Monday, March 16, 2020
Crime from the marxist and functionalist prospective
Crime from the marxist and functionalist prospective Crime has become a major problem in Australia's society whether it be such crimes as theft, white collar crime or drug related it becomes evident as to why this is so. When adopting sociological theories such as the Marxist theory which was established by Karl Marx who based his theories on various societies such as the capitalist, along with looking at certain aspects of social life such as class, economics and inequality etc. In turn this lead to social theories such as the views of the state and alienation.Along with the functionalist theory which was found by Emile Durkheim who believes society is made up of a number of functioning parts such as institutions, occupations and individuals each having a necessary function. Whilst certain functions maybe considered having more importance than others in order for society to work all aspects must function in the correct manner as this can lead to the breakdown of the social structure.Karl Marx 1882 (edited)Crime within Australia has es calated to alarming rates in 2003 where a total of 196,926 crimes were committed. However these statistics only equated for 60% of the crimes that were actually committed under criminal acts such as homicide, assault, sexual assault and theft.From a Marxist point of view this can be explained through economics and its inequalities with in our society though the relationship of production where by Karl Marx believed"In the social production of their existence, men inevitably enter into definite relations, which are independent of their will, namely relations of production appropriate to a given stage in the development of their material forces of production. The totality of these relations of production constitutes the economic structure of society, the real foundation, on which arises a legal and political superstructure and to which correspond definite forms of social consciousness.
Saturday, February 29, 2020
A lost property Essay Example for Free
A lost property Essay ? A lost property is one which is found in a locality where it is likely that its true owner had no intent of placing it and the owner is not likely to find it. On the other hand, misplaced property is one which the true owner placed it somewhere and forgot to pick it up. Conversely, abandoned property is one which the true owner intended to leave somewhere due to the state it was in (Litka & Inman, 1983). This plane could have been termed as lost or abandoned. The collector of the airplane ââ¬â Doug Chaplin, thus lost in the court ruling since the plane was a lost and found property (Stewart, Warner & Portman, 2008). The plane could have remained to be the property of Chaplin but since The Navy found it and because they are the true owners; they have a right to repossess it. Chaplin should have turned the plane over to the proper authorities. Moreover, if the owner does not go to claim it for a certain time period, then the plane could be reverted back to Chaplin (Warda, 2005). The plane was ruled to be belonging to The Navy even though Chaplin could have been rewarded for his effort to recover the plane. The court could also have ruled that the plane constituted an abandoned property and thus was supposed to be a property of the government of which The Navy was also part of the government. Chaplin could never win the case because the planeââ¬â¢s true owners were claiming it, in addition, the law holds that lost property should be returned to the owner. Even if Chaplin collected the plane as a relic, the plane still belonged to The Navy since under the common law of America, relics are entitled to their collector unless the true owner reclaims them. References Litka, M. P. ; & Inman, J. E. (1983). The legal environment of business: Public and private laws. Hoboken, NJ: Wiley. Stewart, M. ; Warner, R. ; & Portman, J. (2008). Every landlordââ¬â¢s legal guide. Berkeley, California: Nolo. Warda, M. (2005). Landlordsââ¬â¢ rights and duties in Florida. Chicago, IL: Sourcebooks, Incorporated. A lost property. (2016, Sep 17).
