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Author: Angshuman Banerjee Publisher: ISBN: 9783668201330 Category : Languages : en Pages : 20
Book Description
Essay from the year 2015 in the subject Law - Civil / Private / Industrial / Labour, grade: 4.00, course: Ethics and Social Responsibility (SBES 601), language: English, abstract: In a world where impulse governs the judgment of human beings, it's not unusual to enter situations that exhibit mild to severe conflicts of interest, motives, or perspectives. As such, it is of utmost importance to have amicable ways to settle such disputes while minimizing their destructive effects on the individual(s), organization(s), and society. An important aspect of workplace dispute is the concept of vicarious liability. Simply put, it's a doctrine that holds the employer responsible for the wrong acts of the employee(s). In other words, one party may be held liable (or responsible) for the unlawful acts of the other. However, as always, legal terms are governed and subjected by cases; depending on the scenario, it's important to effectively distinguish the extent to which the doctrine could be applied without amendment. Apart from this, the rules of vicarious liability differ from country to country as per the local laws of the nation/state. Moreover, there are a number of situations where it isn't clearly defined as to who (or which party) is deemed responsible for the wrong action - the doer or the party bound to the former in a legal relationship. Also, there's this issue of unintentional wrong doings (torts) and intentional wrong doings (criminal acts). For unintentional wrong doings (torts), the compensation of the victim is prioritized, but in case of a criminal act, the punishment of the responsible parties is sought. In the end, the question comes up as - who is responsible for the actions, and who should be the one to compensate the victim? In light of this poised question, this brief essay will attempt to shed some light on the matter to reduce its complicated nature for the ease of understanding. It will begin with introducing the concept of vicarious liability i
Author: Angshuman Banerjee Publisher: ISBN: 9783668201330 Category : Languages : en Pages : 20
Book Description
Essay from the year 2015 in the subject Law - Civil / Private / Industrial / Labour, grade: 4.00, course: Ethics and Social Responsibility (SBES 601), language: English, abstract: In a world where impulse governs the judgment of human beings, it's not unusual to enter situations that exhibit mild to severe conflicts of interest, motives, or perspectives. As such, it is of utmost importance to have amicable ways to settle such disputes while minimizing their destructive effects on the individual(s), organization(s), and society. An important aspect of workplace dispute is the concept of vicarious liability. Simply put, it's a doctrine that holds the employer responsible for the wrong acts of the employee(s). In other words, one party may be held liable (or responsible) for the unlawful acts of the other. However, as always, legal terms are governed and subjected by cases; depending on the scenario, it's important to effectively distinguish the extent to which the doctrine could be applied without amendment. Apart from this, the rules of vicarious liability differ from country to country as per the local laws of the nation/state. Moreover, there are a number of situations where it isn't clearly defined as to who (or which party) is deemed responsible for the wrong action - the doer or the party bound to the former in a legal relationship. Also, there's this issue of unintentional wrong doings (torts) and intentional wrong doings (criminal acts). For unintentional wrong doings (torts), the compensation of the victim is prioritized, but in case of a criminal act, the punishment of the responsible parties is sought. In the end, the question comes up as - who is responsible for the actions, and who should be the one to compensate the victim? In light of this poised question, this brief essay will attempt to shed some light on the matter to reduce its complicated nature for the ease of understanding. It will begin with introducing the concept of vicarious liability i
Author: Angshuman Banerjee Publisher: GRIN Verlag ISBN: 3668201323 Category : Law Languages : en Pages : 17
Book Description
