Thursday, October 31, 2019
Intercultural communication Reflective Journal Assignment
Intercultural communication Reflective Journal - Assignment Example However, multiculturalism presents a huge challenge to intercultural communication (Bloomfield 2007). Therefore, it is important to learn about intercultural communication in order to overcome the obstacles that multiculturalism presents. In this reflective journal, I focus on the aspects of intercultural communication, networking, and career management. In addition, I will also reflect on two major guest presentations, one by a professional from the Butterfly movement, and another by Mr. Adam Whitefield of the World Youth International. Finally, I will reflect on the effectiveness of this journal as a learning experience. 1. Intercultural Communication The aspect of intercultural communication has been core in this course. I have gathered wide and important knowledge on this aspect, and I expect this to be the foundation of my future interactions, both at the professional and social levels. This knowledge, I have acquired through classwork, and other out-of-class activities. The mos t important thing to is that I have learnt and mastered the meaning of intercultural communication. I now understand that this kind of communication is complex and challenging, as it involves people from different backgrounds. I have read in Kalscheuer (2009), that the coming in contact of different people due to the advanced technologies and communication, presents a challenge to intercultural communication. Therefore, although this presents diverse opportunities to people, it is also a common root of conflicts today. However, this course has been eye opening to me, thus my competence level in intercultural communication has improved. Different class activities, including group work, have been a major way through which I have learnt about intercultural communication, and experienced it. Through group work, I have had the opportunity to interact with different colleagues, some of whom I do not share similar social or ethnic background. Together we have discussed, communicated, and l earnt about cultural differences from each other. This also gave me a chance to challenge my assumptions, attitudes, and perceptions I had previously held about certain ethnic groups. Therefore, today, I have learnt the importance of cultural diversity, and I have let go of all the cultural stereotypes I held about certain ethnicities. I have learnt that when one lacks knowledge about intercultural communication, they might fail to see beyond the physical appearance of an individual, because of the irrelevant assumptions and stereotypes, which act as obstructions. Through this, therefore, I have acquired considerable cultural intelligence, which will be of great benefit to my future career, especially when working in an international environment, where I have to deal with clients and colleagues from diverse ethnic backgrounds. 2. Networking With regard to networking, through this course, I have theoretically come to terms with the popular phrase, "It's not what you know, it's who yo u know." In other words, networking is an important aspect of every professional, as technical skills alone are insufficient for one to realize success in their career. This involves making connections and building relationships with different people, mainly for career support and advice. Apart from being of great value to individuals,
Tuesday, October 29, 2019
Earth Essay Example for Free
Earth Essay Earth is the planet on which we live. Earth is the third planet from the sun. The particles which compose of the mass of the earth but more particularly the particles which from the mould on the surface of Earth. The Earth is the largest member of the group of inner planets and is also the most massive. When the Earth is compared with its planetary neighbors, marked similarities as well marked differences are found. Of course, what singles the Earth out from any other planets is the fact that it has an oxygen-rich atmosphere and a temperature that makes it suitable for life of the kind we can understand. Were the Earth slightly close to the sun and slightly farther away, life here might not have developed. The purpose of this research is to let us learn more about our Planet that we are living and also aims to help us understand more about our planet. Even we have an idea what Planet Earth is all about, we must dig deeper and know the characteristics of Earth that we havenââ¬â¢t yet know. `The completion of this paper was made possible through my research in library, and computers. Some books, encyclopedia, dictionary, some magazines computer encyclopedia and other website, I got all I want to know. They are very helpful for my research, and thanks be to God for giving me wisdom to do this term paper alone and by myself. Earth is the third planet from the Sun, and the densest and fifth-largest of the eight planets in the Solar System. It is also the largest of the Solar Systems four terrestrial planets. It is sometimes referred to as the world, the Blue Planet, or by its Latin name, Terra. Earth formed approximately 4. 54 billion years ago, and life appeared on its surface within one billion years. Earths biosphere then significantly altered the atmospheric and other basic physical conditions, which enabled the proliferation of organisms as well as the formation of the ozone layer, which together with Earths magnetic field blocked harmful solar radiation, and permitted formerly ocean-confined life to move safely to land. The physical properties of the Earth, as well as its geological history and orbit, have allowed life to persist. Estimates on how much longer the planet will be able to continue to support life range from 500 million years (myr), to as long as 2. billion years (byr). Earths crust is divided into several rigid segments, or tectonic plates, that migrate across the surface over periods of many millions of years. About 71% of the surface is covered by salt water oceans, with the remainder consisting of continents and islands which together have many lakes and other sources of water that contribute to the hydrosphere. Earths poles are mostly covered with ice that is the solid ice of the Antarctic ice sheet and the sea ice that is the polar ice packs. The planets interior remains active, with a solid iron inner core, a liquid outer core that generates the magnetic field, and a thick layer of relatively solid mantle. Earth gravitationally interacts with other objects in space, especially the Sun and the Moon. During one orbit around the sun, the Earth rotates about its own axis 366. 26 times, creating 365. 26 solar days, or one sidereal year. The Earths axis of rotation is tilted 23. 4à ° away from the perpendicular of its orbital plane, producing seasonal variations on the planets surface with a period of one tropical year (365. 24 solar days). The Moon is Earths only natural satellite. It began orbiting the Earth about 4. 