Common & Civil Law in the Global Economy Assignment

Common & Civil Law in the Global Economy - Assignment Example This is achieved through a critical analysis of the past judicial interpretations of the law in search for advice. On the contrary, common law refers to a legal system principally based on past judicial opinions. The past judicial opinions postulate prior interpretations of the legislation, which provides a better guidance as compared to literal requirements as in the case of civil law. This implies that, as much as common law systems develop their laws over time, the laws may be altered by single ruling (Emerson, 2009). As such, common law perpetuates a legal system that is more flexible and expeditious. The most prominent difference between common law and civil law is based on their methodological approach towards statutes and codes. In this regard, common law is dictated by customs while civil law is bound to written codes which have to be abided by the courts inexorably. Thus, legislation is the main source of law in countries which embrace civil law system. This implies that judges make their decisions based on the laid down statutes and codes. Common law legal systems are dominant in commonwealth countries. According to Emerson (2009), this is attributable to their shared British heritage. On the other hand, civil law is predominant in most countries in the globe, especially in the Europe continent and Latin America. Thus, basing on the foregoing discussion, Civil law is the best legal system in the global economy. In this regards, civil law seeks to resolve non-criminal disputes which include disagreements in contracts, divorce, damages for personal and property damage, child custody and property ownership. It covers a profusion of areas which are rife in the global market system. They include employment law, consumer law, entertainment law, international law, animal law, agriculture law, business law, tax law, family law, negligence, intentional torts like battery, assault, slander, defamation and libel, inter alia. In conclusion, common law

Answer 7 questions - each for at least half-page - 4 pages total, no Essay

Answer 7 questions - each for at least half-page - 4 pages total, no citations - Essay Example Islam is also depicted as fostering outright anti-Semitic behavior by exhibiting articulated anti-Christian and anti-Jewish bias. As such, Islam is depicted as fostering segregation of other world religions. The other stereotypes about Islam is that it promotes gender inequality and misogyny by rubber stamping female oppression in terms of spiritual status, social roles, and rights in Islamic marriage (Mazur 244). The other stereotype relates to the perception that Muslims believe in an angry God who sanctions suicide bombings and terrorism. Islam is also depicted as entrenching primitivism and societal limitations on its believers. Prophet Muhammad is regarded as the founder of Islam when he was ordered by God to divulge the holy Quran detailing directions and instructions that all Muslims should follow. Muhammad declined to be polytheist and opted to worship One God, the God of Abraham. When he was 40, Muhammad received the first of the numerous revelations when he was mediating in the cave of Hira. In the â€Å"Night of Power and Excellence,† Muhammad received a revelation from God through angel Gabriel in which he was commanded to â€Å"Recite.† In his response, Muhammad contended that he had nothing to recite, but the angel continued twice more leaving him bewildered and afraid. Later on, Muhammad acknowledged God as the â€Å"most Generous One.† In the revelations, Muhammad was commanded to express the Divine message as the last messenger of God. Muhammad confirmed the authentic teachings of prior prophets and rectifying innovations or mistakes of prior monotheistic faith traditions. The Vedas are regarded as constituting the earliest literary record of Indo-Aryan civilization and the most sacred. The Vedas detail the original scriptures of Hindu teachings and detail spiritual knowledge on all spheres of life. Vedas represents a large body of texts, which emanate from ancient India and that were created in Vedic

