Descartes Second Meditation Essays - Ren Descartes, Metaphysics

Descartes' Second Meditation In Meditation two, Descartes embarks on his journey of truth. It discusses how a body can perceive things, such as objects. Attempting to affirm the idea that God must exist as a fabricator for his ideas, he stumbles on his first validity: the notion that he exists. He ascertains that if he can both persuade himself of something, and likewise be deceived of something, then surely he must exist. This self-validating statement is known as the Cogito Argument. Simply put, it implies that whatever thinks must exist. Having established this, Descartes asks himself: What is this I which necessarily exists? Descartes now begins to explore his inner consciousness to find the essence of his being. He disputes that he is a rational animal for this idea is difficult to understand. He scrutinizes whether perhaps he is a body infused with a soul but this idea is dismissed since he cannot be certain of concepts that are of the material world. Eventually he focuses on the act of thinking and from this he posits: I am a thing that thinks. A thing that doubts, understands, affirms, denies, wills, refuses, and that also imagines and senses. To prove that perception on the part of the mind is more real than that of the senses Descartes asks us to consider a piece of wax. Fresh from the comb the qualities we attribute to the wax are those derived from the senses. Melted, the qualities that we attribute to the wax are altered and can only be known to the intellect. Descartes demonstrates how the information from the senses gives us only the observable, it is the mind that allows us to understand. The results of the second meditation are considerable, doubt has both proven the certainty of Descartes existence and that his essence is the mind. Philosophy Essays

Free Essays on Battle Of Midway

The article â€Å"Return to the Battle of Midway† by Thomas B. Allen is a summary of the battle. While Allen tells of the events, he also tells of the stories behind the events. It is interesting to note that the stories came from both sides of the war. Allen found himself on Ballard’s ship, Ballard was the man that found the Titanic, and the people that he interviewed were actually shipmates. They were looking for the Yorktown, a ship that had been sunk by the Japanese. Taisuke Maruyama was in charge of the airplane that bombed the Yorktown. He recalls how he didn’t want to die before dropping the torpedo. The other three survivors on Ballard’s ship aside from Surgi were Harry Ferrier, Yuji Akamatsu, and Haruo Yoshino. They had all been in the air during the battle. They attacked the Arizona and the Oklahoma respectively. Two months later they were on their way to attack the naval base at the Island of Midway. The Japanese were getting ready t o lead a major offensive, spearheaded by four aircraft carriers supported by eleven destroyers, two battleships and three cruisers. As the Japanese sailed toward Midway, they believed that they would be able to surprise the Americans, but in fact, the Americans were ready with the Hornet, the Yorktown, and the Enterprise. Thanks to the American cryptanalysts, the Navy was not taken by surprise. These code breakers sent messages that they knew the Japanese could decipher. American carriers met at â€Å"point Luck† and got ready for battle. The Americans were outnumbered and hoped to find the Japanese first for the upper hand. They found them, and just like American intelligence had expected, the Japanese attacked Dutch Harbor followed by the attack on Midway. Because of this Japanese planes found themselves within a swarm of heavy antiaircraft fire. Even so, the Japanese zeros killed most of the American fighters. American ships were sent to attack Japanese ships, with ... Free Essays on Battle Of Midway Free Essays on Battle Of Midway The article â€Å"Return to the Battle of Midway† by Thomas B. Allen is a summary of the battle. While Allen tells of the events, he also tells of the stories behind the events. It is interesting to note that the stories came from both sides of the war. Allen found himself on Ballard’s ship, Ballard was the man that found the Titanic, and the people that he interviewed were actually shipmates. They were looking for the Yorktown, a ship that had been sunk by the Japanese. Taisuke Maruyama was in charge of the airplane that bombed the Yorktown. He recalls how he didn’t want to die before dropping the torpedo. The other three survivors on Ballard’s ship aside from Surgi were Harry Ferrier, Yuji Akamatsu, and Haruo Yoshino. They had all been in the air during the battle. They attacked the Arizona and the Oklahoma respectively. Two months later they were on their way to attack the naval base at the Island of Midway. The Japanese were getting ready t o lead a major offensive, spearheaded by four aircraft carriers supported by eleven destroyers, two battleships and three cruisers. As the Japanese sailed toward Midway, they believed that they would be able to surprise the Americans, but in fact, the Americans were ready with the Hornet, the Yorktown, and the Enterprise. Thanks to the American cryptanalysts, the Navy was not taken by surprise. These code breakers sent messages that they knew the Japanese could decipher. American carriers met at â€Å"point Luck† and got ready for battle. The Americans were outnumbered and hoped to find the Japanese first for the upper hand. They found them, and just like American intelligence had expected, the Japanese attacked Dutch Harbor followed by the attack on Midway. Because of this Japanese planes found themselves within a swarm of heavy antiaircraft fire. Even so, the Japanese zeros killed most of the American fighters. American ships were sent to attack Japanese ships, with ...

