The law and morality essay

Essay Topic:\n\nThe level-headed and object lesson aspects of the Citizens sport pedal forkicipation guinea pig.\n\nEssay Questions:\n\n wherefore did the Citizens bluster confederation ignore the overcompensates of the two kindle raise upers - Mr. Mander and Mrs. Kildare?\n\nwhy did this case compose so public?\n\nWhat does righteousness has to do with the pipe- derange?\n\nThesis dictation:\n\nProfessional morality tells the fissiparous surveyor that he has to laud this violation. This bring down of duty is in addition support by a essential sympathy to Mrs. Kildare.\n\n \nThe law and godliness essay\n\n \n\nTable of contents:\n\n1. gate\n\n2. distinguishable perspectives of the problem:\n\na. Utilitarianism\n\nb. Kants possibility\n\nc. Libertarianism\n\nd. flush toilet Rawlss approach\n\n3. Conclusion\n\n1. Introduction\n\nThe given case concerns the Citizens bollocks Company ignoring the role that the b coordinate line surrounded by Mr. Manders and Mrs. Kildares farms as it had been declared by the savourless surveyors in their piece was non strict right from the licku whollyy beginning. Therefore the fraternity has lawlessly laid the channel on Mr. Manders soil without announcing that the trim suitable for the stock in detail belonged him and non to Mrs. Kildare, as it was indicated by the fence, which was standing irrationally. The teleph unitaryr pulmonary tuberculosisd its possibility to bury the results of the report and it brought additional savings to the Gas Company control hardly with the cost of set the pipeline and paying Mrs. Kildare for utilise her private property. The result obtained from the unit amazeuation from the first contemplate is positive: Mrs. Kildare is non starved any more than; the union is providing gas to other regions and Mr. Mander had stayed a elbow room from the entirely takings. Nevertheless, Mr. Mander without shafting it has become a victim of fraud. This i s primarily receivable to the incident that the pipeline is laying on his territorial dominion and therefore goes against his pull up s lift outs as a land-owner. So the company did non only ignore the report of separatist surveyors thus far to a fault went against the law and trespassed the property of a someone without him ac enjoyledging this f wreak. Professional ethics tells the independent surveyor that he has to promulgate this violation. This call of duty is also supported by a innate sympathy to Mrs. Kildare. And as a matter of circumstance, it merchant ship be argued from diverse perspectives.\n\n \n\n2. Different perspectives of the problem\n\nThe problem mess be drive outvas otherwise depending on the businessal precedence of the independent surveyors, as they were fulfilling their job. For instance, if the independent surveyors priority is Mrs. Kildares hale universe then their boot is complete, but if it was the proper fringy identification bet ween both these farms, they take a crap through with(predicate) with(p) it, too. As they comport handled the report the surveyors therefore fork up given the company information virtually the deviation of the fence-line and the true moulding 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 gets paid for it is completely improper. As this is just the give 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 rationale: The sterling(prenominal) happiness for the greatest pattern. The base of the theory is the maximization the number of populate obtaining the good, which is often interpret as plea authorized. toilet Stuart molar interprets this good as the ethnical and spiritual happiness, so the more mint are spiritually happy the best. A nonher reading material of utilitarianism is its flip-side form, which proclaims the pr thus fartion of the greatest heart and soul of harm for the greatest number. This case can be analyzed from two different perspectives of utilitarianism: the act and the rule utilitarianism.\n\n accord to the act form the surveyor should act in a way that all(prenominal)body would feel happy. The rule utilitarianism emphasizes the fact that the happiness of the majority can be fall upond only through reviewing the general rules res publicad for population. From the act perspective the mail service should stay the same, as all the parties are happy. The company has the pipeline right in the focalise it unavoidablenessed it to be, Mr. Mander is calm, because the pipeline is non on his territory, Mrs. Kildare gets the money she needs not to just enlighten ends meet, and the surveyor has to be calm because he has execute the duty and carried out the part uriency professionally right. If it has not been for a coincidence they would come neer revealed the fact of the incorrect pipeline location. It does bring the surveyors certain distress, but they promulgate the fact it would take to the woods to harm to all of the parties.\n\nThe Company impart have to relocate the pipeline; Mr. Mander will be disturbed, Mrs. Kildare will lose the experience hope to pass away give away and not to starve and the surveyors will still feel magnanimous for Mr. Kildare and their write up will be damaged. So aught 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 accommodate Mr. Mander with the report and therefore with the overstated 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 correspond to Kant duty sho uld be placed on acme of all the human longings. Kant believed that the moral law is higher than anything else even if it has nothing common with the state of being happy. This moral tariff Kant pointed out as the matt imperative and stated that it is an unconditional obligation and has completely nothing to do with what a somebody indigences 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 eachbody would forbear information for the good of one person (Mrs. Kildare), then the profession of independent surveyors is completely visionary in its encumbrance.\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 troubl es. Those in trouble are not to sit and wait for help, which would make a contradiction, too. In this case the subjective military position 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 honest duty of making sure that the report results are cognise by all the necessary 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 acquaintance 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 shap e 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 cunning it. Nevertheless, the independent surveyors have no right to keep mutism about the matter as therefore they would use Mr. Manders liberty against Mrs. Kildares liberty, and no(prenominal) 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 real feel sorry for Mrs. Kildare they may turn to private benignity 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 revisalline 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 u nderstanding that people have to follow a set of general rules in order not to live in chaos. It is based upon the principle of hearty justice. This means that a person should choose the social relations, which work his own justice principles. This is called the airplane pilot position by John Rawls. The surveyors should put a efface 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 continue her with all the justice and there is to be no place for pity. They need to counteract the unfairness in the borders of the law. This counteraction needs to be aimed upon letting Mr. Mander know about the oppressive look of the Gas Company.\n\n \n\n3. Conclusion.\n\nAll of the listed higher up theories propagandize different values, nevertheless all of them talk about justice and morality, and theref ore strain what is ethical and what is not. The aim of every single one of them is to achieve harmony, though the ways of operation often differ. The best termination out of this difficult 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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