Monday, May 25, 2020
Alcohol Is A Dangerous Substance - 1373 Words
Alcohol is a very dangerous substance that destroys lives far too often. Whether it be the unintentional injuries, chronic diseases, or harm to a developing fetus, as well as many other avoidable tragedies alcohol kills. Considering that alcohol is only a drink and it is widely accepted many people do not notice how harmful it truly is. Alcoholââ¬â¢s deadliness is underplayed because it is a billion dollar industry. Alcohol companies spend nearly two billion dollars every year on advertising in the United States. Many popular musical and film stars openly use and abuse alcohol as well. Alcohol is often glorified in todays pop culture media. All of these factors contribute to the lack of recognition when it comes to the seriousness of alcohol related harms and its implications on the economy. The most talked about alcohol related harm is unintentional injuries and deaths. Tragedies such as motor-vehicle traffic crashes, falls, drowning, burns and firearm injuries are very common and fall under this category. These unintentional injuries and deaths most frequently occur on the road. Within the year of 2014, alcohol-impaired driving fatalities accounted for 9,967 deaths nationally, which is 31 percent of overall driving fatalities. Alcoholââ¬â¢s more subtle effects can be just as bad as road fatalities. It causes chronic diseases such as: liver cirrhosis, pancreatitis, and various cancers including: liver, mouth, throat, larynx, and esophagus. It is also known to cause highShow MoreRelatedAlcohol Tobacco vs. Illegal Drugs765 Words à |à 4 PagesIn the article ââ¬Å"Alcohol, Tobacco Worse Than Illegal Drugsâ⬠a new British study found that alcohol and tobacco are more dangerous than some illegal narcotics such as marijuana or Ecstasy. Professor David Nutt of Britainââ¬â¢s Bristol University and some colleagues proposed the study and found a new structure for the ââ¬Å"classification of harmful substances based on the actual risk posed to societyâ⬠(Conroy, 2007). The researchers used three factors to determine how harmful any drug is : ââ¬Å"the physical harmRead MoreThe Effects Of Drugs On The Human Body1158 Words à |à 5 Pagesbecame a nation. The abuse of substances has become more a nd more common on this society, that now thinking about legalizing one of its illicit drugs is a main political topic. Even though the United States has become a war on drugs country, many people in its society are still being affected. Out of all the substances that are being abuse in this country, there are three that outstand the rest. The three substances that are being abuse the most in our society are alcohol, marijuana, and methamphetamineRead MoreShould Marijuana Be Legalized?957 Words à |à 4 Pagesreasons. For some Pot is perceived to be an incredibly dangerous drug, on the same plane as acid, ecstasy and even heroin. So why do people associate marijuana with a substance as dangerous and as addictive as heroin? For a couple of reasons, First of which is the fact that the United States Government Has Scheduled marijuana as a schedule 1 drug. What does that mean you may be asking, well according to justice.gov, ââ¬Å"Schedule I drugs, substances, or chemicals are defined as drugs with no currentlyRead MoreWho Gets Addicted And How?1174 Words à |à 5 Pagesphysician specializes in addiction. Mate is describing that most of his patients are addicted to cocaine, alcohol, and heroin(Mate 320).This means that most of the people in Downtown Eastside are addicts to illegal substances such as Cocaine, Heroine etc. Addict is someone who cannot survive without particular substance such as Tea, Coffee, Alcohol etc. Living without these kinds of substances is very difficult for an addict person, that he/she gets addicted for a lifetime. Addiction can be causedRead MoreAlcohol Abuse and Alcohol Anonimus Essay708 Words à |à 3 PagesAlcohol Abuse is part of disorder that affects many people throughout the world. Many are aware of the issues the disorder can bring not just on the victim, but also to the people that surround the person with the psychological problem. There are different areas that can be discussed in regards to alcoholism. According to Coon Mitterer (2013), a substance abuse disorder is when there is an abuse or dependence on a psychoactive drug. Alcohol is a substance that can become abusive and bring negativeRead MorePersuasive Essay On Underage Drinking1515 Words à |à 7 PagesAlmost everyone can agree that alcohol should not be given or allowed to children or young adults under a certain age. Alcohol is a substance that is very dangerous and if you used incorrectly or immaturely the consequences can be great danger to the users or the ones around them . The topic of lowering the drinking age has been in discussion for many decades. ââ¬Å"Between 1970 and 1976, 29 states lowered their age for drinking alcohol. The results were catastrophic. Highway deaths among teenagers andRead MoreSubstance Abuse And Its Effects On Society1285 Words à |à 6 PagesSubstance abuse has existed since the start of civilization and it is an ever present entity in the modern era as well. Distilled beverages were the main drinking source in many cases even safer to drink than water in early civilizations, for instance during the Middle Ages. Many substances were also used in