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Tuesday, August 25, 2020
Perspectives on African Experience- Examine Ayi Akwei Armah's Essay
Points of view on African Experience-Examine Ayi Akwei Armah's portrayal of the disappointments of decolonisation and national freedom in The Beautyful Ones Are Not Yet Born - Essay Example who is the primary character in this story, is the hero, who is by all accounts the encapsulation of good ethics since he isn't degenerate and has declined inclusion in its sparkle. The creator wishes to impart uprightness and great character through the Man, so as to stir Ghanaians to the truth of defilement, realism, destitution, political talk and franticness. Guarantees made during the battle against imperialism were communist naturally, including equity and advancement of peopleââ¬â¢s lives, yet none of them were satisfied during the rule of Dr. Kwame Nkrumah, or significantly after the upset. The tale draws out the truth of life in Ghana after freedom, where peopleââ¬â¢s dreams of a superior country were broken by the rottenness of debasement around then. The Manââ¬â¢s dream was to go to the University of Legon, a fantasy that never worked out as expected simply like most Ghanaiansââ¬â¢ dreams of a superior country were broken by the degenerate government framework that came into power after colonialists had left. In this paper, I am to talk about in detail how the creator utilizes imagery to show moral debauchery in the post-autonomy Ghana, and how it applies to other African states today. The topic of defilement covers the bigger piece of the novel, as saw by the Man on his way to his working spot at the railroad organization, when the conductor in the transport will not restore the full change and keeps additional sum over the ordinary charge as his (Armah 1968, p.1). The conductor smells the cedi and says that it is peculiar that a man could have such a large number of cedis go through his hands but then not so much know their smell, suggesting that the conductor was cash hungry. The transport for this situation speaks to Ghana, the conductor speaks to its pioneers, who are extremely degenerate and the travelers are the Ghanaians. The poor residents in most African states take an interest in the economy through working yet the cash winds up in a couple peopleââ¬â¢s pockets (Ferguson 2010, p. 170), no big surprise the conductor is deriding the
Saturday, August 22, 2020
Obscenity Law Free Essays
string(126) and degenerate those whose psyches are available to such unethical impacts, and into whose hands a distribution of this sort may fall. The ambiguous, emotional, and uncertain nature of Canadian indecency law has been called ââ¬Å"the most jumbled law in Canada. â⬠Recognizing that consistency and objectivity are significant viewpoints in the running of any effective legitimate framework, the Supreme Court of Canada has endeavored to deliberately explain and modernize profanity law. The decision in R. We will compose a custom paper test on Indecency Law or on the other hand any comparable subject just for you Request Now v. Head servant denoted the change of the law of indecency from a ââ¬Å"moral-basedâ⬠offense to a ââ¬Å"harm-basedâ⬠offense. The courts are presently approached to decide, as well as can be expected, what the network will endure others being presented to, based on the level of damage that may spill out of such presentation. Damage, in this specific situation, implies the inclination to withdrawn direct. While examining past shallow appearances, plainly the modernizing moves made by the Canadian legal executive, in presenting the network standard of mischief test to uphold vulgarity law, are simple logical spreads for the proceeded with security of ordinary profound quality. The assurance of ââ¬Å"community standardsâ⬠is left fundamentally to the emotional judgment and hunches of criminal equity faculty. In this unique situation, the standard to which profanity laws are based can be dubious and not well characterized, making it hard to guarantee consistency in the use of the indecency law and to request that people in general comply with guidelines that are not plainly divided in any case. This is an upsetting situation for any criminal offense. This article will right off the bat separate the jobs where judges at present play in choosing the idea of wrongdoing. Furthermore, with the utilization of past decisions on profanity by the Supreme Court of Canada, the development of Canadian foulness law will be investigated. Thirdly, the association of the network standard of resistance inside the present vulgarity definition will be hailed as partial against non-standard minority portrayals of sex and sexuality. Fourthly, the Butler choice will be broke down inside the gay and lesbian setting. At long last, the three intrinsic blemishes of the present Butler meaning of foulness will be talked about; the obscure meaning of mischief, the hazardous classification of ââ¬Å"degrading and dehumanizing sexâ⬠and the overemphasis put on hetero standards. The present jobs where judges play in settling on the idea of wrongdoing. Frey