solved part one- 200 words read Chapters 23 and 24 in
part one- 200 words read Chapters 23 and 24 in the textbook on employment and labor law, 1) Define and briefly explain the logic behind the concept of employment-at-will. 2) How do the laws surrounding organized labor support, modify, or conflict with this concept?3) Is it possible that one approach to staffing would be preferable over the other, or is it dependent on specific circumstances faced by the organization? Explain. part two 200 words Looking back at the discussion boards from the first 5 weeks of class, identify your three biggest takeaways. For each you should identify the concept, the location of the post, and an explanation of why this is important to you. Week one discussion Law is defined as the body of rules of action or conduct prescribed by controlling authority andhaving binding legal force according to the Black’s Law Dictionary. The reason why the law is referred to as the moral minimum is because it suggests for society the bare minimum that is construed as ethical behavior. The law does not police citizens on their every action nor does it prosecute them for all their wrongdoings, however it prohibits behavior that contravenes“moral minimums†(Kubasek, et. al.,2012).The definition of the law being a moral minimum is dependent on looking at the law from a perspective of natural law. This is because the natural law ideology reiterates that the law should be based on a universal moral order and that it exceeds human laws. It takes into consideration morality and that is what “moral minimum†also speaks about. In contrast, legal positivism focuses on the law as it is with no consideration of what is moral or immoral(Mayer, et al.,2014). Natural law is a concept that human beings instinctively follow and is the moral fibre that defines our actions. How a human being acts is typically in response to his conscience and perhaps what is deemed as correct by their religion. However, this might be seen as going against the laws of the state which is where legal positivism and natural law clash. The difference between these two theories can be simply explained as that legal positivism is ‘what the rules are’ and natural law is ‘what is suitable for us as humans’ (OpinionFront, n.d.)The perspective that I would choose between the two is natural law. This is because we do not live in an ideal world where rules can be followed to the letter without taking into consideration the concept of morality and the underlying merits of the law. Natural law considers social context and I believe it is the cornerstone of any democratic society.REFERENCES1. Kubasek , N.K. , Brennan, B.A ., Brownne , M., (2012 ) . Legal Environment of Business , 6 thEdition . Pearson .2. Mayer, D. , Warner, D., Siedel , G., Lieberman. J.K., (2014). Business Law and the Legal Environment: Executive MBA Edition (Version 1.0). Washington: Flat World Knowledge.3. Understanding ‘Legal Positivism’ is Now Easy WithThese Examples – Opinion Front 4. Garner, B.A., (1999). Black’s Law Dictionary : 7 th Edition : West (Thomson Reuters) Publishers . Week two discussionAristotle’s virtue ethics and Josephson’s core values are similar in certain ways but different in others. The primary similarity between these two is that they are both based upon virtues and ethical standards. Additionally, Aristotle’s fourteen virtues, including truthfulness, courage, friendliness, and justice are similar to Josephson’s core values of respect, responsibility, care, and trustworthiness (Mayer, et al.,2014). Also, the virtues theory and the core values model are both applicable to different organizational issues. Despite these similarities, the two were invented at different times in history for unique purposes. One difference between the two is that virtue ethics constitutes one list of dependent values. However, Josephson’s core values constitute two lists that are independent of each other.In both Aristotle’s virtue ethics and Josephson’s core values, the behaviors outline duties to others. For instance, one should be respectful, caring, friendly, and be fair to others (Mayer, et al.,2014). The others in both refer to the other individuals around someone. In an organizational setting, it means co-workers, management, customers, and other third parties. In a societal setting, it refers to fellow members of the society such as family members, neighbors, friends, and strangers. Essentially, it describes people, the people who one’s behavior can affect directly or indirectly. Some of Aristotle’s values also outline behaviors that demonstrate duty to self, such as temperance and modesty.It is critical to note that the law is separate from ethics. Moral ethics and law are two different concepts. In certain cases, something that is legal may be unethical in a specific society and vice versa. Josephson’s core values significantly reinforce the existing laws. For instance, it enforces truthfulness and trustworthiness. It encourages people to tell the truth just as the law does when it comes to court proceedings. It also encourages people to play by the rules, obeying the law, and generally acting as good citizens. Essentially, it helps reinforce the law by creating a sense of ethics where people feel it is their responsibility to behave in a particular manner and follow the law. The core values may conflict with existing laws in one way. Under trustworthiness, it encourages demonstrative integrity where people should stand up for what they believe in (Mayer, et al.,2014). Standing up for what one believes in is not wrong. However, if the beliefs are