Sunday, June 7, 2020
Race Relations Closed American Society In 1800S - 825 Words
Race Relations: Closed American Society In 1800S (Research Paper Sample) Content: Race RelationsName:Institutional affiliationsRace RelationsClosed American Society in 1800sDuring the 1800s, the race relations in the US suggests that the American society was closed. For instance, in the 1890s racism was intense to an extent that the process can be described as horrifying and intense racial violence. The oppression of the African American race sustained the political racism in America.The enactment of the legislation in 1865, after the American Civil War, enabled the African American race transportation across the state. Besides, the state enacted a legislation that declared illegal discrimination based on skin tone. The legislation also reinforced the rights of the African American race to vote. Even so, the African American race remained subject to bigotry, hostility, and persecution, even though the enactment of the anti-racial legislations aimed at addressing the racial segregation.The majority of the Whites perceived that the blacks were inferi or in social, political, and economic perspectives. The closeness of the American society can further be demonstrated by how African America race was regarded as second-class citizen. Many white Americans preferred not to integrate with them. Further, they overlooked the question of equal rights (BBC, 2014).Secondly, the culture of slavery dominated in the 1800s, particularly in the North and West of the US. A big number of African American race lived in the Southern states after the Civil War where the white supremacy dominated. The white supremacy held that all other races, especially black, were inferior. Therefore, the white race perceived that they should dominate the society.In addition, the closeness of the American society was contributed by legalization of racism in some states such as Alabama. Such laws enforced segregation of the African American race, which reinforces the inferiority category of the black citizens. To mention, the African America society had limited oppo rtunity to move up in terms of education. The law that upheld that black American should study in different schools attributed this. Moreover, segregation was practiced in public transport, workplaces, marriage, and public places such as cinemas, shops, and theatres (BBC, 2014).Way towards Freedom and DemocracyThere were notable attempts by the America society to adopt the idea of regaining freedom from the dominating white race. For instance, between 1829 and 1834, America experienced grievous race riots in which African- American that owned churches, schools, and businesses were looted. Some African Americans who were in the streets were beaten. In pursuit of their rights, some of them filed their grievances with the courts for hearing. However, the courts dismissing their pleas (Knight,2003). The abolitionist organizations and African America civil right movements pleaded and petitioned in attempt to disapprove the Pennsylvania Constitutional Convention of 1838 that would limit the voting right of white freemen. These petitions aimed at legitimizing African Americans to take part in voting (Otter, 2010).In 1982, Denmark Vesey, a leader of of the black, organized a major revolt in Charleston to end slavery. His contribution to attaining freedom is noted in 1818 where he took part in establishing the AME church in Charleston (Rodriguez, 2007). Maria Stewart made an attempt in 1832 to increase democracy by launching a public career as a pamphleteer and speaker. She was among the first African American political activist that established freedom struggle and political activism among the black women. She encouraged black women to acquire equality by becoming pioneers in careers such as education innovators, school founders, and teachers (Independence Hall Association, 2015).In 1837, there were a number of attempts to free African American slaves. Abolitionist, Robert Purvis, established the Vigilance Committee to assist fugitive slaves. His mission enabled one slave per day to acquire freedom. Further, the year saw the establishment of the Antislavery Convention of American Women. The gathering composed of interracial followers whose mission was to unite female antislavery groups to promote an anti-slavery agenda (Independence Hall Association, 2015). In the same year, the Institute for Colored Youth was established to promote the right of African American society to attain education (King,2006).Further attempt of attaining democracy was portrayed in 1867 in which black voters took part in elections held in the District of Columbia. The state granted the blacks the franchise that resulted in the rise of new political leaders from the black society. Moreover, the ratification of the Fourteenth amendment in 1868 made black race recognized citizens. The white voters based in Iowa, passe...
