Notes, summaries, assignments, exams, and problems for Philosophy and ethics

S173 CA 2006: Duty to Exercise Independent Judgment

Under Section 173 of the Companies Act 2006, directors must exercise independent judgment. A primary authority for this is Fulham Football Club v Cabra Estates.

S174 CA 2006: Duty of Reasonable Care and Skill

This duty is divided into an objective test and a subjective test:

• Objective Test: The relevant skills and experience expected of an ordinary director.
• Subjective Test: The relevant skills and experience expected of that particular director.

Key cases include Re Brazilian Rubber Plantation and Re Denham.

S175 CA 2006: Duty to Avoid Conflicts of Interest

Directors are under a duty to avoid relevant conflicts of interest. This principle was examined in Aberdeen Railway v Blaikie Brothers.

Aberdeen

Lease vs License: Key Legal Distinctions

Application of Berrisford v Mexfield

However, Berrisford v Mexfield only applies to individual leases and not corporate bodies or commercial leases. As such, it is very clear that the Supreme Court (SC) is trying to save individual, domestic, and residential leases to avoid injustice.

In Southwork Corporation v Walker, the courts looked at the intention of the parties to determine whether they were trying to create a lease or license, which again prevents injustice.

Requirement for Exclusive Possession

Denying Exclusive Possession

The second requirement is that there must be exclusive possession. Mostly, landlords will try to deny the occupiers exclusive possession as it would make them the actual owner of... Continue reading "Lease vs License: Exclusive Possession and Legal Precedents" »

The Importance of Having Goals in Life

All humans have goals to accomplish in life. Some are achievable, and some are not, but we should always have hope. It doesn't matter if you can perform it or not. These are the goals that fill us with hope and faith. Also, they guide us and show which path to follow. Without those goals, we could not define exactly where we wanted to go. In this text, I will explain what my goals are and why it is good to have goals in life, and we will realize that life would be meaningless without them.

My Primary Goal: Becoming a Nurse

First, I always thought that having goals in life is good, and I have so many, but today I am going to mention the one which is the most important one. It's something I want to be in the... Continue reading "Achieving Aspirations: The Significance of Setting Life Goals" »

The Impact of Music on Emotional and Mental Well-being

Music plays a vital role in people's emotional and mental well-being. It has the power to awaken deep and positive emotions. Listening to pleasant songs can reduce stress and anxiety, improve your mood, and provide an escape from daily worries.

Music and Cultural Connection

Music promotes connection and understanding between different people and cultures. The diversity in musical styles allows people to explore and appreciate different cultural and social points of view, fostering empathy and mutual respect, and helping to build more tolerant and inclusive societies.

The Psychological Benefits of Music

Music has a positive effect on psychological development, especially in children. Studies... Continue reading "Music, Mindset, and Words: Keys to Well-being & Positivity" »

Exclusive Possession and the Bruton Tenancy

In the case of Bruton v London and Quadrant Housing Trust, a non-proprietary lease was granted based on exclusive possession, even though the landlord did not have a legal estate in the land and was only a licensee. Martin Dixon, in his evaluation of Bruton, stated that a non-proprietary lease based on exclusive possession is actually a licence. However, the House of Lords was trying to protect the occupiers under a lease, therefore establishing this concept.

Nonetheless, despite having exclusive possession, many still do not acquire a lease in situations such as:

• Family circumstances, due to the absence of an intention to create legal relations.
• Employees who only have exclusive possession as a requirement

Critical Thinking & Argumentation

What is Critical Thinking?

Critical thinking is about examining information from any source, evaluating its value and relevance, and effectively applying it to your studies.

Understanding Arguments

An argument, in the context of critical thinking, goes beyond mere disagreement. It involves presenting reasons in a structured way to persuade you of a specific viewpoint.

• Arguments are supported by reasons.
• Arguments aim to be persuasive and convince you of a particular position, potentially refuting or disproving opposing views.

Key Concepts in Critical Thinking

Assumptions

An assumption is an unstated reason that is necessary for the conclusion to be valid.

Credibility

Credibility refers to whether a claim or piece... Continue reading "Critical Thinking & Argumentation: A Guide" »

René Descartes is introduced into modern philosophy being the father of rationalism.

René is born in 1596 and dies in 1650

Descartes was a dualist. He affirmed that there are two substances: that of the body that possesses the attribute of extension, and that of the soul that possesses the attribute of thought.

There was a new worldview, this change implied a break with the old religious beliefs and the knowledge of other philosophers of the new planetary system was added, coming to the theory that the center of it was the sun. Because of this, Rene wanted to build new knowledge, that is, a new world for him.

Descartes attributes to the matter a creative force of its own, and considers the mechanical movement as the vital manifestation of matter... Continue reading "Rene Descartes: The Father of Rationalism" »

Foundations of Positive Law and Legal Philosophy

Tema 3: Positive Law

Luigi Bagolini on Culture and Legal Activity

QUOTE 1: "One of the key functions, and perhaps precisely the main reason for the philosophy of law, is to clarify the relationship between Culture and all kinds of activity that can be qualified as legal." Consequently, "the task of the Philosophy of Law consists precisely in clarifying the ultimate goals and purposes upon which depends the technical and interpretive activity of the jurist." Luigi Bagolini

Henry Batiffol: General Theory vs. Philosophy of Law

QUOTE 2: Whereas the General Theory of Law "is limited to the study of those notions which are common to all branches of positive law," the Philosophy of Law should "show how the... Continue reading "Legal Philosophy and the Foundations of Positive Law" »

1. The Origin of Philosophy

Philosophy as a way of thinking is a human way of interacting with the world. It involves asking questions about the world around us in order to find meaning. This way of thinking, asking questions about the world, is deeply rooted in humans and has always existed.

However, its existence doesn't give rise to philosophy as a discipline. Philosophy as a discipline has a historical origin in the Greek colonies of Asia Minor during the 6th century B.C. One of these colonies was Miletus where Thales was born. Thales is considered to be one of the first philosophers. He used observation and reasoning to offer an explanation of the existence of natural things and phenomena. Thales' fundamental features:

• It begins with the recognition

Philosophy of Science

1. Classification of Science

• Formal Science: Not concerned with facts but with the relationships between series of symbols that have been previously established with specific rules (e.g., Mathematics, Logic).
• Experimental Science: Focuses on observable occurrences and the relationships we can discover between them (e.g., Physics, Biology).

2. The Scientific Method

Classical Scientific Method (Inductive-Deductive)

Inductive Phase:

1. It involves a large number of observations.
2. Observations must be made in a wide range of different circumstances.
3. No statement based on observation contradicts the universal law derived.

Deductive Phase:

This phase involves the explanation of a phenomenon. Historically, this approach sometimes lacked the... Continue reading "Philosophy of Science and Classical Rhetoric Principles" »