Saturday, May 23, 2020
If there is a developmental trajectory for anything during adolescence, it is sex. Nothing, not smoking, drinking the use of drugs, nor any form of delinquency compares to the rapid commencement of paired sexual practices during the latter years or adolescence. Sex is much more than it used to be. Sexual desire is now considered central to human identity, and sexual self-expression is seen by many to be essential for heathy personhood. The media, public schools and medical professional often teach that healthy adults, or even adolescents, should explore their desires and express them. At the same time, sex is much less than it used to be. Sexual acts are often considered morally neutral, with no resulting shame or honor (reference). BrainÃ¢â¬ ¦show more contentÃ¢â¬ ¦Like heterosexual youth, gay, lesbian, and bisexual young people discover how their brain is wired for sexual attraction as they mature. They are not recruited, seduced, or taught to be homosexual (REFERENCE). In the classroom youth attendance is required; teachers are responsible for instruction, nurturing, developing minds and bodies. In many schools counselors and teachers have proven to be less hospitable than society at large. In fact, you will find that schools are the main areas for anit-gay and lesbian prejudices. Robinson, R. K. stated Ã¢â¬Å"97 percent of youth that were surveyed reported regularly hearing homophobic remarks from several of their peersÃ¢â¬ (2016). Not only are homophobic remarks routine, but according to research conducted by the American Association of University Women, being called lesbian or gay is the most upsetting form of sexual harassment youth will experience (Iudici, A., Verdecchia, M. 2015). Iudici, A., Verdecchia, M. stated that over 90 percent of lesbians and gays teens have reported experiencing some type of verbal or physical abuseÃ¢â¬ (2015). Young people who are not heterosexual are often considered different, weird, abnormal, or strange. They are frequently targets of school bullies or the victims of hate crimes. Teenagers often hurl the term Ã¢â¬Å"faggotÃ¢â¬ as aShow MoreRelatedGlobalization And Sexuality1247 Words Ã |Ã 5 Pagescharacters. Sexuality refers to how people relate to sexual activities or perceive sexual matters. Sexuality may differ from one culture to the other, but the cultures are likely to influence each otherÃ¢â¬â¢s sexual beliefs and orientation. Globalization has had an extensive influence on the changes witnessed in sexuality across the globe. It is through globalization that sexual purposes have gotten new meanings. Some of the topics which come up as a link between globalization and sexuality are sexual traffickingRead MoreMedia Influence On The Media993 Words Ã |Ã 4 Pagesvideos, music over the people. I think media influence the most about the sexuality. Media influence me by showi ng different sexual stories in the newspaper, by posting videos and picture on the website, and by watching different sexual videos on movies influence the most about sexuality. It is a positive influence because we can get the knowledge about sexual precaution and awareness. Television programs influence about sexual values most like, precaution about sex, like HIV or another such a dangerousRead MoreSocio-Cultural Influences On Sexuality. Socio-Cultural1156 Words Ã |Ã 5 PagesSocio-Cultural Influences on Sexuality Socio-cultural influence plays a major role in sexual behaviors. It gives a better comprehension on why men are men and women are women. These socio-cultural are influenced by physical, emotional, cultural and economic aspects. Time and time again research has proven that socio-cultural influences have a significant role in human sexuality. Culture is the manner of life of the people. Thus, culture shapes the ideas of what behaviors are acceptable for men andRead MoreSexuality : Human Sexuality, Sexual Orientation And Sexual Behavior1193 Words Ã |Ã 5 Pages HUMAN SEXUALITY ReNata Shaw APUS: Human Sexuality Assignment 2 Resubmit Dr. Foster November 29, 2015 Human Sexuality Introduction Sexuality encompasses aspects in a personÃ¢â¬â¢s life that involves sex and gender identity, sexual orientation and sexual behavior. It encompasses the physical, social and psychological aspects of a personÃ¢â¬â¢s sexual behavior. It underpins what an individual is, affects the individualÃ¢â¬â¢s life wholesomely and is unique to each and every individualRead MoreComprehensive Reality-Based Sexuality Education Essay549 Words Ã |Ã 3 PagesComprehensive Reality-Based Sexuality Education What is comprehensive, reality-based sexuality education? True comprehensive, reality-based sexuality education seeks to assist young people in understanding a positive view of sexuality, provide them with information and skills about taking care of their sexual health, and help them acquire skills to make decisions now and in the future. Ideally, sexuality education is taught in ways that are age- and experience-appropriate in kindergartenRead MoreMedia Is The Most Accessible Form Of Information1643 Words Ã |Ã 7 PagesMore over, 91.4% of teenagers think it is a one of positive aspect of our society. However, as with anything there are negative aspects too. According to them, one of the biggest problems rising in the field is sexuality. Much research has been done relating media promotes and encourage violence and this is widely accepted theory. By contrast, only few studies have been conducted to find out the possible correlation between sexual message in the media and childrenÃ¢â¬â¢s acts. However, the large number ofRead MoreIs Sexuality Shaped By Other Social Factors?1628 Words Ã |Ã 7 Pagesinsert your essay here. Please specify which essay question you are addressing How is sexuality shaped by other social factors? Sexuality does not develop within a vacuum separate to society or politics. All social factors play a role in shaping one another and sexuality is no different. Here sexuality can be loosely defined as a personÃ¢â¬â¢s capacity for sexual feelings, sexual identity or preferences and their sexual activity. Secondly, Ã¢â¬ËdisabilityÃ¢â¬â¢ can be defined loosely as: Ã¢â¬Ëa physical or mental conditionRead MoreThe Theory Of Sexual Liberation1644 Words Ã |Ã 7 PagesBritish society claims to be sexually liberated, in that there is more open attitudes to diverse sexualities and certain sexual acts are no longer seen as taboo/perverse. It is seen that we are now free to choose and explore these sexualities. However monogamous heterosexual relationships are still seen as what is Ã¢â¬Å"normalÃ¢â¬ in society therefore if British society claims to be sexually liberated why is what is seen as traditional still the most common type of relationship? This theory of sexual liberationRead MoreSocial Constructionism : Sociology, History, And Philosophy940 Words Ã |Ã 4 PagesSexuality is the capacity of human beings to have sexually stimulating responses towards another human being. A personÃ¢â¬â¢s sexual orientation can influence their sexual interest for another person. However, in society, many people want to see the opposite sex dating the opposite sex, such as a female dating a male. Whenever someone acts against that notion, such as a female dating a female or a male dating a male, people would see that as being deviant. This connects us back to history when differentRead MoreDiscourse of Sex and the Creation of Docile Bodies Essay1129 Words Ã |Ã 5 PagesCreation of Docile Bodies Subjection is a process that operates in society, and according to sociologist Michel Foucault, can be applied to a multiplicity of discourses. Foucault explains that the beginning of the nineteenth century marked the age of sexual repression and censorship, which became a time of subjection through exerting disciplinary control over a docile population. In his The Introduction to the History of Sexuality, Foucault explains how the scientification of sex came about. Specifically
Tuesday, May 12, 2020
The Japanese word hidoi meansÃ cruel, harsh, violent, severe, or hard. Pronunciation: Click here to listen to the audio file. Japanese characters: Ã£ ²Ã£ ©Ã£ â Example: Sore wa anmari hidoi yo.Ã£ Ã£âÅ'Ã£ ¯Ã£ âÃ£ââÃ£ ¾Ã£âÅ Ã£ ²Ã£ ©Ã£ âÃ£âËÃ£â¬â Translation: Dont be so hard on me.
