Analyzing The Utilitarian Principle Of The Prince

Mohammad Ridha Dr. Hazlett English 132 12/12/2016 Analyzing the Utilitarian Principle in The Prince In The Prince, Niccolà ² Machiavelli makes the utilitarian argument that, if it were for the benefit of the whole state, a prince may hurt some individuals and would be justified in his actions. He suggests that a reputation of cruelty attributed to a new prince can and should be dismissed, as the use of physical force to subdue a people is almost inevitable, if the prince were to retain his power. He who neglects what is done for what ought to be done, sooner effects his ruin than his preservation. While Machiavelli s essay was not well-received at the time it was delivered, its theme on how best for a monarch to maintain power seems to repeat itself in modern dictatorships. At face value, Saddam Hussein of Iraq is a prime example. While he himself may have not necessarily read the work of Niccolà ² Machiavelli, his actions in allegedly brutalizing those who rose against him so that he may retain power are in accordance with Machia velli s political philosophy. This aspect of Machiavelli s argument, which justifies the suffering of few for the benefit of the whole is largely utilitarian. As such, it is worth reexamining the theory of utilitarianism, which drives this aspect of Machiavelli s argument. The modern theory of utilitarianism is a type of consequentialism--the view that normative properties depend only on consequences; that is to say, in other words,Show MoreRelatedSalt Lake Olympic Bribery Scandal Essay8624 Words   |  35 Pagesofficials, politicians, and political parties. These corporations have included some of the largest and most widely held public companies in the United States; over 117 of them rank in the top Fortune 500 industries. B. STATEMENT OF RELEVANT LEGAL PRINCIPLES AND RULE OF LAW When the Foreign Corrupt Practices Act, FCPA, was enforced, many were caught in the act of bribery and for that they were fined and some were sent to jail. This act made a lot of companies in the United States and outside the countryRead MoreMerger and Acquisition: Current Issues115629 Words   |  463 Pagesmethods are reviewed. Basic conclusions are summarized in the last section. Chapter 11 analyzes the topic of acquisitions and mergers from the perspectives of utilitarian ethics and rights theory, and discusses the ethical issues involving hostile takeovers and attempts that have been made to prevent them. Most mergers meet the utilitarian ethics test. Preventing or increasing the cost of mergers violates property and contract rights. These issues have not been discussed much in the literature; thisRead MoreInternational Management67196 Words   |  269 Pagesand Technological Environment The World of International Management: Google’s China Gamble Political Environment Ideologies 34 34 36 37 Political Systems xvi 40 Table of Contents xvii Legal and Regulatory Environment Basic Principles of International Law Examples of Legal and Regulatory Issues Regulation of Trade and Investment 41 42 43 46 Technological Environment and Global Shifts in Production Trends in Technology, Communication, and Innovation Biotechnology E-BusinessRead MoreMetz Film Language a Semiotics of the Cinema PDF100902 Words   |  316 Pagesof knowing whether the story has ended is always relevant, even when they have the maturity to glimpse possible extensions of the semantic substance of the story (but not of the story itself). They ask, Is that the end? But afterward what does the prince do? II A beginning and an ending—that is to say, the narrative is a temporal sequence. A doubly temporal sequence, one must hasten to specify: There is the time of the thing told and the time of the telling (the time of the significate and the time

Animal Testing Should Not Be Banned - 918 Words

When it comes to the topic of preventing and treating diseases in humans, most of us will readily agree that animal testing is a great way to go about testing our products. Where this agreement usually ends, however, is on the question of does animal testing effectively allow humans to move forward in life, allowing us to live a long and healthy life. Whereas some are convinced that animal testing isn’t effective, animals having lived in a completely different environment are more immune to diseases than us. Others even maintain that there are alternatives to animal testing, saying animal testing is not needed. I agree that animal testing is viable, because millions of treatments to diseases have been discovered due to animal testing. The animal testing in the lab is not inhumane or cruel like everyone thinks, the media puts the word out that the scientists are mistreating animals when that’s not the case. The scientists take good care of the animals and keep them in a healthy condition. Healthy condition in the animals is needed in order to have an accurate and effective result. The scientists are not monsters, but humans as well, they do their job to discover new possibilities to research and treatments with no intention to harm the animals. Animal testing is beneficial not just for humans, but animals as well. Surgical procedures, vaccines, antibiotics, and anesthetics tested on animals has improved and saved millions of lives, but has also saved millions of animalsShow MoreRelatedShould Animal Testing Be Banned?844 Words   |  3 PagesShould animal testing be banned? Nowadays, a lot of animals has been tested on a range of experiments over the world. You could be supporting animal teasing cruelty without knowing it. Have you ever check if there’s animal testing on the cosmetics before you buy it? 