utilitarian.org/faq.html What is the utilitarian position on monogamy vs. polygamy, marriage and adultery, capitalism vs. socialism, the legalisation of cannabis etc? It is a common mistake to suppose that utilitarians have a fixed approach to controversial political issues. While utilitarians agree on what the criteria for good social policy are (being its conformability to utility), we freely and commonly disagree on which policies are actually useful. We know which goals we...
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...believed that autonomous will has worth in itself because it is an end in itself. (Otteson,2009) If one is a Kantian, the use of torture to obtain information from a human being would not be an option. A true Kantian believes that all humanity should be treated with respect both in themselves and in others but never as a means to an end. In addition, one is never permitted to abuse someone’s humanity. The violent act of torturing another human being for any given reason is not moral. Further, to apply universal morality to this act the state would have to enforce the same treatment for everyone they need to obtain the truth from. Moral laws are universal principles of which all human beings are subject to. There are no excuses for breaking the moral law nor can it be manipulated to cover one’s self. A Kantian would also disagree with the maxim or reasoning behind the State’s means to use violence on another human being. There is no justification that would allow anyone to inflict harm to another human being, hoping to benefit from the act. The act of torture causes pain to the individual and the affects all parties connected to them....
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...is something that each rational being (by hypothesis, given that the principle of self-love is an objective principle) has the same ground for seeking. The contradiction in willing the principle of self-love to be a universal law would be that in doing what he has objective grounds to do he thereby frustrates his own ends (he cannot achieve his ends, because in seeking them he would thereby frustrate them). By willing that each agent seek his own happiness, the egoist would thereby thwart his own end of seeking his...
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...Media Ethics -Ethics, in Greek word Ethos, mean moral value and quality. -Conrad C. Fink defined “ethics is a system principles, morality or code of conduct. It is the values and rules of life recognized by an individual, group or culture seeking guidelines to human conduct and what is good or bad and right or wrong.” -set of principle of right conduct or code of moral conduct for people to behave -reflects society’s views of what is right or wrong 3 branch of ethics -meta-ethics ( study of origin of ethical concepts) -normative ethics (concerned with developing general theories, rules or principles of moral conduct to distinguish right from wrong) -applied ethics (problem solving: use insight gained from meta-ethic, general principles and rules from normative ethics to apply ethical issue, or situation) Good Samaritan-Yes -origin from Whistle Blower -a generous people who is ready and willing to help people in distress without hesitation -Example: a good Samaritan pulls a person out of a burning car after an accident -religion taught us to help people No-good Samaritan (why people never help?-Genovese Syndrome) -bystander effect, large bystander increase the likelihood that people will step forward to help a victim, expect others to help the victim -diffusion of responsibility, social phenomenon occurs in groups where responsibility is not clearly assigned, thus rely on other. (Less than 3 people, everyone will take action; more than 10 people, no one...
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...as ‘a body of legal doctrines and rules developed to enlarge, supplement, or override a narrow rigid system of law’ (Marriam-Webster.com). Also maxims is defined also by Webster’s Dictionary as ‘a general truth, fundamental principle, or rule of conduct’ (Marriam-Webster.com). Therefore the maxims of equity may fairly be described as a set of general principles which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as more flexible, responsive to the needs of the individual and more inclined to take account of the parties’ conduct and worthiness. In conducting this research, it cannot be said that there is a definitive list of the maxims: different sources give different examples and some works prefer to avoid the term altogether in favour of a broader discussion of the character of equity. Above all, the maxims are applied only when the court feels it appropriate: none of the maxims is in the nature of a binding rule and for each maxim it is possible to find as many instances of its not having been applied as instances where it has been. I will give such instance, such as the role of the maxims was discussed in the case of Tinsley v Milligan [1993] 3 All ER 65, (which I will not go in detail). In the Court of Appeal a flexible approach was taken to the application of the maxim, ‘he who comes to equity must come with clean hands’, but in the House of Lords, this was rejected. Such a flexible...
