The Theory Of Responsibility And Omission Essay

The Theory Of Responsibility And Omission Essay

Length: 1535 words (4.4 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

Introduction
The hypothetical situation which is being analyzed here is taken from the ideas of responsibility and omission. The scenario given is one where Professor Swan is standing close by a railroad and sees a two-year-old on the tracks. He can easily rescue the toddler without endangering himself, but he has just had a great idea for a new article and needs to jot it down before he forgets. Eventually, a train comes along and crushes the child. There are two questions being asked. The first is whether Professor Swan caused the death of the toddler, and second, if so, should he be held liable or punishable for failing to rescue the toddler.
Summary
The first thing to look at is whether professor Swan has a legal duty to rescue the child. In the common law tradition there are only four circumstances that create a liability for nonintervention.
Statutory
A duty to act can be imposed by both criminal and civil statutes. Most states require anyone involved in an accident to stay at the scene and render aid to the other party. There are Good Samaritan laws that require a person to help if they see someone in distress, though not all states have them. Health and safety laws are there to keep employees safe and consequences can occur for the employer that fails to do so. All states require that anyone who works with children report abuse and neglect. There are also states that require all of its citizens to report these crimes and failure to do so is punishable.
Using our scenario professor Swan does not have a statutory duty to the child, unless of course the train and the child are in a state that has a Good Samaritan law and if they are in California that would not be the case. If, for instance he was a social worker on vacatio...


... middle of paper ...


...th of the child. That does not take away the obligation to save the baby. His right to neglect saving the child in favor of writing something down takes away from the right of being human. Are humans mere animals that have no morals? Can this country continue to thrive without them?
Conclusion
The justification to leave the child on the tracks is unacceptable. There is none. We cannot continue to walk away from God and mankind’s moral obligations. The terrorism and continued onslaughts to the American people are occurring because we have forgotten who blessed this country and what it stood for. Love each other as I have loved you has become some silly phrase and not the commandment that it started out as. Professor Swan is as guilty morally as if he put the child there himself and the fact that legally he would most likely get a slap on the wrist makes me cringe.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

The Theory Of Scientific Critique Essay examples

- Individual responsibility provides a just and effective base that current Australian legal system. This following essay will analyse how the criminal justice system rests upon the idea of individualised responsibility with reference to the main two core principles that make person criminal liable, these being the Latin phrases Mens Rea “guilty mind and atus reas “Guilty act”. These two core principles will then be used to critically analyse the current model of individual responsibility to support that it is an effective and fair system for Australian criminal law....   [tags: Crime, Criminal law, Criminal justice, Police]

Better Essays
1474 words (4.2 pages)

Milton Friedman 's Theory Of Corporate Social Responsibility Essay

- Today’s 21st century has brought forth many changes, both positive and negative, as well as, an extremely diverse society whose different needs and wants must be met. Therefore, in an attempt to sustain a balance and comprehend today’s challenges, society as well as, businesses tend to adopt and incorporate certain methods, systems, and theories. As a matter of fact, in the past, the Milton Friedman’s theory of corporate social responsibility was adopted and very influential (Friedman, 1962). The Milton Friedman’s theory stated that the obligation of a business was to maximize its profits, and that business executives had a responsibility to their shareholders rather than to the greater good...   [tags: Social responsibility]

Better Essays
1064 words (3 pages)

Essay on An Omission

- An Omission An omission is a failure to act. Where someone fails to act, they will not be liable under criminal law however, in some situations people have a duty to act and criminally liability will be imposed. An example of when someone has a duty to act is when there is a special relationship. A practical example of this is demonstrated in the case of R v Lowe. Whereby the parents failed to call the doctor when their child fell ill....   [tags: Free Essays]

Free Essays
409 words (1.2 pages)

Essay about The Responsability of a Corporation to Provide for the Host Country

- Several multinational corporations have been criticized by activists for their inadequate social responsibilities while operating in the global context. A number of multinational corporations along with their shareholders embrace the ethical egoist perspective of ethics when trying to compete with other corporations globally. In this essay, I will argue that any multinational corporation who decides to operate in the global context must have positive obligations to promote just background institutions....   [tags: csr, social responsability, moral reasoning]

Better Essays
2003 words (5.7 pages)

Types Of Corporate Responsibility : Csr, Stakeholder Theory And The Triple Bottom Line Approach

- This review of literature will discuss three key approaches to or models of corporate responsibility; CSR, stakeholder theory and the triple bottom line approach and how they impact stakeholder relationship and sustainability. Also addressed in this review are generation Y, their work values, and how CSR impacts employee satisfaction and retention. Besides, gaps from the review of past literature will be discussed to identify potential areas for future research particularly on ways that firms, particularly multinationals in Malaysia can use CSR as a tool to attract and retain generation Y....   [tags: Corporate social responsibility]

Better Essays
795 words (2.3 pages)

Corporate Social Responsibility ( Csr ) Essay examples

- Corporate social responsibility (CSR) “calls for corporations to be more accountable to the multiple groups who constitute them and/or are directly impacted by their actions,” which aligns with Freeman 's view that managers are responsible to all groups that affect or are affected by the company 's actions (Menser, p60). There are three ways of being socially responsible: the stakeholder theory of corporate social responsibility (ST CSR), the civil society model of corporate social responsibility (CS CSR) and the solidarity economic view (SE)....   [tags: Social responsibility]

Better Essays
1350 words (3.9 pages)

The Idea Of Responsibility : Responsibility Essay

- The Idea of Responsibility What exactly is the idea of responsibility. The idea of responsibility is a broad notion that varies from culture to culture and from one age group to another. What a child perceives as being responsible may vary once he becomes an adult, or maybe what I consider to be the norm others see as a great act of responsibility. For such reason I am not going to portray what the exact meaning of responsibility is because that might not be the same for others, but rather focus on what for me it represents and how it molds my life....   [tags: Social responsibility, Responsibility]

Better Essays
752 words (2.1 pages)

Social Responsibility In Management Essay

- Management essay. The management concepts refer to the Planning,Organizing, Directing/Leading,Controlling and involve the company's responsibilities for example.economic Responsibilities, the Responsibility to turn a profit to allow them to start the other social Responsibilities,legal Responsibilities, which is to obey the laws of the state or country they are operating in which  is the most important responsibility according to the theory of corporate social responsibility,ethical Responsibilities, are the responsibilities that a company puts on itself because its owners believe it's the right thing to do not because they have an obligation to do so,Philanthropic Responsibilities, the Resp...   [tags: Social responsibility]

Better Essays
788 words (2.3 pages)

Essay Corporate Responsibility And Social Responsibility

- Corporate Responsibility It is almost impossible for any person to live a completely private or independent life. Therefore, people in the same society depend on each other for survival. Consequently, it implies that everybody in the society owes a responsibility to other people living in that society as well as to the environment they live in. The same way, one society owes a responsibility to all the others living around it. In a corporate or business environment, an organization has several stakeholders, including investors, suppliers, customers, employees, and the society as a whole....   [tags: Social responsibility]

Better Essays
882 words (2.5 pages)

Responsibility Of Responsibility Essay

- Being a member of the human race means there are roles that must be played. One role that most everyone can, should, and will fall into is one of responsibility. Parents are responsible for their children, students are responsible for their academic performance, leaders are responsible for those they lead, etcetera. As citizens in communities, we are responsible for how we contribute to societies. The most beneficial way, and arguably important way, to contribute is through service. The truth is that the more one serves, the more responsibility that individual is given, and they more they are able and expected to serve....   [tags: Human, Humans, Responsibility, Citizenship, Want]

Better Essays
808 words (2.3 pages)