scholarly journals The Role of Human Dignity in the Assessment of Fair Compensation for Unfair Dismissals

Author(s):  
S Vettori
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.


2014 ◽  
Vol 27 (2) ◽  
pp. 329-356 ◽  
Author(s):  
Pritam Baruah

Employing moral values as justifications in judicial decisions has been controversial. At present, there is increasing controversy over the application of human dignity. Contemporary debates on the role of dignity in law and adjudication are heavily influenced by Christopher McCrudden’s account of dignity as a placeholder, and much thinking on the contested nature of values is influenced by WB Gallie’s idea of Essentially Contested Concepts. In this paper I argue that both these accounts have limited explanatory and normative potential. McCrudden’s account is illuminating in terms of the role of dignity in the UDHR, but weak in terms of explaining why employing dignity in adjudication yields diverging conclusions, and why dignity should be understood to be a placeholder. His reliance on Gallie’s idea of Essentially Contested Concepts is also misplaced. Gallie’s views often serve as a philosophical basis for understanding the contested nature of values generally. I argue that his account is an external-descriptive one, which cannot explain why persistent disagreement ensues because of the peculiar nature of some concepts. Neither does it point out any property of essential contestability that is unique to some concepts. Thinking on how values such as dignity can figure as justifications for decisions, therefore, must explore other alternatives.


Author(s):  
Sandra Fredman

This chapter applies the cross-cutting themes in Chapters 1–5 to the highly contested issue of the death penalty. It begins by considering the differences in constitutional texts, and particularly the ambiguity as to whether the death penalty is permitted. This requires judges to apply their interpretive theories. Original intent, natural meaning, and living tree approaches have all been relied on to achieve a mosaic of different and vehemently contested approaches. The chapter then considers how courts in different jurisdictions have addressed three main issues: whether a fair procedure can be found which justifies the death penalty; whether there are good penological justifications; and the role of substantive values, such as human dignity. The chapter highlights the ways in which courts approach the demarcation between judicial and legislative power; their use of comparative materials; and the increasing interconnectedness of the approach of different jurisdictions to the death penalty.


2016 ◽  
Vol 17 (2) ◽  
pp. 204-216 ◽  
Author(s):  
Godwin-Charles A Ogbeide ◽  
Stefanie Böser ◽  
Robert J Harrinton ◽  
Michael C Ottenbacher

The purpose of this study was to analyze the relationship among employee empowerment and other complaint management procedures concerning guest satisfaction, intention to return, and intention to recommend the firm to others. The results indicated the importance of empowering frontline employees to properly accept, process, and react to complaints for an efficient complaint management strategy. In addition, the results showed that the three critical attributes for overall firm satisfaction, customer loyalty, and intention to recommend the firm to others included welcoming and understanding guest complaints, providing fair compensation, and promptness of complaint handling process. This study will enable hospitality and other service-oriented organizations to identify aspects of their operations that require more investment in order to ensure service improvements that would ultimately lead to better performance.


Philosophies ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 12
Author(s):  
Lorenzo Magnani

Research on autonomy exhibits a constellation of variegated perspectives, from the problem of the crude deprivation of it to the study of the distinction between personal and moral autonomy, and from the problem of the role of a “self as narrator”, who classifies its own actions as autonomous or not, to the importance of the political side and, finally, to the need of defending and enhancing human autonomy. My precise concern in this article will be the examination of the role of the human cognitive processes that give rise to the most important ways of tracking the external world and human behavior in their relationship to some central aspects of human autonomy, also to the aim of clarifying the link between autonomy and the ownership of our own destinies. I will also focus on the preservation of human autonomy as an important component of human dignity, seeing it as strictly associated with knowledge and, even more significantly, with the constant production of new and pertinent knowledge of various kinds. I will also describe the important paradox of autonomy, which resorts to the fact that, on one side, cognitions (from science to morality, from common knowledge to philosophy, etc.) are necessary to be able to perform autonomous actions and decisions because we need believe in rules that justify and identify our choices, but, on the other side, these same rules can become (for example, as a result of contrasting with other internalized and approved moral rules or knowledge contents) oppressive norms that diminish autonomy and can thus, paradoxically, defeat agents’ autonomous capacity “to take ownership”.


2020 ◽  
Vol 8 (2) ◽  
pp. 183
Author(s):  
James Marcum

In this paper, an axiological analysis for the role of values in person-centered healthcare is undertaken from aesthetic, epistemic, and ethical perspectives, given the backdrop of a robust notion of personhood. To that end, personhood is first analyzed and conceptualized to provide a practical framework for situating the axiological analysis for the role of values, especially the value of human dignity, in healthcare. In terms of aesthetic values, beauty plays an essential role within person-centered healthcare, especially with respect to the value of wellbeing, and for providing a platform to analyze further both epistemic and ethical values in healthcare. With respect to epistemic values, truth - particularly in terms of the value of competence - plays a critical role in providing effective healthcare. In terms of ethical values, the good, especially with respect to the value of caring, plays a vital role in shaping how both clinicians and patients comport themselves in the clinical encounter. In a concluding section, the significance of the axiological analysis for the role of values in person-centered healthcare, in contrast to healthcare based on the biomedical model, is briefly discussed.


2018 ◽  
Vol 2 ◽  
pp. 75-98
Author(s):  
Lorraine Krall McCrary ◽  

Arendt’s “natality,” a promising foundation for humanness that might be expanded to include those with profound cognitive disabilities, emerges in part out of Arendt’s creative interpretation of Augustine. Returning to Augustine provides natality with resources to escape the weaknesses of Arendt’s thought when viewed from the perspective of disability theory: The traps of grounding human dignity in rationality, of downplaying expressions of creativity in non-political spheres, and of denigrating the role of the body.


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