medicine derived from certain plants for anesthetics such as opioids from poppy seeds. In addition, nicotine and tobacco products and other hallucinogenic substances were used for recreationalRead MoreAlcohol as a Gateway Essays779 Words à |à 4 PagesAlcohol and heavy drinking throughout Canada plays a distinctive role in instigating other key addictions. Drinking and consumpt ion abuse can be linked strongly to the abuse of illicit drugs. Binge drinking should be seen as a gateway or portal to the development of poly-drug users. As the gateway drug theory suggests, routine use of less harmful drugs, in this case alcohol, will lead to risk of abusing more serious drugs. Alcohol is so readily available and like any other psychoactive drug it canRead MoreThe Legalization Of Recreational Marijuana1645 Words à |à 7 Pageswhen the arguments are made. The possession and use of recreational marijuana should be legalized in the United States because it would provide a steady source of income for the government in the form of taxation, it would reduce the sale of more dangerous drugs since they would not be present in dispensaries. Taxation collected from regulated marijuana sale would greatly benefit the economy. Since regulated marijuana needs to be grown by licensed growers, there would be many opportunities for newRead MoreAddiction : Substance Abuse And Addiction1602 Words à |à 7 Pages Society as a whole is impacted greatly by substance abuse and addiction. Not only does it hurt the abuser directly, but it also becomes an enormous financial and social burden on society. Addiction wrecks families, and also highly correlates with poverty because the drug abuser ends up giving everything that they have to keep their addiction going. It also places extraordinarily high demands on the education, criminal justice, and social service systems. Children and babies both are dangerously
Tuesday, May 19, 2020
The Legal Elements Of The Insanity Defense Essay - 1460 Words
Insanity Defense When learning about the legal elements of a crime, it is stated that in order to establish a crime was committed Actus Reus and Mens Rea must be shown. There is however, a default in this procedure. The Free Dictionary defines insanity as ââ¬Å"Insanity a legal term for mental illness of such degree that the individual is not responsible for his or her acts.â⬠This is one of many legal definitions of insanity, and as you can see a key part of this definition is ââ¬Å"not responsible for his or her acts.â⬠How can we then decipherer Mens Rea ? When making an insanity defense, you are making the argument that the defendant had no Mens Rea during the crime or even a persisting condition. This is where controversy begins, and many debates start to rise about the circumstances of using this as a defense. As studies continue, and more cases are brought out using the insanity defense the increase in demand for a consistent diagnosis is fast approaching. One of the many defaults with cases with this particular defense is, there is never one diagnosis, and different events lead up to other areas. There is only one repeating factor that all insanity defenses have in common, which is the lack of Mens Rea. The medical definition of insanity differs completely from the legal aspect. The medical definition of insanity is, as The Free Dictionary defines ââ¬Å"a medically obsolete term for mental derangement or disorder.â⬠There is no mention of criminal activity or lack of responsibilityShow MoreRelatedThe Defense Of The Insanity Defense1379 Words à |à 6 Pages The insanity defense has been quite a controversial subject. It has been used by some of the most baleful criminals in history. Its controversy derives from the belief that people who plead insanity are excused from the fault of their crimes. Surprisingly however, this defense is rarely used because of how hard it is to prove legal insanity. Less than one percent of criminals choose to plead insanity and of those who choose to plead insanity the success is quite low at 25 percent.( Rolf. p. 2)Read MoreInsanity Defense Essay951 Words à |à 4 Pages The insanity defense has been quite a controversial subject. It has been used by some of the most baleful criminals in history. Its controversy derives from the belief that people who plead insanity are excused from fault of their crimes. Surprisingly however, this defense is rarely used because of how hard it is to prove legal insanity. Less than one percent of criminals choose to plead insanity and of those who choose to plead insanity the success is quite low at 25 percent.