The Presumption of Liberty Assignment Example | Topics and Well Written Essays - 2000 words - 2

The Presumption of Liberty - Assignment Example This statute ensures that parties to the contract fulfill their promises to each other as stipulated in the agreement with defaulting. Therefore, statutes of fraud do not in itself make the contract valid but serve as an evidence of the agreement between the parties hence can make the contract enforceable (Miller, Harvey & Parry 1998, p.487). It also serves to prevent one of the parties from claiming beyond what the agreement offer to them. Should one of the parties to the agreement default in the performance of his or her duties, the statues of frauds will apply to ensure that that person has discharged his or her obligation (James 2003, p.20). This is contrary to a verbal agreement whereby, due to lack of evidence one party may fail to perform the duties of the agreement and yet there are no means to prove that the party has indeed breached the agreement (Barnett 2005, p.146). Whereas most contracts can be enforced without the requirement of a statute of fraud, there are specific a greements, which must be included in a statute in order to be enforceable. This report shall explore various contracts which fall within statutes of frauds and cases that have been dealt with in the court involving the statute. In addition, the report shall focus on the impact of the statues of frauds and what would happen if parties failed to write down the terms of their contracts in cases which â€Å"fall within the statute.† The law requires that when individuals are making a contract they should put down all the terms of their agreement in writing in order to that no party who takes advantage of the other by failing to perform either some part of the contract or the by totally doing nothing in fulfilment of their contractual obligations (Barnett 2005, p.165).  

How Social Production Transforms Markets and Free

How Social Production Transforms Markets and Freedom Essay In the book â€Å" The Wealth of Networks: How Social Production Transforms Markets and Freedom† by Yochai Benkler, he discussed the diversity of network and its impact to different aspects of society. Benklers discussed that technology is a big part of the development that had occurred. Technology is a tool used to a more effective communication. Media today uses these technologies to provide assurance that the message is delivered to the people. Internet has become a fast growing form of information source and communication tool. With this expansion comes its effect of distributing the main structure of producing and allocating information, culture and knowledge. Information is just a click away. This became a common source of reference whenever one wants to know something. This is said to be an open source to the public. In the process of acquiring this information, the most of the intelligence and effort shared by the author has the potential of being reused due to exposure. The complex network enables to diffuse the core information and be used by other as their own. Because of these economic characteristics, the mass-media model of information and cultural production and transmission became the dominant form of public communication in the twentieth century. Equally important is the example of the news media: fair use is healthy and vigorous in daily broadcast television, where references to popular films, classic TV programs, archival images, and popular songs are constant and routinely unlicensed. Internet is now on its constant development and through this communication is possible no matter how distant it is. The property right at issue is almost entirely a matter of respecting the authorship of the original work with the use of open source code, no less than with scholarly work. This sense of propriety, however, operates with a rigor in scholarship that exceeds the bounds of copyright law. Copyright only protects the author’s expression and wording of an idea from being used by another beyond the realm of fair use. By means of this, the author’s original idea can be protected and assured that his name will be credited when his work was used. The other issue that Benkler stated that the Media is also an open source where there is a distribution of new knowledge which we may apply to our culture and social traits as individuals. These have little impacts in small daily activities as we cannot notice, which at some point we may see that we had changed eventually. Some values that had been perceived are caused by these emerging networks. Since this had also been an environment to us and we need to adapt to these changes. Cultural production in the form of the networked information economy offers individuals a greater participatory role in making the culture they occupy and makes the culture more transparent to its inhabitants. On my understanding, it is true that advancement in these aspects is also giving development on human meaning and communication. Wide network can provide the potential for better human welfare and development and freedom. Human perception is perceived and improved constantly. We can also observe that most of us rely on computers. We can practice skills and acquire additional knowledge through this wide scope of information that is open to the public. Whether how small the task is, it still contributes to one’s personal enhancement through technological experience. This provides us a more complex human development. Another optimism of Benkler which I agree is that because of enhanced technology and wide network of information, we practice and shape the freedom in the society. This has impact on the modern liberal society. Changes in the technological, economic, and social affordances of the networked information environment affect a series of core commitments of a wide range of liberal democracies. Benklers’ optimism towards these changes is in accord to my opinion. Accessibility of media is not a problem anymore. Proliferation of networks has provided the industry, culture and social contributions to the changing society. Because of technological advancement and network expansion, our jobs became easier and more efficient. Also, with the new invented tools and equipment, we can do things we only imagine that would be possible. But with this progress comes with the disadvantages of the complex network that is still extending. One is the exposure of information where it can be abused by the users. They can use them and not acknowledge the author. In this issue, the end user takes the credit of the idea which is not his. This common crime happens commonly on the use of the internet. References: Benkler,Yochai. The Wealth of Networks: How Social Production Transforms Markets and Freedom. (2005) Documentary Filmmakers Statement of Best Practices in Fair Use. (2005). www. centerforsocialmedia. org/fairuse. htm Willinsky, John. The Unacknowledged Convergence Of Open Source, Open Access, and Open Science. First Monday. (July 2005) www. firstmonday. org/issues/issue10_8/willinsky/