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Animals are often abused, suffer, and even die during laboratory testing for the benefits of people to make sure medications, household products, newest procedures, and cosmetics are safe and effective for human use. Humans have benefited from animal testing for years while these animals suffer consequences with no positive outcomes for themselves. Even if a product or procedure is deemed successful, these animals are frequentlyRead MoreAnimal Testing Should Be Banned Essay1632 Words   |  7 Pages Animal Testing Should Be Banned Throughout the decades, animals have been used in medical research to test the safety of cosmetics including makeup, hair products, soaps, perfume, and countless of other products. Animals have also been used to test antibiotics and other medicines to eliminate any potential risks that they could cause to humans. The number of animals worldwide that are used in laboratory experiments yearly exceeds 115 million animals. Unfortunately, only a small percentage of

Employment Law and Employee Relations

Question: Discuss about the Essay for Employment Law and Employee Relations? Answer: Introduction Employee performance and conduct are two very important factors that help in achieving organizational objectives. Employee performance is directly related to the overall productivity of an organization. On the other hand, the manner in which an employee is required to act determines the environment and work culture of an organization (Xperthr.co.uk 2011). There is a close nexus between the two as employee conduct relates to effectiveness and efficiency of an employee. Therefore, it becomes necessary for an organisation to devise and implement standards for performance and conduct of an employee and enforce them as company rules and policies. Discipline can be said to be an emotive word in relation to employment (Acas.org.uk 2016). Employees are required to be disciplined in order for the organization to work properly. Practically, discipline at work is one of the most crucial issues that a manager has to face. When employees are in breach of existing codes of conducts applicable with in the organization, the company is required to take disciplinary actions by following a proper procedure (Xperthr.co.uk 2011). This report is focussed in bringing out and analyse what can be considered to be a good practice while handling such disciplinary matters in the light of the applicable employment laws of the country. For the purpose of task 2 of this report, Tesco PLC has been chosen as a case study. Good Practice The UK has a complete employment legislation structure with several acts ensuring that the rights of the employees and the employer are protected. In the present context, it cannot be denied that if there are issues relating to an employees conduct, capability and performance are not handled in a professional manner the organisation will not be able to focus on its goals (Acas.org.uk 2016). Therefore, it is necessary for the management to follow some good practices while handling the above matters so that they do not escalate to an unmanageable state. It is the duty of the management to ensure that all employees are treated fairly and in a just manner in cases where disciplinary actions are being taken against such employee (Xperthr.co.uk 2011). There is no fixed definition of good practice. However, it involves the following: Acting with a just cause Using the existing procedures in a proper manner Acting consistently Following the rules of natural justice Any other measure that can be included within a good practice code Following the above principles, not only ensure fairness and consistency within the organisation but also develops a good business sense within the organisation. Therefore, while handling disciplinary matters, the management is required to follow these principles in order to arrive to a proper solution and harmonize the interests of the employer and the employee. The ACAS Code for Disciplinary Procedures While dealing with management and resolution of disciplinary issues within an organisation, the ACAS Code on Disciplinary and Grievance Procedures in Employment forms an important source of good practice that is required to be followed. The code takes into consideration the existing provision of the legislative structure applicable in relation to employment laws (Acas.org.uk 2016). Following are the legislations, the provisions of which are incorporated within the code: Trade Union and Labour Relations (Consolidation) Act 1992 Employment Act 2002 Employment Rights Act 1996 Though violating the provisions of the code is, in itself, not unlawful, its provisions play an important role in understanding the disciplinary process. Such breaches of its provisions will not attract legal proceeding. However, employment tribunals consider the code while hearing relevant cases. Arbitrators appointed by the ACAS follow the code to dispose off cases brought under the ACAS Arbitration Scheme (Acas.org.uk 2016). A handbook developed by the ACAS known as the Discipline and Grievance at Work, stipulates the following Code of Practice: The need