( Rolf. p. 2) ThisRead MoreIntroduction. The Justice System Is A Set Of Institutions,1159 Words à |à 5 Pagesimpose penalties on persons violating the laws. Justice systems vary across the many jurisdictions in the world; this paper is a critical analysis and comparison of the judicial organization of America against another jurisdiction with an effective legal system. The parameters around which the comparison will be centered constitute factors like substantive and procedural law, judicial review, policing systems and international police corporation. Norway will be the jurisdiction in comparison, the purposeRead MoreThe Court Of The Insanity Defense1451 Words à |à 6 Pagesfor the insanity defense arose in the British courts in 1834 when a woodturner named Daniel Mââ¬â¢Naghten shot and killed the secretary of Englandââ¬â¢s Prime Minister. The insanity defense is a difficult, but occasionally successful defense system in a court of law. The law varies from state to state however, the idea remains the same. The defense allows a small number of defendants to get out of a crime if they are deemed legally insane. Only being approximately 180 years old, the insanity defense allowsRead MorePolicing Systems And International Police Corporation Essay1520 Words à |à 7 Pagesimpose penalties on persons violating the laws. Justice systems vary across the many jurisdictions in the world; this paper is a critical analysis and comparison of the judicial organization of America against an other jurisdiction with an effective legal system. The parameters around which the comparison will be centered constitute factors like substantive and procedural law, judicial review, policing systems and international police corporation. Norway will be the jurisdiction in comparison, the purposeRead MorePolicing Systems And International Police Corporation Essay1534 Words à |à 7 Pagesimpose penalties on persons violating the laws. Justice systems vary across the many jurisdictions in the world; this paper is a critical analysis and comparison of the judicial organization of America against another jurisdiction with an effective legal system. The parameters around which the comparison will be centered constitute factors like substantive and procedural law, judicial review, policing systems and international police corporation. Norway will be the jurisdiction in comparison, the purposeRead MoreCriminal Law And The Insanity Defense1771 Words à |à 7 Pagesï » ¿Criminal law the insanity defense Introduction In the United States, one of the defenses available to criminal defendants in most states is not guilty by reason of insanity. The availability of that defense is subject to state law, ever since a 1994 decision by the U.S. Supreme Court upholding the decision of individual states to abolish that defense (Martin, 1998; Schmalleger, 2009, p. 146). In principle, there is a logical or fundamental ethical basis for the philosophy of allowing thoseRead MoreThe Nature Of Lawful Defenses, Justification, Excuses,1353 Words à |à 6 Pagesnature of lawful defenses, justification, excuses, and the insanity defenses studies the guidelines of controlling the different jurisdictionsââ¬â¢ elements. This paper will examine a legal decision/case involving the defenses of justifications mentioned in Chapters 5 and 6. This paper will discuss the case which is state. Justification is a defense depends upon the need of a just cause or excuse (Schmalleger Hall, 2014). Justification is a lawful rea son for an act that signifies the defense of justificationRead MoreJustification, Excuses, And The Insanity Defenses1401 Words à |à 6 Pagesnature of lawful defenses, justification, excuses, and the insanity defenses studies the guidelines of controlling the different jurisdictionsââ¬â¢ elements. This paper will examine a legal decision/case involving the defenses of justifications mentioned in Chapters 5 and 6. This paper will discuss the case which is state. Justification is a defense depends upon the need of a just cause or excuse (Schmalleger Hall, 2014). Justification is a lawful reason for an act that signifies the defense of justificationRead MoreIs Schizophrenia A Mental Disorder? Essay1418 Words à |à 6 Pagesplaying loud music. ââ¬Å"The policeman had pulled the truck over and called in the license plate, then radioed dispatch once more: 999. I ve been hit. 999. I ve been hit. Erick clark was charged for 1st degree murder and attempted to use the Insanity defens e and when it failed he decided to go against them in the supreme court, claiming that Arizonaââ¬â¢s laws were too harsh. Fortunately, he didnââ¬â¢t win and was sentenced 25 years without parole. The first reason why Clark chose to take his case to
Thursday, May 14, 2020
The History of Death and Burial Customs
Death has always been both celebrated and feared. As far back as 60,000 BCE, humans buried their dead with ritual and ceremony. Researchers have even found evidence that Neanderthals buried their dead with flowers, much as we do today. Appeasing the Spirits Many early burial rites and customs were practiced to protect the living, by appeasing the spirits who were thought to have caused the persons death. Such ghost protection rituals and superstitions have varied extensively with time and place, as well as with religious perception, but many are still in use today. The custom of shutting the eyes of the deceased is believed to have begun this way, done in an attempt to close a window from the living world to the spirit world. Covering the face of the deceased with a sheet comes from pagan beliefs that the spirit of the deceased escaped through the mouth. In some cultures, the home of the deceased was burned or destroyed to keep his spirit from returning; in other,s the doors were unlocked and windows were opened to ensure that the soul was able to escape. In 19th century Europe and America, the dead were carried out of the house feet first, in order to prevent the spirit from looking back into the house and beckoning another member of the family to follow him, or so that he couldnt see where he was going and would be unable to return. Mirrors were also