53 billion years ago (bya). The Moons gravitational interaction with Earth stimulates ocean tides, stabilizes the axial tilt, and gradually slows the planets rotation. The planet is home to millions of species, including humans. Both the mineral resources of the planet and the products of the biosphere contribute resources that are used to support a global human population. These inhabitants are grouped into about 200 independent sovereign states, which interact through diplomacy, travel, trade, and military action. Human cultures have developed many views of the planet, including its personification as a planetary deity, its shape as flat, its position as the center of the universe, and in the modern Gaia Principle, as a single, self-regulating organism in its own right Formation The earliest material found in the Solar System is dated to 4. 5672à ±0. 0006 bya; therefore, it is inferred that the Earth must have been forming by accretion around this time. By 4. 54à ±0. 04 bya. The primordial Earth had formed. The formation and evolution of the Solar System bodies occurred in tandem with the Sun. In theory a solar nebula partitions a volume out of a molecular cloud by gravitational collapse, which begins to spin and flatten into a circumstellar disk, and then the planets grow out of that in tandem with the star. A nebula contains gas, ice grains and dust (includingprimordial nuclides). In nebular theory planetesimals commence forming as particulate accrues by cohesive clumping and then by gravity. The assembly of the primordial Earth proceeded for 10ââ¬â20 myr. The Moon formed shortly thereafter, about 4. 53 bya. The Moons formation remains a mystery. The working hypothesis is that it formed by accretion from material loosed from the Earth after a Mars-sized object, dubbed Theia, had a giant impact with Earth, but the model is not self-consistent. In this scenario the mass of Theia is 10% of the Earths mass, it impacts with the Earth in a glancing blow, and some of its mass merges with the Earth. Between approximately 3. 8 and 4. 1 bya, numerous asteroid impacts during the Late Heavy Bombardment caused significant changes to the greater surface environment of the Moon, and by inference, to the Earth. Earths atmosphere and oceans formed by volcanic activity and outgassing that included water vapor. The origin of the worlds oceans was condensation augmented by water and ice delivered by asteroids, proto-planets, and comets. In this model, atmospheric greenhouse gases kept the oceans from freezing while the newly forming Sun was only at 70% luminosity. By 3. 5 bya, the Earths magnetic field was established, which helped prevent the atmosphere from being stripped away by the solar wind. A crust formed when the molten outer layer of the planet Earth cooled to form a solid as the accumulated water vapor began to act in the atmosphere. The two models that explain land mass propose either a steady growth to the present-day forms or, more likely, a rapid growthearly in Earth history followed by a long-term steady continental area. Continents formed by plate tectonics, a process ultimately driven by the continuous loss of heat from the earths interior. Ontime scales lasting hundreds of millions of years, the supercontinents have formed and broken up three times. Roughly 750 mya (million years ago), one of the earliest known supercontinents, Rodinia, began to break apart. The continents later recombined to form Pannotia, 600ââ¬â540 mya, then finally Pangaea, which also broke apart 180 mya. Evolution of life Highly energetic chemistry is thought to have produced a self-replicating molecule around 4 bya and half a billion years later the last common ancestor of all life existed. The development of photosynthesis allowed the Suns energy to be harvested directly by life forms; the resultant oxygen accumulated in the atmosphere and formed a layer of ozone (a form of molecular oxygen [O3]) in the upper atmosphere. The incorporation of smaller cells within larger ones resulted in the development of complex cells called eukaryotes. True multicellular organisms formed as cells within colonies became increasingly specialized. Aided by the absorption of harmful ultraviolet radiation by the ozone layer, life colonized the surface of Earth. Since the 1960s, it has been hypothesized that severe glacial action between 750 and 580 mya, during the Neoproterozoic, covered much of the planet in a sheet of ice. This hypothesis has been termed Snowball Earth, and is of particular interest because it preceded he Cambrian explosion, when multicellular life forms began to proliferate. Following the Cambrian explosion, about 535 mya, there have been five major mass extinctions. [55] The most recent such event was 65 mya, when an asteroid impact triggered the extinction of the (non-avian) dinosaurs and other large reptiles, but spared some small animals such as mammals, which then resembled shrews. Over the past 65 myr, mammalian life has diversified, and several million years ago an African ape-like animal such as Orrorin tugenensis gained the ability to stand upright. This enabled tool use and encouraged communication that provided the nutrition and stimulation needed for a larger brain, which allowed the evolution of the human race. The development of agriculture, and then civilization, allowed humans to influence the Earth in a short time span as no other life form had, affecting both the nature and quantity of other life forms. The present pattern of ice ages began about 40 mya and then intensified during the Pleistocene about 3 mya. High-latitude regions have since undergone repeated cycles of glaciation and thaw, repeating every 40ââ¬â100,000 years. The last continental glaciation ended 10,000 years ago.
Sunday, October 27, 2019
The Hohfeldian Analysis Of Rights Philosophy Essay
The Hohfeldian Analysis Of Rights Philosophy Essay The concept of analyzing legal rights in a broader sense was given by Professor Wesley Newcomb Hohfeld. Professor Hohfeld was born in 1879. He graduated in 1901 from the University of California and moved to Harvard Law School. There, he served in the capacity of editor of Harvard Law Review and graduated with honors in 1904. Professor Hohfeld then taught from 1905-1913 at Stanford Law School. Later in his career, he shifted to Yale Law School. He taught at the prestigious law school until his demise in 1918à [1]à . Professor Hohfeld has contributed significantly to the field of Jurisprudence. He attempted to simplify the term right by creating an analysis that separates various core concepts in law. These core concepts were then shown to be inter-related and a framework of such relationships was construed. The analysis of the connectivity in relationships can shed light on implications of policy and decision making. Thus, his work has permitted the deconstruction of legal principles into individual elementsà [2]à . Professor Hohfeld has propounded that the different meanings of the term right are often conflated in a single sentence. In any given sentence, the usage is switched several times. This lack of precision in the language subsequently indicates a lack of precision in thought and the conclusions that are derived in turn. His efforts to facilitate reasoning led him to break the meaning of rights into eight unique concepts. These terms are defined with respect to one another to eliminate the presence of any ambiguity. Four pairs of opposites and correlatives are said to exist as illustrated belowà [3]à . Jural Opposites comprise of the following: 1. Right/No-Right 2. Privilege/Duty 3. Power/Disability 4. Immunity/Liability Jural Correlatives are mainly constituted by: 1. Right/Duty 2. Privilege/No-Right 3. Power/Liability 4. Immunity/Disability RIGHTS AND DUTIES What is a right? A right can be defined as an interest recognized, protected and enforced by