Monday, May 25, 2020
John Stuart MillÃ¢â¬â¢s theory touches upon power and its limits when it comes to society and how they express that over the individual. Throughout this theory, Mill is clear to address that his definition of liberty is not adequate for all individuals nor societies. His theory can also be used to support the first amendment although there are limits to that expression. Throughout this essay I will elaborate on John Stuart MillÃ¢â¬â¢s theory and his way of justifying free speech rights. I will also explain on how he limits those rights and will argue that his theory can handle nuisances. In The liberal argument from On Liberty, states that its Ã¢â¬Å"main principle, as entitled to govern absolutely the dealings of society with the individual in the way of compulsion and control, whether the means used be physical force in the form of legal penalties, or the moral coercion of public opinionÃ¢â¬ (Feinberg, 438). This theory is used to govern the way a particular society is constructed and how it is governed. Each individual that plays part in this community also takes equal responsibility to act a certain way and to keep one another in line to live up to a standard. If failed to follow this social contract, the consequences are to get one in trouble through the legal system or by what the majority thinks is best. Ã¢â¬Å"That principle, that the sole end for which mankind is warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection.Show MoreRelatedJohn Stuart Mill s Ethical Theory920 Words Ã |Ã 4 PagesJohn Stuart Mill believed in the ethical theory (utilitarianism). Everyone should act in such way to bring the largest possibly balance of good over evil. The goodness of an act may be determined by the consequences of that act. Consequences are determined by the amount of happiness or unhappiness caused. A good man is one who considers the other man s pleasure as equally as his own. Each person s happiness is equally important. Mill believed that a free act is not an undetermined act. It isRead MoreJohn Stuart Mill s Ethical Theory865 Words Ã |Ã 4 Pagesuntreatable cancer, or to not inform. This case in my opinion has the most merit, and can be applied to MillÃ¢â¬â¢s Utilitarian Ethical Theory, the Kantian ethical theor y, as well as the Principle of Beneficence and the Principle of Respect for Autonomy in order to determine an appropriate response for the doctor to act upon. Utilitarianism is an idea generated by John Stuart Mill and encompasses the idea of Principle of Utility. The Principle states that acts are right when they produce happiness, whichRead MoreJohn Stuart Mill s Moral Theory Of Utilitarianism1514 Words Ã |Ã 7 PagesJohn Stuart Mill wrote on his moral theory of Utilitarianism, which many have refuted by explaining that it failed to respect the dignity and worth of human beings. Mills theory of utility bases an actions morality on its ability to create the maximum amount of happiness. Happiness as described by Mill, is the maximization of pleasure over grief. Some critics have even said that MillÃ¢â¬â¢s theory degraded humans to swine as it belittled morals to come from pleasures of the body that even animals hadRead MoreKant And John Stuart Mill s Utility Based, Utilitarian Moral Theory1551 Words Ã |Ã 7 PagesOne of the most intriguing aspects of moral theory is not merely analyzing disagreements between renowned, intellectual g iants, but examining the ways in which near polar ideologies can arise to similar conclusions based on vastly different rationales. Immanuel Kant s duty-based, deontological moral theory and John Stuart Mill s utility-based, utilitarian moral theory are prime examples of antithetical viewpoints that share similar outlooks to ethical subjects such as lying and helping those inRead MoreAnalysis Of John Stuart Mill s Veil Of Ignorance And The Classic Social Contract Theory Essay1399 Words Ã |Ã 6 Pagesprompt one of the week three Justice Theory essay assignment, and yields an evaluation through considering various internal and external materials from weeks one through three. Accordingly, the organization of this exploration concentrates on three areas of focus. First, this paper seeks to explain how the modern social contract theorist, John RawlsÃ¢â¬â¢, attempts to enhance the classic utilitarian views of John Stuart Mill, as well as the classic social contract theories of Th omas Hobbes and Jean JacquesRead MoreThe Contributions Of John Stuart Mill1250 Words Ã |Ã 5 PagesJohn Stuart Mill was a British philosopher who was born on May 20, 1806 in London, England, to Harriet Burrow and James Mill, a noted economist, philosopher and historian. James Mill was an educated man who was heavily involved in an early 19th century movement called philosophic radicalism, a school of thought also known as Utilitarianism, which highlighted the demand for a scientific foundation for philosophy, as well as a humanist approach to economics politics. It was this foundation fromRead MoreJohn Forbes Nash Jr.912 Words Ã |Ã 4 PagesJohn Forbes Nash Jr. and John Stuart Mill were both very important economist. John Forbes Nash Jr. was an American mathematician, and an economist. John Mill was a British Philosopher, economist, moral and political theorist, and was the most influential English-speaking philosopher in the nineteenth century. John Forbes Nash Jr. and John Stuart Mill were both very intelligent as young children. John Stuart Mill learned to read as a toddler and began to study Latin at the age of three. John ForbesRead MoreUtilitarianism, By John Stuart Mill And Utilitarianism880 Words Ã |Ã 4 PagesMoral theories are sometimes hard to define, but with John Stuart Mill and Utilitarianism it is a little bit easier. Utilitarianism is an easy one, for the reason that it is defined by the greatest happiness for everyone involved. Sometimes it does not always make everyone content, but if you look at it as a whole it makes sense. Mill says that we have to look at the bigger picture. One personÃ¢â¬â¢s happiness affects anotherÃ¢â¬â¢s and so on. Utilitarianism is a moral theory that John Stuart Mill, the philosopherRead MoreUtilitarianism : Bentham And Mill766 Words Ã |Ã 4 PagesBentham VS. Mill Utilitarianism is a normative ethical theory that holds the morally right course of action in any given situation is the course of which yields the greatest balance of benefits over harms. More specifically, utilitarianismÃ¢â¬â¢s core idea is that the effects of an action determine whether actions are morally right or wrong. Created with philosophies of Jeremy Bentham (1748Ã¢â¬â1832) and John Stuart Mill (1806Ã¢â¬â1873), Utilitarianism began in England in the 19th Century. Bentham and Mill builtRead MoreThe Subjection Of Women By John Stuart Mill1724 Words Ã |Ã 7 PagesWritten by John Stuart Mill in 1860-1861, as the Victorian era took place in England, Ã¢â¬Å"The Subjection of WomenÃ¢â¬ is a critical piece of analysis in regards to the status of women in society and their unequal relationship with the opposite sex. During Mill s lifetime, women were considered to be inferior to men by custom and laws, and therefore, they were expected to be submissive in nature. Dee ply influenced by the ideas of his wife Harriet Taylor Mill, and John Stuart MillÃ¢â¬â¢s own beliefs, Ã¢â¬Å"The Subjection
