John Stuart Mill s Ethical Theory - 865 Words

Moral Dilemma A describes a case in which a physician has an option to inform a patient of an untreatable cancer, or to not inform. This case in my opinion has the most merit, and can be applied to Mill’s Utilitarian Ethical Theory, the Kantian ethical theory, as well as the Principle of Beneficence and the Principle of Respect for Autonomy in order to determine an appropriate response for the doctor to act upon. Utilitarianism is an idea generated by John Stuart Mill and encompasses the idea of Principle of Utility. The Principle states that acts are right when they produce happiness, which is defined as pleasure and the absence of pain, as well as that acts are wrong when they promote unhappiness, which is defined as pain and the privation of pleasure. This theory is used to analyze a dilemma through a series of positive and negative consequences of a certain action. In this case, the action performed by the doctor would be to inform the patient of the cancer. Negative consequences, or those that will occur by not informing the patient, include preventing unneeded worry and extreme stress due to the inability to cure the cancer, as well as the patient can continue to live their everyday life in which they are accustomed. Positive consequences of telling the patient even though a cure does not exist includes a chance for the patient to say goodbye to loved ones, arrange their affairs accordingly, and the patient can come to the realization of their impending death.Show MoreRelatedJohn Stuart Mill s Ethical Theory920 Words   |  4 PagesJohn Stuart Mill believed in the ethical theory (utilitarianism). Everyone should act in such way to bring the largest possibly balance of good over evil. The goodness of an act may be determined by the consequences of that act. Consequences are determined by the amount of happiness or unhappiness caused. A good man is one who considers the other man s pleasure as equally as his own. Each person s happiness is equally important. Mill believed that a free act is not an undetermined act. It isRead MoreCareer Prospects Vary For Me872 Words   |  4 Pagesas a lead in a film. In the future when I am confronted with a script with a lead that can be played by either a female or male, I will make the decision to cas t a female. Nine times out of ten, this casting choice will rail against the screenwriter s vision because when men write, they write with the intent to fictionalize characters that identify with them. This is not entirely a bad thing, however it does indirectly cause the number of women leads in Hollywood to regress. My actions as a directorRead MoreComparing Aristotle And John Stuart Mill1130 Words   |  5 Pagesintend to concentrate of the famous works of Aristotle, Immanuel Kant, and John Stuart Mill. After meticulously analyzing each of the above philosophers’ texts, I personally prefer the position of utilitarian and Benthamite, John Stuart Mill. After comparing and contrasting the positions and reasonings of these philosophers, I will demonstrate my own reasons why I have chosen John Stuart Mill as the most established in his theory of the role of pleasure in morality. Aristotle was a particularly influentialRead MoreAristotle s Philosophy Of Morality And The Final Goal Of Human Life Essay1895 Words   |  8 PagesAristotle on Ethics The Nicomachean Ethics, Aristotle s key study of morality and the final goal of human life, has for many years been a popular and persuasive book. It offers the modern reader many useful insights into human desires and behavior despite being thousands of years old. The overarching theme behind this book is Aristotle s assertion that there are no recognized unconditional moral standards and that every ethical theory must take into consideration an understanding of psychologyRead MoreUtilitarianism : Bentham And Mill766 Words   |  4 PagesBentham VS. Mill Utilitarianism is a normative ethical theory that holds the morally right course of action in any given situation is the course of which yields the greatest balance of benefits over harms. More specifically, utilitarianism’s core idea is that the effects of an action determine whether actions are morally right or wrong. Created with philosophies of Jeremy Bentham (1748–1832) and John Stuart Mill (1806–1873), Utilitarianism began in England in the 19th Century. Bentham and Mill builtRead MoreImmanuel Kant And John Stuart Mill Essay2002 Words   |  9 PagesTwo of the most widely known ethical philosophers are Immanuel Kant and John Stuart Mill. While they may have philosophized around the same time period, the philosophers have very different ideas about ethics and happiness. Immanuel Kant, author of Duty and Reason, believed in the morality of the good will and duty. He espoused