Defining Law Essay Example | Topics and Well Written Essays - 1500 words

Defining Law - Essay Example Undoubtedly, to be of use, most rules or systems of rules require a method of enforcement, whether the method be remedial in nature, such as a civil judgment, or a penal sanction imposed in a criminal matter. John Austin, a proponent of the social fact thesis of legal positivism, contends that the primary distinguishing feature of a legal system is whether its rules can be enforced (1995). Austin argues that a rule of law in society is legally valid if and only if that rule is commanded by the society's sovereign and is backed up with the threat of sanction, or enforcement (1995). As such, it is Austin's position that the essential element of a law is whether someone has the ability to sanction its noncompliance. Austin's position seems tenable. Indeed, without enforcement, laws have no effect. To ensure compliance, and in the absence of any moral obligation to obey a law, an absence which we must presume, a law must impose a consequence for a violation. Even the rules that govern the application of law, such as rules of procedure, require some sort of sanction for a breach. A prominent philosopher of law, H.L.A. Hart, has suggested that Austin's position on enforcement is clear when applied to those laws that restrict our behavior, but is inapplicable to the set of rules that grant us the power to create rights and obligations, such as contracts and wills (1994). Even those rules, however, are "enforced" through sanction, to wit, the threat of litigation and the possibility of voiding, for example, a created document should it contain a flaw. And the essence of such litigation, indeed the very root of its existence, is that law is subject to interpretation. Ronald Dworkin, a pillar of modern legal philosophy, believes that adjudication is and should be interpretive (1982). According to Dworkin, judges should look to the "political structure of their community" when deciding hard cases by, first, ensuring that their interpretation is in accordance with the community's existing legal practices, and, second, that the interpretation is presented in the best moral light (1982). As such, Dworkin posits that a law is specifically characterized by its language, the facts to which the law must be applied, and the best moral application of that law given the social practices of a particular community. The idea that law is a set of rules subject to interpretation was also recognized by the legal realist movement. Inspired by John Chipman Gray and Oliver Wendall Holmes, and reaching its analytical peak in the 1920s and 1930s, legal realism contradicted legal formalism by asserting that judicial decision making is guided far more frequently by the political and moral insights of the judge rather than by legal rules (Himma, 2006). Legal formalism embraced the concept that a judge's decision, or holding, would always logically follow from the legal rule being applied to a particular set of facts, leaving little or no room for interpretation (Himma, 2006). The realist model asserts the opposite extreme, claiming that (1) any matters worth litigating are thereby divisive enough to require interpretation of the applicable rules, (2) judges make new law in exercising discretion when deciding legal disputes, and (3) when deciding

Redesign Project Essay Example | Topics and Well Written Essays - 1000 words

Redesign Project - Essay Example Plainly speaking, typography can make or break your presentation, regardless of the medium or the message. Thanks to today’s computer and graphics technology, not only is there a multitude of typestyles available, but some programs allow users to create their own unique typestyle. This ability should be used with great restraint since too much of a good thing is, well, too much. Regardless of what style of type is selected by a designer or design team, it should be understood that the design of type, and even the overall design, should be more than just a passing judgment of the designer. When deciding on a format, it is important to determine what will work best with the target audience, not what the designer likes or dislikes personally. Every presentation of an ad, website or other medium should undergo an evaluation by a representative sample of publics that it is intended for. Unfortunately, due to time constraints and other factors, this step is often not taken. To better illustrate my points, I have selected two website home pages that I believe illustrate not only problems, but opportunities. First, I would like to consider is Pennsylvania’s Low Income Home Energy Assistance Program (http://www.acf.hhs.gov/programs/ocs/liheap/) From the moment I saw this website, I had to wonder how effective it was in serving its audience. First of all, we must consider who the intended audience is for the programs the website promotes, Although it is true that there is a general audience that it might serve, the first issue to me is the size of the type. The size seems to me to be too small to be seen by older people who are most likely to suffer from lower visual acuity. For this same reason, I am also leary of the color of the type in the center of the site. Another issue I have with the design of this website, is the applicability of