Wednesday, May 6, 2020
Case Study: Your long-time friend Carl comes to you with a serious problem in his life. He is a believer, and he wants your advice. For years he and his family have lived above their means. We will write a custom essay sample on Case Study: Bankruptcy and the Bible or any similar topic only for you Order Now They did this by continually refinancing their house and rolling their credit card and other debt onto their home mortgage. However, now that real estate prices are no longer rising but actually falling, Carl canÃ¢â¬â¢t refinance anymore and canÃ¢â¬â¢t pay his monthly bills as they come due. He is in a real credit crisis. His creditors are calling him threatening lawsuits, garnishments, and other unpleasant things. One of his friends at work said that he should file bankruptcy. He comes to you for advice from a Christian perspective. In particular, he wants to know: 1. Does the Bible forbid him to file bankruptcy? 2. Does the Bible forbid borrowing altogether? If not, when is it permissible to borrow money? Use the words Ã¢â¬Å"ForbidsÃ¢â¬ or Ã¢â¬Å"Does not ForbidÃ¢â¬ in the subject line of your discussion board post, depending upon your conclusion. Do not use attachments as these are cumbersome and inhibit the discussion process. Suggested Readings: Read and consider these and other Bible verses that relate to borrowing, lending, and lawsuits: Proverbs 17:14, Proverbs 20:3, Proverbs 25:8-10, 1 Corinthians 6:1-8, Matthew 5:22-26, Matthew 5:33-37, Matthew 5:38-42, Psalm 37:21, Ecclesiastes 5:4-5, Colossians 3:9, Ephesians 4:22, Ephesians 4:25, Leviticus 25, Deuteronomy 15:1-18, Psalm 37:26, Psalm 112:5, Proverbs 19:17, Proverbs 22:7, Deuteronomy 24:6, Deuteronomy 24:10-13, Deuteronomy 24:17, Exodus 22:25-27, Proverbs 6:1-5, and Proverbs 22:26-27. You may also want to consult some good commentaries and other study aids on some of the verses that seem particularly relevant to you. Proverbs 17:14 New International Version (NIV) 14 Starting a quarrel is like breaching a dam; so drop the matter before a dispute breaks out. 3 It is to oneÃ¢â¬â¢s honor to avoid strife, but every fool is quick to quarrel. 8 do not bring hastily to court, for what will you do in the end if your neighbor puts you to shame? 9 If you take your neighbor to court, do not betray anotherÃ¢â¬â¢s confidence, 10 or the one who hears it may shame you and the charge against you will stand. 1 Corinthians 6:1-8 New International Version (NIV) Lawsuits Among Believers If any of you has a dispute with another, do you dare to take it before the ungodly for judgment instead of before the LordÃ¢â¬â¢s people? 2 Or do you not know that the LordÃ¢â¬â¢s people will judge the world? And if you are to judge the world, are you not competent to judge trivial cases? 3 Do you not know that we will judge angels? How much more the things of this life! 4 Therefore, if you have disputes about such matters, d o you ask for a ruling from those whose way of life is scorned in the church? 5 I say this to shame you. Is it possible that there is nobody among you wise enough to judge a dispute between believers? But instead, one brother takes another to courtÃ¢â¬âand this in front of unbelievers! 7 The very fact that you have lawsuits among you means you have been completely defeated already. Why not rather be wronged? Why not rather be cheated? 8 Instead, you yourselves cheat and do wrong, and you do this to your brothers and sisters. Matthew 5:22-26 New International Version (NIV) 22 But I tell you that anyone who is angry with a brother or sister[a][b] will be subject to judgment. Again, anyone who says to a brother or sister, Ã¢â¬ËRaca,Ã¢â¬â¢[c] is answerable to the court. And anyone who says, Ã¢â¬ËYou fool! Ã¢â¬â¢ will be in danger of the fire of hell. 3 Ã¢â¬Å"Therefore, if you are offering your gift at the altar and there remember that your brother or sister has something aga inst you, 24 leave your gift there in front of the altar. First go and be reconciled to them; then come and offer your gift. 25 Ã¢â¬Å"Settle matters quickly with your adversary who is taking you to court. Do it while you are still together on the way, or your adversary may hand you over to the judge, and the judge may hand you over to the officer, and you may be thrown into prison. 26 Truly I tell you, you will not get out until you have paid the last penny. Matthew 5:33-37 New International Version (NIV) Oaths 3 Ã¢â¬Å"Again, you have heard that it was said to the people long ago, Ã¢â¬ËDo not break your oath, but fulfill to the Lord the vows you have made. Ã¢â¬â¢ 34 But I tell you, do not swear an oath at all: either by heaven, for it is GodÃ¢â¬â¢s throne; 35 or by the earth, for it is his footstool; or by Jerusalem, for it is the city of the Great King. 36 And do not swear by your head, for you cannot make even one hair white or black. 37 All you need to say is simply Ã¢â¬ ËYesÃ¢â¬â¢ or Ã¢â¬ËNoÃ¢â¬â¢; anything beyond this comes from the evil one. [a] Matthew 5:38-42 New International Version (NIV) Eye for Eye 38 Ã¢â¬Å"You have heard that it was said, Ã¢â¬ËEye for eye, and tooth for tooth. [a] 39 But I tell you, do not resist an evil person. If anyone slaps you on the right cheek, turn to them the other cheek also. 40 And if anyone wants to sue you and take your shirt, hand over your coat as well. 41 If anyone forces you to go one mile, go with them two miles. 42 Give to the one who asks you, and do not turn away from the one who wants to borrow from you. Psalm 37:21 New International Version (NIV) 21 The wicked borrow and do not repay, but the righteous give generously; Ecclesiastes 5:4-5 New International Version (NIV) 4 When you make a vow to God, do not delay to fulfill it. He has no pleasure in fools; fulfill your vow. 5 It is better not to make a vow than to make one and not fulfill it. Colossians 3:9 New International Version (NIV) 9 Do not lie to each other, since you have taken off your old self with its practices Ephesians 4:22 New International Version (NIV) 22 You were taught, with regard to your former way of life, to put off your old self, which is being corrupted by its deceitful desires; Ephesians 4:25 New International Version (NIV) 25 Therefore each of you must put off falsehood and speak truthfully to your neighbor, for we are all members of one body. Leviticus 25 New International Version (NIV) The Sabbath Year 25 The LORD said to Moses at Mount Sinai, 2 Ã¢â¬Å"Speak to the Israelites and say to them: Ã¢â¬ËWhen you enter the land I am going to give you, the land itself must observe a sabbath to the LORD. 3 For six years sow your fields, and for six years prune your vineyards and gather their crops. 4 But in the seventh year the land is to have a year of sabbath rest, a sabbath to the LORD. Do not sow your fields or prune your vineyards. 5 Do not reap what grows of itself or harvest the grapes of your untended vines. The land is to have a year of rest. Whatever the land yields during the sabbath year will be food for youÃ¢â¬âfor yourself, your male and female servants, and the hired worker and temporary resident who live among you, 7 as well as for your livestock and the wild animals in your land. Whatever the land produces may be eaten. The Year of Jubilee 8 Ã¢â¬Å"Ã¢â¬ËCount off seven sabbath yearsÃ¢â¬âseven times seve n yearsÃ¢â¬âso that the seven sabbath years amount to a period of forty-nine years. 