Kant s Principles Of The Metaphysics Of Morals - 1719 Words

An Analysis of a Few Elements in Immanuel Kant’s Fundamental Principles of the Metaphysics of Morals Immanuel Kant offered a reorientation on how the established questions of metaphysics can be resolved. He claimed that man’s mind constructs human experience and that reality must agree with the mind’s notions, in contradiction of the view that the mind is a reflection of reality. His interpretation was that the mind is capable of actively creating experiences instead of passively being shaped by reality. Kant further believed that man possesses an objective knowledge of the universe. A priori laws were the basis of this knowledge; but, questioned its possibility. His assertions specified that the subject provides the laws that create the experiences of objects and that these laws were a priori laws that man holds about all objects prior to man’s experiences about them. To understand these laws, Kant investigated man’s experiences, specifying those which are given by the mind apart from those which were provided by instincts. He further argued that moralit y is derived from reason and this reason is the origin of man’s morality, which he referred to as the Categorical Imperative. According to Kant, if this categorical imperative is defied, man becomes irrational and immoral. His logic consisted of inducing from people’s daily sensible knowledge of morality, which he referred to as practical reason, into metaphysical understanding. As Kant attempted to reorient anShow MoreRelatedEmmanuel Kant and Moral Theory1589 Words   |  6 Pagescontributions to moral theory is the concept of pure practical reason that, as an alternative to moral sense theory or teleological ethics, more positively views the capability of fallible individuals to act morally. Practical reason, the basis of Kantian metaphysics, was revolutionary because it challenged skepticism towards human moral capacities and insisted that the moral faculty is an implicit part of common human reason. Practical reason is an instrumental theory in Kants Metaphysics o f Morals and greatlyRead MoreImmanuel Kant And The Ford Pinto Case991 Words   |  4 PagesImmanuel Kant and The Ford Pinto Case Immanuel Kant ¶s theory on morals states that  ³nothing can possibly be conceived in the world, or even out of it, which can be called good, without qualification, except a good will. ´ 1 Kant points to other human qualities such as courage, intelligence, wit and others that are  ³undoubtedly good and desirable, ´ 2 however, can become bad if the will of the person using them is not good. Kant maintains that in order for an action to be considered moral, it shouldRead More Ethical and Philosophical Questions about Value and Obligation977 Words   |  4 Pagesand Obligation I Recall the distinction between metaethics and normative ethics. Normative ethics deals with substantial ethical issues, such as, What is intrinsically good? What are our moral obligations? Metaethics deals with philosophical issues about ethics: What is value or moral obligation? Are there ethical facts? What sort of objectivity is possible in ethics? How can we have ethical knowledge? Recall, also, the fundamental dilemma of metaethics. Either there are Read MoreKants Fundamental Principles of the Metaphysics of Moral803 Words   |  4 PagesKant s Fundamental Principles of the Metaphysics of Moral The central concept of Kant s Fundamental Principles of the Metaphysics of Morals is the categorical imperative. The conception of an objective principle, in so far as it is obligatory for a will, is called a command (of reason), and the formula of the command is called an Imperative. (Abbott, 30) An imperative is something that a will ought or shall do because the will is obligated to act in the manner in which it conforms withRead MoreThird Breaking Down His Most Important Philosophies1097 Words   |  5 PagesGroundwork of the Metaphysics of Morals 2. Metaphysical Foundations of Natural Science 3. Critique of Practical Reason 4. Critique of the Power of Judgment 5. Critique of Pure Reason a. Knowledge b. Metaphysics Topic: Critique of Pure Reason In order to understand Kant’s position, we must first understand the philosophical environment that influenced his thinking. There are two major historical movements in the early modern period of philosophy that had a very large impact on Kant: Empiricism andRead MoreThe Metaphysic Of Morals By Immanuel Kant1199 Words   |  5 PagesGroundwork for the Metaphysic of Morals by Immanuel Kant: A Reflection and Analysis Author name Name of institutionâ€Æ' In man’s attempt to figure out what is right or wrong, they have developed a number of systems that purportedly deal with such matters. Immanuel Kant expanded on his moral philosophy in his work, Groundwork for the Metaphysic of Morals. This paper will be a reflection upon Kantian