Legal Environment Essay Example | Topics and Well Written Essays - 1000 words

Legal Environment - Essay Example When multinational companies operate in countries that do not have high standards, they may be in conflict with both the laws of the host and those applied at home, albeit unnoticed. International operations involve objectives to set high standards of services or goods produced while maintaining corporate responsibility. However, conflicts usually arise, as no clear balance can be arrived at. For instance, US companies such as Pepsi, American Standard and Nestle were punished din China for discharging substandard wastewater into rivers in China (Simone, 2000). This is in spite of their knowledge the US law which strictly condemns such acts (Simone, 2000). It can be said that the human resource manager of the companies involved did not measure up to the task of corporate responsibility. Nevertheless, most US companies attract Americans to work in their foreign subsidiaries, which is in line with the Employment laws the US. This is point however deserves some criticism in that the local people of the countries in which US companies operate are denied employment opportunities. From the two points of view above, one can surmise that US multinational corporations enforce US laws when doing is for their benefit. On the other hand, there is a tendency to violate the US laws if it is evident that the host country is not in a position to raise a red flag. Multinational corporations have to deal with th... If the laws are in dissonance then it becomes difficult for a company to have a clear direction on which ones to adopt. It is interesting that most international investments are usually done in developing countries where competition is law and resources are in plenty. However, such countries usually lack unclear laws standards, which make it difficult for them to appraise activities of the companies. The large companies therefore develop a "big boy" syndrome and use their resources to influence the host counties. On the other hand, if the country that the multinational corporation operates in is of equal or near equal status, the conflicts are solved based on sound judgment. For instance, the UK rejected Dasani, a brand of mineral water produced by a US company, coca cola after it was found to contain bromate, a possible carcinogen (LOHAS Journal Weekly). The allegation forced Coca cola to withdraw the brand from UK. Such a conflict illustrates how some countries all over the world may be ignorantly accepting fake or sub standard products. Nevertheless, it is evident that divergence between country laws should not be so wide since some laws are actually modifications of others. In a case such as the one mentioned above, the multinational corporation has no option but to conform to the laws of the country in which it operates. To summarize it all foreign companies have to submit to the laws of the local country or withdraw their operations. My opinion is that a foreign company should not impose new laws to the country in which it operates. Therefore, such conflicts are justified since they aim at maintaining good standards of products, whether produced by local companies or multinational

US History 2 Essay Example | Topics and Well Written Essays - 250 words

US History 2 - Essay Example It is important to note that the anti-federalists argued that the proposed constitution posed several challenges to the government. In this respect, they argued that the proposed constitution would encourage the issue of corruption to the government. Corruption was viewed as a major social vice that would threaten the development of several sectors in government, including the developmental sector, economic, social as well as political sectors among others2. The anti federalists also advocated for a weaker federal government as opposed to stronger state legislatures. This is because most of them argued that a stronger government would most likely infringe on the liberties that Americans had fought for and won in the Revolutionary War. In regards to this, it is important to note that the anti federalists viewed liberty as the specific rights of the people that the government had to respect, protect and encourage. They maintained that the government had to observe, respect as well as protect the Bill of Rights in order to protect that