Tenancy Agreement Essay Example | Topics and Well Written Essays - 2750 words

Tenancy Agreement - Essay Example The Express terms are those clauses which are exclusive to the pertinent agreement, either in the written form or in the verbal form. In the Great Britain, tenants, by law, usually do not have a right in this arrangement. Nevertheless, owners dealing with the public sector normally provide an agreement on paper. This should be mutually attested, and after that it becomes imperative that the owner gives his contact information and a copy of the arrangement to each tenant. It is advisable that the written agreement includes the names and contact information of both the parties, the date, details of the payment and any time durations that may be set regarding the tenancy. The implied terms are all those clauses that are specified by law and are binding on both the parties regardless of the express terms. These include the duty of the tenant to care for the property and their right to live in peace without any disturbance from the owner, and the duty of the owner to supply basic amenitie s and perform repairs up to a level set by the law. There are three documents concerning the agreement that a tenant is entitled to, and by withholding which the owner would be committing a criminal offence. If the period of the tenancy is not fixed, but weekly, the tenant is entitled to receive a rent book by the owner. In case the name of the owner is unknown, any intermediate party between the tenant and the owner should provide the tenant with the full name and the contact information of the owner before 21 days, starting from the date of the agreement. ... that a tenant is entitled to, and by withholding which the owner would be committing a criminal offence. If the period of the tenancy is not fixed, but weekly, the tenant is entitled to receive a rent book by the owner. In case the name of the owner is unknown, any intermediate party between the tenant and the owner should provide the tenant with the full name and the contact information of the owner before 21 days, starting from the date of the agreement. For all tenancy agreements formulated on or after 28 February 1997, the tenant must get a written form of the express terms of the agreement within a period of 28 days after such a request, in written form, is made by the tenant. 3) Major types/divisions of Tenancies: Tenancies are divided into two basic divisions: public sector tenancies, and private sector tenancies: a) Public Sector Tenancy: A tenant is a public sector tenant if he is under the jurisdiction of the district and London borough councils, also known as the local authorities, a Housing Action Trust, a housing association or a housing co- operative. The tenants of the local authority and the Housing Action Trust, together with those tenants of the housing association and co-operative whose agreement started before 15 January 1989, are 'secure' tenants. The tenants of the housing association and co-operative whose agreement started on or after 15 January 1989 are 'assured' tenants. i) Payment: By right, both the

Mamagement of information technology Case Study

Mamagement of information technology - Case Study Example Is MIS a failed discipline Have we gone on for almost three decades without making progress" (Briggs, Robert O., Nunamaker, Jay & Sprague, Ralph, 2000:5-10) In the beginning of twentieth century, revolution began in knowledge and information then accelerated gradually thereafter. It became now the foundation for many new services and products where in 1974 applications pushed the limits of human ability. As information system, research advanced so did user expectations. And the question raised is how individuals, organization can adjust in order to leverage the delivery of information technology. The infrastructure of the information technology (IT) affords the base for an organization to construct its information system needed to complete the work and provide the employee with all the necessary information. However, management decisions regarding IT are very critical because it affects employees' productivity and performance and therefore, it may affect the organization's overall success(Gareth R.Jones, 2000). "Across all industries nevertheless, developing countries are increasingly deploying IT to solve their development problems. Lending by the World Bank for[ information technology] (IT) has been growing at six times the growth rate of total Bank lending, and is present 90% of Bank's lending operations. However, while the provision of the technology is a necessary condition for achievement of the benefit which IT can bring, there is mounting evidence to suggest that this itself is not sufficient. Changes are required in the behaviour of individuals and organization also)." (Al-Gahtani, 2003, p57, 13p) Information system plays a very essential role in the banking industry particularity. It relies heavily on information technology. In this fast-paced world, no bank can function without highly sophisticated information system. In addition to that, it limits the demand for labour in general. Purpose and Scope "Management information system is essential for creating competitive firms, managing global corporations, and providing useful products and services to customers." (Laudon, 2002,P1) It provides information figure of reports and exhibit to managers. For instance, sales managers may use their computer workstations to obtain sales outcome of their products and to access weekly sales study reports, and then assess sales made by every salesperson. "Management information systems arose in the 1970s to focus on computer-based information systems aimed at managers." (Laudon, 2002, P15). since of the growths of the Internet, globalisations of deal, and the increase of information financial system, have to get better the position of information systems in business and management. And then it wants pays concentration to organisation management information that subject rose by sociology, finances, environment and psychology. "An organization is a stable, formal social structure that takes resour ces from the environment and processes them to produce outputs." (Laudon, 2002,P87) This essay will be evaluating the contribution of Management Information System to

How far could ancient tribal traditions and religious beliefs be held Thesis

How far could ancient tribal traditions and religious beliefs be held to blame for the problems between African nations or What - Thesis Example ’ I believe that the proposed assignment has much relevance in the present context where the international relationships between nations are at stake and the tuck of war is undergoing in many countries. As a student I am much interested in the international relations of the nations. Even though I don’t have much knowledge in it, I believe that if the international ties between the nations are strengthened up, much of the problems among the nations will come down. The international court has a predominant role to guide the nations through peace and security. In the field of international justice, day by day, many issues related to the encroaching, terrorism, territorial dispute, and unhealthy competitions between and among nations are rising to an intimidating level. As this topic is dealing with the present situations of the world and it has become a focus for interest, I wish to take up this assignment. I believe that this study has some relevance for studying. As far as I am concerned I wish to have a thorough study on the topic. The knowledge about the various elements of international law and the implementation of it in the present situation are to be studied. ... I believe that the aspect of international law and the strategies for settling the disputes among the nations is a major concern that the law should look through. At many times the international law has failed to judicially execute the disputes that emerged from different parts of the world. There should be enough clarification in the implementation of law by the different agencies. I plan to give more stress on this aspect in my research. It is sure that if ever I get a chance to meet an expert on this subject I would ask certain questions which is puzzling in my mind. Of course the major doubts of mine will be in the reforming of the international law. I want to know the how this law can take reforms and how this law will arbitrarily make decisions on different issues that are coming up day by day. I would like to list out some of the questions that I ask to the expert. I will ask him about the shift in that occurred in the international level as the powerful nations consider this as a tool of their supremacy. It is also good to ask about the modern changes that are to be there in the international law. I propose to ask on how the international court can exercise power in dealing with the dominant nations of the world. I will ask him what the reforms are proposed by the international law committee regarding the upcoming elements of terrorism in each country. By asking many questions I believe that I will get a clear cut idea on the international law and its role in maintaining peace among nations of the world. If ever I was asked to get a book on their reforms of International law I would suggest the article, ‘International Law in Times of Hegemony: Unequal Power and the