9 Then have the trumpet sounded everywhere on the tenth day of the seventh month; on the Day of Atonement sound the trumpet throughout your land. 0 Consecrate the fiftieth year and proclaim liberty throughout the land to all its inhabitants. It shall be a jubilee for you; each of you is to return to your family property and to your own clan. 11 The fiftieth year shall be a jubilee for you; do not sow and do not reap what grows of itself or harvest the untended vines. 12 For it is a jubilee and is to be holy for you; eat only what is taken directly from the fields. 13 Ã¢â¬Å"Ã¢â¬ËIn this Year of Jubilee everyone is to return to their own property. 14 Ã¢â¬Å"Ã¢â¬ËIf you sell land to any of your own people or buy land from them, do not take advantage of each other. 5 You are to buy from your own people on the basis of the number of years since the Jubilee. And they are to sell to you on the basis of the number of years left for harvesting crops. 16 When the years are many, you are to increase the price, and when the years are few, you are to decrease the price, because what is really being sold to you is the number of crops. 17 Do not take advantage of each other, but fear your God. I am the LORD your God. 18 Ã¢â¬Å"Ã¢â¬ËFollow my decrees and be careful to obey my laws, and you will live safely in the land. 9 Then the land will yield its fruit, and you will eat your fill and live there in safety. 20 You may ask, Ã¢â¬Å"What will we eat in the seventh year if we do not plant or harvest our crops? Ã¢â¬ 21 I will send you such a blessing in the sixth year that the land will yield enough for three years. 22 While you plant during the eighth year, you will eat from the old crop and will continue to eat from it until the harvest of the ninth year comes in. 23 Ã¢â¬Å"Ã¢â¬ËThe land must not be sold permanently, because the land is mine and you reside in my land as foreigners and strangers. 4 Throughout the land that you hold as a possession, you must provide for the redemption of the land. 25 Ã¢â¬Å"Ã¢â¬ËIf one of your fellow Israelites becomes poor and sells some of their property, their nearest relative is to come and redeem what they have sold. 26 If, however, there is no one to redeem it for them but later on they prosper and acquire sufficient means to redeem it themselves, 27 they are to determine the value for the years since they sold it and refund the balance to the one to whom they sold it; they can then go back to their own property. 8 But if they do not acquire the means to repay, what was sold will remain in the possession of the buyer until the Year of Jubilee. It will be returned in the Jubilee, and they can then go back to their property. 29 Ã¢â¬Å"Ã¢â¬ËAnyone who sells a house in a walled city retains the right of redemption a full year after its sale. During that time the seller may redeem it. 30 If it is not redeemed before a ful l year has passed, the house in the walled city shall belong permanently to the buyer and the buyerÃ¢â¬â¢s descendants. It is not to be returned in the Jubilee. 1 But houses in villages without walls around them are to be considered as belonging to the open country. They can be redeemed, and they are to be returned in the Jubilee. 32 Ã¢â¬Å"Ã¢â¬ËThe Levites always have the right to redeem their houses in the Levitical towns, which they possess. 33 So the property of the Levites is redeemableÃ¢â¬âthat is, a house sold in any town they holdÃ¢â¬âand is to be returned in the Jubilee, because the houses in the towns of the Levites are their property among the Israelites. 34 But the pastureland belonging to their towns must not be sold; it is their permanent possession. 5 Ã¢â¬Å"Ã¢â¬ËIf any of your fellow Israelites become poor and are unable to support themselves among you, help them as you would a foreigner and stranger, so they can continue to live among you. 36 Do not take interest or any profit from them, but fear your God, so that they may continue to live among you. 37 You must not lend them money at interest or sell them food at a profit. 38 I am the LORD your God, who brought you out of Egypt to give you the land of Canaan and to be your God. 39 Ã¢â¬Å"Ã¢â¬ËIf any of your fellow Israelites become poor and sell themselves to you, do not make them work as slaves. 0 They are to be treated as hired workers or temporary residents among you; they are to work for you until the Year of Jubilee. 41 Then they and their children are to be released, and they will go back to their own clans and to the property of their ancestors. 42 Because the Israelites are my servants, whom I brought out of Egypt, they must not be sold as slaves. 43 Do not rule over them ruthlessly, but fear your God. 44 Ã¢â¬Å"Ã¢â¬ËYour male and female slaves are to come from the nations around you; from them you may buy slaves. 5 You may also buy some of the temporary residents livi ng among you and members of their clans born in your country, and they will become your property. 46 You can bequeath them to your children as inherited property and can make them slaves for life, but you must not rule over your fellow Israelites ruthlessly. 47 Ã¢â¬Å"Ã¢â¬ËIf a foreigner residing among you becomes rich and any of your fellow Israelites become poor and sell themselves to the foreigner or to a member of the foreignerÃ¢â¬â¢s clan, 48 they retain the right of redemption after they have sold themselves. One of their relatives may redeem them: 49 An uncle or a cousin or any blood relative in their clan may redeem them. Or if they prosper, they may redeem themselves. 50 They and their buyer are to count the time from the year they sold themselves up to the Year of Jubilee. The price for their release is to be based on the rate paid to a hired worker for that number of years. 51 If many years remain, they must pay for their redemption a larger share of the price paid for them. 52 If only a few years remain until the Year of Jubilee, they are to compute that and pay for their redemption accordingly. 3 They are to be treated as workers hired from year to year; you must see to it that those to whom they owe service do not rule over them ruthlessly. 54 Ã¢â¬Å"Ã¢â¬ËEven if someone is not redeemed in any of these ways, they and their children are to be released in the Year of Jubilee, 55 for the Israelites belong to me as servants. They are my servants, whom I brought out of Egypt. I am th e LORD your God. Deuteronomy 15:1-18 New International Version (NIV) The Year for Canceling Debts 15 At the end of every seven years you must cancel debts. This is how it is to be done: Every creditor shall cancel any loan they have made to a fellow Israelite. They shall not require payment from anyone among their own people, because the LORDÃ¢â¬â¢s time for canceling debts has been proclaimed. 