v. Fedoruk (1950), a choice made by the Supreme Court of Canada, is iewed as a fruitful advance in the courtsââ¬â¢ mission for objectivity. This alleged achievement case denoted the finish of the courtsââ¬â¢ capacity to imagine new wrongdoings at custom-based law and basically delegated extreme intensity of the Criminal Code to the central government. Frey was blamed for peeping into the window of an evolving lady. The courts perceived that peeping was unmistakably ethically questionable, yet the Court likewise noticed that peeping was ââ¬Å"not in any case c riminal and not falling inside any classification of offenses characterized by the Criminal Law. It went on further to state that ââ¬Å"if any course of lead is currently to be pronounced crook, which has not up to the here and now been so respected, such affirmation ought to be made by Parliament and not by the Courts. ââ¬Å"[i] This case basically set the trend that no individual could be accused of an offense that was not recently specified in the Criminal Code. This case represents an obvious move with respect to the job makes a decision about play in the equity framework; be that as it may, it is flawed if this move is as generous as initially saw. Something that is frequently overlooked by the individuals who stress the sovereign part of the criminal law is that Parliament doesn't have direct authority over the implementation of their own writings. Judges can't straightforwardly repudiate or create new laws, yet they can perpetually reevaluate them. Besides, in deciphering the criminal law, judges don't have power over the manner by which individual criminal equity faculty will rework their translations. For instance, because of the caprices associated with Justice Sopinkaââ¬â¢s administering in R. v. Head servant, criminal equity work force have been given optional force that has brought about the differential and unlawful focusing of gay and lesbian explicit material. In contending for legal objectivity, one could contend that judges are just permitted to decipher law in agreement the aim of Parliament when the area was instituted or altered. Judges can't embrace the move in reason convention, which was unequivocally dismissed in R. v. Enormous M Drug Mart Ltd. [ii]â⬠However, so as to abstain from running a foul of the moving reason contention, judges can utilize unclear and vague language that will just require the requirement for reevaluation later on and further the utilization of legal subjectivity. At the point when understandings are required it makes the ways for the, subliminal or cognizant, usage of emotional gauges of ethical quality by judges or riminal equity faculty. Basically various appointed authorities will decipher the law in various manners, which focuses on the significance for explanation and particular inside the Criminal Code. It has additionally been contended that the choice in Frey v. Fedoruk considers residents to know ahead of time on the off chance that they are carrying out a wrongdoing. As found in the Butler case, numerous laws in the Criminal Code keep on being ambiguous and vague, r equiring the requirement for legal translations. The ideas of the profanity law permit judges, police and customs officials, to decipher the law in a way that may envelop material or activities that were not explicitly specified under the law itself. The advancement of Canadian profanity law: Upon assessment of the movement of Canadian indecency law obviously the modernized vulgarity law stays loaded with a portion of similar issues intrinsic to its ancestors. The law of vulgarity in Canada has its underlying foundations in English law. The 1868 choice of the House of Lords in R. v. Hicklin was the main case and set out a test for profanity. In maintaining a request for the pulverization of a distribution, Chief Justice Cockburn announced, ââ¬Å"I think the trial of profanity is this, regardless of whether the inclination of the issue charged as indecency is to debase and degenerate those whose psyches are available to such indecent impacts, and into whose hands a distribution of this sort may fall. You read Foulness Law in classification Papers ââ¬Å"[1] This definition had been censured for its negligence of genuine reason or creative legitimacy in the criticized material and for its exorbitant reliance on abstract theories made with respect to the trier of actuality. This was the test utilized in Canada until the Criminal Code was changed in 1959 to incorporate a meaning of foulness as ââ¬Å"the undue abuse of sex, or of sex and any at least one of wrongdoing, ghastliness, cold-bloodedness and savagery. â⬠Canadian courts at that point moved their concentration from the correct use of the Hicklin test to the comprehension of how the ââ¬Å"undue abuse of sexâ⬠is to be perceived. Brodie was the primary profanity claim to precede the Supreme Court of Canada following the correction. Judson J. , during his explanation of this ection, was aware of the analysis that had been leveled against the Hicklin test and was hence attempting to maintain a strategic distance from its destructions. Judson J. communicated