Human Rights and Professionalism Quiz

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Questions and Answers

What rights are highlighted as inviolable and sacred in the context of human rights?

Liberty, property, safety, and resistance against oppression.

What significance does the Universal Declaration of Human Rights (UDHR) hold in the realm of human rights?

The UDHR is a milestone document that establishes fundamental human rights to be protected globally.

According to Article 17 of the UDHR, what rights do individuals have regarding property?

Everyone has the right to own property alone or in association with others, and no one can be arbitrarily deprived of their property.

What are the essential documents required for a company to be formed under the Companies Act?

<p>A memorandum of association and the articles of association must be registered with the registrar of companies.</p> Signup and view all the answers

What are the basic requirements for forming a company as stated in the provided content?

<p>A company must have at least 2 shareholders, formed of share capital divided into shares, and must include a general meeting and board of directors.</p> Signup and view all the answers

How does Friedson differentiate professionalism from market and organisational logics?

<p>Friedson views professionalism as a distinct logic that serves to control practitioners, unlike market logic which focuses on economic factors and organisational logic which emphasizes managerial control.</p> Signup and view all the answers

What are the ideal types of professionalism according to Friedson?

<p>Friedson's ideal types of professionalism include professional knowledge and skill, division of labour, ideologies, states and associations, and bodies of knowledge.</p> Signup and view all the answers

Define occupational professionalism and how it contrasts with organisational professionalism.

<p>Occupational professionalism refers to what a specific profession embodies, while organisational professionalism pertains to the expectations an organization has for that profession.</p> Signup and view all the answers

What role does ideology play in professionalism according to the provided content?

<p>Ideology serves as a system of ideas that aims to explain and change the world, affecting the social philosophy around professionalism.</p> Signup and view all the answers

Why does Hamilton suggest that ideology eludes definition?

<p>Hamilton argues that the numerous elements within ideology make it complex and difficult to define in a singular way.</p> Signup and view all the answers

What distinguishes a criminal wrong from a civil wrong?

<p>A criminal wrong is a public offense against the State, while a civil wrong is a private offense committed against an individual.</p> Signup and view all the answers

Define 'actus reus' and 'mens rea' in the context of criminal law.

<p>'Actus reus' refers to the physical act of committing a crime, while 'mens rea' refers to the mental intention or guilty mind behind that act.</p> Signup and view all the answers

How does the prosecution process differ between criminal and civil cases?

<p>In criminal cases, the State prosecutes ex officio, while in civil cases, the private party initiates the action.</p> Signup and view all the answers

What is the standard of proof required in criminal cases?

<p>The standard of proof in criminal cases is 'beyond reasonable doubt'.</p> Signup and view all the answers

What types of punishments can result from crimes and contraventions according to the Criminal Code?

<p>Crimes can result in fines and imprisonment, while contraventions mainly result in fines and rarely detention.</p> Signup and view all the answers

How does ideological reasoning contribute to corruption according to the given content?

<p>Ideological reasoning suggests that corruption is divinely determined, leading individuals to perceive it as part of a preordained moral order.</p> Signup and view all the answers

What role does scarcity play in economic corruption?

<p>Scarcity creates shortages that drive individuals to act out of desperation, often leading to corrupt behaviors.</p> Signup and view all the answers

In what way can political power lead to corruption, as described in the content?

<p>Political corruption occurs when officials have unchecked power to make decisions without regulatory constraints.</p> Signup and view all the answers

What was the public reaction to Jesse Washington's lynching as noted in the New York Times editorial?

<p>The reaction highlighted the brutality of lynching, likening it to barbarism in a civilized society.</p> Signup and view all the answers

According to the US Declaration of Independence, what is stated about human equality?

<p>It asserts that 'all men are created equal,' emphasizing inherent human rights.</p> Signup and view all the answers

What key rights are outlined in the Declaration of the Rights of Man and of the Citizen?

<p>The document emphasizes liberty, property, security, and resistance to oppression as fundamental rights.</p> Signup and view all the answers

How do sociocultural factors contribute to corruption among public officials?

<p>Sociocultural factors such as peer pressure and internal socialization encourage public officials to conform to corrupt practices.</p> Signup and view all the answers

What technological issues can exacerbate corruption, as per the provided content?

<p>Faulty technology and administrative systems can create loopholes that facilitate corrupt practices.</p> Signup and view all the answers

What is required for a bill to be presented during the first reading?

<p>A motion must be presented in the form of a title or a bill, and the member must seek authorization to publish the bill.</p> Signup and view all the answers

What happens during the second reading of a bill?

<p>The member piloting the bill explains its purpose and policy, followed by a debate limited to the principles involved, and a vote is taken.</p> Signup and view all the answers

In which stage is a bill examined in detail, clause by clause?

<p>The Committee Stage is where the bill is examined in detail, clause by clause.</p> Signup and view all the answers

What is the purpose of the report stage in the voting process?

<p>The report stage informs the House about the progress of any amendments discussed in the committee stage.</p> Signup and view all the answers

What occurs after the third reading of a bill?