3 You may require payment from a foreigner, but you must cancel any debt your fellow Israelite owes you. 4 However, there need be no poor people among you, for in the land the LORD your God is giving you to possess as your inheritance, he will richly bless you, 5 if only you fully obey the LORD your God and are careful to follow all these commands I am giving you today. For the LORD your God will bless you as he has promised, and you will lend to many nations but will borrow from none. You will rule over many nations but none will rule over you. 7 If anyone is poor among your fellow Israeli tes in any of the towns of the land the LORD your God is giving you, do not be hardhearted or tightfisted toward them. 8 Rather, be openhanded and freely lend them whatever they need. 9 Be careful not to harbor this wicked thought: Ã¢â¬Å"The seventh year, the year for canceling debts, is near,Ã¢â¬ so that you do not show ill will toward the needy among your fellow Israelites and give them nothing. They may then appeal to the LORD against you, and you will be found guilty of sin. 10 Give generously to them and do so without a grudging heart; then because of this the LORD your God will bless you in all your work and in everything you put your hand to. 11 There will always be poor people in the land. Therefore I command you to be openhanded toward your fellow Israelites who are poor and needy in your land. Freeing Servants 12 If any of your peopleÃ¢â¬âHebrew men or womenÃ¢â¬âsell themselves to you and serve you six years, in the seventh year you must let them go free. 3 And when you release them, do not send them away empty-handed. 14 Supply them liberally from your flock, your threshing floor and your winepress. Give to them as the LORD your God has blessed you. 15 Remember that you were slaves in Egypt and the LORD your God redeemed you. That is why I give you this command today. 16 But if your servant says to you, Ã¢â¬Å"I do not want to leave you,Ã¢â¬ because he love s you and your family and is well off with you, 17 then take an awl and push it through his earlobe into the door, and he will become your servant for life. Do the same for your female servant. 18 Do not consider it a hardship to set your servant free, because their service to you these six years has been worth twice as much as that of a hired hand. And the LORD your God will bless you in everything you do. Psalm 37:26 New International Version (NIV) 26 They are always generous and lend freely; their children will be a blessing. [a] Psalm 112:5 New International Version (NIV) 5 Good will come to those who are generous and lend freely, who conduct their affairs with justice. Proverbs 19:17 New International Version (NIV) 7 Whoever is kind to the poor lends to the LORD, and he will reward them for what they have done. Proverbs 22:7 New International Version (NIV) 7 The rich rule over the poor, and the borrower is slave to the lender. Deuteronomy 24:6 New International Version (NIV) 6 Do not take a pair of millstonesÃ¢â¬ânot even the upper oneÃ¢â¬âas security for a debt, because that would be taking a personÃ¢â¬â¢s livelihood as sec urity. Deuteronomy 24:10-13 New International Version (NIV) 10 When you make a loan of any kind to your neighbor, do not go into their house to get what is offered to you as a pledge. 1 Stay outside and let the neighbor to whom you are making the loan bring the pledge out to you. 12 If the neighbor is poor, do not go to sleep with their pledge in your possession. 13 Return their cloak by sunset so that your neighbor may sleep in it. Then they will thank you, and it will be regarded as a righteous act in the sight of the LORD your God. Deuteronomy 24:17 New International Version (NIV) 17 Do not deprive the foreigner or the fatherless of justice, or take the cloak of the widow as a pledge. Exodus 22:25-27 New International Version (NIV) 5 Ã¢â¬Å"If you lend money to one of my people among you who is needy, do not treat it like a business deal; charge no interest. 26 If you take your neighborÃ¢â¬â¢s cloak as a pledge, return it by sunset, 27 because that cloak is the only covering yo ur neighbor has. What else can they sleep in? When they cry out to me, I will hear, for I am compassionate. Proverbs 6:1-5 New International Version (NIV) Warnings Against Folly 6 My son, if you have put up security for your neighbor, if you have shaken hands in pledge for a stranger, 2 you have been trapped by what you said, nsnared by the words of your mouth. 3 So do this, my son, to free yourself, since you have fallen into your neighborÃ¢â¬â¢s hands: GoÃ¢â¬âto the point of exhaustionÃ¢â¬â[a] and give your neighbor no rest! 4 Allow no sleep to your eyes, no slumber to your eyelids. 5 Free yourself, like a gazelle from the hand of the hunter, like a bird from the snare of the fowler. Proverbs 22:26-27 New International Version (NIV) Saying 4 26 Do not be one who shakes hands in pledge or puts up security for debts; 27 if you lack the means to pay, your very bed will be snatched from under you. How to cite Case Study: Bankruptcy and the Bible, Free Case study samples
Saturday, May 2, 2020
Question: With reference to the rules of statutory interpretation and the doctrine of binding precedent, to what extent do UK judges trespass on the proper function of Government and the Legislature when exercising their legal decision-making functions? Answer: Introduction: The theory of separation of power exists in the system of United Kingdom. Separation of power means the three organs of the Government that is legislature, execute and judiciary must work independently. No department will overlap the function of other. The legislature has the duty to make the law, executive will apply those laws and Judiciary will interpret those laws. The judiciary played a vital role of interpreting the law. On that occasion some time judiciary will apply its mind to find out the best possible way to interpret the law. But in this process some time judges will apply the according to the need of the case. The rule is that judiciary will interpret the law according to the intention with which the legislators prepare the law. But using the principle of statutory interpretation the judges in UK some time apply the law according their own view that is direct overlapping between the function of two organ of government. Principle of statutory interpretation: This is a process in which judges of the court construe and relate the legislations. The interpretation of the statute is essential the case involves any piece or part of the specific Act. If the meaning of the legislation is unambiguous and strait then the interpretations are also plain and simple but if the meaning are vague and involves lots of ambiguity then the judges have to play more responsible role in interpreting the statute. For finding the connotation of the particular statue judges have various instrument in that regard like statutory interpretation, lawmaking history, and finding the purpose of the legislation. Injurisdictions of common law, the courtsmay perhaps concern about the rules of legislative elucidation to those laws endorsed by theparliamentor by the authority in exercise of delegated legislationin cases of executiverules. The work of the judiciary is to interprets the legislations in a way so that in can be applicable for any particular case. No legislation is called to be so unambiguous that it can fit for each and every case. There are various reasons for the ambiguity like the words of the legislation