Public Justice Theories and Their Implementations
In The Legal Field
In observing the legal field, and interning at a law firm for the past three months, it has become clear that when the equity theory, exchange theory, expectancy theory, and need theory are implemented correctly, they can lead to the successful running of a law firm. With the implementation of these theories employers are rewarded with a law firm that is profitable and produces happy clients and associates. Throughout the duration of this paper, I will analyze and explain, the equity, exchange, expectancy, and need theories in relation to the successful running of Berger & Kernan, Professional Corporation. Berger & Kernan is a small law firm in Clifton Park, New York. The
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If the equity theory is not implemented in the work place workers may try and restore equity. One way that workers may attempt to restore equity in the work place is to reduce the amount of effort they put into completing a job or assignment or task. Workers may also request greater rewards such as a pay increase in attempt to restore work equity in the workplace. However, if the equity in the work place fails to be restored workers my leave their jobs in search of a new job were equity is in consistent equilibrium (Skiba & Rosenberg, 2011). Interning at Berger and Kernan, I have had the opportunity to observe the equity theory being implemented and when the theory is heavily engrossed in the day-to-day atmosphere the firm is more …show more content…
If someone is having trouble finding information regarding a case or looking up something using the legal database, because the exchange theory is constantly being used throughout the office, work is not halted when one person needs help accomplished a task. I have also had the opportunity to observe the exchange theory is on a daily bases when office staff work together in order to get work accomplished. In my time at Berger & Kernan, though the examples above, it has become clear that the exchange theory is an important part of maintain and running a successful law firm. The exchange theory allows employees to seek out help from others and in return obtain help, support or advice at a later date. With the implementation of the exchange theory employees are more productive. This leads to more money being made and more satisfied clients willing to recommend the services at Berger &
“Equity considerations play a major role not only in the evolution of distributive systems but all in the emergence of supporting ideologies and the processes through which distributive systems are challenged and replaced” (Cook,K.S., & Parcel, T.L. 1997, p.2). Therefore, when the employees are rewarded for their work they will most likely work harder to restore the balance of equity. Whereas if an employee is under rewarded the employee will most likely do the opposite and not work as hard. The ongoing issue at Engstrom Auto Mirror Plant was that the employees were being under- rewarded and not appreciated by upper management, which lead to low productivity that severely impacted the companies
The struggle for pay equity is part of America's evolving sense of what is fair and just. After all, slavery was once an accepted part of this democratic nation; union
Society subscribes to a value system to focus on the concepts of justice and equality. Justice which is used in a legal system can help determine whether an individual’s act was wrong or right and it helps other make a fair judgment among individuals equally. George Cole, Christopher Smith and Christina DeJong (1984) discuss how individuals will go through the process of the justice system to determine whether they are found guilty or not guilty, in their book, “Criminal Justice in America.” They clarify that less punishment can be offered to middle or upper class by a systematic bias that works to the disadvantage of the poor. When comparing the treatment of blacks and Latinos to whites, black Americans and Latinos are disproportionately poor
Throughout human existence, there has always been a struggle between the idealistic views and the realistic views of justice. The idealistic person believes that everyone deserves justice; however, there have been times when people have been wrongfully convicted for a crime and spent years in prison. In the movie, The Dark Knight, Bruce Wayne understands the corruption of the justice system in Gotham City and creates a vigilante persona to bring justice to Gotham City. The Joker, the realist, realizes that Gotham City cannot be saved because he believes that the true nature of human beings is selfishness. In The Republic, Plato argues that power should be used to govern in the best interests of the entire community. Thrasymachus the realist, however, argued that success can be achieved by caring for the citizenry so that they can provide material wealth and power for the leader or leaders. Batman is the idealist because, by becoming a vigilante, he is considering the community’s best interests which are consistent to Plato’s philosophy (The Dark Knight). Batman believes that justice should be used to protect the weak from the manipulative. Joker is the realist because, by being a villain, he places his everyone else’s interests over others and considers them as the best for himself, which is consistent with Thrasymachus’ viewpoint (The Dark Knight). In this paper, I will discuss the similarities and differences between idealistic views of the Dark Knight and Plato and the realistic views of the Joker and Thrasymachus.
Equity on the other hand is related to the distribution of wealth. A quick definition could be that "Equity is where income is distributed in a way that is considered to be fair or just". [3] This could be easily seen in the struggle of women to receive equal pay as men when performing the same tasks. Legislation is in place in some countries to prevent that this discrimination doesn't happen and income distribution is equal and fair between men and women.
