Understanding the Law Essay Example | Topics and Well Written Essays - 1750 words

Understanding the Law - Essay Example While the binding principle of judicial precedents applies to ratio decidendi as applied in the original case, obiter dicta do not bind. This means that in cases where a judge is bound to use a precedent, the judge must apply the rules of law that were applied by the former judge as ratio decidendi. Other elements of the precedent case that do not form part of the precedent’s ratio decidendi are not binding (Robertson, 2010, p. 20). Types of judicial precedents Application of judicial precedents defines the types of precedents that have been identified in the judicial system. A judicial precedent can be original, binding, or persuasive. An original precedent is a first establishment of rule of law in cases where no precedent has been laid. This occurs when the facts of the case at hand does not correspond to facts of any other case for which a rule of law has been established in interpretation of the law. The presiding judge therefore establishes a precedent to the case called original precedent. A binding precedent is on the other hand a judicial decision that has already been established in a previous decision and whose application binds a judge. The principle of a binding precedent imputes a judge’s obligation to apply an already established precedent irrespective of the judge’s opinion over the principle of law as was established in the earlier case. This application is based on the rule that decision of a higher court binds judges of lower courts (Robertson, 2010, p.18- 19). Persuasive precedents are however not strictly binding to a judge as the judge has the freedom to either apply the precedent or not. This means that unlike in the case of a binding precedent, application of a persuasive precedent is at the... Understanding the law The paper will explore concepts of the two legal applications. Judicial precedents Judicial precedents, as defined by Robertson, are a source of law that originates from the judicial system. The doctrine of precedents establishes former decisions by judges to form ground for decisions to be made by other judges in future cases. The doctrine is based on the principle that an established rule of law through decisions of judges should remain standing. Robertson argues that the doctrine establishes ground for â€Å"fairness and certainty of law†. The doctrine of judicial precedence is a deviation from the traditionally perceived judicial role of interpretation of the law for implementation. While the primary role of the judiciary is to determine the best meaning in application of law in litigations, the doctrine of judicial precedents offers the judiciary a law making authority. This is because judicial precedents are recognized source of law in which an already established decisi on is to be applied in future cases involving similar facts. Application of judicial precedents however relies on two principles, ratio decidendi and obiter dicta. While the jury limits the powers of the judge in determining the case, the judge ensures that jurors are properly selected to eliminate chances of bias. The above views are therefore completely justified within the concept of democracy, openness, and fairness of the jury process.

Five Drivers of Globalization and the International Forces Research Paper

Five Drivers of Globalization and the International Forces - Research Paper Example According to the standard theory, international trade theory leads to the share of resources being consistent with the corporate advantage. This further leads to specialization thereby enhancing the output. The quick progress in the capital market is because of the globalization. Along with the benefits offered by globalization, there are major concerns related to it. The first concern is related to the fact that globalization leads to a more immoral dispersion of income among the countries and within the countries. The second concern is related to loss of national autonomy and the countries are finding it highly complex to pursue independent domestic policies (Rangarajan, 2006). Dell Corporation has been analyzed for the purpose of this study. Since last 26 years, Dell has been capable of authorizing countries, communities, customers as well as people all over the globe to make use of the technology so that they can realize their dreams. The company tends to value its customers and thus aims at delivering the products and the services according to the needs and the wants of the customers (Dell, 2012). The five main kinds of drivers that are forcing international firms to the globalization of operations are political, technological, market, cost, and competition (Indian Institute of Material Management, 2012). Political Forces There is a trend towards the association and socialization of the global community. Both North American Free Trade Agreement (NAFTA) and the European Union present major marketing opportunities for the companies. If the government can reduce barriers to trade as well as foreign investment and can privatize most of the industries in formerly communist nations then globalization can be fostered (Acemoglu & Yared, 2010). Technological Forces With the progress in computers as well as communication technology ideas information can flow across borders. The small companies are capable of competing all over the globe because of the internet as we ll as communication technology. By making use of the internet for the purpose of business exchanges, Business-to-Business (B2B) transaction is providing major savings. Market Forces When the companies tend to globalize, they become global customers. In order to retain their presence in the global markets and expand the consumer base, organizations endeavor to set their trail towards global shores. When the home market saturates, companies seek to operate globally. Cost Forces The management goal is to make use of the economies of scale so that it can reduce unit cost. It is vital for the companies to globalize the product lines so that it can successively attain economies of scale. Production houses can be located in those countries where the cost of production is observed to be less.  

