Tuesday, June 9, 2020
Sneak Peak: PQs Best Undergraduate B-Schools by: Nathan Allen on December 04, 2018 | 0 Comments Comments 3,813 Views December 4, 2018For the third straight year,Ã PoetsQuants will publish its annual ranking of the Best Undergraduate Business Schools. This year, a total 0f 88 schools will be ranked Ã¢â¬â more than any previous year. The rankings will be published in entirety next Wednesday morning (December 12) at midnight Eastern Time.In addition to the rankings, in-depth profiles on all 88 schools to be ranked as well as five schools that submitted school survey data but did not meet the minimum alumni response rate to be included. A wealth of proprietary data based on the school and alumni surveys Ã¢â¬â including average SAT scores, employment data, acceptance rates, and average high school GPAs Ã¢â¬â will also be published.As always,Ã PQ will make available all the data used in its ranking as well as additional information such as the schools schools enrolling th e most U.S. minorities, international students, and first-generation college students. After the rankings go live, a series of stories will explore which schools leave students in the most debt and which ones offer the most generous scholarship grants.FOUR NEW SCHOOLS WILL BE IN THIS YEARS TOP TENLast year, the University of Pennsylvanias Wharton School topped the list. Wharton was followed by Washington University in St. Louis Olin Business School, the University of Virginia McIntire School of Commerce, the University of Notre Dame Mendoza School of Business, and Georgetown Universitys McDonough School of Business, respectively.Ã This years list features four new schools in the top ten. One school Ã¢â¬â Boston Colleges Carroll School of Management Ã¢â¬â is being ranked for the first time and debuted in the top ten.Ã (see the 2017 rankings here).PoetsQuantsÃ Best Undergraduate Business Schools ranking is based on three key categories Ã¢â¬â admissions standards, the co llege experience, and career outcomes. Each category is weighted equally in the methodology (see How We Crunched The Numbers).Ã This year, just as we did in the previous two years, admissions standards are broken down by business school acceptance rates (30%), average SATs (35%), and percentage of students graduating in the top 10% of their high school class (35%).The college and business school experience is based entirely on responses to our extensive alumni survey. This year, however, we included results from last years survey to increase the sample size and boost the statistical validity of the results. Alumni results from this year were weighted 75%, while last years were given the remaining 25% weight. That was the only significant change in our methodology this year.BUSINESS REMAINS THE MOST POPULAR UNDERGRADUATE MAJOR IN THE U.S.The final third of the ranking is determined by career outcomes. The percentage of students with full-time employment within three months of gradu ation is given a 50% weight, while annual salary and signing bonus average is given a 30% weight and the percentage of students completing a business-related internship before graduation is weighted 20%.Business still remains the most popular major in the U.S. According to the most recent data (updated last March) from the National Center for Education Statistics, 372,000 business degrees were awarded during the 2015-2016 academic year. The next highest category was health professions and related categories, which awarded 229,000 during the same academic year.Of course, no ranking is perfect and a college decision should not be made on a ranking alone.Ã PQ publishes a wealth of data-based insights on the schools Ã and in-depth school profiles so readers may use this information as a launching place to explore and target their best choices for a quality business education. When the rankings are published next week, take the time to go through the stories and data to begin or aid the college search.THESE SCHOOLS WILL BE ON THE TOP TEN NEXT WEEKIn no order, here are this years top ten schoolsBoston College Carroll School of ManagementUniversity of California-Berkeley Haas School of BusinessCornell University Dyson School of Applied Economics and ManagementUniversity of Michigan Ross School of BusinessUniversity of Pennsylvania Wharton SchoolUniversity of Texas-Austin McCombs School of BusinessWashington University in St. Louis Olin Business SchoolUniversity of Virginia McIntire School of CommerceNew York University Stern School of BusinessVillanova University School of BusinessDONT MISS: BUSINESS SCHOOLS WITH THE BEST UNDERGRADUATE FINANCE PROGRAMS or 10 UNDERGRADUATE BUSINESS SCHOOLS TO WATCH IN 2018 Page 1 of 11
Sunday, May 17, 2020
Philosophy is one of the most interesting subject. Many people assume and confuse it with psychology. Philosophy is completely different from psychology. Psychology is how a person feels about a topic, while philosophy is how you ought to feel about the topic. The purpose of philosophy is to understand an argument, not emotional, but logically. Only by truly understanding an argument, one can improve his/her thinking. Within philosophy, there are many ethical theories. Such theories include: the Divine Command Theory, Hedonism, Desire Theory, Ethical Relativism, and much more. In this term paper, I will discuss which theory I believe is the strongest and which theory I believe is the weakest. Regardless, there is no perfect theory. Each theory is without flaws. I believe act-utilitarianism is the strongest ethical theory presented in class. Act-utilitarianism is when, according to Russ Shafer-Landau, Ã¢â¬Å"acts are right just because they maximize the overall amount of well-being in the worldÃ¢â¬ . On the other hand, actions are wrong if they do not maximize the overall amount of well-being in the world. Because the main concept of utilitarianism is to improve the overall well-being, that concept determines which actions are considered right or wrong. Act-utilitarianism is a part of a family of theories that are similar to consequentialism and utilitarianism (neither act nor rule utilitarianism). This family of theories are all similar in a way that the main idea is to improve andShow MoreRelatedPsychology And The Human Soul998 