covered, usually with black crepe, so the soul would not get trapped and be left unable to pass to the other side. Family photographs were also sometimes turned face-down to prevent any of the close relatives and friends of the deceased from being possessed by the spirit of the dead. Some cultures took their fear of ghosts to an extreme. The Saxons of early England cut off the feet of their dead so the corpse would be unable to walk. Some aborigine tribes took the even more unusual step of cutting off the head of the dead, thinking this would leave the spirit too busy searching for his head to worry about the living. Cemetery Burial Cemeteries, the final stop on our journey from this world to the next, are monuments (pun intended!) to some of the most unusual rituals to ward off spirits, and home to some of our darkest, most terrifying legends and lore. The use of tombstones may go back to the belief that ghosts could be weighed down. Mazes found at the entrance to many ancient tombs are thought to have been constructed to keep the deceased from returning to the world as a spirit, since it was believed that ghosts could only travel in a straight line. Some people even considered it necessary for the funeral procession to return from the graveside by a different path from the one taken in with the deceased, so that the departeds ghost wouldnt be able to follow them home. Some of the rituals which we now practice as a sign of respect to the deceased, may also be rooted in a fear of spirits. Beating on the grave, the firing of guns, funeral bells, and wailing chants were all used by some cultures to scare away other ghosts at the cemetery. In many cemeteries, the vast majority of graves are oriented in such a manner that the bodies lie with their heads to the West and their feet to the East. This very old custom appears to originate with the Pagan sun worshippers, but is primarily attributed to Christians who believe that the final summons to Judgment will come from the East. Some Mongolian and Tibetan cultures are famous for practicing sky burial, placing the body of the deceased on a high, unprotected place to be consumed by wildlife and the elements. This is part of the Vajrayana Buddhist belief of transmigration of spirits, which teaches that respecting the body after death is needless as it is just an empty vessel.
Wednesday, May 6, 2020
Bullying Is A Form Of Action Made By An Aggressive Person
Bullying is a form of action made by an aggressive person, and which it involves a direct or indirect approach to another person. The imbalance of power between the parties involved are dominating and submission. This behavior involves a negative pattern, having to deal with physical, verbal, gestural or non- verbal actions. The impact of emotional effects, and the long term consequences it holds for a person being targeted by this action. The new form of bullying is ââ¬Å"Cyberbullyingâ⬠through electronic gadgets utilizing texting from cell phones, posting on networking sites, and the Internet. This niggling conveys tormenting others on another level, publicly discrediting their integrity. This is a quick and exclusive way of tantalizing aâ⬠¦show more contentâ⬠¦In any case one negative behavior will not justify the other. Most children are pushed into a corner to regain their social status and lash out in pain with violence to get their redemption. The bullies have problems with dealing with the basic values of rules and regulation, but seem to have no problems with understanding misbehaving and breaking the moral rules. Bullies interpretation of rules is breaking the moral rules to justify hurting people is acceptable. It could be a two way street with being a bully and being bullied, both parties are emotionally affected. The child that is the bully could have environmental problems, which enhance their feeling to hurt others. The feelings buried inside could stem from child abuse, rejection at home, isolating, and socially disconnected. Using these hurtful techniques against others could relieve the pain they have embedded deep inside. This type of behavior will shun the true feelings they are trying to conceive of others. In some ironic way it is a silent cry for help with their own torment they are dealing with. The bullies seem to have more going on in the lives than the victims, the victims merely fall in the path of this rampage of fury going on inside the bully. Another bullying situation is the child that stand by and witness another child being bullied. Even is the child is not the target the innocent bystanders is suffering with anxieties of will they be
Symbolism In Lord Of The Flies Essay - 963 Words