for disciplinary procedure and rules Proper handling of a disciplinary matter Holding of a disciplinary hearing Deciding and implementing disciplinary actions, and An appeals process Fair Disciplinary Procedure Section 1 of the Employment Rights Act 1996 states deals with an employees right to a statement of employment particulars. This is considered to be the starting point of a disciplinary process (Legislation.gov.uk 2016). Section 3 further stipulates that the statement of particulars be required to include disciplinary rules applicable to an employee. The Employment Act 2002 states that the statement shall also contain the procedures applicable while taking disciplinary actions. Section 98A of the Employment Rights Act 1996 stipulates a three-step dismissal and disciplinary procedure as follows (Legislation.gov.uk 2016): Step 1: The employer must communicate to the employee about the employees conduct, capability or other circumstances that may result in a disciplinary or dismissal action. Step 2: A meeting should be convened at a reasonable time and place where the matter can be discussed with the employee. Step 3: If the employee wants to appeal, he/she should communicate it to the employer. The employer may hold further hearings to resolve the matter. Key Components of Disciplinary Process According to the ACAS code, following are the key components of a disciplinary process (Acas.org.uk 2016): An oral warning Followed by a written warning if there are no improvements A final written warning if the conduct or capability of the employee is still not satisfactory Convening of a hearing Ultimately dismissal if the matter is not resolved or if improvements are not noticed As it has been explained earlier, that the employee is required to be given a fair opportunity of being heard. The primary objective of the meeting is to hear what the employee has to say (Cipd.co.uk 2016). Final dismissal comes after the hearing is conducted and if the conduct of the employee is still found to be unsatisfactory. Challenges Faced while Implementing a Disciplinary Procedure In light of the present business environment, it is somewhat difficult to implement a stringent disciplinary procedure within an organization (Acas.org.uk 2016). The management faces a number of challenges as stipulated below: Regulatory provisions being stringent, an organization has to follows procedural steps even if the employee is found to be in cross misconduct and of unsatisfactory performance. Often the employees do not attend the meetings and hearings. This extends the whole procedure and the organisation has to incur losses. The employees against whom the company has initiated a proceeding often ignore the arbitration process (Code of professional conduct and disciplinary procedures 2016). In case, where the employee is required to get a statement of particulars and other essential documents, the witnessing process is hampered as witnesses often refuse to be identified. The organisation is legally and ethically bound by the code and legislative provisions to conduct a fair disciplinary procedure. This intent of the organisation often is misjudged by the employees and as a result, the entire process turns out be chaotic. While implementing a disciplinary procedure, an organization faces much resistance from the trade unions (Xperthr.co.uk 2011). Case Laws The legislative structure intends to prevent unfair dismissals by employers. The legislation requires the organisations to act reasonable and this element has been the core of the entire structure. Some of the important case studies related to capabilities and conduct are as follows: Dundee City Council v Sharp EATS [2011] In the above case, an employee was dismissed due to long-term sickness absence. A long term sickness caused the employee to remain absent and this affected his capability to perform his assigned tasks. As a result, the employee was let go and the EAT held such dismissal to be fair and just. Adeshina v St Georges University Hospitals NHS Foundation Trust [2015] In this case, the EAT held that the dismissal of the employee was fair even if there was a flaw in the first stage of the disciplinary process and in the composition of an appeal panel. Ahmed v Premier Foods Group Ltd ET [2011] In this case, the employee was dismissed for gross misconduct and his union representative betrayed him at the appeal stage. This changed the manner in which witnessing is done in employment trials. The company selected for this part of the report is Tesco PLC. Tesco has profound disciplinary procedure that it follows which is in parity with the ACAS code and the applicable legislative framework (Acas.org.uk 2016). The company encourages its employees to maintain its standards of conduct and capability so that the overall goals of the organisation are achieved. In case the performance or behaviour of an employee is in question, the line managers take up the responsibility and work closely with the employee to improve his/her condition (Our Code of Business Conduct - Tesco 2016). The company has in place two disciplinary procedures: Informal Procedure, and Formal Procedure Formal procedure is only availed when all efforts of the company through the informal procedure has been exhausted (Solving Problems at Work Staff Guide - Tesco 2016). The company is committed to conduct a thorough and fair investigation in order to address the issues