Element of constructivist theory of justice - MyAssignmenthelp.com

Question: Discuss about the Element of the constructivist theory of justice. Answer: The given media report is about the unethical practices prevailing in the insurance arm of the Commonwealth Banks of Australia (CBA). The issues that are faced due to the unethical practices of the bank are:- Forged and deleted documents. Sacked whistle-blowers. Human misery. Small print gotchas. Defensive management. Profit maximization by any necessary means. Lack of effective and efficient corporate regulator. The word ethics means the principles that govern the behaviour of an individual, group or organization in conducting any activity. Every activity is guided by various moral principles like do good and avoid evil, do unto others as you would have them unto you, the end does not justify the means and follow what nature intends (Sturgeon Sayre-McCord, 2012). When a person or organisation is involved in activities based on these basic moral principles, it is said to be an ethical practice. When activities of a person or organization lack these moral principles, like the abovementioned practices of the CBA, it is said to be an unethical practice (Ioannou Serafeim, 2012). Hence, the issues discussed in the media rort are ethical issues as they have due to lack of ethics in the CBA practises. In understanding ethics there are two approaches. They are the descriptive approach and normative approach. Descriptive approach basically means the study of how people behave and how they think they should behave. It is way of looking at the people the way they are, rather than what they should be (Giorgi, 2012). On the other hand, normative approach refers to the study of how people are ought to behave. It is an argumentative approach that aims at sorting out the best behaviour (Noddings, 2013). To understand ethics by using these two approaches, it requires determining of certain questions in each approach:- Descriptive approach There are the reasons behind the unethical practices that cause trouble. There are companies, which have a code of ethics. Normative approach The employees should report about the unethical practices in his or her workplace. It depends on certain conditions whether business pay the accountants to reduce taxes The given report on CBA reflects both these approaches for understanding ethics. As for understanding the ethics in this case, various questions on the reasons for unethical practices in CBA, code of ethics in CBA, prevailing policies CBA, etc, the descriptive approach is required. For determination and questions on the way employees should react and the directors should act, the normative approach is required for proper understanding of ethics (Burgess Plunkett, 2013). Being a director of the Board of the CBA, I would prefer putting an end to the unethical practices by adopting the utilitarian approach. Utilitarianism states that the action that maximizes utility is the best action. It is a version of consequentialism that states that the consequences of any action can only decide what is wrong and what is right. The utilitarian approach takes into consideration, the net benefits and costs to the stakeholders and all others likely to be affected (Svara, 2014). In the case of the unethical practices of the CBA, insurance arm, I would use the utilitarian approach to first set a code of ethics for the CBA. Secondly, for the benefit of the investors, would make new policies that would provide them security and fair returns of their capital. For the benefit of the employees I would conduct surveys and use new job satisfaction strategies so that the employees are satisfied with the job conditions and do not indulge in unethical practices. Thirdly, I woul d appoint an able, efficient and proper corporate regulator, who can regulate the CBA functions and prevent unethical practices and will try to maintain good relations with the political parties, which are also stakeholders of the bank. I would use the utilitarian approach and make policies and takes all such actions that will benefit all my stakeholders. As a shareholder of the CBA and where there is a dilemma whether the organizational culture of CBA is rotten and if so, whether there is any prospect of such culture to change, my continuation of being a shareholder will depend on the aspects of moral principles in the organisational context, prevailing in the CBA (Mc Kee Eraut, 2012). I would first see the organisational norm that is prevailing in the CBA that is whether the employees work by taking into consideration the individual moral values of the shareholders or they just work with a motive to meet their work objectives without giving importance to individual morality. Secondly, my continuation as a shareholder would depend on the fact whether the CBA, having a large structure, lacks individual moral responsibility or not. Being an advisor of CBA for the insurance policies, I would defend these policies in the following ways At Stage 2 of Kohlbergs Levels of Cognitive Moral Development I would defend the CBA insurance policies in this stage by stating that people recognize the needs of others and they may try to meet them only when their needs are also fulfilled. They usually decide the wrong and right based on the consequences to themselves (Gibbs, 2013). At this stage, I, being an advisor of the CBA would sell the insurance policies keeping in mind the benefits I am getting from it. Stage 4 of Kohlbergs Levels of Cognitive Moral Development Being in this stage I would defend the insurances polices by stating that everyone recognizes certain guidelines for right and wrong, which is required for the smooth running of the society. But people think that these rules are inflexible, whereas with time the society changes and these rules should also be changed (Vine, 2012). Therefore, I will only act according to the law and order of the society, unless there is conflict with the social duties. When there is conflict with the social duties, I will not act in accordance with the law and order set by the society. A scholarship for low income and social disadvantage According to the Rawls theory of justice, a scholarship for low income and social disadvantage is a justification. According to Rawl`s theory, justice is the first virtue of social institution and he aims to solve the problem of distributive justice by using various devices of social contract (Forst, 2012). This theory is also known as Justice as fairness, from which Rawls derives the two principles of justice. According this theory of justice, liberty must be given to all members of the society and liberty of one member shall not collide with the liberty of another. Secondly, this theory states that inequalities, either economic or social, shall only be allowed if the worst of it will result in better than that of equal distribution. Furthermore, this theory also states that if there is such a beneficial inequality, it should not make it hard for the ones without resources to occupy positions of power. It can be said that Rawls in his theory of justice makes it clear that whether th ere is economic or social equality or inequality, it shall not create difficulties for those having limited resources and justice must be provided to them (Corlett, 2016). Hence, a scholarship for low income and social disadvantage is a just action according to Rawls theory of distributive justice, as it is a just action that provides justice to those having limited resources. Bibliography Burgess, A., Plunkett, D. (2013). Conceptual ethics I.Philosophy Compass,8(12), 1091-1101. Corlett, J. A. (Ed.). (2016).Equality and liberty: analyzing Rawls and Nozick. Springer. Forst, R. (2012).The right to justification: Elements of a constructivist theory of justice. Columbia University Press. Gibbs, J. C. (2013).Moral development and reality: Beyond the theories of Kohlberg, Hoffman, and Haidt. Oxford University Press. Giorgi, A. (2012). The descriptive phenomenological psychological method.Journal of Phenomenological psychology,43(1), 3-12. Ioannou, I., Serafeim, G. (2012). What drives corporate social performance? The role of nation-level institutions.Journal of International Business Studies,43(9), 834-864. Mc Kee, A., Eraut, M. (2012). Introduction. InLearning trajectories, innovation and identity for professional development(pp. 1-19). Springer Netherlands. Noddings, N. (2013).Caring: A relational approach to ethics and moral education. Univ of California Press. Sturgeon, N., Sayre-McCord, G. (2012). Moral explanations.G. Sher, Ethics: Essential Readings in Moral Theory, 164-181. Svara, J. H. (2014).The ethics primer for public administrators in government and nonprofit organizations. Jones Bartlett Publishers. Vine, I. (2012). 27. Moral Maturity in Socio-Cultural Perspective: Are Kohlbergs Stages.Lawrence Kohlberg, 431.