Growth and Maturation in Sir Gawain and the Green Knight and Iwein Essa

Growth and Maturation in Sir Gawain and the Green Knight and Iwein The Arthurian legends of Iwein and Gawain and the Green Knight are two examples of the medieval initiation story: a tale in which a character, usually in puberty or young adulthood, leaves home to seek adventures and, in the process, maturity. Through the course of their adventures, including a meeting with the man of the wilderness, temptations at the hands of women, and a permanent physical or mental wounding, the character grows from adolescent awkwardness and foolishness to the full potential knightly honor. While both Arthurian legends fit this format, the depth of character development, specifically in terms of relationships, is vastly different. Whereas Gawain and the Green Knight does little more with relationships than demonstrate the evils of female temptations, Iwein effectively explores the formation, destruction, and resurrection of numerous male and female relationships. In order to understand the significance of Hartmann von Aue's development of relationships in Iwein, it's important to first understand the nature of a typical initiation story. Initiation stories almost always deal with the development of a single character; through the course of the story the single character is developed and matured. The meeting with the man of the wilderness and the female temptress may both involve other characters, but in both situations the relationship is used to develop the initiation story. In Iwein, Hartmann uses the growing maturity being developed through the initiation story as a forum for the relationships of the characters; indeed, the focal point of Iwein is less the initiation of the main character than the effect his initiation has on his ... ... the Green Knight: A Collection of Critical Essays. Englewood Cliffs. NJ: Prentice Hall, Inc., 1968. Hatto, A. T., gen. ed. "Heroes and Heroines." Traditions of Heroic and Epic Poetry. Volume Two: Characteristics and Techniques. London: The Modern Humanities Research Association, 1989. Hartmann von Aue Iwein Trans. Sheema Zeben Buehne New York, F. Ungar 1966. Huppà ©, Bernard F. "The Concept of the Hero in the Early Middle Ages." Concepts of the Hero in the Middle Ages and the Renaissance. Eds. Norman T. Burns & Christopher J. Reagan. Albany: State University of New York Press, 1975. Krstovic, Jelena O, ed. Introduction to Hartmann von Aue. Classical and Medieval Literature Criticism. Detroit: Gale Research Inc., 1993. Moorman, Charles. A Knyght There Was: The Evolution of the Knight in Literature. Lexington: University of Kentucky Press, 1967.

