Despite this, it is stated that following precedent too rigidly may cause an injustice. It is important that the law adapts with the times and judges in the Supreme Court may depart from a previous decision when 'right to do so'. However, the Practice Statement also recognises that it is important to be careful when departing from precedent as it may cause more injustice than if left alone. The first practical application of the Practice Statement was seen in Herrington v British Rail Board 1972 when the then House of Lords held that "any person bringing a dangerous animal on to their land must bear full responsibility"
Phil 103 Essay What two principles of justice does Rawls believe would be chosen in the original position (when deciding the issue of distributive justice within states)? Are these good choices? Critically discuss with reference to Rawls’ own reasoning for the two principles. Rawls believes that the two principles of justice that would be chosen in the original position are: The Fair Equality of Opportunity Principle and The Difference Principle. In the original position, there is ‘The Veil of ignorance’ where individual factors about who someone is within society are not known.
Concepts and Terms Quiz BSHS/441 C.W 10-15-2012 1. Describe 2 of the various types of conflict resolution. Advocates and Mediators are the two main types of conflict resolution used in many professions today. To prevent situations from spiraling out of control, mediators are used to keep an equal balance between two conflicting parties. Advocates can often do the same, but are more for one side then both.
It has been long debated that the issues of social justice such as inequality, poverty and social exclusion are divided between social welfare and crime control territories. Whilst some distinguished responses to this particular subject matter become the focal point of social welfare strategies, others become the emphasis of crime control interventions therefore suggesting that the boundary between the two is by no means beyond limitation and as such is implied “to be mobile and porous” (Newman & Yates (2008), p168). There are many entanglements between social welfare and crime control policies and upon further investigation it becomes more evident the similarities of the objectives between the two. Social welfare is geared towards a governmental support mechanism set up to contest social impairments such as poverty and racism whereas crime control is a stabilising mechanism that has been set up to restore and maintain this social order by penalising those who pose a risk against its safekeeping. The term ‘porous’ suggests that there is barrier between social welfare services and crime control services but that there are gaps in this barrier allowing both side to communicate.
A Negotiation in dispute is where both parties try to resolve a situation without the use of a third party. One of the advantages of negotiating is there isn’t attorney costs involved. The process is an understanding between two parties. The advantage of negotiating is there isn’t a financial burden on legal services. But the disadvantage is when one party doesn’t fulfill their end of the bargain then the case gets brought forth to court to have it put in writing.
University Of Derby Justice and Diversity 4CJ032 1. Discuss the significant institutional barriers to change and political influences on diversity in the justice sector, with particular reference to policing. Justice and Diversity Introduction The domain of justice is often divided into distributive and retributive justice. Since retributivism is only one of several competing theories of just punishment, it is better to distinguish between distributive and criminal justice. Theories of distributive justice attempt to articulate, order, and justify principles that specify just distributions of benefits and burdens (other than punishments).
This is considered necessary because of the inadequacies of current theories informing current counseling practice. These theories operate from both explicit and implicit assumptions that guide their practical application, and so an `assumption audit' is presented as the starting point for the authors developing MCT as an essential starting point for understanding this new theory. It's suggested (p2) that we all conduct a `critical and independent audit' of assumptions which currently underlay our counseling practice, and compare it with the one presented below. Underlying Assumptions: * Current theories of counseling and psychotherapy inadequately describe, explain, predict and
When the client’s and advocate’s values are consonant, the advocate can easily pursue the aims of the client. But what happens when their values clash? In fact, value conflicts between clients and advocates are quite common. Sometimes the conflicts relate to methods of advocacy; for instance, a client wants the advocate to fight in a manner that inflames conflict, while the advocate values the peaceful resolution of conflict. Other times, the values conflict relates to differences over the goal of advocacy: a client asks an advocate to argue in favor of capital punishment, whereas the professional values the sanctity of life.
According to Bentham and Mill, Utilitarianism is hedonistic only when the result of an action has no decidedly negative impact on others. [1] It is now generally taken to be a form of consequentialism, although when Anscombe first introduced that term it was to distinguish between "old-fashioned Utilitarianism" and consequentialism. [2] In utilitarianism, the moral worth of an action is determined only by its resulting outcome, although there is debate over how much consideration should be given to actual consequences, foreseen consequences and intended consequences. In A Fragment on Government, Bentham says, "it is the greatest happiness of the greatest number that is the measure of right and wrong"[3] and describes this as a fundamental axiom. In An Introduction to the Principles of Morals and Legislation, he talks of "the principle of utility" but later prefers "the greatest happiness principle.
Although all of the previously stated authors make strong arguments in their essays, some of their larger interpretations are flawed. An excessive emphasis on individualism in a society serves merely to bring detrimental effects to the society as a whole; while at the same time, a lack of stress on individualism can have equally damaging effects. Foremost, in order to contextualize individualism in the realm of society, it is pertinent to appositely define individualism. The term ‘individualism’ refers to the virtues of self-reliance and personal independence, in addition to the ability to rely on one’s inner beliefs to discriminate between right and wrong. The genuine definition of individualism, however, is not the issue of debate.