that happiness is an irrelevancy insofar as fulfilling duty is the most important aspect of leading a moral life. Conversely, John Stuart Mill, who wrote, The Greatest HappinessRead MoreJohn Stuart Mill s On Liberty And Utilitarianism Essay2257 Words   |  10 PagesThis essay examines and inspects liberty and order conflict based on the writings of philosopher John Stuart Mill, titled On Liberty and Utilitarianism. We will discuss how his philosophical views on equality as fundamental to what it means to be human. We will interpret John Stuart Mill’s theorist view on equality as fundamental to the good or bad functioning of the state? The question and debate we would also raise will be, is equality be integral the arrangements of power? Lastly, we wouldRead MoreThe Energy Cooperative1800 Words   |  8 PagesCooperative.† The following paper will analyze the ethical issues surrounding the use of such a statement from five different ethical theories. These particular theories come from Immanuel Kant, John Stuart Mill, John Locke, John Rawls, a nd Lawrence Kohlberg. Finally, there will be a solution that the board should take with the issue, ethical, or otherwise. Immanuel Kant (1724-1804) had an ethical theory dubbed the Categorical Imperative. Within this theory he discusses the morally right and morally wrongRead MoreUtilitarianism, By John Stuart Mill1372 Words   |  6 Pagesbasic elements, can be described as creating â€Å"the greatest good for the greatest number† (122). Such was the sentiment of John Stuart Mill, one of act utilitarianism’s (also known as just utilitarianism) greatest pioneers, and promoters. Mills believed that his theory of always acting in a way that achieved the greatest net happiness was both superior to other philosophical theories and also more beneficial to the general public. However, as often occurs in the field of philosophy, there were many detractorsRead MoreSimilarity Between Religion And Utilitarianism813 Words   |  4 Pagessimilarities between religion and utilitarianism are striking, it is not true to assert that religion is utilitarian. The views of Aristotle and those of Mills on ethics are different. While Aristotle’s focuses on individual happiness, Mill focuses on the happiness of the community as a whole. Mill and Aristotle had very different views on individual happiness. Mill believed that pleasure and the absence of pain are what make an individual happy. On the other hand, Aristotle believed that happiness arises from

Boiler Room Moral Philosophy Movie Review Example

Essays on Boiler Room Moral Philosophy Movie Review The paper "Boiler Room Moral Philosophy" is a good example of a movie review on business. In the movie boiler room, we get to know the actions which motivate Seth Davis being easy money and his father’s fortune. Along with the film, Seth is unsuccessful in higher education but he end ups making in business which changes to be an illegitimate casino.   However, after achieving a lot in the deceptive way his father a well-respected judge is disappointed by Seth's disrespectable living off his son. Later he changes his place of work after his father’s urged him to start a hope life which Seth perceived to make millions more than a casino.   The allure of fast money is what draws Seth Davis to the boiler room of J.T. Marlin become he wanted to become millionaire more so to earn his father’s respect. In his quest to earn   he endangers his chances   to J.T. Marlin but later his conscience starts to prick him when he apprehends he is corrupting hardworking fami ly away of their life’s saving presently to make himself thousands of dollars payment (Ben 12)But the new life changed to be a quagmire of right dilemma to Seth following the experience that  Seth got from J.T Marlin dealing in unlawful activity by selling the stock for companies just to reconcile the desire for money with his father approval. The business world in the film is perceived negatively as a result of the overindulgent of money. (Ben 18)It is immoral to realize that the film portrays the real secret is to have money, drugs, sex, and power. The moral approaches in the film are driven by a total emphasis on attractive and excess in personal happiness. There are many instances of ethical issues derived in the film involving J.T.M marlins through deceptive of earning living.   In a similar vein, the company issues producing the business market for which it sells its stock.   On the other hand, the deceitful exploitive marketing strategies that were used to demand the brokers so as make a sale. The other issue focused on the film is whistleblowing explaining the actions of those who recognize the truth about J.T. Marlin’s dishonest activities and the consequence they face following the authorities.   