Skokie vs. Collin Essay Example for Free

Skokie vs. Collin Essay In Skokie, Illinois Frank Collin wanted to march in the Village of Skokie, Illinois. Skokie had the most Jewish residents per capita in the United States at the time. His political views are representing the National Socialist Party of America because he was a regional leader of the organization. Frank Collin was eventually granted permission to march by the seventh United States circuit court of appeals by the ruling, â€Å"1st amendment is King†. The court also determined that the government couldn’t restrict expression because of a message, idea, subject matter, or content. In the case of Collin vs. Smith, I disagree with the ruling of the seventh US circuit court of appeals. Some people agree with the ruling because if the government were to deny the NSPA the right to march, it could have given the party even more political leverage against the very people who disagree with them. The NSPA could claim the unconstitutionality of the case ruling and would raise more political attention than they had already received. While society wants to morally deny the NSPA the right to march in a public park and express what some may refer to as hate speech, which only instills more political power in the NSPA. I disagree with this stance because if the court denies Frank Collin and the NSPA the right to march, than the court is not granting more attention and political power to them, it is simply following the rules established in the constitution. The NSPA could not use this court ruling against the United States to appeal the decision even further. This ruling would be consistent with all other forms of hate that were denied the freedom of expression. The marches, which were to take place, were certainly in the wrong place at the wrong time and in the wrong manner to promote general welfare and ensure domestic tranquility. Also, I disagree with the ruling of the court because the first amendment does not protect all speech such as hate speech, slander or libel. The signs that the NSPA had were promoting the death of Jewish people and all other non-white Americans or â€Å"anglosaxon descent†Ã¢â‚¬â„¢. This is hate speech and is not protected by the first amendment. The written Libel on the signs has a malicious tone and the spoken slander by the Socialist party violates the first amendment. In conclusion, I disagree with the ruling of the seventh US circuit court of appeals in the case of Collin vs. Smith. The court decided that Collin had every right to demonstrate his ideology in a peaceful protest as protected by the first amendment. This ruling serves no justice because the socialist party was violating the exceptions to the first amendment such as hate speech, libel, and finally slander. The demonstrations did not promote general welfare, and violated the tranquility of others.

