Saturday, August 31, 2019

Natural Law Theory

According to Jenkins, â€Å"The natural law theory begins with theories about the nature and purpose of the world and moves on to ask about the purpose of every action or object. The right thing to do is that which fulfils the natural purpose. † Natural law was developed by Thomas Aquinas, in which he believed that there is such a thing as natural moral law. Natural law ethics depends on the belief that the world was designed by a creator, God. It teaches everything God made has a purpose, including every aspect of human life, and everything should work towards the purpose assigned to it.If we fulfil this purpose we do ‘good’, for example it is good to preserve life (â€Å"Do not kill†). If we frustrate the purpose for which something has been created then it is morally ‘wrong’, to destroy life is against the will of good. In addition, human sexuality was designed for the reproduction of the species. Any action which helps towards the fulfilmen t of this purpose is good; anything which hinders this fulfilment is bad. Aquinas believed there were four primary precepts, â€Å"God’s aims for humans†, which we are to follow to live according to natural law.These are to reproduce, learn and develop potential, live harmoniously in society and worship god. These precepts are moral absolutes and under no circumstances can be broken. Natural law is therefore a deontological theory. According to Aquinas natural law was the, â€Å"moral code which human beings are naturally inclined towards. † There are also the secondary precepts to take into account, which are the rules and regulations which help us achieve these aims. These are actually man made laws which are based on God’s principles.Natural law is a fusion of the secular philosophy of Aristotle (who claimed that everything had a purpose and therefore the fulfilment of these purposes was good, e. g. a good knife cuts well) and the religious tradition o f the church by Aquinas. Natural law was to be a supplement of the laws given in the scriptures and draws much inspiration from the bible. Paul in Romans 1-3 argues that the moral law of God is evident from the nature of humans and the world, â€Å"Ever since the creation of the world, his invisible nature, has been clearly perceived in the things that have been made. (Romans 1:20) In Matthew 19:3-9, Jesus observes that natural law should make it clear that divorce is wrong, â€Å"For your hardness of heart Moses allowed you to divorce your wife, but from the beginning it was not so. † Marriage was designed for the building up of the married couple by each other and for birth and secure upbringing of children; divorce goes against God’s aim. Peter Mullen, Working with Morality, states, â€Å"Reason and the regularities of the natural world should be your guide. † Though are ability to reason we can get a sense of right and wrong.We can think freely for ourselve s and discover God’s intention and follow natural law. In other words we must use our reasoning powers in order to work out what is moral. This helps us deal with ethical issues which are not dealt with in the scripture e. g. euthanasia. In his book, Summa Theologiae, Aquinas maintained that we have four cardinal virtues (‘cardo’ meaning ‘a hinge’) on which are morality hinges and these four things inform as reason as well as the Decalogue. It has also maintained that we have seven capital vices. The cardinal virtues are prudence, justice, fortitude and self control.Pursing what is morally right will help us to develop these virtues and vice versa. The seven sins of morality are just the vices of pride, avarice, lust, envy, gluttony, anger and sloth. Aquinas maintains that these, in contrast with the four virtues are totally opposed to achieving the goals set out for humans in natural law. These natural virtues are expanded by the revealed virtues of faith, hope and charity derived from St Paul in Corinthians and â€Å"Aquinas held that the greater the extent to which these are developed by the individual, the greater the obedience will be to natural law. (Vardy and Grosch) When people sin according to Aquinas, it is because they are pursuing what they think is good. Human nature is generally good and therefore if we do wrong it is because we are in pursuit of an apparent good, e. g. abortion, can seem like at a good thing at times. According to Vardy and Grosch, â€Å"Humans seek apparent good, but this is not true good; only apparent good because it does not conform to the perfection of human nature which all humans share. † A historical example would be that of Hitler and Stalin, who did not seek out evil but sought what they thought, was right.The theory of natural law states that you are only responsible for the immediate consequences of your actions – not for the secondary or unintended effects of your acti on. This adds flexibility to the theory of natural law in such areas as just war and etopic pregnancy. According to Thompson, â€Å"Natural law is based on nature as seen by human reason enlightened by Christian faith. In the light of Jesus’ teaching and belief in God, reason can decide, by looking at nature, what is right. † Natural law however has some faults. It depends on the belief that the world was designed by a creator.Aquinas assumes that all men must seek to worship God, atheists not taken into consideration. According to Thompson, â€Å"†¦ if someone does not believe in God, then the natural law theory loses its foundation. † The theory also suggests that reproduction is one of God’s natural purposes of creating humankind, not considering those who are biologically incapable of having children. Thirdly, naturalistic fallacy, there is a problem with the assumption that just because something is a matter of fact in nature does not mean it ou ght to be obeyed by everyone. Hume argued that what is the case and what ought to be the case are different ideas.According to Jenkins, â€Å"sex does produce babies by this does not necessarily mean that people ought to have sex only for this purpose. † In some situations it may be necessary to against natural law to achieve a better end result, natural law is too flexible. According to Peter Mullen, â€Å"it may be necessary, for example to torture an innocent person to save the lives of thousands. † Finally, how do we define what is natural and what isn’t, there are some basic ideals but these are too vague to apply to specific situations. For example should we try to prolong the life of someone who is ill, for death is the ‘natural’ result?Natural law also puts too much emphasis on human reason. Human reason can be corrupted by sin, e. g. holocaust. However there are strengths of the natural law theory. First of all, it is a universal guide. It provides humanity with a set of common moral principles and can be sued if you are religious or not (Aristotle). Secondly it is a simple, straightforward set of rules – we look at the evidence of the natural world and apply our reason to consider if something is right or wrong. And thirdly, the principles of natural law can be applied to solve pecific moral problems – casuistry. In conclusion, â€Å"The natural law is written and engraved in the soul of each and every man; because it is human reason ordaining him to do good and forbidding him to do sin. † (Pope Leo XIII) It is claimed that everyone holds certain fundamental rights simply by virtue of being human. Some argue that rights are a modern western invention, rights are something â€Å"constructed† by a historical culture, seeking self justification for its own purpose to expand the notions and even to impose them on other cultures regardless of their traditional ways.The words ‘human rights ’ have come to mean the political norms and prescriptions that are found in international human rights documents such as the European Convention of Human Rights(1950) or the United Nations Declaration of Human Rights(1948). They deal with the way in which people should be treated by their government and its institutions. This paper proposes to develop the argument that making human rights universal is problematic, this will be done by firstly looking at the historical development of the concept of human rights, secondly the approaches taken towards questioning the validity or justification of the doctrine.Finally, to explore cultural, religious as well as gender differences which interact making human rights difficult if not problematic to universally enforce. Historical Origins and development and creation of the theory and practice The roots of human rights doctrine can be traced back to the times of Aristotle and Stoics. In his ‘Nicomachean Ethics’ Aristotle c reates the basis for the existence of a natural moral order. This would provide a potentially universal criterion for evaluating the authority of man made legal systems.Aristotle distinguishes natural justice and legal justice, â€Å"Natural justice is that which has same value everywhere and does not depend on acceptance† But the