In addition, Seth helping the authorities to arrest J.T.Marlin was motivated by the fact that he wanted to earn a lot of money and get out of the police custody.   (Ben 22)Besides the story that dishonest operations conducted in the brokers are not qualified therefore to meet the good moral obligation deserved for an individual to practice the job thereby going to great length to try and deceive people on their items. Moreover, brokers s  Ã‚   extend the deceitful way and claim they own offices in various countries to imply the great significance of wealth they got, but in actual sense, they have established virtual offices with a mail address and a call forward method. The moral guideline in boiler room operation is that it can get tough to get out if one agrees to procure a stock and it fails to perform as one expects hence, the brokers may try as much as possible to convince someone or to an extent of bullying for not selling the stock one acquired.   (Ben 34)The actions of the brokers depict that the immoral ways portrayed in the film ‘boiler rooms. In this case, the Boiler Room moral issue in business occurs when a difference stuck between an individual’s personal moral philosophies and the value of an organization in which they work or maybe the society they live in. In addition, each business has social responsibility headed for the society either by maximizing positive effects and minimizing negative effects on the public. Hence, ethical issues in the film Boiler Room have conflicting individual moral philosophies and the value of the organization leading deceitful activities (Ben 50).

Foundations of Company and Commercial Law Factual Situation

Question: Describe about the Foundations of Company and Commercial Law for Factual Situation. Answer: Assignment There are few issues which are raised after analyzing the given factual situation. Issues Whether there is contract between Nikhil car sales Pty. Ltd. and Vanessa? Whether Vanessa has any right under common law and what are the remedies that can be recovered by her? Whether Vanessa has any right under Australian Consumer Law and what are the remedies that can be recovered by her? Law The law of contract, common law and the Australian Consumer Law are analyzed to resolve the given issues. A contract is an agreement which is enforceable by law. An agreement comes into existence when there is an offer from the offeror and the same is accepted by the offeree. But in order to convert an agreement into a contract there must be capacity of parties to contract, intention of parties and consideration[1]. Offer offer is the communication of offeror intention to an offeree to carry out a task with an intention of his approval.[2] But an invitation to offer is different from offer where offers are invites by the inviter who acts like an offeree. An invitation can be made through various modes such as advertisement, tenders, auctions, displays, etc.[3] Acceptance The offer when confirmed by an offeree without any changes are called acceptance. An acceptance must be the mirror image of offer[4]. But, if an acceptance is made with some changes or conditions are attached to an acceptance, then, the same is known as counter offer which cancels the original offer so made.[5][6] Consideration- the agreement is supported by some value called consideration which has existence in the eyes of law. [7] Capacity The parties must be major and of sound mind. Intention The parties must abide by the agreement legally and must not develop a domestic relationship. Thus, the compliance of all the contract elements make a valid contract However, whenever the parties enter into a contract by complying with the contractual element still such contract can later be rescinded if such a contract is entered by one of the party due to the misrepresentation or deception made by the other party. The law of misrepresentation is described under common law according to which when one party makes a false representation or statement to the other party with a view to deceive such other party so that the deceived party established a contract with him then such false statement is known as misrepresented statement and misrepresentation is said to incur. The concept of misrepresentation is rightly established in Bisset v Wilkinson (1927). The various ingredients of misrepresentation are:[8] The false statements must be relating to present and past and not future[9]. The statement of opinions is not misrepresentation[10] . The party making the misrepresentation must be having knowledge that the statement made by him is false; The statement must be made so that the other party is influenced to make a contract As per the common law the party who enters into a contract on basis of misrepresentation has the right to put an end to the contract entered or claim damages[11]. Further, as per section 18 of the Australian Consumer Law (ACL), there should not be any misleading or deceptive conduct on part of a party while carrying out trade and commerce. The main ingredients are:[12] The misleading conduct transaction must be of commercial character. The statements which has decived the other party must be in oral or written form. Silence can also be conoisdered as misrepresenttaion if the facts depicts so.