Words Ã |Ã 4 Pages1. Psychology exists in several different forms. Name and briefly describe them. Also, give an example of each. Psychology is known for studying the behavior and mind; trying to understand the human mind in its conscious and unconscious state. The thoughts in our conscious not only affect our behavior but it allows or prohibits certain actions; for example, a person who has an emotional attraction to someone is less likely to lie to them. However, theyÃ¢â¬â¢re three noted forms in psychology suchRead MoreRationalism vs. Empiricism Essay1573 Words Ã |Ã 7 Pagesincluding knowledge. While the debate between the rationalist and empiricist schools did not have any relationship to the study of psychology at the time, it has contributed greatly to facilitating the possibility of establishing the discipline of Psychology. This essay will describe the empiricist and rationalist debate, and will relate this debate to the history of psychology. The debate between rationalist and empiricist philosophers looks at the nature of knowledge, and specifically, how we gainRead MoreI Believe Act Utilitarianism Is The Strongest Ethical Theory958 Words Ã |Ã 4 PagesPhilosophy is one of the most interesting subjects. Many people assume and confuse it with psychology. Philosophy is completely different from psychology. Psychology is how a person feels about a topic, while philosophy is how you ought to feel about the topic. The purpose of philosophy is to understand an argument, not emotional, but logically. Only by truly understanding an argument, one can improve his/her thinking. Within philosophy, there are many ethical theories. Such theories include: theRead MoreWomen Contribution to Psychology1633 Words Ã |Ã 7 PagesWomen Contributions to Psychology Jovon Sutphin PSY/310 8 March 2013 Brandi Reynolds Abstract The essay is written about Margaret Flow Washburn. The essay speaks of her background from her early teenage years and progressing through her career as a psychologist, her battles of a womanRead MoreThe Soul And Consciousness Of Revolutionary Politics1482 Words Ã |Ã 6 Pages(ideology) 6 V Psychology of Political Duty and Freedom 7 VI Conclusion 7 VII Bibliography 8 I In this short paper I will be comparing and contrasting the political psychology of PlatoÃ¢â¬â¢s Republic and Karl MarxÃ¢â¬â¢s political theory. Their concepts of group consciousness will be contrasted as well as how the nature and existence of ideology affect their theories. This will be concluded by a discussion on how the understanding of political psychology contributesRead MorePsychological Perspectives Of Human Behavior1542 Words Ã |Ã 7 Pagesone another. A brief description on psychology will occur, and there will also be a short summarisation on some key early influences of psychology, from its origins in philosophy. Psychology is a scientific application of behaviourism. It evolved from three key areas of research, philosophy, biology and physics. In 1879 a man named Wilhelm Wundt created the first laboratory with the sole purpose of researching psychological matters, during this time psychology as a self-conscious field of experimentRead MoreAnalysis Of Emporia State University s Masters Degree873 Words Ã |Ã 4 Pageslong-term goals as a professional. The ultimate goal of any strong curriculum is to outline what the student should know and be able to do. Curriculum is built on four major foundations: history, philosophy, psychology, and sociology. Historical foundations of curriculum are important as we often learn from where we have been and focus on where we are growing by analyzing past journeys. We must be cautious to study the history so that we do not make the same mistakes as in the past. Furthermore,Read MoreSociological Approach to the Study of Religion689 Words Ã |Ã 3 PagesIncluded among these approaches are social scientific approaches such as the anthropology of religion and the psychology of religion, and normative approaches such as the theology of religion and the philosophy of religion. There is also the sociological approach to the study of religion which is distinctive in that the goal of the sociologist is to gain an understanding of religion from a completely objective standpoint with no regard to the validity of any particular religion. One of the best and mostRead MoreLessons From Tuesdays With Morrie. To Be Happy In Life,1196 Words Ã |Ã 5 PagesLessons from Tuesdays With Morrie To be happy in life, live the way you want, with dignity, courage, humor, and composure. In Ã¢â¬Å"Tuesdays With MorrieÃ¢â¬ Professor Morris Ã¢â¬Å"MorrieÃ¢â¬ Schwartz taught that lesson every single day of his life up until his death. Even the threat of death does not mean that you stop living with compassion, love, and energy. MorrieÃ¢â¬â¢s story and the way he taught Mitch is a perfect example of psychology in real life, taught by two people who are very talented in the subject of sociologyRead MoreThe Impact Of Philosophy Of Education On The Changing Nature Of Philosophy Essay1587 Words Ã |Ã 7 PagesIMPACT OF HISTORY OF PHILOSOPHY OF EDUCATION ON THE CHANGING NATURE OF PHILOSOPHY OF EDUCATION Philosophy of education is nothing to do with the various parts or streams of education it seems to deal with the sociological and evolutionary and historical base of education. Its Ã¢â¬Ëwhat ought to beÃ¢â¬â¢ not what should happen or the result of what has already taking place or happened in the field of education. It analysis the various themes related to education like the teacher centred approach, indoctrination
Wednesday, May 6, 2020