Describe the various ways of learning about ancient diets and how it Essay

Describe the various ways of learning about ancient diets and how it relates to people's lifestyles - Essay Example Studies of skeletal remains and mummies may be used to show what kind of food the ancients ate. One such study is the research conducted on ‘nutcracker man’, the skull of a Paranthopus Boisei, a relative of humans, who was noted to have a strong jaw and large, flat teeth. For years, it was believed because of the structure and size of its jaw and huge molars that the Paranthopus Boisei at nuts, seeds and other hard items. Further study had revealed, however that the famed ‘nutcracker’ did not crack nuts after all. It appears that despite its large jaw, the Paranthopus Boisei more likely munched on grass, and that the structure of their jaw was more inclined to chewing tough grasses (Choi, â€Å"Nutcracker Man Ate Like a Cow (Or Pig) â€Å". 2011). In the same way, science and modern technology continue to bridge the gap between the past and the present. We know through much research the kinds of food our ancestors ate through the research and study of foss ils, particularly noting the jaw structures, teeth, and stomach contents (if possible) of fossilized and mummified individuals. Geography One of the major indicators of Ancient cuisine can be seen of course, by observing and studying ancient ruins. Expeditions have uncovered skeletal remains, fossils and mummies which have been further studied and analyzed to determine the diet of these individuals before they died. The expedition sites in themselves reveal telling clues about a people’s culture and society, including what they could have possibly eaten, and how they prepared their food. The geography of an area, their climate and type of land, all suggest the kind of food that is grown in an area, and determines if a people are hunters, food gatherers, or fishers. Egypt for example, with their close proximity of the Nile River, proposes that they had access to water supply and fish. Because of their rich soil and lush vegetation, it would make sense that Egypt prospered most of the year, even during times of drought (Philips, â€Å"The Diet of Ancient Egyptians†). A study of ancient Egyptian homes revealed bread ovens, used to cook bread, and cellars, used to keep wine and other food products. Paintings Artworks such as paintings, pottery, and sculptures can be used as evidence as to determining what ancient people ate. Paintings on ancient walls show the fruits, vegetables, and meats that were present and being eaten during the time it was painted. Processes and methods of cooking can also be seen in these artworks. There are paintings of servants making bread, stirring batter, and collecting fruits and vegetables. Other illustrations include men carrying what appear to be pots of milk and cream, or of slaves milking cows and harvesting crops (Philips, â€Å"The Diet of Ancient Egyptians†). Even the early cave men would paint animals, fruits and vegetables on their cave walls. These are telling signs of their diet, as they would only pai nt the things that they could see in their environment. Sometimes, these paintings are of feasts, and involve the killing of certain significant animals, and in some cases, the entire process of how they would prepare their meats. Artifacts Ancient Egyptians also brought food to their graves. They were known to be buried with their earthly possessions as they wished to take their riches and belongings with them to the afterlife. Sometimes, food was even found to be buried in mummy tombs (â€Å"

Develop a personal view on what business ethics means Essay

Develop a personal view on what business ethics means - Essay Example In the case above, ethical values can be demonstrated where the law suggests that animals are to be given intrinsic value as well as their value of human welfare. It is therefore important to observe species such as the turtles which are known to be scarce thus should not be discriminated. Recent development in North American beaches has significantly reduced the existence of these species as that’s where they breed. Ethical dilemmas are a normal occurrence to many managers. Sea turtles in the US water have been an endangered species for a long time. Due to the growing number of endangered species in the US an act referred to as Endangered Species Act was passed in 1973. This was meant to protect the endangered and threatened animal and plant species. Turtle’s population in America has decreased in the past years as a result of many predisposing factors like beach development on their habitat, killing of females and taking away the eggs, leaking oil in the water basins, water pollution and extravagant fishing. Efforts have been set to protect the endangered species. These efforts include; after the female hatch, the eggs are taken to a protected marine environment where they would hatch, introduction of the TED, increase in the number of hatcheries and regulation of the inshore areas (Cruver 2002). Despite many challenges to save the turtle which included violence against the use of TED device, more efforts were put into place to enhance their sa fety. Anyone who violated the TED was fined depending on the circumstances. The TED device however faced many critics which followed with shrimpers protesting that they were forced to use TED. United States population consumes a lot of turtles and to save them they started importing from China and other countries where fishing of turtles is legal. Such kind of arguments showed that there was need for a law to protect the lives of sea animals and encourage them from reproduction. All

