A Review of the Doctrine of Agency by Necessity

“(1) There is a present and imminent emergency arising without fault on the part of the actor concerned;”

If we think about autonomy and agency in the same term that Crawford does, it seems that he is right when he says that there is a paradox there. It seems that in some ways autonomy and agency contradict each other, or cancel each other out at times, and this is something that should make us all stop and think about it. Crawford then goes on to talk about choice, freedom, and autonomy and how these ideas feel as if they are being forced upon us rather than being a choice. Also, Crawford talks about self-realization in this section and how it has become to having us buy new items rather than keeping old ones and fixing them. Does all of these things mean that the world is attempting to train us to just accept things the way they are? That is the real question.

The structure and agency debate is a common one in the field of sociology and different theorists come up with different ways of accounting for the actions of social actors. This essay takes the position that structuration solves the problem of this much contested debate. Initially key concepts and elements of structuration will be pointed out .These elements include structure, agency, social systems and power amongst many others. Subsequently, there will be engagement of a discussion of different schools of thought and finally it will be demonstrated how structuration prevails over the structure-agency debate.

This essay will explain the concepts of separate personality and limited liability and their significance in company law. The principle of separate personality is defined in the Companies Act 2006(CA) ; “subscribers to the memorandum, together with such other persons as may from time to time become members of the company are a body corporate by the name contained in memorandum.” This essentially means that a company is a separate legal personality to its members and therefore can itself be sued and enter into contracts. This theory was birthed into company law through the case of Salomon v Salomon and Co LTD 1872. This case involved a company entering liquidation and the unsecured creditors not being able to claim assets to compensate them. The issue in this case was whether Mr Salomon owed the money or the company did. In the end, the House of Lords held that the company was not an agent of Mr Salomon and so the debts were that of the company thus creating the “corporate Veil” .

And we feel that, because of the impact on the woman, this … is a matter which is of such fundamental and basic concern to the woman involved that she should be allowed to make the choice as to whether to continue or to terminate her pregnancy” (Weddington). This quote was taken from the legal trials of Roe VS. Wade from the attorney Mrs.Weddington. This quote is saying women have the right to choose what happens to their bodies. They have self autonomy. Self autonomy is defined as the right or condition of self-government. This means that if someone has self autonomy, they themselves are the governing force to what happens to them physically and mentally. It is the belief that only you are in control of yourself. Self autonomy is a largely shared belief in American culture. The right to body autonomy is protected under the United States constitution. If a patient is dying of an illness and would be able to live if they received a treatment, the patient still has the right to refuse that treatment. If a person is raped, the law holds it as invasion as body autonomy and the offender will be prosecuted criminally. Even the dead have body autonomy. A body, though being full of organs that can be used to save lives, will not be touched unless the person had granted consent before they passed.

Military mental health providers hold dual roles as clinicians and commissioned officers. While they are bound by the ethical code and professional guidelines of their profession, they are also held to the standard of Department of Defense (DoD) statutes and regulations. They are expected to provide competent clinical care but also enforce military boundaries and discipline (McCauley, Hacker Hughes, & Liebling-Kalifani, 2008). Likewise, there may be duality in the provider’s obligation, both to the patient/service member and to their higher command. These conflicting relationships and obligations are referred to as mixed agency (Kennedy & Johnson, 2009; Kennedy & Moore, 2008). Ultimately, the provider’s responsibility to the unit’s mission may not always align with the best interests of the patient (McCauley et al., 2008).

The laws of nature as well as past and present states of the world motivate our actions, whether or not we are able to recognize the complex causes for the decisions we make. Every choice is the result of factors outside of our control. “Free will” can only exist if a person truly has the choice between multiple possible options; however, as hard determinists claim, every choice is fixed to only one possible outcome based on any number of existing outside factors. While libertarians believe in the concept of free will and choices based entirely on personal deliberation, compatibilists assert that the state of the world does potentially offer multiple outcomes, and so free will is possible alongside determinism. Peter van Inwagen, in his article, “The Powers of Rational Being: Freedom of the Will” states that the belief in free will is necessary for survival to avoid chronic indecisiveness, although he confuses the absence of free will for the absence of action, and simply makes an unconvincing case for duping oneself into believing in free will. While believing in the concept of free will necessarily ignores the influence of unchanging outside motivators, hard determinism provides a logical position on how certain results come to be without contradicting our ability to choose.

In addition to their role as contract administrator the employer’s agent may furthermore have duties to undertake on the clients behalf preceding the contract being awarded. The employers agent is obliged to accept instructions from the employer, conversely in reality the employer’s agent will find many conflicts on interests between the employer and the contractor. Sutcliffe v Thakrah is the leading case on the Employers agents

society to think there is no cost of free will but in fact free will is never free. The idea

In this law case, there are different issues that have come from this case that I have analyzed. This case deals with agency law. Agency law is, which is the establishment of the agency relationship, authority of agents, and the duties agents must uphold. Agency law can be very tricky because verbal and written contracts can sometimes be upheld in court or not.

The concept of autonomy is incompatible with consensual ethic (e.g., the 2014 ACA Code of Ethics) because it implies that people are capable of making decisions without the significant influence of others (Cottone, 2014, p. 245). The author presents the argument that autonomy is an ethical paradox because of its limitations of actually exercising freedom of choice. Autonomy as a principle challenges counselors to met the obligation of developing a therapeutic relationship with the client. The difficulty is due to the necessary constraints autonomy as principal places on the way a counselor can work with a client. Subsequently, developing a counselor-client relationship in essential for the therapeutic process. Therefore, the author proposes using accordance as an ethical principle instead.

Describe how the concept of agency affected the parties’ legal positions in the case study. Did the agents help or harm their clients? Why?

In the late eighteenth century, with the publication of his theories on morality, Immanuel Kant revolutionized philosophy in a way that greatly impacted the decades of thinkers after him. The result of his influence led to perceptions and interpretations of his ideas reflected in the works of writers all around the world. Kant’s idealism stems from a claim that moral law, a set of innate rules within each individual, gives people the ability to reason, and it is through this that people attain truth. These innate rules exist in the form of maxims: statements that hold a general truth. Using this, Kant concluded with the idea of autonomy, in which all rational human wills are autonomous, each

Actual authority is the authority given by the principal to the agent and could be in written or oral form. The capacity of an agent to act is the same as the capacity of his/her principal. The express actual authority of an agent means that an agent has been told orally or in written form by the principal to act on his behalf. Hence, the agent’s authority may be

There are four commonly accepted principles of bioethics. The first is the principle of respect for autonomy. Respect for autonomy is a respect for the client to make informed and intentional decisions, provided that the client is judged to be capable of doing so. This principle is the base for the practice of informed consent as well as the right to accept or refuse treatment. The client is to be able to make a rational, informed decision, without any external factors influencing any decisions. This principle may cause what the health care professional perceives to be harm, but to the client, like a muslim client refusing to have a xenotransplantation from a pig, accepting the treatment would cause him to suffer