Analytical Process for the Resolution of Moral Problems
Morals are defined as something which is good in character or conduct; virtuous according to civilized standards of right and wrong. Morals are, therefore, values that we attribute to a system of beliefs that help the individual define right versus wrong, good versus bad (Michael; 1995). Moral concepts and judgments vary from one organization and entity to another. This is because the authority that sets the moral standards to be met in the entity might not be the same. It is therefore up to a specific organization to take measures that are deemed fit to combat moral problems facing the organization (Michael; 1995). Among the measures taken are those of legal requirements and recommendations. This paper seeks to outline and explain some of the legal requirements when dealing with moral problems in an organization.
What, then, are the legal requirements of the moral problems?
The measures taken in this case will basically be litigation mechanisms that will ensure that the moral standards are met and will provide a solution in dealing with possible breach of these moral standards. Among these requirements is legislation, in this case subsidiary legislation (Kaplan; 2005). This is basically the making of laws that will govern the organization. This puts everyone in the know on what to and what not to do as long as they are employees of the organization. Anyone who does not abide to the set rules will have to face the consequences.
Another legal requirement in the event of a moral problem is the establishment of the office of the Ombudsman. The ombudsman is an employee of the organization. His task, generally, is to be a neutral or impartial dispute resolution practitioner whose major function is to provide confidential and informal assistance to managers and employees and/or clients of the employer. His impartial nature allows the employees to report cases of immoral behavior to higher authorities whether committed by the management team or by the regular staff.
The establishment of disciplinary committees is another legal requirement of moral problems faced in an organization (Kaplan; 2005). This requirement is a subset of the first requirement which was subsidiary legislation. In the event that a member of the organization will go against the set moral standards, he will have to face the consequences. The disciplinary committee is the one that will decide on the necessary action to be taken on the violator of the set laws.
If the matter does not warrant the involvement of the disciplinary committee, the organization can seek alternative dispute resolution mechanisms. In the cases of organizations and morality, the most sought dispute resolution mechanisms are negotiations, mediation and arbitration. Negotiations and mediation normally involve two parties, the aggrieved and the violator. In both cases a neutral person, such as the ombudsman, is required to give an unbiased solution to the existing moral problem. In the case of arbitration, a body is formed to investigate the matter further and provide possible solutions.
In the event that all the above listed requirements are not effective, the organization can seek judicial review methods of solving the moral problems. In this case, the court will come in and issue an order that will make the institution or the individual to act in a certain manner (Kaplan; 2005). The orders issued by the courts are either, orders to mandate or orders to prohibit a certain action from being conducted. Judicial reviews, therefore, is the process by which courts control the actions of administrative bodies and officers.
It is imperative that an organization staff measures up to the laid moral standards of that particular organization. The purpose of provision and the use of legal measures is basically to ensure that fairness and impartiality is maintained in these matters. Failure by the organization to take necessary action in dealing with the moral problems within, will lead to other grave consequences that might eventually lead to the collapse of the company.
Kaplan S. (2005). Company Law and How to Deal with Litigation Problems. Oxford. Macmillan Publishers.
Michael A. (1995). The Moral Problem. New York. Wiley-Blackwell.