law. Justice Strong has held The word right is defined by lexicographers to donate, among other things, property, interest, power, prerogative, immunity, privilege (Walkers Dict. word Right). In law it is most frequently applied to property in its restricted sense, but it is often used to designate power, prerogative, and privilege,à [4]à Justice Jacksonà [5]à further states The words right or privilege have, of course, a variety of meanings, according to the connection or context in which they are used. Their definition, are given by standard lexicographers, include that which one has a legal claim to do, legal power, authority, immunity granted by authority, the investiture with special or peculiar rights. A man has several rights over both tangible as well as intangible objects. He also possesses rights as a person such as the right to enjoy a certain reputation, the right to not be assaulted or injured, rights in a domestic environment and rights that are related to other rights e.g. contractual rights. Certain other rights of a contractual nature may also exist such as those rendered for service e.g. master and servant, doctor and patient. Rights over intangible objects would include copyrights, patents, trademarks etc. Thus, rights can be considered as advantages or benefits that are conferred by lawà [6]à . Rights can be divided into 4 different kinds: Rights in the strict sense Liberties Powers Immunities The correlatives of each of these rights are illustrated below: Duties No-Rights Liabilities Disabilities Each and every right has a corresponding duty. Duty may be defined as an internal feeling of an obligation towards someone. A duty or a legal obligation is that which one ought or ought not to do. Duty and right are correlative terms. When a right is invaded, a duty is violated.à [7]à Rights and duties are like 2 sides of a coin and always go hand in hand. Thus, right and duty are correlative. This implies that if X enjoys a right against Y, then Y is duty bound to respect this right. Rights in the strict sense can therefore, be held to be benefits, which are derived from duties imposed upon othersà [8]à . Several different kinds of rights exist. These are elucidated below. The first classification is that of perfect rights and perfect duties. Rights which go along with perfect duties are known as perfect rights and perfect duties are those which not only possess legal recognition but are also, strictly enforceable. Thus, a breach would constitute some action or prosecution and the State may use reasonable force if necessaryà [9]à . However, both rights and duties fall short of this perfect systemà [10]à . Some examples of imperfect legal rights would include time barred claims, claims that cannot be enforced due to lack of proof, certain claims against states etc. While in all these cases, there is no cause of action yet legal recognition still exists. The principle of ubi jus ibi remedium which means where there is a right, there is a remedy, serves an exception to imperfect rightsà [11]à . The second category is that of positive and negative rights. The correlative of these rights are positive and negative duties and acts performed by those in whom the duty vests determine the nature of the right. A positive act relates to a positive right whereas any abstinence from it would constitute a negative rightà [12]à . A third distinction is made between rights in rem and rights in personam. Both these terms have been derived from civil lawà [13]à . A right in rem is a right that exists against the entire world whereas a right in personam is against a specific individual. The right to spend my money from my wallet is a right in rem but the right to recover it from a debtor is a right in personam. Similarly, the right to exclusive enjoyment of my apartment is a right in rem whereas upon the lease of the same apartment, only a right in personam would exist against the leasee. Rights in rem are considered as negative rights whereas rights in personam are usually positive in natureà [14]à . Rights in personam are predominantly derived from the existence of personal relations whereas rights in rem offer a relation between the owner and a plethora of individuals. Thus, rights in personam are held to be paucital rights and rights in rem are multital rights. A contractual right is a paucital right as it is specifically enforceable only between the parties entering into a contract. A property right, on the other hand, is a multital right as the person has a right to exclude any and every individual. In essence, it can be said that multital rights are constituted by several, separate yet identical paucital rightsà [15]à . Proprietary and personal rights form the fourth category. The former is concerned with value while the latter is not. Value, in the case of proprietary rights, is derived from assets, estate, property and so forth. Rights, therefore, which are proprietary in nature deal with monetary or economic value. On the contrary, personal rights are associated with status, reputation and welfareà [16]à . Right of not being inflicted with harm and rights in respect of domestic relationships can be called as personal rightsà [17]à . Rights are also divided into jura in re propria and jura in re aliena. A right in re aliena, also termed as an encumbrance, is one which detracts from another in reference to a subject. Thus, the right is limited in its ambit with respect to the superior right. For instance, a landlords right to use the property temporarily may be restricted by a tenant. The 4 main classes that constitute jura in re aliena are servitudes, trusts, securities and leases. All other rights fall in the domain of jura in re propriaà [18]à . A property owner has a jus in re propria i.e. a right over the property owned while a pledgee possesses a jus in re aliena i.e. a right over another persons property. A right is known as servient when it is subject to an encumbrance whereas the encumbrance derived is called dominantà [19]à . By subletting a property, the sublessee is conferred with a jus in re aliena by the tenant. Thus, the right of the tenant is servient with respect to the sublessee but dominant as against the landlordà [20]à . Servient and dominant rights are concomitant and may vary in their degree of coexistence. Leases, mortgages and easements are examples of the same. An opposite relationship is observed in the case of principal and accessory rightsà [21]à . LIBERTY AND NO-RIGHTS Liberty is defined as the exercise of a right without the interference of law. To say that A has liberty means that A can do all that pleases because there exists no duty to refrain and at the same time, no one else can prohibit X from exercising liberty. There exists a relationship between all individuals that is woven together and held in a matrix. By collectively adding all the rights and duties across relationships, the extent and degree of liberty can be determined. The classic example of perfect liberty is one where no one has any exclusive right to prevent the occurrence of a given actà [22]à . Legal liberty encompasses a sphere within which the law leaves the individual alone. Liberty, however, does not mean interference with another e.g. liberty to voice opinion on public affairs does not grant a person the right to publish defamation. Similarly, one has the liberty to self-defense against violence but no right is conferred to engage in revenge against someone who has caused the injury. A man has a perfect right to fire off a gun, means, apparently, that a man has a freedom or liberty to fire of a gun, so long as he does not violate or infringe anyones rights in doing so, which is very different thing from a right, the violation or disturbance of which can be remedied or prevented by legal process.