Marketing Project Introduction nbsp;nbsp;nbsp;nbsp;nbsp;In the ever changing technological era of the soon to be 21st century, electronic advancements have amazed us all. Unfortunately, the educational gap for the common man/woman as a computer end user has left many far behind. There are those who know and those who dont. This gap is the anchor of the computer industry. One question comes to mind. quot;Why would I buy a computer, investing thousands of dollars, when I dont know the first thing about them?quot; If it were as easy as plugging it in and it guiding you through every nook and cranny answering every question you had, then the computer would basically sell itself. However, the shortcomings of thisÃ¢â¬ ¦show more contentÃ¢â¬ ¦If someone who has no idea how to use a computer needs help, this could get quite costly. nbsp;nbsp;nbsp;nbsp;nbsp;My business would deal more on the novice level. From how to turn on your computer to more advanced applications. I plan to gear my service toward the person who has a simple problem, to the more learned computer user, and will call on my service without hesitation. My goal would be to make the customer feel comfortable no matter how insignificant the case. This is what would separate my business from the others. Pricing Strategy nbsp;nbsp;nbsp;nbsp;nbsp;I would be most likely accepted in the market in a penetration pricing strategy. First, my overhead would be minimal so cost of my service would best serve the public at a low start up price. Second, not many are willing to open their pocket books too wide after theyve already made a major purchase. However, since my service could be considered a short term service with a high turnover, a month to month contract or a choice of extensions to this contract for additional fees would go like this: $25 for the first month up to 25 calls $45 for two months up to 50 calls $70 for three months up to 75 calls $125 for six months unlimited calls $200 for 1 year unlimited calls all emergency home visits would be a $20 charge An important note: These would be the promotional prices in the IntroductoryShow MoreRelatedAzalea Project Marketing1003 Words Ã |Ã 5 PagesFoundations of Marketing Azalea Project 1. What do you see as AzaleaÃ¢â¬â¢s most pressing marketing problem? Does it lie in their product, price, place, or promotion or some combination of 2 or more of these? Be specific in your answer. The most pressing marketing problems are: Ã¢â¬ ¢ Commitment to the overall goals allowing the appropriate marketing strategy to be devised and implemented. Ã¢â¬ ¢ Location and facility- Does not promote confidence in the ability for Azalea to be able to deliver on promises Read MoreMarketing Research Project4579 Words Ã |Ã 19 PagesA MARKETING RESEARCH PROJECT REPORT ON Ã¢â¬Å"RETAIL MARKETING-MALL MANIAÃ¢â¬ UNDER THE GUIDANCE OF Mr. S. K. PANDEY (FACULTY OF M.R.) SUBMITTED TO: SUBMITTED BY: Dr. D. K. Garg Shweta Bansal Chairman Enr. No. 12067 IIMT, Greater Noida Barsha Mahanta Read MorePringles Marketing Project3979 Words Ã |Ã 16 PagesCollage . As part of my Marketing Practice Module I am required to select a product and analyse the Marketing Mix in relation to the product. The product I have selected is Pringles. I chose to do my project on Pringles as they have a very interesting packaging design and they are one of the leading providers of potatoes crisps. Firstly I will present an overview of Pringles then I will examine the Marketing Mix used by Pringles. There are four elements of the Marketing Mix, these are, ProductRead MoreMarketing Proposal Project5597 Words Ã |Ã 23 PagesVerizon Project Proposal Child Alert MKT421 Verizon- in General From the Verizon web page, Verizon CommunicationsÃâ¦. is one of the world s leading providers of high-growth communications services. Verizon companies are the largest providers of wire line and wireless communications in the United States, with nearly 135 million access line equivalents and over 30 million wireless customers. Verizon is also the world s largest provider of print and online directory information. A FortuneRead MoreEssay Marketing Project3910 Words Ã |Ã 16 PagesMP-APPENDIX B STUDENT MARKETING PLAN FOR Ã¢â¬Å"CYNOSUREÃ¢â¬ A Marketing Plan Presented by: Sepideh Bayani Table of Contents Page 1. Background 1 2. Strategic Focus and Plan 1 Mission Statement 1 Goals 1 Competitive Advantage 2 3. Situation Analysis 2 SWOT Analysis 2 Competitor Analysis 3 Company Analysis 3 Customer Analysis 4 Customer Analysis 4 4. Market-Product Focus 4 Marketing and Product Objectives 4 Market-Product Grid 5 Read MoreMarketing Mini-Project1204 Words Ã |Ã 5 PagesCategory: Woman or manÃ ¡Ã ¦s shoes Three Stores: Aldo, Payless Shoes, SportÃ ¡Ã ¦s Check, Observations We pick three different stores that have different characteristics throughout the store decoration, sales, and the style of the shoes that each of the store carries. The stores are Aldo, payless shoes, and sportÃ ¡Ã ¦s check. Aldo carries fashion shoes which attract people who are more considering about the look of themselves. Payless Shoes has different brand of shoes and style with lower priceRead MoreMarketing Project (Jeans)2607 Words Ã |Ã 11 Pagescan be place in the store front windows for potential customers to see as they are walking by. Conclusion Even though Paige Premium Denim has only been established in the jean market for a short while, it is predominately noticeable that the marketing mix used to promote such a unique product is well defined and working toward a mainstream customer base. As wide spread as the jean market is, Paige Premium Denim is certainly one that keeps the customer in mind during the creation process. SheRead MoreEssay on Marketing Project2410 Words Ã |Ã 10 Pagesin an advancing industry * Communication mechanism is fragmented After evaluation of the alternative courses WICS has for consideration, recommendations to address and rectify each issue were chosen. Through assigning specific tasks to the marketing department and enabling a communication mechanism along the personnel chain, objectives and opportunities can be shared. By making strategic role changes to the territorial and area managers, redundancies can be eliminated and the goal of developingRead MoreMarketing Project. on Symphony1800 Words Ã |Ã 8 PagesBRANDING STRATEGIES OF [pic] MOBILE PHONE IN BANGLADESH [pic] [pic] Introduction Marketing strategy of a company in a new country plays a vital role in determining its future in that country. SYMPHONY, a Chinese origin mobile phone which entered Bangladesh market in the year 2008 focused to capture the market with its low pricing; exclusive features and designs challenging the renowned existing brands that took hold of a large market shareRead MoreApple Marketing Project2696 Words Ã |Ã 11 PagesTITLE: The impact of Apple products in the electronic business market and what makes them more superior from their competitors? The role of marketing management to target the consumers, critically analyse? Introduction: To begin with, the investigation will be made in this research to know about the product which produced from Apple in e- business market and how well they create an environment to make their products more superior from their competing rivalries. The reason behind selecting this
