Question One: Six Universally Acclaimed Values
While the world is comprised of different people with various customs and practices, there are certain things that cut across all the people of the world irrespective of their political, cultural or religious affiliation. Put differently, such things are termed as being universal as they transcend boundaries, culture and nationality. This section of this article will highlight six values that are almost universal. They are values that have almost attained the status of a norm in most parts of the world. Any departure from these values will most likely be frowned upon by any person, irrespective of the part of the world they come from. These values include honesty, respect, dignity, fairness, freedom and equality. Honesty denotes being truthful in all the things that one undertakes. Any conduct that connotes dishonesty is usually frowned upon. Respect entails treating others in a manner that shows one acknowledges that they deserve to be treated like fellow human beings. It entails treating others just as one would expect to be treated. Dignity entails recognizing and respecting the self-worth of every individual irrespective of their place of origin or status in society. Fairness entails treating everyone impartially. It entails acknowledging the fact that everyone has a right to be subjected to the same standard of treatment. Freedom connotes allowing others to be themselves; to self-actualize. It entails not imposing any unnecessary restrictions on others that would adversely interfere with their daily lives. Equality between men and women is also a value that has increasingly gained currency in the world. It entails recognizing that men and women are equal and that gender should not be used as a basis for discrimination.
Question Two: Advantages and Disadvantages of Arbitration over Litigation in Dispute Resolution
There exists a number of ways of resolving disputes. Critical among these include litigation, negotiation, mediation and arbitration. While each of these has its own merits and demerits, this article will focus on the advantages and disadvantages of using arbitration instead of litigation to resolve disputes. Litigation refers to the process of resolving a dispute through the court process. On the other hand, arbitration involves the use of a neutral person, usually called the arbitrator, to resolve a dispute between parties. One of the key advantages of arbitration over litigation is that unlike litigation which is a public process as it is open to all members of the public, arbitration is a more private affair as it is restricted to the parties in the dispute and the arbitrator only. The advantage that lies in this set up is the fact that individuals and corporations using arbitration are able to avoid the negative publicity which is usually associated with cases that are resolved through litigation. Another key advantage of arbitration over litigation is that disputes are resolved much quicker through the use of arbitration as compared to the time it takes to resolve a dispute through litigation. This is because arbitration is devoid of all the technicalities and procedural requirements that characterize litigation. Thirdly, more often than not, the costs of resolving a dispute through arbitration are usually lower than the costs of resolving a dispute through litigation. Perhaps the main disadvantage that can be associated with arbitration when used to resolve disputes as compared to litigation is that the risk of an injustice occurring is more likely to occur in an arbitration process as compared to the litigation process. This is because litigation has procedural safeguards that are meant to limit as much as possible the chances of an injustice occurring. While it fast and expeditious, the arbitration process is devoid of these procedural safeguards and thus there is a higher risk of an injustice occurring.
Question Three: Case Study of Ethical Behaviour
In the case study of the of the Harvard MBA student, the professor and the students did not behave ethically. Ethical behavior is behavior one that takes into account the fact that one’s conduct must not in any way offend others. The hanging of a poster of a naked woman chained to a tree and the subsequent laughter by all the men in the class as well as the professor was unethical behaviour. It was unethical because both acts, the hanging of the poster and the subsequent laughter by the male students was offensive to the female students in the class. It was also offensive because it was arguably put their in bad faith so as to offend the female students in the class. It was also unethical because that is not what one would expect to happen in a mixed gender class at Masters Level and for that matter at a reputed institution of higher learning. If the men had exercised good ethical behaviour in that instance, they would not have laughed at the poster but rather would have demanded that it be removed as it was offensive to the female students in the class. As for the professor, good ethical behaviour in the circumstances would have demanded that he instructs the poster to be removed immediately and clearly explains to the students why such posters would not be acceptable. He ought to have played his role as the person in charge of the class to set the right tone is as far as dictates of good ethical behaviour are concerned.
Barnett, L. D. (2011). The Place of Law: The Role and Limits of Law in Society. New Jersey: Transaction Publishers.
Davson-Galle, P. (2009). Reason and Professional Ethics. Farnham: AShgate Publishing Limited.