HCM 4012 W1 Assignment Legal Dilemma
HCM 4012 W1 Assignment Legal Dilemma
The impulsive reaction is that such a situation should not exist because it would impose an impossible or unfair demand on an actor. Jeutner, however, responds that “conflicts cannot be presumed not to exist merely because it might seem desirable that they should not”. Necessarily, acknowledging a problem is the first step towards finding a solution. The book develops a concise and compelling argument to demonstrate the plausibility and relevance of the concept of a legal dilemma. It also gives its readers a taste of the practical use that can be drawn from adding this concept to their conceptual toolbox. The argument is structured by three questions: First, what is a legal dilemma? Second, can legal dilemmas exist in contemporary international law? And third, by whom and how should a legal dilemma be decided?
Jeutner defines a legal dilemma as an irresolvable and unavoidable conflict between legal norms, where obeying or applying one norm
necessarily entails the undue impairment of another. He makes the complex concept palatable by breaking it down into its core components and outlining each element separately. As the book’s title suggests, the central element of the concept is irresolvability. A conflict is irresolvable when it “cannot and/or should not be resolved by means of international law’s norm conflict resolution devices”. In the second part of the book, Jeutner systematically examines conflict resolution devices and identifies several configurations in which none of them work – thus demonstrating the possibility of a legal dilemma. Less central to the concept is the notion of unavoidability. For the purposes of the definition of a legal dilemma, unavoidability covers not only conflicts that “could not” but also conflicts that “simply have not” been avoided (which arguably comes down simply to conflicts that exist and are not merely hypothetical).
One main strength of the book is the way in which Jeutner uses a breadth of different empirical examples for illustration, without ever relying on them to substantiate his argument. The examples provide interesting puzzles and draw on various areas of international law, including humanitarian and maritime law. They make the book accessible and clarify the relevance of the concept for international politics. Yet the argument does not stand and fall with claims about any particular legal conflict. Instead, the examples are used in the way of thought-experiments: ornaments to the stringent line of argument that demonstrates the possibility of a legal dilemma by way of logical deduction.
Jeutner, however, does not leave it at this; he ventures further to explore the practical implications of the concept. From an International Relations perspective, the third question, by whom and how a legal dilemma should be decided, is highly relevant. In a nutshell, Jeutner proposes that determining whether a legal dilemma exists should be left to the international judiciary. However, the decision on how to act in the face of such a dilemma should be taken by political decision-makers. In our previous example, the captain has to choose which person to save; neither the law nor anybody else cannot take this decision for them. Jeutner proposes that dilemmas call “for an explicitly political debate” and outlines a range of arguments for putting this decision in the hands of sovereign actors rather than courts.
As we begin this session, I would like to take this opportunity to clarify my expectations for this course:
Please note that GCU Online weeks run from Thursday (Day 1) through Wednesday (Day 7).
Course Room Etiquette:
- It is my expectation that all learners will respect the thoughts and ideas presented in the discussions.
- All postings should be presented in a respectful, professional manner. Remember – different points of view add richness and depth to the course!
Office Hours:
- My office hours vary so feel free to shoot me an email at Kelly.[email protected] or my office phone is 602.639.6517 and I will get back to you within one business day or as soon as possible.
- Phone appointments can be scheduled as well. Send me an email and the best time to call you, along with your phone number to make an appointment.
- I welcome all inquiries and questions as we spend this term together. My preference is that everyone utilizes the Questions to Instructor forum. In the event your question is of a personal nature, please feel free to post in the Individual Questions for Instructor forum I will respond to all posts or emails within 24 or sooner.
Late Policy and Grading Policy
Discussion questions:
- I do not mark off for late DQ’s.
- I would rather you take the time to read the materials and respond to the DQ’s in a scholarly way, demonstrating your understanding of the materials.
- I will not accept any DQ submissions after day 7, 11:59 PM (AZ Time) of the week.
- Individual written assignments – due by 11:59 PM AZ Time Zone on the due dates indicated for each class deliverable.
Assignments:
- Assignments turned in after their specified due dates are subject to a late penalty of -10%, each day late, of the available credit. Please refer to the student academic handbook and GCU policy.
- Any activity or assignment submitted after the due date will be subject to GCU’s late policy
- Extenuating circumstances may justify exceptions, which are at my sole discretion. If an extenuating circumstance should arise, please contact me privately as soon as possible.
- No assignments can be accepted for grading after midnight on the final day of class.