Question: Evaluate whether Parliament is sovereign, giving consideration to judicial power and the effect of the European Convention on Human Rights (ECHR) on the law of England and Wales. Answer: Introduction The Doctrine of Parliamentary Sovereignty is ingrained in the British Constitution; however, this is no longer absolute as the concept is evolving. Historically, parliamentary sovereignty was held above all else with the exception of the Doctrine of Implied Repeal as exemplified in Vauxhall Estates v Liverpool Corporation where a future legislative assembly could not be bound by a sitting one through statute. Consequently, it is a logical assumption is that the judiciary cannot challenge the sovereignty of parliament as it has unlimited legislative powers superseding the courts. In exercise of their judicial powers, courts have elicited great discourse on the impact of the Human Rights Act 1998 (HRA) and the European Convention on Human Rights (ECHR) on the parliaments supremacy. It is, therefore, important to evaluate the evolution of this doctrine considering the concepts of judicial power and judicial review as per the provisions of the HRA 1998 and the ECHR. Parliamentary Sovereignty and HRA Act 1998 In theory, judicial power is defined as the authority exercised by an arm of government to hear, determine and make judgements. Judges exercise their legislative power when they interpret statutes without any reference to members of parliament. In the UK, sections 2 and 3(1) of the HRA 1998 give the judiciary interpretive powers on Conventional Rights and primary legislation in relation to these rights. All UK law is subject to interpretation in a manner that is compatible with the 1998 Act. This leaves the power to enforce human rights with the judiciary; an increase in the courts powers at the expense of parliament. There is a variance of opinion on the effect of the expansion of the courts judicial powers on parliamentary sovereignty. In R (Jackson) v Attorney General, Lady Hale stated that by enacting the 1998 Act parliament had limited its own powers. This is because the provisions of the HRA 1998 provide judges with the obligation to surpass conventional domestic law while performing their interpretive duty. It is important to note that the effectiveness of courts depends on the willingness of other arms of government to abide by their decisions. In as much as courts are encouraged to be more radical in their interpretation, they can only do so within the current limits of law. In re (S) (Care Order: Implementation of Care Plan), the court held that the HRA 1998 aims to protect sovereignty and as such the previous courts ruling had unjustifiably exceeded its interpretive mandate and was instead altering law under the guise of interpretation. Courts have the power, under judicial review, to assess the action of other government branches so as to determine their legality and constitutionality.A victim of a decision, action or omission of a public authority can apply to the High Court to provide a remedy where the authority is found to have acted unlawfully. This power is provided under section 6 of the HRA 1998 that forbids any public authority from executing its mandate in contradiction to the rights. A body is subject to judicial review in respect to its public functions regardless of whether it is statutory or not. In R v Panel on Takeovers and Mergers a non-statutory organisation was held as susceptible to judicial review as it was exercising public functions. Traditionally, the standard for judicial review under the HRA 1998 was the irrationality test set out in the Wednesbury case by Lord Greene where the rationale of decisions was tested against the reasoning and moral standing of any logical man . The HRA 1998 has given courts new powers of judicial review that enable them to challenge the decisions and actions of the government in human rights terms. Parliament decisions can now be challenged thus creating a limit on parliamentary sovereignty. In order to preserve this sovereignty, the declaration of incompatibility was created under section 4 of the 1998 Act to ensure that where an incompatibility arises parliament still gets the final say on how to address it. As illustrated in the R (Anderson)  where the Home Secretarys powers remained lawful and in force, despite being rendered incompatible to the HRA 1998, until a new statute was enacted; declaration of incompatibility does not invalidate statute. Parliamentary Sovereignty and the ECHR When the court at Strasbourg rules in a case, articles 1 and 46(1) of the ECHR expect that the state in question takes the necessary legal initiative to ensure that any issues raised are addressed accordingly. This constitutes the extent to which judges can make law under the Convention. The Convention has been interpreted as a living instrument a claim which Lord Judge stated meant that courts could legislate on issues which previously were under parliaments jurisdiction. He believed that members of parliament should have ultimate supremacy over unelected judges of any jurisdiction unless they chose to surrender such supremacy. With regard to their interpretive duty, Lord Bingham in Ullah v Special Adjudicator summarised the mandate of domestic courts as merely to keep up with the evolution of jurisprudence at the international court. This mirror principle has however been contested by Lord Irvine who believes that UK judges should not be restricted to the bare m inimum requirement in adjudging cases as stipulated in Ullah but should critically analyse the cases themselves. Internationally, parliamentary supremacy is challenged by the courts power of judicial review. The standard for judicial review compatible with the ECHR is that of proportionality. Unlike the irrationality test, the onus probandi lies with the legislator rather than the victim. In R (Daly) v Secretary for the Home Department