Christian Response/Decisions on life and living Essay

AO1- Explain the beliefs Christians hold about their responsibility for those at the beginning and end of their lives. The heart of Christian ethics is love, which has its source in God. Christianity is based on the principal of love,’ love thy neighbour as yourself’ is the greatest teaching and in this context means having concern/caring for others. Christians extend this teaching further when considering those at the beginning or end of their lives. Christians believe that an unborn baby or foetus is created in God’s own image, which is why they would regard every child and living person as precious, and whilst in the womb it is closest to perfection (completely innocent). Christians believe that all human life is sacred as it has eternal destiny and as an unborn child a potential life an unborn child/ foetus is treated with protection and respect, as a human should be. In general Christians feel it is their responsibility to take care of the body carrying an unborn baby and because traditional Christian teaching places the highest value on human life most Christians condemn the concept of abortion as it would involve destroying something so innocent and going against God’s will because God chose to give the life. Christian’s regard abortion in any sense as murder which goes against their moral teachings, the fifth commandment states ‘Thou shall not kill’. â€Å"If anyone does not take care of his relations especially members of his own family he has denied the faith and is worse than an unbeliever† this is a quote from Timothy 1 in the new testament and this quote can have a lot of meaning for a Christian as a parent because it states that it should be their responsibility to care for all their family which would include a conceived child who should be given the chance to live and cared for else a Christian would really be a hypocrite to their beliefs. Christian’s also hold great responsibility as a parent of a newborn child. Christian’s believe it s their duty to baptise their child. The service of baptism washes away a child’s original sin and symbolises their membership to the church. As a parent a Christian is opening the door to the Christian faith (GOD) to which their child can later choose to become part of through their own will when they are older by being ‘confirmed’. It is a Christian’s duty to give their child this opportunity whether or not they choose to take it. As a child grows up it is also the parent’s responsibility to educate the child about the Christian faith, for example sending them to a Christian/catholic school and teaching them about Christianity at home? When considering Christian responsibility for those at the end of their lives the concept is very similar. Christians believe that only God gave life and only God can take it away. They believe killing an innocent person is unacceptable ‘thou shall not kill’ regardless of whether it is an embryo, foetus, child, adult, old person, or someone who is terminally ill and dying. Some Christians may feel that Euthanasia should be allowed as in some circumstances it would be more ‘loving to let someone die if letting them carry on living was causing them so much pain. Most Christians however do not agree because they say human life is sacred and only God has the authority to take it. Christian’s treat a terminally ill, unconscious adult with the same protection as a conscious adult. Christians are against euthanasia but would try to make the time before a person’s death as easy as possible by caring for them and knowing that they will die when God wants them to. The care that the old and terminally ill need can be provided by a hospice. Christian’s support the hospice movement. They are Christian based foundations similar to a hospital but are designed for people to go there to die. The relatives of patients are given care and support and the patients are made as comfortable and happy as possible and the emphasis is on controlling pain and allowing people to die with dignity. AO2 -Faced with the issues of abortion and euthanasia, explain the different ways Christians might respond. The different denominations of Christians and Christian individuals would react in different ways when faced with these issues. When looking at abortion it is fair to say that all Christians believe it is unacceptable and should be avoided. A roman catholic would believe that a deliberately procured abortion is a serious sin as it would be regarded as a murder no matter what time in the pregnancy it took place, as a roman Catholics belief is that God implants the soul at the moment of conception. In today’s society there is a lot of sexual crime such as rape and incest. If a woman were to become pregnancy as a result of this crime her actions may be different depending on what kind of Christian she was. A roman catholic would be strictly against abortion and believe that although the father committed and evil crime the unborn child should still be considered innocent and part of God and should not be killed because its father committed an evil sin. A true Roman Catholic would go ahead with the pregnancy but once the child was born may take other steps such as adoption if keeping the child was too distressing and she felt she could not love it. However looking at this situation from a Protestant perspective it would be acceptable for the woman to have an abortion as having the baby would remind her of the trauma of the sexual crime and the child may not be brought into the world into a loving family, as it should deserve. It is in this way that views differ, members of the Christian Churches accept that sometimes abortion may be the lesser of 2 evils like in the result of a sexual crime, if the child was sought to be handicapped, deformed or likely to die soon after birth and if the foetus is likely to endanger the life of the mother. There are also some extreme exceptions for Catholics. The principal of double effect in the Roman Catholic church if in some complex situations like if the mother was likely to die would allow an abortion to take place, and there are also some occasions where an operation needs to be carried out with a purpose to cure a life threatening disease which may kill an unborn child, the Roman Catholic church teaches that this is permissible and necessary. When faced with issues of euthanasia different most Christians react in similar ways. Some Christians think it is acceptable to help someone to die by stopping their medication, turning off a life support machine etc as long as they are not directly taking their life simply putting a stop to methods that are trying to preserve it. The Roman Catholic belief is that any action intended to cause death as a relief from suffering is,† a grave violation of the laws of God† (John Paul II). Catholics believe that no one should try to take someone’s life for them, as it is still a form of killing. But they do not believe that life has to be preserved at all costs and find turning off a life support machine acceptable if the person can no way be cured and is otherwise in a vegetative state. Christians also support the use of painkillers such as morphine, which hasten death provided their aim is to ease pain. If a Christian had a friend who was terminally ill and dying and asked them to help them to die quicker as they were suffering a Christian may agree to do so because they think it is more ‘loving’ than to let their friend experience immense suffering or they may stop their medication which is keeping them alive to help them die faster. AO3 – What Christians believe about life is up to them. They should not make others accept their position. Do you agree with the statement? A Christian has their own views and ideas about life. Everyone has the right of freedom and should therefore be able to believe their own things without having to be bothered about what others think. This could be argued by some people as not right because when it involves the taking of a life, it can never really be justified as right As a Christian however it is acceptable for them to give advice to others based on their believes whether or not the other person chooses to accept it. As a Christian one should not judge others for being different and this includes having different views and beliefs to themselves, â€Å"Judge not others lest you be judged†. I can relate this to a modern day situation by saying that if a Christian had a close friend (non Christian) who was considering an abortion who asked for their advice it would be fair for a Christian to share their advice and views with this friend but if they still chose to go ahead with the abortion as a Christian the person should still stand by their friend and support them regardless of whether they feel they are making the wrong decision. From another point of view Christians should make others accept their position because God commands them to share the good news with others and take the gospel to all the people’ therefore a Christian would not be fulfilling their duty as a Christian if they did not spread the word of God to others. Other people can choose not to be influenced by their ideas but as a Christian I Think they need to pass on their beliefs about God to other people. Overall I think that a Christian should tell other people when they are doing something which in society could be considered as very wrong i.e. Murder and a Christian also has the right to share there believes with others in hope that they may accept them. However it is the individual’s choice to believe what they want in the end and another person should force no one into accepting a certain position.