concept of rights akin to that of the contemporary idea of human rights most clearly emerges during the seventeenth and eighteenth centuries in Europe and the so called doctrine of natural law. The doctrine of Natural Law held belief in the existence of a natural moral code based upon the identification of certain fundamental and objectively identifiable human goods. John Locke argued that individuals possess natural rights, ndependently of political recognition given to them by the state. He posits the idea that people held such rights independently of and prior to the formation of any political community, natural law thus is to perceive Gods will which truly gave an authentic moral code. Locke provided the precedent of establishing legitimate political authority upon a rights foundation. Compassionate to the works of the Ancient Greeks and earlier philosophers such as Pufendorf, 18TH century German Philosopher Immanuel Kant, who held that, moral reasoning relied upon the condition that all rational individuals are bound to assent.His notion of the ‘categorical imperative’, doing the right thing is not determined by acting in pursuit of ones own interest or desires but acting in agreement with the maxim which all rational individuals are to accept. â€Å"So the act the maxim of which your will can at the same time be universal law† The philosophical ideals defended by Kant and Locke come to be associated with general enlightenment project during the 17th and 18th centuries. Ideals such as human dignity and equality enshrined in the US Declaration of independence and the French National Assembly’s De claration of Man.Similarly continued through the 19th century in various political movements to extend the political suffrage to those that were denied political and civil rights. The full declaration of the doctrine of human rights occurred in the 20th century in response to the atrocities epitomized by the holocaust. The United Nations Declaration of Human Rights, enshrining fundamental human rights was adopted by the General Assembly on the 10th of December 1948. One should note that the modern doctrine of human rights is not a mere expression of the natural rights concept; rather it goes beyond it in some respects.James Nickel promotes three ways in which contemporary concept of human rights differs from and goes beyond that of natural rights. Firstly, modern human rights are more interested in viewing equality as requiring positive action by the state for instance providing welfare assistance. Whereas natural rights promoters were apt to view equality in more formalistic terms, essentially requiring the state to refrain from â€Å"interfering† in individuals lives.Secondly, where promoters of natural rights tended to conceive of human beings as mere individuals, advocates of contemporary human rights are far keener to accept the importance of family and community in individual lives. And thirdly, Nickel views modern human rights as more ‘internationalist’ in content and orientation than was typically found within arguments in support of natural rights. One can clearly understand the final assertion, since today human rights are increasingly seen as requiring international action and concern.For the benefit of the discourse, drawing this distinction between natural rights and modern human rights allows one to distinguish the development of the concept of human rights. It will also be beneficial to see the different approaches’ to human rights a well as the categories of human rights. Such discussion of the nature of human rights will demonstrate whether in Raschs view human rights cannot be justified as a universalising project. Concepts of Human Rights There are two categories that are fundamental to understand basis and potential for the application of human rights.Legal rights: these are the rights found in existing legal codes, thus benefit from the recognition and protection of the law. Disputes as to its existence can be resolved by referring to the relevant legal instrument, a legal right cannot exist prior to its passing into law, the limits of which its validity are set by the jurisdiction of the body which passes relevant legislation. Moral rights are not rights in the strict sense, better to see them as moral claims which have the potential to be incorporated into national and international law.For a legal positivist like Jeremy Bentham, there can be no such thing as human rights existing prior to or independently from legal codification. In contrast, Moral rights can exist independently from the ir legal foil. It has been argued that the black majority in Apartheid South Africa possessed a moral right to full political participation in that countries’ political system although no such legal right existed. When rights exist at international level, we speak of them as human rights, but when they are enacted at national level we see them as civil or constitutional right.To develop this even further, one can question the validity of human rights. Firstly, the interests theory approach, which holds that the principle function of human rights is to protect and promote certain key human interests. John Finnis contends, human rights are justifiable on the grounds of their instrumental value for securing the necessary conditions of human well being. The Choice or Will theory, on the other hand aims to establish philosophical validity of human rights upon a single human attribute; the capacity for freedom.Proponents of this theory argue that rights are a manifestation of the e xercise of personal autonomy, the distinctive feature of human agency which should be the core concern of rights. Human rights and Universality In identifying the historical roots of human rights and some basic general conceptual and justificatory approaches’ to the topic, the question whether human rights are â€Å"universal† is to ask whether there are good reasons for believing that the norms and prescriptions contained in the international documents symbolising apply to and obligate all human beings equally, regardless of their cultural, social or geographical location.The argument posed by Rasch is that human rights possess personal character which means in spirit that they cannot intrinsically adhere to the cultural, religious and social differences. This contention will be the basis of the remaining space of this essay. Rasch holds, that both Rawls, Habermas who were inspired by the Kantian project of discerning the rational ordering of human society is the proj ect of a â€Å"universalist ideology† that is homogenous and self justificatory.In other words he is arguing that the natural laws which initially held basic rights of individuals is â€Å"Christianized†. Such is the essence of human rights that truly they cannot be all inclusive and ever embracing. Rasch’s assertion must be examined closely, paying particular attention to the issue about the norms and values inherent in ‘western’ human rights are not the basis for human rights in all corners of the plane Rawls claimed that human rights â€Å"specify limits to a regimes internal autonomy† and that †¦their fulfillment is sufficient to exclude justified and forceful interventions by diplomatic and economic sanctions or in grave cases of military force†. Indeed, it is a generalization to suggest there is a line defined by human rights where national sovereignty ends. The reason being, â€Å"fulfillment† of human rights is a ver y unclear idea, because no country fully satisfies human rights, all countries have human rights problems, some large many â€Å"gross† violations. One of the most significant challenges to contemporary human rights is the presumed objective basis of the doctrine as moral rights.On this view moral principles are inherently subjective in character in that they express individuals’ incomplete preferences Protagoras claimed that â€Å"†¦no persons opinions can be said to be more correct than another’s, because each is the sole judge of his or her experiences†¦Ã¢â‚¬  In modern times, such arguments have been defended by the likes of Richard Rorty, who argues that human rights are based on sentimental vision of humanity, that human rights are not rationally defensible and fundamentally are emanated by sympathetic identification with others as opposed to reason.Kant differentiated between modes of expressions into objective and subjective propositions. He asserted that if an individual’s analysis is not accepted universally then it remains the moral position of the individual, thus a distinction between law and morality. In other words, one cannot assert their moral views and principles on others and expect them to be accepted. Knowledge acquired essentially should be objective in form.But subjective acquisition of knowledge as Kant saw, through individual reasoning or ‘moral law’ of the individual, acceptance of it will raise the individuals knowledge, thus knowledge is a steady cultural effort, In contrast, Michael Foucault argued that acquisition of knowledge