‘The Compensation Culture: Cliché or Cause for Concern?’
This essay is focused on assessing the argument of the author, Hand, in his article on compensation culture. It will begin by providing a definition of the term ‘compensation culture’. In the first part, the essay will utilize research criteria covered in the syllabus in order to efficiently criticize the article. Secondly, it will consider the contribution made by this article in relation to compensation culture, before making a conclusion.
Introduction
Lord Hobhouse in Tomlinson v. Congleton defined compensation culture as a procedure that involves blame for a particular injury. On the other hand, Lord Steyn in the Calderdale case referred to compensation culture as the practice of according remedies for perceived misfortunes. This procedure is fuelled by the mass awareness of the possibility of reimbursement for an injury. There have been increased claims (which have been strongly refuted) that compensation culture is taking a hold of the United Kingdom.
Evaluation with reference to research methods studied
In their article, McConville and Hong Chui write that empirical legal research depends on evidence. They explain that it is an investigation that involves the use of data in research to answer specific research issues. Doctrinal research is done mostly by legal practitioners, writers and researchers and uses judgements made in court, statutes and law books or journals to make the law more understandable. The research done by Hand shows the use of empirical research, as there is use of available statistics from the government, courts and employment tribunals. There is also evidence of doctrinal research as seen in the reference to case judgements and the ...
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...uardian.co.uk/uk/2006/feb/28/law.world?INTCMP=SRCH> accessed 5th January 2012.
McConville, M., and Hong Chui, W., ‘Introduction and Overview’, in Research Methods for Law, (eds. McConville and Chui) (Edinburgh: Edinburgh University Press, 2007) 5.
Dobinson, I., and Johns, F., ‘Doctrinal Legal Research’ and ‘Non-Doctrinal Research’, in McConville, M., and Hong Chui, W. (eds.), Research Methods for Law (Edinburgh: Edinburgh University Press, 2007) 22.
McConville, M., and Hong Chui, W., ‘Introduction and Overview’, in Research Methods for Law, (eds. McConville and Chui) (Edinburgh: Edinburgh University Press, 2007) 3.
Hand, J., ‘The Compensation Culture: Cliché or Cause for Concern?’ (2010) 37 Journal of Law and Society (hereafter referred to as ‘Hand’) 570.
Hand, 574 n.21-24.
Hand, 572 n. 10.
Ibid n. 11.
Hand, 571 n. 7, 575 n. 29.
Hand, 572.
Law and Literature, Vol. 16, No. 1 (Spring, 2004), pp. 33-63. JSTOR. 2 November 2008.
I would objectify my research data and employ the research and discovery of legal case studies that quantify Dr. Napier’s hypothesis of irreconcilable differences to pinpoint a preponderance to support or disprove this trend. To fine tune my analysis on this topic, I would investigate the statistics on a sample population on this topic that are published by a reputable agency.
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After reviewing Holland’s organizational strategy and exit interviews from the last seven years it is certain that through the new and effective compensation and benefits program created for Holland Enterprises, it will decrease the turnover rate, increase employee satisfaction and engagement and benefit the organization’s overall profits. Through careful consideration of pay structures, incentive awards, internal and external equities and the organizations benefits package Holland Enterprises new compensation benefits package will provide an effective and competitive compensation program. Henderson (2010) writes, “To survive and be successful in a global economy, an organization must be competitive. A major factor underlying organizational competitiveness is labor costs. Not only must an organization pay its workforce a competitive wage within its geographic region, but it also must vary the kinds and amounts of rewards offered, recognizing differences in individual contributions.” (p. 13)
Compensation plays a huge role in many areas of American society. One of the most important, may be the health of the individuals living in our society. The amount of compensation an individual receives can have a great impact on the individual’s health and the health of their family. Things like income, quality of health insurance, amount of stress, and quality of food consumed are all factors that could contribute to the overall health of a person. 4
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...-legal helps to bring about a better understanding of the law and postgraduate scholars would do well to prepare themselves with other research methodologies.
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