Thursday, February 13, 2020
Liability for defective construction and design Essay
Liability for defective construction and design - Essay Example However, there are certain stipulations that must be met under different legal systems in order to ensure that the dispensation of justice is fair to all involved parties. The legal code in practice in the United Arab Emirates derives a number of different elements from English law but still has subtle differences when it comes to practice. This paper will look into the various kinds of protections offered under English law and UAE law for tortuous liability on grounds of defective construction and design. The discussion in this paper will be focused on the relationship between the developer (or contractor as applicable) and the end consumer who buys the constructed product or services in order to form a comparison of which legal system provides greater protection to the end buyer. Tortious Liability for Defective Construction and Design A number of legal systems provide for tortious liability for acts of omission and commission practiced by the contractor. It is possible to classify building defects using two clear classifications: patent defects and latent defects. While the former deals with defects that are visible to the contractor, consultant and other involved parties, the latter refers to defects that appear years after the building is complete. As far as patent defects are concerned, the involved parties can detect and deal with the defects as they appear unless the project owner is not satisfied. However, it is possible that latent defects remain and only appear after the building is taken into service. For example, it is typical to find leaking plumbing, easily broken floor tiles and the like once a property is taken into custody. The law does provide for remedies in these situations but such remedies are subject to certain stipulations such as time bars. English Law English law dictates that any defects observed after a takeover of constructed property must be evaluated through the Limitation Act of 1980. It is common practice for the parties involv ed i.e. the contractor and the project owner to agree to a period where any discovered defects would be rectified. It is typical to see contractual agreements between parties that stipulate periods of between one year and two years, after the completion of construction, to deal with any discovered defects1. This would apply solely to latent defects as common practice shows that patent defects are removed prior to building handover by the project owner or end consumer. Another set of circumstances would emerge if there are no such clauses available in the construction contract to deal with defects in the post construction completion scenario. In such circumstances, the aggrieved party has the option to go to a court of law in order to deal with any damages incurred due to the contractorââ¬â¢s actions. It must be taken to note that tort actions for such cases under English law are only possible if the tort claim is brought before the case no later than six years after the damage ha s been caused2. Technically the date that the damage is notice or secured is better known as ââ¬Å"the date of action accruedâ⬠3. Here it must be taken to note that the involved parties may reduce or increase the period settled by the Limitation Act (1980) for tort claims to occur. It is common court practice not to interfere with the actions of
Saturday, February 1, 2020
The state of Social Security in the United States Term Paper
The state of Social Security in the United States - Term Paper Example The increasing numbers of baby boomers and the recessive trends in the economy have been the major concern of the young people who are the main contributors to the social security funds of the state. The role of the state therefore, has become crucial, while incorporating the new developments in the societal changes of the time in their social policy so that state benefit can reach every one. Social security is primarily insurance programs for the old age, survivors and widows of earning members, disability sector, unemployed and the people who need state benefits to survive with dignity. Popularly known as OASDI or Old- Age, Survivors and Disability Insurance, its major funding for the same comes from taxpayers who have to pay contribution under Federal Insurance Contribution Act or FICA. The tax deposits is transferred to trust funds dedicated under different programs like old age and survivors insurance fund, federal disability insurance trust fund etc. When the revenues exceed ex penditure, the excess fund is invested in government ââ¬Ëbondsââ¬â¢ that is non marketable and is often used by government as deficit spending. In recent times, it has come under huge controversy mainly due to myriad reasons like increasing number of baby boomers who have retired, the rising numbers of unemployed who are unable to contribute etc. and therefore the burden of contribution to social security fund has increasingly been borne by the current contributors. They feel that the fund might not be able to sustain their old age needs. The changing demographic equation and the old has necessitated reforms within the social security programs of United States so that new mechanisms can provide equity in state benefits to the various segment of concerned population. The following recommendations are designed to evolve innovative input into the state policy matter vis-a-vis social security. It is envisaged that new mechanisms would facilitate for effective and long term sustain able social security programs. 