should be subjective , he held that â€Å"truth† is the instrument of power’ which should be used to strengthen knowledge.Human rights are related to moral convictions; moral convictions are determined by underlying cultural commitments; underlying commitments differ fundamentally from one culture to another; therefore, the interpretation of human rights must vary fundamentally across cultures. Cultural Relativism is the most fashionable attempts to challenge the universality of human rights. One may suspect that Muslim and Asian critics of human rights suppose that their own views are in fact superior to Western ideas, and that everyone would be better off if their views came to prevail universally. Because ultures differ, and because human rights must vary accordingly, no one culture can go around trying to impose its view of human rights on others. Islam’s characterization of human rights is based on its followers holding true to the word of the religion. A Muslim sees rights much in the same was as a Hindu, a series of duties to the creator, in order to attain the higher freedom of enlightenment at death. The publication of ‘Satanic Verses’ by Salman Rushdie which offended Muslims worldwide, highlights how the western concept of human rights, to free speech can be incompatible with Sharia law.It is undeniable that the international community derives its values from a liberal consensus that is in essence a secularized Christian ethic. The traditionalist Muslims have not been the only critics of the western standard of human rights, until very recently the Catholic Church has been a strong opposition to what it saw as a conquest over the values of Christian community. The hearts of monotheistic religions are in conflict with the basis of human rights.Human rights doctrine is ‘humancentric’ essentially based on the responsibility and autonomy of the individual, the doctrine takes its premise in the authority of the state i. e. secularism and as its primary aim, to prevent abuse of power by the state over the individual. While monotheistic religions emphasis the will of god through the community. A study of prominent religion and development journals revealed that â€Å"religion and spirituality’’ are under represented in â€Å"†¦development li terature and in the policies and programmes’ of development organizations†¦Ã¢â‚¬â„¢The unique case of Re A (Conjoined Twins: Surgical separation), where doctors wished to separate Siamese twins otherwise both would have died, the parents opposed the operation on religious grounds, though the hospital and courts were choosing the â€Å"lesser of two evils† in that if the operation was not carried out the twins would die but if the operation went ahead one would live, the operation was allowed. Such a judgment is clearly confrontational with the religious duty of individuals.Furthermore, cultural imperialisms impact on human rights; Cultures are compelled to accept apparent universal standards because they are pressured to do so by more powerful cultures. Donnelly, contends that the American human rights regime can be explained by the power that lies within it, He believes that the dominant power of united states, in exercising its supreme power ensures support and creation of its interests. Essentially, human rights’ as an objective project is in reality established on subjective norms.The global institutions developed, in the hope to exercise their view of human rights through creation of instruments in the form of universal declarations or agreements, to which all cultures agree to, comply. The preamble to the United Nations Charter, demonstrates the clear declaration of universal intention by all member states to agree to a universal set of standards and norms. Who were behind the utopian ideal? The creation of United Nations was a result of recommendations by United Kingdom and the United States, the new ‘cultural imperialists’. We the United States recognise and accept our deep involvement in the destiny of men everywhere† Such was the sentiment expressed by President Eisenhower. During the creation of the UN and even today the membership is still increasingly western with a low presence of Asian, African or Ara b membership. USA evidently believed it was responsible for peace, security and human rights over other cultures, naturally ensuring that their values and norms become universal and dominant.In addition, the delegation for Saudi Arabia to the committee drafting the Universal Declaration of Human Rights in 1947, expressed that the committee â€Å"†¦for the most part taken into consideration only standards recognised by western civilisation†¦Ã¢â‚¬  The delegation contended that the committee was not to â€Å" proclaim the superiority of one civilization over all others or to establish uniform standards for all the countries in the world†Rawls argued that human rights are â€Å"international and universal† in that they apply to all individuals everywhere, however, such sentimental objections outlined are commonly expressed by not only Middle Eastern states but also Asian countries like China, the reason for this is that â€Å"Asian Values† place the goo d of the community over those of the individual, one can deduct that there isn’t universal consensus on the subject of human rights. Western values inherent in international human rights documents such as the UDHR are in what one can term cultural conflict as there is a clash of difference in values and norms.What can also be deduced from the lack of consensus, is that rights are ‘culture specific’, Human rights appear in the context of particular social, economic, cultural and political conditions. This is unquestionably true, since what circumstances brought about human rights in the west cannot be said to exist elsewhere. China has echoed such attitude in a 1991 white paper â€Å"†¦owing to tremendous differences in historical background, social system, cultural tradition and economic development, countries differ in their understanding and practice of human rights†¦Ã¢â‚¬ The dominance of western thought or ideological heritage in eastern or differ ent legal jurisdictions will not necessarily be accepted; rather what should happen is that human rights should â€Å"be considered in the context of a dynamic and evolving process of international norm-setting, bearing in mind the significance of national and regional peculiarities and various historical, cultural, and religious backgrounds†¦Ã¢â‚¬  In line with the last mentioned point, the issue of political sovereignty is worth noting.A state has national sovereignty to determine matters of human rights locally, rather than relying on international agencies to externally determine national affairs. The issue of human rights falls by and large within the sovereignty of each state. In 1995, the Chinese government confirmed its opposition to â€Å"some countries' hegemonic acts of using a double standard for the human rights of other countries . . . and imposing their own pattern on others, or interfering in the internal affairs of other countries by using `human rights' as a pretext. The West's attempt to apply universal standards of human rights to developing countries is disguised cultural imperialism and an attempt to obstruct their development. It can be emphasized that human rights are harms which the law commits and heals through human rights. They are concerned with the terrible rather than with achieving the best. Their aim is achieving minimally good lives for all people, or so it is claimed. For instance, Article 3 Universal Declaration of Human Rights: Everyone has the right to life, liberty and security of person’. As outlined earlier in the discourse, legal rights are in essence human rights as their basic action is to extend theoretical recognition and respect to all. But, New rights creating new ways of being in common with others else where open the boundaries of community. Karl Marx insisted that political community both upholds and denies universality of rights since rights support and are supported in turn by the inequalities of economy and culture.Economic exploitation of the urban poor through unemployment, low paid wages, poor health of developing countries through unequal trade and rising debt undermines and ultimately destroys the prospect of self determination when daily survival is the order of the day; all aspirations for social improvement or cultural expression are quenched. Thomas Pogge argues that basic human rights ambit of â€Å"securing life, liberty and security† has not been fulfilled That world poverty is an ongoing harm we inflict seems completely incredible to most citizens of the affluent countries. We call it tragic that the basic human rights of so many remain unfulfilled†¦Ã¢â‚¬  If it is accepted, that affluent nations such as USA, France and the UK are the beneficiaries of advancing the universality of human rights and the doctrine is inherently favorable to them, then what Pogge argues is the ‘nexus between our global