In Lord of the Flies by William Golding, young boys face troubles when their plane gets shot down and leaves them stranded with no adults on a deserted island. The boys must learn to govern themselves and attempt to get rescued as quickly as possible. With the blow of a conch, all of the boys unify; with the destruction of the conch, the boys separate and turn evil. The conch serves as a symbol of civilization and order; without it, it becomes human nature to turn into a savage. As Ralph, a young boy who survived the plane crash, blew the conch while Piggy encouraged him, life began to stir on the seemingly deserted island. At the sound of this shell, children started appearing among the forest and along the beach, curious as to whatâ⬠¦show more contentâ⬠¦Even the ââ¬Å"littlunsâ⬠, who might even be too young to comprehend their situation on the deserted island, understand the power of the conch. ââ¬Å"They obeyed the summons of the conch partly because Ralph blew it, and he was big enough to be a link with the adult world of authority [â⬠¦]â⬠(Golding 59). In the beginning, the conch served as a symbol of order, but as soon as the boys forget about it, it was chaos ensues on the beach. For example, when Ralph mentions that they need a fire, all the boys got to their feet and ran in a disorderly manner to make a fire. Soon enough Jack Peridew begins questioning the authority of the conch by exclaiming that the rules do not matter (Golding 91). This begins the demise of the authority of the shell that will ultimately lead to the boysââ¬â¢ path to savagery. Gradually, the conch loses its importance and with it, the hope of being rescued. Ralph comes to this conclusion when says, ââ¬Å"If I blow the conch and they donââ¬â¢t come back; then weââ¬â¢ve had it. We shanââ¬â¢t keep the fire going. Weââ¬â¢ll be like animals. Weââ¬â¢ll never be rescuedâ⬠(Golding 92). The conch has been a symbol of rationnesss and order thr ough the first half of the novel. It was used in a fashion to let everyone speak their opinion without interruption. Jack continuously seems to be a strong advocate against the conch especially when he says, ââ¬Å"We donââ¬â¢t need the conch anymore. We know who ought toShow MoreRelatedLord Of The Flies Symbolism Essay814 Words à |à 4 Pages The Dangers Within Masks are oftentimes used as a technique to hide oneââ¬â¢s identity. In the novel, Lord of the Flies, the author William Golding, explains an the journey of a group of boys and the discoveries of their inner savages. These boys are isolated from the adult world after their plane crashes onto an island, presumably caused by the world war that was occurring. The children have to manage themselves and form their own rules and civilization. EventuallyRead MoreLord Of The Flies Symbolism Essay2025 Words à |à 9 PagesOftentimes authors will use symbolism through the characters in order to represent a larger encompassing theme. William Goldingââ¬â¢s book Lord of the Flies is no exception to this patternââ¬âas various characters in the book have such allegorical meanings. In the case of Jack, he could be said to represent the evilness in humanity, proven by three established concepts in the story: the true nature of his hunting tendencies, the progression of events that happen i n his dancing rituals, and his interactionsRead MoreLord Of The Flies Symbolism Essay1080 Words à |à 5 PagesLord of the Flies Essay ââ¬Å"Maybe there is a beastâ⬠¦ maybe its only us.â⬠(Golding [Page 50]) The Lord of the Flies, by William Golding, is a novel that goes much deeper than a group of 12 year old boys stranded on an island. Throughout the book Golding portrays symbols and constant themes which show how he feels about the human race; that there is an inner beast inside everyone and no matter who you are, it will eventually get exposed. Golding also shows symbols throughout the book which represent theRead MoreLord Of The Flies Mask Symbolism Essay1093 Words à |à 5 PagesSymbols in literature are like the Earth, there are multiple layers until you get to the core meaning. In the novel, The Lord of the Flies, William Golding, utilizes symbols in order to get his deeper meaning across. In a novel about boys isolated on an island during the time period of World War II, Golding shows the outcomes of what isolation can have on a group of people. While trying to get these messages across, the au thor uses symbols as an aid These symbols range from strength, hope, andRead More Symbolism in Lord of the Flies by Golding Essay1064 Words à |à 5 PagesSymbolism - Throughout the novel, Lord of the Flies, Golding uses many images and symbols to portray evil and destruction. Symbolism Throughout the novel, Lord of the Flies, Golding uses many images and symbols to portray evil and destruction. One of the main symbols is the beast, and it destroys the relationships of the boys and is the main symbol of evil. The conch on the other hand, is the symbol of good, and represents the pure side of the boys. There are also many symbols whichRead MoreEssay about Symbolism in Lord of the Flies2983 Words à |à 12 PagesSymbolism in Lord of the Flies The story, Lord of the Flies, has many interesting symbols relating adult society to kids surviving on an island. Many of the characters and items in this novel such as Jack or the conch can be interpreted on a macroscopic scale but the most important being this; a microcosm of children on an island makes a Read More Use of Symbolism in Goldings Lord of the Flies Essay1321 Words à |à 6 PagesUse of Symbolism in Goldings Lord of the Flies Lord of the Flies, a suggestive name for the Devil, a devil whose name proposes that he is devoted to decay, destruction, demoralization and panic, exactly what William Golding had in mind when using symbolism in this novel. The Lord of the Flies (1954), is a novel in which interpretating the symbols are a main key to not only understanding, but also enjoying the novel. After tying many of the symbols together, you can figure out more about whatRead MoreEssay on Symbolism in Lord of the