Thursday, May 14, 2020
A sacbe (sometimes spelled zac be and pluralized as sacbeob or zac beob) is the Mayan word for the linear architectural features connecting communities throughout the Maya world. Sacbeob functioned as roads, walkways, causeways, property lines, and dikes. The word sacbe translates to stone road or white road but clearly sacbeob had layers of additional meanings to the Maya, as mythological routes, pilgrimage pathways, and concrete markers of political or symbolic connections between city centers. Some sacbeob are mythological, subterranean routes and some trace celestial pathways; evidence for these roadways are reported in Maya myths and colonial records. Finding the Sacbeob Identifying the routes of the sacbe on the ground has been extremely difficult until recentlyÃ when techniques such as radar imaging, remote sensing, and GIS became widely available. Of course,Ã Maya historians remain an important source of information for these ancient roadways. The issue is complex, ironically enough, because there are written records that contradict one another. Several of the sacbe have been identified archaeologically, many others are still unknown but have been reported in colonial period documents such as the Books of Chilam Balam. In my research for this article, I did not discover any explicit discussions on how old the sacbeob areÃ but based on the ages of the connecting cities, they were functioning at least as early as the Classic period (AD 250-900). Functions In addition to simply roadways that facilitated movement between places, researchers Folan and Hutson argue that sacbeob were visual representations of economic and political connections between centers and their satellites, conveying the concepts of power and inclusion. Causeways may have been used in processions that emphasized this idea of community. One function described in recent scholarly literature is the role of the sacbe road system in the Maya market network. The exchange system of the Maya kept the far-flung (and very loosely connected) communities in touchÃ and made it possible both to trade goods and make and sustain political connections. Market centers with central locations and associated causeways include Coba, Maax Na, Sayil, and Xunantunich. Deities and Sacbeob Maya deities associated with roadways include Ix Chel in several of her manifestations. One is Ix Zac Beeliz or she who walks the white road. In a mural at Tulum, Ix Chel is shown carrying two small images of the Chaac god as she is walking along a mythological or real roadway. The deity Chiribias (Ix Chebel Yax or the Virgin of Guadalupe) and her husband Itzam Na are sometimes associated with roads, and the legend of the Hero Twins includes a journey through the underworld along several sacbeob. From CobÃ ¡ to Yaxuna The longest known sacbe is the one that stretches 100 kilometers (62 miles) between the Maya centers of CobÃ ¡ and Yaxuna on the YucatÃ ¡n Peninsula of Mexico, called the Yaxuna-CobÃ ¡ causeway or Sacbe 1. Along Sacbe 1s east-west course are water holes (dzonot), steles with inscriptions and several small Maya communities. Its roadbed measures approximately 8 meters (26 feet) wide and typically 50 centimeters (20 inches) high, with various ramps and platforms alongside. Sacbe 1 was stumbled into by early twentieth century explorers, and rumors of the road became known to the Carnegie Institution archaeologists working atÃ CobÃ ¡Ã by the early 1930s. Its entire length was mapped by Alfonso Villa Rojas and Robert Redfield in the mid-1930s. Recent investigations by Loya Gonzalez and Stanton (2013) suggest that the sacbes main purpose may have been to connect CobÃ ¡ to the large market centers of Yaxuna and, later,Ã ChichÃ ©n ItzÃ ¡, in order to better control trade throughout the peninsula. Other Sacbe Examples The Tzacauil sacbe is a solid rock causeway, which starts at the Late Preclassic acropolis of Tzacauil and ends just short of the large center of Yaxuna. Varying in width between 6 and 10 meters, and in height between 30 and 80 centimeters, this sacbes roadbed includes some crudely cut facing stones. From CobÃ ¡ to Ixil, 20 kilometers in length, is a noh be followed and described in the 1970s by Jacinto May Hau, Nicolas Caamal Canche, Teoberto May Chimal, Lynda Florey Folan and William J. Folan. This 6-meter wide sacbe crosses a marshy area and includes numerous small and large ramps. Close to Coba was a fairly large platform next to a vaulted building, which the Maya guides referred to as a customs house orÃ way station. This road may have defined the boundaries of Cobas urban area and region of power. From Ich Caan Ziho throughÃ AkÃ ©Ã to Itzmal, is a sacbe approximately 60 km in length, of which only a portion is in evidence. Described by Ruben Maldonado Cardenas in the 1990s, a network of roads still used today leads from Ake to Itzmal. Sources Bolles D, and Folan WJ. 2001.Ã An analysis of roads listed in colonial dictionaries and their relevance to pre-hispanic linear features in the Yucatan peninsula.Ã Ancient MesoamericaÃ 12(02):299-314. Folan WJ, Hernandez AA, Kintz ER, Fletcher LA, Heredia RG, Hau JM, and Canche N. 2009.Ã Coba, Quintana Roo, Mexico: A Recent Analysis of the Social, Economic and Political Organization of a Major Maya Urban Center.Ã Ancient MesoamericaÃ 20(1):59-70. Hutson SR, Magnoni A, and Stanton TW. 2012.Ã Ã¢â¬Å"All that is solidÃ¢â¬ ¦Ã¢â¬ : Sacbes, settlement, and semiotics at Tzacauil, Yucatan.Ã Ancient MesoamericaÃ 23(02):297-311. Loya GonzÃ ¡lez T, and Stanton TW. 2013.Ã Impacts of politics on material culture: evaluating the Yaxuna-Coba sacbe.Ã Ancient MesoamericaÃ 24(1):25-42. Shaw LC. 2012.Ã The elusive Maya marketplace: An archaeological consideration of the evidence.Ã Journal of Archaeological ResearchÃ 20:117-155.
