Introduction to Statutory Interpretation

Introduction to Statutory Interpretation Statutory Interpretation Abstract: The means of interpreting the Acts of Parliament by judges is called statutory interpretation. Common Law: Is a law formulated by judges with the aid of conclusions of a court to follow the aid of a legislative process by the executive branch. The legal system of a common law states that, it is a partiality to handle likewise facts or matters distinctively on a distinctive occasions. Literal Rule: Is a rule that is frequently utilized by orthodox Judges. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not. Golden Rule: Also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension. It is used when literal rule turns out to absurdity. Mischief Rule: Is the process of discovering the meaning of what parliament meant by a certain statutes Table of Contents. Introduction of statutory interpretation†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.4 Extrinsic aids to statutory interpretations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P.4 Interpretation acts†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P. 5 Common law†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P.5 The three basic rules in statutory interpretations†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦P. 6 Literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ P. 6 Advantages of literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.6 Disadvantages of literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P. 6 Malaysian cases using the literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.7 English cases using the literal rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p. 8 The golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 9 Advantages of the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P. 9 Disadvantages of the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P.9 Malaysian cases using the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 9 English cases using the golden rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 10 The mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 12 Advantages of the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 12 Disadvantages of the mischief rule †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p. 12 Malaysian cases using the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. P 13 English cases using the mischief rule†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. p 14 Conclusions †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 15 References †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p 16 Appendices†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ p. 17 Introduction of Statutory Interpretation. A Statutory Interpretation is best described as the capability of a court or Judges to translate the Acts of Parliament. It is a means of giving an explanation to the meaning of a piece of legislation. In other words, the means of utilizing statutory laws where by Judges tried to discover the purpose of parliament putting laws in action is also known as Statutory Interpretation. A statute might be clearly revealed in terms of meaning but they are mostly made up of ambiguities and vague words which are expected to be settled by the judges. According to Lord Hailsham, a senior English Judge, â€Å"probably 9 out of 10 cases heard by the Court of Appeal and the House of Lords turn upon or involve the meaning of words contained in statute or secondarylegislation†. This means that many cases go to appeal at a point of interpretation. Also, cases go to appeal at a point of interpretation because, laws are NOT â€Å"drafted in general terms†. Laws are supposed to be drafted in general terms and should be conducted with both present and future situations. Extrinsic Aids to Statutory Interpretation Extrinsic aids are useful information data’s which are not part of a statutes but are helpful to Judges in other to create more understanding on the statute. They are materials which make a statute more visible for interpretation. Parliamentary debates are on one of the types of extrinsic material used. There is a government team with two people. The first one would be the political party introducing the Act of parliament and the second would be the opposition’s team also with two members. It is the government’s job uphold or supports the topic of the debates or also called the motion. The government team will discuss a problem and has a specific proposal for a change concerning that problems for seven minutes. It is a difficult task for opposition teams to play ‘devil’s advocate’ so to speak the opposition the team tries to find imperfection in the government’s arguments for eight minutes. Then the government team responds to the oppositions arguments trying to make firm their own position for eight minutes. The opposition teams moves in the same manner for eight minutes. The opposition reach a conclusion with a rebuttal speech. Conclusively, the government will then w ith their