institutional order and the persistence o f severe poverty ‘, then the injustice of such an order can also be accepted.It cannot be denied that the values of the consumer society cannot be applied to societies that have nothing to consume, since talking about universal rights is rather like saying that the rich and the poor both have the same right to fly first class and to sleep under bridges. What is justified in Britain in terms of legal rights cannot totally be the same in Malaysia. Clearly, there is a distinction of what law is and what is morally correct from the view of collective individuals, community and ultimately a nation.Rights promoting the equality of sexes are a contentious point The Convention for the Elimination of All Forms of Discrimination against Women (CEDAW) was adopted by UN General Assembly in 1979, it codified women’s right to equality in all spheres of life as a global norm. Article 2(f) of the convention imposes positive obligation on member states to modify or abolish â€Å"custom s and practices† which discriminate against women. Cultural differences have practical implications. Whether women’s human rights can be universal is at a moot point, since some cultures are seen as patriarchal like Islam and Buddhism.But a controversial but pertinent example of an approach that seeks to strengthen cultural integrity and individual freedom is India’s Muslim Women (Protection of Rights Upon Divorce) Act. This legislation was enacted after the case of Shah Banu, the Supreme Court of India upheld the right of a divorced Muslim woman to alimony, prompting outrage from Muslim traditionalists who claimed this violated their religious beliefs that divorced women were only entitled to the return of the bride price paid upon marriage.The Indian parliament then passed a law to override the court's judgment, under which Muslim women married under Muslim law would be obliged to accept the return of the bride price as the only payment of alimony. F. Raday cla ims that the most widespread inequality women face is the treating of women as housewives or mothers and not being able to integrate fully in the public domain. Equality, despite assertions of Declarations and Constitutions that ‘women are like men’ and that ‘women are different from men’ is a political construct, as Hegel and Marx argued which is expressed through the legal.The law as Hegel argued is ill equipped to accommodate difference human rights claims therefore involve an inconsistent dialectic between an impossible demand for universal equality that is identifiable with the western man. From the above discussion, it has been expounded that human rights cannot be absolutely universal to accommodate societal differences. What is universally different lies in the cultural as well as religious and gender dissimilarities that is the backbone to incomplete consensus on the subject of human rights.Common Western cultural roots are the basis of internation al treaties establishing so called universal human rights, leading non western cultures to conform to prejudiced norms. The knowledge promulgated in the doctrine is inherently subjective in character embodying the dominant cultural preferences. In reply to William Rasch, human rights cannot totally be justified as they are not completely and entirely impartial so as to accommodate cultural disparity.To paraphrase Oona Hathaway International public opinion have often been lured â€Å"that (in the words of Columbia Law professor Louis Henkin) ‘almost all nation observe almost all principles of international law and almost all of their obligations almost all of the times’†. This assertion can definitely be regarded as false when it comes to Human Rights. Examples can be found involving â€Å"almost† all the countries â€Å"almost† all of the times. It took America nearly forty years to ratify, with qualifying conditions the 1948 Genocide Convention.Fra nce has never transcripted in its national law the UN Charter for the Rights of Children (which has never been ratified by the USA). Last but not least, most of the genocides that have been perpetrated since the end of World War II, have taken place in countries party to the already quoted 1948 Genocide Convention (Rwanda, Yugoslavia, Iraq, etc†¦). In fact, it seems impossible to imagine a way of enforcing Human Rights when one reckons that it is already impossible to enforce the principles of international law. Indeed, the respect of international agreements is completely left to the will of the nations parties to these agreements.The respect (or non-respect) of a signed treaty is a matter of sovereignty and no sanction can be envisaged but a military intervention violating this concept of sovereignty. This is also Carlos Santiago Nino’s stance: according to this author the most serious limitation of the strategy of enforcing Human Rights is â€Å"that the still curren t conception of sovereignty of states impose severe restrictions on the obligations that governments accept by their commitment and on the forms of intervention available to external organs for investigating and punishing Human Rights violations†.The conception of a potential international normative system has to clash with the ideal of self determination because there is no ‘global civil society’. Or in Chris Brown’s words â€Å"properly understood, ‘civil society’ requires an effective state, while ‘global civil society’ is characteristically seen as a substitute for such a political order. Furthermore, it may be doubted that the mind-set required to make a civil society work actually exists in the world today†.For that reason, the application of treaties in the different countries stayed a matter of self-determination and self-policing, leading, of course, to consequent opportunities of Human Rights breaches, and impeachi ng nearly all attempts in enforcing Human Rights.5754 wordsBibliography Universal Declaration of Human Rights (1948) European Convention of Human Rights (1950) The Convention for the Elimination of All Forms of Discrimination Against Women (1979) Re A (2002) Court of Appeal (Civil Division) [2000] 3 FCR 577 United Nations Press Release : MEMBERSHIP OF PRINCIPAL UNITED NATIONS ORGANS IN 2005 http://www. un. rg/News/Press/docs/2005/org1436. doc. htm Charter of The United Nations http://www. un. org/News/Press/docs/2005/org1436. doc. htm Secondary Sources Books Douzinas and A. Gearey, ‘Critical jurisprudence’ (Hart Publishing 2005) W. A. Edmundson ‘ An Introduction to Rights’ Cambridge University Press, 2004 Kraut R, Aristotle: political philosophy (OUP 2002) p125 George. R. P, ‘In defence of Natural Law’ (OUP 2001) J. Nickel. Making Sense of Human Rights: Philosophical Reflections on the Universal Declaration of Human Rights, (Berkeley; Universit y of California Press, 1987) Rawls ‘The Law of Peoples 1999, p 70- 80 Cambell, Ewing and Tomkins, ‘Sceptical Essays on Human Rights’ (OUP 2001) p297-315 R. Rorty ‘Philosophy and the Mirror of Nature’ (Princeton University Press 1981 Kant, ‘Critique Of Pure Reaso’n (Hackett Publishing 1996,) I. Kant ‘Critique of Practical Reason’ (Hacket Publishing 2002) S. Houlgate, ‘An Introduction to Hegel: Freedom, Truth and History’, (Blackwell Publishing, 2006) F. Hegel, ‘On Christianity: Early Theological Writings’, (Harper Torchbooks, 1961) P. D’Entreves and S. Benhabib, ‘Habermas and the Unfinished Project of Modernity’, (Polity Press 1996) K.Hastrup, ‘Human Rights on Common Grounds: The Quest for Universality’, (Martinus Nijhoff Publishers, 2001) Douzinas ‘The End of Human Rights’, (Hart Publishing 2000) Articles S. Tharoor, ‘Are Human Rights Universal? â⠂¬â„¢ (World Policy Journal Vol. XVI, No4, WINTER 1999/2000) F. Raday, ‘Culture, Religion and Gender’ (OUP and New York School of Law,2003, Vol. 1 No. 4) T. Pogge ‘World Poverty and Human Rights’ (Ethics and International Affairs 19, no1. 2005) X. Li ‘Report from the Institute for Philosophy and Public Policy’ Volume 16, No. 2, Spring 1999 J Donnelly,’ Human Rights and Human Dignity’, (American Political Science Review 76 1982,) A.Pagden, ‘Human Rights, Natural Rights and Europe’s Imperial Legacy’ Political Theory’, Vol. 31, No2 (2003) E. Tomailn,‘Religion and Rights Based Approach to Development’ (Progress in Development Studies:2006,6:93) D. Renteln, ‘The Unanswered Challenges of Relativism’ (Vol. 7 Human Rights Quarterly,1985)Yimga, Andre Marie (Human Rights League, Cameroon): â€Å"Are Human Rights universal – a common heritage shared among cultures? † Rasch. W . ‘Human Rights as Geopolitics’ (Cultural Critique 54 spring 2003) Websites United Nations Official Website http://www. un. org/Overview/rights. htmlInternational Humanist and Ethical Union http://www. iheu. org/node/2874 United States Institute of Peace http://www. usip. org/religionpeace/rehr/universality. html President Eisenhower’s Second Inaugural Address http://www. homeofheroes. com/presidents/inaugural/34_ike_2. htmlEssays on Popular Politics and Human Rights http://www. irmgard-coninx-stiftung. de/index. php? id=1