ethical principles presented therein and their relation to what is generally called morality. PeopleRead MoreThe Law Of Non Contradiction1581 Words   |  7 Pagessaid of one A must be held for the second A . It is a proposition that is either true or false, and a cornerstone notion for Kant in relation to god and morality. Also, known as the Law of non-contradiction. Concerning the Law of Identity, Leibniz reasoned that it could only be satisfied as a law in the abstract. Or, what could be said in the realm of metaphysics, or a different ontology. He concludes that because nothing in our sensory experience satisfies that law. If nothing in our sensoryRead MoreImmanuel Kant And Kant On Morality1097 Words   |  5 Pagesbe any set of ultimate principles, and there may be any number of moralities in different societies. Examples would be don’t cheat, don’t steal, and treat others as you would want to be treated. When dealing with the philosophers take on morality, there are two which are usually compared to one another, Immanuel Kant and David Hume. Immanu el Kant had many theories throughout his philosophical time. Here are some of his ethical works, Groundwork of the Metaphysics of Morals (1785), the Critique ofRead More Immanuel Kants Ethics Of Pure Duty and John Stuart Mills Utilitarian Ethics Of Justice2753 Words   |  12 PagesImmanuel Kants The Grounding For The Metaphysics of Morals and John Stuart Mills Utilitarianism Immanuel Kant and John Stuart Mill are philosophers who addressed the issues of morality in terms of how moral traditions are formed. Immanuel Kant has presented one viewpoint in The Grounding For The Metaphysics of Morals that is founded on his belief that the worth of man is inherent in his ability to reason. John Stuart Mill holds another opinion as presented in the book, Utilitarianism thatRead MoreJohn Stuart Mill And Immanuel Kant1387 Words   |  6 PagesImmanuel Kant. Mill, in Utilitarianism defines happiness as pleasure without pain. He builds upon this idea of happiness when establishing his moral philosophy, stating that the action that would bring about the maximum amount of happiness is the most moral action. On the other hand, Kant establishes happiness as well-being and a satisfaction with one’s condition. Kant, however, argues that happiness is too fully based upon one’s own personal experience to use as a grounds for a universal moral philosophy

Vengeance Shall Be Mine Essay - 842 Words

Change can truly be a scary concept for some people to grasp. Some people change for the best or some change for the worst. Hamlet is an individual constantly watched because of his change of behavior, speech and thinking. Many of his peers realize that Hamlet has changed for the worst and even gone mad. It is noticeable to many that Hamlet has the biggest character development in the text. Hamlet’s character undergoes many behavioral changes when he is told by his father to avenge his wrongful murder by killing Claudius. I believe Hamlets transformation by revenge is a three stage process in which he evolves to a being consumed by revenge and vengeance. The first stage of Hamlet’s metamorphosis of turning to a being fuelled by revenge is†¦show more content†¦Hamlet then accepts revenge as his main focus of his mind and soul as he states he â€Å"will wipe away all trivial fond records, All saws of books, all forms, all pressures past That youth and observatio n copied there, And thy commandment all shall live Within the book and volume of my brain.† (Shakespeare I.v. 99-103). Hamlet fully accepts his divine duty given by the ghost and proclaims that revenge will fully be upon his mind. One critique elegantly elaborates on Hamlets proclamation that Hamlet sees himself â€Å" As an agent of Gods Vengeance, Hamlet then could act, and his revenge would have the authority and finality of God’s revenge.† (Kastan 117). The second stage of Hamlet’s metamorphosis is when his mercy challenges his thirst for revenge. Hamlet shows mercy on Claudius while he is praying by stating â€Å"And now I’ll do’t-and so’ a goes to heaven, And so am I revenged, That would be scanned. A villain kills my father, and for that, I, his sole son, do the same villain send to heaven.