Sunday, May 17, 2020
The Constitution And Its Effects On The United States
The constitution was the secound type of government on the Untited States.It s a document that explains, how the government should act; what it can do and can t do. The constitution is divided into seven articles. Article one establishes the legislative branch. It talks about the necessary and proper clause which means that congress has the power to pass any law that is necessary. It explains expressed powers and implied powers. Expressed powers are the power to tax, to raise an army and a navy, power to coin and to regulate inter state commerce. Power to impeach and remove the President, Supreme Court justices and federal judges for treason, bribery and other high crimes and misdemeanors, Senate confirmation of treaties, Senateâ⬠¦show more contentâ⬠¦And the Congress may by general laws prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof.â⬠Privileges and Immunities Clause ââ¬Å"The citizens of each State shall be ent itled to all privileges and immunities of citizens in the several States.â⬠Article five talks about the process of amending an amendment. Article six talks about the supremacy clause. States that in any case where there is a conflict between state law and national law, the Constitution or federal treaties, the latter shall take precedence over the former. Article seven talks about the approval by conventions of nine of the states was required to ratify the Constitution. The bill of rights are the first ten amendments of the constitution. The bill of rights was made to try to protect everyones rights and freedom. amendment one allows to freely exercise any religion. to express themselves by allowing us the freedom of speech and to peacefully assemble. The secound amendement guarantees the right to bear arms. The Third Amendment makes it illegal and unconstitutional to allow soldiers to temporarily reside in private homes during peace time without the permission of the owner. Th e only time it is legally allowed to have soldiers live in private homes without the permission of the owner is during wartime. The Fourth protects citizens from unreasonable seizures and searches. The Fifth Amendment protects against double jeopardy,
Wednesday, May 6, 2020
Essay on Gendered Self - 1139 Words
Sociology 202 Bovin Som Dr. Holzgang 11/19/2012 Gendered Self From January, 1991, the day I was born, I have been given a status, class, and expectation from both my family and the society. A status that was obtains involuntarily at birth, as a son of a Cambodianââ¬â¢s governor, and the only male in family after my dad. It was determined that my sex, the biological distinction between male and female, was male. From that moment, my parents used my gender, personal traits of the society to determined how they going to raise me. Expectation and demand for perfection is pressured upon me because my parents are Cambodian Chinese, where the Chinese culture looks up to the son of the family as a family heritage, and continuity of the familyâ⬠¦show more contentâ⬠¦I always looked up to them because they are ââ¬Å"white peopleâ⬠. In classroom, the males are very smart and athletics, but when I reached high school I start to realize because of race inequality in school, this is why they seems very smart. Most of my teachers are white Eng lish; they called and spent more time with the white kids and they get away from troubles, especially the males. One reason why boys donââ¬â¢t seem to care if theyââ¬â¢re wrong is because itââ¬â¢s virtually always their faces they see illustrated in the content of the courses; they know they can make mistakes, because they will continues to be centrally reflected in course content (Kimmel, p.199, 2010). What Michael Kimmel stated above is true for me at home, but not at school because I am considered as a minority in school. Religion is a very important part of my daily life. Buddhism is embedded to by identity, where everything we do have to be accordingly, including holiday, family gathering, and socializing in some way. Religion is what brings us together; however, it is a social institution that employs people, in which people have careers, earn livings, and make a most secular life for themselves (Kimmel, p.237, 2012). According to Kimmel, Buddhism is a male dominated religion because there are only males that could be monks, and females could only participate in ceremony, but not conductingShow MoreRelatedChanging Organizational Practices Of Contemporary Companies1262 Words à |à 6 Pagesworkplace. Specifically, how identities, sense of self, and differences ultimately affect the choices that organizational members make when accepting, negotiating, and resisting domination in the workplace (May et al., 2005). In our research, we hope to discuss alternatives to dominant narratives, while at the same time not completely dissolving them. We agree that identity can be a person s best asset in today s workplace. A personââ¬â¢s unique sense of self has become more and more apparent and applicableRead MoreEssay about Factors That Influence Gender Identity756 Words à |à 4 PagesIdentity is most simply defined as a persons own sense of self; their personal sense of who they are. Identity development is intrinsically linked with adolescence because, according to Santrock citing Marcia Carpendale, ...for the first time, physical, cognitive, and socio-emotional development advance to the point at which the individual can sort through and synthesize childhood identities and identifications to construct a viable path toward adult maturity. We often see the results of thisRead MoreIndividual Subjectivity And The Question Of Selfhood Essay2046 Words à |à 9 Pagesnew identity in North America. To what extent, then, is Lucy able to change her selfhood? How malleable is a personââ¬â¢s individual subjectivity? To answe r these questions, it is important to evaluate what affect various factors had on Lucyââ¬â¢s sense of self, paying close attention to her race and gender, the other people and the society that she chooses to surround herself with, and her own internal desire to change who she is. After exploring