own rebuttal speech. Furthermore, Notes of the legislation: Both the parliament and legislative Assemblies have the power to enact laws according to their respective centers. A law that is established or introduced by a state Assembly will only affect the state. A law which is enacted by the parliament can be extended to the whole nation. Also, an organization which aim on the systematic development, review, and reform laws acted in a specific jurisdiction is known as a Law Reform Commission. Conclusively, a document which is printed or issued at a time with a bill is known as an explanatory memorandum. The main objective of that document is to give meaning to the aims and operations of the statutes in the statutory interpretation. Interpretation Act: Interpretation Act state that, in any Act, without the purpose appearing to be opposite, expressions selected to be in Schedule 1 of an Act most be interpreted in accordance with that Schedule. Common Law: Common Law or Case Law is a law originated or formulated by judges with the aid of conclusions of a court and likewise tribunals, as fought to a statutes which follow the aid of a legislative process published by the executive branch. Common law help to draw matters into conclusion where two or more groups disagree with a certain law by looking forward into past case laws that are applicable. The Three Basic Rules in Statutory Interpretation. The three basic rules enforced for statutory interpretation by judges in England, are: The literal rule The Golden rule and The Mischief rule. The Literal Rule: The literal rule is made up of both the ordinary and the plain meaning rules. A literal rule is a rule that is frequently utilized by orthodox Judges. Orthodox Judges are the Judges whom think or believe that their constitutional role is limited to apply a law enacted by the parliament. Hence, the Literal Rule is an obligational project given to the court to give a literal meaning to a statutes irrespective of the outcome of being sensitive or not. Advantages of Literal Rule. The characteristics of the literal rule is that law must be equally certain and knowable. The rule demands that citizens are to be notified earlier about the legal effects behind a statutes. The selected Parliament should be the one to enact a new law as well as to secure the will of the elected legislators. Disadvantages of Literal Rule. During language interpretation, statutes which were having clear meaning can have more than one meaning. Words or phrases in a statutes are reasonably open to different meaning. Example, 12:00 might either be AM or PM. No matter how absurd the component of a statutes or an Act may be, one must comply with it. Malaysia case using Literal Rule: HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR HIGH COURT MALAYA, TAIPING DATO’ HJ. ABDUL MALIK B. HJ. ISHAK J. Contract: Sale and purchase agreement of a dwelling apartment. Conditions of agreement: Connections of Electricity and water supply to the apartment. Delivery of vacant possession of house to the purchaser. In this case there was a dispute with regards to clause 20 of the sale and purchase agreements dated 1st August 1919 Clause 20 of the standard sale and purchase agreement reads as follows; 20(1). This building should be completed by the vendor along with connections of water and electricity supply together with the vacant possessions, all must be handed over to the purchaser within two years interval regard the date of this written agreement. Furthermore, if the vendor happens not to comply with this agreement as said, with the necessary requirements. He must pay immediately to the purchaser liquidated damages day after day with an interest rate of 10% annually of the purchased amount. Judgment. Dato’ Hj. Abdul Malik b. Hj. Ishak J: An urgent request which opposed the opinion of the learned Magistrate Court, Taiping Perak where by the appellant were commanded to pay RM1, 431.51 together with 8% annual interest from May 26, 1993 until a contentment period of the respondent. English (UK) case using Literal Rule: FISHER v. BELL QUEENS BENCH DIVISION. Hearing date: 10, Nov 1960. Headnote: A man that own a shop displayed a knife by the window of his shop with a price ticket behind it. He was charged for sale of a flick knife, which is contrary to s. 1(1). Held: According to the meaning of s.1(1) of the Act 1959, the shopkeeper was not guilty of what he was charged. This is because demonstrating a flick knife at the shop is an invitation to treat and not for sale. JUDGMENT BY-1: LORD PARKER, C.J. A chief inspector of police charged against a respondent that he unlawfully offer for sale a knife which is, contrary to s.1 of the Restriction of Offensive Weapons Act, 1959. Lord Parker C.J. anyone, who; manufacture, sell, hire, lends or give to another person a knife that has blade which automatically opens by the pressure applied to a button or springs shall be guilty. The Golden Rule: The golden rule which is also known as the British rule is applied when a literal rule develop a solution that