- All assignments will be graded in accordance with the Assignment Grading Rubrics
Participation
- Participation in each week’s Discussion Board forum accounts for a large percentage of your final grade in this course.
- Please review the Course Syllabus for a comprehensive overview of course deliverables and the value associated with each.
- It is my expectation that each of you will substantially contribute to the course discussion forums and respond to the posts of at least three other learners.
- A substantive post should be at least 200 words. Responses such as “great posts” or “I agree” do not meet the active engagement expectation.
- Please feel free to draw on personal examples as you develop your responses to the Discussion Questions but you do need to demonstrate your understanding of the materials.
- I do expect outside sources as well as class materials to formulate your post.
- APA format is not necessary for DQ responses, but I do expect a proper citation for references.
- Please use peer-related journals found through the GCU library and/or class materials to formulate your answers. Do not try to “Google” DQ’s as I am looking for class materials and examples from the weekly materials.
- I will not accept responses that are from Wikipedia, Business dictionary.com, or other popular business websites. You will not receive credit for generic web searches – this does not demonstrate graduate-level research.
- Stay away from the use of personal pronouns when writing. As a graduate student, you are expected to write based on research and gathering of facts. Demonstrating your understanding of the materials is what you will be graded on. You will be marked down for lack of evidence to support your ideas.
Plagiarism
- Plagiarism is the act of claiming credit for another’s work, accomplishments, or ideas without appropriate acknowledgment of the source of the information by including in-text citations and references.
- This course requires the utilization of APA format for all course deliverables as noted in the course syllabus.
- Whether this happens deliberately or inadvertently, whenever plagiarism has occurred, you have committed a Code of Conduct violation.
- Please review your LopesWrite report prior to final submission.
- Every act of plagiarism, no matter the severity, must be reported to the GCU administration (this includes your DQ’s, posts to your peers, and your papers).
Plagiarism includes:
- Representing the ideas, expressions, or materials of another without due credit.
- Paraphrasing or condensing ideas from another person’s work without proper citation and referencing.
- Failing to document direct quotations without proper citation and referencing.
- Depending upon the amount, severity, and frequency of the plagiarism that is committed, students may receive in-class penalties that range from coaching (for a minor omission), -20% grade penalties for resubmission, or zero credit for a specific assignment. University-level penalties may also occur, including suspension or even expulsion from the University.
- If you are at all uncertain about what constitutes plagiarism, you should review the resources available in the Student Success Center. Also, please review the University’s policies about plagiarism which are covered in more detail in the GCU Catalog and the Student Handbook.
- We will be utilizing the GCU APA Style Guide 7th edition located in the Student Success Center > The Writing Center for all course deliverables.
LopesWrite
- All course assignments must be uploaded to the specific Module Assignment Drop Box, and also submitted to LopesWrite every week.
- Please ensure that your assignment is uploaded to both locations under the Assignments DropBox. Detailed instructions for using LopesWrite are located in the Student Success Center.
Assignment Submissions
- Please note that Microsoft Office is the software requirement at GCU.
- I can open Word files or any file that is saved with a .rtf (Rich Text Format) extension. I am unable to open .wps files.
- If you are using a “.wps” word processor, please save your files using the .rtf extension that is available from the drop-down box before uploading your files to the Assignment Drop Box.
Grade of Incomplete
- The final grade of Incomplete is granted at the discretion of the instructor; however, students must meet certain specific criteria before this grade accommodation is even possible to consider.
- The grade of Incomplete is reserved for times when students experience a serious extenuating circumstance or a crisis during the last week of class which prevents the completion of course requirements before the close of the grading period. Students also must pass the course at the time the request is made.
- Please contact me personally if you are having difficulties in meeting course requirements or class deadlines during our time together. In addition, if you are experiencing personal challenges or difficulties, it is best to contact the Academic Counselor so that you can discuss the options that might be available to you, as well as each option’s academic and financial repercussions.
Grade Disputes
- If you have any questions about a grade you have earned on an individual assignment or activity, please get in touch with me personally for further clarification.
- While I have made every attempt to grade you fairly, on occasion a misunderstanding may occur, so please allow me the opportunity to learn your perspective if you believe this has occurred. Together, we should be able to resolve grading issues on individual assignments.
- However, after we have discussed individual assignments’ point scores, if you still believe that the final grade you have earned at the end of the course is not commensurate with the quality of work you produced for this class, there is a formal Grade Grievance procedure which is outlined in the GCU Catalog and Student Handbook.