Law Heritage of International Law

Law Heritage of International Law International law theorists are largely in agreement when discussing the natural law heritage of International Law. The two were virtually synonymous until the nineteenth century.[1] The conception of International Law as a branch of law is often associated with Hugo Grotius, the celebrated natural law theorist, which is a testament to the undeniable link. This was also due in part to the underdevelopment of international positive law, the relative absence of recognised customary international law and treaties, such as we enjoy today. This void was instead filled by natural law, which had matured over some two millennia. Natural law has often been referred to as philisophia perennis by some scholars.[2] Therefore, the common ground that legal systems share has been cultivated under natural law, and similarly, the common ground for the genesis of an international legal system had also been natural law. By the thirteenth century natural law had reached its zenith with the works of Thomas Aquinas. However, it was not until much later, the middle of the twentieth century to be more precise, until legal positivism became hegemonic. This was a result of post-enlightenment European thought and the rise of thinkers such as Hobbes and Locke who provided fresh insights into philosophy as well as governance. Fresh thought brought with it fresh reaction for and against the work of the naturalistic school of jurisprudence. The criticisms came from within the naturalist tradition due to a divergence from the original lex naturalis, as well as out with from the positivists.[3] At the beginning of the nineteenth century, attempts to successfully establish international law within the positivist framework proved futile. At first it was decisively excluded from the realm of positivist jurisprudence, following which it sought to reclaim it on its own terms. Lon Fuller has appropriately described thi s approach as one of icy rejection and [then] an acceptance in a bone-crushing embrace.[4] The unacceptance of international law by the legal positivists, at least initially, was due to the latters unwavering loyalty to legal positivisms core tenets. Despite numerous attempts by positivists, they were simply dumbfounded at the possibility of an object with so-called juridical character which did not stem from the will of a sovereign. By the start of the twentieth century the tide had well and truly turned in favour of legal positivism. This ushered in a new era on the jurisprudence of international law, which was rather glibly summed up in a 1926 opinion of the Mexico-United States General Claims Commission: The law of nature may have been helpful, some three centuries ago, to build up a new law of nations, and the conception of inalienable rights of men and nations may have exercised a salutary influence, some one hundred and fifty years ago, on the development of modern democracy on both sides of the ocean; but they have failed as durable foundation of either municipal or international law and can not be used in the present day as substitutes for positive municipal law, on the one hand, and for positive international law, as recognised by nations and government through their acts and statements, on the other hand.[5] As the eighteenth century drew to a close, so did the window to what was now a dated philosophy in the field of jurisprudence natural law. This was largely down to a continental shift toward proper science. This new dawn in European civilisation left little room for conjecture and ideas of a capricious nature. In other words, scholarly credibility lay in forming ideas based on a methodology akin to that of the natural sciences. Over a relatively short space of time international law theorists tipped their proverbial hats to natural law for its immense contribution to the field of international law and gave up conjecture for observation, and analysis in place of evaluation. Two of the most important figures in the history of legal positivism were Jeremy Bentham (1748-1832) and, his compatriot John Austin (1790-1859). Austin is a distinguished and celebrated figure in the positivist tradition because of his innovations in English legal thought. His works have been praised far and wide, and perhaps by none more so than the Cambridge jurist T.A Walker (1862-1935) who pronounced Austins work as the starting point of all English dissertations on legal science.[6] In the hope of extending jurisprudence the same status as that of the natural sciences, Austin was resolute in his stance on the distinction between law and ethics. With said task in mind, Austin provides a succinct account of what defines positive law: The essential difference of a positive law (or the difference that severs it from a law which is not a positive law) may be stated thus. Every positive law, or every law simply and strictly so called, is set by a sovereign person, or a sovereign body of persons, to a member or members of the independent political society wherein that person or body is sovereign or supreme.[7] However, regarding international law, Austin adopts a different tact. In an attempt to offer an explanation to the enigma that is international law, Austin decides to head it under the science of positive morality as opposed to law properly so called. His reasoning stems from international laws apparent unfulfillment of the criteria put forth by legal positivism. Austin believes international law to be materially lacking in the sense that no laws strictly so called emanate from a sovereign to members of an independent political society. Therefore, since there is no sovereign and independent political community which is in turn subject to said sovereign, then international law is not law so properly called.[8] The need for a sovereign in Austins view is largely due to the power it affords the law. He believes the obligatory status conferred upon the law is a result of the possible punishment, by the sovereign, that may befall a wrongdoer in case of disobedience: the prior of which is not bound by any law and is the source of all law properly so called. The notion of all law being dependent on the will of a sovereign state is one that is entirely mismatched to the characterisation of international as a proper legal system. This concept seeks to preclude the very possibility of any form of real governance of international relations amongst sovereign nations. This rather seems a case of square pegs and round holes. It is perhaps the narrow mindedness of attempting to fit international law in an entirely uncompromising mould. This approach fails to connect with the reality of international life. Which is evident in the fact that states continue to respect international law as law; through their acceptance of the rulings in the vast majority of cases, through upholding diplomacy, exercising legal rights and accepting others legal rights as well as signing treaties and regarding themselves and others as being bound by those treaties. An alternative perspective to the absolute expulsion of international law from the positivist arena, is one posited by H.L.A Hart. In his view the rules of international law need only be accepted as standards of conduct and supported with appropriate forms of social pressure to be regarded as obligatory, binding, legal rules.