The Physical Discipline Of Children

The Physical Discipline Of Children To raise a child of any age comes with many difficulties for caregivers. Most parents strive towards raising children that are responsible, independent and respectable. There are a few schools of thought to disciplining children. One may be to apply discipline by teaching and the other to physically discipline a child as a means to correcting inappropriate behaviors. The Encarta Concise English dictionary defines discipline as To teach somebody to obey rules or to behave in an ordered or controlled way (Discipline, 2001, p. 409). Physical discipline is based on the use of fear as the motivator to changing a childs behavior. Behaviors that do not result in significant physical injury (i.e. spank, slap) are considered corporal punishment, whereas behaviors that risk injury (i.e. punching, kicking, burning) are considered physical abuse (Gershoff, 2002) Parents who use either form of physical discipline with children need to understand the damaging effects it can have on a childs emotio nal, moral and social development. Emotional Development A childs self esteem is developed through caregivers offering encouragement, acknowledgement and nurturing their range of emotions. Recognition of emotion is particularly important because it represents the early utilization of social cues on which childrens subsequent interpretation and behavioral responses will depend. (Cicchetti, Hormung, Pollak, Reed, 2000, p. 680) Using physical discipline as the motivator for altering a childs behavior affects their emotional stability. Being slapped or spanked is a frightening and threatening event that arouses strong negative emotions such as humiliation, sadness, and anger.(Straus, 2005, p.145) The use of punitive measures is in direct opposition to what disciplining is meant to achieve and may affect a childs development. They may be slow to reach milestones in social and physical development. (Crosson-Tower, 2004, p.191) Physical discipline affects the childs feelings of acceptance and they tend to respond with destructive impulses, rathe r than positive responses. Children and adults reared in abuse have had their senses trained in such a way that to use them for receiving or transmitting positive messages is not part of their communications system. (Helfer, 1980, p.38) Parents and caregivers need to help the child develop self confidence, self reliance and self discipline. Children who recognize self efficacy by being offered simple choices begin to develop moral insight. Moral Development Discipline, whether positive or negative, develops a childs perception of themselves and defines their moral understanding of how they should behave. A child who learns hitting is acceptable may be confused, because in many other areas of their life; school, daycare and recreational activities, hitting is unacceptable. It is in direct contradiction to what they learn at home which in turn becomes a value. In addition, children exposed to physical discipline are more susceptible to becoming abusers themselves (Newman, 1993). Parents who are not armed with the proper parenting tools become frustrated and angry about controlling their childrens behavior. Straus (2005) says, spanking has roots in two cultural myths; one, spanking is okay if done by a loving parent and two, spanking will work if all other methods of discipline fail (p. 140-141). Parents who understand their childrens ability to internalize all discipline measures, also realize they are developing their childrens values. C hildrens internalization of morals is thought to be enhanced by parental discipline strategies that use, minimal parental power, promote choice and autonomy and provide explanations for desirable behaviors (Gershoff, 2002, p. 1) The short term consequences of physical discipline will undermine the childs developing moral understanding and further debilitates their social development. Social Development The expression of abuse with a physically disciplined child becomes apparent when their interaction reveals itself by their behavior with other children. A child who is physically disciplined at home is traumatized. A study conducted by Marin Beezly (1977) suggests that children were more alert to their environment and cautious of peripheral danger around them (p. 375). Therefore, the resulting animosity that has built up is misdirected to whomever the child comes into contact with outside of the home which is usually learning centers such as schools. In a research study conducted by Eckenroder, Doris Laird (1993) reportings on pre-school children demonstrated that children who have been physically disciplined showed aggressiveness and were more likely to be disciplined from teachers than children who have not been mistreated (p.54). Children who are unable to cope with their pent-up aggression react in a negative way in the school environment. For the abused child, the lack of soc ial responsiveness becomes more striking. (Tower, 2002, p. 49) The physically disciplined child who matures and enters high school with multiple disturbed behaviors reveals other social and psychological impairments. Insecure attachments to their mothers, lower intelligence scores, impaired language development, lower levels of cognitive maturity and effectance motivation, more negative affect and less positive effect, less pro-social behavior, and more aggressive and non-compliant behavior. (Eckenroder, Doris and Laird. 1993. p.57). Therefore, the initial bond between child and parent is vital in the development of the child. A strong child-to-parent bond is important because children are more likely to accept parental restrictions and follow parental standards if there is a bond of affection with the parent. (Straus, 2005, p. 146). If the trust is diminished from their primary source, namely the communication between parent and child, the bond and relationship is strained. Thus, a childs friendship with other children, siblings and even family members are greatly affected which causes anxiety with the child. Conclusion In summation, the raising of children presents many challenges for caregivers. The goal of raising children to be responsible, independent and respectable individuals is an arduous task. In the teaching method of disciplining, a goal is to strengthen self discipline and personal control so that caregivers relieve themselves of parenting by the time the offspring leaves home. To reach these goals, parents must make sure their children learn the skills