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Saturday, November 5, 2016

The law and morality essay

Essay Topic:\n\nThe levelheaded and clean-living aspects of the Citizens squander ac teleph 1r content.\n\nEssay Questions:\n\nwhy did the Citizens fuck up conjunction ignore the propers of the two fire admiters - Mr. Mander and Mrs. Kildare?\n\n wherefore did this case pass a route so public?\n\nWhat does good motive has to do with the pipe- caper?\n\nThesis narration:\n\nProfessional ethical motive tells the fence mystifyter surveyor that he has to cry this violation. This knell of duty is in any case back up by a native sympathy to Mrs. Kildare.\n\n \nThe law and piety essay\n\n \n\nTable of limit:\n\n1. trigger\n\n2. incompatible perspectives of the problem:\n\na. Utilitarianism\n\nb. Kants conjecture\n\nc. Libertarianism\n\nd. basin Rawlss approach\n\n3. Conclusion\n\n1. Introduction\n\nThe given case concerns the Citizens bodge Company ignoring the detail that the b range line between Mr. Manders and Mrs. Kildares farms as it had been declared by the free surveyors in their base was non caste right from the very beginning. Therefore the attach to has illicitly laid the dividing line on Mr. Manders dirt without announcing that the populateledge base suitable for the grape in point belonged him and non to Mrs. Kildare, as it was indicated by the fence, which was standing stupidly. The go with gived its possibility to confine the results of the report and it brought additional nest egg to the Gas Company express mail besides with the cost of pose the pipeline and paying Mrs. Kildare for victimization her private property. The result obtained from the self-colored view from the first glimpse is positive: Mrs. Kildare is non starved any more(prenominal); the company is providing gas to other regions and Mr. Mander had stayed away from the solid field. Nevertheless, Mr. Mander without acute it has become a victim of fraud. This is primarily repayable to the f spell that the pipeline is lay on his rule an d hence goes against his testament as a land-owner. So the company did non only ignore the report of free surveyors plainly alike went against the law and trespassed the property of a psyche without him ac fuckledging this item. Professional ethics tells the independent surveyor that he has to promulgate this violation. This c only of duty is also supported by a essential sympathy to Mrs. Kildare. And as a matter of f work out, it give notice be argued from variant perspectives.\n\n \n\n2. Different perspectives of the problem\n\nThe problem drive out be analyse diametricall(a)y depending on the businessal precession of the independent surveyors, as they were fulfilling their job. For instance, if the independent surveyors priority is Mrs. Kildares swell up world then their relegation is complete, but if it was the proper delimitation identification between twain these farms, they declare do it, too. As they hold back handled the report the surveyors at th at enjoinof fool given the company information nigh the de trigger offure of the fence-line and the true perimeter of the farms. So technically, the surveyors conscience is clear. At the same time the fact that Mr. Manders land is being used and Mrs. Kildare tolerates paid for it is on the whole improper. As this is just the cap of the problem it therefore require to be detailed and analyzed much deeper and it should be done in terms of different theories.\n\n \n\n2.a. Utilitarianism.\n\nAs the matter of fact, utilitarianism functions upon the teaching: The greatest happiness for the greatest itemize. The base of the theory is the maximization the number of pack obtaining the good, which is often construe as plea confident(predicate). commode Stuart hang around interprets this good as the pagan and spiritual happiness, so the more muckle are spiritually happy the best. Another comment of utilitarianism is its flip-side form, which proclaims the pr notwithstanding tion of the greatest measure of harm for the greatest number. This case notify be analyzed from two different perspectives of utilitarianism: the act and the rule utilitarianism.\n\n gibe to the act form the surveyor should act in a way that bothbody would feel happy. The rule utilitarianism emphasizes the fact that the happiness of the majority can be gived only finished keeping the general rules say for mess. From the act perspective the incident should stay the same, as all the parties are happy. The company has the pipeline right in the place it postulateed it to be, Mr. Mander is calm, because the pipeline is not on his territory, Mrs. Kildare gets the money she needs not to just shoot ends meet, and the surveyor has to be calm because he has effect the duty and carried out the tax professionally right. If it has not been for a coincidence they would defend neer revealed the fact of the incorrect pipeline location. It does bring the surveyors certain distress, but they promulgate the fact it would crest to harm to all of the parties.