Wednesday, May 6, 2020
CHAPTER 1 1.0 INTRODUCTION 1.1 Background of the study Human capital has emerged as the most critical firm asset, and the ability to attract motivate and retain capable employees is essential in organizationÃ¢â¬â¢s innovation and quality improvement (Frye, 2004). These sentiments are supported by Jung and Hartog, (2007) who suggest that, one way for organizations to become more innovative is to capitalize on their employeesÃ¢â¬â¢ ability to innovate. Jung and Hartog, continue to argue that employees can help to improve business performance through their ability to generate ideas and use these as building blocks for new and better products, services and work processes. Therefore, under new work conditions, to create value, everyÃ¢â¬ ¦show more contentÃ¢â¬ ¦These sentiments are echoed by Kreitner and Kinicki (2006) who pose that a good reward system should attract talented people and motivate and satisfy them once they have joined the organization. Leadership has existed for as long as people have interacted, and it is present in all cultures no matter what their economic or social makeup. Leadership is not only a human quality; it is found in primitive forms in many animal species, from low-level vertebrates such as chickens to higher-level primates such as gorillas and whales (Troittier, Wart and Wang, 2008). Leaders have a great influence in the organizations as they fuel employee motivation by offering benefits and rewards that meet individual needs Kreitner and Kinicki, 2006 and Yukl, 2002). Kim (2002) suggests that a leaderÃ¢â¬â¢s use of a more participative management style will result in higher levels of satisfaction among his or her employees. Job satisfaction is extremely important for the well being of the organization as well as the individual (Vecchio, 2006). The significance of job satisfaction can be viewed in the context of two decisions people make about their work. The first is the decisions to join and retain in the organization. The second is the decision to work hard in pursuit of high levels of task performance (Schermerhorn, Hunt and Osborn, 2000). PeopleÃ¢â¬â¢s degree of job satisfaction can range from extreme satisfaction to extreme dissatisfaction. In addition to having attitudesShow MoreRelatedEffect of Motivation on Employees Productivity1775 Words Ã |Ã 8 Pagescontinue to keep employees beyond a certain maximum number. Research reports has shown that employees motivation is essential in an organization as it is a key to a successful organization need for maintaining continuity and survival. Motivating the staff leads to broaden their skills to meet the organizational demands. The need for achievement always results in a desire for employees to do extra effort to have something done better and have the desire for success. Motivation creates a productiveRead MoreEffects of Motivation on EmployeesÃ¢â¬â¢ Job Performance in an Organization3511 Words Ã |Ã 15 PagesEffects of Motivation on EmployeesÃ¢â¬â¢ Job Performance in an Organization The primary objective of this paper is to describe, analyze and evaluate the effects of motivation on employees job performance in an organization. Furthermore, this aims to give insight to employees and administration who are working within an organization. The importance of motivation and how it affects an organizations performance in its entirety, will be the best deciding measure between good and bad motivationalRead MoreGoals and Motivation630 Words Ã |Ã 3 PagesGoals and Motivation 1 Goals and Motivation G J BUS 303 Human Resources Management Instructor: R 18 Feb Goals and Motivation 2 Ã¢â¬Å"Performance Appraisal is the systematic evaluation of the performance of employees and to understand the abilities of a person for further growth and development. Performance appraisal is generally done in systematic ways in order to enable supervisors to more accurately or fairly measure the pay of employees and compareRead MoreAn Effective Human Resource Management Department960 Words Ã |Ã 4 Pagesproper knowledge, necessary tools, and effective advice to guide employees and administrators towards successful operation (Heathfield Ã¢â¬Å"What is HumanÃ¢â¬ ¦Ã¢â¬ ). Since our debut, weÃ¢â¬â¢ve been continuously profitable. However, our downside is that we have been primarily focusing on targeting the customer, when we need to apply a different approach: we need to empower our employees and their passion for the job. Investing in our employeesÃ¢â¬â¢ motivation will not only allow us to grow in sales, but also as an overallRead MoreMotivation, Motivation And Intrinsic M otivation1629 Words Ã |Ã 7 PagesIntroduction There are certain theories that works in the business organization at both practical and theoretical levels and one of such theories is motivation. The term motivation has been defined, discussed and has been dealt with a number of times as in accordance with the changing dynamics of the business organizations. Richard M. Ryan and Edward L. Deci defines a person to be motivated if, a person is moved to do something. (2000). Thereby it simply means that the one who is not energized orRead MoreA Theory Of Motivation Is The Hawthorne Effect On The Workplace Essay790 Words Ã |Ã 4 PagesAnother theory of motivation is the Hawthorne effect which was established by Henry A. Landsberger in the 1950s. The theory states that employees tend to work harder and give a better performance when they know they were being observed by their employers. Research has been conducted for this theory where they concluded that the employees were more motivated when they were receiving attention. In order t o apply the Hawthorne effect to the workplace, studies suggests that the employer should provideRead MoreSkills in Employees and Managers1165 Words Ã |Ã 5 Pages1)Transferring More than Learned in Training: EmployeesÃ¢â¬â¢ and managersÃ¢â¬â¢ (over)generalization of skills Introduction: this article aims to tell about the different personality traits of individuals which lead them to show improvement on untrained content after training on self reported training transfer. This article is based on conduct of 2 studies in the first study was aimed to examine the personality traits and skills that cause the improvement on untrained content after training by using fieldRead MoreThe Effect of Work Design on Other Organisational Functions and Activities Including Production, Finance, Human Resources, and Marketing Etc.1125 Words Ã |Ã 5 PagesThe effect of Work Design on other organisational functions and activities including Production, Finance, Human Resources, and Marketing etc. Work Design is closely related to operations management and within this is will have the greatest effect on production, which is an operations function, rather than finance, human resources or marketing which are separate business functions. Production Productivity has been generally defined as a ratio of a measure of output to a measure of someRead MoreQuestions On Employees Equity Theory864 Words Ã |Ã 4 Pagesapproach to motivate employees is Equity Theory which mainly interprets employeesÃ¢â¬â¢ satisfaction from the perspective of equity or inequity in interpersonal relationship. Resource: Public Personnel Management 44(2) Note. PSM = public service motivation. The Work pressure affects the employee job satisfaction. Samina and Abdul (2015,pp.272) stated Ã¢â¬Å"The indirect effect of personÃ¢â¬âjob fit on job satisfaction through PSM will be conditional on perceptions of work pressure. The effect will be stronger inRead MoreEssay on Intrinsic versus Extrinsic Motivation1327 Words Ã |Ã 6 PagesIntrinsic versus Extrinsic Motivation Introduction The success of any business depends on the productivity and satisfaction of its employees. Employees need to be motivated to work. Motivation can be defined as the inner force that drives individuals to accomplish personal and organizational goals. Motivation can be either intrinsic or extrinsic. For an individual to be motivated in a work situation there must be a need, which the individual would have to perceive a possibility
