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

Premise: There is an invisible "only" in front of the words "Black Lives Matter"

Critique: There is a difference between focus and exclusion. If something matters, this does not imply that something else does. If I say "Law Students Matter," it does not imply that my colleagues, friends, and family do not. Here is something else that matters: context. The Black Lives Matter movement arose in a context of evidence that they don't. When people are receiving messages from the culture in which they live that their lives are less important than other lives, it is a cruel distortion of reality to scold them for not being inclusive enough.

Vicarious Liability in Employment Law

Key Conditions for Employment (Mackenna J)

Mackenna J outlined three conditions for a contract of employment:

1. The employee agrees to provide their work and skills to the employer in return for a wage.
2. The employee agrees, expressly or impliedly, to be directed as to the mode of performance.
3. The terms of the contract are consistent with a contract of employment.

Atkin's Approach to Employment

Courts may be prepared to find a relationship akin to employment if it is just, fair, and reasonable to impose vicarious liability as a whole.

Case Example: In JGE v Portsmouth, a judge ruled that a Bishop in the Roman Catholic Church was vicariously liable for sexual abuse committed by a priest.

Cases on Vicarious Liability

Various

1. Double Salary?

Justify: 'Accept the offer'

• In USA business is governed by law and contract. There is apparently no relevant non-compete (stand-down) clause in her current contract.
• She should show them the new offer and ask them to pay her more than the new offer, or perhaps to match it. They had evidently been underpaying her.
• Point out that the other company evidently has found a way of making better use of her skills in order to serve the market or customer 'needs', that is, 'to drive forward the industry of mankind' for the common good; so she arguably has a moral obligation to accept it and move into that position

2. Wendy's Ads

Justify: Continue to advertise

• Our tests validate our claim and our ads refer to our tests only. It obviously depends

Moksha: Liberation

- Moksha is the end of the death and rebirth cycle and is classed as the fourth and ultimate artha (goal). It is achieved by overcoming ignorance and desires.

Jivas: Individual Souls

- Jivas are individual souls that come from water (chaos, universe) then illumination (order, liberation) then reincarnate.

- They are bound by maya, which hides their true self, which is characterized by eternal existence, consciousness, and bliss. There are an infinite number of jivas.

Mahayana: The Big Raft/ Karuna (Compassion)

- It literally means "Great Vehicle" and teaches universal salvation with emphasis on social concerns.

Bhagavad: Hindu Text

- Became an important work of Hindu tradition in terms of both literature and philosophy.

Tanha: Life

The Abortion Debate: Points For and Against

Abortion is a deeply sensitive issue that has generated significant controversy and discussion among children, adolescents, and adults for several years. It is a subject that has had a profound effect on society. For this reason, it is crucial to consider the following points in favor of or against this issue.

Arguments for Legalization

• Protecting Maternal Health and Safety

  One primary argument in favor of legalizing abortion, particularly in cases of rape or when the mother's life or health is at risk, is the prevention of maternal mortality. When this medical procedure is performed illegally, it often leads to unsafe practices by unqualified individuals, significantly increasing the risk of complications

What is whistleblower protection?

All employees are encouraged to speak up, seek guidance, and raise issues related to business ethics or compliance, without fear of retaliation.

What is described by the term glass ceiling?

Glass ceiling is an intangible barrier that prevents women and minorities from being promoted to top jobs in management.

What is the rationale for building a leadership pipeline?

Succession planning is a process to ensure that qualified people are in place to take over key management positions once they become vacant. The goal is to help ensure a smooth transition and operational efficiency by creating a leadership pipeline.

Identify three types of selection tests.

• Reliable and accurate means of selecting qualified candidates
• Cost

Philosophical Schools of Thought

Major Philosophers and Their Ideas

Key Concepts and Arguments:

1. Accepted both ideas of permanence (higher forms) and impermanence (lower forms). Plato
2. Reality is divided into two parts: the visible and the invisible. Plato
3. Believed humans are born without any knowledge. Locke
4. Created a synthesis between rationalism and empiricism. Kant
5. Thought the mind and body are connected in the pituitary gland. Descartes
6. Concluded there is as much reality in the cause as in the effect. Descartes
7. Found the mind to be structured to apprehend “Sense reality.” Kant
8. Said, “The seen is changing. The unseen

Philosophical Views on Human Nature and Law

There are many reasons why human nature and the purpose of laws exist. Thomas Hobbes believed human nature to be brutish and destructive; thus, the purpose of laws is to prevent such nature and maintain order. Hypothetically, an anti-violence law regulating society to prevent harm would align with Hobbes's views.

For Aristotle, human life is neither inherently good nor bad by nature; rather, upbringing determines social and political character. Nevertheless, Aristotle believed the purpose of laws is to encourage virtue. He would likely support laws aiding those in need, especially after natural disasters. For instance, the Model Act for Facilitation of International Disaster Relief and Recovery Assistance... Continue reading "Philosophical Foundations of Law and Human Rights" »

True or False

1. Space and time are forms of sensibility and objects given in intuitions. T
2. A unicorn is a simple idea, but horse and horn are complex as they result from sensations. F
3. For Descartes, the mind is an infinite substance trapped in the finite body. F
4. Since babies cannot count, quantity is learned and is not an a priori category of the understanding. T
5. Reflections, for Locke, are acts of the mind while sensation provides ideas of the external world. T
6. Kant believed self, cosmos, and God offer unity and completeness. T
7. Although Kant argued that minds move towards wholeness, the way the mind analyzes raw data differs by culture. T
8. While odor and taste are part of objects, motion depends on the observer. F
9. The word empiricism is derived from the