History of the Rule of Law

History of the Rule of Law Law Society Rule The question of the purpose of the rule of law and how the boundaries should be drawn between moral judgement and the need to maintain a basic level of order within a society has been asked, over the centuries, by many eminent theorists from the legal, political and philosophical world. Several different opinions have emerged with varying degrees of agreement, with the concept that the rule of law is the law and we must obey it, regardless of how unjust the rules may appear. Although the exact meaning of the rule of law has been interpreted in different ways by the various different theorists, the very basic principle that the rule of law means that no individual is above the law seems to hold in all interpretations. In England, the prime example of the rule of law is the Magna Carter in which King John agreed to abide by the feudal laws and the placing of limits on fees relating to feudal land. What is the Rule of Law? Before considering whether or not the rule of law consists merely of a body of rules or whether there is more to the way in which the rule of law is applied, it is first necessary to consider exactly what is meant by the ‘rule of law’. Dicey was not, in fact, responsible for the birth of the rule of law, but was instrumental in bringing it into the public arena for debate and consideration. He contended that the rule of law was made up of three key principles. Firstly, that an individual has the freedom to act in any way he so wishes without punishment provided it is not in breach of any law. This gives supremacy to the rule of law over any other arbitrary act of power that is not backed in law. Secondly, that no one is above the law meaning that every subject, regardless of stature, can be held accountable to the law and punished in the courts of the land. Thirdly, that the rule of law is based on the collective rights of all individuals. Essentially, this means that the courts will enforce individual rights on a collective basis to all subjects within its jurisdiction. This basic concept has been somewhat extended in recent years, most notably by Lord Bingham in his lecture given on 16 November 2006 to Cambridge University where he put forward eight sub-rules that should be seen as part of the overall rule of law. These were that firstly, the law should be available and understandable to all it governs, based on the premise that if someone is to be governed by a law they should be able to understand it fully. Secondly, that when faced with the decision of liability or accountability, the law should be used without so far as is possible the use of discretion. Thirdly, that the law in the way in which it is applied should be equal and universal to all. He did, however, recognise that at times it would be necessary for some individuals to be treated differently. Fourthly, that any law must provide a basic level of protection for all fundamental human rights, to every subject, regardless of circumstances. Fifthly, where there is a civil dispute that cannot be resolved, the parties should have access to cost effective and efficient means of dealing with the dispute. Sixthly, that all members of government or officers of the government should act in good faith when carrying out their law enforcement duties and should not act outside of their individual powers. Seventhly, that any adjudicative process should be fair and transparent in the way it arrives at decisions. Finally, the state has to consider its obligations to international law when complying with any national rule of law. In essence, the rules laid out by L Bingham are not substantially different from those laid out by Dicey; they are merely more detailed regarding the way in which the laws should be applied. This offers greater guidance on the subject of what an individual should do when faced with a seemingly unjust law. It also gives greater insight into the way in which the rule of law should be viewed, generally, and applied in relation to other political, religious and moral frameworks. Application of the Rule of Law Having understood the basic principles of what the rule of law contains, it is then necessary to move forward to consider how this applies and actually works, in practice, in relation to society as a whole. Again, this area has drawn attention from some of the great legal theorists of all time and has, in some cases, been hotly debated. One of the fundamental ideas laid down by Dicey is that the government has no greater authority in terms of the way in which it is viewed in the courts. The rule of law clearly indicates that the government must have restraints and cannot simply act in any arbitrary way that it pleases. This has been borne out in several court cases including the early case of Entick v Carrington where it was held that the warrant a Home Secretary had issued to enter a privately owned property was against the law and, therefore, the government was guilty of trespass. Theorists from the very early stages have recognised that there is a need for some central rule to control all individuals. Not to have any central law would, almost certainly, result in anarchy. In its earliest format, the need for a rule of law was established by Plato and Aristotle where they recognised the need for at least a degree of rule or there would be complete anarchy within society. Without any form of law or rule the stronger and more cunning would effectively make the most of their position by exploiting the weak. It is almost universally accepted that someone needs to take overall control of a way that maintains democracy and prevents the weak from being exploited. For this central control to work, the power needs to be vested in some political and legislative authority. Aristotle, in particular, recognised the importance of the role of this central figure. He debated at length whether this central control should be the rule of law or rule of men. His eventual conclusion was that a rule of law was necessary and that the central figure had to be in the form of some higher governmental authority. He concluded that a rule of law was essential as laws are produced as a result of reason and thought and not based on pure passion. Moreover, having one individual leader can clearly lead to tyranny or self-serving actions. As the rules need to govern every adult individual, each individual should have a say in how these rules are established. Finally, a rotation of those in charge of the rule of law is desirable to ensure equality throughout. For these reasons, Aristotle concluded that a rule of law, operated in a democratic manner, is essential to ensure that rules are consistent and not arbitrary in the way they are both established and maintained. Encroachment on the Rule of Law Despite the universal recognition that the rule of law is both desirable and essential for the effective operation and governance of society, there have been several encroachments on the traditional rule of law. There is a body of thought that suggests the government