these topics, it should be safe to conclude that alteringRead MoreIntroduction During the past 10-15 years video games and movies have been in constant competition.600 Words à |à 3 Pagesby Albert Bandura. The social cognitive theory says that ââ¬Å"media messages serve as meaningful source for the acquisition of ââ¬Å"gender-linked knowledge and competenciesâ⬠and the development of expectations of gender roles and conduct, self-evaluative standards, and self-efficacy beliefsâ⬠. The researchers tested using two different studys. The first study tested ââ¬Å"codedâ⬠the primary and secondary characters in 20 top grossing teen movies between 1995 and 2005. The characters were coded based on whetherRead MoreIdentity And The Concept Of Self1217 Words à |à 5 Pagesseveral things about identity and the concept of self. Self concept is the intellectual and theoretical awareness and constant regard that conscious beings hold with regard to their own self. Elements of a persons self concept include but are not limited physical, psychological, a nd social attributes and can be affected by its attitudes, habits, beliefs and ideas. These factors can each be condensed to the common ideas of self esteem as well as self image. Many of the achievements and failures thatRead MoreThe Effects Of Media On Women s Self Esteem1327 Words à |à 6 Pagesin low self esteem and further deepening gender inequality within our society. I will argue this by discussing the effect media has on womenââ¬â¢s self esteem, how the media promotes a patriarchal society and the stereotypes it presents to the public. Finally, I will discuss the sexual objectification of women presented in the media and later examine how individuals have taken this matter into their own hands, and are using social media to create positive change. The media promotes low self esteemRead More The Search for Self in Tirra Lirra by the River Essay2806 Words à |à 12 PagesThe Search for Self in Tirra Lirra by the Riverà à It has been suggested that Tirra Lirra by the River can be regarded as a novel which aims eventually at a better understanding2. In my opinion understanding is achieved at two levels in the novel. The first type of understanding is personal and introspective, and is discovered by the central character. The other is societal, achieved through allegory and symbolism, and aimed at the reader. Jessica Anderson aims to develop this dual understandingRead MoreThe Effects Of Media On Women s Body Image1242 Words à |à 5 Pagesin our individualistic society. Modern beauty image standards which favor thin body image create an unrealistic expectation on young women, often resulting in eating disorders and other destructive practices, like self-harming, unnecessary or elective cosmetic surgery, decreased self-esteem and the use of harmful substances, like diuretics. Eating disorders is one of the many causes that women deals with. The effect of media on womenââ¬â¢s body dissatisfaction, thin ideal internalization, and disorderedRead MoreFactors and Effects of Low Body Satisfaction2082 Words à |à 8 Pages To understand how people feel about themselves, researchers have investigated body image, body satisfaction and self-esteem. In the scientific literature, adolescentsââ¬â¢ body image has received enormous attention, but research has focused predominantly on girls and body dissatisfaction, rather than positive body image. Low body satisfaction has been associated with the development of mental health conditions, both eating related and global, hence focus on body dissatisfaction is warranted. StudiesRead MoreGender Differences Of Political Speech1166 Words à |à 5 Pageslights on factors such as situational demands, power access, and social roles that influence the gendered identity. This paper intends to analyze gender-related differences in the acceptance speeches delivered by Hilary Clinton and Donald Trump. Particularly, it explores strategies both candidates used not only to discuss their different plans as prospect US presidents but also reflect their gendered identity. Coming from different political parties, it is obvious that each candidate would have
Communication Skills Social Responsibility Strategy
Question: Discuss about theCommunication Skills for Social Responsibility Strategy. Answer: Turning Waste into Gold in Deprived Community: It is needless to say that the ulterior motive of any organization is profit maximization. However, if an organization intends to sustain itself in future, it must be able to conduct business in a more responsible way. This particular discusses and examines the Corporate Social Responsibility strategy that is being adopted by the emerging organization, Goldfinger[1]. Although Goldfinger is a newly emerging organization, the organization has rightly decided to operate its business activities in a very responsible way. Consequently, the furniture manufacturing organization believes in recycling and reusing products, rather than dumping the wastes, leading to environmental degradation. The organization utilizes the waste wires and wood, for the purpose of manufacturing its products. Further, the organization intends to serve the people of the community by offering free training to the unemployed youths. The youths trained in crafting skills at free of cost, are being offered the opportunity of enhancing their professional skills, and in this way, the organization offers employment opportunities to the youths devoid of employability skills. It is noteworthy here that the employees are being offered stipends during their training periods which encourage them to nurture and groom their skills. The organization has also adopted a policy named rule of th e thirds. According to this policy, one-third of the organizations revenue will be spent for funding the expense of free building work in the community, while the remaining amount is spent among the employees, and for re-investment purpose [2]. Performing CSR activities is not exactly a mandate, yet a three-year old organization Goldfinger chose to conduct business in a responsible manner, as it helps the organization improve its local community apart from benefitting its