Flies, by William Golding912 Words à |à 4 PagesSymbolism in Lord of the Flies, by William Golding In his classic novel, Lord of the Flies, William Golding uses many elements of symbolism to help the readers gain a greater understanding of his message. Symbolism can be anything, a person, place, or thing, used to portray something beyond its self. It is used to represent or foreshadow the conclusion of the story. As one reads this novel, he or she will begin to recognize the way basic civilization is slowly stripped away from the boys as conflictRead MoreThe Usage of Symbolism in Lord of the Flies Essay examples726 Words à |à 3 PagesSymbols are often used in literature to drive plot, give clues to events in the story, and develop key characters. They have more than one meaning, and in the novel Lord of the Flies by William Golding there are three key symbols used: the conch, Piggyââ¬â¢s eyeglasses and the impaled pigs head. These three symbols will be discussed by using specific references to the text as well as examining how they negatively impact the characters in the s tory. Thesis: Three essential symbols that have a negativeRead MoreEssay on Symbolism in William Goldings Lord of the Flies1214 Words à |à 5 PagesSymbolism in William Goldingââ¬â¢s Lord of the Flies renders either through a character, intention, or theme. The author uses these symbols to have a greater impact on the readersââ¬â¢ interpretation of the novel, rather than merely revealing the idea. First and foremost, the beast and its several manifestations are few of the many signs that support deeper meanings. Furthermore, there is Piggy, one with intelligence and responsibility and one very important symbol. Finally, there are the two fires which
Malaysia Mining Corporation BHD â⬠Free Samples to Students
Question: Discuss about the Malaysia Mining Corporation BHD. Answer: Introduction: Nick who is a leader of a political party named The Blue Party is going to organize an open-air rally in Sydney so that he could publicize the party. Nick had a contract with John to provide with catering facilities at a cost of 5000$. Hanson who supports Nick agreed to fly an aircraft in which he would trail the banner of the party and he also committed that he would provide the services free of cost. Ian who supports the party tells that in writing that he would pay the party 10000$ to meet with the expenses. Nick is really assuring the fact that the Rally should go successfully so at the last minute he fixed to pay John a bonus so that he could take care of all the things and make sure that everything went smoothly. He is also feared by the fact that the opposing party might propose distress, so he also agreed to pay 3000$ to police for protection. After all these efforts, the rally was a great success However, Nick refused to pay the prescribed amount to police and to the john out of the fact that the cost of flying aircraft went beyond it is expected and the nick must compensate the excess amount to Hanson. Also, the help of 10000$ from Ian got cancelled as he suffered huge losses in his business recently. ISSUE: The issue arises whether Nick is liable to pay bonus amount under the contract law or not as he promised to pay $1000 bonus with the amount of contract with john to provide catering services? Rule: According to the details given, this case is like Williams v Roffey brothers Nicholls (1989)4. In both cases one party agrees to pay for the services provided by the other party. Also, one party agrees to pay bonus if the things run smoothly whereas the cost of catering is the part of contract. So, according to the contract a person is liable to pay only that amount which is agreed to pay in the contract. The plaintiff cannot sue the other party for the amount which is not part of contractual agreement. Application: In this case, Nick and John both entered into a contract and it has been clearly stated that John was booked by Nick for providing catering services for $5000. The contract existed claiming there was some work done by John for Nick and that too was done for a prize money, but he may not have a valid claim for $1000 as, he was already contractually obliged to provide catering services. So, it is not necessary that Nick need to pay $1000 promise to pay an additional amount for an existing duty which is not under that contract. Conclusion: so, there was no written contract between Nick and John for the payment of $1000 and Nick is bound to pay $5000 for the catering services. Nick and the police Issue: Does Nick have compulsion to pay $3000 to police which he promised to pay, or can he refuse to pay the amount for the amenities which is generally a duty. The main issue is that what are the legal obligations for this promise? Rule: This case is very similar to Gladbrook Brothers limited v Glam organ country council (1925)2. In this case, police officers were requested to provide extra security at the entrance of coal mine rather than normal patrolling. According to the police act (1840), section 19. Decision was made that if any organisation performs an act as their part of duty then they cannot take extra money. However, if that organisation performs job beyond the part of normal scope than the individual must pay for getting extra protection from police officials. Application: As Nick had asked the police officials for