Friday, August 30, 2019

The Concept Of Learning Style Education Essay

The construct of larning manner has been studied by many different methods. Learning manners can be defined as the features and preferable manner in which a individual used to garner, place and treat information ( Fleming, 2001 ) . For Kolb ( 1984 ) , larning manner is the procedure in which a individual receives new information and accomplishments. Sternberg ‘s ( 2001 ) definition of tilting manner is different from that of Kolb ‘s and Fleming ‘s, Sternberg defines larning manner as a accustomed form or preferred manner which a individual uses to make something through different activities over a long period of times. The above definitions have a common point which individual have their ain penchant in larning. If people understand more about their acquisition manner, they can happen a better manner to larn and go a more adept scholar ( Sze, 2009 ) . It helps single to larn new things efficaciously and expeditiously because they understand their acquisition experie nce and cognize the thing which they need ( Sze, 2009 ) . I would wish to utilize VARK and Honey & A ; Mumford to happen out my larning penchant. VARK Test VARK is a set of systematic inquiries which ab initio decided in 1987 by Neil Fleming to supply an person with an apprehension of their acquisition penchant about the manner which an person would wish to take-in and give-out information ( VARK, 2012 ) . The acronym VARK stands for Visual ( V ) , Aural ( A ) , Read/write ( R ) and Kinesthetic ( K ) sensory modes which used by an person to larn information ( VARK, 2012 ) . After I finished the VARK trial, I found that I have a multi-model ( VARK ) larning penchant. The mark spread between the four modes of VARK is really little. I scored 10, 9, 8 and 10 in Visual, Aural, Read/Write and Kinesthetic severally. It means my learning penchant is the mixtures of the four manners. The consequence of the study is rather accurate for me that I am traveling to explicate the results of the consequence with my day-to-day life and learning experience. When I studied in the high sheepskin in concern disposal, I enjoyed the lectors to utilize different diagrams, charts and models which used to depict some complex or abstract theories or information. For illustration, the lector used the diagram to demo the constituents of the Gross national income. It made me to understand and have new cognition more rapidly. Although, I would wish to larn cognition through ocular manner, I would non disregard the read/write class. It is besides of import for me to retain information. When I was making the concluding twelvemonth undertaking in the high sheepskin, I preferred to happen out the utile information from the books and cyberspace. After that, I would observe down some of import information which I may utilize in the undertaking. For kinaesthetic class, it is besides the manner to assist me geting new things through experience or pattern. I had a portion clip occupation last twelvemonth which I needed to put in the visible radiation in diff erent exhibitions. At the first clip I joined the squad, I did non cognize how to put the visible radiation. After the supervisor ‘s presentation and my pattern, I could make it by myself rapidly. I besides like to have and give out sentiments in group treatment. It is because I can have different suggestions and thoughts when holding a treatment. It give me I good opportunity to roll up and increase cognition. As a multi-modal penchant scholar, I can be more flexible to alter my larning manner from one to another to run into different larning or working environment. However, multi-model scholars may experience insecure by merely utilizing one penchant to larn, they may necessitate more than one manner or schemes to have new information ( VARK, 2012 ) . Honey & A ; Mumford ‘s Learning Styles Questionnaires ( LSQ ) The Honey & A ; Mumford ‘s ( 1992 ) LSQ is first developed in 1982 which was based on the David Kolb ‘s Learning Styles Inventory ( LSI ) . Different from the Kolb ‘s LSI which utilizing abstract words, Honey & A ; Mumford ‘s LSQ focal point on existent work activities. It makes the users to understand more easy. LSQ aims to LSQ divides larning manners into four types ; Militants, Theorists, Pragmatists and Reflectors. The study of the LSQ said that I have strong penchant on reflectors. It means that I will seek to understand and analysis the things exhaustively before doing a decision. It is rather appropriate to depict my larning penchant. I had many different group treatments with my squad members when I studied in sheepskin and high sheepskin in concern disposal. I seldom gave out my sentiment instantly during the first meeting. I normally listened to other members ‘ positions and suggestions and so thought what they said is suited for the undertaking or assignment. I would roll up the information from the cyberspace and text editions to turn out my points were right. After I considered different deductions, I would give my sentiments. I do non truly hold that I have a moderate penchant on militant in the study. I prefer to make something practically by following structural instructions. I am non easy to affect in new experience without careful analysis. Restriction of VARK and Honey & A ; Mumford ‘s LSQ Harmonizing to Hawk and Shah ( 2007 ) , there has non adequate research to back up the cogency and dependability of the VARK. Fleming and Baume ( 2006 ) besides said that cognizing one ‘s larning penchant did non intend the individual could better its acquisition. It merely tells us our larning penchant. Personality The alone form of ideas, feelings and behaviours which an person persists over a clip and across state of affairs can be defined as personality ( Morris & A ; Maisto, 2009 ) . After reexamining different definitions of personality, Sadeghi, Kasim, Tam & A ; Abdullah ( 2012 ) besides said that â€Å" to sum up, personality can be defined as a dynamic and organized set of features possessed by every individual that distinctively and unambiguously influences his or her behaviours, motives, and knowledges in assorted state of affairss. † Knowing one ‘s personality helps us to acknowledge ‘real you ‘ which can profit for our farther development of our possible ( Barrett & A ; Green, 2011 ) . Myers Briggs Type Indicator ( MBTI ) The MBTI is a systematic questionnaire which was developed by the female parent and girl squad of Katherine Briggs and Isabel Briggs-Myers which combines the personality trial, calling trial and leading manners test into one ( TeamTechnology, 2012 ) . It benefits us by detecting our thought calling, developing our leading potency, bettering our relationships and intensifying our self-awareness ( TeamTechnology, 2012 ) . Harmonizing to the study of the MBTI trial ( Appendices ) , I have the highest personality types in ESFJ and ISFJ. The chief different between the two highest marking is between extroversion and invagination. It means my hiting spread of these two factors is really little. In my option, both extroversion and invagination are adopted in my day-to-day life which depends on the different state of affairss. As I mention in the Honey & A ; Mumford ‘s LSQ, I prefer to believe something exhaustively before making it. It meets the description of the invagination that people concentrate on a few, deep issues and think things through before moving. If I have to analyse specific issue or point. I can pass a batch of clip to happen out the information through different beginnings by myself. I will be really satisfied that I can understand the job with my attempt. Sometimes, I am an extraversive individual. When I was a lookout in primary and secondary school, I would wish to pass on with n ew squad members. It gave a opportunity for me to cognize more about them. The study besides said that I seek to develop harmoniousness in the relationships and promote cooperation. It is rather right that I think a good relationship of a squad is really of import. Every squad member is valued for a squad. I believe that good teamwork can assist to accomplish the end efficaciously and expeditiously. Significant & A ; Limitation of MBTI Williamson & A ; Watson ( 2007 ) point out making MBTI trial can profit our self-understand and development. It is utile for calling guidance to let people to understand themselves and make up one's mind appropriate calling program ( Kennedy & A ; Kennedy, 2004 ) . On the other manus, many organisations use MBTI to measure their appliers that it is unethical and illegal for them to test out appliers ( Quenk, 2000 ) . It is merely reflect the penchant but non the ability, intelligent and opportunity for successful ( Kennedy & A ; Kennedy, 2004 ) . Team Role Meredith Belbin defines squad function as a inclination to act, contribute and interrelate with others in a peculiar manner in a squad ( Belbin Associate, 2012 ) . Belbin Team Roles has been used in many organisations over the word to place the squad function of different people within the organisation ( Belbin Associate, 2012 ) . Belbin Team Roles Belbin Team Roles trial is a diagnostic tool which used to measure single squad function penchant and find the squad roles balance in a squad ( Partington and Harris, 1999 ) . Nine squad functions are identified in the Belbin squad function trial, they are coordinator, maker, works, recourses research worker, squad worker, implementer, computing machine closer, proctor judge and specializer. Belbin Team Roles are used to place people ‘s behavioural strengths and failings so that it helps to construct productive working relationship and common trust and apprehension within a squad ( Belbin Associate, 2012 ) . Harmonizing to my study of Belbin on-line trial, I have the most preference function in the completer closer with the highest mark from 80 – 90. I besides have penchant function in coordinator, proctor judge and completer closer which I score from 70 – 80 in each of them. It is rather accurate to state that I am a completer closer. When I studied in the sheepskin in concern disposal, I would be responsible for uniting different parts of the assignment and happening out the mistakes in most of the group assignment. And so I would do polish for the portion which can be better. I hope to guarantee the quality of the studies which can run into the criterion and demand of the assignments. However, I may be unduly to worry about the quality of the study which I may inquire my squad members to subject their plants to me every bit shortly as possible so that I can hold plenty for look intoing. Some squad members may revolt the haste agenda. As a squad worker and coordinator, I would wish to ask for every squad members to affect in treatment. I am willing to listen different sentiments from the squad members which help to make better thoughts for the assignments. Restriction of Belbin squad function Knowing one ‘s squad function can non understand one ‘s public presentation in the squad ( Jackson, 2002 ) . It means it can non foretell the squad success by placing an person ‘s squad functions. Furthermore, Belbin squad function has non been proven with high dependability and cogency so that the consequence of the trial may be dubious ( Lessem and Baruch, 2000 ) . Self-awareness – overall synthesis After finishing different trials in the above parts, I have more consciousness of my learning manner, personality and squad function penchant. It gives me an overall analysis to understand myself profoundly by placing my strengths and failing. Strengths The VARK shows that I have I multi-learning penchant which means I can larn and retain new cognition in more than one theoretical account. It makes me more flexible to treat different cognition in different state of affairss. Harmonizing to the consequence of my learning manner penchant and personality, it shows that I am a careful individual. I prefer to listen to different people ‘s sentiments and observe their felling and behaviour. And so I will seek to roll up the utile information every bit much as possible to assist me to analysis a job. After analysing the job thoughtfully, it will give my sentiments. In conformity to my personality and squad function penchant, I would wish to advance a harmoniousness working environment. I would present cooperation and teamwork that I will experience at more easiness to bring forth better work in this environment. Failing There has failing in holding a multi-learning penchant. It is similar with the failing of my personality which my clip direction accomplishment is comparative hapless. I like to detect event from many different positions. I will blow a batch of clip to roll up information. As a multi-learning penchant leaner, I frequently need to utilize more than one theoretical account to guarantee the apprehension of the new cognition. Sometimes, it makes me annoyed by analysing the relationship between the thoughts. I normally waste tonss of clip in analysis subdivision without existent execution. It normally makes me to make the work in the last minute. Although, the occupation may be small spot busy, I can complete it on clip. My personality and squad function