[9] However, since there is no secondary rule which stipulates the criteria of legal validity of rules, their existence depends on whether they are accepted as a rule or not.[10] International law therefore consists of rules which constitute not a system but a set of rules.[11] Albeit this line of reasoning is more accepting of international law as a binding, obligatory force, it does contain a major caveat. Whilst conceding international does indeed exist as law, Hart does not afford it the same status as that of a municipal legal system, which he considers to be more advanced and acceptable to the standards of positivist thought. This presents a dilemma for int ernational lawyers: to accept Harts reductionist methodology or is international law deserving of a more comprehensive designation in the jurisprudential sphere. As discussed previously, international law owes a great deal to natural law for laying the foundation for a system that is now known as international law. However, due to its metaphysical nature it was unable to ground itself as a science properly so called. In the post-enlightenment era, the baton of jurisprudence was passed over to the now favoured legal positivism. This is where we initiate proceedings into the correct classification of international law. Chapter 2: International Law as Law: An Academic Glass Bead Game? The classification of law is a concern of the utmost gravity for the international lawyer, as this has the ability to influence perceptions about the field, which is a hugely significant factor in the reaction it invokes when infringed. Perhaps the most imperative question on the minds of those who doubt international system as a legal system is the quality of it.[12] Too often it is the case that international lawyers adopt an argumentative tact which ultimately proves to be a futile endeavour, because the question remains unanswered.[13] With the introduction of his celebrated work, The Province of Jurisprudence Determined,[14]John Austin has yielded great influence over the jurisprudence of international law: most notably because of the command theory. Austin proposed theory was as follows: law consists of rules which are issued by a sovereign; are defined as commands, coercive orders, or wishes; backed by the threat of imposing an evil in the form of a sanction in case of non-compliance with said command, coercive order, or wish.[15] In Austins view a material condition for a rule to elevate to a law is that it must be issued by a sovereign who is habitually obeyed by the majority of a society and who himselfÂÂ   does not habitually obey another human superior.[16] As is evident, the command theory precludes international law from the ambit of law. According to Austin international law is not sourced from the command of a sovereign but rather it is set by general opinion and enforced by sanctions that equate t o a mere moral duty.[17] Therefore, international law is outside the legal positivist tradition and is reduced to a form of international morality by Austin.[18] As a result of Harts effective repudiation of Austins command theory,[19] which had proven to be a formidable hindrance in recognising international law as law has been largely abandoned. Austin can be considered as the last significant denier of the legal quality of international law and the refutation of one of his most notable theories has provided some much-needed respite to the international law is law camp. However, the debate is still very much alive and kicking as there have always been and still are approaches which neither fully discount international law nor accept it as the finished article for the purposes of international politics. The legal realists such as Georg Schwarzenberger and Hans Joachim Morgenthau, illustrate this well by decreeing it as a reality of the international system but vehemently questioning its ability to kerb power exercised by states.[20] To the same effect, Kenneth Waltzs neo-realist account of international relations entirely omits any part play ed by international law.[21] More recently a fresh challenge has been posed by Jack Goldsmith and Eric Posner in their work The Limits of International Law, who argue that a states interests, above all else, is the determinative factor regarding its compliance with international obligations.[22]ÂÂ   Thereby claiming that international law in all its might has little to do with state conduct in the international arena. It can be said that the various ways in which the legal quality of international law is brought into question is not ultimately decided upon the basis of the jurisprudential question of whether international law really is law properly so called. However, such questions do fuel the fire of doubt which lends itself it to strengthening the position of commentators who seek to endorse a more restrictive approach to the international legal order. The benefit of clarifying international laws position through an analytical framework is two-fold: it can help explain the system better, and perhaps rather more importantly, it can aid the international lawyer in correctly identifying and interpreting the law.[23] Thus permitting a seemingly theoretical endeavour to yield practical results. The Significance of Hart in Particular The mere fact that analytical jurisprudence is of great importance in fashioning a well-reasoned answer to our proposed question does not alone merit an exhaustive engagement with Harts concept of international law. However, for a multitude of additional reasons it seems a conducive exercise, not least of all from the perspective of international law, to analyse Harts theory. As previously stated, Hart carried out the repudiation of Austins attempt to diminish international law to mere international morality. Further to this, positivism is considered by commentators on the subject of international law to be one of the most influential theoretical approaches.