à [23]à In Quinn v. Leathamà [24]à , Lord Lindley has stated The plaintiff had the ordinary rights of the British subject. He was at liberty to earn his living in his own way, provided he did not violate some law prohibiting him from so doing, and provided he did not infringe the rights of other people. This liberty involved the liberty to deal with other persons who were willing to deal with him. This liberty is a right recognised by law; its correlative is the general duty of every one not to prevent the free exercise of this liberty or right to deal with others is nugatory unless they are at liberty to deal with him if they choose to do so. Any interference with their liberty to deal with him affects him. Liberty is therefore, the exercise of unrestrained activity permitted under law. The primary difference between liberty and rights in strict sense is that things I may do for myself are classified as liberty whereas things which others ought to do in my respect are classified as rights in strict senseà [25]à . Legal liberty is considered as a legal right where any interference by other persons is not justified. During the expression of ones opinions, it can be stated that other persons are legally duty bound not to curtail them. However, there exist liberties which do not enjoy the company of rights of a protective nature. Thus, a landowner, who gives a license to trespass his property, can exercise an equal right to prevent the usage of his property as much as the liberty conferred by the license granted by him. The license basically serves the purpose of making an unlawful act lawful. In Clifford v. ONeillà [26]à , the Court held A license is merely a permission to do an act which, without such permission, would amount to a trespassà ¢Ã¢â ¬Ã ¦nor will the continuous enjoyment of the privilege conferred, for any period of time cause it to ripen into a tangible interest in the land affected. Similarly, a trustee has the liberty to ask for compensation from the estates beneficiaries for administration purposes. But the beneficiaries are under no duty or obligation to provide him with the same. Yet another example is that a foreigner has the liberty to enter any country of his choice but the government can exercise an equal right to prevent the individual from entering. Thus, rights when classified as liberties aid in elucidating the meaning of lawà [27]à . No-right is the correlative of liberty and consequently, of no duty. It is actually a word that has been coined indicating the absence of a right. The term no-right basically implies that a certain person does not have a right against another individual in a particular respect. The evolution of this term is said to have taken place in a negative context. So, if X has the liberty to undertake a particular act, it means that Y has no-right to say that the act will not be done e.g. a trespasser has no-right to be removed with force suggesting that the occupier has complete liberty of ejectionà [28]à . Another example that can be considered in the same light is that of an alien who has no duty not to enter a foreign country i.e. he has liberty to enter. By the same token, the authorities have a no-right against him i.e. they may not have any right in the strict sense though they may still possess a liberty to refrain him from entering. Cases in tort that are principally of Damnum Sine Injuria in nature i.e. incurrence of some damage without the violation of a legal right are entirely no-right situationsà [29]à . POWERS AND LIABILITIES Yet another classification of legal rights can be seen in the form of powers. Several examples of powers exist. A few to name are the power to make a will, the power to sell a property if the mortgagee does not receive back the mortgage money from the mortgagor, the right of re-entry that is possessed by a landlord, the power to revoke a contract for fraud, the power to take legal action against someone, the power to punish and arraign, the power to appoint officials for fulfilling functions, the right to issue an execution in respect of a certain judgement and other such powers vested in the judiciary to meet the ends of justiceà [30]à . Powers constitute interests that are legally recognized. If one possesses power, one possesses the ability to change by ones own will, the liabilities, duties, rights and any other relations of oneself or with respect to other individualsà [31]à . Powers owe some resemblance to liberties although they differ in the aspect that the act so performed need not be innocent. The power to create a will does not imply that no wrong is done in the process. It does not mean that a will is made innocently, it simply implies that a right to create an effective will subsists. In a similar light, if a landlord possesses the right to re-enter his property, it does not mean that no wrong is committed but if such an act is committed, it does imply that the lease is effectively terminatedà [32]à . Powers and rights in the strict sense can also be differentiated. In the latter case, a corresponding duty always coexists whereas this is absent in the former case. An example of the same is that the right to create a will does not result in a corresponding obligation for someone else. Similarly, one can see that the power to sell the mortgagors property by a mortgagee does not create an obligation on the mortgagor to pay back the mortgage money. It does, however, confer the right on the mortgagee to receive back the sum given as a debt to the mortgagor. A debt and an action to recover money fall under two different categories. While the first case can be classified as a right in the strict sense which would correspond to a duty to repay, the latter is an example of a power given by law that imposes a liability and consequently, results in the institution of legal proceedingsà [33]à . Powers can be classified based on the domains in which they are exercised. Hence, powers can be categorized as either private or public. Private powers are exercised by individuals with respect to themselves. Public powers, on the other hand, lie with state agencies or instruments that carry out public functions. Examples include powers exercised by the judiciary, legislature and executiveà [34]à . Power helps to determine legal relations and thus, gives rise to either authority or capacity. The term authority is defined as the exertion of power over others whereas capacity is defined as the power exerted over oneselfà [35]à . Liability of an individual arises when power is vested in another. It can broadly be defined as the alteration of a persons legal rights by the person who exercises power. A few examples that illustrate this concept are the determination of a lease by reentry of the landlord that places a liability on the tenant, liability of a disloyal partner to seek divorce, one against whom a judgement has been passed is liable to have a decree of execution issued and the liability of a mortgagor that arises from the sale of the property by a mortgagee in the event of non-payment of the loan advancedà [36]à . Liability is unconcerned with the fruitful or unfruitful result in any given case. It is inherent in nature and bears no relation with any duty to pay compensation. For instance, a person committing a tort is duty bound to pay compensation and is liable for an action to be brought against him/her as well. However, someone who is not a tortfeasor is not under any duty to pay compensation but is equally liable for an action to be instituted, that in all probability will fail, as no grounds exist. Similarly, a statute in Virginia provided that all free white male persons who are twenty-one years of age and not over sixty, shall be liable to serve as jurors except as hereinafter provided.