Discuss the onset and clinical picture of PTSD in young people with Essay

Discuss the onset and clinical picture of PTSD in young people with reference to the literature and using case examples - Essay Example This critical review is being undertaken in the hope of establishing a clear and comprehensive understanding of PTSD and its impact on young people’s lives. Post Traumatic Stress Disorder is usually seen after a major disaster or traumatic experience. Several studies assessing emotional responses were carried out in the wake of the September 11, 2001 World Trade Center attacks. In a paper by Adams and Boscarino (2006, p. 485), the authors set out to identity the factors associated with PTSD following the World Trade Center Disaster (WTCD) and the changes in PTSD status which were seen over time. This study was a prospective cohort study of New York City adults living in the city on September 11, 2001 and was conducted a year after the attacks and another year after that for follow-up. About 2000 individuals were covered in the first survey and 1600 on the second survey (Adams & Boscarino, 2006, p. 485). The study revealed that in the year immediately following the WTCD, younger females who experienced previous trauma and negative life events, and who had low self-esteem had a greater possibility of developing PTSD (Adams & Boscarino, 20 06, p. 485). In the second year following the September 11 attacks, those who were middle-aged, Latinos, who experienced previous trauma and negative life events, and those who had low self-esteem were more likely to develop PTSD (Adams & Boscarino, 2004, p. 485). The study was able to point out crucial qualities in individuals which made them vulnerable to PTSD after a significant trauma like the September 11 attacks. This study is a peer-reviewed research conducted by reputable experts in the field of psychology and psychiatry. The study presented in detail the different characteristics present among respondents which make them vulnerable to PTSD. The authors were able to draw an analysis based on reliable statistical results. These results were also related and founded on

The audit framework Essay Example | Topics and Well Written Essays - 3000 words

The audit framework - Essay Example More focus upon ensuring the independence of the auditors is made. Limitations and restrictions upon the non-audit services provided by the auditors shall remove much of the threat to the independence of the auditors along with the alterations in the mandatory audit rotation. Making it more dynamic and competitive makes the audit market in the European Union much efficient. Encouraging joint audits shall be able to overcome the dominance of the big fours in the market and thus shall increase the competition in the market. The harmonization of the audit standards in the European Union shall be expanding the audit market in the European Union. With the enhanced supervision of the audit sector and much reforms made in the audit sector it shall be affecting various stakeholders and its impact along with the difficulties are elaborated. The long awaited audit reforms have been completed by the EU however now awaits their practical implication it would reveal their impact over the companies. Audit reforms are move that come after the financial crisis that corporates have faced and proximity seen in the relation of the auditors to their clients. Reforms are not only the challenge for the audit firms but also for the companies, they would be required to adapt to new regulations. Some of the factors that would deeply affect companies that undergo are discussed as follow: Even changing of engagement partner was considered auditor rotation however changed reforms require change in audit firm maximum after 24 years including extension period. Companies would have to be more vigilant in their choice of auditor as relationship would be of limited period (more than previous 3 years) and non-audit services would be restricted. Changing of auditors before 10 years would not be appreciated; reforms do not aim to increase the competition in the audit market thus the replacement during first

National Political Convention Project Research Paper

National Political Convention Project - Research Paper Example The analysis will be the framework for state and urban fusion centres to conduct a study on the threats posed by terrorism activities. In addition, the analysis will help to thwart any attacks that Al Qaeda wishes to coincide with US national biennial political campaigns. It will give recommendations after studying the past attacks by Al Qaeda. In late 1998, Al Qaeda targeted US embassies in both Kenya and Tanzania. It was a successful mission for the group. Then there was the bombing of American consulate in Pakistan. Al Qaida planned to kill 5000 people in Mumbai, but they managed to kill a less number. The worst attack was in September of 2008. It was the biggest terrorism attack in the worlds history. History indicates that Al Qaeda always launch their surges on the day preceding every biennial US election, since 2000 Al Qaeda has a cyclical pattern of conducting attacks on America, six weeks preceding the elections. There was a partially accurate pattern since 2000 to 2008. Experts have provided forewarning about the attacks. The forewarning is accurate and indicates the timings and locations of the attacks. The experts predicted accurately the 9/11 attacks and the failed plot to send bomb parcels to the US. With the attacks, the experts predicted a possibility of the attacks in 2012, to ensure there is an election rigging. There is sufficient evidence to prove the attacks. The terrorists in New York, targeted financial institutions, in the city. Furthermore, there were catastrophic attacks in Washington. Government and military buildings were the main targets. All these attacks happened six days before US national biennial elections. The terrorists were from Yemen. They are a branch of Al Qaeda. In addition to the attacks in American soil, the terrorist bombed New Delhi and Tel Aviv (Riedel, 2010). All these pattern of attacks shows the US is vulnerable to future attacks. The attacks happen during the election