are not so clear to understand the intention, or the legislation is not competent to fulfill all the requirements of the case like technical advancement and all, or doubts attached to the law from the time of enactment. For all these mentioned matters statutory interpretation is required. There is a principle that the parliament is ultimate in case of making regulation and the courts are just acted as analyst of those regulations. However in reality while executing the role of interpreter the judges can formulate comprehensive alteration in the execution of the Act. If there are conflicts between the sources of law: The rule of statutory interpretation will be applicable where there are conflicts between the Acts and the precedential case laws. It is assumed that legislation will be predominant over the precedential case laws by the court. This is called as parliamentary supremacy in United Kingdom. Rule of Ejusdem Generis: The whole statute must be considered as a whole. If a part is inconsistent then that part must be interpreted in the light of the whole statute. A law cannot be construed in an attempt to be incompatible with other prevail laws. Wherever there is an irregularity the judges must give effort to supply a harmonious construction on that scenario. There are main three rules in regard to statutory interpretation. They are plain meaning rule, golden rule and mischief rule of construction. The plain meaning rule means the statutes must be interpreted in simple way according to its meaning. In the case of Sussex Peerage Case the decision was come out that the interpretation must be done according to the intention of the law maker which reflects from the legislation. When the statues are clear cut in meaning there is no need to incorporate any kind of construction which can change the meaning of the statute. In the case ofWhiteley v. Chappel, gave a verdict that the person named as Whiteley could not be imprisoned under the clause that every individual is allowed to take part in an election, for the reason that the individual whom he includes was a deceased person. By means of a factual interpretation of the applicable legislative stipulation that the dead man was not included in the term of an individual allowed to take part in an election. Obviously it is not the purpose of legislative body. Though, the above mentioned literal construction can only be applicable when the words are used in simple and plain form. Pepper v Hart was a land mark case in this regard. In this case the court allowed adding references in cases where there is absurdity attached o any legislation or not. The golden rule allows a judge to depart from a word's normal meaning in order to avoid anabsurdresult.The principle called golden rule originated near about in 1854 and involve a new range of modification in the rule of interpretation. This rule makes harmonious construction between the rule of lateral meaning and mischief rule. This rule generally advocates for the plain and simple meaning of the word of the legislature but whenever there is ambiguity judges will apply their mind to fix it up to the mark. In Becke v. Smith case Parke J commented that it is necessary and useful principle of interpretation to hold the normal meaning of the statute unless there is a discrepancy with the intention of the law makers. To remove irrationality the words statute can be varied or modified to remove the inconsistency. In Grey v. Pearson it was commented by Lord Wensleydale that in case of all the written legal document normal grammatical meaning must be incorporated. But if there in inconsistency or irregularity in the meaning then judges take step accordingly. The rule was applied inSigsworth, Re, Bedford v Bedford .In this case court decide that the matter by applying this rule. This principle was applied on the section 46 of theAdministration of Estates Act 1925. That particular Act wanted that the law court must apply the rule for someones power of inheritance in certain situations. The decision took by the court in this regard was that nobody ought to make any earnings from any criminal activity. The court wants to analysis the word issue in the light of the golden rule. A boy killed his own mother and then he commits suicide. The court was interested about the decision regarding the matter of inheritance. There were no arguments regarding the profit make out of any crime. The main objective of the mischief rule is to find the defect in the statute and remove it to implement it in a suitable manner. The court must implement the rule in that manner which can give the proper remedy. In Conway v Rimmer case court apply the statutory interpretation rule to discover the intention of the legislative body. In this application court raises some question that what are those hidden provisions which the law did not find or fail to cover. The law passed by the parliament now going to reviewed by the court. The Mischief Rule has much conservative submission than other two above mentioned rule. This rule applicable in that special circumstances where the court what to apply the statute to remove all the mischief. In this case the judges can took the help of the secondary sources also like parliamentary committee reports, law reviews etc to find out the intention of the legislature. This rule enhances the power of judges to decide he intention of the legislative body. In this case it can be seen that the parliamentary supremacy somehow not maintainable, the judges have more power to interpret the law to make it useable. The main advantages of this rule are that in case of common law jurisdictions like UK the presence of binding precedent principle has its effect on the rule of interpretation which helps to prevent misuse of the laws. Different law commissions of England also find it more useful that other rule of interpretation because it generally avoid ambiguous and vague results and more over its in conformity with parliamentary sovereignty. Heydon's Case, the most important andlandmark case. This mischief rule is also called as Heydon rule for this issue. It was the first case where themischief rulewas applied for the interpretation of statute. For this reason this case has its own flavor and significance towards the rule. Themischief regulationis extra bendable in order to application from theGolden rule and Literal connotation rule. In this mischief rule adjudicators are the main authority to examine the draw backs to make the proper analysis regarding the gap in the area covered by any particular statute. The ruling of this case was basically light upon the discussion and conflicts between the existing laws and pre existing common law. The judges of this case decide the matter and state that the object of a law was to remove the trouble occurring from the defect present in the common law. For that reason the court state that capacity of the statutes are inadequate so judges are required to interpret the law in quest of the actual intention of the legislators, or intention for the benefit of the public at large. In this case four questions are come into existence that what was the existing law before the said Act come into