Theories Of Deviant Behavior

Theories Of Deviant Behavior Sigmund Freud was an Austrian neurologist and the founder of the psychoanalytic school of psychology. I intend to explain Freuds theory about the libido and how it changes its object, a process designed by the concept of sublimation. He argued that humans are born polymorphously perverse (AROPA, 2010), meaning that any number of objects could be a source of pleasure. Lawrence Kohlberg is known for writing The Six Stages of Moral Reasoning (Crain, 1985, pp. 118-136). These stages are planes of moral adequacy conceived to explain the development of moral reasoning and why these stages can lead to deviant behavior. I intend to scope all six stages and explain them in detail. In the end, from my explanation, one should be able to identify certain behaviors and where they stem from. Cesare Lombroso popularized the notion of the born criminal through biological determinism, claiming that criminals have particular physical attributes or deformities. If criminality was inherited, then the born criminal could be distinguished by physical atavistic stigmata. I intend to explain this theory in detail along with a few other concepts in order to properly broaden the topic so one can grasp its true meaning. Robert Mertons theory on deviance stems from his 1938 analysis of the relationship between culture, structure and anomie. Merton defines culture as an organized set of normative values governing behavior which is common to members of a designated society or group (Crain, 1985 pp 118-136). I intend to relate this theory to other theorists related to this field of study. I will define how one can become deviant through his/her surroundings. Each theorist has stated that deviance provides a way in which some individuals and groups can introduce their agendas to the rest of society, and elevate their own personal status while doing it (AROPA, 2010 pp 1-2). If that is the case then deviance is a violation of a norm; while crime is defined as a violation one specific type of norm, a law. By definition then, it would seem that society considers all crime to be deviant behavior. However, members of society may not consider a specific crime to be deviant at all. Sigmund Freud Stages of Development Freud advanced a theory of personality development that centered on the effects of the sexual pleasure drive on the individual psyche. At particular points in the developmental process, he claimed, a single body part is particularly sensitive to sexual, erotic stimulation (Stevenson, 1996 pp 2-3). These erogenous zones are the mouth, the anus, and the genital region. The childs libido centers on behavior affecting the primary erogenous zone of his age; he cannot focus on the primary erogenous zone of the next stage without resolving the developmental conflict of the immediate one. A child at a given stage of development has certain needs and demands, such as the need of an infant to nurse. Frustration occurs when these needs are not met; overindulgence stems from such a meeting of these needs that the child is reluctant to progress beyond the stage. Both frustration and overindulgence lock some amount of the childs libido permanently into the stage in which they occur; both result in a fixation (Stevenson, 1996 pp. 2-3). If a child progresses normally through the stages, resolving each conflict and moving on, then little libido remains invested in each stage of development. However, if he/she fixates at a particular stage, the method of obtaining satisfaction which characterized the stage will dominate and affect his/her adult personality. The Oral Stage The oral stage begins at birth, when the oral cavity is the primary focus of libidal energy. The infant preoccupies themselves with nursing, with the pleasure of sucking and accepting things into the mouth. The infant who is frustrated at this stage, because the mother refused to nurse him/her on demand or who ended nursing sessions early, is characterized by pessimism, envy, suspicion and sarcasm (Stevenson, 1996 pp 4-5). The overindulged oral character, whose nursing urges were always and often excessively satisfied, is optimistic, gullible, and is full of admiration for others around him/her (Stevenson, 1996 pp.4-5). The stage ends in the primary conflict of weaning, which both deprives the child of the sensory pleasures of nursing and of the psychological pleasure of being cared for and mothered. The stage lasts approximately one and one-half years. Anal Stage At one and one-half years, the child will enter the anal stage. The act of toilet training becomes the childs obsession with the erogenous zone of the anus and with the retention or expulsion of the feces. This represents a classic conflict between the id, which derives pleasure from expulsion of bodily wastes, and the ego and superego, which represent the practical and societal pressures to control the bodily functions (Stevenson, 1996 pp 5-6). The child will meet the conflict between the parents demands and the childs desires in one of two ways: Either he puts up a fight or he simply refuses to use expel the waste. The child who wants to fight takes pleasure in