involved in problem solving and making decisions. Conversely, correcting inappropriate behaviors by physically disciplining children have long term consequences which will greatly hinder the childs development as they mature. The short term results of physical discipline on a childs development manifests long term effects, characterized by low self esteem coupled with morals which contradict the values of society. Annotated Bibliography Beezly, P., Harold Martin, P. (1997, June). Behavioural observations of abused children. Developmental Medicine and Child Neurology, 19, 373-387. Retrieved from http://ibs.colorado.edu/cspv/infohouse/violit/violitDetails.php?recordnumber=3191vio_nam=violit A behavioural observation of abused children is an article derived from Developmental Medicine and Child Neurology, written by Patricia Beezly and Harold Martin. The article focus on how childrens development is directly affected by being physically disciplined by their parents or caregivers. The authors appear to support the claim that children should not be physically discipline by using case studies and statistics. Cicchetti, D., Hormung, K., Pollak, S. D., Reed, A. (2000). Recognizing emotion in faces: Developmental effects of child abuse and neglect. Developmental Psychology, 36(5), 677-688. Retrieved from http://psych.wisc.edu/pollak/pdfs/recognizing_emotion_faces_devpsych.pdf. This article is a study by Cicchetti, Hormung, Pollak and Reed with the hypothesis being the lack of recognizing certain emotions as a direct correlation to physical discipline. Utilizing social cues and how the child interprets and responds to them is important for their development and further predicates the childs familiarity of negative environments. The writer understands the premise however the stats seemed weak in respects to differentiating between normal treated children and physically disciplined children, yet clearly neglected children showed the least responsiveness to the tests. Nevertheless, the outcome supports the paper in regards to physical discipline affecting the physicality of children to their reaction of emotions. Crosson-Tower, C., (2004). Exploring child welfare: A Practice Perspective. Pearson Education, Inc. Cynthia Crosson-Tower, examines the protection of children in chapter 7 titled Protecting Children When Families Cannot-Child Abuse and Neglect. Her premise, non accidental injury inflicted on a child defines the quintessential meaning of physical abuse to children. In reference to the paper, the writer needed to support the argument of physical discipline being detrimental to the development of childhood milestones. Discipline. (2001). Encarta concise english dictionary. London. The definition of the word Discipline was found in the Encarta Concise English Dictionary. The relevance of the term being added to the research paper is so the reader has an accurate meaning of the conveyed idea. Eckenroder, J., Doris, J., Laird, M. (1993). School performances and disciplinary problems Among abused and neglected children. Development Psychology, 29(1), 53-62. Retrieved from http:// http://www.sciencedirect.com/science/journal/00121649. Eckenroder, Laird and Doris ascertained data from a school and examined stats from kindergarten to grade 12 in their study. The study, for instance revealed the personalities of pre-schoolers as aggressive and requiring more attention from the teachers. The writer found the study helpful to the paper in supporting that physical discipline is exposed upon contact with learning centers such as daycares and schools. Gershoff, E. T. ( 2002). Corporal punishment by parents and associated behaviors and Experiences: A meta-analytic and theoretical review. Psychological Bulletin, 128 (4), 539-579. doi: 10.1037/0033-2909.128.4.539 This review paper by Gershoff anticipates the use of physical discipline or corporal punishment as detrimental to child behaviors and experiences as relative to pain. The review was helpful in defining how the study differentiated between corporal punishment and physical abuse, yet the bias was supported by Gershoffs findings. Kemp, C.H. Helfer, R.E. (Eds.) (1980). The Battered Child (3rd. Ed.). Chicago:University of Chicago Press. In chapter 3 titled Developmental Deficits Which Limit Interpersonal Skills, of the text The Battered Child, Ray Helfer explores how senses vital to our development can be affected by abuse. Senses are developed by the childs environment and when these external forces are not positive and safe the child suppresses and mutes their own development. Helfers focal points on interpersonal skills such as delayed gratification, responsibility, decision making, problem solving, trusting others, feelings and action are affected by childhood deficits. Newman, F. (1993). Children in Crisis. Scholastic Canada. Children in Crisis, is a book written by Fran Newman. It covers topics on different types of child abuse, precipitating factors to the events leading to abuse and the impact on family dynamics. This book was somewhat helpful, although the focus appeared to be more on family structure and values, rather than how child abuse directly affects a childs self esteem and other developmental stages. Straus, M.A. (2005). Children should never, ever, be spanked no matter what the circumstances. In D. R. Loseke, R. J. Gelles M. M Cavanaugh (Eds.), Current Controversies about Family Violence (2nd ed., 137-157). Thousand Oak, CA: Sage. Retrieved from http://pubpages.unh.edu/~mas2/CP67%20Children%20Should%20Never%20be%20Spanked.pdf This article written by Murray Straus was located through Google Scholars search engine. The author presented relevant and accurate information on the topic of child development and the ineffectiveness of physical discipline on children. Although the article was interesting, the use of language and vocabulary may present an entry level university student with great difficulty when attempting to read and retain the information. Tower, C. (2002). Understanding child abuse and neglect. ( 5th ed.). Boston, MA: USA Cynthia Crosson-Towers in chapter 3 Maltreatment and the Developing Child, studies early childhood development. Infants that have not had the stimuli of care do not reach the required milestones outlined for that age. Milestones, as a standard measurement for development has shown that it is vital that children reach each phase and move onto the next phase for proper development. The material covered in the text was succinct and clear for the understanding of childhood development.