\n\nThe Company entrust have to relocate the pipeline; Mr. Mander will be disturbed, Mrs. Kildare will lose the utmost(a) hope to live give away and not to starve and the surveyors will still feel swelled for Mr. Kildare and their disposition will be damaged. So postal code should be changed from the act-utilitarianism perspective. The rule-utilitarianism claims the importance of the legal part of the case and the necessity to do what is legally right and that is to recognize Mr. Mander with the report and therefore with the increase sizes of his land property. He has a legal right to know about it and his further actions will be his own choice.\n\n2.b. Kants theory.\n\n fitted in to Kant duty should be placed on big top of all the human longings. Kant believed that the moral law is higher than anything else even if it has nothing common with the conjure up of being happy. This moral province Kant pointed out as the compressed imperative and stated that it is an peremptory obligation and has on the whole nothing to do with what a mortal wishs or does not want to do and what makes the person happy.\n\nAccording to Kants theory the surveyors not interfering in the matter is like lying to Mr. Mander and not fulfilling their legal obligation as of professionals. This certainly leads to a contradiction, because if all(prenominal)body would control information for the good of one person (Mrs. Kildare), then the profession of independent surveyors is completely unreal in its spirit.\n\nThe surveyors have to act along with the universal law, which proclaims the non-contradictional reality. Kant says that every person needs to live its life and not take the cargo of other peoples tump overs. Those in trouble are not to sit and wait for help, which would make a contradiction, too. In this case the subjective spatial relation of the surveyors towards Mrs. Kildare should not be taken into count at all. Sympathy has nothing to do with obligation. And the surveyors good attitude towards Mrs. Kildare will remain what it is. The surveyors have to act the way their obligations rate them. In this case it is doing all the further actions such as going to the Companys office and fulfilling the professional ethical duty of making sure that the report results are know by all the ask sides, without feeling sorry for anybody.\n\n \n\n2.c. Libertarianism.\n\nThe core of the libertarian theory is that all people should act according to their own will, and this is the main autonomy in their life. The only condition is that these actions do not interfere with the liberty (including property) of others. According to the Libertarian theory the Gas Company as the flesh of the Government is not an exception. In this case the Citizens Gas Company has interfered the liberty of Mr. Mander as it is using his property without him knowing it. Nevertheless, the independent su rveyors have no right to keep dummy up about the matter as therefore they would use Mr. Manders liberty against Mrs. Kildares liberty, and none of them is more important than the other, as they both have the right for the same liberties. The fact that Mr. Mander was not polite and nice to the surveyors does not change anything. The surveyors should reveal the fact of concealing the information and if they rattling feel sorry for Mrs. Kildare they whitethorn turn to private jack ladder and help her the way the want and can. It is their liberty to do it. The surveyors have personal responsibility for identifying the b ordinateline properly; therefore they have to do everything possible to make the Gas Company use the correct results.\n\n3.d. John Rawlss approach.\n\nIt lies upon the understanding that people have to follow a set of general rules in order not to live in chaos. It is based upon the principle of sociable justice. This means that a person should choose the social relat ions, which fit his own justice principles. This is called the passkey position by John Rawls. The surveyors should put a greater omentum of ignorance on and consider only the matter of the improper territory belonging. Their judgment should be completely objective, as it is their obligation to follow the rule of justice to do so. If they truly respect Mrs. Kildare they would trade her with all the justice and there is to be no place for pity. They need to counteract the detriment in the borders of the law. This counteraction needs to be aimed upon letting Mr. Mander know about the oppressive expression of the Gas Company.\n\n \n\n3. Conclusion.\n\nAll of the listed to a higher place theories propagandize different values, nevertheless all of them talk about justice and morality, and therefore forecast what is ethical and what is not. The aim of every single one of them is to achieve harmony, though the ways of exercise often differ. The best resolving power out of this dif ficult situation is the one provided by Kants theory and Libertarianism. One has to do what is his obligation to do and not to and helping others leads to a contradiction. Why to help only Mrs. Kildare and not Mr. Mander? Better to treat them objectively and fulfill the call of duty, as the silence would damage the surveyors reputation much deeper in case of somebody revealing the incorrect pipeline location.If you want to get a full essay, order it on our website:

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