† (Shakespeare III.iii. 73-78). Hamlet does proclaim that if he killed Claudius while he was praying, it would send Claudius to heaven since he is washing away his sin. In Hamlet’s mind, he believes he will be helping Claudius ascend heaven during his prayer if he kills him. However, he craves so much for revenge and tells himself how he is ready for revenge yet it’s not until act five Hamlet proceeds any action on Claudius. The simple answer to Hamlet’s delayShow MoreRelated Vengeance and Forgiveness in Shakespeares The Tempest Essay1052 Words   |  5 PagesVengeance and Forgiveness in Shakespeares The Tempest There are many elements in Shakespeares play, The Tempest, which one cannot reconcile with the real world. The main theme in The Tempest is illusion, and the main focus is the experiment by Prospero. The Tempest, it is clear, features an experiment by Prospero. He has not brought the Europeans to the vicinity of the island, but when they do come close to it, he has, through the power of illusion, lured them into his very special realmRead MoreAnalysis Of Hester Prynne In Hawthornes The Scarlet Letter1211 Words   |  5 Pagesare you Hester, that wear the scarlet letter openly upon your bosom ! Mine burns in secret! Thou little knowest what a relief it is, after the seven years’ cheat, to look into an eye that recognizes me for who i am!† (106 Hawthorne). The quote shows how Dimmesdale suffered in silence and in the dark and his sin of adultery became part of him and burns in secret waiting to be revealed. Chillingworths sin is the sin of vengeance, when he comes to Boston and sees his wife standing on the scaffold inRead MoreHamlet : A Ticking Time Bomb1468 Words   |  6 Pagessmile, and be a villain; At least I m sure it may be so in Denmark. [Writing] So, uncle, there you are. Now to my word; It is Adieu, adieu! remember I have sworn t† With this knowledge that he has acquired, he is now determined to seek vengeance on his uncle who murdered his father the king. However soon this need for justice consumes him and we are left wondering whether or not his act of madness is actually true. â€Å"Why, look you there! look, how it steals away! My father, in his habitRead MoreDeception in Hamlet Essay example938 Words   |  4 PagesPrince of Denmark set in the 17th century who is torn from the loss of his father and vengeance of his father’s killer, Claudius, his uncle. From Hamlet’s need for vengeance lead to the creation of a new identity under a false pretense of his own insanity in order to reveal Claudius’s guilt for the act of murdering his brother in order to claim his right to the Danish Throne. While Hamlet in the pursuit for vengeance, Claudius on the other hand is set on making sure his title of King of Denmark is secureRead MoreEuripides Medea Of Euripides1262 Words   |  6 Pages unwilling to allow her enemies any kind of victory† (Mastin, 3). Medea, the enchantress, has special powers and Jason, and many in the Colchis kingdom recognize that she is dangerous. Thus, she cannot leave the Realm of Colchis without getting vengeance on all that has offended her. The initial conflict shows that Medea is a woman in distress, having been deceived by Jason, the man that she loves. Being the evil spirited woman that she is, Medea’s mind is set on retaliation and destroying Jason’sRead MoreEssay on Merchant of Venice1335 Words   |  6 Pagesand forgiveness as taught by Christ in the New Testament. It is in the climactic trial scene that The Duke, hoping Shylock will excuse Antonios penalty, asks him, â€Å"How shall thou hope for mercy rendring none?† He is referring to expectations of judgment in the afterlife. However, so is Shylock, when he counters, â€Å"What judgment shall I dread doing no wrong?† This exchange perfectly presents this conflict between of the Old Testament and the New, in which the former is seen to emphasize strict obedienceRead MoreWilliam Shakespeare s Hamlet - Moral Idealism1159 Words   |  5 Pagesa beast, that wants discourse of reason,/ would have mourn’d longer, --- married with mine/ uncle,†. (1.2.146; 1.2.150-152) Throughout the play,Hamlet condemns the relationship and marriage between Claudius and Gertrude as incestuous as this was based on the Old Testament book of Leviticus 20:21, â€Å"If a man shall take his brother’s wife, it is an unclean thing; he hath uncovered his brother’s nakedness; they shall be childless.† To Elizabethans, this doctrine of incest affected their lives, the throneRead MoreSin, Knowledge, and the Human Condition790 Words   |  4 Pagesarrives in the colony he deceives the townspeople and tells them he is a physician. His primary sin is that of vengeance. He vows he will find the man that Hester committed adultery with, and that he will have revenge. Completely opposite of Hester, Chillingworth’s mind is at peace with his sin. His body, however, becomes more and more deformed as time goes on, portraying that his need for vengeance is causing an outward effect. It soon become evident that his desire for revenge is boundless, I will huntRead MoreThe Murder Trial Of Casey Anthony1330 Words   |  6 Pagesadministrated and on whom. In the Oresteia, Aeschylus praises the substitution of such blood vengeance system with trial by jury, which according to him was a more civilized and equitable system. In that matter, I must agree with Aeschylus and argue that jury by trial is a far more civilized and equitable system than the old blood vengeance system. First, let us agree on the problems of the blood vengeance system. The most noticeable of the problems that arises from such system is the endless cycleRead MoreThe Tempest: Beginning and Closing Scenes 1221 Words   |  5 PagesProspero: Dost thou think so, spirit? Ariel: Mine would, ser, were I human Prospero: And mine shall. Hast thou, which art but art a touch, a feeling of their afflictions, and shall not myself, one of their kind, that relish all as sharply, Passion as they, be kindlier moved than thou art? Though with their high wrongs I am struck to th’ quick, Yet with my nobler reason ‘gainst my fury Do I take part. The rarer action is in virtue than in vengeance. They being penitent, the sole drift of my purpose