providing him additional protection so, the police in return of this request made an offer of 3000$ to perform the duties and this offer was agreed to be paid by Nick by an acceptance. These two components of offer and acceptance result in the formation of a contract between both parties. Now as it has been stated that Nick is refusing to pay the police the promised sum of 3000$ which was decided in the contract. Then, in this case, Nick is breaching the terms of the contract and the police in such a case can sue Nick for not giving the promised amount. It has not been stated that the contract was in writing or not. As the things are not stated so it is assumed that the contract done was in writing only. Conclusion: It is clearly stated that Nick is breaching the law by refusing to pay $3000 for the extra services provided by the police. So, Nick is liable to pay according to his promise. Issue: what are the legal obligations between Nick and Hanson for the compensation of amount incurred by Hanson? Rule: This case very similar to the case Price v Southern cross television3. There was an informal contract among the two parties binding each other. It is stated that there was a mutual understanding between Hanson and Nick for providing services to Nick for free of cost. Application: In both cases, there was agreement to provide the services for free, so this way no contract existed between both parties. There was also no money involved. In, Nick and Hansons case, Hanson realize later that expenses which Nick decides to compensate but, later he failed to repay. Conclusion: In conclusion, there was no lawful or formal contract between Nick and Hanson. Nick is not legally obliged to pay any amount to Hanson. Nick and Ian Issue: Does Ian have a legal obligation to pay Nick as he promises to pay $10000 to support the rally? Rule: In this case, there is a fact that Ian sends a letter of comfort to Nick for building trust in his political party which is a statement of confidence towards Nicks party. This letter is an offer by Ian. According to contractual law offer needs to be accepted by other party. Moreover, these kinds of letters do not apply to a guarantee because for a contract there should be a legal bound between two parties for it be enforceable. Application: I found a similar case Kleinwort Benson ltd v Malaysia mining Corporations in which, it is stated that a person should not be legally obliged if there is only a letter of comfort. It is not a contractual promise where there is no guarantee for the payment. So, Ian is not legally responsible to pay $10000 to Nick because it was just an expression to show his support to Nicks rally not guaranteeing the payment. Also, there was no letter of acceptance of the contract. Conclusion: As per law, Ian is not liable to pay any money to Nick because it was just a promise not a guarantee of payment or there was no letter of acceptance for that offer which resulted that law is not enforceable in this case. This way the discussions clearly indicate the states of contextual obligation between the parties and what steps could be taken by them in such cases to get their contractual money back. References Williams v Roffey Bros Nicholls (Contractors) Ltd [1989] EWCA Civ 5. Glasbrook Brothers Ltd. v Glamorgan County Council [1924] UKHL 3 (19 December 1924) Price v Southern Cross Television (TNT9) Pty Ltd [2014] TASSC 70 Kleinwort Benson (KB) v Malaysia Mining Corporation BHD (MMC BHD) [1989] 1 WLR 379
Tuesday, May 5, 2020
Topics in IT Ethics
Question: Write an essay about the classical ethical theories. Answer: Introduction The essay analyses and justifies the classical ethical theories of an article which was published on The Sydney Morning Herald on November 26, 2014. The title of the article which the author analyses and reviews in this essay is Maker of Smartphone surveillance app fined, avoids jail time. Matt Zapotosky has penned the article for the newspaper (Yoder, 2014). The article talks about the maker of the Smartphone surveillance app Mr. Hammad Akbar who is a resident of the Lahore district in Pakistan. Hammad created an app named StealthGenie which helped to catch lovers who were cheating on their respective partners. Installing the app in the Smart phones the people who are suspicious about the loyalty of their partners can track the locations of their partners by listening the phone calls. The US District Court for the Eastern District of Virginia penalized the makers of such a stalker app on the charges that an app of this kind would breach the privacy of its users and it can also be misused by some people. The court charged a fine of $A587,000 to Hammad Akbar. The court charged him against breaking the law, though unknowingly, in selling and promoting the StealthGenie app which would help its users to monitor and speculate the activities of the people who have installed this app in their phones (Bowker, et al., 2014). Discussion on ethical values People all over the world can see the rapid growth of the Information Technology industry. Information revolution has taken place in most countries of the world that has affected the lives of the people on the whole. This revolution in the Information Technology industry has affected the fields of medicine, employment, commerce, entertainment and transportation significantly in the recent times. As