Tuesday, May 5, 2020
Question: Discuss about the LLM coursework Medical Laws. Answer: Introduction Liberty rights are guaranteed to everyone in the society regardless of their social, economic, political, ethnic or racial diversity. The constitution is universal and applies to everyone in the society. According to the constitution, each and every person has a right to liberty. Despite the clarity of the law, there have been instances in which it has been challenging to address the liberty needs of the people with mental illnesses in the society. As a matter of fact, mental conditions can make an individual to be at a greater risk both to themselves and to others as well. To protect the mentally-ill from jeopardizing their own lives and that of others around them, the mentally-ill patients should be admitted into a healthcare facility. Although this should not be forcefully done as outlined in the Mental Health Act and Article 5 of the European Convention on Human Rights and Fundamental Freedoms, certain situations might warrant an involuntary detention of the mentally-ill patie nts. This paper presents an insightful analysis of the effectiveness of the safeguards that protect the mentally-ill persons from unlawful use of the Mental Health Act 1983 to subject them to forceful detention. The paper focuses on the effectiveness of the Article 5 of the European Convention on Human Rights and Fundamental Freedoms in effectively safeguarding the rights of the mentally-ill individuals in the society. The Mental Health Act 1983 According to the Mental Health Act 1983, no person shall be forcefully-detained. If there is need to do so, everything should be done in compliance with well-outlined procedures. Part II: Compulsory Admission to Hospital and Guardianship of the act stipulates that any act of admission for assessment, or treatment should be done in accordance with the law. At no one time, unless specified in the law, should an individual be deprived of their liberty rights. As clearly stipulated in the Mental Health Act 1983, no person with mental disorder should be arbitrarily arrested. Meaning, every mentally-ill patient should be voluntarily detained. For instance, when a persons mental condition exposes him to personal risks, becomes danger to other people, or has a deteriorating health condition that requires immediate medical intervention. In such circumstances, one might be involuntarily detained and admitted into a health facility to be cared for. Once the patient has been admitted into a health facility, their rights should still be respected. Should any of these be done, an individual should be provided with the necessary healthcare. However, the service providers should not just do so at will without seeking for the consent of the patient. Such decisions should not be entirely made by the healthcare provider without seeking for the contributions of the patient. At the same time, the period of detention and medication should be done in a ccordance with the law. Despite the fact that the law is very clear on what should be done, there have been cases of abuse of the liberty rights of the mentally-ill patients in the society. Several people have been complaining if arbitrary arrest. Although the law specifies circumstances under which a mentally-ill person should be involuntarily arrested, many people have just been involuntarily detained without following the right procedure specified in the law. Such arrests infringe on individuals privacy or liberty rights. Even if the arrests might be done with a good motive, they should be carried by following the right procedure. People always lodge such complaints because of the arbitrary manner in which the arrests are made. Even after that, the officers do not care to inform the arrested persons on the reasons why they have been detained. The violation of the patients liberty rights does not end at detention. Instead, it continues even after admission into a healthcare facility when the patients get wrongfully-detained for a longer period of time than accepted by the law. It is true that the law allows such people to be detained for some time if at all it is in the interest of their own health. However, some times, the authorities do not follow the law. Even after detaining such patients, they opt to do so for a longer time than specified in the law. This implies that they are depriving the patients of their liberty rights. Sub section 4 of the act is very clear on the kind of procedure to be followed while carrying out each of these activities. However, a deliberate abuse of these legislations has led to a persistent complain by a large number of people over the years. Safeguarding the Rights of the Mentally-Ill Persons against Arbitrary use of the Mental Health Act The Mental Health Act 1983 is very clear on the rights of mentally-ill patients. A part from providing protecting the liberty rights of the mentally-ill persons, it provides a clear guideline on how the patients can be treated in case of any detention. It specifies how the rights dealing with medication, information, and period of detention should be handled. Despite doing a commendable job in protecting the rights of the mentally-ill persons, it is no doubt that the application of the principles of the act has not been effectively done. As already hinted, the mentally-ill persons have been subjected to different forms of abuses. Whereas some of them have been arbitrarily detained, others have been forcefully-treated and detained for longer periods. This is unlawful and should not be condoned. To address such challenges, measures have been put in place to safeguard the rights of the mentally-ill persons. The first way through which this is done is by upholding the principles of the Mental Health Act 1983. The act is a good legislation that can greatly benefit the mentally-ill persons if at all it is applied to the letter. It provides good guidelines on exactly how the authorities should diligently carry out their activities without unnecessarily infringing on the rights of the patients. For example, if all the voluntary and involuntary detentions are done in accordance with the law, the mentally-ill patients cannot be victimized whatsoever. Instead, they can be treated with all the dignity that they deserve. For example, if adequate information on detention is provided, the patient will get to know and appreciate why they have to be subjected to such procedures. Otherwise, if they are humiliated and harassed without given an opportunity to protest, the rights would have been seriously violated. Apart from the Mental Health Act, the safeguarding of the mentally-ill persons can be achieved by applying Article 5 of the European Convention on Human Rights and Fundamental Freedoms. According to this legislation, every individual is entitled to liberty rights. The legislation can be applied in safeguarding the liberty rights