is different from the parliament intension or that avoid the parliament intension instead. The golden rule is exceptional to the literal rule because it is used when literal rule turns out to absurdity in other to alter the grammatical and ordinary senses. Advantages of the Golden Rule. Golden rule honors parliament decision. It always permit Judges to select the most accurate meaning among many in a statutes. It supply sensible conclusions on cases which the literal rule cannot handle. Disadvantages of the Golden Rule. The rule has no guidelines that governs it. It is not widely known, hence it used on rare cases/occasion A Judge might found a statute in absurdity but it might not be for another Judge. Malaysia case using Golden Rule: Re An Advocate [1964] MLJ 1 Facts: The accused is a recommended advocate in the state of Sarawak who happened to go to Kuching for his normal activities. He took along with himself female clothes in which he did make his advertisement. He used his own name and also his hotel room to help upgrade the company business. He could be struck out from the role of advocates if his conduct fell within the section 12(g) of the Advocate Ordinance or suspended. This is so because; the section 12(g) of Advocate Ordinance of Sarawak says anyone who by any means suspended or ruled out from practicing the advocate role by any judge in respect of the law binding the section 12(g) of the Advocate Ordinance. English (UK) case using the Golden Rule: COURT OF APPEALS OF MISSISSIPPI. Karen Elissa Pearson Gray, Appellant v. Doyle Gene Pearson, Appellee. Karen Gray appeals a judgment on her former husband’s petition to modify child support and her counter for contempt. Facts Benji and Michael Pearson were born into the family of Doyle Pearson by Karen Pearson during their marital union. Benji and Michael were twelve (12) and six (6) years of age respectively when the both parents divorced. The court dictated that Doyle should pay a child supports for his children and prescribed him to pay Benji college fees as well. He was ordered to pay $800 per month for the child supports. When Benji turned 21 during his college education, Doyle stopped to pay his college fees because he assumed Benji is no longer a child. He only continues with the child support fees and shortly three months after his 21st birthday, Doyle reduced the child support amount to $400 as advised by his attorney. In addition, he paid NO child support from February 2000 to June 2000. Karen then, counter-petitioned to alleged Doyle that he lack respect for his failure to pay child support in respect of his modification petition. Furthermore, Doyle fails to pay Benji’s college fees and also fails to abide with the terms of the divorce agreement. According to the Chancellor, after trial, Doyle was not caused by law to pay $800 for the child support continuously forever. Hence the amount of the child support was cut down from $800 to $600 to be effective from the date of Benji’s 21st birthday. The chancellor also said, Doyle was contempt to have reduced the child support amount from $800 $400. The Mischief Rule The process of discovering the meaning of what parliament meant by a certain statutes is known as Mischief Rule. In other words, it is a nature or a related method of translating a statutes in order to discover the wrongs, mischief to which the stature endeavored to amend. In addition, it demands the adoption of interpretation that is made to correct the weakness or defect of an Acts passed in law. Steps to Interpret a Statute in Mischief Rule: Consider what the law was before the Act was passed Identify what was wrong with that law Decide how Parliament intended to improve the law through the statute in question Apply that finding to the case before the court Advantages of the Mischief Rule. Mischief encourage flexibility in the law It prevent absurdity and unfair outcome. It brought development to the society. Disadvantages of the Mischief Rule. It only allow Judges to re-write statutes that is supported by the parliament. It cannot be remedied else, the mischief if detected. It never preserve Parliament supremacy. Malaysia case using Mischief Rule: Lim Moh Joo v. P.P [1970] 2 MLJ 113 Criminal Appeal Decide – date- 1 16th May, 1970†¦ Wan Suleiman J. Catch Words: Criminal Law and Procedure – Medical report of alleged assault. Medical reports were presented before the court without prove and on the absent of the laboratory specialist who conducted the test. In addition, the defendant were to be given a copy of the medical report for not less than 10 days before the trial day in respect to the Criminal Procedure Code (Cap6), ss 380 and 399. Headnote The complainant produced two medical evidence against the appellant without prove and without the consultant who conducted the medical report. The appellant do not have a copy of the medical certificate that he was accused of till the day of the trail. Held: According the law binding the Criminal Procedure Code (Cap. 6), a public prosecutor must deliver a copy of evidence or