[24] In the same vein, it seems only natural to examine the works of one who is not only one of the most influential contemporary legal positivists, but also one of the very few legal theorists who was concerned with approaching international law from the perspective of analytical jurisprudence. There is a prevalent belief that the study of positivism within international law has now reached the stage of flogging a dead horse. This notion is somewhat misconceived when Hart is the theorist in question. Whose concept of positivism saw fit to move away from the consideration that one could gauge the validity of a legal system with the will of sovereign states. The late 19th century and early 20th century positivist accounts of international law were essentially voluntarist theories of international law. This is evident in the works of classical positivist such as Georg Jellinek, who viewed the basis for obligations under international law as an act of auto-limitation by states,[25] and Heinrich Triepel, who further developed this voluntarist theory replacing the will of the individual states with the common will of states.[26] This voluntarist approach found its basis on the landmark Lotus decision of the Permanent Court of Justice in which the court held that [i]nternational l aw governs relations between independent States. The rules of law binding upon States therefore emanate from their own free will as expressed in conventions or by usages generally accepted as expressing principles of law.[27] Therefore, positivism not only gives a firm nod of approval toward state sovereignty but also displays a belief in the consensual character of international law: no state can be bound by a rule of international law unless it has explicitly or tacitly consented to it. The historically strong affiliation between legal positivism and voluntarist conceptions of international law has led many scholars to believe that positivism is essentially a voluntarist approach to international law.[28] However this signals a tunnel vision to legal positivism, which in the international law arena does not have to be equated with voluntarism.[29] At the crux of legal positivism, there is an assertion that all legal facts are determined by social facts alone.[30] However, a point of disagreement arises when the question of what those social facts are is posed. For Jellinek and Triepel it was the will of states, for Kelsen it was the Grundnorm,[31] for Hart the rule of recognition. Positivism can be considered a malleable concept of law, as it has the ability to encompass an approach to international law which overcomes the constrictive nuances of voluntarism. Learning from Austins Mistakes: A Critique of the Command Theory Hart believed that the major defect with Austins theory lay in its promulgation of understanding law as a set of rules which had been issued by a sovereign. Based on this contention Hart began his work, by refuting both Austins theory on rules and his proposed theory on sovereignty. Respectively, Hart was unsatisfied with the explanation of labelling all legal rules as coercive orders. Whilst the fact was true that such a theory could provide the basis for understanding certain branches of the law, namely criminal law and delict/tort, it fails to take into consideration power-conferring rules. The latter of which do not encumber individuals, but rather they are utilised in finding and altering legal relations or granting powers to public officials.[32] Hart believes that homogenising power-conferring rules with orders backed by threats has given rise to a misnomer commands which has distorted the difference.[33] An additional concern with this characterisation is that it provides n o explanation for a scenario in which the sovereign can issue law which binds himself.[34] Lastly, Hart states that it would be baseless to suppose that all legal rules can source their origin to a wilful act of a legislator, especially with regards to customary law.[35] The role accorded to a sovereign in Austins theory is highly disputed by Hart. Who finds the concept to be overreaching in the sense that the sovereign issues orders, which are habitually obeyed, and who himself obeys no one else. The issue, as Hart states, arises with respect to the continuity of law. This common ideal cannot be upheld under habitual obedience.[36] That is to say, Austins theory fails to explain the effect of a new lawmakers particular powers because the basis of his theory rests on the normative supposition of habitual obedience, which it is not.ÂÂ   This in turn cannot lend itself to a successful transfer of law making powers to the new legislator. Therefore, Hart posits that past habitual obedience is no guarantee of future habitual obedience to a new sovereign.[37]Further to this, the command theory also neglects to clarify the persistence of law.[38] Which begs the question: if a command by a person who was habitually obeyed is no longer in power, what leg al value does the command retain, if any at all. Hitherto, it is one of the defining features of a legal system that laws passed by a legislator retain their power long after the legislator waives his position. Lastly, the influence granted by Austins theory to the sovereign disregards legal limitations faced by a legislature.[39] Austin suggests that the legislator may only face legal limitations if said legislator is under obligation to another legislator. This has the undesired effect of not only undermining the sovereignty of a legislator but rather removing it altogether due to his subjection to another sovereign.[40] Therefore, removing the possibility of law being understood as the will of a sovereign.[41] Chapter 3: Harts Fresh Start: Law as the Union of Primary and Secondary Rules From the criticism of Austin, Hart forges a fresh approach in the form of primary and secondary rules. The lack of explanation offered by Austin on the subject of power-conferring rules acts as a catalyst for Hart to introduce and explain the difference between primary and secondary rules.[42] At the crux of it, primary rules impose duties on individuals. Whereas secondary rules provide the basis for creating, altering and defining the ambit of primary rules and are more commonly known as power-conferring rules. In his endeavour to demonstrate the requirement of secondary rules, Hart puts forth the example of a primitive society, which although follows certain customary rules, it does not fulfil the requisites for a legal system.[43] The system in such a society will no doubt have rudimentary regulations that facilitate its governance, but it will ultimately lack the power or means to authoritatively alter rules and resolve disputes arising from said rules. In Harts view, such a system would only be able to satisfy a relatively cognate society, and would not be agreeable if replicated on a larger scale.