à [37]à This enactment resulted in the imposition of a liability and not a duty. Liability is said to be harmonious in nature with no-right. If a tenants goods are seized for non-payment of rent, he has no-right not to allow his supplies to be handled by the landlord and at the same time, the liability to secure and sell the merchandise against his pleasure also remains in effectà [38]à . Liability can also be seen as an advantage or benefit. A person who professes to transfer his property as a gift through the exercise of power, the person entitled to the gift has a liability to receive it. While referring to a gift causa mortis and the liability of the donee to have his gift revoked, Justice Smith has said: The title to the gift causa mortis passed by the delivery, defeasible only in the lifetime of the donor, and his death perfects the title in the donee by terminating the donors right of power of defeasance. The property passes from the donor to the donee directlyà ¢Ã¢â ¬Ã ¦and after his death it is liable to be divested only in favor of the donors creditorsà ¢Ã¢â ¬Ã ¦.His right and power ceased with his death.à [39]à IMMUNITIES AND DISABILITIES Another category of rights is immunity from legal power. Immunity grants an exception to change any legal relations. The right of an individual to be tried by members of society of equal standing creates an exclusion from being tried by a jury. The relationship between immunity and power is identical to that of liberty and right in the strict sense. Immunity implies a complete lack of liabilityà [40]à . Cases of immunity from taxation are well documented in the U.S. In Phoenix Ins. v. Tennesseeà [41]à , Justice Peekham stated the following: In granting to the De Soto Company all the right, privileges, and immunities of the Bluff City Company, all words are used which could be regarded as necessary to carry the exemption from taxation possessed by the Bluff City Company; while in the next following grant, that of the character of the plaintiff in error, the word immunity is omitted. Is there any meaning to be attached to that omission, and if so, what? We think some meaning is to be attached to it. The word immunity express more clearly and definitely an intention to include therein an exemption from taxation than does either of the other words. Exemption from taxation is more accurately described as an immunity than as a privilege, although it is not be denied that the latter word may sometimes and under some circumstances include such exemptions. Disability, the correlative of immunity, is better known as inability and signifies the absence of power. The legal maxim Nemo dat quod non habet which means that no person can transfer a better title in property than what is possessed by oneself, is an expression of disabilityà [42]à . SUMMARY In conclusion, 4 independent, unique and distinct classes of rights are guaranteed by law. These are rights in the strict sense, where law restricts others in my respect; liberty, which permits a reasonable degree of freedom to pursue uninterrupted and unrestrained activity; power, that gives a right to execute an action effectively and immunity, which creates an exemption from being subjected to a power. A right in the strict sense imposes a duty on others, a liberty allows an action to be performed innocently, a power confers the right to accomplish effectively and an immunity denies others the right to exercise power effectively in my respectà [43]à . Correlatives are related vertically and read as is the presence of in another. Thus, duty is the presence of right in another and power is the presence of liability in another. Diagonal relationships indicate jural contradictories and are read as is the absence of in oneself. Thus, liberty is the absence of duty in oneself and immunity is the absence of liability in oneself. The contradictions of jural correlatives are connected by horizontal arrows and can be read either way as is the absence of in another. Thus, no-right is the absence of duty in another and disability is the absence of liability in anotherà [44]à .
Friday, October 25, 2019
Assessing Crime Trends as a Security Specialist Essay -- Crime
Crime is known as an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law. Depending on where one may reside, different punishments from certain crimes can depend on the governmental bodies. Also crimes can vary by the jurisdiction from state to state. For most crimes, after a completion of affirmative action one can be punished for the conduct. Many people have the assumption that crimes are the result of intentional conduct, when most of the time it is negligent conduct such as speeding. When there is a significant change in the nature of chosen crime types within a defined geographical region and stretch of time, is known as a crime trend. When crime trends in different areas are being assessed, various methods are used in order to collect the data that is needed. When first assessing crime one may ask, ââ¬Å"What is the cause of crime.â⬠Criminologists have looked at a ride range to explain the factors on why people tend to commit crimes. Many of these factors can be looked at through different societies, cultures, and families. These aspects can be brought on by certain emotions such as anger, greed, jealousy, and sometimes through getting a rush for carrying out such acts (for example stealing). In the article 10 Causes of Crime By Talidari, reveals 10 different causes on how crime commences: Weakness ââ¬â regarding lack of faith and/or imbalance, Poor judgment ââ¬â lack of proper education, Lack of love ââ¬â living in a dysfunctional family, Poverty ââ¬â poor families tend and unemployment, Deprived neighborhoods ââ¬â Economically impecunious neighborhoods, TV violence, Being a victim in a chain of events ââ¬â being in the wrong place at the wrong time and getting sucked in, Poor parenting... ...The report will also be more precise for the security specialist from the media taken and the reports. Just by looking off charts off of the internet that can be compared to the average in the U.S. without evidence can be sometimes cause disbelief. In order to be able to fully implement protection the different factors stated will make for safer living. Works Cited Careless, J. (2012). Video evidence. Retrieved from http://www.cba.org/CBA/practicelink/leadership_technology/video_evidence.aspx Crime and arrest reports. (2012). Retrieved from http://www.dcjs.virginia.gov/about/spotlight/crimeReport/ Dutelle, A. (2010, January). Documenting the crime scene. Retrieved from http://www.evidencemagazine.com/index.php?option=com_content&task=view&id=184 Talidari. (2012). Hub pages. Retrieved from http://talidari.hubpages.com/hub/10-causes-of-crime