the House of Lords endorsed proportionality as the authoritative measure of review in human rights cases as it provided a stricter and more definite assessment. According to Dr Pinto-Duschinsky, the expansion jurisdiction of the European Court of Human Rights (ECtHR) has created a democratic inadequacy that can be corrected by introducing an override, as is present in the HRA 1998, where the back still lies with parliament. Conventions rights are protected under natural law which is supported by the government. However, this does not empower parliament to nullify human rights. The power of judicial review is vested in the Strasbourg co urt to ensure justice prevails as even democratically elected governments could be guilty of the gravest crimes. Abnegation by parliament to adhere to the Courts decisions on any matters to which it is a party would only serve to challenge the UKs international standing. Conclusion The HRA 1998 upholds parliamentary sovereignty as it denies UK courts powers to veto statute. The Act contains a number of provisions to protect parliamentary sovereignty the most significant being that parliament still has a say on whether to repeal or amend the law which the judiciary advises as incompatible. However, the orthodox standing on Parliamentary Sovereignty has evolved due to the expansion of powers in the judicial arm of government. These expansions serve to check and balance the parliamentary supremacy with respect to the Doctrine of Separation of Powers. Parliament is, therefore, sovereign but only to the extent in which its decisions are compatible with Conventional and Human Rights. References BBC, European Court of Human Rights Risk to UK Sovereignty BBC News (United Kingdom, 28 December 2013) www.bbc.com/news/uk-politics-25535327 accessed 29 August 2016 Bellamy B, Political Constitutionalism and the Human Rights Act (2011) 9 (1) ICON https://icon.oxfordjournals.org/content/9/1/86.full accessed 29 August 2016 Draft Voting Eligibility (Prisoners) HL Bill (2013-14) 13 www.publications.parliament.uk/pa/jt201314/jtselect/jtdraftvoting/103/10307.htm accessed 29 August 2016 Elliot M, The Three Dimensions of the Relationship between UK Law and the ECHR (Public Law for Everyone, 5 December 2013) https://publiclawforeveryone.com/2013/12/05/the-three-dimensions-of-the-relationship-between-uk-law-and-the-echr/ accessed 29 August 2016 Fenwick H, Phillipson G and Masterman R (eds), Judicial Reasoning under the UK Human Rights Act (CUP 2007) https://books.google.co.ke/books?id=7bQakM9B7TYCprintsec=frontcover#v=onepageqf=false accessed 29 August 2016 Gardner C, Lord Irvine: British Judges Should Decide Human Rights Cases for Themselves (Head of Legal, 14 December 2011) www.headoflegal.com/2011/12/14/lord-irvine-british-judges-should-decide-human-rights-cases-for-themselves/ accessed 29 August 2016 Gordon R and Ward T, Judicial Review and the Human Rights Act (Routledge 2013) Horne A and Miller V, Parliamentary Sovereignty and the European Convention on Human Rights ( House of Commons Library, 6 November 2014) https://commonslibraryblog.com/2014/11/06/parliamentary-sovereignty-and-the-european-convention-on-human-rights/ accessed 29 August 2016 Howard E, Is Parliamentary Sovereignty Now at Threat from the Judiciary? (2014) 1(1) The Undergraduate https://www.theundergraduateexeter.com/2014/03/human-rights-act-1998-parliamentary-sovereignty-judiciary/ accessed 29 August 2016 Kavanagh A, Statutory Interpretation and Human Rights after Anderson: A More Contextual Approach (2004) Public Law 540 Masterman R, The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the UK (CUP 2010) Thomas Raine, Judicial Review Under the Human Rights Act: A Culture of Justification (2013) 1 NELR 90 https://research.ncl.ac.uk/media/sites/researchwebsites/northeastlawreview/Thomas%20Raine.pdf accessed 29 August 2016 Andy Williams, UK Government Politics (Heinemann 1998) https://books.google.co.ke/books?id=6keDJpK0xL8Cprintsec=frontcover#v=onepageqf=false accessed 29 August 2016 -- How the Human Rights Act works (Liberty) www.liberty-human-rights.org.uk/human-rights/what-are-human-rights/human-rights-act/how-human-rights-act-works accessed 29 August 2016
Tuesday, April 21, 2020
Abstract The debate surrounding the justification of deaths of innocent people caused by warring soldiers during war is a complicated issue to deal with. For fear of being attacked by disguised enemies, soldiers have ended up killing innocent civilians including older men, women, and children. While some people have argued that this may be acceptable, others think otherwise.Advertising We will write a custom essay sample on Killing the Innocence in War, Justified or Murder? specifically for you for only $16.05 $11/page Learn More To a large extent, this is linked to the belief that human beings are mostly reasonable. Generally, killing of civilians during war time is regarded as a serious offence that should be dealt with carefully if the innocent have to receive protection. On the other hand, however, it is possible for warring soldiers to find themselves in difficult situations requiring them to act fast to protect themselves from attackers unknown to them. This is especially true whenever a soldier is fighting on the enemyÃ¢â¬â¢s soil. While it is ordinarily believed that most civilians especially women and children are the innocent ones, there are instances where they have been used by soldiers to ferry dangerous weapons to be used against the opponents. This has led to situations where a soldier ignores the fact a civilian may be innocent and goes ahead to kill in self defense. This is based on the fact that it may be difficult to determine the innocence of the civilian. To be on the safe side, soldiers generally regard every person as a potential threat. Introduction The appeal to what would cause outrage in the general sentiments of humanity is a common way to think about the elements of normal moral perception of which each person is thought to be capable. Certain things are thought to be so heinous that any person would be outraged when perceiving them. The killing of civilians during war time is one of the commonly cite d examples of this kind of monstrous act (May, 2005). But consider, for a moment, the