the view, considering the revision, â⬠that all the law under the Hicklin definition is rendered obsoleteâ⬠and that the new definition gave the Court ââ¬Å"an chance to apply tests which have some assurance of importance a nd are equipped for target application, which don't such a great amount of depend as before upon the peculiarities and sensitivities of the council of actuality, regardless of whether judge or juryâ⬠[2] . Two tests were purposed all through the preliminary that were considered able equitably perceiving the ââ¬Å"undueâ⬠abuses of sex. The main test concentrated on the ââ¬Å"internal necessitiesâ⬠of the work being referred to. The subsequent test was ââ¬Å" the network standard test. â⬠He perceives that network principles may fluctuate occasionally, however held that there is a general natural standard of respectability, which wins in some random network. What is foul is material that insult that norm. The advancement of the law post-Brodie had expounded upon this thought of ââ¬Å" network standard. ââ¬Å"It has been supposed to be: a general normal of network thinking and feeling; a national norm; one where judges are qualified for decide for themselves, without master proof, when this standard has been surpassed. â⬠However, a generous advancement in the test for vulgarity happened in the Supreme Court of Canadaââ¬â¢s choice in Towne Cinema Theaters Ltd. v. The Queen. [3] In this choice, the court expressed that the ââ¬Å"community standard of toleranceâ⬠is just a single manner by which the abuse of sex can be resolved ââ¬Å"undue. The Court perceived the flaws of society and the resulting probability that the network could endure distributions that cause mischief to citizenry. The court proceeded to state that ââ¬Å" regardless of whether, at specific occasions, there is an incident between what isn't endured and what is hurtful to society, there is no fundamental association between these two ideas. â⬠[4] Thus, the legitimate meaning of ââ¬Å" undueâ⬠was made to include distributions that were hurtful to citizenry and subsequently society in general. Material was regarded hurtful in the event that it depicted people in a ââ¬Å"degrading or dehumanizingâ⬠way. Foulness additionally kept on being evaluated agai
Tuesday, August 11, 2020
Updating Maslows Hierarchy of Needs
Updating Maslows Hierarchy of Needs Theories Personality Psychology Print Updating Maslows Hierarchy of Needs By Kendra Cherry facebook twitter Kendra Cherry, MS, is an author, educational consultant, and speaker focused on helping students learn about psychology. Learn about our editorial policy Kendra Cherry Updated on February 15, 2020 Gary Waters / Ikon / Getty Images More in Theories Personality Psychology Myers-Briggs Type Indicator Behavioral Psychology Cognitive Psychology Developmental Psychology Social Psychology Biological Psychology Psychosocial Psychology Anyone who has ever taken a psychology class probably has at least a basic understanding of Abraham Maslows hierarchy of needs. Maslow suggested that needs at the base of the pyramid, which include such things as food, water, and sleep, must be met before people can move on to needs higher up on the hierarchy.?? After fulfilling these fundamental needs, people move on to the need for safety and security, then belonging and love and then esteem. Finally, once all these lower-level needs are met, Maslow suggested that people move on the need at the peak of the pyramid, which is known as self-actualization. A 1976 paper by Wahba and Bridwell suggested that the uncritical acceptance of Maslows hierarchy needed to be addressed by additional research.?? Their review of the research available at the time found little support for the accuracy of the hierarchy. More recent research has offered some support for Maslowâs original hierarchy, but many suggest that the theory might be in need updated to reflect better the needs of modern life. Does Maslowâs Hierarchy Hold Up? Maslowâs hierarchy of needs continues to be widely popular and most well accepted, but the available evidence does not necessarily support Maslowâs theory. Maslows need hierarchy theory presents the student of work motivation with an interesting paradox, Wahba and Bridwell wrote. The theory is widely accepted, but there is little evidence to support it. In their review of the available research, Wahba and Bridwell found that there was little empirical support suggesting that needs exist in a hierarchy at all.??Other critics have also suggested that the original hierarchy does not account for the fact that needs tend to change based on the situation.Maslows theory also does not account for differences between individualist and collectivist cultures. Does Maslowâs Hierarchy Need to Be Updated? In 2010, a team of psychologists attempted to modernize Maslows hierarchy. Their renovated version of the classic needs pyramid was published in an issue of Perspectives on Psychological Sciences.?? While the original hierarchy contained five levels, this revised version included seven. The bottom four levels of this new version are quite similar to Maslows, but big changes can be seen