Thursday, October 24, 2019
Frankenstein â⬠Who is the real monster? Essay
The novel Frankenstein was written by Mary Shelley when she was only eighteen years old, after a nightmare she had. It was published on 1st January 1818 and became a great success. Mary Shelley used the style of gothic horror in this novel, introducing Frankenstein as perhaps the first science fiction book ever written in this genre. Almost two centuries later it has become a widely read classic novel, but also one of the most influential novels ever written. One of the influences on Mary Shelley when she wrote Frankenstein was the scientific experiments of the time. Scientists were researching the effects of electricity on dead animals and humans; they were striving to control powers of life and death. They had discovered that an electric current could galvanise the limbs, making them move. Not only does Dr. Frankenstein bring his creature to life by using an electrical current, but also Mary Shelley describes numerous storms, which include lightening, when the monster appears to Frankenstein at various points throughout the book. Frankenstein is a moral tale that deals with issues and ethics of medical and scientific progression and how far humans should go when tampering with nature. The story raises questions as to who should have final power over life and human nature; God or humans. Shelley calls her book a ââ¬ËModern Prometheusââ¬â¢. Prometheus is a story of a Greek God who gave the human race fire, out of pity so they could eat, but also brought them danger, and was therefore punished for it. Frankenstein is also punished by several horrific deaths in his family. He soon finds out that playing God has horrendous consequences. This story tells the tale of Dr Frankenstein, an optimistic student of natural philosophy who makes a manlike monster from parts of dead bodies and brings it to life by using an electrical current. Frankensteinââ¬â¢s monster is larger than most men and equally as strong. This superhuman creature seems to be the godfather of many a comic villain. It may be that Shelley wanted to explore what it feels like to be classed as a villain, when really you have a gentle heart that is considerably misunderstood. I think that because Mary Shelley had many fears and insecurities in her own life, including blaming herself for her inability to prevent her childrenââ¬â¢s deaths, it caused her to become concerned about the issues of creation which led to her writing Frankenstein. During this essay I will be writing about where my sympathy lies as a reader and also looking at the techniques Shelley uses to engage our attention as a reader and manipulate our sympathies. Throughout the novel Frankensteinââ¬â¢s role varies from being a victim to becoming a villain. Half of the time Frankenstein is a victim of the creature he so carelessly restored to life, because of his obsession with natureââ¬â¢s genetics. This obsession leads to his destruction but everything he love goes first, leaving him with nothing to fight for, only the desperate hope that someday his creature will die. At the beginning of chapter five Frankenstein portrays himself as a hero as he says ââ¬Å"I beheld the accomplishment of my toilsâ⬠and also â⬠the wretch whom with such infinite pains and cares I had endeavoured to formâ⬠. This suggests that Frankenstein looked beyond the horror of what he was doing and found some sort of glory in his ability to create this monster. He was blinded by his ambition as a scientist and believed he had created a monster with such ââ¬Å"beautiful featuresâ⬠. However when the creature finally ââ¬Å"awokeâ⬠he suddenly realised the mistake he had made. He could not ââ¬Å"describe his emotions as this catastropheâ⬠. This is the point at which the reader too, becomes fully aware for the first time of what Frankenstein has really done in creating such a terrifying monster. Shelley uses a range of techniques to enforce a sense of terror in the opening of chapter five. Her first reference to the creature that Frankenstein is making is a ââ¬Å"lifeless thingâ⬠. When we read on, we find out that not only is it a corpse, but also one in which the eyes are a ââ¬Å"dull yellowâ⬠colour, its ââ¬Å"yellow skin scarcely covering the work of muscles and arteriesâ⬠, and its teeth a ââ¬Å"pearly whitenessâ⬠. All these things add to the prolonged sense of catastrophe that Frankensteinââ¬â¢s life will turn out to be; whatââ¬â¢s more it adds to the feeling of disgust and horror that the readersââ¬â¢ thoughts so rapidly turn to. The image of the candle being half extinguished represents Frankensteinââ¬â¢s life of peace drawing to an end. This is the very opposite of what Frankenstein was trying to achieve. When Shelley describes the process that Frankenstein has undergone to ââ¬Å"infuse life into an inanimate bodyâ⬠, we are further horrified at the thought of bringing about something so terrible. Frankenstein had also deprived himself of his own health in order to create this monster. He has destroyed himself for the sake of his creation; this suggests that he has almost given his own life for the creation of his monster and leads us to question the consequences of such an action. Mary Shelley examines the consequences of creating a human frame without a soul or conscience. She suggests that as humans pursue science they may discover things about themselves that they do not like. When Frankenstein is asleep his creation comes to him in the night, terrifying him and forcing him to run from the house. Once outside he is ââ¬Å"drenched by the rain which poured from the black and comfortless skyâ⬠. Here Shelley uses nature to create a sense of eeriness in her writing and build tension. This is natureââ¬â¢s punishment for Frankenstein because of his obsession to create a monster, destroying the laws of nature. The sky is described as ââ¬Å"comfortlessâ⬠, Frankenstein cannot expect to receive any comfort or solace from nature because of his destruction of the laws of nature and his blatant disregard of them. Nature therefore rejects him. During this chapter Shelley uses a poem by Colendge to show how Frankenstein feels. It states that he is on a ââ¬Å"lonesome roadâ⬠and walks in â⬠fear and dreadâ⬠because ââ¬Å"he knows a frightful fiend doth close behind him treadâ⬠. It suggests that he has forced himself into a situation where he is alone and beyond the help of others because of his own actions. He stops outside an inn where he meets an old school friend ââ¬Å"who on seeing him instantly sprung outâ⬠. This meeting is fate as the friend is then murdered, towards the end of the book, by the monster. Previously Frankenstein has repeatedly referred to the creature as a ââ¬Ëmiserable wretchââ¬â¢. He now goes further towards giving the creature an identity by claiming that he is his ââ¬Å"enemyâ⬠. Part of Frankensteinââ¬â¢s rejection of his creature is that he does not even give it a name. Frankenstein is pushed to insanity by the fear of ââ¬Å"his enemyâ⬠. He is so consumed by fear and despair that he even implies that his friend should not have nursed him back to health, but have let him die so that he could get away from the creature and the dreadful consequences of his birth. This is shown when Frankenstein says, ââ¬Å"firm in the hope he felt of my recovery, he did not doubt that, instead of doing harm, he performed the kindest action that he could towards themâ⬠.