conditions of war fare when one is acting in enemy territory. In some war time situations, every person, soldier or civilian, is a potential threat. If the civilians seem to be unarmed, and the soldiers are armed, then the idea of the civilians as potential threats is only partially blunted, because the soldiers often do not know which civilians are members of the enemy forces.Advertising Looking for essay on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Arguments for and Against Killing the Innocent in War It is clearly an outrage against the sentiments of humanity for soldiers to kill civilian men, women, and children? Initially, it seems that the answer would be clearly yes, as was held by the American military tribunal that convicted Lieutenant Calley. The shooting of seemingly unarmed civilians, especially children, at point blank range, appea red to be morally outrageous. Virtually, all societies have had strong moral prohibitions against the taking of innocent life (McMahan, 2009). The standard morally acceptable bases for justified killings, whether in self defense or in defense of others, can not be seen to justify killing those who do not have the capacity to harm or kill a well armed, typically male, adult soldier. Ordinarily, soldiers are trained to kill. When soldiers follow their training, and kill, it is not as much of an outrage as it would be for a non soldier to engage in such killing. But when a soldier or non soldier kills an innocent person, especially a child, this is considered to be enough of an outrage to our civilized instincts to think that it should be heavily sanctioned so as to prevent future acts of this sort at almost any cost (Buhk, 2012). In My Lai massacre, it is uncontested that Lieutenant Calley and his men killed more than 100 unarmed civilian men, women, and children. However, as one read s through the various court opinions in the case, there is quite a lot of disagreement of how best to characterize these killings. As pointed out earlier, the military tribunal found Calley guilty of war crimes, and the Court of Military Review upheld the conviction. But the first civilian court to consider the case took a very different position. Here is how the U.S. District Court characterized some of the facts: The petitioner was 25 years of age and had been an enlisted man for approximately 14 years. The petitionerÃ¢â¬â¢s first assignment in Vietnam was at Doc Pho. This was the first indoctrination about the character of the potential enemy. He was told that women were as dangerous as men, and that children were even more dangerous because they were unsuspected. He was also informed that women were frequently better shots than the men and that the children were used to plant mines and booby traps. During CalleyÃ¢â¬â¢s earlier limited missions, the unit was continually subje ct to fire from unknown and unseen individuals.Advertising We will write a custom essay sample on Killing the Innocence in War, Justified or Murder? specifically for you for only $16.05 $11/page Learn More A number of men in the company had been killed or wounded and prior to the operation at My Lai, they had never seen the persons responsible for the death or injuries of their buddies. Consequently, the formed the opinion that civilians were in part responsible. When Calley was supposedly to go to My Lai and kill everyone there, his background assumption seems to have been that all the people in the village, including men, women, and children, were enemies and potential threats. The U.S. District Court, therefore, granted CalleyÃ¢â¬â¢s petition for habeas corpus relief in part because of how it understood the facts. On the other hand, the U.S. Court of Appeals for the Fifth Circuit reversed the U.S. District, also at least in part because of its very different construal of the factual record. In reversing the U.S. District Court, the Circuit Court of Appeals seemed to see the My Lai incident as nothing other than a slaughter of unarmed, unresisting old men, women, and children. What complicated the picture in My Lai was that the distinction between civilian and combatant had become blurred, with even fairly small children being used to transport weapons. So while there may be strong sentiments against the killing of civilians, especially children, there was a possible defense in the case of My Lai that might have been an exception to the moral judgment about what was normally acceptable or appropriate behavior. For there was reason, according to the US District Court, to believe that some civilians, and even some children, could be trying to inflict injury or death on the American soldiers in this Vietnamese hamlet.Advertising Looking for essay on ethics? Let's see if we can help you! Get your first paper with 15% OFF Learn More At CalleyÃ¢â¬â¢s military trial, and also in the US Circuit Court of Appeals, such reasons were indeed considered and rejected, after much discussion and debate. However, the US District Court seemed to believe that some of the civilians who were killed might have been thought to be threats to the soldiers in Lieutenant CalleyÃ¢â¬â¢s unit. In retrospect, it seems that the District Court opinion was seriously flawed. For even if Calley had feared that the civilians in the My Lai hamlet might be enemy soldiers in disguise, they gave no indication that they were armed or that they were posing an immediate threat to Calley and his men. According to McMahan (2009), the moralized notion of a combatant as anyone who poses a threat in war is different from the legal notion. In law, combatant status is accorded to persons who satisfy certain criteria, such as disguising themselves visibly at a distance by some conventional sign, carrying their arms openly, subordinating themselves to a h ierarchy of authority and command, and obeying the laws of war. Failure to satisfy such criteria can result in the forfeiture of combatant status under the law. While combatants in this legal sense are all presumed to pose a threat, not all of those who pose a threat in war are combatants in this sense. While all those who pose a threat in war are combatants in the moral sense, a major problem in war theory is that there are many people who pose a threat in war who would