has made several moves to encroach on the individual’s liberties. One of the most notable of these is the removal of the right to a trial by jury in certain limited circumstances. In doing so, it is argued that the equality and fairness of the system is lost. Individuals are not judged by their peers but are instead dictated to by a higher authority. Another area that has faced criticism is the way in which the secret service operates and, in particular, the Official Secrets Act and related gagging orders that have been put on certain individuals. Clive Ponting, who was a civil servant during the Falklands War, was gagged and prevented from speaking about the activities of the government, during this time. It is argued that this encroachment on individual liberties, to the extent that it is necessary to protect the greater good, should not be seen as a breaking of the overall essence of the rule of law. Although these governmental powers are seen as overpowering the individual’s rights, it is also argued that these encroachments would not in the normal course of daily activities come into contact with these encroachments. Similarly, it is also argued that governmental bodies such as the secret services are overseen by independent bodies and, therefore, are not able to act in a way that is arbitrary or discriminatory. Based on this, it can be concluded that whilst the rule of law is sometimes bent to accommodate the needs of the public as a whole, it cannot be carried out in an arbitrary way. Further, there are checks and balances in place to make sure that no single body exercises too much power over another. The Role of Customs One element of the rule of law which has to be considered when determining how the rules are established and how general customs should be dealt with in the creation of such laws is that of customary practice. This is particularly difficult as customs vary depending on regions, religions and even social classes and are therefore very difficult to control or legislate to take account of. Nevertheless, it should be noted that customs do not create laws, as such; they are simply used by judges when applying the law, which can at times result in an arbitrary application of customs in relation to the rule of law. In order to be recognised as a law, a custom must meet very stringent tests including the fact that it must have existed since ‘time immemorial’, i.e. it must have been in existence since at least 1189 (in accordance with a statute enacted in 1275). The custom must also be certain in terms of scope and application. The case of Wilson v Willes held the customary right to remove as much turf as was necessary from the manor common land. It was held that this custom was not sufficiently certain to be considered a valid law, as it was not clear what limits there were on the amount of turf. Other requirements include the locality of the custom as customs are only ever applied on a local and not national basis. They must have been consistently exercised and exercised as a right rather than an irregular whim. In short, the recognition of a custom as a legal rule is only applied in extreme circumstances and provided that it does not conflict with an existing law. The Role of Morality As established as early on as Aristotle’s works, the rule of man or general morality cannot be relied upon to provide the basis of legal structure for all individuals. Everyone has a different idea of what constitutes moral behaviour; to allow every individual to follow their own moral code would result in chaos and disorder. Whilst everyone has their own moral standards, most individuals recognise that there is a need for universal laws, even if they do not always fall in line with their own moral judgments. The difficulty comes when there is no apparent overall benefit to the law in question. For example, where the act does not harm another and there is seemingly no common purpose then, under the rule of law, there should be no law preventing such actions. This has been the case with homosexuality which is now not considered to be illegal. There are other activities that are thought of as illegal but not immoral, by some at least, such as driving over the speed limit, smoking marijuana or filing a false tax return. It is clear that although law and morality are interlinked, they are not directly and inextricably thought of as one. Despite this, individuals, on the whole will recognise that there is a need for a legal system and will consider it moral to follow these rules even if they do not fully agree with them. Are Unjust Laws, Laws at all? This differentiation between law and morality leads us to consider the ultimate question of whether the rule of law requires individuals to follow the law, even if it is manifestly unjust. Are individuals in fact obliged not to obey rules that they see as unjust as stated by Martin Luther King when he wrote from his jail cell in Birmingham, Alabama, stating ‘one has a moral responsibility to disobey unjust laws’? Where an individual is governed by the rule of law but decides to break one of these laws as he views them as unjust, provided he accepts the resulting responsibility it can be said that he maintains his adherence to the rule of law. The rule of law states that he should be dealt with fairly and expediently and, therefore, spans a much greater remit than simply setting down the laws that must be followed. As stated by Dworkin, simply because the rule seems to be unjust does not give any individual the right to believe that it is a law at all. It does, however, give individuals the right to be dealt with fairly if they choose not to follow such a rule. Conclusions The rule of law is an essential part of any democratic society. A central set of rules that everyone must follow is required to prevent arbitrary rule and, ultimately, total anarchy. Having said this, the rule of law does not simply lay down a set of rules and apply them tyrannically. The rule of law has a much wider scope and considers how the laws should be applied and adapted to deal with societal changes and local customs. It is this overall framework of rules tainted with a degree of political and judicial discretion that makes the rule of law an ongoing success in dealing with the vagaries of human nature. Bibliography Aristotle, Ethics Book V, in K.S. Chukkol, ‘Enforcement of Judgements Against Public Officers and the Institutions and the Rule of Law’, in Ayua (ed.), Law, Justice and the Nigerian Society (NIALS, Lagos 1995) p. 61 David Brink, ‘Legal Positivism and Natural Law Reconsidered’ (1985) The Monist 68 364–387 Ronald Dworkin, Taking Rights Seriously (paperback ed., Harvard University Press, Cambridge, Mass. 1978) John Finnis, Natural Law and Natural Rights (Clarendon Press, Oxford 1980) Lon Fuller, The Morality of Law (revised ed., Yale University Press, New Haven London 1969) Robert George (ed.), Natural Law Theory: Contemporary Essays (Clarendon Press, Oxford 1992) Matthew Kramer, ‘On the Moral Status of the Rule of Law’ (2004) Cambridge Law Journal 63: 65