Wednesday, October 23, 2019
Effect of Power and Politics in an Organization Essay
There are many aspects of an organization that can greatly affect their success and moral. Some of the areas that can play a key role in the organization are; power, politics, code of conduct, business intentions, objectivity, personal agendas, and organizational goals. Power and politics can have both a positive and negative affect on an organization. Businesses must make objective decisions and insure their intentions remain in line with the organizationââ¬â¢s goals. Organizations must not allow personal agendas to interfere with their business decisions and must make sound ethical decisions. Organizational politics can have a detrimental affect on employeeââ¬â¢s, moral, loyalty, and trust. Power and PoliticsPower can be motivators in both a positive and negative manner. Wideman, 2003, states that power is the ability to persuade others to do the following; get them to do what you want them to do, when to do it, and in the manner you want them to do it. Wideman also maintains that influence is the exercise of authority or leadership, to persuade others, and organize them to follow. The struggle of power and influence by competing groups creates politics. Some believe that the practice of politics can be cunning and deceitful, while others believe it can be a motivator with positive results. The reality is that office politics does exist in most organizations. Some issues in an organization that may create competing groups; departmental budgets, space allocations, project responsibilities, and salary adjustment (Robbins, 2001). Limited resources in an organization will also form competing groups because the gained resource of a group is always at the expense of another group or department. Competing groups require more than convincing facts in order to get management to make a decision; the group that can influence and pollute the facts of other groups will be more successful (Robbins, 2001). Office politics or effective management; some of these terminologies are used when office politics are obvious and things go wrong; ââ¬Å"kissing upâ⬠, apple polishing, passing the buck, covering your rear, creating conflict, forming coalitions, cunning, arrogant and scheming. These are a some terminologies associated with obvious office politics with positive results; developing working relationships, encouraging change andà innovation, improving efficiency, facilitating teamwork, planning ahead, astute, and practical-minded. (Robbins 2001). Robbins, 2001, states that there are two different forms of office politics legitimate and illegitimate politics. The normal everyday politics such as ââ¬Å"complaining to your supervisor, bypassing the chain of command, forming coalitions, obstructing organization policies orâ⬠¦Ã¢â¬ (Robbins 2001). Illegitimate politics are acts of sabotage, whistle-blowing, different types of protest such as group coming in to work late or not coming in at all. The negative impacts can be described by past scandals resulting in the crash of corporations, non-accountability in the accounting industry, and lack of ethical direction from boards of directors and have cost thousands of people their jobs and taken millions of peoplesââ¬â¢ retirement funds to zero. 401k plans that held the stocks for retirement were all depleted from the unethical practices of Enron. How, with all the checks and balances that are supposedly in place within the government, did Enron happen? The answer could very possibly be greed, fear, or just following the crowd. This can be related to the politics played upon by power. On a positive side of power and politics organizations have also been found to be responsible and able to promote trust. Take Johnson & Johnson for example, when Tylenol was tampered with leaving several people ill, they did not listen to their lawyers who were trying to prevent lawsuits, they admitted there was a problem and pulled all products from off the shelves. They did not hide behind the organization shirttailsââ¬â¢ of attorneysââ¬â¢, they faced up and proved to society to be trust worthy. Which in turn, they gained respect from the general public. Scandals grow larger and more intensive day-by-day for organizations. In part certain government laws have provided guidelines to follow as a check and balance for the unethical behavior amongst large organizations. Sarbanes-Oxley being one to keep companyââ¬â¢s honest in bookkeeping and allowing documentation to be proof that the organization is doing what is ethical. This will also be a source of insurance that individuals will not loose everything like those thousands of people did in the demise of Enron. Code of Conduct, Intentions, and ObjectivityIf the employees accept gifts, the company or organization wants to make sure the employees are in compliance with the policy or law. Which is also called ââ¬Å"Code of Conductâ⬠and this is to ensure that employeeââ¬â¢s decisions will not create a conflict of interest. The code strengthens standards and includes measures to protect employees from outside pressure, such a solicitation for personal affairs and the offering of gifts. Most companies have a strict code of business ethics and conduct. The code discourages employees from accepting gifts that could be seen as an attempt to manipulate business decisions. Some companies forbid their employees to accept any gifts of any value. If gifts are received or if employees are undecided about whether they can accept the gift, the incident must be reported to the manager or supervisor. ââ¬Å"All managers should establish a written policy limiting the acceptance of gifts and entertainment to items of small value. Managers should consider creating limits, for example-an amount per time period, per vendor for accepting gifts and prohibit the acceptance of any cash giftsâ⬠(Unswerving Loyalty, 2006). Employees should be required to document or disclose to the manager, the acceptance of any gift or entertainment. However, this is not meant to stop managers from maintaining multiple business relationships with a client, as long as possible conflicts of interest are managed and disclosed. Violating the code of conduct, regarding gifts if not reported can result in punishment. The employee can be penalized and there will also be an investigation. Providing clients with a code of ethics, sets a framework for how the manager conducts their business is an important step in developing the trust and confidence necessary for a successful investment management relationship. Organizations must make sound business decisions and have good intentions. They must have processes in place in order to insure upper management remains objective. Organizations can be easily influenced by outside forces when having to hire employees, contractors, or expansion. Executives and upper management must be able to decide, when making business decisions, on whether to decision will benefit the organization as a whole or suit theirà personal or future needs. Organizations of today have to deal with a high amount of turnover in their executive positions. After these positions are vacated and new individuals are appointed is when an organization may finally find information on whether their executives were making sound organization decisions or decision that benefited them and assisted with their future gains or employment. Personal Agenda and Organizational GoalsAs a society and within organizations we stand behind the shared belief in the concept of structure, the openness of our management, and building trust. Within many organizations there is an underlying search for power. People seek power within an organization through many means. Power can be based on the influences of certain groups or individuals within an organization that might be another step closer to the desired position, goal, or outcome. People have become wary of organizations. An example that surfaced this year is the scandal involving the huge insurance company named AIG. According to (Scherer, 2005), the scandal links two of the worldââ¬â¢s richest men. According to Forbes Magazine, Buffet is the worldââ¬â¢s second-richest person with assets of $41 billion. Greenberg is ranked 132nd in the world and 59th in the US with assets of $3.1 billion. Using a position