a consequence the communication and information technology (ICT) has affected the social community in both ways good and bad. The family and community life has improved with the betterment of the ICT, along with careers, education, human relationships and democracy. There are certain social and professional ethics and values associated with the ICT (Daft, 2012). The essay discusses the two different ethical theories on the light of the article of The Sydney Herald. One such theory is the theory of Just Consequentialism. The ethical theory of just consequentialism was developed in 1999 by James H. Moor. James developed this ethical theory to solve the ethical problems related to computer networks and computers. The core values which James had considered while formulating this theory involves the things that people and community gives the most importance to, such as resources, security, health, knowledge, oppurtunities and happiness. Consequentialism involves a wide variety of ethical systems. There is a common link between all these ethical systems. All the ethical systems involved in Consequentialism depends on the idea that actions that are morally correct depends on the results of that action or something related to that action. Another system of ethics on which the theory of Consequentialism depends is the Deontological Ethics developed b y Bernard Gert in 1998. This provides just constraints on consequalism and provides moral impartiality (McCaughey Ayers, 2013). The charges that the US District court has brought against Hammad stand correct if it is seen from the Just Consequentialism point of view. The actions of Hammad do not stand on the ethical and moral values. The app which he had created is used to track the whereabouts of the person whose phone has this app installed. It breaches the freedom of privacy among its users. The acts of the maker of the app were very wrong as this would have a negative impact on the society as a whole. Hence the punishment that the court awarded to Hammad was very much justified. The next important theory of ethics that the author wants to discuss here is the Utilitarian theory. The theory of utilitarianism is a normative ethical theory that lay emphasis on the idea of wrong or right depending solely on the choice of one policy or action among a group of other course of actions. The ethical theory gives more importance to the interest of others than ones own interest (Purtilo Doherty, 2015). The principal of utility proposed by Bentham includes the following aspects: Indentifies the role of pleasure and pain in the lives of human Disapproval or approval of the course of action depending on the amount of pleasure or pain that it brings along. Association of good and evil with pleasure and pain respectively Assertion of the quantification nature of pain and pleasure (Star, 2016). Bentham also includes the criterion of nearness or farness, uncertainty or certainty, duration or intensity in his principle of utilitarianism. The actions that are associated with the number of people affected by it are also accounted for their extent (Quinn, 2014). John Stuart Mill emphasized on some other aspects of the Utilitarianism theory. He argued that the quality of happiness is the central idea of utilitarianism, rather than the quantity of pleasure as proposed by Bentham. John is of the view that qualities cannot be measured or quantified. According to John, utilitarianism emphasizes on the goal of achieving greater pleasures for a large number of people (Schwalbe, 2015). The US District court has punished the accused on the grounds of violating the ethical theory of Utilitarianism. By creating such an app for tracking the locations of people using that app, he may hurt the sentiments of some people. The actions of Hammad may give immense pain to some people. Some other may highly benefit from this app. This may form some amount disparity among people living peacefully in the society. Hence it is very justified on the part of the court to impose fine on the maker of the app. Conclusion The article of The Sydney Herald which the author analyzes in the essay ascertains the fact that the US District Court can rightly punish any accused who tampers with the law. The article highlights the fact that any individual who breaks the law or breaks the ethical norms would be punished by the Court. The article gives a message to the society that every person is equal in the eyes of law. References: Bowker, G., Star, S. L., Gasser, L., Turner, W. (2014).Social science, technical systems, and cooperative work: Beyond the great divide. Psychology Press. Daft, R. (2012).Organization theory and design. Nelson Education. McCaughey, M., Ayers, M. D. (Eds.). (2013).Cyberactivism: Online activism in theory and practice. Routledge. Purtilo, R. B., Doherty, R. F. (2015).Ethical dimensions in the health professions. Elsevier Health Sciences. Quinn, M. J. (2014).Ethics for the information age. Pearson. Schwalbe, K. (2015).Information technology project management. Cengage Learning. Star, S. L. (2016). 6 Misplaced Concretism and Concrete Situations: Feminism, Method, and Information Technology.Boundary Objects and Beyond: Working with Leigh Star, 143. Yoder-Wise, P. S. (2014).Leading and managing in nursing. Elsevier Health Sciences.
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