of the mentally-ill persons. Just like any other person, the mentally-ill persons have rights that should not be infringed whatsoever. It can help in ensuring that the mentally-ill persons are protected from unlawful detention. The application of this legislation can bar the authorities from using force to detain a mentally-ill person because it outlaws it. The legislation only gives room for involuntary detention in case of certain acceptable circumstances such as protection of the right of the person and other people who might be at risk as a result of exposure to mental illness or mentally-ill person. So, it means that the legislation is appropria te for protecting the liberty rights of the mentally-ill persons from any unnecessary abuses as was evidenced in the case of Wai Kwong Ng. The Effectiveness of the Safeguards which Exist to Protect Against the Arbitrary The safeguarding of the liberty rights of the mentally-ill persons has been prospering well because of the application of such laws. The existence of legislations such as the Mental Health Act 1983 and Article 5 of the European Convention on Human Rights and Fundamental Freedoms have played a significant role in the safeguarding of the mentally-ill persons from abuse of liberty rights. These are good legislations which have helped in many ways. The reduction in the rate of abuses of the liberty rights of the mentally-ill persons has therefore been attributed to the application of these legislations. It is therefore right to claim that these legislations have been effective in the safeguarding of the mentally-ill persons from abuses because of the following reasons: First, the legislations have provided a clear framework on the detention mechanisms to adopt whenever dealing with any person. According to the Article 5 of the European Convention on Human Rights and Fundamental Freedoms, no one should be forcefully detained. Each and every person is entitled to freedom. At no one time should ones freedom be infringed unlawfully. Every person should be allowed to enjoy their freedom as long as it does not interfere with others. This legislation has been effective because it bars the authorities from taking laws into their own hands. It therefore bars them from unlawfully arresting and detaining anyone without seeking for their consent. However, in order to be much effective, the legislation has provided for exceptional conditions under which a mentally-ill person can be involuntarily detained. It specifies that such involuntary detentions can be done in case of law-breaking, court order, or protecting the life of the mentally-ill person from imminen t danger or rather preventing them from endangering other peoples lives. This is a good thing to do because it helps in ensuring that no unlawful detention is made. Such safeguards are appropriate for the mentally-ill persons. It prevents the authorities from taking advantage of the situation to violate the law by arbitrarily detaining a mentally-ill person o matter how good the intention might be. Besides, the Article 5 of the European Convention on Human Rights and Fundamental Freedoms is effective because it guarantees victims of unlawful arrest to be compensated. As clearly outlined in Article 5(5) of the legislation, every person who is unlawfully-detention has a right to be compensated. This legislation is a good one because it helps in discouraging the officers from unlawfully detaining anyone. The fact that any such misconducts warrant compensation makes it difficult for the law enforcement officers to arbitrarily detain anybody. Should they be convicted of such offences, they can be held accountable for their actions. Meaning, it can cost them the job or be compelled to compensate the victim whenever necessary. By coming up with such a clause, the article can be relied upon to effectively fight the cases of abuse of peoples liberty rights. Once any such violations are liable for punishment, no one can deliberately attempt to do it. This justifies why most detention s are done in accordance with the law. The enforcement of such clauses makes the safeguards to be more effective in protecting the rights of the mentally-ill persons that might be subjected to lots of violations. The safeguards therefore appear to be in the interest of the mentally-ill persons. In addition, the safeguards are effective because they advocate for a strict observation of the due process of the law. The legislation safeguards the victims from abuse of rights because it outlines that once an individual is detained, one must be promptly informed about the reasons why such measures have been taken against them. The law requires that every person should be adequately informed on the reasons why a detention should be carried out. This can help in safeguarding the individual even if they are not in a stable mental condition to make their own decisions. It is a commendable thing to do because it can enable the detained person to be aware of what is happening. Even if detention is done for the sole purpose of providing medical treatment to the mentally-ill person, it should not be secretly done. Instead, all the information should be disclosed to the patient lest his rights be violated. This will help in safeguarding the right of the patient because it can enable t hem to be knowledgeable. The healthcare providers always have an ethical obligation to deliver patient-centered care. Meaning, all services should be provided to the patient by giving them accurate information and respecting them. Moreover, the safeguard has been considered effective in the protection of the rights of the mentally-ill persons because it advocates for a strict compliance with the principle of due process of the law. This simply means that any detained person should be brought before a court of law. The following of the due process of the law implies that a detained mentally-ill patient should be taken before a court of law. Once this is done, the individual gets a chance to know the charges and be allowed to respond to them. Such responses can be done in person or through a representation of a lawyer. Indeed, the advocating for a due process is a commendable initiative. It can help in preventing any cases of abuse on the rights of the mentally-ill person. The subjecting of mentally-ill persons to the due process of the law makes it possible for them to get the justice they deserve even if they are convicted or acquitted. Although due process does not apply to all the patients, it should be granted to the mentally-ill persons who are presented before a court of law. When all these are effectively done, the rights of the mentally-ill persons are properly safeguarded. It helps in preventing any abuse of the liberty rights of the mentally-ill persons as was seen during the conflict between Dittenhafer and Colvin. Finally, the safeguard measures effective because they grant the detained persons with an opportunity to participate in the healthcare delivery process. When a person is detained, they deserve to be safeguarded by getting an interrupted access to quality healthcare series. However, to guarantee quality, the healthcare services should be provided by highly trained and experienced healthcare providers. The providers can contribute towards the safeguarding of the patients rights by seeking for their consent whenever serving them. After informing the patient on the nature and role of medical services to be delivered, the provider should not fail to allow