not be considered combatants by anyone (McMahan, 2009). In partial defense of the District Court, I would point out that we do not always require soldiers to prove that enemy soldiers pose an immediate threat before it is considered justifiable to kill them. It may be too late by the time it discovered that suspected enemy soldiers are concealing not only their identities but also their weapons. The point here is not to argue that Calley should have been relieved of responsibility, but only to indicate that even in this seemingly clear case, two courts came to different conclusions about how to regard the My Lai massacre based on how they reconstructed the threat faced by Calley and his men in Vietnam. This discussion does not call into question the normal sentiment that innocent life should be preserved. Rather, what is uncertain is the very judgment that a certain adult or even a child is to be seen as an innocent person. And yet it is this judgment, really a matter of moral perception, which is crucial to the determination of whether it was indeed an outrage for Lieutenant CalleyÃ¢â¬â¢s unit to kill civilians in the hamlet of My Lai in Vietnam. Defenses against Killing In the US tort law, one way to make sense of whether one is liable for a given harm that he or she did not intend to cause is to ask whether one violated a duty of care owed to the person armed (May, 2005). To ascertain if one had such a duty, one looks, among other things, at what the burden would have been to the agent if he or she had conformed to the duty. If the crucial issue before us concerns the possible culpable ignorance or moral negligence of soldiers, then the tort analysis of duty and negligence becomes relevant. What makes many battlefield situations so tragic is that the cost of acting with due care toward civilians is often that the soldiers risk death to themselves. In non battlefield situations, one is hardly ever faced with imminent death if he or she exercises due care towards others in his or her life. It is for this reason that the superior orders defense shows up most commonly in the battlefield situations, and not very often off the battlefield. It may be helpful to think of conspiracy as a model of most types of shared or collective responsibility. If Susan, Smith, and Alex recruit Peter to drive a gateway car in a bank robbery scheme cooked up by Susan, then it makes sense to think of all four as collectively responsible for the resulting bank robbery. This is especially appa rent if Peter is paid well for his contribution and understands perfectly, how her contribution to this joint venture will aid in its successful completion. The driver, Peter, is a cog in a machine like enterprise that will make the robbery possible in ways that would not be true if any of the four people involved were acting on their own or in only a loosely connected manner. For this reason, they are collectively responsible for the results of their joint undertaking. Their individual responsibility will depend on the role that each plays in the joint venture. Suppose that while Peter is driving away from the scene of the crime pedestrian steps off a curb in the path of the gangÃ¢â¬â¢s fleeing car. Peter, generally a compassionate person begins to apply the brake, but Susan, the insensitive ring leader puts a gun to PeterÃ¢â¬â¢s head and urges him to drive on to avoid being court. Should Peter be held responsible for the injuries of the pedestrian as well as for the robbery? O n the assumption that one held a gun to PeterÃ¢â¬â¢s head to get him to join the conspiracy in the first place, Peter seems to be in a different moral position with respect to the pedestrianÃ¢â¬â¢s injuries than with respect to the robbery itself. Certainly, Peter appeared to have a choice of whether to join the robbery conspiracy, but not much of a choice about whether to run down the pedestrian. Was it a moral choice of Peter to ignore the order given by Susan? There are many parallel cases in international law, such as when a soldier or subordinate feels that his or her life is threatened if he or she does not follow orders. The same consideration should be operative, making us reluctant to say that in such situations, there is a moral choice available to the soldier (Kurtz Turpin, 1999). In cases of collective guilt, subtleties of context are still relevant in determining how to apportion blame to the members of the group, especially concerning legal blame and guilt (Buhk, 2012). It is, however, important to place the reasonable person standard into the specific context that the actual person was faced with. In order to do this, it is often necessary to bring in some of the beliefs of the actual person in considering what a reasonable person would have done. On the other hand, battlefield situations are so abnormal that it will often be hard to merely drop a reasonable person into a situation without taking into account how the actual person in question reacted to the situation. On several occasions, war crime tribunals have had to decide what price is too high to pay in order to expect people to reasonably exercise due care not to injure one another. In the case of Lieutenant Calley, it may be true that he and his soldiers feared for their own lives if they did not do what they thought they had been legitimately ordered to do. In CalleyÃ¢â¬â¢s case, he never claimed that someone literally had a gun to his head, forcing him to shoot the civilians. I n the same way, his concern that the seemingly innocent civilians might be enemies in disguise was not sufficient to establish the proposition that he had no other moral choice but to follow orders, for it is important to consider what sort of threat those civilians posed. If the killings of the civilians had been clearly and unambiguously wrong, then Calley would have needed a very strong showing that he had no moral choice but to do what was clearly and unambiguously wrong. An important question that to be asked is whether a reasonable person in CalleyÃ¢â¬â¢s situation would believe that these civilians posed a threat to his safety, and that of his troops. If so, then perhaps even moral choice was restricted in this situation. Conclusion Much philosophical discussion about political