at the top levels of the proposed new version. Most surprisingly perhaps was that it eliminated the very highest levels of the original versionâ"that of self-actualization. Why eliminate self-actualization? The authors of the article suggested that while self-actualization is still significant and interesting, it is not an evolutionarily fundamental need. Instead, the authors suggested, many of the activities and pursuits that Maslow initially identified as self-actualizing represent basic biological drives, such as attracting a mate and having children.?? The Updated Hierarchy of Needs So what replaces self-actualization at the top of this revised hierarchy?Parenting takes the top spot, followed byMate retentionMate acquisitionStatus/esteemFollowing those needs is affiliation and self-protection.Immediate physiological needs make up the very base of the pyramid. Among human aspirations that are most biologically fundamental are those that ultimately facilitate reproduction of our genes in our childrens children, explained the studys lead author Douglas Kenrick of Arizona State University in a press release.?? For that reason, parenting is paramount. The proposed revisions to Maslows original hierarchy did not come without controversy, however. The journal issue containing the revised hierarchy also included four different commentary pieces that offered perspectives on the original and revised versions of the hierarchy. While many agreed with the basic premise of the revised version, particularly the evolutionary basis for the revisions, many took issue with the removal of self-actualization as a key motivating need. People in Different Cultures May Have Similar Needs Psychologist Ed Diener of the University of Illinois led a study that put the famous hierarchy of needs to the test in different countries all over the world.?? Researchers conducted surveys on food, shelter, safety, money, social support, respect, and emotions in 155 different countries between 2005 and 2010. While some aspects of their findings are consistent with Maslows theory, there were also some notable departures. The needs described in Maslows theory appear to be universal. However, in this research, the order in which these needs are met had little impact on peoples satisfaction with life. Our findings suggest that Maslows theory is largely correct. In cultures all over the world the fulfillment of his proposed needs correlates with happiness, Diener explained in a press release.?? However, an important departure from Maslows theory is that we found that a person can report having good social relationships and self-actualization even if their basic needs and safety needs are not completely fulfilled. While recent research seems to support the idea of universal human needs, support for Maslows ranked hierarchy remains elusive. The Psychology of What Motivates Us
Saturday, May 23, 2020
The Impact of Families Upon The Watchmens Rorschach and...
The manner in which an individual is raised can impact their lives forever. This idea is proven to be true with two characters from the works that were studied this semester. Although they come from completely different worlds, the similarities between these two characters and the manner in which they face the world can be associated with the relationships they had with their families. These two characters are Walter ââ¬Å"Rorschachâ⬠Kovacs, from Alan Moores graphic novel which is called Watchmen, and Antoinette, from Jean Rhys novel which is called Wide Sargasso Sea. First, there is the character of Rorschach. Rorschach is a very angry character, who has a lot of psychological baggage that influences the way that he views the world aroundâ⬠¦show more contentâ⬠¦In the case of Rorschach, he did not have a stable father figure in his life at all. Rather, Rorschach was raised by his mother before being subjected to foster care. This is made clear to the readers on page ei ght of chapter six in the pages first panel, when the character Dr. Micheal Long writes, ââ¬Å"...he was removed from his mothers custody and put into care.â⬠(Watchmen) However, he was still negatively effected by the few men that are seen in his early life. It is revealed on page thirty of chapter six that his mother, Sylvia Kovacs, is a prostitute, and that there was never a stable father figure for Rorschach to connect with. Rather, at least once, he saw a strange man engaged in a sexual act with his mother. He walks in on his mother and this man on page three of chapter six, worried that his mother is being harmed as he hears strange noises, which is shown on the second panel of the page. This already traumatic fact is made much more difficult because Rorschach is taunted by other people due to his mothers occupation and or reputation. It is illustrated that Rorschach is taunted and physically bullied by others on page six of chapter six, when two teenagers refuse to let him past them, refer to him as ââ¬Å"whoresonâ⬠and shove food into his face. It can be argued that Rorschach might not have been subjected to this treatment if he had a stable father figure or a more stable home environment.