1. Introduce tax benefits and retirement age Coile and Grubber (2000) believe that retirement age should be redefined in terms of years that could maximize social security wealth. Indeed, the retirement age needs to become the personal choice of the working population so that they are able to significantly increase their post retirement benefits. It is found that the tax benefits vis-a-vis age becomes a major incentive for the working population, especially for higher age group who increasingly pay lower taxes. Hence, innovative tax schemes should be introduced so that younger people would be attracted to contribute more towards social security fund. The baby boomers have become major beneficiaries of social security funds. The increasing number of baby boomers has significantly impacted the labor market and reduced productivity vis-a-vis accrued income to expenditure. The baby boomers and retirees who are in good health must be encouraged to become pr oductive through self employment. This would help lessen the burden on the young working population. Social security number should become mandatory for all citizens so that social security umbrella could be extended to the legitimate citizens of America. It is also recommended that the immigrant population should be required to pay extra for their spouse and children until the time they become eligible for permanent citizenship. 2. Investment of SS fund for
Friday, January 24, 2020
My Mom is a Pathological Liar :: Personal Narrative, essay about my family
I think it was my mother who taught me the meaning of honesty. Not because she was honest, but because she lied all the time. She felt that the easiest way out of any given situation was generally the best way out. And, for her, that generally meant telling a "little white lie." As a young child I thought it was kind of cool. And, naturally, when I would come to her with a concern or question wondering what I should do, she generally advised me to lie. "Mom, I told Theresa that I would go over to her house, but now I would rather go to Sue's house to play." "Tell Theresa you're sick," she would advise. And generally I did. But I didn't seem blessed with her lack of conscience. On many painful occasions Theresa would find out that I really went to Sue's house without her. These occasions taught me that it is more painful to be caught in a lie than it is to tell the truth in the first place. I wondered how it was possible that my mother had never learned that lesson. I started thinking of all the lies that I'd heard her tell. I remembered the time she told someone that her favorite restaurant had closed, because she didn't want to see her there anymore. Or the time she told Dad that she loved the lawn mower he gave her for her birthday. Or when she claimed that our phone lines had been down when she was trying to explain why she hadn't been in touch with a friend of hers for weeks. And what bothered me even more were all the times she had incorporated me into her lies. Like the time she told my guidance counselor that I had to miss school for exploratory surgery, when she really needed me to babysit. And it even started to bother me when someone would call for her and she would ask me to tell her that she wasn't there. So, I started my own personal fight against her dishonesty. When I answered the phone and it was someone my mother didn't want to talk to, I said, "Louise, mom is here, but she doesn't want to talk to you. My Mom is a Pathological Liar :: Personal Narrative, essay about my family I think it was my mother who taught me the meaning of honesty. Not because she was honest, but because she lied all the time. She felt that the easiest way out of any given situation was generally the best way out. And, for her, that generally meant telling a "little white lie." As a young child I thought it was kind of cool. And, naturally, when I would come to her with a concern or question wondering what I should do, she generally advised me to lie. "Mom, I told Theresa that I would go over to her house, but now I would rather go to Sue's house to play." "Tell Theresa you're sick," she would advise. And generally I did. But I didn't seem blessed with her lack of conscience. On many painful occasions Theresa would find out that I really went to Sue's house without her. These occasions taught me that it is more painful to be caught in a lie than it is to tell the truth in the first place. I wondered how it was possible that my mother had never learned that lesson. I started thinking of all the lies that I'd heard her tell. I remembered the time she told someone that her favorite restaurant had closed, because she didn't want to see her there anymore. Or the time she told Dad that she loved the lawn mower he gave her for her birthday. Or when she claimed that our phone lines had been down when she was trying to explain why she hadn't been in touch with a friend of hers for weeks. And what bothered me even more were all the times she had incorporated me into her lies. Like the time she told my guidance counselor that I had to miss school for exploratory surgery, when she really needed me to babysit. And it even started to bother me when someone would call for her and she would ask me to tell her that she wasn't there. So, I started my own personal fight against her dishonesty. When I answered the phone and it was someone my mother didn't want to talk to, I said, "Louise, mom is here, but she doesn't want to talk to you.