own organization as well[3]. National Grid Seeks Help Keeping Lights on: This article describes the efforts of National Grid meant for international energy storage plan. Various power stations have been shut down, and as such there has been a remarkable crisis and shortage of energy. Hence, for this reason, a huge number of organizations have come up, and agreed to provide back-up power to the National Grid [4]. There is a striking shortage of power and electricity, and hence the National grid has been inviting bids from more than 60 countries, to help them receive the supply of required amount of energy. As a result of the loss of coal stations in UK, there has been an increasing demand of energy. This storage of large scale energy helps the National Grid respond to the urgent needs of various organizations. Whenever the production of energy exceeds the consumption, the additional electricity is to be stored by the National Grid. Currently, the pumped hydroelectric stations located at North Wales and Scotland is providing adequate supply of electricity, with the purpose of strengthening electricity supply within a short period of time[5]. However, it is worth mentioning that most of the plants have become slow, and consequently less effective in meeting the urgent demand of electricity. The bidders of National Grid are expected to supply the electricity within five seconds, and yet the bidders have not been able to supply adequate amount of energy. Hence, National Grid has announced that it is going to invite bids from new organizations, apart from the existent ones, so as to fulfill the additional demand of energy. Britain Should Reflect on its Self-Inflicted Mess: The article focuses on the political turmoil that has recently shaped the atmosphere of Britain. There was a huge conflict as well as chaos over the fact as to who would become the next prime minister of Britain. In the British parliamentary system, leaders of a party are being elected by the unelected party members, and not the members of the parliament. As a result, inner conflict and political turmoil as well as last minute betrayal characterized the election procedure. The Conservative Party leader, Johnson lost the opportunity of winning the election, as his much endeared friend Michael Gove, backstabbed and betrayed him at the last moment. The competition soon got confined to the remaining two potential opponents- the leave campaign supporter, Andrea Leadson, and the remain campaign follower, Theresa May. Although Leadsom exaggerated her CV, and claimed herself to be more efficient and politically competent than May, on ground of her being a mother, and the latter being childless, May was declared the ultimate winner[6]. However, with the new victory, a greater onus is to be shouldered by May. Apart from the serious economic problems, the new prime minister is required to solve the problem of immigration as well. In order to prove her efficiency and competency may have already started formulating the necessary strategy to cope u with the present economic crisis. Reference Style: Boyle, Godfrey.Renewable electricity and the grid: the challenge of variability. Earthscan, 2012. Fresneda, Jorge, Daniel Korschun, and Prabakar Kothandaraman. "CSR as an Adaptive Selling Tool: a Novel Framework and a Robust Analysis Proposal." InCelebrating Americas Pastimes: Baseball, Hot Dogs, Apple Pie and Marketing?, pp. 373-387. Springer International Publishing, 2016. Korschun, Daniel, C. B. Bhattacharya, and Scott D. Swain. "CSR and the Frontline Context: How Social Programs Improve Customer Service."GfK Marketing Intelligence Review8, no. 1 (2016): 24-29. Steinke, Florian, Philipp Wolfrum, and Clemens Hoffmann. "Grid vs. storage in a 100% renewable Europe."Renewable Energy50 (2013): 826-832. Stokstad, Erik. "Uncertainty reigns in Brexit Britain."Science353, no. 6298 (2016): 437-437. Virvilaite, Regina, and Ugne Daubaraite. "Corporate social responsibility in forming corporate image."Engineering Economics22, no. 5 (2015): 534-543.
Monday, April 20, 2020
Law and Morality free essay sample
The state has power to legislate morality in order to protect itself against behaviors that may disintegrate society and its institutions Society ââ¬Å"means a community of ideas; without shared ideas on politics, morals, and ethics no society can existâ⬠(Devlin, 10). ? Devlin appealed to the idea of societys moral fabric. He argued that the criminal law must respect and reinforce the moral norms of society in order to keep social order from unravelling. Societyââ¬â¢s morality is a crucial, if not the crucial, element that holds it together Societies disintegrate from within more frequently than they are broken up by external pressures. There is disintegration when no common morality is observed and history shows that the loosening of moral bonds is often the first stage of disintegration, so that society is justified in taking the same steps to preserve its moral code as it does to preserve its government the suppression of vice is as much the laws business as the suppression of subversive activities. We will write a custom essay sample on Law and Morality or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Devlin, The Enforcement of Morals 36 (1959) A society is entitled to enforce its morality in order to preserve its distinctive communal values and way of life HART: Hart critiques Lord Devlinââ¬â¢s first argument by challenging his conception of society ââ¬Å"*He has+ a confused definition of what a society isâ⬠(Hart (1962) chapter 82). ? Attack against the Moderate/ Disintegration Thesis ? Hart argues that decriminalizing behavior, which has previously been viewed as immoral behavior, is not necessarily a threat to the societyââ¬â¢s long-term cohesion or existence. Aappears to move from the acceptable proposition that some shared morality is essential to the existence of any society to the unacceptable proposition that a society is identical with its morality as that is at any given moment of its history, so that a change in its morality is tantamount to the destruction of a society. (Hart 51-52. Italics in original. ) ? The moderate thesis implies