Tuesday, May 12, 2020
Elizabeth Cady Stanton, Womens Suffrage Leader
Elizabeth Cady Stanton (November 12, 1815ââ¬âOctober 26, 1902) was a leader, writer, and activist in the 19th-century womens suffrage movement. Stanton often worked with Susan B. Anthony as the theorist and writer, while Anthony was the public spokesperson. Fast Facts: Elizabeth Cady Stanton Known For: Stanton was a leader in the womens suffrage movement and theorist and writer who worked closely with Susan B. Anthony.Also Known As: E.C. StantonBorn: November 12, 1815 in Johnstown, New YorkParents: Margaret Livingston Cady and Daniel CadyDied: October 26, 1902 in New York, New YorkEducation: At home, the Johnstown Academy, and the Troy Female SeminaryPublished Works and Speeches:à Seneca Falls Declaration of Sentiments (co-drafted and amended), Solitude of Self, The Womens Bible (co-written), History of Womens Suffrage (co-written), Eighty Years and MoreAwards and Honors: Inducted into National Womens Hall of Fame (1973)Spouse: Henry Brewster StantonChildren: Daniel Cady Stanton, Henry Brewster Stanton, Jr., Gerrit Smith Stanton, Theodore Weld Stanton, Margaret Livingston Stanton, Harriet Eaton Stanton, and Robert Livingston StantonNotable Quote: We hold these truths to be self-evident: that all men and women are created equal. Early Life and Education Stanton was born in New York in 1815.à Her mother was Margaret Livingston and descended from Dutch, Scottish, and Canadian ancestors, including people who fought in the American Revolution. Her father was Daniel Cady, a descendant of early Irish and English colonists.à Daniel Cady was an attorney and judge. He served in the state assembly and in Congress. Elizabeth was among the younger siblings in the family, with one older brother and two older sisters living at the time of her birth (a sister and brother had died before her birth).à Two sisters and a brother followed. The only son of the family to survive to adulthood, Eleazar Cady, died at age 20. Her father was devastated by the loss of all his male heirs, and when young Elizabeth tried to console him, he said, I wish you were a boy.à This, she later said, motivated her to study and try to become the equal of any man. She was also influenced by her fathers attitude toward female clients.à As an attorney, he advised abused women to stay in their relationships because of legal barriers to divorce and to the control of property or wages after a divorce. Young Elizabeth studied at home and at the Johnstown Academy, and then was among the first generation of women to gain a higher education at the Troy Female Seminary, founded by Emma Willard. She experienced a religious conversion at school, influenced by the religious fervor of her time. But the experience left her fearful for her eternal salvation, and she had what was then called a nervous collapse. She later credited this with her lifelong distaste for most religions. Radicalization and Marriage Elizabeth may have been named for her mothers sister, Elizabeth Livingston Smith, who was the mother of Gerrit Smith.à Daniel and Margaret Cady were conservative Presbyterians, while cousin Gerrit Smith was a religious skeptic and abolitionist.à Young Elizabeth Cady stayed with the Smith family for some months in 1839, and it was there that she met Henry Brewster Stanton, known as an abolitionist speaker. Her father opposed their marriage because Stanton supported himself completely through the uncertain income of a traveling orator, working without pay for the American Anti-Slavery Society.à Even with her fathers opposition, Elizabeth Cady married abolitionist Henry Brewster Stanton in 1840.à By that time, shed already observed enough about the legal relationships between men and women to insist that the word obey be dropped from the ceremony. After the wedding, Elizabeth Cady Stanton and her new husband departed for a trans-Atlantic voyage to England to attend the Worlds Anti-Slavery Convention in London. Both were appointed delegates of the American Anti-Slavery Society.à The convention denied official standing to women delegates, including Lucretia Mott and Elizabeth Cady Stanton. When the Stantons returned home, Henry began to study law with his father-in-law.à Their family quickly grew.à Daniel Cady Stanton, Henry Brewster Stanton, and Gerrit Smith Stanton were already born by 1848; Elizabeth was the chief caregiver of them, and her husband was frequently absent with his reform work.à The Stantons moved to Seneca Falls, New York, in 1847. Womens Rights Elizabeth Cady Stanton and Lucretia Mott met again in 1848 and began planning for a womens rights convention to be held in Seneca Falls. That convention, including the Declaration of Sentiments written by Elizabeth Cady Stanton and approved there, is credited with initiating the long struggle toward woman suffrage and womens rights. Stanton began writing frequently for womens rights, including advocating for womens property rights after marriage. After 1851, Stanton worked in close partnership with Susan B. Anthony. Stanton often served as the writer, since she needed to be home with her children, and Anthony was the strategist and public speaker in this effective working relationship. More children followed in the Stanton marriage, despite Anthonys eventual complaints that having these children was taking Stanton away from the important work of womens rights.