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Blackburn describes 'the philosophy of law' as concerning itself with questions in regard to the nature of law and the concepts that structure the practice of law. Blackburn (1996: 213). These include the definition of law and descriptions of models of the law that attempt to explain difficult and marginal cases.
Concepts that need understanding are the legal right of duty, of legal action and the place of concepts such as intention and responsibility; as well the nature of legal reasoning and adjudication.
Blackburn (1996: 213).
Blackburn primarily defines ethics as the study of concepts within practical reasoning which includes ideas concerning good, right, duty, obligation, virtue, freedom, rationality, and choice. Blackburn (1996: 126).
Not synonymous terms although the law does relate to ethics.
Approximately three years ago my disabled, deaf via hemorrhage Mother had been in the local hospital for a major surgery and quite possibly obtained sepsis poisoning, sepsis delirium, with the lengthy hospital stay.
As she arrived home, the mental effects become increasingly apparent and when there was an incident with a utility, it was not handled very well and there was a water leak.
A flood occurred which left her condominium undamaged, but damage occurred to the complex common area.
At the time I did research on my Mother's behalf, homecaring for her, and was informed by her insurance company that the condominium was 'fully insured'.
When I spoke to the Strata President, I was informed on two occasions that my Mother may be found liable and responsible for the water damage to the common area.
I was agreeable, attempting to follow the law and to be ethical and stated that on my Mother's behalf I would wait for word from the Strata on how the incident needed to be handled legally and ethically.
Three years later, my Mother receives aggressive letters from a law firm demanding financial payment for what initially with the first letter, I was not certain what the context was, other than it was Strata related.
It was ambiguous.
I was not sure if it was for unpaid Strata fees, which did not exist, or perhaps the letter had something to do with the incident three years earlier.
I had deduced and had discussed with other complex owners that Strata insurance covered the damage done in common areas and this insurance was paid by Strata fees.
I reasoned this was why we had not heard any further news from the Strata.
But as it turns out, although the Strata may have insurance, that regardless of the financial amount that was covered by the damage to the common area, the amount of money, or a certain amount of money, the Strata pays out is reclaimed by taking legal action against the liable condominium owner.
When we first received the letters from the law firm, I went to the Strata President that denied any involvement in causing the letters from the law firm, passing me on to the larger association which is an association of several local Strata which our Strata complex is a member.
This representative firmly stated that the association of local Strata had nothing to do with the legal action taken against my Mother in court.
In other words, our Strata was avoiding the responsibility for actions taken and committed.
Therefore, it appears at least in British Columbia that a home owner is in a better and more reasonable position buying a house than a condominium, because when one purchases a house the homeowners insurance would cover water damage and fire and related to the building.
As it would with condo insurance with the inner dwelling.
However, if a neighbour's house is damaged by the same flood or fire and related it should be covered by its own homeowners insurance and the insurance companies should work out the liability issues.
In the case of condo insurance it covers only the individual condo and the owner would have to legally repay the Strata for insurance costs.
This is philosophically not a good and reasonable deal for condominium owners.
I paid the large bill Wednesday to the Strata and the legal firm Wednesday on behalf of my Mother.
Legally, the Strata and legal firm may have followed the law, but ethically I have concerns.
My Mother was not notified by her own Strata of the impending legal action. In other words, prior to.
My Mother was not provided with an option of paying the bill minus the court action and legal fees.
Therefore, the bill was significantly higher adding the cost of removing the lien.
My Mother was not given any option of making monthly payments. This is a very harsh way to deal with a disabled senior citizen on a fixed income.
There was no intellectual openness to any negotiating by the legal firm, despite emails from my Mother and then myself.
The lien placed on the property meant that if full payment was not made further legal action would be made to place the condominium for sale.
The condominium owner is also billed for these further legal fees regarding sale.
If I was not here living in the upstairs part of the condominium, caring for my Mother, needless to state she would have been removed from the premises.
Legal, at least in regards to the court, but very questionable ethically, on some points.
A good friend of mine that deals professionally as a manager with mentally disabled persons, stated that the Strata may have discriminated against my Mother by taking this legal action against her while she was in the state of sepsis delirium.
A reasonable point.
I, in the future will have no interest in purchasing a condominium, at least in British Columbia. Better to have a slightly higher mortgage with a detached home and be 'fully insured' or at least philosophically reasonably insured.
BLACKBURN, SIMON (1996) Oxford Dictionary of Philosophy, Oxford, Oxford University Press.
Update
May 2, 2015
I received an email Friday from our condominium insurance company stating they paid the Strata in regard to the damages. I had contacted the insurance company on the issue again at the time I wrote this post.
I am looking for confirmation of double payment to the Strata.
I will therefore now see what takes place.
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