Wednesday, January 15, 2020
Cenralistaion vs Decentalisation
The main decisions are made by senior management, where little authority is passed down the organisation. advantages â⬠¢ decisions are made by experienced people with an overview of the company. â⬠¢ ensures policies are consistent throughout the company. â⬠¢ ensures quick decisions can be made without consultation. â⬠¢ procedures such as ordering and purchasing can be standardised throughout the company, leading to economies of scale. â⬠¢ in times of crisis the firm may need strong leadership by a central group of senior managers. disadvantages (mainly advantages of decentralisation) centralisation reduces the input of the day to day experts, e. g. , the shop floor staff, into the firms decision making. â⬠¢ it risks demoralising branch managers who may feel mistrusted or powerless. Decentralisation Decisions are made by junior management as authority is passed down the organisation, thereby accepting less uniformity in how things are down. There has been a trend in the 1980s and 1990s is to decentralise to provide greater flexibility. advantages â⬠¢ reduces the stress and burdens of senior management â⬠¢ it can empower local managers encouraging them to be more innovated and motivated. it reduces the volume of day to day communication between head office and the branches, therefore giving senior managers the time to consider long term strategy. â⬠¢ subordinates may have a better knowledge of local conditions affecting their areas of work. This should allow them to make more informed well judged choices, e. g. , salespersons have detailed knowledge of customers. â⬠¢ management at middle and junior levels are groomed to take over higher positions. They are given the experience of decision making when carrying out delegated tasks (management development). could allow greater flexibility and a quicker response to changes. If problems do not have to referred to senior management decision making will be quicker. Since decisions are quicker, they are easier to change in the light of unforeseen circumstances. disadvantages â⬠¢ reduction in uniformity may unsettle customers who expect every Sainsburyââ¬â¢s to look the same or for every McDonaldââ¬â¢s hamburger to contain just one slice of gherkin. â⬠¢ head office is in a position to measure the success of every aspect of the product and sales mix, therefore its instructions may prove more profitable than local managerââ¬â¢s intuition. Conclusion It is unlikely there will ever be complete centralisation or decentralisation. Certain functions within a business will always be centralised because of their importance, e. g. , decisions about budget allocation are likely to be centralised as they affect the whole economy. The decision to distribute profits is also taken only by a few. Some delegation is necessary in all firms because the limits to the amount of work senior management can carry out. Even if authority is delegated to a subordinate it is usual for the manager to retain responsibility.
Tuesday, January 7, 2020
Free Will And Redemption In The Kite Runner And Oedipus Rex
The themes of The Kite Runner and Oedipus Rex are free will and redemption. The author of each book shows how redemption is a major aspect in both stories by leading up to what each character did of their free will and showing the significance of how vile their mistakes were. Although the two authors thought the way to redemption was pain, the pain was very different in each book. In Oedipus rex, Oedipus took responsibility immediately and thought his redemption could only be fulfilled by exile and piercing his eyes so he could no longer see. Amir in The Kite Runner later took responsibility for his actions, he always felt guilt, never did he think he would find redemption but later he did. Amir met face to face with Assef the barbarianâ⬠¦show more contentâ⬠¦Then I knocked on Babaââ¬â¢s door and told what I hoped would be the last in a long line of shameful lies.â⬠(The Kite Runner page 104). Amir chose to try and get Hassan kicked out because he couldnââ¬â¢t bare the guilt he felt when he looked at him. Oedipus justifies my thesis of free will in Oedipus Rex when he causes his fatherââ¬â¢s death because of an altercation they had on the road. ââ¬Å"And to you, lady, I shall speak the truth. When traveling near that very triple road, a herald and a man riding there in a chariot, like the man you described, encountered me. Both the one in front and the old man himself drove me from the road with force. In my anger I struck the driver, turning me off the road, and the old man, when he saw, watched me as I passed the chariot and struck me on the head with the two-pronged goad. But he more than paid for it and soon was struck by the scepter from his very hand, lying on his back, at once thrown out of the car. I killed them all.â⬠(Oedipus rex page 38-39). Oedipus had no knowledge that the man he had killed was his father but that does not change the fact that they died at his hand. Not only did Oedipus killed his father he wedded and slept with his mother, which in any society w e see as wrong. ââ¬Å"O marriage, marriage, you brought me forth, and afterwards again you harvested the same seed and revealed father-brothers, children of kin blood, brides who were wives and mothers, and all else counted the most shameful acts by men.â⬠(OedipusShow MoreRelatedSimilarities Between Oedipus Rex And The Kite Runner1391 Words à |à 6 Pagesor destiny is present? Oedipus Rex and The Kite Runner are both profound works of literature that share two immensely universal themes, those themes being fate/free will and divine justice. These two themes are quite prominent throughout both pieces of writing and serve to facilitate a very humanistic connection between the audience and the story. Although both of these stories consist of the two themes mentioned, they each express them in a unique fashion. Oedipus Rex focuses more so on the conceptRead MoreOedipus Rex And The Kite Runner1367 Words à |à 6 PagesOedipus Rex and The Kite Runner are both profound works of literature that share two immensely universal themes, those themes being fate and freewill and divine justice. These two themes are quite prominent throughout both pieces of writing and serve to facilitate a very human connection between the audience and the story. Although both of these stories consist of the two themes mentioned, they each express them in a unique fashion. Oedipus Re x focuses more so on the concept of fate whereas The
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