or influence within an organization can be considered a conflict of interest. In other words, conflict of interest exists when a board member or officer personally benefits, or is perceived to personally benefit, from an activity of the organization (Colbert, 1999). Personal power is used within an organization for personal gain as well as to benefit the organization. Expertise, rational persuasion, and reference are forms of personal power used by management to control the behavior of subordinates. Possessing the knowledge and experience needed uses expertise power. Expert power is increased when subordinates are denied access to critical information or to key contact persons. Rational persuasion can be effective by gaining the trust of the subordinates. Through reverent power, subordinates are controlled because they respect, admire and want to please their managers. Organizational politics are the processes used in which individuals workà together, conflict, compete in to make decisions, evaluate information, and structure or restructure an organization. They can have both good and bad effects. Organizational politics can cause loyalty to decrease and oneââ¬â¢s own interest to increase. Individuals may be impacted by feelings of unfairness, discontent, anxiety, and stress. They may also be less willing to share information and be more competitive. Organizational politics can also lead to productive changes and enhance the achievement of organizational goals in an organization. Legal vs. Ethical It is human nature to want to succeed and achieve. Some individuals have been fortunate to work for an organization that is respected by the community from an external perspective and feel treated and respected as a part of the organization from within. Credibility can be an important part of an organization. There are often choices that might have to be made, for many different reasons, as we have seen that can lead to the most well respected individuals and organizations to fall. Deciding on what might be in the best interest and not necessarily ethical can be a difficult decision made by one or a few. What is legal and what is ethical affect nearly every aspect of todayââ¬â¢s life. A few examples are the use of the internet, ethics in medicine, and ethics within an organization. Putting a legal box around what is ethical conduct is a challenge that many companies face today. The processes by which the organization is operated should be ethically based. The behavior of all employees from the highest to lowest should be ethical. Their behavior should result in the most favorable outcome for all involved. All involved should be treated fairly and their rights respected. Conclusion There are many aspects of an organization, both internal and external, that will affect their success. Some of these are out of their control, but quite a few can be controlled within the organization. Organizations must insure decisions are not based on personal agendas or outside influences offering certain perks for contracts. Power and organization politics can have both a negative or positive affect on an organization. Through all the decisions an organization will make, they mustà insure they do not compromise their code of conduct, code of ethics, or decrease employee moral. References Colbert, S. (1999). Conflict of interest: what it is and how to avoid it. OCD Technote. Retrieved January 28, 2007, from http://ocdweb.sc.egov.usda.gov/technotes/tn15.pdfRobbins, Stephen (2001). Organizational behavior. Upper Saddle River, NJ: Prentice HallScherer, R. (2005). A top insurance company as the new enron? Christian Science Monitor. Retrieved January 28, 2007, from http://www.globalpolicy.org/socecon/crisis/corporate/2005/0401aig.htmUnswerving Loyalty-Global Investor, (2006) http: web.ebscohost.comWideman, Max (2003, August). Power, influence & politics. Retrieved January 26, 2007, from Maxââ¬â¢s Issacons Web site: http://www.maxwideman.com/issacons3/iac1365/index.htm
Tuesday, October 22, 2019
Corn coffee Essay Essay Example
Corn coffee Essay Essay Example Corn coffee Essay Essay Corn coffee Essay Essay Majority of Filipinos are coffee drinkers. The turning figure of java stores in about every corner of the tube has become the most apparent indicant that the java industry is a thriving concern. Whether itââ¬â¢s a signifier of societal activity or merely a favourite interest. imbibing java has become an inevitable tendency. With the popularity of java as a drink comes the cautious attempt to decrease the caffeine intake particularly among wellness witting consumers. Hence. presenting alternate drinks that will allow people bask imbibing java without worrying excessively much caffeine consumption. ââ¬Å"Corn java expressions and gustatory sensations like your good olââ¬â¢ caffeinated java. but it is healthier to imbibe. Possibly a differentiation comes with the olfactory property since maize java comes from land. roasted maize. â⬠explained Mr. Chito Rodriguez of the Institute of Plant Breeding-University of the Philippines Los Banos ( IPB-UPLB ) in a seminar talk organized by the Bureau of Agricultural Research ( BAR ) . In the presentation titled. ââ¬Å"Corn Coffee: Health and Economic Benefits. â⬠Rodriguez underscored the ââ¬Å"dark side of caffeineâ⬠one common of which are panic onslaughts. ââ¬Å"Caffeine consumption triggers the fight-or-flight mechanism in our organic structures. When the battle onslaught manner wears off. panic onslaught starts. We get nervous. jittery. sweaty. and rickety. Caffeine is besides habit-forming so one time we get into the wont of acquiring our caffeine hole. our organic structure begins to hunger the encouragement that we get from it. If we fail to acquire the dosage of caffeine that our organic structure has adapted to. we become cranky. tired. and even depressed. â⬠Rodriguez explained. Given the side effects of caffeine. he advised seeking java maize alternatively. The healthful benefit. Basically. the healthful benefits came from maize which is packed with critical foods that provide energy. growing and development. and modulate bodily maps. ââ¬Å"Although some of these may hold been reduced after roasting and crunching the maize. the indispensable foods are still at that place. Every 100 gm of maize java contains saccharides. fibre. ash. protein. and antioxidants. â⬠explained Rodriguez. In a gustatory sensation trial conducted after the seminar. Mr. Patrick Lesaca. one of the participants and a java partisan. revealed that. ââ¬Å"corn java does look like your regular cup of java. except that it smells roasted maize. â⬠ââ¬Å"Clearly. a great differentiation comes with the wellness value of maize java. The dark liquid you are imbibing is caffeine free and is healthier. â⬠Rodriguez added. Aside from the alimentary value. Rodriguez enumerated some of the healthful benefits one can acquire from imbibing maize java. ââ¬Å"It can command diabetes. prevent cardiovascular disease. lower high blood pressure. cut down cholesterin degree. minimise hazard of colon malignant neoplastic disease. and prevent neural-tube defects in babies. â⬠he reported. The economic benefit Corn java is non new. In fact. people in the state have been boiling their roasted. land maize as option to java. Currently. with the coming of new engineerings and the demand for healthy option. maize java has already reached the mainstream market. It is being commercially sold and is available in the supermarket. one of which is the celebrated Sumilao Corn Coffeeâ⠢ . ââ¬Å"But if you want to bring forth your ain java. itââ¬â¢s easy. Ground maize is roasted until the colour turns to dark brown. The ensuing java pulverization is boiled for 10-15 proceedingss. You merely let the deposits to settle and so acquire the black liquid and so your hot maize java is ready to function. Sugar and pick can besides be added to heighten the gustatory sensation. â⬠explained Rodriguez. The production cost of maize java is inexpensive. ââ¬Å"One kg of maize when processed can bring forth an about one kg of java. â⬠he said. When packaged. the production cost is about Php120 per kg. Corn java is presently being sold in the market from Php 350 ââ¬â Php 500 for every kg. This means at least Php230 net income for every kg of maize java sold.
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