Resembling state-base justice, traditional justice has a rich history and before we talk about the pros and cons of this justice approach, I will first define traditional justice and its history. Unlike state-based approach, traditional justice attempts to repair harmed relationships and there does not exists any formal procedures (Diamond). What this means is that both parties must come together and solve the issue and often with the help of a third party who is often a chief or anindividual that is respected and with no stakes in the issue (Diamond). Both parties also have to come together with the intent to repair harm that was damaged through the wrongful act and as a result, they are less selfish (Diamond). In addition, in order for the two parties to come together, the guilty party acknowledges their misbehavior and explain why they did it (Diamond).
Today’s justice system is broken and flawed, with a history of falsely convicting innocent people due to a variety of things, including eyewitness misidentification, invalid or improper forensic testing, and even racial bias on the jury. Many wrongful convictions happen as a result of a combination of these things, and other causes can contribute in each individual case (“causes”). Countless people throughout history have been punished for crimes they did not commit, and with recent advancements in DNA testing bringing about hundreds of exonerations of the wrongfully convicted, one has to wonder how many innocents have languished in prisons throughout history. With all the flaws and potential for error in our courtrooms today, justice can not be brought about by our current system; in order to repair it, we need governmental reform to promote true equity and prevent future miscarriages of justice.
The discipline of Justice Studies is part of a recent movement (twenty-first century) towards understanding the concept of justice in a broader context, and like Sociology, is one discipline in the social sciences category. Ordinarily, the term “justice” is mistakenly interpreted to be interchangeable with “law”, or a subset within a legal framework. However, it is precisely the opposite, which is true. Indeed, “although law can be an aspect of what constitutes justice in a society, justice is not reducible to law” (Medina, 2016, p. 1). Justice Studies seeks to bridge the gap in understanding how the principles of justice inform society’s views about ethical, philosophical, political, social,
“When people collectively come together and strategize and plan, working together and acting together, they create a power that they can effectively use in their situation to effect change.” (Rev. Dr. James Lawson, Jr.) This quote draws upon the essence of Restorative justice as it involves community building, reconciliation, and peace making. Restorative justice can be best described as an effective and unique way to address problems between both the victim and the offender. Restorative justice is a problem solving approach that brings the community, the victim, and the offender closer together and allows healing for those affected by the crime to move on with their lives. It has several aims such as holding the offender accountable for what
Blind Justice is the juridical term for describing equal and fair treatment to a person or between peoples in a particular (juridical) case. But is justice really blind? Well, we'll discover the answer using the exemple of the unfair justice treatment of Jean Valjean (a repented thief), and the family Thénardiers (Monsieur Thénardier and Madame Thénardier) in the famous novel of Victor Hugo Les Misérables. Les Misérables follows the struggle of Jean Valjean trying to become a better man in the Post-Napoleonic France society fulled of unfair justice. This will lead us to the meaning of mercy and the role of mercy in Les Misérables.
Can there be justice for all? To answer this question I must first define what justice is. Justice is ?the quality of being just, impartial or fair? in your dealings with others according to Merriam Webster?s Collegiate Dictionary. Keeping that definition in mind, I now must turn to the Voices of Wisdom in order to find an example of a situation in which all parties feel that they are being treated justly. After examining examples such as: Euthanasia, discrimination based on sexual orientation, and equal opportunity offered within the book, it becomes clear to me that there is in fact no possible way for there to be justice for all because everyone?s judgement is in some way or another clouded by their own self interests.
The effective Human Resource Management in an organization requires an exceptional standard set for motivation, job design, reward system and equity. Nowadays, people are more willing to avoid unfair treatment in the workplace than any other aspect. The fundamental concept behind Equity is an attempt to balance what has been put in and taken out at the workplace with a feeling of justice being served. Unconsciously, values are assigned to many various contributions made to the organization, hence causing an air of misbalance in the environment. There has always been a disparity in the view on the desirability or the cost effectiveness of policy measures. The importance of equity or reducing discrimination has gained a lot of attention in the labour market (Milkovich, Newman & Ratnam, 2009).
The main goal of this essay is to introduce how classical theory and positivist theory influenced the criminal justice system in the past and actually. These two theories were discovered in XVIII and XIX centuries. The main contributors which represented classical school were Jeremy Bentham and Cesare de Beccaria. Representative who was preaching positive theory was Cesare Lombroso, Raffaele Garofalo or Enrico Ferri. Differences between these theories were slightly dissimilar. Classical theory mentions that humans are intelligent, rational beings who are responsible for their own decisions.
The Importance of Justice in Society One component of the definition of justice is the final outcome of the process of the law, whereby justice is distributed by the State. According to this definition, justice is the mechanical process of the structure of law – set in place and agreed to by the people of the State. Another definition is concerned with the value inherent in ‘just’ behavior. One distinction between these two definitions is the difference between an individual viewpoint and the larger view of the society. Either view incorporates the concept of moral judgment; ‘good’ as opposed to ‘bad’.