force? What was the proper or actual trouble and imperfection which the common law failed to cover and also discussed about the solution which parliament used to cure that problem and finally what was the real cause for that remedy. This case shows that though parliament is the highest authority in rule making but the judges also have the power to interpret it so that the defects in the law can be removes and the law can cover all the trouble occurred for that defect in statute. Principle of Binding precedent: Inthe systems of common law precedent has a greater value. Precedent generally means and includes that the decision of the higher court will be applicable to lower courts also.In general terms it can be said that in the same cause of action or in same related law if the higher court have any decision then it will be binding on the lower court also. Common lawlegal systems precedent has a greater value. Judges of the law courts are bound to follow the principle of binding precedent inthe jurisdiction of England. This is one of the distinguishing characteristics of the legal system in England. In the legal system of England the judiciary are not enjoys the right to construct their conclusion in relation to any progress or explanation of a statute. Lower courts may be obliged by a verdict decided in any preceding case. There are two crucial points in this regard. Firstly, the court must be in higher authority than the other court which is bound to maintain the precedent. Along with this the facts, scope, object or application of law of both the cases must be similar in nature between the two cases. Overlapping areas: If we consider the fact of constitution it is obvious that the judges are in subordinate position than the parliament. So judges are not in a position to challenge the validity of any of the decided laws enacted by the parliament. But the judges have the power to interpret the law in such a manner which will give effect to the he actual Act. Though there was a doctrine of parliamentary sovereignty but by interpreting the laws somehow they entered into the era of the legislature. In different cases as sighted above was shown that judges of different law courts apply their mind to cure the defect in the in the legislation and this power is amounts to trespassing to the power of the parliament itself. On the other hand the judges of the law court trespass to the authority of the executive also. The government means the executive enjoys the power of delegated legislation. But those delegated legislations are subject to judicial review. So in this case we easily understood that judiciary somehow restricts the power of executive also. In many cases if nay inconsistency occurs by any action of the executive the court will try the matter and pronounce the verdict. In case of the application of the principle of Sub Judice it was obvious that the parliament will not be able to discuss any matter in their session if that matter is pending on the court of law. In Jackson case the court determine the issue that there was always a restriction over the parliamentary supremacy if it involves any question of public good. Then the law court has the supreme authority interpret the case for the benefit of the public at large. Conclusion: By discussing the most prominent principle in UK that is the principle of binding precedent and the rule of statutory interpretation, it can be concluded that judges of UK to some extent encroaches in the domain of legislative and executive. The rights and duties are determined in the court of law. The legislations are effective to ensure those rights and duties but the court has the ultimate power to implement and utilize the meaning of the law as to the demand of the case. Executive cannot enjoy the arbitrary powers because their actions are also under the provisions of judicial review. In present era he law courts enjoys more power in interpreting the law and for the presence of the principle of binding precedent other courts also maintain that standard of interpretation. So the judiciary to some extent enters into the areas of the legislative and executive. I submitted the draft of this assignment. That draft was not up to the standard. It has problems in English like formation of sentence or grammatical errors. Now for this time I really work hard to meet the required standard. I read different articles and books from the library which are essential for this matter. My approach was not proper regarding the main issue. So I consult with my teacher and read different cases and books of jurisprudence and interpretation of statute. I am not citing all the resources in proper manner. Now for this time I learn the OSCOLA style of foot noting and implement it in proper way for referencing. References Black H and Nolan J,Black's Law Dictionary(West Pub Co 1990) Elliott C and Quinn F,English Legal System(Longman 2000) Endlich G,A Commentary On The Interpretations Of Statutes(Lawbook Exchange 2005) Katzmann R,Judging Statutes(Oxford University Press 2014) Leyland P,The Constitution Of The United Kingdom(Hart Publishing 2007) Lloyd of Hampstead D and Freeman M,Lloyd's Introduction To Jurisprudence(Stevens 1985) Ratnapala S,Jurisprudence(Cambridge University Press 2009) Riddall J,Jurisprudence(Butterworths 1991) Solan L,The Language Of Statutes(University of Chicago Press 2010) Becke v Smith(1836) 2 MW Conway v Rimmer UKHL Grey v Pearson(1857) 10 ER Heydon's Case(1584) 76 ER Pepper v Hart(1992) 3 WLR R (Jackson) v Attorney General UKHL Sigsworth, Re, Bedford v Bedford(1935) 2 MW Sussex Peerage Case(1844) 11 ClFin Whiteley v Chappel(1868) LR 4 QB
Sunday, March 22, 2020
Bill Bowerman and Phil Knight first founded Nike Inc. Essays - Nike Bill Bowerman and Phil Knight first founded Nike Inc. in 1964 as Blue Ribbon Sports. In 1971, it was re-named Nike after the Greek winged goddess of victory, strength, speed, glory, and fame. The Nike swoosh is meant to represent the wings of the goddess Nike, as she was often depicted in mythology with. The iconic swoosh was created by Caroline Davidson, an advertising student at Portland University. She was a freelancer asked to design a graphic logo that could fit on the side of a shoe by Phil Knight; she was paid $35 for her design. The first interaction between the founders of Nike was in 1959, when track coach Bill Bowerman met Phil Knight; who was a runner at the University of Oregon where he was coaching. The need for the company arose out of Bills desire to find lighter, more durable racing shoes for his university track team, and Phils desire to find a way to make a living without having to give up his love of sports. The two put their heads together, and the end product was a company that now dominates the market in its sportswear segment, despite having begun as a small distributing outfit from the back of Phils car. While Phil was obtaining his MBA degree at Stanford in the 60s, Professor Frank Shallenberger assigned his students with a project; the goal of which was to devise a small business and a marketing plan for its success. Building on his earlier brainstorms, Phils project consisted of the idea that quality running shoes could be