Breach Of Trust Related Quotes

Political philosophers of the Enlightenment, from Hobbes and Locke, reaching down to John Rawls and his followers today, have found the roots of political order and the motive of political obligation in a social contract – an agreement, overt or implied, to be bound by principles to which all reasonable citizens can assent. Although the social contract exists in many forms, its ruling principle was announced by Hobbes with the assertion that there can be ‘no obligation on any man which ariseth not from some act of his own’.1 My obligations are my own creation, binding because freely chosen. When you and I exchange promises, the resulting contract is freely undertaken, and any breach does violence not merely to the other but also to the self, since it is a repudiation of a well-grounded rational choice. If we could construe our obligation to the state on the model of a contract, therefore, we would have justified it in terms that all rational beings must accept. Contracts are the paradigms of self-chosen obligations – obligations that are not imposed, commanded or coerced but freely undertaken. When law is founded in a social contract, therefore, obedience to the law is simply the other side of free choice. Freedom and obedience are one and the same. Such a contract is addressed to the abstract and universal Homo oeconomicus who comes into the world without attachments, without, as Rawls puts it, a ‘conception of the good’, and with nothing save his rational self-interest to guide him. But human societies are by their nature exclusive, establishing privileges and benefits that are offered only to the insider, and which cannot be freely bestowed on all-comers without sacrificing the trust on which social harmony depends. The social contract begins from a thought-experiment, in which a group of people gather together to decide on their common future. But if they are in a position to decide on their common future, it is because they already have one: because they recognize their mutual togetherness and reciprocal dependence, which makes it incumbent upon them to settle how they might be governed under a common jurisdiction in a common territory. In short, the social contract requires a relation of membership. Theorists of the social contract write as though it presupposes only the first-person singular of free rational choice. In fact, it presupposes a first-person plural, in which the burdens of belonging have already been assumed.

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Misconduct, or non-conforming behaviour, as it is sometimes called, can be tackled in many ways such as counseling, warning, etc. In extreme cases such as, criminal breach of trust, theft, fraud, etc. the employer is also at liberty to initiate action against the employee, if the misconduct of the latter falls within the purview of the penal provisions of the law of the land. However such proceedings generally conducted by the State agencies, are time consuming and call for a high degree of proof. In addition to the above option, the employer also has an option to deal with the erring employee within the terms of employment. In such an eventuality, the employee may be awarded any penalty which may vary from the communication of displeasure, to the severance of the employer-employee relationship i.e. dismissal from service. Disciplinary authorities play a vital role in this context. Efficiency of the disciplinary authorities is an essential pre-requisite for the effective functioning of the reward and punishment function, more specifically the latter half of it.3. There was a time when the employer was virtually free to hire and fire the employees. Over a period of time, this common law notion has gone. Today an employer can inflict punishment on an employee only after following some statutory provisions depending upon the nature of the organisation.Briefly, the various statutory provisions which govern the actions of different types of organisation are as under: (a) Government: Part XIV of the Constitution relates to the terms of employment in respect of persons appointed in connection with the affairs of the State. Any action against the employees of the Union Government and the State Governments should conform to these Constitutional provisions, which confer certain protections on the 1

Associating with Benjamin was fraught with considerable difficulties, though on the surface these seemed insignificant in view of his consummate courtesy and willingness to listen. He always was surrounded by a wall of reserve, which could be recognized intuitively and was evident to another person even without Benjamin’s not infrequent efforts to make that area noticeable. These efforts consisted above all in a secretiveness bordering on eccentricity, a mystery-mongering that generally prevailed in everything relating to him personally, though it sometimes was breached unexpectedly by personal and confidential revelations. There were primarily three difficult requirements. The first was respect for his solitude; this was easy to observe, for it was dictated by a natural sense of limits. I soon realized that he appreciated this respect, a sine qua non for associating with him, and that it heightened his trust. The observance of the second requirement was particularly easy for me: his utter aversion to discussing the political events of the day and occurrences of the war. Some reviewers of the Briefe expressed astonishment at the fact that the published letters contain no reference to the events of the First World War (which, after all, so decisively influenced our generation) and blamed the editors (I was the one responsible for this period) for an incomprehensible omission or, worse, censorship. The fact of the matter is that in those years anyone who wished to have a closer association with Benjamin either had to share this attitude (as I did) or respect it. ...The third requirement, that of overlooking his secretiveness, often demanded a real effort, because there was something surprising, even ludicrous, about such secretiveness in someone as sober, as melancholy as Benjamin. He did not like to give the names of friends and acquaintances if he could avoid it. When circumstances of his life were mentioned, there frequently was attached an urgent request for absolute secrecy; more often than not this made very little sense. Gradually, but even then only partially, this secretiveness (which by that time others had noticed as well) began to dissipate, and Benjamin began to speak of people without the accompanying stamp of anonymity, at least when he had initiated the discussion. It was in keeping with this aversion that he tried to keep his acquaintances separate; for a time this was more effective with me, who came from another environment—Zionist youth—than it was with those from the same sphere as he, namely members of the German-Jewish intelligentsia. Only occasionally did it turn out that we had mutual acquaintances, such as the poet Ludwig Strauss or the philosopher David Baumgardt. Other friends and acquaintances of his I did not meet until years later, from 1918 on, some of them only after 1945. In short, then, to associate with Benjamin took a great deal of patience and consideration—qualities that were by no means natural to my temperament and that, to my own surprise, I was able to muster only in my association with him.

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