shows that I concern the relationship between others. It is hard for me to reject one ‘s thought whether I may non hold with the point. I scare that I will lose the relationship or make a struggle in the treatment. I may lose some o pportunities which may do the work better. Career Choice and Life-Long Learning Career Choice Hong Kong is one of the universe ‘s tenth largest trading economic systems ( HKTDC, 2012 ) . Harmonizing to the official research, Hong Kong was managing an increasing sum of offshore trades ( HKTDC, 2012 ) . At the terminal of the 2011, Hong Kong has 120,273 import and export companies which employee 495,847 staffs ( HKTDC, 2012 ) . The import and export industry besides accounts for 19.8 % of GDP in Hong Kong ( HKTDC, 2012 ) . I am rather interested in this industry so that I choose to choose merchant as my calling. Merchandiser is rather active place in the occupations market ( Jiujik, 2008 ) . The measure of merchant is normally deficient in the industry, particularly in the senior merchants who rich with experiences in procurance ( Jiujik, 2008 ) . Procurement includes many facets in different industries, such as banking, hotel and retailing which merchants have to buy different merchandises or services through different channel over the universe. Merchandiser pays an of i mport function to secure the needful merchandises, stuffs and services in a sensible monetary value with good quality. It helps to salvage cost of production or operation and construct up a repute if there is a good merchant in a company ( Jiujik, 2008 ) . In my calling way, I decide to be a merchandiser aid to have related experiences in the first 2 twelvemonth and so to go a existent merchant. The demands and duties are similar in this two places but merchandiser require past experiences. As an entry degree, the demand is non really high. Harmonizing to the occupation adverts ( appendices ) which I have found, it require merchandiser to hold F7 or above instruction making. Applicants should hold good bid of English and Mandarin. They should be independent, hard-working and well-organization so that they can manage their undertaking by themselves. They should besides be willing to larn different things when they enter into this industry. Merchandiser need to follow up sample development and undertaking which aims to keep the quality of merchandises. Based on the research in JobDB ( 2012 ) , being a senior director normally requires minimal 8 twelvemonth experience in buying sector. I will province in the place or merchant to roll up a dequate cognition and experience to catch the place of merchant. Finally, I hope I can go a sourcing director which I can able to take a buying squad. After holding more understanding about me by making different trials in subdivision A, I found that some of my personality and strengths can fit the demands of this calling. I will discourse in the undermentioned portion. Career and myself Strengths I will discourse the consequences of the three self-assessment trials with my calling pick in this portion. My strengths and failings which have found out from the trial will be used to analysis the lucifer and mismatch between myself and calling. I found I have multi-model learning penchant. It gives me an ability to larn things with different manners. It can increase my connotation to larn because I will non merely concentrate on a individual manner to have cognition. The mark is particularly high ocular and kinaesthetic sectors among the four manners. They are rather utile for me to see different artworks and figures in related to procurance and look into the samples of merchandises by following anterior presentation. The study of the LSQ besides said that I have strong penchant on reflectors. I prefer to understand and analyse an event exhaustively and so do a treatment carefully. Bing a merchant, particularly in senior place, single should analysis assorted facets of information which may be positive or negative and so doing a determination. The incorrect determination may act upon the company repute and concern gross so that the feature of reflector can extinguish the hazard of doing incautious determination. For the personality, it is similar to the consequence if LSQ trial which I prefer to believe something exhaustively before making it. It means I am a careful people which I am truly to make impulse action. I will analyse the issues profoundly and so doing determination. The consequence besides said that I besides seek to develop harmoniousness in the relationship and promote cooperation. It is rather of import for merchant to hold a good relationship in workplace. It is because merchant has to work with different direction degrees and sections to understand their demands and make procurement study. Based on the consequence of Belbin squad functions test, I have the highest grade in rival closer. The feature of this function is rather helpful for me to being a merchant. Merchandiser has to manage different paperss and programs related to procurance. As a rival closer normally seek to happen out the mistakes by look intoing the paperss carefully to guarantee it can run into the related demand. It can cut down the chance of doing errors. Failings There are some mismatch between my calling pick and myself. Although I have multi-model acquisition penchant, my aural sector is comparative low comparison with ocular and kinaesthetic sector which my communicating accomplishment is comparative weak. Merchandiser normally needs to hold dialogues with provider straight to discourse the footings of contacts or others. The weak public presentation on aural sector may act upon the dialogue if merchants can non reassign the messages clearly. Bing a reflector, I may besides pass excessively much clip on believing without doing concluding determination. It may act upon the undertaking to follow the planned agenda. It males haste agendas which I have to complete my occupation at the short period of clip. I may non be able to do speedy determination if I can be being a merchant in direction degree. As I have mentioned that personality and squad function trial point out that I promote cooperation and teamwork. I would wish to keep a good relat ionship with each others. There may be a job which I may allow my emotion to impact my determination devising. I may lose some opportunities which I can acquire better consequence because I may concern more about on relationship than that of results. It may non mismatch whit the demand if I need to concentrate on consequences earnestly in dialogue. Movable accomplishment Based on the occupation demand and duty in occupation adverts, I found there are some movable accomplishments which I may necessitate to be required to carry through the occupation responsibility. Movable accomplishment refers to the non-specific accomplishments which can be taken from occupation to occupation by an person ( Watson, 2003 ) . It is of import for single ‘s calling way development. It is found I have some movable accomplishment, such as job resolution accomplishment, teamwork accomplishment and basic concern cognition which may be good to my calling development. Teamwork accomplishment is critical in the workplace which can do employees to accomplish greater occupation satisfaction, improved coaction, occupation ownership, increased pride and higher self-pride ( Parnell, 1996 ) . As a lookout in secondary school, it makes me understand the of import of teamwork. For illustration, the undertakings, such as fliping the collapsible shelters, cleaning the campus or doing the dinner will be assigned to different of teammates so that we can accomplish our end rapidly through teamwork. Problem work outing accomplishment means that single can analyse a state of affairs, find the existent job, happen out any possible state of affairs, measure each of the solution and choose the best solution to work out the job ( Knippen & A ; Green, 1997 ) . The concern environment is altering dramatically which people may confront different job every twenty-four hours. Having job work outing accomplishment helps to utilize better method to work out the job. Bing a lookout, I besides need to command the different state of affairs when holding activities. I will confront different question from others which I have to react to them instantly. It has enhanced my job work outing accomplishment at that clip. Basic concern accomplishment is besides required in workplace. Employer has a high involvement in employees with concern accomplishment who can command the budget, make fiscal projection and place possible concern chance ( Watson, 2003 ) . As a concern pupil in sheepskin and high sheepskin of concern direction, I have learned many basic concern cognition and constructs. The enfranchisement of LCCI besides proved that I have the basic cognition to manage fiscal paperss. To develop my calling way, I need to better more utile movable accomplishment to run into the demand for my future calling. It includes clip direction accomplishment, dialogue accomplishment and clip direction accomplishment. Time is valuable in today ‘s concern environment. Employers hope their employees to make the most things with the least clip. Individual with good public presentation on clip direction is critical to accomplish improves quality of life, independency and success in employment ( Green, Hughes & A ; Ryan, 2011 ) . If I can heighten my clip direction accomplishment, I can complete my articulation following agenda. Bazerman & A ; Neal said the dialogue is a soft accomplishment which is of import to managerial success ( 1992 ) . Peoples normally need to negotiation with others, such as provider, client or director achieve different end. Commercial dialogue accomplishment is the procedure which an understanding is constructed between purchaser and marketer by work outing differences of sentiments within them ( Farrington and Waters, 1994 ) . The commercial dialogue is besides a cardinal component for concern success ( Ashcroft, 2004 ) . It is utile in procurance sector to acquire better contract with provider through dialogue. If I have the opportunity to go a leader in direction degree, I have to better my leading accomplishment. The function and procedure of leading are in acquiring way, making alliance and nurturing committedness in a group of people ( Johnson, 2000 ) . Lifelong acquisition As the publicity of globalisation, people have to considered more facets of direction when making concern ( Danos & A ; Richard, 1990 ) . Peoples have to fit more accomplishments to vie in today ‘s altering concern environment ( Robert & A ; Donald, 2001 ) . Lifelong acquisition is argued to be a critical characteristic for single to stay competitory in planetary environment ( Nicoll & A ; Fejes, 2011 ) . Minshell, Butterworth & A ; Henderson states lifelong larning which acquisition is non confined to childhood or the schoolroom, but takes topographic point throughout life and in a scope of state of affairs ( 2009 ) . Lifelong acquisition helps us to heighten our employability so that it is of import for our calling development ( Mckenzie & A ; Wurzburg, 1997 ) . Language accomplishment is of import in the workplace which person has to pass on with people from different states. Putonghua and English are rather of import in today ‘s concern environment. My public presentation in talking Putonghua and English is non really good. I will fall in some short-run class of Putonghua and English to better my linguistic communication accomplishment. Harmonizing to the occupation advertisement of merchant in occupation market, they normally require appliers who can talk English and Putonghua. If I can talk these two linguistic communications swimmingly, I can reassign my messages to the people clearly. I decide to increase my cognition in the supply concatenation direction by analyzing the Maestro of Science in operations and supply concatenation direction in City University of Hong Kong. I will roll up sufficient experiences and ability in this industry for several old ages so that I can hold adequate making to use the maestro grade. The class aims to enable pupils to use modern analytical and managerial accomplishments which used to ease job designation and analysis at all degrees of operational pattern and determination devising in supply concatenation direction. This advanced cognition will profit my calling development particularly in direction degree. I besides would wish to fall in the dialogue accomplishments in workplace certification class which held by private institute. It can portion many existent experience and accomplishments to pupil by professor ( Timeway, 2013 ) . Different dialogue accomplishments besides will be shared in the workshop. I will analyze class after when I graduated so that I can negotiation with provider in a better manner. It can besides increase my ability to use the occupations. To maintain the peace with the altering market environment, I will seek to acquire the newest industry information through different channel. For illustration, I can take attending on some profession web sites or HKTDC ‘s official web site to understand the industry cognition.