Mr. John Elgin Johnson - 879 Words

On August 21, 1919 Mr. John Elgin Johnson was born in Linn Grove, Iowa to a very large family. Even though Mr. Johnson came into the world with a large family you wouldn’t believe it considering the way he lived his life. According to FBI records nothing about his life before his crime spree was ever recorded. John Elgin Johnson made his first appearance into a DCJIS database on November 23, 1935 in Rapid City, South Dakota. He was arrested for larceny at the age of 16, but instead of being put in jail, the judge granted him probation. This was simply a starting platform for John Elgin Johnson â€Å"The Criminal† to blossom. Three months prior to John Johnson’s first arrest once again he was seen wearing silver cuffs in Santa Fe, New Mexico on Febuaray 2, 1936. On this occasion he was charged with breaking and entering and sentenced to 18 months to two years in jail, but he only actually ended up serving 11 months. From breaking and entering homes to prowling for cars he went, in 1937 Mr. Johnson was once again under investigation for car prowling. These investigations although extensive he was not convicted of anything. The next time he would be convicted was at the age of nineteen, barely legal John Johnson was convicted of burglary on August 16, 1938 in Los Angeles, California and served twenty three months for the crime he committed. Instead of returning to society and trying to live a crime free life, like clockwork John began his criminal escapade. In the winterShow MoreRelatedMarketing Mistakes and Successes175322 Words   |  702 PagesMARKETING MISTAKES AND SUCCESSES 30TH ANNIVERSARY Robert F. Hartley Cleveland State University JOHN WILEY SONS, INC. VICE PRESIDENT PUBLISHER EXECUTIVE EDITOR ASSISTANT EDITOR PRODUCTION MANAGER PRODUCTION ASSISTANT EXECUTIVE MARKETING MANAGER ASSISTANT MARKETING MANAGER MARKETING ASSISTANT DESIGN DIRECTOR SENIOR DESIGNER SENIOR MEDIA EDITOR George Hoffman Lise Johnson Carissa Doshi Dorothy Sinclair Matt Winslow Amy Scholz Carly DeCandia Alana Filipovich Jeof Vita

Plato s View Of The Immortal Soul, Diagnosis, And...

Introduction-Plato’s view of the immortal soul, Diagnosis, and Prescription. Plato had a dualistic view of the soul and body, meaning that he believed them to be two separate entities that could exist independently of one another. According to Plato, ‘the soul exists before birth, it is indestructible, and will exist eternally after death.†Plato believed in what he referred to as a tripartite soul. Plato’s tripartite soul consists of Appetite, Spirit, and Reason. In a just soul, Appetite and Spirit are controlled by Reason. Plato believed the soul to be more important than the body because he believed the soul retained knowledge of the forms from before birth, rather than knowledge being gained through bodily senses. The problem, according to Plato, is that which part of the soul dominates the others differs from person to person. In order to have a just soul, reason must be in control and the three parts should be in harmony with one another. Similarly, the people who are the most rational thinkers, and therefore the most suited to be ru lers, are not always those who have power in society. In order to have a just society, the most rational people must have power over spirited and appetitive people. These three classes of people should be in harmony, just as the three parts of the soul should be in harmony. Plato’s ideal society is a just society. A just society, for Plato, is a society in which the three classes of people, namely, Rulers, Auxiliaries, and Workers are

The Disney Departure Differences Before And After The...

The Disney Departure: Differences Before and After the Death of Walt Disney According to the leadership of the Southern Baptist Convention, the Walt Disney Corporation historically stood for â€Å"basic American virtues and values† but now represents a â€Å"significant departure from Disney’s family-values image, and a gratuitous insult to Christians and others who have long supported Disney.† Their belief is that Disney entertainment products produced while Walt Disney was alive differ substantially from those produced in the post-Walt era. Through time, it is inevitable that particular things have changed since the production of Walt’s personal films from the 1920’s to the 1960’s (such as being aesthetically and cinematically advanced, in†¦show more content†¦Although this is not directly under Walt’s authority, and they are predominant shifts, the basic â€Å"American virtues and values† remains the same throughout each Disney entertainment product that is released. One of the most evident changes in Disney entertainment products in the post-Walt era is the introduction of homosexual characters. Conservative Christian groups continue to argue that LGBTQ activists have a secret plan to advance homosexual lifestyles, thus destroying ‘traditional’ marriage ideas. This ‘Gay Agenda,’ according to groups such as the Southern Baptist Convention, is ‘apparent in Disney releases.’ For example, in Tangled, Flynn and Rapunzel visit a tavern that is filled with men with dreams associated with homosexuality, such as an interior designer and a pastry chef. Disney television shows have also presented homosexual characters and storylines, with Ellen Degeneres’ ‘coming out’ episode being the most infamous of the bunch. Recently, on Disney’s hit television show, Good Luck Charlie, two women were introduced to the cast as the homosexual parents of Charlie’s best friend, Taylor. However, even with the debut of these characters in the post-Walt era, the â€Å"basic American virtues and values† are still found in