produced at low cost in Asian countries like Japan, and shipped to the U.S. for distribution. In 1963, Phil actually traveled to Japan, and scheduled an interview with a Japanese businessman affiliated with Onitsuka Corporation and its subsidiary Tiger; to whom he presented himself as an American distributor with an interest in selling Tiger shoes to American runners. The boardroom executives liked what they heard; and Blue Ribbon Sports (BRS) was born. By 1964, BRS had sold 8,000 pairs of Tiger running shoes and had added salesman Jeff Johnson to the team. By 1971, the trademarked swoosh was implemented, BRS officially became Nike Inc., and the company hit $1 m illion in sales. Later into the 70s, Nike went from $10 million in sales to $270 million in sales and was hugely benefiting from (if not leading) Americas craze towards popularized fitness; a revolution that caused the idea of exercise and game-playing to transcend from an extracurricular that the average American did for fun, into a cultural signifier of status for health and wealth. Nikes brand prosperity is clearly evidenced in a quote from 1996 in Advertising Age (a magazine that analyzes data on marketing and the media), the ubiquitous swoosh was more recognized and coveted by consumers than any other sports brand. That same year, Nikes revenues were $6.74 billion, with $8 billion expected in the upcoming year, and a target of $12 billion by the millennium. With all that said however, Nike was still mindful of its competitors and the risks they pose on its global stage. For example, Nike is the main leader in its industry of sportswear (footwear, apparel, equipment and accessories) and is valued at 10.7 billion, but it does have a hefty amount of competition. Nikes main four competitors are Reebok, Adidas, Fila, and New Balance. Nike is the industry leader with a 47% market share, Reebok is in second place at 16%, and Adidas comes in third at 6%. The biggest contributor to Nikes edge over its competitors is its marketing and global business strategy. Nike relocated all of its factories overseas where it could utilize a more inexpensive workforce to fabricate its shoes, and 86% of its total products are now produced in either Taiwan or South Korea. With Nike cutting costs on the labor and production expenses, more capital was freed up and put towards increasing their advertising budget. For example, Nike spent four and a half times as much in advertising expenses as Adidas in 2003. This helped Nike gain much more awareness in the regions where they were marketing their product by demographic statistics. A tactic Nike has also relied on heavily to hold
Friday, March 6, 2020
For this concert report I chose to go to a performance of student composers held at the Kimball Recital Hall. I chose this one because I wanted to see some of the talent that my peers have in the music realm, and also it was one of the only concerts I have been able to attend because I usually work at night. It was impressive to hear pieces composed by students. I cannot imagine creating something as complex as a musical composition, much less actually performing it, so this aspect of the concert was particularly awe-inspiring. There was a large attendance, and I think that much of the audience consisted of friends of the composers and/or performers. I went with three friends, who I convinced by telling it would be interesting to see student composers. The first piece was called Oblique/musique composed by Patrick Swanson. This piece instantly stood out among the others because of the instruments involved. The piece was performed by two people: one playing a vibraphone and the other playing a large drum/cymbal/gong. However, the piece also contained prerecorded sounds of static, bass, and an incoherent voice. In this piece the melody was repeated many times. It was similar to the works of John Adams because of its repetitions, background recording, and minimalistic sounds. The second piece was a piano composition by Thalia Ventimilla called Ecuadorian Afternoon. This piece had a very relaxing melody and a Ã¢â¬Å"walking speedÃ¢â¬ tempo. It was not fast and not slow. The intensity of the piece started out high and gradually declined, then built up to decline again. This went on in a series of decrescendos, rising and falling with lots of chords being played. The third piece was a duet for the flute and the oboe by Julia Grace Brown. The piece contained two movements, but I could not tell when one stopped and the second began because there was no pause. While they played the flute was quicker, playing in short, fast, high pitched notes. ... Free Essays on Concert Free Essays on Concert The concert performed April 24th, 2001 in Baldwin Auditorium was one of the most remarkable I have attended. The title Ã¢â¬Å"Classical Meets Jazz VÃ¢â¬ drew my attention because I have studied that Jazz has a strong parallel with Baroque, but not with the classical period due to its counterpoint and layering. I thought that it would be a mixture of them, but I later found out that each piece performed was a style of its own. It all started with Andrea Adamcov playing the piano. She started playing a few soft notes with her left hand and suddenly she added some scattered notes with her other hand. The rhythm was starting to gain pace and you could hear the counterpoint that kept a constant tempo. This piece was clearly Jazz. After the second section of the tune was stated, it was then followed by the return of the first one. You could hear some dissonance. There was a point in which the texture became homophonic in a slow tempo, which appealed to my senses as sad. The final section of ChildrenÃ¢â¬â¢s Songs by Chick Corea starts very fast in an andante fashion. It keeps its speed through the whole piece. Then another melody is added and repeated again. The performance of Andrea struck me in the sense that it seemed that she really was into the music. I noticed this by her body language and the way she let the music flow through her arms, hands, fingertips, keyboard, strings and finally to the ears of the listeners. The second piece played by her was by Alberto Ginastera, which was an Argentinean composer known for making music that combines folk Argentine rhythms and colors with modern composing techniques. What I could notice from this piece was an exhilarating rhythmic energy and an hallucinatory atmosphere. The Prelude seemed to have some dissonant, fast, high-pitched notes. Another thing that could be appreciated was the motoric rhythm, which presented both the basic pulse and its subdivision. The Creole dance was a representation of ... Free Essays on Concert The concert performed April 24th, 2001 in Baldwin Auditorium was one of the most remarkable I have attended. The title Ã¢â¬Å"Classical Meets Jazz VÃ¢â¬ drew my attention because I have studied that Jazz has a strong parallel with Baroque, but not with the classical period due to its counterpoint and layering. I thought that it would be a mixture of them, but I later found out that each piece performed was a style of its own. It all started with Andrea Adamcov playing the piano. She started playing a few soft notes with her left hand