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...USIU BUS 3010 BUSINESS LAW EQUITY The Maxims of Equity Maxims of Equity— As we have seen in the last chapters, the Courts of Chancery were governed by the principles of Equity. The Equity, again we have seen earlier, is not a single system of law bat a collection of appendices, But the principle of Equity which were followed by the Court of Chancery, while giving equitable reliefs, were not arbitrary. On the other -hand they were based upon those principles of right and obligation which have Juridical relation with aid application to the events aid transactions of society. Many of these general principles constituting the ultimate sources of equitable doctrines are enbodied in its twelve mixims of Equity. - . According to Salmond, “Maxims are proverbs of the law and provide useful means for the expression of leading doctrines of the law in form which is brief and intelligible. According to Prof. Hanbury, “They are the fruit of observation of developed doctrine and the ideas embodied in them are far older than their articulate expression.” The twelve Maxims of Equity which embodied the principles of Equity justice are as under: 1) Equity will not suffer a wrong without a remedy. 2) Equity follows the law. 3) Where equities are Equal, the law shall prevail. 4) Where the Equities are equal, the first in time shall prevail. 5) He who seeks Equity must do Equity. 6) He why comes to Equity, must come with clean hands or He that...
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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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...Immanuel Kant Presentation Deontology – Deon-duty, logos -science Because we so regularly take it for granted that moral values are closely related with the goal of human well-being or happiness Kant's claim that these two ideas are absolutely separate makes it difficult to grasp his point of view and easy to misunderstand it. "Nothing can possibly be conceived in the world, or even out of it, which can be called good without qualification, except a good will." What does Kant mean by a "good will"? A "good will" means to act out of a purpose of moral obligation or "duty". In other words, the moral person does a certain action not because of its consequences, but because she comprehends by reasoning that it is morally the right thing to do and so believes herself as having a moral duty or obligation to do that action. One may of course as an added fact get some enjoyment or other reward from doing the right thing, but to act morally, one does not do it for the sake of its desirable results, but because one recognizes that it is morally the right thing to do. When does one act from a motive of doing one's duty? Kant replies that we do our moral duty when our purpose is controlled by a belief recognized by reason rather than the want for any expected result or emotional reasons for our actions. Kant believes that there are only 2 types of motivations 1. Ones that are clear recognition of one’s duties. 2. Selfish one This includes those people that are...
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...family’s utility. Otherwise, if we choosing to refraining from arresting, murderer will be happy; and the victims will experience pain. In fact, one murderer can bring pain to many other victims; therefore, even if the system may be fallible Act utilitarianism says that it is morally justified to detain the potential murderers. How does this fallibility affect the appropriate description of the “maxim” describing the use of precrime for testing by Kant’s Categorical Imperative Procedure? I.e., should the maxim to be tested include acknowledgment of the system’s fallibility? State the appropriate maxim. The maxim of the use of precrime has stated that every potential murder should be put into jail to prevent possible crime. However, this maxim will be wrong if there is no crime that occurs. The fallibility failed the maxim because it stated that there is a chance that no crime occurs; the alternative is that the murder won’t kill anyone. In fact, putting a person in jail won’t help to decrease crime if crime doesn’t exist at the first place. Act Utilitarianism will say that the maxim should not be tested include acknowledgment of the system’s fallibility if the pain that cause by the imprisoned person outweighs the pain of the potential...
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...who is affected as a result the business activities (Duddington, 2007, p. 103). In this case we have Brad who is the owner of the business, and his interest is in the capital growth of the capital invested and the dividends, whereas Eddie who is the general manager of the company, Jane who is the head of the Payroll Department and Greg the service technician will be interested in their pay, job security and prospects. Legal Analysis The discrimination labor or employment law from the e-guide applies to this case. Ordinarily employers enjoy very broad discretion in making employment decisions limited by state and federal statutes that prohibits employers from discriminating against their employees and applicant’s on the basis of race color, origin or ancestry (Duddington, 2007, p. 280). The general rule is that employers must treat similarly situated employees the same way. As a result consistency in treatment of employees is critical. One types of discrimination recognized by the non-discrimination law is ‘disparate treatment’. It occurs when an employer intentionally or with an expectation of a benefit treats an employer differently on the basis of illegal considerations. In our case Eddie shows discrimination by making the decision of promoting and giving Greg the easier work tickets so that he can increase his commissions because he is his brother and giving the other service workers hard work tickets. Additionally, Eddie also threatens to fire Jane because she has recognized...
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...The term that his entire theory is based around is called a person’s will, or more specifically his good will. Kant defines a will as a person’s natural tendency in given situations, and if said will is a “good will” it is unconditionally good. Another key term that Kant uses in the definition of Kantian Ethics is a person’s duty, or his inclination to always follow this good will or moral law. It can be said that it is a person’s duty to follow his or her maxim, which is a rule or principle. A maxim is typically defined by an individual, and has to be consistent no matter what the circumstance is. These maxims become important through the categorical imperative, which as Kant defines it is a way or test to move from the individual maxim to universal moral...
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