Questions on Law Remedies and Costs

Question: Describe about the Questions on Law for Remedies and Costs. Answer: A contract is a promise or set of promises between two parties whereby one party promises to do something in exchange of receiving consideration from the other party. Such consideration has to have an economic value (Treitel and Peel, 2015). This creates a legally binding contract between the two parties. Such contract is enforceable by law. A contract can be in two forms, a written and an oral (Department of State Development, 2016). A written contract is such an agreement where all the terms are written and signed by the parties. An oral contract however, does not have any such writings. It is a mere exchange of binding words which are enforceable by law. An agreement, whether written or oral, has to be followed as per the terms. A contract has certain elements and these include capacity, intention, certainty, consideration, offer and acceptance (Jacobs, 1985). First and foremost, an offer has to be made for a contract and then such contract has to be clearly accepted by the other party. A mere counter offer does not form an acceptance. A contract has to involve a consideration of economic value (Carter, 2007). Most importantly, an intention to enter into the contract has to be present in the parties otherwise the whole purpose of a contract is lost. The parties to the contract have to be of contractual capability. And lastly, a certainty regarding the terms of the contract is essential to form an enforceable contract. In the present case, Richard and his father entered into an agreement whereby Richard had to mow the family property and do a bit to keep the gardens tidy. In return, a consideration of $200 was fixed which was to be paid by Richards father. The previous garden contractor was paid $350 for the same job. But this does not invalidate the consideration fixed in this case. The parties to contract are free to fix the consideration between them, as long as it has an economic value. So, in this case, an offer was made, an acceptance was attained and a proper consideration was set making this an enforceable contract (The Law Handbook, 2015). An intention to enter into the contract was present between the parties at the time of formation of the contract (Frey and Frey, 2005). A certainty regarding the terms of the contract was also present. So, this whole agreement was a valid and legally enforceable contract between Richard and his father. After four weeks, Richards father told him that he cannot afford to pay Richard $200 a week. He further stated that as a family, it was Richards responsibility to tend the garden and also, that Richard he getting free board and lodging. Family agreements are usually not taken as legally binding. But where clear evidence is present to the contrary, such agreements are binding. In the famous case of Errignton V Errignton, it was held that a fathers promise to allow his daughter in law and son to live in the house and ultimately own it, if the balance of mortgage was paid, was considered as an enforceable contract (Australian Contract Law, 2010). Applying the judgment of this case in the matter of Richard and his father, the agreement between them was an enforceable contract. When a party goes back on its promise, upon which the contract was based, and the consequences of such, result in material harm to the other party, the aggrieved party can claim damages by reasons of breach of contract. Here, Richard was an impoverished university student and his father was a millionaire. If Richard had not worked for his father, he would have been working somewhere else and earning money. Richard was not rich like his father and needed the money as it was his source of income. This can be further explained by taking the case where the garden contractor was still working for Richards father. If the said garden contractor was still working in the garden and doing tasks which Richard is now doing as per the agreement, Richards father would have paid him $350 per week. This amount was nearly double to what Richards father was paying to Richard. It does not matter that Richards father was providing Richard free boarding and lodging. Had Richard not been doing