Are reason and emotion equally necessary in justifying moral decisions Essay - 2

Are reason and emotion equally necessary in justifying moral decisions - Essay Example It is interesting to study the processes through which a person goes through while arriving at a final decision, specifically, moral ones that test his or her character and loyalty. Often we see that the decisions that we take are decided by many factors. We are often trained to take decisions that are unbiased, but at some point of time in our lives, we come upon a dilemma wherein we start to question established rules and seek answers to why we must not heed to put emotional values while taking decisions. We tend to ask whether logic is all that we need to face the realities of life. We tend to consider why emotions are not given due importance in the decision making processes that can severely affect out lives in the future. The tension that arises out of conflict between heeding our inner voice and heeding to logic can create many problems in life. Essentially emotion is automatic and reflexive while logic is learned and acquired. While emotions are different from person to perso n, logic is more or less standard in its approach. In a way, it may be said that emotions are the real nature of a person, while logic conditions one to conform to the rules of the society. Decision making is dependent on the importance of the situation. While deciding on important things, such as opting between the elevator or the stairs, or making a decision on skipping breakfast, a person does not need to spend much time on the decision-making process. Sometimes, a person is not even aware that a decision has been made as he or she carries on with the chores of the day. However, when it comes to moral decisions that can have important ramifications in life, a person may have to stretch his or her mental faculties beyond the mundane and summon reason and emotion to come up with the right decision. Hence, it may be seen that there are certain situations in life where emotions and logic

The Law of Restitution Essay Example | Topics and Well Written Essays - 2500 words

The Law of Restitution - Essay Example This implies that the focus of restitution is on the defendant rather than the claimant. There have been scholarly debates on the threshold for a case to be considered as falling under the law of restitution. This is because previously, cases of unjust enrichment have been treated as falling under the law of quasi contract. However, according Meyers (2009), there are four elements that place a case outside the law of tort and contract. The first aspect is that a benefit is received by a party B and the benefit may be in form of money or services. The benefit is received at the expense of party A. Then it should be ascertained that there is an unjust factor that requires that the benefit be reversed. Finally, if B cannot point to any relevant defence, the case is considered to warrant restitution. Restitutionary remedies fall into two categories. Personal restitutionary remedies restore to the claimant the value of the benefit that the defendant had received. This means that the defen dant is liable for the benefit itself. For instance if a defendant received one million pounds from the claimant, then under restitution, the defendant is liable to pay a sum of one million pounds back to the claimant. The restitution remedy creates a creditor –debtor relationship between the claimant and the defendant. The second category of restitutionary remedies is that of proprietary remedy. ... The claimants interest to the property ranks above the other creditors of the defendant and hence the claimant is likely to recover the property if the defendant becomes insolvent ( Garry, 2008). Restitution is considered to be mauti-causal. The first category of restitution is the restitution for unjust enrichment. This involves reversing of gains by a defendant obtained in an unjust way. The second category on restitution is known as restitution for wrong doing. For example, when a defendant commits a tort against the claimant, the remedial assessment is done in reference to the defendant’s gain and not necessarily in reference to the claimant’s loss. The claimant has the proprietary right to a property, whether it existed previously or made to exist by operation of law ( Howard and Cameron, 2008). This paper aims to outline the legal principles that relate to the laws of restitution. It also aims to analyze existing case laws on restitution and ascertain the scope an d implications of this law. The paper outlines the recent developments in application of the law of restitution and the future trends. It is necessary to appreciate the impact of laws on the citizens and the relationship between common law and related statutes is also considered in depth. Restitution is considered as a universal phenomenon and therefore it is necessary for analyzing the application and implementation of the laws of restitution across various jurisdictions. The paper also aims to show the essence of restitution law in the dispensation of justice. 2. Grounds of Restitution 2.1. Unjust Factors An action for restitution does not require any loss to be suffered by the claimant. The major focus in restitution cases is the benefit that the defendant received. Therefore, it is arguable in