à In 1851, Theodore Weld Stanton was born, then Margaret Livingston Stanton and Harriet Eaton Stanton. Robert Livingston Stanton, the youngest, was born in 1859. Stanton and Anthony continued to lobby in New York for womens rights, up until the Civil War. They won major reforms in 1860, including the right after divorce for a woman to have custody of her children and economic rights for married women and widows.à They were beginning to work for reform on New Yorks divorce laws when the Civil war began. Civil War Years and Beyond From 1862 to 1869, the Stantons lived in New York City and Brooklyn. During the Civil War, womens rights activity was largely stopped while the women who had been active in the movement worked in various ways first to support the war and then work for anti-slavery legislation after the war.à Elizabeth Cady Stantonà ran for Congress in 1866 in a bid to represent New Yorks 8th Congressional district. Women, including Stanton, were still not eligible to vote.à Stanton received 24 votes out of about 22,000 cast. Split Movement Stanton and Anthony proposed at the Anti-Slavery Society annual meeting in 1866 to form an organization that would focus on equality for women and African-Americans.à The American Equal Rights Association was the result, but it split apart in 1868 when some supported the 14th Amendment, which would establish rights for black males but would also add the word male to the Constitution for the first time, while others, including Stanton and Anthony, were determined to focus on female suffrage. Those who supported their stance founded the National Woman Suffrage Association (NWSA) and Stanton served as president. The rival American Woman Suffrage Association (AWSA) was founded by others, dividing the womens suffrage movement and its strategic vision for decades. During these years, Stanton, Anthony, and Matilda Joslyn Gage organized efforts from 1876 to 1884 to lobby Congress to pass a national woman suffrage amendment to the constitution.à Stanton also lectured for the traveling public programs known as the lyceum circuit from 1869 to 1880.à After 1880, she lived with her children, sometimes abroad. She continued to write prolifically, including her work with Anthony and Gage from 1876 through 1882 on the first two volumes of the History of Woman Suffrage. They published the third volume in 1886. In these years, Stanton cared for her aging husband until his death in 1887. Merger When the NWSA and the AWSA finally merged in 1890, Elizabeth Cady Stanton served as the president of the resulting National American Woman Suffrage Association.à She was critical of the direction of the movement despite serving as president, as it sought southern support by aligning with those who opposed any federal interference in state limits on voting rights justified more and more the womens right to vote by asserting womens superiority.à She spoke before Congress in 1892, on The Solitude of Self. She published her autobiography Eighty Years and More in 1895. She became more critical of religion, publishing with others in 1898 a controversial critique of womens treatment by religion, The Womans Bible. Controversy, especially over that publication, alienated many in the suffrage movement from Stanton, as the more conservative majority of suffrage activists were concerned that such skeptical free thought ideas might lose precious support for suffrage. Death Elizabeth Cady Stanton spent her last years in ill health, increasingly hampered in her movements. She was unable to see by 1899 and died in New York on October 26, 1902, nearly 20 years before the United States granted women the right to vote. Legacy While Elizabeth Cady Stanton is best known for her long contribution to the woman suffrage struggle, she was also active and effective in winning property rights for married women, equal guardianship of children, and liberalized divorce laws. These reforms made it possible for women to leave marriages that were abusive of the wife or the children. Sources ââ¬Å"Elizabeth Cady Stanton.â⬠à National Womens History Museum.Ginzberg, Lori D. Elizabeth Cady Stanton: An American Life. Hill and Wang, 2010.
Wednesday, May 6, 2020
The Causes and Effects of Whaling Free Essays
The Causes and Effects of Whaling 1 The Causes and Effects of Whaling Whale is the current name for diverse marine mammals of the order Cetacea, having the general shape of a fish with forelimbs modified as fins, a tail with level flukes, and one or two blowholes on top of the head. (ââ¬Å"Whaleâ⬠, 2010). Whaling dates back to prehistoric times, but it became an important industry in the nineteenth century. We will write a custom essay sample on The Causes and Effects of Whaling or any similar topic only for you Order Now Whales have been hunted for meat or made into lighting oil. Until the international injunction on commercially hunting whales was enacted in 1982 by International Whaling Commission (effective from 1986), some species were seriously endangered. Although commercial whaling was forbidden, several countries were unwilling to follow it such as Norway and Japan. They developed whaling industry for the sake of economic benefits and because the cost is low with free marine resources. But whaling has serious effects on both the environment as well as the society. Japanese are the leading whale hunters at present, now we use Japan as a typical example and we will mainly talk about Japanââ¬â¢s whaling. Commercial whaling is lucrative, the