[44] The system of rules would suffer from rigidity in the face of social change as there would be no identifiable way to authoritatively alter them; uncertainty would arise surrounding the effectiveness of rules as there would be no means to monitor their efficiency. To address the issues facing primary rules, Hart proposes a system in which they are accompanied by secondary rules.[45] Harts rule of recognition would mitigate uncertainty and problems in authoritatively identifying primary rules. Further to this, rules of change would make the system more adept by vesting power in an individual or a group of individuals to readily create new primary rules when necessary. Lastly, the rules of adjudication would grant the representative powers to adjudicate authoritatively on possible violations of primary rules, thereby overcoming the inefficiency of a primitive system. The rule of recognition can be described as the defining characteristic of Harts concept of law. He believed it to be at the core of a legal system, as it lends authority to primary rules.[46] In contemporary legal systems, the rule of recognition dictates the precedence afforded to varying criterion.[47] The supreme criterion amongst them, must be one that overarches all other sources of law. Therefore, the rule of recognition, is the ultimate decider in a legal system.[48] Thereby granting it the unique position of not having to source its origins back to any other rule in a legal system, unlike every other criterion which is subject to the rule of recognition. In short, it serves as the standard bearer for every other rule and is perpetual in its existence. In order to establish a workable template for a legal system that amalgamates primary and secondary rules, Hart lays out the foundational aspects for such a system.[49] An elemental criteria according to Hart, is one of general obedience to the primary rules by the citizens. On the other hand, Hart rejects the assumption of secondary rules being obeyed by public officials, to whom they are addressed. This seems an amicable stance, as it would be unintelligible to class their conformity to the rules which confer law making powers on them as obedience or when they fail to conform, as disobedience. Let us consider the example of a judge, who in his duty of identifying and applying a statue, obeys the rule of recognition. It hardly seems an appropriate description of his task. Consequently, the rule of recognition requires unanimous acceptance by public officials according to Hart.[50] Whereas primary rules need only be accepted by the citizens to be considered legally valid, the rule of recognition is reliant on the fact that public officials believe it to be the general standard of legal validity and enact it to that degree.[51] Basic Elements of Harts Concept of International Law On the basis of his general theory Hart develops his concept of international law in Chapter X of The Concept of Law. In this chapter Hart approaches the question whether international law constitutes law or international morality. Only in the last section of Chapter X does Hart ask whether international law is sufficiently analogous to the municipal legal order to be qualified as a legal system. International Law as Law? According to Hart, international law lacks certain features which place it outside the fold of a developed legal system. He believes this ascription to be merited on the basis of; lack of an international legislature, absence of courts with sufficient authority, and the inadequacy of centrally organised sanctions.[52] In his estimation, such shortcomings ultimately consign international law to the position of a simple form of social structure, found in primitive societies.ÂÂ   Thereby giving rise to Harts claim that international law is largely made up of primary rules with little in the way of secondary rules. Hart goes on to examine the consequence of a lack of centralized sanctions, more notably, the effect this has on the classification of international law as law. In his view, not only are there no such sanctions under international law, United Nations Security Council attempts to establish them under Chapter VII of the UN Charter would be an exercise in futility as the veto would prove to be an unsurmountable challenge.[53]On the other hand, Hart does not believe sanctions are the elemental factor in states satisfying their obligations under international law. Such a belief would stem from the command theory obligations being backed by the threat of sanctions in case of disobedience which Hart had already refuted. Similarly, Hart argues that in establishing primary rules which prohibit the free use of force and providing rules for the use of force on official grounds as a sanction, are essential traits for all municipal legal systems. Such a system derives logic from the fact that human beings are based in communities, are of roughly equal strength, and have innumerable opportunities to harm their counterparts, all of which requires an approach that goes beyond relying on mere natural deterrents.[54] On the other hand, the international stage presents a different situation altogether. International acts of aggression are very well documented compared with those that occur on a domestic level between individuals. The possibility of third parties getting involved and the unpredictable nature of war, more often than not, acts as reason enough for states to avoid violence. Moreover, all states are not equal with regards to power and strength.[55] That is to say, sanctions would offer little in the way of acting as a deterrent for powerful states or forcing such states to obey the rules.[56] The absence of sanctions from the international level is of little concern to the legal quality of international law. [1] Sir Fredrick Pollock, Essays in the Law (1922) 63. [2] Philosophia perenis: This term has been used to denote the collective works of, most notably: Aristotle, the stoics, Augustine, the scholastics, and more latterly the neo-scholastics and the neo-thomists, referring to the body of philosophical truths common across ages and civilisations. See Heinrich A. Rommen, The Natural Law: A Study in Legal and Social History and Philosophy (1946: 1998 edition translated by Thomas R. Hanley) 27-2, note 21. [3] Sir Fredrick Pollock remarking on the damage done by some scholars in the Enlightenment period post-Rousseau to natural law: Modern aberrations have led to a widespread belief that the Law of Nature is only a cloak for arbitrary dogmas or fancies. Essays in the Law (1922) 32. [4] Lon L. Fuller, The Morality of Law (1969 revised edition) 232. [5] North American Dredging Company of Texas (USA) v. Mexico, 4 RIAA 26, at 29-30 (1926). [6] T.A Walker, The Science of International Law *1893) 4.