the patient to give their opinion regarding the medication provided. The law of consent can be exempted only when the patient is not in a good state of mind. Should this be the case, a formal consent can be sought from a third party mainly driven from the patients family members. All in all, the seeking of consent is a good thing to do while attending to a mentally-ill patient. It can help in ensuring that high quality and safe healthcare services are delivered to the patient. Otherwise, the patients rights might have been violated. The existing safeguards are quite effective in the protection of mentally-ill persons from arbitrary application of the Mental Health Act 1983. The act is a good one because it serves the interests of the mentally-ill persons. Unlike the rest of the society, the mentally-ill persons are so vulnerable. Their mental state exposes them to lots of challenges including illnesses. At times, the mentally-ill persons cannot make rational decisions regarding their safety and health. This might make it easier for them to be detained and admitted to healthcare facilities so as to be given healthcare services. The effectiveness of the safeguards has helped in protecting this class of people from unlawful detentions. The safeguards have clearly outlined the procedures to follow while admitting the mentally-ill persons into healthcare facilities to attend to them. Indeed, the safeguards have made it easier for the authorities to respect the liberty rights of the mentally-ill persons. If it wer e not for the effectiveness of these safeguards, the rights of people like Searing would have been seriously violated. Over the years, the existing laws have been amended and made to be much better for every person in the society. Whenever any tough situation arises, appropriate changes are made. For example, in 2009, the Deprivation of Liberty Safeguards (DoLS) came into effect following the 2004 landmark ruling by the European Court of Human Rights. The enactment of such legislations has made it much possible for the authorities to effectively safeguard the mentally-ill persons from any unnecessary abuses. If it were not for such safeguards, the rights of the mentally-ill persons would have been trampled and abused without any care. Conclusion Indeed, the enactment of the Mental Health Act 1983 is the greatest development in the history of the nation. It has been of enormous contribution towards the safeguarding of the rights f the mentally-ill persons in the society. For a very long time, many people have been taking advantage of the vulnerability of the mentally-ill persons to throw them into detentions without necessarily seeking for their consent or following the due process of the law. The many cases of abuse of the Mental Health Act 1983 have been eradicated by the safeguard measures put in place. So far, the liberty rights of the mentally-ill persons have been effectively safeguarded by the existing measures. They have made it much easier for the concerned authorities to protect the mentally-ill persons from unnecessary violations. The laws clearly outline circumstances under which a person suffering from a mental illness can be detained. So, whenever conducting their duties, the authorities should not arrest an yone unless warranted by the relevant exceptions. Such legislations have made it easier to protect the liberty rights of the mentally-ill persons. The existence of such legislations has created room for the human rights activists to advocate for the rights of the mentally-ill persons and among other things, safeguard them from unlawful detentions and violation of privacy, security and liberty rights. However, the fact that some form of abuses still occur implies that the safeguards have not been the best. Meaning, a lot of measures still need to be taken to improve the existing safeguards. If further improvements are made on the existing safeguards, the welfare of the mentally-ill persons will be adequately safeguarded. References Ashmore, Russell. "Visa refusal following compulsory hospital admission under the Mental Health Act 1983 (England and Wales): fact or fiction?." Journal of psychiatric and mental health nursing 22, no. 6 (2015): 390-396. Baehr, Peter. Human rights: universality in practice (Springer, 2016) 99. Barkes v. First Correctional Medical, Inc., 766 F.3d 307 (3d Cir. 2014). Buckland, R.,. The decision by Approved Mental Health Professionals to use compulsory powers under the Mental Health Act 1983: a Foucauldian discourse analysis. British Journal of Social Work, p.bcu114, 2014. Canvin, K., Rugksa, J., Sinclair, J. and Burns, T., 2014. Patient, psychiatrist and family carer experiences of community treatment orders: qualitative study. Social psychiatry and psychiatric epidemiology, 49(12), pp.1873-1882. Decker, Michele R., Anna-Louise Crago, Sandra KH Chu, Susan G. Sherman, Meena S. Seshu, Kholi Buthelezi, Mandeep Dhaliwal, and Chris Beyrer. "Human rights violations against sex workers: burden and effect on HIV." The Lancet 385, no. 9963 (2015): 186-199. DITTENHAFER v. Colvin, No. 3: 15-cv-00214-LB (N.D. Cal. Sept. 30, 2015). Donnelly, Jack. Universal human rights in theory and practice (Cornell University Press, 2013) 39. Garrison v. Colvin, 759 F.3d 995 (9th Cir. 2014). Gunn, Michael. "Reform of the Mental Health Act 1983: The Relevance of Capacity to Make Decisions." International Journal of Mental Health and Capacity Law 3 (2014): 40-44. Harris, David John, Michael O'Boyle, Ed Bates, and Carla Buckley. Harris, O'Boyle Warbrick: Law of the European convention on human rights. Oxford University Press, USA, 2014. Jewell, Amelia, Kimberlie Dean, Tom Fahy, and Alexis E. Cullen. "Predictors of Mental Health Review Tribunal (MHRT) outcome in a forensic inpatient population: a prospective cohort study." BMC Psychiatry 17, no. 1 (2017): 25. Kiobel v. Royal Dutch Petroleum Co., 133 S. Ct. 1659, 569 U.S. 12, 185 L. Ed. 2d 671 (2013). Lvsletten, Maria, Elisabeth Haug, Arild Granerud, Kjell Nordby, and Toril Smaaberg. "Prevalence and management of patients with outpatient commitment in the mental health services." Nordic journal of psychiatry 70, no. 6 (2016): 401-406. Obergefell v. Hodges, 135 S. Ct. 2071, 576 U.S., 191 L. Ed. 2d 953 (2015). Perez v. Fenoglio, 792 F.3d 768 (7th Cir. 2015). Rainey, Bernadette, Elizabeth Wicks, and Clare Ovey. Jacobs, White and Ovey: the European convention on human rights (Oxford University Press (UK), 2014) 121. Renteln, Alison Dundes. International human rights: universalism versus relativism (Quid Pro Books, 2013) 68. Rogers, Anne, and David Pilgrim. A sociology of mental health and illness (McGraw-Hill Education (UK), 2014) 20. Sharpe, Robert, Birgit Vllm, Amina Akhtar, Ramneesh Puri, and Andrew Bickle. "Transfers from prison to hospital under Sections 47 and 48 of the Mental Health Act between 2011 and 2014." The Journal of Forensic Psychiatry Psychology 27, no. 4 (2016): 459-475. Searing v. VIVAS, No. 84A05-1506-DR-530 (Ind. Ct. App. Mar. 8, 2016). Singh, S.P., Burns, T., Tyrer, P., Islam, Z., Parsons, H. and Crawford, M.J. Ethnicity as a predictor of detention under the Mental Health Act. Psychological medicine, 44(05), pp.997-1004, 2014. Smith, Rhona, and Rhona KM Smith. Textbook on international human rights (Oxford University Press, 2016) 54. Tomuschat, Christian. Human rights: between idealism and realism (OUP Oxford, 2014) 83. WAI KWONG NG v. Holder, No. 12-70594 (9th Cir. Oct. 31, 2014).ghts (Oxford University Press, 2016) 54.