prosperous fishing industry in Japan also affects the economic interests of other industries such as tourism and Catering Industry. This is the first reason why Japan insists on whaling. According to a statistics of Japanââ¬â¢s Institute of Cetacean Research in 2000, the production of whale meat in Japan is 2849 tons, and the whale skin is 1051 tons. The revenue generated by whaling activities is more than US$32 million each year. Whaling Whatââ¬â¢s more, Japan has natural and vast amount of marine resources. The 2 whaling industry was also driven by the free marine resources. Japan was facing the pressure from public opinion especially the West about hunting whales unrestrictedly and excessively. But why Japan was still persisting in whaling? The most significant reason comes to my mind is cultural conflict. Put it this way, Japanese hate the way Europe and the United States imposes their values to them. They feel unfair and have no intention of lying down under those accusations, and they want to show their cultural identity through whaling. That is their subconscious action and they would like to take this way against ââ¬Å"cultural imperialismâ⬠in order to safeguard their own interests. However, due to their continuous whaling, more than 2 million whales were killed in the early 20th century. Some species of whales are close to extinction. Whaling sounds nothing to do with us, how does whaling affect us? Japanese whaling in the northern Pacific Ocean has caused international objections, according to Reuben (2001), the potential full-scale trade war led by U. S. ill become true if Japan still refuses to reform Japanââ¬â¢s whaling practices. Another thing, the excessive whaling disturbs the balance of the ecosystem they belong to, it will also diminish the marine ecosystems, and even the whole could collapse. The worst influence is the people in Taiji, Japan were detected their mercury levels exceed standards which stipulated by World Health Organization because of eating whale meat in excess. It has Whaling co me to light that mercury is the most toxic element on earth. It is very dangerous for us to eat whale meat. 3 In conclusion, the excessive whaling caused by economic benefits and cultural conflict resulted in terrible impacts on oceanic environment and human beings. To save whales, Environmental protection organizations like Greenpeace or individuals are campaigning to end commercial whaling and the governments should also go to great lengths to end it. Whaling 4 References Whale. (October 8, 2009). In Wikipedia, The Free Encyclopedia. Retrieved April 17, 2010, from http://en. wikipedia. org/wiki/Whale Whaling. (February 12, 2009). In Wikipedia, The Free Encyclopedia. Retrieved April 17, 2010, from http://en. ikipedia. org/wiki/Whaling The Cove. April 25, 2009). In Wikipedia, The Free Encyclopedia. Retrieved April 17, 2010, from http://en. wikipedia. org/wiki/The_Cove_(film) Reuben B. Ackerman. (2001, January) ââ¬ËJapanese Whaling in the Pacific Ocean: Defiance of International Whaling Norms in the name of ââ¬ËScientific Researchââ¬â¢, Culture, and Traditionalââ¬â¢, Boston Colleg e, Retrieved April 17, 2010, from http://www. bc. edu/bc_org/avp/law/lwsch/journals/bciclr/25_2/07_TXT. htm Japanââ¬â¢s Institute of Cetacean Research, In Baidupedia, Retrieved April 17, 2010, from http://baike. baidu. com/view/1632862. html How to cite The Causes and Effects of Whaling, Essay examples
Saturday, May 2, 2020
Commercial Law Law Reform Commission
Question: Describe about the Commercial Law for Law Reform Commission. Answer: Issue The issue here is whether Rebecca sues Michelle in negligence for her losses. Rules Negligence refers to the act done by a person in careless manner due to which physical, psychological or financial loss or injury is caused to another person or group of persons (Legal Services Commission, 2013). The suffered person might sue the person who caused such damage to compensate for the loss or injury incurred to him (Lawstuff, 2015). Civil Liability Act 1936 is applicable in South Australia, which is utilized in assessment of negligent act done by any person and the liability imposed on him for such an act. The sufferer seeks financial compensation for loss or damage(Legal Services Commission , 2013). In order to determine whether negligence has occurred or not, four demands must be satisfied i.e. if the defendant owes a duty of care or responsibility towards plaintiff, if that duty of care has been breached by the defendant, if any kind of injury or damage has been caused to the plaintiff, and finally, if the reason of injury or damage has been the consequence of breach of the duty of care and responsibility. To prove negligence on the part of defendant, all these factors are required to be satisfied and if even one of the above mentioned demands is not fulfilled, the establishment of negligence is impossible (Australian Law Reform Commission, 2016). To determine whether a person owes a duty of care towards other, the existence of a sufficient proximity of relationship is must. It is a legal obligation to prevent a person from causing harm to others and then also caused, when harm is rationally predictable and due care is not taken (RMIT University, 2004). The court determines the breach of duty of care by seeking at the standard of care to be predictable in the existing conditions. It is considered by the court that what course of action would have been done by