Gay, Lesbian and Bisexual Issues - AIDS, Isn’t it Time We Demand Action? :: Argumentative Persuasive Essays

AIDS – Isn’t it Time We Demand Action? There are 42 million people living with AIDS worldwide. 950,000 are in the United States. New cases exceed 5 million every year. More than 28 million people die from AIDS each year. Within 10 years there will be 40 million orphans in Africa due to AIDS, and more than one-third of heavily affected countries have no strategies to deal with them. AIDS is now the fourth leading cause of death globally, and the leading cause of death in Africa (â€Å"AIDS at 20†). The plague that’s killed 22 million isn’t done with us yet. While we hunt for a vaccine, people continue to die—from AIDS or the drugs intended to treat it (â€Å"AIDS at 20†). â€Å"AIDS is not only killing the sick, but also crushing the healthy. There are two kinds of people here, the infected and the affected† (Kristof, â€Å"As Millions Die†). Though there are various excuses regarding AIDS funding, political stances, and the debate of whether or not Africa is ready to receive treatment, the fact remains that AIDS cannot sit on the backburner anymore: action needs to be taken now. FUNDING First, the question of funding; the cost of drugs has been a major issue in the treatment of AIDS. The estimated spending on AIDS prevention, care, and support in low and middle income countries in 2003 is $4.7 billion, while the estimated dollars needed to address AIDS care, prevention and support in low and middle income countries is $6.5 billion in 2003 alone, with an additional $10.5 billion in 2005 and $15 billion in 2007 (Avert). In part because of those inadequate funds, many countries will not meet basic goals like rapidly expanding AIDS prevention and care expected to them by 2005. Perhaps if America wasn’t spending an extra 87 billion dollars on futile efforts in Iraq, they would have more money to spend on the dying. â€Å"If pockets had been opened earlier, millions of lives would have been saved† (â€Å"Slowly, the Virus is Being Fought†). POLITICS There are also many various political stances regarding AIDS; President Bush pledged $15 billion for AIDS in African countries and the Caribbean over the next five years. But instead of $3 billion for the first year, he backtracked to just $2 billion (Kristof, â€Å"Prudery†). And instead of using existing channels to help, Bush created a new bureaucracy.

Key Roles and Responsibilities Essay

Management: Management have a cardinal function and a big duty of guaranting wellness and safety is followed in their saloon. Directors need to guarantee that all of the right steps are in topographic point so as to maintain all statute laws in order. If directors did non hold any duty in the workplace so all employees would hence non follow any statute laws and many staff and clients could potentially be injured. Directors have to guarantee that all employees on a regular basis read SOP’s and complete all on-line classs sing new statute law every bit good as refresher classs sing wellness and safety at work. Human Resources Manager: Human resources have the chief function within Wetherspoons sing the duty of wellness and safety of the full workplace. Without Human resources the company would non hold any of the SOP’s ( Safety Operating Procedures ) or COSHH ( control of substances risky to wellness ) manuals. If human resources did non make this Wetherspoons would be runing against many Torahs and hence be shut down. Bar Associates: Bar associates have a minor duty in wellness and safety at work but a big function for keeping wellness and safety in the workplace. If staff members did non transport out frequent saloon. floor and lavatory cheques so both employees and clients will be at hazard of a possible hazard. This could be stealing on a spilt drink or the lavatories being unhygienic. Staff need to constantly do the saloon. floor and lavatory as clean and safe as possible. This includes pass overing spillages on the saloon. roll uping spectacless and home bases and sweeping and moping. Kitchen Staff: Kitchen staff have a really high duty and function within the company sing wellness and safety. as they are managing nutrient. Kitchen staff have to guarantee that their custodies are invariably being washed. the kitchen is clean and nutrient is in day of the month. If kitchen staff did non hold a duty within wellness and safety so clients could potentially be nutrient poisoned. every bit good.

Pterodactylus Facts and Figures

Pterodactylus Facts and Figures Name: Pterodactylus (Greek for wing finger); pronounced TEH-roe-DACK-till-us; sometimes called pterodactyl Habitat: Shores of Europe and South Africa Historical Period: Late Jurassic (150-144 million years ago) Size and Weight: Wingspan of three feet and two to 10 pounds Diet: Insects, meat and fish Distinguishing Characteristics: Long beak and neck; short tail; wings of skin attached to three-fingered hands About Pterodactylus Pterodactylus is a case study in how confusing it can be to classify 150-million-year-old animals. The first specimen of this pterosaur was discovered way back in 1784, in Germanys Solnhofen fossil beds, decades before before naturalists had any conception of the theory of evolution (which wouldnt be scientifically formulated, by Charles Darwin, until about 70 years later) or, indeed, any grasp of the possibility that animals could go extinct. Fortunately, in retrospect, Pterodactylus was named by one of the first academics to grapple with these issues, the Frenchman Georges Cuvier. (See a gallery of Pterodactylus and Pteranodon pictures and 10 facts about pterodactyls.) Because it was discovered so early in the history of paleontology, Pterodactylus suffered the same fate as other before-their-time dinosaurs of the 19th century like Megalosaurus and Iguanodon: any fossil that remotely resembled the type specimen was assumed to belong to a separate Pterodactylus species or a genus that later wound up being synonymized with Pterodactylus, so at one point there were no less than two dozen named varieties! Paleontologists have since sorted out most of the confusion; the remaining two Pterodactylus species, P. antiquus and P. kochi, are pretty much beyond reproach, and other species have since been assigned to related genera like Germanodactylus, Aerodactylus, and Ctenochasma. Now that weve sorted all that out, exactly what kind of creature was Pterodactylus? This late Jurassic pterosaur was characterized by its relatively small size (a wingspan of only about three feet and a weight of ten pounds, max), its long, narrow beak, and its short tail, the classic body plan of a pterodactyloid, as opposed to a rhamphorhynchoid, pterosaur. (During the later Mesozoic Era, some pterodactyloid pterosaurs would grow to truly enormous sizes, as witness the small-plane-sized Quetzalcoatlus.)Â  Pterodactylus is often depicted as flying low over the coastlines of western Europe and northern Africa (much like a modern seagull) and plucking small fish out of the water, though it may also have subsisted on insects (or even the occasional small dinosaur) as well. On a related note, because it has been in the public eye for well over two centuries, Pterodactylus (in the abbreviated form pterodactyl) has become pretty much synonymous with flying reptile, and is often used to refer to the entirely different pterosaur Pteranodon. Also, for the record, Pterodactylus was only remotely related to the first prehistoric birds, which descended instead from the small, terrestrial, feathered dinosaurs of the later Mesozoic Era. (Confusingly, the type specimen of Pterodactylus was recovered from the same Solnhofen deposits as the contemporaneous Archaeopteryx; its important to bear in mind that the former was a pterosaur, while the latter was a theropod dinosaur, and thus occupied an entirely different branch of the evolutionary tree.)