<p>The bill is reviewed in its final form, a vote is taken, and then it is referred to the President for assent before publication.</p> Signup and view all the answers

What is the difference between ordinary laws and constitutional laws in terms of voting requirements?

<p>Ordinary laws require a simple majority, while constitutional laws require an absolute majority or a qualified majority for enactment.</p> Signup and view all the answers

Define primary legislation and secondary legislation.

<p>Primary legislation refers to acts passed by parliament, while secondary legislation makes changes to existing laws.</p> Signup and view all the answers

How is a simple majority achieved in the context of voting for ordinary laws?

<p>A simple majority is achieved by securing 50% of those present and voting plus one additional vote.</p> Signup and view all the answers

What are two key purposes of a constitution?

<p>To regulate domestic affairs and to establish relations abroad.</p> Signup and view all the answers

How does a constitution establish citizenship?

<p>It defines who qualifies for citizenship and outlines fundamental rights and freedoms.</p> Signup and view all the answers

What principle does the supremacy of the constitution uphold?

<p>It asserts that the constitution is the supreme law of the land, overriding any inconsistent laws.</p> Signup and view all the answers

What does the Delhi Declaration on the rule of law emphasize regarding government accountability?

<p>It emphasizes that errors and abuses of power will bring consequences to public officials.</p> Signup and view all the answers

What role does the constitution play in setting up state institutions?

<p>It sets up institutions such as Parliament, Government, and the Judiciary.</p> Signup and view all the answers

What is one of the minimum standards for legislation mentioned in the Delhi Declaration?

<p>Drafting, content, reasonableness, or enforceability.</p> Signup and view all the answers

What is the purpose of delegated legislation according to the Delhi Declaration?

<p>It is subject to judicial review on a case-by-case basis.</p> Signup and view all the answers

How does a constitution regulate relations between individual citizens and the state?

<p>By outlining the rights and responsibilities of citizens and the state.</p> Signup and view all the answers

Flashcards

Economic Explanation of Corruption

The idea that corruption is caused by a lack of resources, leading people to act in unethical ways to meet their needs.

External Theory of Corruption

This explanation suggests that corruption spreads like a disease, crossing borders and influencing behavior.

Sociocultural Explanation of Corruption

This theory argues that social norms and peer pressure can lead people to conform to corrupt practices, even if they personally disagree.

Political Explanation of Corruption

This perspective states that corruption is a consequence of unchecked power, where individuals can abuse their authority without accountability.

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Technological Explanation of Corruption

This perspective suggests that corruption is a result of flawed systems and processes, including technology and administration.

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US Declaration of Independence

This document declared the independence of the thirteen North American British colonies from Great Britain. It emphasizes the inherent right of all humans to equality.

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Declaration of the Rights of Man and of the Citizen

A French document from the French Revolution that emphasizes human rights, including liberty, property, security, and resistance to oppression.

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Universal Declaration of Human Rights

A landmark human rights document drafted by representatives from diverse backgrounds, outlining fundamental human rights, translated into over 500 languages and focusing on matters of property and employment beyond general rights like life and liberty.

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Article 17 of the UDHR

This key article in the UDHR asserts that ownership of property is a right, both individually and collectively, and that no one can be arbitrarily deprived of their property.

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Article 1 of the UDHR

This article establishes that all individuals are born free and possess equal dignity and rights, laying a foundational principle for all further articles within the UDHR.

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Article 3 of the UDHR

This article asserts everyone's right to life, liberty, and security of the person, highlighting essential aspects of individual wellbeing and safety.

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The Companies Act (Malta)

This act governs the formation, registration, governance, and dissolution of companies, outlining the legal framework for these entities in Malta.

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What is meant by a "profession"?

A set of interconnected institutions that support and organize work, allowing professions to maintain control.

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Occupational Professionalism

Understanding a profession's core beliefs and practices, influencing how professionals behave.

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Organisational Professionalism

The expectations set by an organization for its professionals, emphasizing control and efficiency.

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What is ideology?

A system of ideas that aims to explain the world and also influence change.

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How do professionals maintain control of their practice?

Professionals exert control over their practice by building and maintaining a body of knowledge, including specialized skills and expertise.

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First Reading

The initial stage of a bill's journey in parliament, where it's presented and potentially authorized for publication.

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Second Reading

The second phase of a legislative process where a bill is debated on its principle and purpose, followed by a vote.

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Committee Stage

A detailed examination of a bill, clause by clause, where amendments can be proposed and voted on.

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Third Reading

The stage where a bill is reviewed in its final form, including any amendments, before a final vote.

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Ordinary Law

A type of law that requires a simple majority of those present and voting for its enactment.

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Constitutional Laws

A law that forms part of the constitution and requires a special majority to be enacted.

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Absolute Majority

A type of vote in which 50% + 1 of the entire House of Representatives must be present to vote.

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Qualified Majority

A vote requiring a larger majority, typically 2/3 of all members of the House, possibly with a public referendum.

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What is a constitution?