legal report to the accused not less than 10 clear days before the trial day. As long as such provision were not made, the reports or evidence are made not to be admitted. Hence the order binding the accused must be squashed. English (UK) case using Mischief Rule: SMITH V HUGHES Legal Citation Smith v Hughes, (1871) LR 6 QB 597 (Queen’s Bench Division) Facts: A complainant where to sell oats/food grains to a suspect with samples to show a try out. The suspect then examine the sample and rewrite to the complainant by accepting the oats at a cost of 34s per quarter. Thereafter, the suspect rejected the oats on reaching him with reason being that he were expecting old oats but the once he received were new. The suspect also complained about the cost price which is too high after reaching agreement with the complainant because he discovered that they were new oats, hence there came a fight in respect of their agreement because there is a bridge of contract. Judgment: Order from the Queen’s Bench Division specified that both parties have communicated the nature of the oats before making transactions. In addition, they have agreed to the terms and conditions that governs the sales and purchase of the oats. The suspect thought they were old but the complainant knew they were new. Hence, the fault is from the suspect because of his inability to know the age of the oats he purchased. Conclusion: Conclusively, the term statutory interpretation is a method which judges use to translate the Acts of Parliament. In other words, the means in which judges utilize statutory laws is also known as statutory interpretation. A statute might be straightforward in terms of meaning but they are mostly made up vague words which are expected to be interpreted by the judges. Additionally, many cases go to appeal at the point of interpretation. There are three basic rules generally enforced for statutory interpretations such as; Literal, Golden and Mischief Rules. Reference: Translegal.com, (2014). The rules of statutory interpretation (2). Home.loxfordlaw.co.uk, (2014). Notes on Statutory Interpretations A-Level Law Revision Exam Help by D.Hussain Publications. Scribd.com, (2014). LIM MOH JOO. Hba.org.my, (2014). HOYA HOLDING SDN. BHD. V. CHIA THIN HING ANOR. Casebrief.me, (2014). Smith v Hughes | Case Brief Summary. Sixthformlaw.info, (2014). Fisher v Bell. Golden-rule-law.blogspot.com, (2014). The Golden Rule: Advantages And Disadvantages Of The Golden Rule. Appendices Statutory interpretation > 2,4,15 Extrinsic > 4, 5 Interpretation Acts > 5 Common law > 2, 5 Literal rule > 2, 6, 15 Advantages and Disadvantages of literal rule > 6 Malaysia cases using the literal rule > 7, 8 English cases using the literal rule > 8 Golden rule > 2, 9, 15 Advantages and Disadvantages of golden rule > 9 Malaysia cases using the golden rule > 9, 10 English cases using the golden rule > 10, 11 Mischief rule > 2, 12, 15 Advantages and Disadvantages of golden rule > 12 Malaysia cases using the mischief rule > 13 English cases using the mischief rule > 13, 14

Ethical Decision Making In Business Essay

The term often used to describe the system or principles by which we choose right from wrong is ethics. Conflicts in ethics arise when one person or a group of people impede the beliefs of another person or group of people. It would not be possible to decide who is right or wrong when a conflict arises, but it is our moral responsibility to resolve the dilemmas to the best of our ability. This paper is going to explore the topic of ethical decision making and establish ground rules for the process and analyze possible ethical implications that may arise. What are the ground rules? Making an ethical decision, at times, can be extremely difficult, as emotions tend to hinder ones judgment. For example, if a husband came upon his wife being beat to death, his first impulse would likely be to bring as much pain to the attacker as the attacker brought to his wife. On the other hand, the husband would know that would not be the ethical thing to do. For that reason, the process of making an ethical decision should be similar to making a normal decision. There are five possible steps that can be taken in order to ensure an ethical and reasonable decision. The first step is to clarify the issue and determine precisely what must be decided. This involves gathering as much information as possible and clearly recognizing the problem. At this step, one should be forced to develop at least three ethically justifiable options and determine which ethical principles and values are involved (Five Steps, 2001). The next step is to evaluate the issue. Evaluation involves exploring the options created in step one and realizing if they require the sacrifice of any ethical principle. Evaluation would also involve deciphering facts from beliefs and theories, or past experiences. When a person is emotionally involved, as the man was in the example above, all commonsense tends to fade. The evaluation step forces a person to ensure they are not allowing their emotions to