factual claims of the disintegration of society for which Devlin did not provide, and (in Harts view) could not have provided, substantial empirical support. I do not assert that any deviation from a society? s shared morality threatens its existence any more than I assert that any subversive activity threatens its existence. I assert that they are both activities which are capable in their nature of threatening the existence of society so that neither can be put beyond the law . I would venture to assert, for example, that you cannot have a game without rules and that if there were no rules there would be no game. If I am asked whether that means that the game is ââ¬Å¾identical? With the rules, I would be willing for the question to be answered either way in the belief that the answer would lead to nowhere. If I am 1 (Hartââ¬â¢s term H. L. A. Hart, Social Solidarity and the Enforcement of Morality, The University of Chicago Law Review 35 (1976), pp 1-13]. ) asked whether a change in the rules means that one game has disappeared and another has taken its place, I would reply probably not, but that it would depend on the extent of the change. (Devlin, Morals 37). ? Lord Devlin does not then think that this power should be exercised against every single kind and act of immorality. Society should exercise this power only when the moral sensibility of the majority regarding a given immoral activity rises to the level of profound ââ¬Å"intolerance, indignation, and disgustâ⬠(Devlin, Morals 17) ? DWORKIN: If society should not legislate against all immorality, because not all immoral activities and acts endanger its existence, then what standards for evidence and action will be used to justify societyââ¬â¢s right to enforce its morality in any given case? The threshold criterion that Lord Devlin offers is public outrage, so it comes out that nothing more than passionate public disapproval is necessary after all!? Attack against the Extreme/ Conservative Thesis Hart rejected the extreme thesis on the ground that it potentially justified legal enforcement of moral values, regardless of their content, simply because they were widely held. Such restrictions restrict society from evolving naturally in terms of its citizensââ¬â¢ moral beliefs practices. ? Devlin? s approach of incorporating moral values into the law ââ¬Å"regardless of content, simply because they were widely heldâ⬠places ââ¬Å"an unjustified brake on changes. The content of moral legislation should be determined by what he terms ââ¬Å"public moralityâ⬠. ? This is not merely the majority position that could be determined by a public opinion poll. Public morality is the view held by the ââ¬Å"reasonable manâ⬠/ââ¬Å"right-minded manâ⬠? What is acceptable to the ordinary man, the man in the jury box, who might also be called the reasonable man or the right minded man Devlin The Enforcement of Morals 38 (1959) Devlin chose the man in the jury box because. The verdict of a jury (12 men and women) must be unanimous (at the time he was writing) b) The jury will only reach its verdict after the issue has been fully examined and deliberated. c) The jury box is the place where the ordinary persons conception of morality is enforced. ? Elsewhere his comments suggest that the content of public morality can be identified by some kind of moral intuition ? It is the power of a common sense and not the power of reason that is behind the judgments of societyâ⬠¦There is, for example, a general abhorrence of homosexuality. We should ask ourselves in the first instance whether, looking at it calmly and dispassionately, we regard it as a vice so abominable that its mere presence is an offence. If that is the genuine feeling of the society in which we live, I do not see how society can be denied the right to eradicate it (Devlin, Morals 40). ? As DWORKIN phrases the argument: ââ¬Å"In the last analysis the decision must rest on some article of moral faith, and in a democracy this sort of issue must be settled in accordance with democratic principles. It is, after all, the community which acts when the threats and sanctions of the criminal law are brought to bear. The community must take the moral responsibility, and it must therefore act on its own lights ââ¬â that is, on the moral faith of its membersâ⬠(Dworkin, 246-247) HART: ? Distinguishes between Positive and Critical Morality Critical Morality: A statement of what is morally true Positive/conventional morality: A statement of what most people believe is morally true. ? Hart argued Devlin always slipped into the Positive Morality approach. The problem is that beliefs about moral matters change. At any given time in a community, there may be a consensus on some moral questions, while on other questions there will be sharp divisions. Over time, an issue may go from being a matter of consensus to being a matter of controversy, and given enough time, an issue which there was a consensus one way may eventually be a matter of consensus the other way. How can we know that our laws are enforcing societyââ¬â¢s moral consensus rather than just protecting the last generationââ¬â¢s prejudices against a consensus forming around another position. The Harm Principle Hartââ¬â¢s2 point of inception was Millââ¬â¢s ââ¬ËHarm Principleââ¬â¢: If there are any ââ¬ËCritically Moral Rightsââ¬â¢ or ââ¬ËNatural Rightsââ¬â¢ there must be a natural right of every person to be equally free. Therefore ââ¬Å"The only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to others. â⬠3 ? Starting with the liberty-protecting Harm Principle enabled Hart to cast onto Devlin the burden of proof on the issue of the relationship between immorality and social harm. Certainly, Devlin provided no hard evidence to support his assertion that society would be worse off without legal moralism but neither did Hart provide any factual evidence that society would be a better (or, at least, no worse a) place without legal moralism (Peter Cane 31). ? DEVLIN: the fact that consent is not a defence for various harm-based offences showed that the harm principle was not the laws normative foundation. HART: distinction needed to be drawn between moralism and