Essay from the year 2015 in the subject Law - Civil / Private / Industrial / Labour, grade: 4.00, , course: Ethics and Social Responsibility (SBES 601), language: English, abstract: In a world where impulse governs the judgment of human beings, it’s not unusual to enter situations that exhibit mild to severe conflicts of interest, motives, or perspectives. As such, it is of utmost importance to have amicable ways to settle such disputes while minimizing their destructive effects on the individual(s), organization(s), and society. An important aspect of workplace dispute is the concept of vicarious liability. Simply put, it’s a doctrine that holds the employer responsible for the wrong acts of the employee(s). In other words, one party may be held liable (or responsible) for the unlawful acts of the other. However, as always, legal terms are governed and subjected by cases; depending on the scenario, it’s important to effectively distinguish the extent to which the doctrine could be applied without amendment. Apart from this, the rules of vicarious liability differ from country to country as per the local laws of the nation/state. Moreover, there are a number of situations where it isn’t clearly defined as to who (or which party) is deemed responsible for the wrong action – the doer or the party bound to the former in a legal relationship. Also, there’s this issue of unintentional wrong doings (torts) and intentional wrong doings (criminal acts). For unintentional wrong doings (torts), the compensation of the victim is prioritized, but in case of a criminal act, the punishment of the responsible parties is sought. In the end, the question comes up as – who is responsible for the actions, and who should be the one to compensate the victim? In light of this poised question, this brief essay will attempt to shed some light on the matter to reduce its complicated nature for the ease of understanding. It will begin with introducing the concept of vicarious liability in some detail, then differentiate between an intentional and unintentional wrong doing, further putting it in the context of employee – employer and contractor – client (muqawala) relationships. Then it will cite some cases to explain the exceptions (if they exist) to the proposed doctrine, and finally it will conclude with the amendments adopted in the local i.e. U.A.E. law and how they can be compared to their American and British counterparts.
Author: C.T. Sistare Publisher: Springer Science & Business Media ISBN: 9400924402 Category : Philosophy Languages : en Pages : 186
Book Description
autonomy principally in tenns of the agent's conscious choice of ends or conduct. From this, the cognitivist emphasis on mental states and their contents naturally follows. The presence of specified mental states, as signifying agent choice, thus becomes the hallmark of responsible conduct. Capacities model theorists, by contrast, interpret personal autonomy and agent responsibility in tenns of the looser notion of 'control'. From this perspective, conscious choosing is but one (highly responsible) instance of such control, and the presence or absence of mental states is primarily relevant to detennining degrees of responsibility. The examination of these two models occupies the bulk of this manuscript. Exploration of the capacities model and criticism of the orthodox view also generate treatment of legal issues such as the use of negligence liability, the nature of criminal omissions, the character of various legal defenses, and so on. Chapters 2 and 3 set out some of the thematic arguments outlined above and introduce tenninology and useful distinctions. Chapters 4 through 7 provide substantive analyses of agent responsibility and of standards of criminal liability. In these chapters, I argue for the comparative superiority of the capacities model of responsibility and offer recommendations for changes in current legal conceptions and standards of liability. Each chapter centers on an element of individual responsibility and related legal concerns. The final chapter, Chapter 8, comprises an overview of the integrated theory of responsibility and liability and its comparison with the traditional view.
Author: Larry May Publisher: Rowman & Littlefield Publishers ISBN: 0742574024 Category : Political Science Languages : en Pages : 301
Book Description
This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned? Contributors:
Author: Karl Hofstetter Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
The arrival of CSR has affected a whole array of issues in the debate about Corporate Governance, incl. the remit of boards and the role of ethics in the management of companies. More recently, the debate has started to move into new territory: the declaration and implementation of what can be called “Corporate Social Liability” or “CSL”. The new CSL goes beyond classical tort and company law and may result in vicarious liability of parent companies for subsidiaries and third - party business partners. Its main focus has been on human rights and the environment.The paper summarizes various legislative projects and court cases that have contributed to the recent rise of CSL. It distills the novel elements seen in these international developments and assesses them with a particular emphasis on their social efficiency implications. It concludes that the recent international attempts to shape new forms of CSL should not be dismissed entirely. If crafted diligently, CSL could contribute to the worthy causes of human rights and a sustainable environment. However, if rushed with idealistic fervor by either legislators or courts and without a view to social efficiency, they might produce too many counterproductive effects, incl. excessive liability, inefficient corporate structures or stymied corporate investment in third world countries.