Thursday, August 29, 2019

An overview and history of rape laws in the UK

An overview and history of rape laws in the UK Disclaimer: This work has been submitted by a student. This is not an example of the work produced by our Law Essay Writing Service . You can view samples of our professional work here . Rape in UK courts and law The Rape Crisis Federation (hereinafter RCF) was founded in 1996 as a national co-ordinating body for the rape crisis association in England and Wales. The strategic intentions of the establishment had been to secure a voice for the sixty three self-regulating, locally based rape crisis groups that represented its membership; to lobby and campaign for amendments in legislation on sexual violence and to acquire statutory funding for rape crisis centres. [1] RCF was a powerful and vociferous campaigner for female survivors of sexual violence and for the services that are to present support for such women. It effectively petitioned on a considerable amount of legislative and policy related matters, for example, the Youth Justice and Criminal Evidence Act 1999 and most recently the Sexual Offences Act 2003. It was not however triumphant in protecting statutory, central funding for rape crisis services in spite of campaigning to bring England and Wales in lin e with other European countries. It frequently lobbied the Government on ensuring that the rights of women in England and Wales were corresponding to those women elsewhere in Europe but with no advantage. In November 2003, RCF was closed due to a lack of funding. The closure of the establishment was by no means owing to a lack of requirement for such a body. Indeed, there were 5,759 reports of rape in 1996 and by 2003 there were reports of over 9,000. [2] The conviction rate for rape is approximately 5.8%; revealing the worst intensity in the whole of Europe. [3] Nevertheless, RCF has presented the Government, the Police, the CPS and several other associations with knowledge on the subject of sexual violence. It has performed on a global level, working with groups, both in Europe and internationally, to force the concern of sexual violence securely onto the political and public agenda. [4] The concerns relating to sexual violence are remaining and the rape crisis movement will, i t is submitted, deeply miss the dexterity of a national organization. For this reason, the support of victims of rape has been severely tarnished by the Federation’s closure. The lack of support of rape victims is emphasised by the special rules of evidence and procedure for rape trials. These provisions have caused considerable controversy and reflect further the lack of support offered to victims of rape. The ensuing discussion shows that this lack of support is symbolic in the current law of rape. Until 1994, a mandatory corroboration declaration had to be specified at a rape trial. It intended that the judges constantly had to advise the jury that it was injudicious to convict on the woman’s evidence alone. That did not indicate that there could be no conviction without evidence corroborating what the woman alleged, although evidently juries may place great significance on what the judge had to disclose, and the caution could have presented uncertainties where non e would have existed without it. The caution seemed to mean that women were liars, and prone to claim rape where none had taken place. In 1991 the Law Commission suggested that the corroboration decree should be eliminated and the Royal Commission on Criminal Justice in 1993 agreed. Owing to these recommendations, and prevalent disapproval of the caution, ss. 32 and 33 of the Criminal Justice and Public Order Act 1994 eradicated the mandatory corroboration declaration. On the other hand, this does not straightforwardly resolve the predicament. Even though it is not at present mandatory to issue the caution, judges may still supply it where they deem it to be crucial and, given the assertions which some of our judges have declared on rape, it is dubious whether this responsibility is reliable at their discretion. [5]

Wednesday, August 28, 2019

Assignment for HS 110 Term Paper Example | Topics and Well Written Essays - 1250 words

Assignment for HS 110 - Term Paper Example thrax as a bio-weapon affected not only the US Post Office, but medical centers that were burdened by the need to stock preventative medicine that had been rarely used before this time. The threat of anthrax coming through the mail became a terror that affected the whole nation and made real the idea that bacteria could be used as a weapon. The events were like something out of a movie. On October 5, 2001 a man in Florida died from what was thought to be an isolated incidence of anthrax. According to an article by PBS there was no need to think that this isolated incident could be tied to terrorist activity. Tommy Thompson, White House Health Services Secretary announced that â€Å"this is an isolated case and it’s not contagious† (PBS). This was not to be the case, however, as a new evidence of outbreaks lead to an investigation that found letters that contained a dog kibble like substance that was the source of the bacteria. Although letters were not found, evidence of the illness cropped up at the three major networks, ABS, CBS, NBC, and at the New York Post. There is a belief that at least five letters with anthrax bacterium was sent to those outlets. The first man to die, Robert Stevens, worked at a Florida based tabloid, the Sun. The National Enquirer was also targeted in Boca Raton (Security Info W atch). Letters were found to be sent to Senators Tom Daschle and Patrick Leahy, but the letter to Leahy had been sent to the wrong address and a postal worker contracted the illness as a result. When letters began to appear to the government, postal service to government offices was shut down and the procedures for testing for evidence of the bacteria in the mail began (FBI). On October 16, 2001 Attorney General John Ashcroft stated that â€Å"When people send anthrax through the mail to hurt people and invoke terror, it’s a terrorist act† (Army.mil). From this point on, the established framework for the investigation was that of a terrorist act. The FBI lists