paternalism. Paternalism is justification of interfering with another person against their will, where that person will then be better off or protected from harm. The existence of the crime of bigamy also undermined the harm principle. HART: distinction needed to be drawn between Harm and Offense. What is wrong with Bigamy is its offensiveness to peoples religious sensibilities. ? DEVLIN: We see (moral) wrongfulness taken into account went sentencing, and we do not premise this on harmfulness because otherwise all crimes will be treated alike whether it was done maliciously or otherwise. HART: distinction needed to be drawn between principles of Sentencing and criminal liability. The fact that the moral gravity of an offenders conduct- its wrongfulness as opposed to its harmfulness can be taken into account in sentencing tells us nothing about the relationship between law and morality. [Hart offers no reason why this should be so (Peter Cane 32)] ? To sum up Hartââ¬â¢s position: Everyone has a priori liberty. Cannot exercise that liberty when it infringes (Harmââ¬â¢s) anotherââ¬â¢s liberty. A change in social institutions is not the sort of harm from which a society has a right to protect itself. A societyââ¬â¢s right to act should be restricted to demonstrable and imminent rather than speculated and distant harm. The law seems to have little or nothing to do with the immediate consequences of the criminalized conduct. These include the criminalisation of attempts, offences of risk-creation, and the acceptability of strict and negligence-based criminal liability. (Peter Cane 33) ? In order to protect the ââ¬ËHarm Principleââ¬â¢ there are 2 reactions to criminal liability that seem to contradict the requirement of ââ¬Å"Harmâ⬠: 1. Any law that is not premised on harm is wrong, should be decriminalized 2. Attempt to rationalize in terms of the harm principle any and every aspect of the criminal law that appears at first sight to be inconsistent with it. This is the strategy adopted by Gardner and Shute in relation to rape, and their approach could be applied more generally to cover risk-creation and attempts, for instance. We might say (as Gardner and Shute say in relation to rape) that a society in which the creation of certain risks was not a crime, or in which attempting and contemplating crimes were not themselves crimes, would be (in some sense) a worse society to live in than one in which they were. A worry about this sort of argument, however, is that it depends on the aggregate effect of many such acts, and does not seem to justify coercion of any individual. ? Classifying such diffuse effects as harm seem[s] to reduce the significance of Mills principle to vanishing point. 4 Reinterpreting the harm principle to encompass such non-individualized harm =(what Hart called) the moderate thesis in different garb! The debate about the limits of the criminal law has become a debate about the meaning of the harm principle and the definition of harm. Devlins approach was better. He asked a nonleading question: what factors ought to be taken into account in deciding whether conduct ought to be criminalised? Harm (however defined) is one such factor. But should it be given lexical priority over other relevant factors? ? It is easy enough to accept Harts idea that freedom is a basic human value. Human beings are individuals, and being able to express that individuality in ones choices and actions is an essential component of human well-being. Alongside the individuality of human beings, however, their other most noticeable characteristic is sociability. It is not just that most people choose to live in (larger or smaller) communities or that most people belong to various overlapping and interacting groups. People are also heavily reliant on those communities and groups, and on their relationships with other human beings. If individual freedom is a precondition of human flourishing so, too, is membership of communities and groups, and a rich network of social interactions. ? The law has many social benefits: We must view the law positively as a set of social resources rather than negatively as a restraint on individual freedom. ? This misconception arises from an unsophisticated picture of criminal penalties that fails to recognize their variety and the varying degrees to which they invade individual autonomy, and impose harsh treatment on and stigmatize the offender. This is, no doubt, partly the result of Harts argument that rules and principles of sentencing are irrelevant to questions about the limits of the criminal law. This is incorrect: Some conduct should not be criminalised at all, no matter what the penalty. But in relation to some conduct, the answer to the question of 4 N. E. Simmonds, Law and Morality, in E. Craig (ed. ), Routledge Encyclopedia of Philosophy (London: Routledge, 2004), retrieved 19 May 2004 from http:/ www. rep. routledge. com. whether it should be criminalised will depend on whether a suitable penalty is available. Penalties relate to stigma, and stigma relates to informing a societies interactions. ? The conception of the criminal law and of law in general that underpins the Hart-Devlin debate is what we might call a conception of law as coercion. According to this understanding of law, its prime significance and function is to secure compliance with its norms by threats of coercion and imposition of punishments and other sanctions. Laws coerciveness is seen as the characteristic most relevant to determining its proper limits. This is a deficient understanding of law and its social functions. For the typical, law-abiding citizen the significance of law resides not in its coerciveness but in its normativity. Such a person obeys the law not in order to avoid its coercive sanctions but because they consider obedience to be the preferable or correct course of action. A legal system could not operate effectively if this were not so. In this light, we must question whether a theory of the limits of law based on the assumption that law is seen by those to whom it is addressed as an invasion of their autonomy is likely to be sound. Why should we determine the limits of