[13] If the deceived party is awrae of the deception then section 18 does not apply[14]. If the deception is not intentional, however, still loss is suffered by the agreived party then it will fall within the amnit of section 18 of ACL and is held in Yorke v Lucas (1985)[15]. The deception must be realted to past or present and not future transactions. However, if any future statements are made by the decieving party which the decieving party knows to be untrue then such transactions are covered in misleading statements as per section 4 of the Australian Consumer Law and is held in McGrath v Australian Naturalcare Products Pty Ltd (2008). After considering all the relevant elemnt it is submitted that if any party is found to be incontravention of section 18 of ACL, then, there are variosu remedies that can be availed such as: Damagges can be calimed by the agreived party under section 236 of Australian Consumer law. The agreived party can get ancillary orders by the court as per section 243(2) of the Australian consumer law; The agreived party can also seek refund of his money; The agreived party caan recind the contract and calim it as void after seeking declaration from the court. Moreover the injunction orders can also be granted by the court under section 232 to 236 of the Australian Consumer Law. Thus, the laws which are analysed herein above are now applied to the facts of the case in order to resolve the issues. Application of law As per the facts of the case, Nikhils Car Sales Pty Ltd issued an advertisement in the newspaper stating Used car sale. Unbeatable offers on 3-year old models. Low kilometres. 12-month warranty. The vehicles include 3 model Mazda 2s priced at $9,999 drive away. Vanessa was looking for a car and after viewing the advertisement she visits Nikhils Car Sales Pty Ltd to have a look at the car. She likes a yellow Mazda 2. Now, As per the law laid down in Pharmaceutical Society case an advertisement is an invitation to sell and any person who is interested in the advertisement must come forward to make an offer to the advertiser and an advertiser acts like an offeree. Thus, Vanessa has made an offer @ $9,500 cash. the offer was duly accepted by Nikhils Car Sales Pty Ltd (offeree). A valid consideration of $9,500 cash. was provided by vanes. Both the parties are capable and intent to make a contractual relationship amid the two. Thus, all contractual elements are present and hence there is a valid contract that can be established amid the two. But, Though the contract is established amid Vanessa and Nikhils Car Sales Pty Ltd, however, Vanessa has a right under common law to rescind the contract as the contract suffers from misrepresentation. It is submitted that when vanes took the car from Nikhils Car Sales Pty Ltd then there are various representations that are made by Nikhils Car Sales Pty Ltd which can be considered as misrepresentation. Such as: The salesperson gave an opinion that according to him the cat is one of the best in the lot. However, as per Smith v Land House Property Corp case mere opinion is not considered s misrepresentation. Various other statements are also made, such as: Nikhil submitted that the car has only one previous ownership which was true as the previous owner was a company. Also, the odometer shows 75000 but in reality the same was 175,000 kilometres. This factual statement was made by Nikhil which was not true and the same was made to deceive Vanessa and persuade her to make a contract with him. Thus, Vanessa has full right to terminate the contract under common law and sue Nikhils Car Sales Pty Ltd for damages. Further, Vanessa also has right under the Australian Consumer Law. As per section 18, Nikhils Car Sales Pty Ltd has an obligation not to deceive and consumer while engaging in any trade or commerce. However, Nikhils Car Sales Pty Ltd did deceived Vanessa by varying the true picture of the odometer, that is, 75000 was shown which in reality was 175,000. Thus, Vanessa also has right under section 18 of the ACL and she can terminate the contract. Conclusion It is thus concluded that there is a valid contract between the parties. Further, Vanessa was deceived and misrepresented by Nikhil so she will be surely able to rescind the contract and have full right to claim from Nikhil both under the common and statutory laws.