Friday, April 10, 2020
Drugs Should Not Be Legalized Drugs Should Not be Legalized The question of whether to legalize drugs or not is a very controversial and important issue. Drugs affect so many areas of society. The U.S. population has an extremely high rate of alcohol and drug abuse (Grolier). Several groups have formed and spoken out regarding their position. Speaking Out Against Drug Legalization is the first step in helping to deliver the credible, consistent message about the risks and costs of the legalization of drugs to people in terms that make sense to them. The anti-legalization message is effective when communicated by representatives of the Federal Government, but takes on even more credibility when it comes from those in the community who can put the legalization debate in local perspective (Internet). After learning about the issues regarding both sides of the argument, I would choose to support those who oppose legalization of any drugs. Drugs simply create problems which effect society in several ways. The government has made several efforts to control drugs and their users, however, to most the problem appears too out of hand. Others see potential profit in legalizing drugs and still others simply believe that individual rights to take drugs should be protected. The group also acknowledged that the legalization concept appeals to people who are looking for simple solutions to the devastating problem of drug abuse (Internet). Societys answer to the problem is to trick the drug user by giving him what he wants. People believe that making drugs legal will take away the temptation to use them. This idea is wrong and far from logical. If drugs are legalized then they will be more accessible to the young, addicted, and ignorant. As a result the ready availability of addicting drugs, and as a result of their heavy use for medical problems, many individuals became addicted to the narcotics contained in these potent medicines. In fact, in 1900, there were more narcotics addicts, proportionate to the population, than there are today. At that time, most of the users who became addicts were medical addicts. Very few abusers took drugs for recreational purposes. In 1914, in an effort to curb the indiscriminate use of narcotics, the federal government passed the Harrison Act, making it illegal to obtain a narcotic drug without a prescription. During the 1920s the Supreme Court ruled that maintaining addicts on narcotic drugs, even by prescription, was in violation of the Harrison Act. Some 30,000 physicians were arrested during this period for dispensing narcotics, and some 3,000 actually served prison sentences. Consequently, doctors all but abandoned the treatment of addicts for nearly half a century in the United States (Grolier). The only resulting effect will be a negative one. There are no positive aspects of putting drugs on the streets with a label reading legal. There are plenty of people in society that find enough trouble on their own without the help of their country. Legalizing drugs would have a devastating result that would affect society as a whole. Audiences need to understand that 70% of drug users are employed, and that the school bus driver who drives your children to school could smoke marijuana, that the surgeon who operates on you may have cocaine in his system, and that the driver in back of you may be on speed. The debate needs to demonstrate graphically how the common man will be impacted by drug legalization (Internet). There is an idea that the drug user is a low class, unemployed junkie. This is untrue. The drug user is often a white collared worker with a family and a future. They are not all dirty with missing teeth and poor grammar. The common misconceptions of the user are dangerous to those members of society trying to rid the world of the problem. Drinking on the job is a social and economic problem with a long history. With the growing popularity of illegal drugs in the 1960s and 1970s, it was to be expected that their use in the workplace would emerge as a major issue by the 1980s. Estimates of employee drug use vary greatly, ranging from 10 percent to 25 percent for the proportion of workers who use drugs occasionally on the job. The safe
Monday, March 9, 2020
Biography of William Shakespeare, Famous Playwright William Shakespeare (April 23, 1564Ã¢â¬âApril 23, 1616) wrote at least 37 plays and 154 sonnets, which are considered among the most important and enduring ever written. Although the plays have captured the imagination of theatergoers for centuries, some historians claim that Shakespeare didnÃ¢â¬â¢t actually write them. Amazingly, little is known about ShakespeareÃ¢â¬â¢s life. Even though he is the worldÃ¢â¬â¢s most famous and popular playwright, historians have had to fill in the gaps between the handful of surviving records from Elizabethan times. Fast Facts: William Shakespeare Known For: One of historys most famous playwrights, who wrote at least 37 plays, which are still studied and performed to this day, as well as 154 sonnets, which are also highly regardedAlso Known As: The BardBorn: April 23, 1564 in Stratford-upon-Avon,Ã EnglandParents: John Shakespeare, Mary ArdenDied: April 23, 1616 in Stratford-upon-AvonPublished Works: Romeo and Juliet (1594Ã¢â¬â1595), A Midsummer NightÃ¢â¬â¢s Dream (1595Ã¢â¬â1596), Much Ado About Nothing (1598Ã¢â¬â1599), Henry V (1598Ã¢â¬â1599), Hamlet 1600Ã¢â¬â1601, King Lear (1605Ã¢â¬â1606), Macbeth ( 1605Ã¢â¬â1606), The Tempest (1611Ã¢â¬â1612)Awards and Honors: After Shakespeares death, a funerary monument was erected to honor him at Holy Trinity Church in Stratford-upon-Avon, where he is buried. It depicts a half-effigy of The Bard in the act of writing. Numerous statues and monuments have been erected around the world to honor the playwright.Spouse: Anne Hathaway (m.