get involved and they are purely making their decision based on facts (Five Steps, 2001). The third step in the decision-making process is to decide what is or is not true and to make a judgment regarding what consequences are most likely to  occur. At this stage, if an ethical dilemma was discovered, this is the time to evaluate the alternatives of each option and decide which would be the most ethical. For example, for the man in the example, the most ethical decision would be to restrain the man and free his wife and then call the authorities and let them handle punishing the man. It would not be to take the law into his own hands and punish the man himself, even though that is mostly like what he wants to do (Five Steps, 2001). At this third step, it is important to incorporate the three â€Å"ethic guides† when trying to make a decision. The first guide is the golden rule, which believes that a person should treat others as they would want to be treated. The second guide is publicity. A person would need to consider how they would feel if their decision were presented to the public. Finally, the third guide is called the â€Å"kid on your-shoulder.† This forces the person to imagine following through with their decision with their children watching (Five Steps, 2001). The fourth step in the decision-making process is developing a plan to implement the decision. If all the steps above have been followed properly, this step should be relatively easy since all the ethical risks have already been established. Finally, the fifth step is to monitor the effects of the decision. This involves being willing to change their decision if it appears their first choice is not successful. This is a constant process until the issue has been resolved (Five Steps, 2001). What could the ground rules be? Ethical decision-making is something that varies from person to person. Not everyone has the same beliefs of what is right and wrong. Some people believe the death penalty is inhumane and cruel while others believe it’s justice. Who is to say which person is right or wrong? No one can since ground rules and ethical behavior are subjective. The ground rules explained above are broad enough as to not force a person to overrule their own beliefs, however it is enough to make them realize, at least to them, what is right and wrong in any given situation. What should the ground rules be? Deciding what should the ground rules be is also subjective. Each individual is going to have their own feedback and decisions on how ethical decisions should be made. I believe the best way to improve on the decision-making process would be to involve others. Even if a person follows the ground rules mentioned above, there is still going to be emotion involved. If a person could ask for another point of view, they might learn or think of something they hadn’t before. For example, going back to the man who found his wife being beat, if there were another person present at the time, that person could help reason with the husband and realize the unethical aspect of what he wanted to do to the man. I know when I have a difficult decision to make that involves ethics I immediately involve another person. I am able to realize that I am too emotional about the situation and cannot make a reasonable decision on my own. Therefore, that is how I believe the ground rules should be changed. What are the ethical implications of the decision? The fifth step in the decision-making process is to monitor and modify the decision if any problems arise. This will allow the person who made the decision to either live with the implications or select another solution. If they stay with their first option, even if there are implications, at least the person can be sure they followed the steps, weighed all of the options, and this is the most appropriate solution for the issue. Making a decision not only involves implementing it, but also living with the outcome. Conclusion Ethical norms and principles have developed over time and across all different cultures (Shanks, 1997). People have been raised to weigh the difference between right and wrong when making a decision. Therefore, I believe people utilize the ground rules described above without even realizing it. That leads me to believe that ethical decision-making is an innate trait for most people, and something they make the most of on a regular basis. The sad reality is not all people have these skills or even  have the ability to understand the difference between right and wrong. The challenge for us would be to share our knowledge, help others to learn the ground rules of ethical decision-making; and maybe, just maybe, our world would become a little safer. References: Five steps of principled reasoning. (2001). [Online]. Available: http://www.josephsoninstitute.org (September 25, 2002). Shanks, Thomas. (1997, Winter). Everyday ethics: morality requires regular reflection on the day-to-day decisions that confront us. Issues in Ethics. 8(1). [Online]. Available: http://www.scu.edu (September 28, 2002).