the garden tending activities, he would still have received such boarding and lodging. So, this does not affect the agreement made between Richard and his father in any way. The agreement between Richard and his father was made for a particular purpose of tending the garden. The agreement nowhere stated that free boarding and lodging would be provided in exchange of this work. Such terms were also not present in the agreement between Richards father and the garden contractor. This further strengthens the fact that free boarding and lodging was not part of the agreement. In this case, Richard has discharged his part of the agreement by performing the terms of contract. But on Richards father part, a breach of contract occurred. And so, Richard is eligible to damages as a result of material breach of contract. Damages for breach of contract are viewed as an alternative for performance. Here, the loss of consideration is material in nature and hence, Richard would be successful if he sued his father for a breach of contract. He can claim damages of consideration and apart from that he is also eligible for the mental distress this whole incident caused (Australian Law Reform Commission, 2016). Further, Richard has the right to terminate this contract. There is enough evidence in the present case to prove that an enforceable contract was formed. And by not following the terms of the contract, Richards father has established a breach of contract. And the legal remedies regarding such breach is a viable legal option available with Richard. 2. When an actor is hired for any acting job, they are usually required to sign a contract with the employer. This establishes the terms of contract clearly and removes any chances of ambiguity in the contract. Such acting contracts contain the employment terms, the dates and hours, compensation, exclusivity, merchandising and promotion and publicity services (Atkinson, 2013). An exclusivity term in the contract limits the actors right to engage in any other acting employment. This can include a prohibition from appearing in other productions during or even after a certain period of time. This term is a standard form in acting contracts and is considered valid. Further, exclusivity is not considered as a restriction to trade and commerce. When a party to a contract, fails to perform the terms of the contract, it is the case of breach of a contract by such party (Lindgren, 2011). A contract can be breached by reasons of failure to perform or failure to pay or violation of some other term of contract which is of material significance. In other words, the basis on which the contract is made, a promise, is not fulfilled or broken. A breach can be partial or material or even anticipatory. A partial breach is a failure to perform those tasks which are negligible or immaterial. Unless actual damage is shown, a party cannot sue the other party. In cases of material breach of contract, a major violation of significant terms of contract takes place. A material breach of contract can relieve an aggrieved party from performing his part of contract and gives him definitive right to sue for damages (Gibson and Fraser, 2013). An anticipatory breach of contract results when one party stops acting in accordance to the terms of contract which leads the other party to believe that the first party has no intention of fulfilling the obligations. An aggrieved party can sue breach of contract in form of damages, without actually waiting for the breach to occur (McKendrick and Qiao, 2015). When a breach of contract occurs, party can sue for damages and is also entitled to remedies. Specific performance is one of such remedies available to an aggrieved party (Barnett and Harder, 2014). Specific performance not available as a matter or right but has to be awarded at the discretion of the court. Specific performance is an order of the court which requires a party to perform certain tasks which are stated in the contract. It is classified as an equitable remedy and is an alternative to awarding damages. Equitable remedies are awarded by the court on the basis of what is fair and what seems right in a particular situation. Such remedies are different in each case and it is not necessary to follow the earlier remedies awarded or to stick to the established common laws. These remedies require discretion of court so that court can measure all the aspects of the case and then give the equitable justice to the aggrieved party (Ayres and Klass, 2012). Equitable remedies are flexible in nature and ensure that each situation has its adequate justice. It is worth noting that equitable remedies are not used as often as the legal remedies (like damages). Equitable remedies are awarded only when the monetary damages are either inadequate to the harm done to the aggrieved party or are difficult to calculate. As stated above, specific