Ã Nov. 28, 1582Ã¢â¬âApril 23, 1616)Children: Susanna, Judith and Hamnet (twins)Notable Quote: All the worlds a stage, and all the men and women merely players: they have their exits and their entrances; and one man in his time plays many parts, his acts being seven ages. Early Years Shakespeare was probably born on April 23, 1564, but this date is an educated guess because we only have a record of his baptism three days later. His parents, John Shakespeare and Mary Arden, were successful townsfolk who moved to a large house in Henley Street, Stratford-upon-Avon, from the surrounding villages. His father became a wealthy town official and his mother was from an important, respected family. It is widely assumed that Shakespeare attended the local grammar school where he would have studied Latin, Greek, and classical literature. His early education must have made a huge impact on him because many of his plots draw on the classics. ShakespeareÃ¢â¬â¢s Family At age 18, on November 28, 1582, Shakespeare married Anne Hathaway from Shottery, who was already pregnant with their first daughter. The wedding would have been arranged quickly to avoid the shame of having a child born out of wedlock. Shakespeare fathered three children, Susanna, born in May 1583 but conceived out of wedlock, and Judith and Hamnet, twins who were born in February 1585. Hamnet died in 1596 at age 11. Shakespeare was devastated by the death of his only son, and it is argued that Hamlet, written four years later, is evidence of this. Theater Career At some point in the late 1580s, Shakespeare made the four-day ride to London, and by 1592 had established himself as a writer. In 1594, an event occurred that changed the course of literary history: Shakespeare joined Richard BurbageÃ¢â¬â¢s acting company and became its chief playwright for the next two decades. Here, Shakespeare was able to hone his craft, writing for a regular group of performers. Shakespeare also worked as an actor in the theater company, although the lead roles were always reserved for Burbage himself. The company became very successful and often performed in front of the Queen of England, Elizabeth I. In 1603, James I ascended the throne and granted his royal patronage to ShakespeareÃ¢â¬â¢s company, which became known as The KingÃ¢â¬â¢s Men. Shakespeare the Gentleman Like his father, Shakespeare had excellent business sense. He bought the largest house in Stratford-upon-Avon by 1597, owned shares in the Globe Theater,Ã and profited from some real estate deals near Stratford-upon-Avon in 1605. Before long, Shakespeare officially became a gentleman, partly due to his own wealth and partly due to inheriting a coat of arms from his father who died in 1601. Later Years and Death Shakespeare retired to Stratford in 1611 and lived comfortably off his wealth for the rest of his life. In his will, he bequeathed most of his properties to Susanna, his eldest daughter, and some actors from The KingÃ¢â¬â¢s Men. Famously, he left his wife his Ã¢â¬Å"second-best bedÃ¢â¬ before he died on April 23, 1616. (This date is an educated guess because we only have a record of his burial two days later). If you visit Holy Trinity Church in Stratford-upon-Avon, you can still view his grave and read his epitaph engraved into the stone: Good friend, for Jesus sake forbearTo dig the dust enclosed here.Blessed be the man that spares these stones,And cursed be he that moves my bones. Legacy More than 400 years after his death, Shakespeares plays and sonnets still hold a special place in theaters, libraries, and schools around the world. His plays and sonnets have been performed in nearly every major language on every continent, notes Greg Timmons writing on Biography.com. In addition to the legacy of his plays and sonnets, many of the words and phrases Shakespeare created infuse dictionaries today and are embedded in modern English, including these sayings from some of his plays: All that glitters isnt gold (The Merchant of Venice)Alls well that ends well (Alls Well that Ends Well)To be-all and the end-all (Macbeth)Break the ice (The Taming of the Shrew)We have seen better days (As You Like It)Brave new world (The Tempest)Brevity is the soul of wit (Hamlet)Cruel to be kind (Hamlet)Its Greek to me (Julius Caesar)Something wicked this way comes (Macbeth)Star-crossed lovers (Romeo and Juliet)Wild-goose chase (Romeo and Juliet)The world is my oyster (The Merry Wives of Windsor) Few writers, poets, and playwrights- and Shakespeare was all three- have had the influence on culture and learning that Shakespeare has. With luck, his plays and sonnets may still be revered and studied four centuries from now. Sources Ã¢â¬Å"IWonder - William Shakespeare: The Life and Legacy of Englands Bard.Ã¢â¬ Ã BBC.Ã¢â¬Å"Shakespeares Words Phrases.Ã¢â¬ Ã Shakespeare Birthplace Trust.Timmons, Greg. Ã¢â¬Å"William Shakespeares 400th Anniversary: The Life Legacy of The Bard.Ã¢â¬ Ã Biography.com, AE Networks Television, 2 Nov. 2018.Ã¢â¬Å"Who Was William Shakespeare? Everything You Need to Know.Ã¢â¬ Ã Childhood, Life Achievements Timeline, thefamouspeople.com.Ã¢â¬Å"William Shakespeare Quotes.Ã¢â¬ Ã BrainyQuote, Xplore.
Saturday, February 22, 2020
Constitutionalizing Libel Law - Assignment Example A statement no matter how hurtful if it turns out true, it cannot be sued. The first legal rule from the New York Times Co .v. Sullivan was the Ã¢â¬Å"first amendment to the united state constitutionÃ¢â¬ which prohibits infringing the freedom of the press, and restricts the right to prohibit the petitioning for a governments redress of grievances. This adopted on December 1791. (Cornell University, N.P). Secondly was the Ã¢â¬Å"fourteenth amendment to the constitution of United StatesÃ¢â¬ which limits the actions of all state and local officials. It prohibits local government officials from relieving persons of life or belongings without the authorization of legislature (Nelson, 49).The common law defense applicable here is necessity. The newspaper author can say they did it to prevent further damage from occurring or to reduce/ stop the current damage. The mayor asks for the notes so that the jury can access the files point by point. This was crucial as it can provide some useful false information by the newspaper. The judge can agree with this as well as his request that the newspaper answer a series of questions. This would help unfold new facts and convince the mayor when a final verdict gets reached. The same rule that governs the mayorÃ¢â¬â¢s lawsuit does not wholly apply to President Ed Brown because his case has not been seriously mentioned or proven as the newspaper on ly said,Ã¢â¬ he has to know what is going onÃ¢â¬ . This is quite different because the mayors case was