a reasonable person in the similar situation and if the act done by the defendant has been found to be unreasonable from the standard predicted, he will be proved guilty of breach of due duty of care(Legal Aid , 2015). To determine the relation of breach of duty of care and injury, it is to be assessed if there are more than one causes of injury. Contributory negligence occurs in case where the cause of injury is found to have been the contribution of the injured person themselves(Trindade et al., 2007). Plaintiff will be considered as contributory negligent if he/she has failed to take due care for self-safety or loss incurred (International Law Office, 2001). Application Rebecca and Michelle were drunk when they left the opera after the performance. Even if Rebecca has realized the fact that Michelle was too drunk to drive, she did not refuse to sit in the car and not even suggested her not to drive the car in that condition. When they were on their way to home, knowing Michele was driving dangerously, she asked her twice to get out of the car but Michelle refused. As a consequence, Michelle continued the driving and crashed the car. Rebecca got seriously injured and her leg got broken. There is a clear Negligence on the part of Michelle. As Michelle drove the car in a careless manner as a consequence of which, Rebecca suffered from serious physical injuries. She got her leg broken. The assessment of negligent act done by Michelle can be proved under the Civil Liability Act of South Australia and Rebecca is eligible to sue Michelle for compensation for the loss or injury incurred to him. The four factors which are required to be satisfied to prove the negligence on the part of Michelle are as follows; Michelle and Rebecca are friends which show there is a sufficient relationship between the two to owe a duty of care towards each other. In this case, it was the legal obligation of Michelle and Rebecca to owe a duty of care towards each other. Neither Rebecca advised Michelle not to drive harshly even if she realized that she was very much drunk to drive the car, nor did Michelle though once not to drive as it might cause harm to both of them. Michelle and Rebecca are equally liable for the harm occurred as the harm was reasonably foreseeable and none of them took due care and responsibility. The breach of duty of care is clearly visible on the part of Michelle as, any reasonable person would not drive a car in a drunken state and put his/her life as well as others life in danger. However, duty of care has been breached on behalf of Rebecca also as, she should have stopped Michelle from driving the car in drunken condition. Contributory negligence shall be applicable on Rebecca as she was conscious enough not to accept the ride when Michelle was driving the car in a drunken state. She has failed to take due care for her own safety due to which she suffered serious injury. The fact is that Michelle and Rebecca are friends and equally owes duty of care towards each other, breached the duty of care, and the consequences are the serious injuries to Rebecca. The court would hold both of them equally liable for the incident. Conclusion Rebecca should not sue Michelle in negligence because she herself is equally responsible for the accident happened. Firstly, Michelle should not have driven car in drunken state and secondly, if she was ready to drive, it was the legal responsibility of Rebecca to stop her from driving the car. If then, she failed to do accordingly, she should have denied the ride to home with her for her own safety but she accepted the ride. The fault of Michelle is that she must have thought about the consequences of driving in a drunken state but she acted negligently and crashed the car and injured her friend too. Of course, her fault is bigger than the fault of Rebecca but the accident might have avoided by the reasonable act of Rebecca. Therefore, she is equally liable. Therefore, Rebecca should not sue Michelle for negligence. References Australian Law Reform Commission, 2016. 16. Authorising what would otherwise be a Tort. [Online] Available at: https://www.alrc.gov.au/publications/right-sue-tort [Accessed 9 September 2016]. International Law Office, 2001. Contributory Negligence no Longer a Winning Defence. [Online] Available at: https://www.internationallawoffice.com/Newsletters/Litigation/Australia/Clayton-Utz/Contributory-Negligence-no-Longer-a-Winning-Defence [Accessed 9 September 2016]. Lawstuff, 2015. Being Sued. [Online] Available at: https://www.lawstuff.org.au/sa_law/topics/being-sued [Accessed 9 September 2016]. Legal Aid , 2015. Negligence. [Online] Available at: https://www.legalaid.wa.gov.au/InformationAboutTheLaw/BirthLifeandDeath/Personalinjury/Pages/Negligence.aspx [Accessed 9 September 2016]. Legal Services Commission , 2013. Negligence. [Online] Available at: https://www.lawhandbook.sa.gov.au/ch01s05.php [Accessed September 2016]. Legal Services Commission, 2013. What is negligence? [Online] Available at: https://www.lawhandbook.sa.gov.au/ch29s05s01.php [Accessed 10 September 2016]. RMIT University, 2004. Explanation of negligence concept map. [Online] Available at: https://www.dlsweb.rmit.edu.au/lsu/content/d_bus/law/business_negligence/concept/explanation.html [Accessed 10 September 2016]. Trindade, F.A., Cane, P. Lunney, M., 2007. The Law of Torts in Australia. Oxford University Press.
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