performance is one of such remedies available to an aggrieved party whereby he court can ask the breaching party to do the tasks mentioned in the contract. An injunction is also a form of equitable remedy whereby a court prevents a breaching party from doing certain things (Clarke and Clarke, 2016). So, by awarding an injunction order, a court can order a person to not do something which would result in loss to the aggrieved party. Injunctions are issued as a remedy at the end of any lawsuit where a breach of contract has been claimed. These are in the nature of permanent injunction. Temporary injunctions are awarded for a shorter period of time and are effectively immediately. Such injunctions are usually awarded before the start of a formal lawsuit. Lastly, a preliminary injunction can also be awarded by the court. These are also temporary in nature but are awarded till the time the proceedings of the case go on in the court (Elliot, 2011). In the given case, Joe entered into an exclusivity contract with Frere Bros, for a period of five years. As per this contract, Joe was prohibited from working in any film which was not made by Frere Bros. but, in the first year only, Joe entered into a contract with Pretty Pictures to star in their film. Here, Joe clearly breached the terms of the contract. And as a result Frere Bros have various remedies available as an aggrieved party. As a matter of right, Frere Bros is entitled to damages. Upon suing Joe, Frere Bros would be entitled to damages in form of a sum which would restore the economic position that Frere Bros expected from the exclusive acting performance by Joe. This sum would be fixed by the court. Further, Frere Bros can show that monetary damages are not adequate for such breach. And can request the court to order specific performance of the terms of the contract and an injunction to stop the breaching party from undertaking certain task. Frere Bros can also request the court to stop Joe from acting in the movie of Pretty Pictures as it would result not only in economical damages, but incomputable loss of revenue, which would have resulted, if Joe had only performed in their movies. Frere Bros can attain an injunction order against Joe which would ensure that Joe does not work in a movie other than that of Frere Bros. To conclude, in the given case, Joe had breached the exclusivity contract which he entered with Frere Bros but entering into an acting contract with Pretty Pictures. Frere Bros have equitable remedies in this case. Firstly, they are entitled to specific performance whereby a court can order Joe to only work in Frere Bros movies for the stated period of five years, as per the contract. Secondly, Frere Bros can get an injunction order against Joe to stop him from acting in the movie scheduled to be made by Pretty Pictures. References Atkinson, G. (2013) Acting Contracts. [Online] LegalMatch. Available from: https://www.legalmatch.com/law-library/article/acting-contracts.html [Accessed on 06/09/16] Australian Contract Law (2010) Errington v Errington [1952] 1 KB 290. [Online] Australian Contract Law. Available from: https://www.australiancontractlaw.com/cases/errington.html [Accessed on 06/09/16] Australian Law Reform Commission (2016) Remedies and Costs. [Online] Australian Government. Available from: https://www.alrc.gov.au/publications/12-remedies-and-costs/damages#_ftn1 [Accessed on 06/09/16] Ayres, I., and Klass, G. (2012)Studies in Contract Law. 8th ed. New York: Foundation Press. Barnett, K., and Harder, S. (2014) Remedies in Australian Private Law. UK: Cambridge University Press Carter, J W. (2007) Contract law in Australia. 5th ed. Sydney: LexisNexis Butterworths. Clarke, P., and Clarke, J (2016) Contract Law: Commentaries, Cases and Perspectives. 3rd ed, South Melbourne: Oxford University Press. Department of State Development (2016) Contract Law. [Online] Government of South Australia. Available from: https://www.sa.gov.au/topics/crime-justice-and-the-law/contract-law [Accessed on 06/09/16] Elliot, C. (2011) Contract Law. 8th ed. London: Pearson. Frey, H.P., and Frey, M.A. (2005) Essentials of Contract Law. 3rd ed, Portland: Delmar Cengage Learning. Gibson, A., and Fraser, D. (2013) Business Law 2014. NSW: Pearson Australia Jacobs, E.J. (1985). The Battle of the Forms: Standard Term Contracts in Comparative Perspective. International and Comparative Law Quarterly, 34 (2), pp 297-316. Lindgren, K.E. (2011) Vermeesch and Lindgren's Business Law of Australia, 12th ed, Australia: LexisNexis. McKendrick, E., and Qiao, L. (2015) Contract Law: Australian Edition. London: Palgrave Macmillan The Law Handbook (2015) Elements of a Contract. [Online] The Law Handbook. Available from: https://www.lawhandbook.org.au/07_01_02_elements_of_a_contract/ [Accessed on 06/09/16] Treitel, G.H., and Peel, E. (2015) The Law of Contract.14th ed, London: Sweet Maxwell.