The Kingdom of Norways Country Analysis Essay examples

The Kingdom of Norways Country Analysis Norway is one of the most developed countries in Europe. Although they are not apart of the European Union, their economy has bloomed due to good growth in the export markets and petroleum investments along with public sector demand and low-interest rates. Because they are the worlds fifth largest exporter of oil and gas, this contributes to about a third of their revenue. Their good growth has also had a positive effect on other parts of the economy such as heavy engineering and shipbuilding. The standard of living is higher than usual and the country congratulates themselves on having a 100% literacy rate. Although a fairly wealthy country, it is facing several problems. Examples would be the†¦show more content†¦According to the New York Times (2009), immigration has increased extremely since the 1970s. When Norway first received the independence from Sweden in 1905, the country was known for its emigrations, people leaving away fro m the country. However, when Fridtjof Nansen became the High Commissioner for Refugees in the League of Nations (now known as the United Nations), Norway developed a reputation of humanitarianism. This is when natives began moving back and settling into Norway; only bring a few nonnative. In the 1960s, the economy bloomed and there was a need for workers. People from various countries came into work but when the job was complete, they never left. This increase immigration levels since more people were migrating to where their families were. By 1975 there were so many immigrants entering the country that the government enforced an â€Å"immigration stop† restricting people to move into Norway. The Immigration Act of 1988 again allowed immigrants to enter on certain conditions. (Cooper, 2005). Most of the recent immigrants into Norway have been asylum seekers. They were possibly persecuted for political opinions or religious beliefs in their home country which may have made t hem move to another country such as Norway to be protected. According the New York Times (2009), most recent asylum seekers come from Afghanistan, Iraq, Somalia, and Eritrea. These countries are far lessShow MoreRelated Comparative Analysis of Cultural Ideologies in Norway and the United States3902 Words   |  16 PagesComparative Analysis of Cultural Ideologies in Norway and the United States The intent of this paper is to examine individualistic and communitarian cultural ideologies within two distinctly different political environments. The first challenge in comparing two nations is deciding which approach is most appropriate. There are several approaches in political science that have proven most beneficial when making comparisons. 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Should Euthanasia and Assisted Suicide Be Legalized

James Alexander November 27 2011 PHI-105 Professor Sanejo Leonard Should Euthanasia and Assisted Suicide be Legalized? Euthanasia and Assisted Suicide should become legal in the United States and all US territories. Though Euthanasia and Assisted Suicide are not the same and are separate acts, they both serve the same purpose, which is to follow the desire of a person with terminal illness to end their life without legal consequences. This same right should extend to family members and guardians of people unable to act for themselves. The current legal situation is that the procedures are illegal in most of the United States. There should be a Federal Law allowing euthanasia and assisted suicide to be practiced in all fifty states.†¦show more content†¦In Oregon, the â€Å"Oregon Death with Dignity Act† has changed the crime of assisted suicide into a medical treatment if it is provided by a physician. The State of Washington also has a Death with Dignity Act (Assisted Suicide State Laws, 2011). However the laws in the rest of the United States state that euthanasia and assisted suicide is illegal. Since the Supreme Court has upheld the law in Oregon and the laws of Montana and Washington are similar, the laws of other states can be enacted to allow for the use of euthanasia as a medical procedure supervised by a physician. What is the effect of the current law on people desiring euthanasia and assisted suicide and their families ? With the high cost of medical care the financial burden on the sick and comatose and their families is great. A study on the burdens of terminal illness state that people had to take second jobs or a loan or mortgage to finance the expensive health care. Emotional stress is high with the stress of funding health care, and with caregivers more likely to have depressive symptoms themselves (Understanding Economic and Other Burdens of Terminal Illness, 2004). Add to this the threat of imprisonment and heavy fines on persons involved with euthanasiaShow MoreRelatedEuthanasia And Assisted Suicide Should Be Legalized Essay1221 Words   |  5 Pages The Oxford English Dictionary states that euthanasia is a gentle and easy death (Oxford English Dictionary). According to the Oxford English Dictionary, active euthanasia is the ending of a terminally ill person s life by direct intervention, such as administering a lethal dose of painkilling drug (Oxford English Dictionary). While passive euthanasia according to the Oxford