The Compensation Culture: Cliché or Cause for Concern Essay

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‘The Compensation Culture: Cliché or Cause for Concern?’
This essay is focused on assessing the argument of the author, Hand, in his article on compensation culture. It will begin by providing a definition of the term ‘compensation culture’. In the first part, the essay will utilize research criteria covered in the syllabus in order to efficiently criticize the article. Secondly, it will consider the contribution made by this article in relation to compensation culture, before making a conclusion.
Lord Hobhouse in Tomlinson v. Congleton defined compensation culture as a procedure that involves blame for a particular injury. On the other hand, Lord Steyn in the Calderdale case referred to compensation culture as the
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The paper also aims to provide an explanation for the rising trends in the media as opposed to the apparently falling trends in employment tribunals. Hand also aims to educate the reader about the misconceptions promoted by the media by doing an in-depth analysis of judicial and claims statistics.
The use of numbers, statistics that are shown in linear graphs, and the objective stance kept by the author of this article all point to quantitative research. There is also little or no relationship between the researcher and any research subjects because he only uses research that has been done beforehand. Trochim points out that both quantitative and qualitative research are related to each other because qualitative data can be interpreted numerically and ‘all quantitative data is based upon qualitative judgements’. It is vital to note that the graphs have been based on and explained using qualitative judgements in order to increase the understanding of the reader. For example, in figure 7 (page 584), it has been stated that personal injury claims have risen in the Queen’s Bench and County Courts and the graph illustrates this. Bryman writes that secondary analysis is data analysis by researchers who were not involved in its collection, and may be used in quantitative research.

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