Sexual Selection as a Determinant of Certain Traits :: essays papers

Sexual Selection as a Determinant of Certain Traits If you were a male would you rather have a beautiful, impressive, long tail that attracts a lot of women or would you rather have a shorter, less attractive tail that enables you to escape from predators more easily? Living out in the wild among many potential predators, a shorter tail would seem more logical since it would be a more useful trait than a good-looking one. Though the most logical choice, it is not always the case. In many species, traits that would normally be considered awkward or cumbersome are actually favorable. Hard to believe as it may be, these seemingly maladaptive traits can prove to be very useful to certain members of many different species as shown by Darwin’s Theory of Sexual Selection. They enhance the ability of the individual to obtain mates and are therefore very important in the reproductive and evolutionary success of many animals. It is first necessary to understand the basics of Natural Selection before being able to show how Sexual Selection leads to extravagant traits. The main idea behind natural selection is that living organisms change and adapt in order to enhance their ability to survive and reproduce. Those animals that adapt will be more likely to survive and produce more offspring than other animals in the same environment that do not (Boyd and Silk 2000, p. 5), as maintained by Darwin’s second postulate. Phenotypes that are favored by Natural Selection include the ability to care for offspring, acquire resources, and avoid predators. The correlation between Natural Selection and Sexual Selection is the next necessary step to understanding how Sexual Selection accounts for awkward traits. The later of the two can be considered a special category of natural selection. It involves selection for traits only concerned with increasing the probability of mating (Krebs and Davies, 1993, p. 89). It is expressed most strongly in the sex whose access to mates is most limited. In mammalian males, sexual selection tends to have a greater impact on behavior and morphology than does other forms of natural selection. Due to the combination of females investing more in the care of the offspring and the one-to-one population sex ratio, males are usually the ones in competition for females. Male reproductive success also varies much more than that of the female.