law by reference to the perspective of the minority of people who obey it only because of its coercive capacity, rather than the perspective of those who view law as a legitimate source of standards of behaviour? If law were viewed from this latter perspective, the idea that it might appropriately prescribe standards of behaviour that express shared social values and aspirations would seem much less objectionable. DWORKIN: Distinguishes between Goal-Based Strategy and Rights-Based Strategy: Goal-Based Strategy: Even if the behavior is bad for the community as a whole, just considered in itself, the consequences of trying to censor or otherwise suppress it would be, in the long run, even worse. Rights-Based Strategy: Even if the behaviour makes the community worse off, even in the very long run, it is nevertheless wrong to censor or restrict it because this violates the individual moral or political rights of citizens who resent the censorship. Favouring the Rights-Based Strategy (p. 194) People have the right not to suffer disadvantage in the distribution of social goods and opportunities, including disadvantage in the liberties permitted to them by the criminal law, just on the ground that their officials or fellow-citizens think that their opinions about the right way for them to lead their own lives are ignoble or wrong. I shall call this the right to moral independence, Justification of the Right to Moral Independence Rights are individualââ¬â¢s trumps5 over a background justification for political decisions that states a goal for the community as a whole. If someone has a right to moral independence, this means that it is for some reason wrong for officials to act in violation of that right, even if they (correctly) believe that the community as a whole would be better off if they did. To some extent, the argument in favour of a particular right must depend on which general background justification for political decisions the right in question proposes to trump. Taking Rights Seriously Dworkin assumes that the background justification with which we are concerned is some form of utilitarianism, which takes, as the goal of politics, the fulfilment of as many of peoples goals for their own lives as possible. This is the most prevalent background in Western Democracies. Suppose we accept then that, at least in general, a political decision is justified if it promises to make citizens happier or to fulfil more of their preferences, on average, than any other decision could. Suppose we assume that the decision to prohibit pornography altogether does, in fact, meet that test, because the desires and preferences of publishers and consumers are outweighed by the desires and preferences of the majority, including their preferences about how others should lead their lives. How could any contrary decision, permitting even the private use of pornography, then be justified? A proper understanding of the underlying justification for utilitarianism will itself justify the Right. Utilitarianism owes whatever appeal it has to what we might call its egalitarian nature. Utilitarianism claims that people are treated as equals when the preferences of each, weighted only for intensity, are balanced in the same scales, with no distinctions for persons or merit. Even if the majorityââ¬â¢s preference (i. e. that which will make the majority happier) is to disadvantage or to advantage a minority, this is inconsistent with the very essence of utilitarianism , so even if it does result in fulfilment of as many of peoples goals for their own lives as possible, utilitarianism cannot allow that without undermining the philosophy that bore utilitarianism itself. Dworkinââ¬â¢s argument, therefore, comes to this: If utilitarianism is to figure as part of an attractive working political theory, then it must be qualified so as to restrict the preferences that undermine egalitarianism. One very practical way to achieve this restriction is provided by the idea of rights as trumps over unrestricted utilitarianism. The right of moral independence can be defended in a parallel way. Neutral utilitarianism rejects the idea that some ambitions that people might have for their own lives should have less command over social resources and opportunities than others, except as this is the consequence of weighing all preferences on an equal basis in the same scales. It rejects the argument, for example, that some peoples conception of what sexual experience should be like are inherently degrading or unwholesome. But then it cannot (for the reasons just canvassed) count the moral preferences of those who do hold such opinions in the calculation whether individuals who form some sexual minority, including homosexuals and pornographers, should be prohibited from the sexual experiences they want to have. The right of moral independence is part of the same collection of rights as the right of political independence, and it is to be justified as a trump over an unrestricted utilitarian defence of prohibitory laws against pornography. Limitations on the Right: (p. 195) Suppose it is discovered that the private consumption of pornography does in fact significantly increase the danger of crimes of violence, either generally or specifically crimes of sexual violence. Or suppose that private consumption has some special and deleterious effect on the general economy, by causing great absenteeism from work. Then government would have, in these facts, a justification for the restraint and perhaps even for the prohibition of pornography that does not include the offending hypothesis either directly, by the assumption that the hypothesis is true, or indirectly, in the proposition that many people think it true. Can we find a plausible justification for restricting the display of pornography that does not violate the right of moral independence? We can, obviously, construct a certain argument in that direction, as follows. Many people do not like to encounter genital displays on the way to the grocer. This taste is not, nor does it necessarily reflect, any adverse view of the character of those who do not mind such encounters. Another may argue, for