Author: G.J. Agich Publisher: Springer Science & Business Media ISBN: 9400978316 Category : Philosophy Languages : en Pages : 294
Book Description
Medicine is a complex social institution which includes biomedical research, clinical practice, and the administration and organization of health care delivery. As such, it is amenable to analysis from a number of disciplines and directions. The present volume is composed of revised papers on the theme of "Responsibility in Health Care" presented at the Eleventh Trans Disciplinary Symposium on Philosophy and Medicine, which was held in Springfield, illinois on March 16-18, 1981. The collective focus of these essays is the clinical practice of medicine and the themes and issues related to questions of responsibility in that setting. Responsibility has three related dimensions which make it a suitable theme for an inquiry into clinical medicine: (a) an external dimension in legal and political analysis in which the State imposes penalties on individuals and groups and in which officials and governments are held accountable for policies; (b) an internal dimension in moral and ethical analysis in which individuals take into account the consequences of their actions and the criteria which bear upon their choices; and (c) a comprehensive dimension in social and cultural analysis in which values are ordered in the structure of a civilization ([8], p. 5). The title "Responsibility in Health Care" thus signifies a broad inquiry not only into the ethics of individual character and actions, but the moral foundations of the cultural, legal, political, and social context of health care generally.
Author: Paula Giliker Publisher: Cambridge University Press ISBN: 1139493078 Category : Law Languages : en Pages : 331
Book Description
Vicarious liability is controversial: a principle of strict liability in an area dominated by fault-based liability. By making an innocent party pay compensation for the torts of another, it can also appear unjust. Yet it is a principle found in all Western legal systems, be they civil law or common law. Despite uncertainty as to its justifications, it is accepted as necessary. In our modern global economy, we are unlikely to understand its meaning and rationale through study of one legal system alone. Using her considerable experience as a comparative tort lawyer, Paula Giliker examines the principle of vicarious liability (or, to a civil lawyer, liability for the acts of others) in England and Wales, Australia, Canada, France and Germany, and with reference to legal systems in countries such as the United States, New Zealand and Spain.
Author: Anthony Gray (Law teacher) Publisher: ISBN: 9781509920266 Category : Respondeat superior Languages : en Pages : 282
Book Description
"The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee's criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the 'enterprise risk' theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee."--Bloomsbury Publishing.
Author: Robert W. Kolb Publisher: SAGE Publications ISBN: 1483381536 Category : Business & Economics Languages : en Pages : 8802
Book Description
Thoroughly revised, updated, and expanded, The SAGE Encyclopedia of Business Ethics and Society, Second Edition explores current topics, such as mass social media, cookies, and cyber-attacks, as well as traditional issues including accounting, discrimination, environmental concerns, and management. The new edition also includes an in-depth examination of current and recent ethical affairs, such as the dangerous work environments of off-shore factories for Western retailers, the negligence resulting in the 2010 BP oil spill, the gender wage gap, the minimum wage debate and increasing income disparity, and the unparalleled level of debt in the U.S. and other countries with the challenges it presents to many societies and the considerable impact on the ethics of intergenerational wealth transfers. Key Features Include: Seven volumes, available in both electronic and print formats, contain more than 1,200 signed entries by significant figures in the field Cross-references and suggestions for further readings to guide students to in-depth resources Thematic Reader's Guide groups related entries by general topics Index allows for thorough browse-and-search capabilities in the electronic edition
Author: Andrew Ghillyer Publisher: Irwin/McGraw-Hill ISBN: 9780073403045 Category : Business & Economics Languages : en Pages : 316
Book Description
This book provides assistance to employees by taking a journey through the challenging world of business ethics at the ground level of the organization rather than flying through the abstract concepts and philosophical arguments at the treetop level. By examining issues and scenarios that relate directly to their work environment (and their degree of autonomy in that environment), employees can develop a clearer sense of how their corporate code of ethics relates to operational decisions made on a daily basis.
Author: Angshuman Banerjee
Author: Angshuman Banerjee
Author: Angshuman Banerjee
Author: C.T. Sistare
Author: Larry May
Author: Karl Hofstetter
Author: G.J. Agich
Author: Paula Giliker
Author: Anthony Gray (Law teacher)
Author: Robert W. Kolb
Author: Andrew Ghillyer