A set of fundamental rules that govern a state, outlining its structure, powers, and principles. It serves as a blueprint for the operation of the government and defines the relationship between the state and its citizens.

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How does a constitution establish the state?

The constitution establishes the framework for the state's identity, including symbols, principles, and policy directions.

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How does a constitution define citizenship?

Determines who is considered a citizen of the state, outlining the criteria for obtaining citizenship.

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How does a constitution guarantee fundamental rights?

Protects fundamental rights and freedoms of citizens, ensuring their basic liberties are safeguarded against state interference.

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Civil Wrong

A wrong committed against an individual or group, causing them harm or loss. It involves a private claim for compensation or resolution of a dispute. The injured party initiates legal action to seek remedy.

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Criminal Wrong

A violation of a law enacted by the state, considered a public wrong. It involves punishment for the offender, with the state acting as prosecutor.

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How does a constitution structure state institutions?

Establishes the different branches of government, such as the legislature, executive, and judiciary, outlining their powers and responsibilities.

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Actus Reus

The guilty act of a crime, the physical action or omission that violates the law.

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What does the separation of powers principle ensure?

Ensures that no single branch of government holds absolute power, promoting checks and balances to prevent tyranny.

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What is the supremacy of the constitution?

The constitution is the highest law of the land, and all other laws must comply with its provisions.

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Mens Rea

This refers to the guilty mind of the criminal, the intention or knowledge behind the action.

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Standard of Proof - Beyond Reasonable Doubt

This refers to the level of proof needed in a criminal case. It's a high standard, requiring evidence beyond any reasonable doubt to convict.

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What does the Delhi Declaration promote?

The Delhi Declaration on the rule of law emphasizes the importance of a representative legislature, responsible government, and accountability for officials.

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Study Notes

EMA1311 Introduction to Law and Ethics Notes

  • This course introduces law and ethics, exploring their roles in society, implications for individuals and organizations, and the factors influencing them.
  • ASCS does not claim ownership of past papers, nor guarantee their accuracy or currency. They are provided as a supplementary study resource, not a replacement for lectures or official course materials.
  • Sharing these materials with third parties is prohibited.

The Role of Law

  • Governance roles:
    • Order for individuals and organizations (e.g., "no killing, stealing")
    • Order for those in power (laws regulating governance structures like judicial, legislative and executive)
    • Order for resolving disputes (e.g., promoting peaceful conflict resolution, human rights, and accountability).
  • The law:
    • A code of conduct binding to those within a specific jurisdiction (written or unwritten).
    • Can include prohibitions (e.g., "do not kill") and prescriptions (e.g., "pay taxes").
  • Purpose of law: To maintain order, ensure predictability, ensure security, and protect the rights and freedoms of citizens.
  • Rule of law:
    • Laws apply equally to everyone.
    • Democratic processes used for creating laws (transparancy).
    • No one is above the law.
    • Adherence to natural justice (fair and unbiased hearings). -The 3 distinct yet interrelated meanings of the Rule of Law:
    • No person is punished without explicit breach of law
    • No person is above the law
    • General legal principles are enforced by judges and enshrined in constitutions

Constitutions

  • Set of rules and principles governing an organization or political entity.
  • Framework for governments to derive power
  • Can be supranational (EU), national (Malta), or provincial/state (US).
  • Highest legal authority within a country.
  • System of checks and balances to prevent the concentration of power.
  • Prevents abuse of power

The Classification of Laws

  • Sources of Maltese law: constitution, primary laws, subsidiary laws, EU law, customs law, jurisprudence.
  • Public law: relations between the state and the public (ex: constitutional, administrative, and criminal).
  • Private law: relations between individuals/organizations (ex: civil and commercial).

Criminal vs. Civil Wrongs

  • Criminal: Violation of state-enacted laws leading to penalties (fines, incarceration).
  • Civil wrongs: Compensation for damages arising out of disputes (not about punishment).

Introduction to Ethics and Types

  • Ethics is the difference between doing what one has the right to do, versus what is right.
  • Morality vs. Ethics - Ethics are external rules or values, and morality is personal.
  • Types of Ethics:
    • Individual: Personal code of conduct
    • Professional: Code of conduct specific to a profession
    • Organizational: Organizational code of conduct

Standards in Public Life

  • Ethical implementation by public officials: public good above private interest.
  • The public's trust and confidence in public officials and organizations: vital for a democratic society.

Professional Integrity

  • Meaning of professionalism is constantly changing
  • Different occupational logics
  • Professional knowledge, division of labour, ideology, and bodies of knowledge
  • Professionalism as a means of regulation and control
  • Integrity is viewed in three ways: teleological, generic, and interpretive views

Social Science & Ethics

  • Social science studies human society and social relations
  • Methods like quantitative and qualitative are applied to understand ethics -Ethics and human behaviour

The Enactment of Laws

  • The legislative process in Malta (First Reading, Second Reading, Committee Stage, Report Stage, Third Reading, and Assent.)

Ethics, Diversity & Pluralism

  • Culture as shared meanings and practices among people.
  • Different approaches to handling culturally diverse groups

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