example, that his own delight in other peoples bodies is lessened or made less sharp and special if nakedness becomes either too familiar to him or less peculiar to those occasions in which it provides him special pleasure, which may be in museums or his own bedroom or both. Or that sex will come to be different and less valuable for him if he is too often or too forcefully reminded that it has different, more commercial or more sadistic, meaning for others. Or that his goal that his children develop certain similar tastes and opinions will be thwarted by the display or advertising that he opposes. None of these different opinions and complaints must be the product of some conviction that those with other opinions and tastes are people of bad character. The Williams Report: If one accepted, as a basis for coercing oneà persons actions, the fact that others would be upset even by the thought of his performing those actions, one would be denying any substantive individual liberty at all. 5 5 Report, p. 100. Laws against public sex would generally be thought to be consistent with the harm condition, in the sense that if members of the public are upset, distressed, disgusted, outraged or put out by witnessing some class of acts, then that constitutes a respect in which the public performance of thoseà · acts harms their interests and gives them a reason to object . The offensiveness of publicly displayed pornography seems to us. To be in line with traditionally accepted rules protecting the interest in public decency. Restrictions on the open sale of these publications, and analogous arrangements for films, thus seem to us to be justified . If one goes all the way down this line, however, one arrives at the situation in which people objected to even knowing that pornography was being read in private; and if one accepted as a basis for coercing one persons actions, the fact that others would be upset even by the thought of his performing these actions, one would be denying any substantive liberty at all.
Sunday, March 15, 2020
Priam vs Achilles essays
Priam vs Achilles essays In Homers epic poem The Iliad the great Argive hero Achilles is depicted first as a valiant but emotional character. He is given far too much to his anger and is driven by his vengeance. After being deprived of his beloved Breisis he spins into a torrent of anger and abandons his king and his countrymen to serve his own selfish pride. Achilles eventually returns to the battlefield and defeats the Trojans, but at this point in the story he is only a great warrior. He is simply an invincible hulk of a man whose only merit is literally god-given. It is only after killing Hector, the Trojan kings most beloved son, desecrating his corpse, and being implored by his father does his true honor and valor shine through. It is only through his honor of and respect for Priam that he may transform. Achilles honors a great many things in Priam. I think first and foremost, he admires his likeness to his own father. He has respect for his age and for the things he has done. Priam is a great king that has fathered many sons. He has fought long to protect his kingdom and establish his lineage. I think Achilles honors his love for his sons and, most importantly his love for Hector. He admires his wealth and excellence also. I think both of these are made evident when Achilles says to Priam, you excelled all men, old king, in sons and wealth (XXIV.639) What Achilles at one time view as a war trophy, he now sees as something more. The corpse of Hector is a symbol of a fathers pride and a labor of love. Priam produced many sons but none even compared to greatness of Hector. None fought so tenaciously on the battlefield to defend his homeland. None were so brave and devoted to morality. None cared more for his country and his family. When Priam speaks of Hector he feels ashamed of the way he treated him. He feels guilt for dishonoring such an honorable man and for treating him as a trophy. To dishonor Hector...
Friday, February 28, 2020
Performing Effective Project Monitoring and Risk Management Essay
Performing Effective Project Monitoring and Risk Management - Essay Example It provides the tools that are going to be and guidance on the way forward. For this mobile application design, one wants to create an application that enables the customers to locate a coffee shop nearest to them. Therefore, the application should function well and the software should be up to date. Oneà needs to have the appropriate budget and the best people working in the project. The mobile application software should synchronize well with the infrastructure (Gowell, 2012). The above is an example of how to detect the problems in mobile application project and what should be if detected. If there are defects, the problem should be reported back to the reporter and it should inform the customer that the issue being resolved. It should also tell the customer to check again later and if the problem persists, he or she should contact his or her mobile operator. It is all about the information and the operator should also know that the software is not working and inform the IT department of theà problemà so that it can be done within the shortest period. If there is a designà or softwareà error, then the IT manager and the team should find solutions to the problems and resolve them. The software may be defectiveà or even the hardware itself. All that matters are that the defect is and the application for finding the nearest coffee shop works well. A customer should not find a defect with the product and so it is the workà of the whole team to pr event this from occurring. Communication is crucial within and outside the business because without it the business would fall. For the marketing management team, information is very importance because it helps in advertising, marketing and selling of the companyââ¬â¢s products and services. It also helps in developing a strategic vision, creation of brand awareness, expression of competitive advantage, attracting talent, fostering goodwill and also informing the investment
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