Tuesday, August 27, 2019

Consumer behavior Assignment Example | Topics and Well Written Essays - 1000 words

Consumer behavior - Assignment Example Her decision to buy a specific vehicle was influenced by several important qualities she demanded in a new vehicle. The car had to be safe, extremely fuel efficient, comfortable, with a stellar reputation for safety, reliability and low repair costs among current owners and professionals alike. As a working mother she needs a reliable, fuel efficient and inexpensive to insure vehicle to commute and be able to depend on her vehicle for everyday errands and for fun. After interviewing her and finding what her true wants and needs are we came to the conclusion that her need for a good looking, roomy, reliable vehicle with low operating costs outweighed all other attributes like performance, status or size of the vehicle. In her case the 10 year/100,000 mile power train warranty offered by Hyundai for all their vehicles was the best in the industry and provided the peace of mind and reliability she was after. Today’s customers often seek reliability on the products they buy, but l ike all other major purchases the product has to speak to the customer. Her main concern and true high-level need was â€Å"peace of mind†, having an efficient, comfortable and brand new reliable vehicle he can depend on for work and fun for years to come coupled with the exceptional warranty achieved her goal. The desire and higher-level motivation to being â€Å"in control† and not have to rely on friends or family for transportation weighted heavily on her decision to purchase the Elantra. The always popular and reliable 2012 Toyota Corolla was a close second vehicle which she could afford based on her budget, but the corolla was more expensive similarly equipped and did not provide the same warranty as Hyundai. Another higher-level need which was fulfilled with the purchase of the Hyundai was need for safety and freedom a dependable vehicle provides to the owner. B) Their brands and specific model attributes chosen from Hyundai and Toyota played a major role in dec iding which older Japanese economy vehicle provided the best historical reliability rating, lowest overall investment costs and resale price. C) The marketing department for both Hyundai and Toyota can learn from this example in order to benefit their brands as a whole. Marketing professionals can utilize the gamma of available information from credible professional reviews, long-term consumer and expert tests and long- term reliability ratings and reviews from thousands of owners to better create a true picture of the company and their products and how consumers perceive their brands. Both companies can use consumer data to compile databases which can help provide objective data for comparative and statistical analysis about their products and the competition. Hyundai has made strides forward becoming one of America's favorite car brands and even the automotive giant Toyota can learn a few lessons from an up and coming brand like Hyundai. Marketing managers can also gain insights a bout the public perception of their products, the subjective factors that drive consumer decision making, as well as their overall brand image. In conclusion the brand's historical ratings, reputation, innovation, exceptional value and warranty of their products are the main factors that came into play when deciding to buy a replacement vehicle for this consumer. Whether you are evaluating a brand new 2013 Hyundai Elentra or 2013 Toyota Corolla the same factors come into play when making the

Monday, August 26, 2019

CONVERSING WITH TWO OR MORE WRITERS Essay Example | Topics and Well Written Essays - 1000 words

CONVERSING WITH TWO OR MORE WRITERS - Essay Example Although Matt Miller and Susan Headden appear to be making two different points, they actually agree that the American education system demands a degree of standardization. Matt Miller’s arguments concerns with reforms that encompass every part of education. Unlike Susan Headden, he makes an argument stretching beyond assessments. In the beginning of his article, Matt Miller gives the example of a nationalistic figure, Horace Mann, in advancing his thesis (Miller 1). He cites Horace’s ideas of developing common schools that would thrive on public funding and attendance by all students. His arguments stretch over the whole spectrum of American educational landscape by arguing that the curriculum should face national management. On the other hand, Susan believes that lack of standardized assessment deters the progress of education (Headden 1). She states that it is difficult to make educational policies if stakeholders do not have adequate representation of the real system. Both authors agree that financial inequity and limited finances are responsible for the problems stalling the progress of the American educational system. Matt argues that America has a regressive tax system that offers more benefits to the rich than it offers to the less privileged individuals. This means that the rich individuals have limited proportion of their wealth in tax form while the poor have a large proportion of their wealth in taxes. This creates an educational implication on communities while raising funds for schools. Schools in rich neighborhoods can easily raise more funds per pupil since the rich possess significant wealth in high-value property. On the other hand, segregated communities cannot easily raise proper funds in terms of dollars per pupil. Since taxes represent a sizeable percentage of school funding, poor schools faces difficulties in raising funds for essential activities such as

Sunday, August 25, 2019

Media planning Case Study Example | Topics and Well Written Essays - 250 words

Media planning - Case Study Example It will target the individuals that will participate in running or racing, it will target the sponsors and clients that need the checkups for the cervical cancers. McDougal (2015), coming with media of choice to reach such a diversified audience becomes supreme. It will need to use multiple media or one that is most used. For the major sponsors of the event, a direct and focused media such email can be used because they are helping by directly being involved in the event. For the participants that will be on the race, social media such as Facebook, website of the hospital or twitter can be used since most of the people are young and they embrace them. Foster (2012), by doing combined media approach, it become tranquil in reaching many and relevant audience making it a success. Television can also be used, though at prime time such as most watched programs and news to have the opportunity of having many who viewed

Analysis an issue Assignment Example | Topics and Well Written Essays - 250 words

Analysis an issue - Assignment Example However, this requires self-discipline and coherent thinking abilities which are lacking among many drivers. However, people often find themselves in situations that force them to text while driving. For instance, emergencies arise and the driver is required to communicate with another party to be directed or informed about the emergency. The driver may not have the chance or time to drive off the road. Such emergencies are common and the law should recognize them. Apparently, the argument that drivers who text while driving should be cripplingly penalized is based on the idealistic axiom that the driver is texting to be informed on some casual matters or to be entertained. Conclusively, the value of human life is precious than anything else. The law is out to protect lives and we need to abide by the law. You should not be a narcissist or think of yourself as a superhero on the road. Be attentive, prioritize driving, and circumvent distractions. In this way, you as well as other road users will be

Saturday, August 24, 2019

None Assignment Example | Topics and Well Written Essays - 250 words - 17

None - Assignment Example As matter of fact, the Hindu community must have moved from somewhere. Secondly, Hindu religion traces its origin sometime just before the onset of modernization (Bryant, & Patton, 2005). Notably, the timing of the start of Hinduism and Aryan migration rhyme; supporting the AIT arguments. Moreover, the immigration is assumed to consist of different ethnic groups who after settling united to make a common language and culture. Every theory must be criticized by at least one scholar given that people make different opinions. The critics of AIT are not strong enough to question its viability. For instance, the Aryan inversion theory is based on existence of dead bodies found in a cave (Bryant, & Patton, 2005). However, there is no precise evidence that these bodies were massacred, hence terming the whole theory a weak critique. Though, its not clear whether the Aryans found natives in the region, no invasion evidence exists either. Moreover, the invasion theory was meant to protect colonizers. Culture and social setups differ and may sometimes irritate. Public relations advocate for understanding and accommodating every person’s culture in order to coexist. However, the understanding ought to be two-way, otherwise one party will be humiliated. Non- western cultures are complicated. To me Japanese culture irritates. Though the shame culture has build their reputation, consulting before their tribesmen before making any decision irritates. Secondly, treating strangers with excess suspicion retards their socializing