misguided and wrong, then people may end up committing crimes. For instance, if one believes that murder is right then this core value encourages the person to commit murder.Virtue ethics also partially reinforce the law. It does so by encouraging justice and truthfulness (Mayer, et al.,2014). Justice is the basis of the law, and as such, the law constantly advocates for justice and seeks to promote it. While it is not illegal to tell lies, the law sometimes requires that one tells the truth. For instance, when someone is a witness to a crime, truthfulness is critical to promote justice. Justice is also vital to the law. One value that may conflict with the existing law is high-mindedness. The law encourages that all people receive equal treatment. For instance, dismissing specific individuals in an organization may give rise to discrimination that is illegal and against the Fair Labor Standards Act. Week three discussionTo effectively prepare for the case, The complaints must be throughly read through. The complaint is the document that the judge will have. It will influence the direction that the persecution will take. Understanding the items in the document will give an idea of what is being held against the organization and can be essential in forming the basis of my defense. Getting the background information may be vital in determining whether the case can be solved by negotiation. Negotiation can either be done between the parties or through some intermediaries such as advocates. Solving issues by negotiation can allow the parties to save time and money and come to a solution that favors all the parties. Getting the background information will also inform us about the evidence we have and how it can be used to support our claim. The information will allow us to understand our witnesses and the number of documents we may need to win the case. It will also allow us to prepare psychologically and fetch all associated records. Understanding the organization’s relationship with the plaintiff can enable us to understand where the issue arose from and what can be done to prevent similar issues from happening in the future. Week four discussionIn Colorado, the law in the constitution allows persons above 21years old to consume or be in passion of a limited quantity of marijuana. The government facilitates the licensing of marijuana cultivation, manufacturing, and processing facilities, testing farcicalities, and distribution and retailing. However, there are regulations and rules for using marijuana. In section 16. Article 5(e) of the constitution a licensed marijuana operator should establish a marijuana operation within the locality’s boundaries, and only licensed individuals are allowed to carry out these operations. Therefore, Oklahoma and Nebraska Attorney General may not succeed in prohibiting the use of marijuana in Colorado because the state of Colorado will argue that it has put strict regulation of the marijuana operation to be done only within the locality.The argument from Florida’s Attorney General will be treated as null and void because it does not have bases. After understanding the Colorado law as it is clearly stated in the constitution, section 16 article 1(a), the purpose of legalizing cannabis is to give people freedom just like they have freedom in taking alcohol. Therefore, the law is not about the state attracting tourists, but it is based on personal choices. The tourists, just like in any other states they come to Colorado without being coursed but out of their own will.In section 16, Article 5 (a) on regulation number (vIII), the constitution prohibits the advertisement and displaying of marijuana. This is a prohibition to persuading people to purchase marijuana. Therefore, the claim about marijuana being advertised is already addressed in the constitution as illegal, and in case there is an operator or individual doing an advertisement, it is illegal. The state passed the marijuana law not to coax people to use it but to give them the freedom to make a personal choice and that is why on the package there is a list of risks that come along with marijuana use. The state has the right to take the step of punishing such an individual. Week five discussion A law can be defined as a rule that is put to govern and regulate everyone equally. Laws are put to apply to everyone in a state. On the other side, Regulations enforce a law to hold organizations under a certain agency. The agency has to be a governmental agency, and it does not require to follow the billing process. One of the regulations that the Ford Motor company assembly plant was expected to follow is environmental regulations. Compliance with these emission laws meant an increase in the cost of production. Ford Motor Company sells its vehicles worldwide, which means that it designs cars that do not need to be adjusted to fit different states’ emission laws which is expensive (Boston academic publishing 2013). The other regulation is the corporate average fuel economy regulation. Ford had to make cars that were safe and fuel-efficient as well. It means that they had to use new technologies to develop effective car models, which is an additional expense. The only reason why noncompliance would be reasonable is if the regulation does not apply to the type of business you are in. There are acts and rules for different business sets, but not all of them are applicable. Therefore, intentional omission of that regulation would be reasonable. Boston academic publishing (2013). Business law and the legal environment version. Inc., d.b.a. FlatWorld. All rights reserved.