violence is taken up with argument about whether and to what extent acts of violence can be justified as a means to good ends. According to Kurtz and Turpin (1999), there are limit on what may justif iably be done in pursuit of good or worthy ends. Even though many actions can be justified by their beneficial consequences, some actions are simply wrong in themselves. Some people typically take the view that, other than in circumstances of war, the only acceptable justification for violence is that of self defense or defense of others from wrongful attack. Persons have moral rights not to be wrongfully injured or killed, and consequently, they have rights to defend themselves against wrongful physical attacks. It is also sometimes argued that to violently attack someone who is not engaged in or threatening violence is a kin to punishing an innocent person. Conversely, one who engages in wrongful violence against another may be said to have relinquished his or her normal rights to be attacked. We can only be justified in using as much violence against an attacker, however, as is required to defend ourselves. From the arguments presented in this paper, it is apparent that one of th e tests of whether an act of the defendant violates the requirement by law is if the act shocks the conscience of humanity. In most cases, there is an overlap of the law and morality indicating the relevance of moral matters to questions of whether a crime was committed wrongfully or not. It is, therefore, important for the court to exercise considerable restraint in prosecuting, convicting, and sentencing soldiers for deaths occurring during war. References Buhk, T. T. (2012). True Crime in the Civil War: Cases of Murder, Treason, Counterfeiting, Massacre, Plunder, Abuse. Mechanicsburg, PA: Stackpole Books. Kurtz, L.R. Turpin, J. E. (1999). Encyclopedia of Violence, Peace, and Conflict. Massachusetts: Academic Press. May, L. (2005). Crimes against Humanity: A Normative Account. New York: Cambridge University Press. McMahan, J. (2009). Killing in War. New York: Cambridge University Press. This essay on Killing the Innocence in War, Justified or Murder? was written and submitted by user Jasiah David to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
Monday, March 16, 2020
Mexican War essays The Mexican War by Otis A. Singletary This book by Otis A. Singletary deals with different aspects of the Mexican war. It is a compelling description and concise history of the first successful offensive war in United States military history. The work examines two countries that were unprepared for war. The political intrigues and quarrels in appointing the military commanders, as well as the military operations of the war, are presented and analyzed in detail. The author also analyzes the role that the Mexican War played in bringing on the U.S. Civil War. The Mexican-American War of the 1840s, precipitated by border disputes and the U.S. annexation of Texas, ended with the military occupation of Mexico City by General Winfield Scott. In the subsequent treaty, the United States gained territory that would become California, Nevada, New Mexico, Arizona, Utah, and parts of Wyoming and Colorado. Mr. Singletary has been remarkably successful, despite the brevity of his book, in describing with important details the Mexican War. The book can be break into two main parts. The first part gives background which explains different reasons that played a decisive role for the break out of the war, and it relates the different campaigns that allowed the invasion of northern Mexico and the city of Mexico. The second half of the book deals with the way politician and generals behave during the war, and the book ends touching the role played by diplomacy in this war. The book has been organized in chronological order, which gives to the readers the opportunity to follow the events of the war without confusion. But it is not only a mere account of dates and events, because it explains briefly but concisely every decision making before the occurring of battle. The book uses maps and pictures. Maps and pictures are really helpful in visualizing what is being described, and they allow having and idea of how it was during this war. ...
Friday, February 28, 2020
Use the sources below to extend the paper to a 4-pages research(MLA Style) - Essay Example At Southern most labors the slaves were freed, the following new issues were different with the antebellum U.S. As the winner, the changes between the Northern which promoted the industrial capitalism and the freed slavery south was embedded after the Civil War was ended. The most popular questions were: would the Black people go or stay? Where should the 4 million go or stay? Under the wave of abolishing the slavery, the capitalism creates a special group: The Sharecropper. What influence did sharecropping have, and was it good or bad for the black people? Who started sharecropping? Was the situation the same as the president Lincoln had suggested? What influenced the U.S. and what was different between sharecropping and slavery? My opinion on this is that sharecropping did not change the black peopleÃ¢â¬â¢s situation and it did not lead the African Americans to an economic independence and autonomy fundamentally Ã¢â¬Å"All facts suggest that black sharecropperÃ¢â¬â¢s income was less than white sharecropperÃ¢â¬â¢s income. This is not astonishing given the history of slavery, which was bestowed to the blacksÃ¢â¬ (Federico 261). So, what is sharecropping? Sharecropping is a way of agriculture in which a landowner allows their tenant to utilize their land in return for a split of the crops produced on the land. The tenant signs a contract for such arrangements. Somehow this seemed like freedom for the blacks, but it was not. Ã¢â¬Å"Sharecroppers compensated their lease to the landlord as portions of their crop yield; this gave room for exploitation by the landlordsÃ¢â¬ (Roumasset and James 640). Sharecropping, along with tenant farming, was a dominant form in the cotton and especially in the South from the period between 1870s to the 1950s, among both whites and blacks, but it is largely disappearing since 1966 when Civil Rights and the Workers Union abolished Peonage (Forced Labor). The word,