Angela’s Ashes Essay

â€Å"When I look back on my childhood I wonder how I survived at all. It was, of course, a miserable childhood: the happy childhood is hardly worth your while. Worse than the ordinary miserable childhood is the miserable Irish childhood and worse yet is the miserable Irish Catholic childhood. † (McCourt, 1996). Angela’s Ashes was a memoir based on the life of Frank McCourt, which ranged in various anecdotes and stories of Frank’s childhood and pursuit to his dreams to live in America. Frank faced various struggles especially his drunken father, who spent his paycheck, if he even had a job to a pint of beer to show his friend’s the money he has earned. With this it causes Frank’s family to go through struggles as to broken shoes, harsh conditioned homes, poor sanitation, plumbing, heat, and hope that they’ll survive through the great depression in Limerick, Ireland. Frankie was a boy who seemed to have high potential to be a great independent man. He always had a mind of his own, his own opinions, great responsibility, and determination. During his childhood he saw his Mother’s suffering, with the fact that she had to rely on the Father of her children to help them survive the great depression but with only giving them false hope, which resulted into his father, Malachy leaving the family. As Frank reached the age of teenage maturity Frankie, went out of his way to get a job and help out the family. With the qualities that Frank McCourt posses and learns throughout the memoir he improves himself and ventures back to America to achieve greatness. During the final days of Frank McCourt after the suffering of the passing of his first love, who died from Typhoid, the great Frank McCourt at a young age had finally saved up his paychecks from his hard-work to venture of into America. While eating a celebratory dinner with his family, a lunar eclipse had seemed to appear at that night. So they quickly race outside to witness this outstanding, once in a lifetime scene of magnificent scenery, which his uncle had said it symbolizes good luck towards his ventures into America. After witnessing the lunar eclipse and his neighbors wishing him arewell to leaving Ireland. As the neighborhood emptied he saw a little boy, who was very unfamiliar to him, as he got closer he recognized it was him as a little boy. From there he sees how he has got to where he is today. As people grow older, facing various obstacles and challenges, people learn and grow from who they were as little as one day. In Buddhism we see the law of Impermanence come into play with everyone’s life, with this we tend to look back and see how much we have grown, how we have survived our lives whether it be physical, mental, or spiritual obstacles that we have faced in our lives. As teenagers we see have a mentality of wanting the independence and earning bigger responsibilities to prove ourselves to our parents, others, or even ourselves that we can achieve the goals we set for ourselves. Though, with this in mind we tend to still make many mistakes that we try to grow out from and strive for better. Though it is ironic the fact that when our mistakes show it is what others see and highlight among us and not the effort we have tried to become a better person. But this is what growing up is all about. As we grow older we see ourselves â€Å"fall in love† with that significant other, which you will never let go and even though they might not be present in our lives we still care about them. Regardless of how much you have changed or the other person has changed you know that deep down when you with them everything is still the same as it was. Not only do we just fall in love but also the love we show our friends. My memoir talks mostly about significant friendships and what I have learned from each and every one of them. We see that as grow a special bond with these friends you exchange mistakes or even experience mistakes together which you can conquer as a team and grow from them. Regardless of fights, obstacles that are put in front of the laps of many friendships, if it’s worth it you don’t give up. In my friendships, especially with Steven, even though he was mad due to the unaccepted friendship with Chris and the betrayal that he felt from it, I have never tried to not fix it, and to have communication with him to solve it. Though he chose to put his guard with his pride he refused to say nothing was wrong and that he didn’t care. As time passed, and took many messages to pass through a friend to show that I was willing to give up on my other friendship, which I truly miss; we have finally overcome that obstacle and have grown closer than ever before. After the feeling of every obstacle has been tackled, every fight has been fought, and you have claimed victorious over any problem that occurs you get the feeling that everything is smooth sailing from then. We look up and think positive that everything will be okay, but until we end our course through life there’s always a new challenge interrupting our trajectory. At this point in time I am satisfied to what I have achieved and where I have ended up, I see myself still constantly looking back at my old self, seeing what I could improve on, changed to reach higher satisfactory, and better myself from I have learned from the past. Even though I have felt that I have reached my goal, as Frankie has reached America to better his life. The act on looking back at yourself, depicts the scene of how Frankie saw himself as a child and how much obstacles he has gone through and achieved to pursue his dream to America, just like the goals we achieve we look back and see what we have gone through. With Impermanence constantly occurring in our lives we are introduced with new challenges and new chapters to open in our lives. Looking back at ourselves does help us learn, but we must apply these new found lessons and look forward to our future to not repeat our mistakes and misguided actions.