expelling maliciously, often just after being placed on the toilet. If the parents are too lenient and the child manages to derive pleasure and success from this expulsion, it will result in the formation of an anal expulsive character (Stevenson, 1996 pp 5-6). This character is generally messy, disorganized, reckless, carel ess, and defiant. However, a child may choose to retain feces, thereby disobeying his/her parents while enjoying the pleasurable pressure of the built-up feces on his/her intestine. If this tactic succeeds and the child is overindulged, he will develop into an anal retentive character (Stevenson, 1996 pp. 5-6). This character is neat, precise, orderly, careful, stingy, withholding, obstinate, meticulous, and passive-aggressive. This stage lasts from one and one-half to two years approximately. Phallic Stage From ages three to six, the setting for the greatest sexual conflict happens in the phallic stage. With the genital region becoming the weapon of choice, as the phallic stage matures, boys experience the Oedipus complex whereas girls experience the Electra complex. These complexes involve the inherent urge to remove our same-sexed parent so to possess our opposite-sexed parent (Psychosexual, 2010 pp 1) In boys, the father stands in the way of the increasingly sexual love for his mother. What controls this urge to eliminate the father is the fear that his father will remove their common appendage, the penis. The easiest way to resolve castration anxiety of the phallic stage is to imitate the father, which in the long-term acts as a voice of restraint in his adult life. The female counterparts in the phallic stage suffer from penis envy. The female child holds her mother accountable for not sharing the appendage that her brother wants to remove from their father. Unlike the male counte rparts, Freud remained unclear how the phallic stage is resolved. Fixation at the phallic stage develops a person who is reckless, resolute, self-assured, and narcissistic and is excessively vain and proud. The failure to resolve the conflict can also cause a person to be afraid or incapable of close love; Freud also hinted that fixation could be a root cause of homosexuality (Psychosexual, 2010 pp 1). Id, Ego, and Superego Freud saw the human personality as having three aspects, which work together to produce all of our complex behaviors. These are described as the t Id, the Ego and the Superego. All three components need to be well-balanced in order to have reasonable mental health. However, the Ego has a difficult time dealing with the competing demands of the Superego and the Id. According to the psychoanalytic view, this psychological conflict is an intrinsic and pervasive part of human experience (Wilderdom.com, 2008, pp. 1-2). The conflict between the Id and Superego, negotiated by the Ego, is one of the normal psychological battles all people face. The way in which a person characteristically resolves the instant gratification vs. longer-term reward dilemma reflects upon their character (Wilderdom.com, 2008, pp. 1-2). The id can be described as the functions of the irrational and emotional part of the mind. This part of psychology is very self-serving and uncaring towards others needs. This is very true of an infant since their only desire to be satisfied and served. In addition, this phase can be applied to childhood since children are also very self-serving and seek constant gratification. The Ego functions with the rational part of the mind. The Ego develops out of awareness that one cant always receive what they desire. The Ego operates in a world of reality. The Ego realizes the need for compromise and negotiates between the Id and the Superego. The Egos job is to get the Ids pleasures but to be reasonable and bear the long-term consequences in mind. (Wilderdom.com, 2008, pp. 1-2) The Ego denies gratification but the ego must cope with this conflicting force. To undertake its work of planning, thinking and controlling the Id, the Ego uses some of the Ids libidinal energy (Wilderdom.com, 2008, pp. 1-2). Typically, adults fit into this category since maturity also aides in recognizing reality and compromising. However, if the ego is too strong one can become well-organized and rational but extremely boring and cold. The Superego is the last part of the mind to develop. It is often called the moral part of the mind (Wilderdom.com, 2008, pp. 1-2). The Superego becomes a structure of parental and societal values by storing and enforcing rules. It constantly strives for perfection and its power to enforce rules comes from its ability to create mental anxiety. The Superego has two subsystems: Ego Ideal and Conscience. The Ego Ideal provides rules for good behavior, and standards of excellence towards which the Ego must strive. (Wilderdom.com, 2008, pp. 1-2). The Ego ideal is basically what the childs parents approve of or value. So, a parents proper guidance is greatly needed for one to possess these values. Therefore, these values will serve as their conscience throughout life. However, if ones superego is not balanced may feel guilty most of the time and feel the need to be perfect beyond reality.