Mesoamerican essays

Mesoamerican essays Highly developed written language Elaborate funeral practices Yucatan Peninsula has the largest known ball court. Ballplayer was among the ceremonial titles of Maya kings. First widespread art style s mother culture Settled village life; rise of an elite class Pronounced Ole Mek...1st earliest artistic representations of ballplayers and archaeological evidence of ballgame equipment...Rare ball: earliest rubber ball recovered from the site of el manati The Mesoamericans discovered how to make a very bouncy ball out of a native plant. This plant is the rubber tree. Early tools were probably made of sharp bone or wood. The channels allow the raw liquid rubber, latex, to flow down the vertical container and into a container. The juice of the Morning Glory vine is added to the latex to give the ball its extraordinary bounce. Some balls had human skulls at the core. The size of the balls varied form location to location. Some were the size of softballs some were larger than a beach ball. The uniform that the players had to wear had to protect the player but also allow for quick movement. Most of the uniforms had headgear, a sash, or a belt. The court was shaped like a capital letter I, built of cut stone, and painted with bright colors. It was a symbol of a citys wealth and power. The game wasnt only a sporting competition; it was based on religious beliefs also. The outcome affected the lives of everyone playing and watching. The ballgame was the first organized game in the history of sports. Yuguitos are among the earliest pieces of ballgame equipment. They ...

Introduction to Business Law Essay Example | Topics and Well Written Essays - 3500 words

Introduction to Business Law - Essay Example Mischief Rule of statutory interpretation gives authority to the judge to interpret the law by bearing in mind the common law before passing of the rule. Is is applied in cases where ambiguity occurs in the law. Thus this rule aims to understand the defect and also to provide solutions which would correct the situation if implemented. A popular case that came under the Mischief rule was Smith vs. Hughes. In this case, prostitutes were charged for recruiting clients from a public place while within the confines of a private area, which were the windows that overlooked the street. Under the Street Offenses Act of 1959, it is illegal to attract clients with the intention of offering sex services on the streets. The defendants pleaded that they had not attracted clients on the streets but were within their own homes. The literal Rule as the name suggests allows the judge to give out a ruling by taking into account the literal meaning of the word since they do not affect the ruling on the case. The judge, in this case, does not have to consider the meaning or the implications behind words or sentences such as in the case of the previous laws. This is usually the most preferred rule of statutory interpretation. An example of this is the R Vs Harris case under which the defendant harmed the victim by biting his nose. Since the law considers stabbing, cutting or wounding a person through an instrument as a crime, therefore the defendant was acquitted since he did not commit the crime in the literal sense (Caven, 2004).

Development of photography Assignment Example | Topics and Well Written Essays - 500 words

Development of photography - Assignment Example Humprey Davis, a chemist by profession, met Hedgwood, and wrote about Wedgwood’s work on photography and making paintings using light. William Herschel was a German astronomer of the eighteenth century. Just like Galileo his contribution to photography is mostly concerned with studying planets and stars through the use of a telescope. Sir John Herschel was the first to use hyposulphite of soda for his photography. He made his technique famous through publishing it in papers. This was after the Daguerreotype technique. Amphitype was a paper process suggested by Sir John Herschel (Tissandeir & Thomson 78). Nicà ©phore Nià ©pce was born in Chalons-sur-Saone during in 1765 (Tissandeir & Thomson 26). He was fascinated by the works of Daguerre and contributed almost ten years of his life fixing the problems with the camera obscura. Talbot, born in 1800, was an English photographer, the inventor of calotype process. He is also regarded for contributing to photography as an artistic medium. He worked to fix the problems with the camera but his aim was to fix it on paper (Tissandeir & Thomson 75). Charles Wheatstone was the Fellow of the Royal Society and an inventor. He is famous for his Wheatstone bridge, and instrument that measures the resistance of an object. He is also famous for his photometer, a device for comparing two lights for their intensity. One of the first stereoscopes offered to public was by Wheatstone (Tissandeir & Thomson 288). He validated Sir David Brewster’s opinion that by the end of nineteenth century, science will have a device capable of singing and talking. Hannah, Jim. "B&W Film Photography, Part IV: Contact Printing."  Photography Forum Digital Photography Forum RSS. N.p., 2006. Web. 27 June 2013.