Developmental psychology Essay

Within the characteristics of effective learning there are seven areas of learning and development made up of three prime areas and four specific areas. The areas describe what children learn through play and exploration, active learning and creating and by thinking critically. Prime areas – If a child is not secure in the prime areas between the ages of 3 and 5 years, the absence of these may make other areas of their learning more difficult to achieve. This makes the prime and specific areas so interdependent. The prime areas occur in all cultures and communities and are not dependent on the specific areas. Personal, Social and Emotional Development Making relationships Self-confidence and self-awareness Managing feelings and behaviour Communication and Language Listening and attention Understanding Speaking Physical Development Moving and handling Health and self-care Specific areas – These are less time-sensitive. The specific areas reflect what children have understood and their cultural knowledges which can develop during various stages through life. The specific areas of learning will not take place easily without the prime areas. Literacy Reading Writing Mathematics Numbers Shape, space and measure Understanding the World People and communities The world Technology Expressive Arts and Design Exploring using media and materials Being imaginative The documented expected outcomes are the early learning goals within the EYFS. The early learning goals are the 17 learning and development requirements covered in the characteristics of effective learning – the three prime and the four specific areas. The early learning goals summarise the knowledge, skills and understanding that all young child should have gained by the end of their reception year. However, not all children will reach the early learning goals by this stage and as all children are unique, their learning will be supported by practitioners to help them progress at their pace. The ‘Development Matters in the Early Years Foundation Stage’ document provides, in detail, guidance for observing what children are learning. It also provides examples of what early years practitioners can do to enable environments and support positive relationships across all of each area. The documented outcomes are assessed and recorded in a variety of ways and come together to help finalise the Early Years Foundation Stage Profile which is completed at the end of a childs reception year. Leading up to this point, the development of children will have been observed and their progress tracked. Some of the methods used to record progression towards the early learning goals are: Daily observations when children are in session – At nursery all staff observe all children, not just their keychildren. The  observations are linked to the EYFS and recorded in the children’s folders 2 year check – this consists of a short written summary of a child’s development when they are between 24 and 36 months Learning and Development Summary – observations are used to complete this document on a termly basis for each child. These are shared at parent consultation appointments. Contributions from parents – very useful as parents information is essential and helps support early learning in the home environment.

Henry David Thoreau essays

Henry David Thoreau essays American literature during the first half of the nineteenth century took many forms and ideas that still effect our ever so changing society today. Henry David Thoreau was among the notable writers during this time, and his impact of American literature will not soon be forgotten. His perseverance, love for nature, and humanitarian beliefs helped to mold the ideas and values of early American history. He was born in Concord, Massachusetts on July 12 in 1817. His parents, both abolitionists of slavery, were John and Cynthia Thoreau. During his childhood years his parents, along with Henrys older siblings John Jr. and Helen, often took the family on long walks though the valleys and hills of Concord. The seeds of Henrys love for nature were planted during this time. As a young school boy, at the Concord public school and later at the Concord Academy, many of his peers sought after him as loner who took everything too serious. In 1833 Henrys parents had saved enough money to send him off to college at Harvard University. Even though he barely passed the entrance exam, he would later become one of the top students in his graduating class. In 1836 financial and health problems forced Thoreau to postpone his studies at Harvard and seek a job. He taught school for a semester in Canton, Massachusetts and returned to Harvard in the Spring of 1837. He took a full load of classes that Spring and Summer semesters and graduated in August of 1837. After graduating Thoreau had no idea what he wanted to do with his education. After debating over many different careers he finally concluded that teaching would be his calling. He landed a position at Center School in 1837 in Concord, however he resigned two weeks later after many teachers and students complained of his teaching methods and strictness in the classroom. Over the next year he worked many small jobs arou...