roman architecture Essay -- essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  The city of Rome has many of the great architectural feats of the ancient world. Many of these buildings and other assorted structures, although they were built around 2000 years ago, are still standing and even in use. At the start of Roman history, they imported their marble from another great ancient city; Greece. However, they did eventually find quarries in northern Italy that held an abundance of white marble. This marble helped them become the great architectural city that we see even in present times.   Ã‚  Ã‚  Ã‚  Ã‚  Later on, in the first century AD, the Romans began to use concrete in greater use. The architects of Rome used this concrete to make many structures including domes, arches, and vaults. They added bricks to these structures to improve the strength of the building. After adding the bricks, they put on an extra layer of marble for decoration.   Ã‚  Ã‚  Ã‚  Ã‚  One of the biggest improvements that the Romans made in architecture was the invention of the arch. These arches added a great amount of weight to the structure. To help support this weight, the Romans invented a type of building material that is called a keystone block. The force on top of the arch was directed down to this keystone block. Because of the shape of the keystone block, this force was then pushed through the voussoir blocks that formed the top of the arch. The force then went through the impost and the piers, finally ending up at ...

The Case for Mercy-Killing Essay -- Euthanasia, Mercy-killing, Assiste

Two patients share a hospital room. By miraculous circumstance, they are both suffering identical cases of late stage terminal cancer, and both have expressed firmly that they don’t want their lives to be artificially extended. Patient A has contracted a hospital-borne infection, and will die quickly if this infection is not treated. This being the case, the doctors decide to take no action, allowing Patient A to die from the infection. This raises the question: what does this choice imply for Patient B? Should he be allowed to choose active euthanasia to combat his suffering? I will argue that there is no moral distinction between letting Patient A die and â€Å"killing† Patient B. I will do so by looking at each patient’s circumstances individually, then applying arguments about euthanasia to their cases, and ultimately bringing them back together to consider a verdict. While some may argue that there is a difference between killing Patient B and lettin g Patient A die, I assert that any such claims are based in irrelevant reasoning. First, let’s consider the reasoning behind the patients choosing to forego extraordinary treatment for their cancer. They have decided, as Beauchamp would put it, that refusing to prolong their lives in the face of pain and suffering â€Å"neither harms nor wrongs [them] and may provide a benefit† (Beauchamp, 76). They â€Å"intend to quit life because of its bleak possibilities† (Beauchamp, 77). The doctor readily complies with their wishes out of moral, legal, and professional obligation. A choice has been made to let both patients die, as a response to their â€Å"competent and authoritative refusal of treatment† (Beauchamp 74). In Patient A’s case, he was lucky enough (in the most morbid way possible) to... ...es out of mercy. Beauchamp puts it eloquently when he says â€Å"From a moral point of view, causing a person’s death is wrong when it is wrong not because the death is intended or because it is caused, but because an unjustified harm or loss to the person occurs† (Beauchamp, 76). The objection that killing Patient B is worse than allowing Patient A to die does not survive, because such a claim is based on the assumption that a killing would be unjust. The doctor and the patients have decided that death is preferable to life, and there is no injustice involved in any possible outcome from there on out. Squeamishness about the doctor being responsible for killing Patient B, directly, has no place in the discussion, because by the time the discussion is taking place, that would be like being squeamish over the doctor prescribing morphine to reduce a patient’s suffering.