and suddenly she added some scattered notes with her other hand. The rhythm was starting to gain pace and you could hear the counterpoint that kept a constant tempo. This piece was clearly Jazz. After the second section of the tune was stated, it was then followed by the return of the first one. You could hear some dissonance. There was a point in which the texture became homophonic in a slow tempo, which appealed to my senses as sad. The final section of ChildrenÃ¢â¬â¢s Songs by Chick Corea starts very fast in an andante fashion. It keeps its speed through the whole piece. Then another melody is added and repeated again. The performance of Andrea struck me in the sense that it seemed that she really was into the music. I noticed this by her body language and the way she let the music flow through her arms, hands, fingertips, keyboard, strings and finally to the ears of the listeners. The second piece played by her was by Alberto Ginastera, which was an Argentinean composer known for making music that combines folk Argentine rhythms and colors with modern composing techniques. What I could notice from this piece was an exhilarating rhythmic energy and an hallucinatory atmosphere. The Prelude seemed to have some dissonant, fast, high-pitched notes. Another thing that could be appreciated was the motoric rhythm, which presented both the basic pulse and its subdivision. The Creole dance was a representation of ... Free Essays on Concert For this concert report I chose to go to a performance of student composers held at the Kimball Recital Hall. I chose this one because I wanted to see some of the talent that my peers have in the music realm, and also it was one of the only concerts I have been able to attend because I usually work at night. It was impressive to hear pieces composed by students. I cannot imagine creating something as complex as a musical composition, much less actually performing it, so this aspect of the concert was particularly awe-inspiring. There was a large attendance, and I think that much of the audience consisted of friends of the composers and/or performers. I went with three friends, who I convinced by telling it would be interesting to see student composers. The first piece was called Oblique/musique composed by Patrick Swanson. This piece instantly stood out among the others because of the instruments involved. The piece was performed by two people: one playing a vibraphone and the other playing a large drum/cymbal/gong. However, the piece also contained prerecorded sounds of static, bass, and an incoherent voice. In this piece the melody was repeated many times. It was similar to the works of John Adams because of its repetitions, background recording, and minimalistic sounds. The second piece was a piano composition by Thalia Ventimilla called Ecuadorian Afternoon. This piece had a very relaxing melody and a Ã¢â¬Å"walking speedÃ¢â¬ tempo. It was not fast and not slow. The intensity of the piece started out high and gradually declined, then built up to decline again. This went on in a series of decrescendos, rising and falling with lots of chords being played. The third piece was a duet for the flute and the oboe by Julia Grace Brown. The piece contained two movements, but I could not tell when one stopped and the second began because there was no pause. While they played the flute was quicker, playing in short, fast, high pitched notes. ...
Tuesday, February 18, 2020
EMAIL PRIVACY - Essay Example Currently, email dominates modern communication. In fact, the survey that was conducted by the Forrester Research Inc. shows that 98 percent of companies with over one thousand employees have internet access. All the companies with internet access use email as the main form of communication at the organization. Email is a very new concept in communication, and it is rapidly gaining popularity. According to Cliffon (2005), it is estimated that in America, up to 1.5 billion emails are exchanged annually. Email Privacy Most people are of the view that since the emails are more personal, they provide a good platform for people to discuss personal issues. This is never the case in most cases; in fact, emails have made communication to be less personal since privacy in communication through emails or telephones is easily compromised. It is always very hard to write personal things on the email because a third party may see them; hence, emails are greatly compromised in terms of privacy. Ac cording to Cliffon (2005), the hackers are able to crack passwords for emails and, therefore, get access to personal information of others. Hacking presents a very precarious situation because hackers may get access to critical information such as credit number of an individual or even password for an individualÃ¢â¬â¢s bank account thereby defrauding individuals of their lifetime investments. The internet is highly susceptible to malicious attacks. The process of composing an email to the time that it reaches the final user exposes information to several electronic dangers. Despite this reality, many people are usually oblivious of the many privacy flaws they are exposed to when dealing with email. Crawford (2008) says that most individuals tend to think that the one layer email protection by the use of password is always sufficient to guarantee email privacy yet the one layer password protection is not sufficient to protect the content of personal or business email. Privacy Risks Due to the apparent privacy hitches in email communication, users of email are exposed to a number of risks. The reason for this is that email is highly susceptible to both active and passive attacks. Passive threats vary from traffic analysis and release of message contents. On the other hand, active threats include replay, masquerade, and altering of the contents of the message. Currently, most emails are transmitted unencrypted and this presents the danger that some unscrupulous individuals other than the designated recipient can gain access to content of the email. Such unscrupulous individuals usually have some tools that they use to gain access to the contents of the email (Quigley, 2011). The idea of traffic analysis presents the danger of evading email privacy. Traffic analysis is a routine surveillance by government through monitoring of emails as a measure to counter terrorism as well a thwart any form of political eavesdropping or espionage. In as much as traffic analysi s is justified on security grounds, this approach compromises on the privacy of emails since through the process, access to the private email messages of individuals or corporate is gained. The other potential risk with regard to email privacy is the possibility of altering and modification of the contents of the email. Using spoofing tools, unscrupulous individual can intercept an email message on transit or storage and then modify the contents of such messages. Rao and Upadhyaya (2009) argue that the other potential risk of email privacy is the issue of masquerading; it is possible for an individual to send an email in the name of another person or any corporation. Moreover, it is worth noting that email messages can be resend to individuals more