English Dictionary is the withholding or withdrawal of life-sustaining medical treatment in the knowledge that the personRead MoreEuthanasia/Physician Assisted Suicide Should Not be Legalized1343 Words   |  6 Pagesof euthanasia, he felt he had no other choice. Knowing his family would disagree, he decided to ask for his doctors’ advice. The doctor knowing he would receive a cash bonus and be financially better off if he did not provide patient care advised the modest man to be euthanized. He took his doctors advice and there was nothing that would change his mind from what he thought would be the be st thing for his family. Still grieving his loss till today, his family will never forget how euthanasia murderedRead MoreShould Euthanasia or Assisted Suicide Be Legalized in Canada?1486 Words   |  6 PagesEuthanasia, formally known as mercy killing, is the act of intentionally causing the painless death of a sick person, rather than allowing that person to die naturally. In terms of a physicians actions, it can be passive in that a physician plays no direct role in the death of the person or it can be active in that the physician does something directly to cause the death (Yount, 2002). Euthanasia may also be formed into three types of act, which are voluntary, involuntary, and nonvoluntary. VoluntaryRead More Physician-Assisted Suicide Essay - Euthanasia Should Not be Legalized793 Words   |  4 PagesEuthanasia Should Not be Legalized      Ã‚   It is conceivable, that life can deteriorate to the point where persons lose their dignity and self-respect and are unable to communicate; life in such a form no longer meets meets the basic criteria of human- ness.   (OKeefe, A1)   Under these circumstances only should Euthanasia be practiced and then only passively (pulling the plug).   Dutch Death, Euthanasia, doctor assisted suicide, whatever you want to call it, it Read MoreEuthanasia And Assisted Suicide Are Legal1506 Words   |  7 Pagesplaces where euthanasia and assisted suicide are legal. Even then, the practice is generally only partially permitted and a majority of patients in cases where euthanasia should be an option, cannot travel to another state or country due to their condition. â€Å"The vast majority of families [of terminal patients] do not have the flexibility, resources and time to make all [necessary] changes† such as obtaining new driver licenses, finding new doctors and house, etc. (Maynard 2014). *Euthanasia and assistedRead MoreAssisted Suicide And Voluntary Active Euthanasia Essay1270 Words   |  6 Pagesphysician assisted suicide and voluntary active euthanasia. Physician assisted suicide is when the patient is prescribed lethal medicine by the doctor to commit suicide. While, voluntary active euthanasia is when a physician takes an active role in the action of killing the patient. There is often debate on w hether or not any of these actions should be legalized in all states. Physician assisted suicide is legal in Oregon, California, Montana, Vermont, and Washington. Voluntary active euthanasia is illegalRead MoreShould Physician Assisted Suicide Be Legalized?1426 Words   |  6 PagesPhysician assisted suicide is also known as assisted suicide. It is a very controversial procedure. It is not favored by many. However, in present day society is little bit inclined towards assisted suicide. There is ongoing debate on the legalization of assisted suicide. The main reason to oppose of assisted suicide is the fear of mistreatment of the patient, abuse of power and so on. In contrary, many see assisted suicide as a way to decrease pain in the end of life. Read MoreAssisted Suicide And Voluntary Active Euthanasia Essay1345 Words   |  6 Pagesphysician assisted suicide and voluntary active euthanasia. Physician assisted suicide is when the patient is prescribed lethal medicine by the doctor to commit suicide. Meanwhile, voluntary active euthanasia is when a physician takes an active role in the act of killing the patient. There is often debate on whether or not any of these actions should be legalized in all states. Physician assisted suicide is legal in Oregon, California, Montana, Vermont, and Washington. Voluntary active euthanasia is illegalRead MoreThe Debate About Euthanasia And Euthanasia1631 Words   |  7 PagesThe debates about euthanasia date all the way back to the 12th century. During this time, Christian values increased the public’s opinion against euthanasia. The church taught its followers that euthanasia not only injured individual people and their communities, but also violated God’s authority over l ife. This idea spread far and wide throughout the public until the 18th century when the renaissance and reformation writers attacked the church and its teachings. However, the public did not pay muchRead MoreAssisted Suicide Essay1534 Words   |  7 Pagesmajority of the cases involved in ‘assisted-suicide,’ which is the process of ending their life with help from another person. Assisted suicide, despite the chronic or degenerative illness, has caused great controversy. The debate arises when the question about whether or not the practice should be legalized is asked. Some say that every person has a God given right to do what they want with their bodies, when they want to do it. Others say that palliative staffs should be focusing on studying better