Vandy Religion Essay :: essays papers

Vandy Religion Essay I have been around religion all my life, but only recently has it become important to me. I find this ironic, because I recently transferred to a ‘public’ DODDS school from a small, private Catholic school. Only after I was removed from the Catholic school environment did I begin to see what religion really is. I came to the Catholic school system in Leavenworth, Kansas in the fifth grade. Before that time, I was naà ¯ve; I barely knew any swear words and all I knew about sex was that I was interested in cute boys. Ironically, it was this time, all through and every year after fifth grade that I was subjected to and learned vulgarity. By the time I was a sophomore, I was so familiar with all of the four-letter words that I swore casually with my friends when we would discuss sex or gossip about other students. I picked up every slang word for every body part and knew every sexual innuendo there was to know, all during the six years I attended Catholic school. Even though we were not very good examples of church-going youngsters, my friends and I regularly went to Youth Group meetings. I never really listened to what the speaker was saying or to what I was singing, I just went to socialize with my friends. When we moved to Okinawa, I immediately wanted to make friends with the popular crowd, but my mother forced me to go to Youth Group. I only knew one person there, but I met another girl, who introduced me to her group of friends, the exact crowd I wanted to meet. We went out a couple of times, but after a few weeks at school, they decided I was not ‘cool enough’ and dropped me from their group. I was crushed. However, since I was new, I had met other new people, who I brought to the Youth Group so I would not be alone. Soon I met other people at the Youth Group and began to get more involved with that crowd. They did not reject me because of my appearance or because I sometimes said stupid things, but accepted me for who I was and welcomed me into their group.

Resurrection and Body Paragraph Essay

Detail 1:Carton believes that he is a waste of life and has no purpose being the world †¢ â€Å"I am a disappointed drudge, sir I care for no man on earth and no man on earth cares for me. † (2. 4. 70) †¢Detail 2:Starts to show his slow resurrection when he admits his love for Lucie â€Å"the last dream of [his] soul. (book 2 Chapter 130 †¢Detail 3:Carton redeems himself by sacrifices his life for the women he loves and her happiness showing that he has been resurrected â€Å"I am the resurrection and the life, saith the Lord: he that believeth in me, though he were dead, yet shall he live: and whosoever liveth and believeth in me, shall never die,† (3. 9. 89). †¢BODY PARAGRAPH II: †¢Transition/Opening Sentence:_________________________________. †¢Detail 1:When Dr. Manette is first released from prison he is like an infant that doesn’t know the world. â€Å"Prisoner 105, North Tower,† †¢Detail 2:Starts to realize who he is when he meets his daughter Lucie at the Defarge winery †¢ â€Å"She was the golden thread that united him to a Past beyond his misery, and to a Present beyond his misery: and the sound of her voice, the light of her face, the touch of her hand, had a strong beneficial influence with him almost always. â€Å"(2. 4. 3) †¢Detail 3:He is finally shown in his full resurrectional the towards the end of the novel when he find out his bench has been taken away Transition/Opening Sentence:_________________________________. †¢Detail 1:Marrying Lucie had hide his past from many people in France and England â€Å"I know that when she is clinging to you, the hands of baby, girl, and woman, all in one, are round your neck. I know that in loving you she sees and loves her mother at her own age, sees and loves you at my age, loves her mother broken-hearted, loves youthrough your dreadful trial and in your blessed restoration. â€Å"(2. 10. 9) †¢Detail 2:His past was now coming back for him like a zombie coming out a grave. â€Å"I care nothing for this Doctor, I. He may wear his head or lose it, for any interest I have in him; it is all one to me. But, the Evremonde people are to be exterminated, and the wife and child must follow the husband and father. † (3. 14. 6) †¢Detail 3:He now knows that his old life will never come back to him and he must live his new life with the help of Carton.