identified. This investigation is generally concluded within a reasonable timeframe of 14 days unless both the parties agree for an extension. Informal Procedure The line manager deals with the employee first hand whose conduct and capability is in question and will try to resolve the matter. This working together attempts to solve all the issues identified informally and bring back the conduct and capability of the employee to the required level (Solving Problems at Work Staff Guide - Tesco 2016). Effective coaching and support is given to the employee to resolve the issues. At this stage, all the required information is communicated to the employee and every step is taken with the approval of the employee. Formal Procedure If issues are not resolved informally and the situation becomes serious, the manager takes the formal disciplinary procedure. The formal procedure of Tesco consists of the following stages (Solving Problems at Work Staff Guide - Tesco 2016): Verbal Warning First Written Warning Final Written Warning Suspension/Demotion/Dismissal If all attempts to solve the issues fail and the performance of the employee is still unsatisfactory, Tesco takes either of the following actions (Solving Problems at Work Staff Guide - Tesco 2016): Suspends the employee or Demotes him/her or Ultimately dismisses the employee. It can be seen that Tesco follows a well organized disciplinary procedure to resolve employee issues. In the given case law, the employee was not communicated all the material facts of his case, which ultimately lead the EAT to decide that the dismissal was unfair. However, the procedure of Tesco allows all representations of the employee and provides an explicit right to appeal against the disciplinary actions taken against the employee (Tesco direct 2016). Relation with other Company HR Policies As explained above, Tesco has a well written and structure disciplinary procedure and the company takes serious note of each and every employee issue. It is a multinational company and consists of employees who come from different ethnic backgrounds. There are several policies and procedures that have been implemented within the company (Solving Problems at Work Staff Guide - Tesco 2016). However, as the company has a strong disciplinary procedure, its contravention with other HR policies is less likely to happen. The informal procedure tends to solve most of the problems arising out of employee conduct and capabilities. Every employee is treated equally even if their workforce is a diversified one (Tesco direct 2016). Conclusion It can be inferred from the above discussions that resolving employee issues has become indispensable in the light of the present legislative framework of the UK. Companies are actively adhering to employment laws in order to resolve issues related to conduct and capabilities of their employees. In essence, the importance of a proper disciplinary procedure cannot be overemphasized (Employee performance and behaviour 2016). A proper mechanism to resolve these issues ultimately saves valuable resources of the company. To achieve this, every company is required to handle sensitive employment matters fairly and with justice by providing all the required information to the employee in question. Failing to do this attracts unnecessary legal proceedings that draws back the company and prohibits it from achieving its objectives. Thus, a proper code and disciplinary procedure will tend to increase the effectiveness and efficiency of the organization and its employees. Recommendations Following are the recommendations in light of the present topic of disciplinary procedures: A company should implement a just disciplinary procedure Set standards for conduct and capability Careful consideration of the issues identified Proper communication with all the parties involved Implement a mechanism for arbitration Convene hearings Provide equal and just opportunities to the employees for being heard Allow proper representation for the employees A structured and fair dismissal process An appeal process References Acas.org.uk. (2016).About Acas: research | Acas. [online] Available at: https://www.acas.org.uk/index.aspx?articleid=1579 [Accessed 21 Mar. 2016]. Acas.org.uk. (2016).Acas Case Studies | Acas. [online] Available at: https://www.acas.org.uk/index.aspx?articleid=1580 [Accessed 21 Mar. 2016]. Acas.org.uk. (2016).Challenging conversations and how to manage them | Acas | Acas. 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[online] Available at: https://www.hendersonchambers.co.uk/wp-content/uploads/pdf/professional-discipline.pdf [Accessed 21 Mar. 2016]. Tesco direct. (2016).Tesco direct: Equality, Diversity and Opportunity Management. [online] Available at: https://www.tesco.com/direct/equality-diversity-and-opportunity-management/5TT-2D5X.prd [Accessed 21 Mar. 2016]. Xperthr.co.uk. (1982).Unfair dismissal | Law reports | HR Tools | XpertHR.co.uk. [online] Available at: https://www.xperthr.co.uk/law-reports/unfair-dismissal/ [Accessed 21 Mar. 2016]. Xperthr.co.uk. (2003).Misconduct | Unfair dismissal | Law reports | HR Tools | XpertHR.co.uk. [online] Available at: https://www.xperthr.co.uk/law-reports/unfair-dismissal/misconduct/ [Accessed 21 Mar. 2016]. Xperthr.co.uk. (2011).Capability and qualifications | Unfair dismissal | Law reports | HR Tools | XpertHR.co.uk | Page 2. 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