Albergo Diffuso: An Alternative Form of Hospitality Essay -- Tourism

The defining features of the albergo diffuso. â€Å"Like a holiday apartment, an albergo diffuso allows travellers to join in village life, but the bonus is that it offers the basic services of a hotel† (Williams, 2010). In order to gain a full comprehension of the new concept, some of the salient features of this phenomenon must first be discussed. To be able to earn its name, an albergo diffuso hotel is required to meet several criteria. First, the initiative should come from within the community and a hotel must use existing buildings and local workforce. Second, the minimum number of rooms required is seven; they all should be located within 200 meters from each other. Third, the area must have some minimum services offered, such as a restaurant, a grocery store, a pharmacy. Last, local residents should be part of the experience: it's their open and welcoming attitude that makes a guest's stay memorable (Dichter). In addition, an albergo diffuso hotel must retain unique local touch to differentiate itself from uniform accommodations. Dall'Ara insisted on recovering the origins of a local culture and preserving a strong sense of place. Being a part of the historic centre, abandoned buildings gain new life and naturally stand out from traditional and boring style of cookie cutter structures (Fortney-Schneider, 2011). For example, the countryside in the Marche region offers the traditional Italian village lodging, while the town of Matera features unique grottoes-type hotel rooms with atmosphere of a typical twentieth century cave dwelling. The renovations in each village carefully preserved detailed period decor to ensure the guests have a truly authentic experience and enjoy the sense of ease and tranquility of the bygone times (... ...â€Å"Saving Towns by Filling Rooms† by Gizela Williams that appeared in the May 2010 issue of The New York Times (New York Edition). A featured article from blog community insidersabroad.com. Valerie Fortney-Schneider More Than a Mere Hotel: Albergo Diffuso is a Welcome Alternative October 2011 the brochure The innovation â€Å"Albergo Diffuso Developing Tourism Through Innovation and Tradition†. IDEASS Italy www.ideassonline.org by Giordano Dichter a research paper â€Å"Albergo diffuso† concept as a new offer in rural area. Pavlo Ruzic, Marinela Dropulic. Institute of Agriculture and Tourism, Porec a case study â€Å"A typical Italian phenomenon: The â€Å"albergo diffuso† Marco Confalonieri, Inoversita Cattolica del Sacro 2010 Tourism Management database a January 2012 article by Amà ©lie Racine titled â€Å"Albergo Diffuso: An alternative form of hospitality† from tourismintelligencego.

why i dont want to submit this essay :: essays research papers

One of Frost’s commonest subjects is the choice the poet is faced with two roads, two ideas, two possibilities of action. â€Å"The Road Not Taken† deals with the choice between two roads, and with the results of the choice which the poet makes. It raises the evident question of whether it is better to choose a road in which many travel, or to choose the road less traveled and explore it yourself. In â€Å"The Road Not Taken,† the speakers’ tone and setting help illustrate the struggle a person goes through in their lives to pick the right road to travel. It is possible to read this poem as a statement of some self-pity on the poet’s part, a feeling, perhaps, that he has been cheated and misunderstood because he took an unpopular path. To support this tone, one might point to the last stanza: The speaker will some day, sighing, tell others that he took the unknown road when faced with a choice. The reading, however, misses much of the significance of the second and third stanzas. At the end of the second, the speaker states that there was really not much difference in the two roads; neither had really been worn by traffic, though one had been given more wear than the other. It becomes obvious that the speaker’s tone begins to change. It becomes a little more confident, not much, but definitely less confused and scared than he was earlier. The first glimpse of this change in tone is in the eighth verse where he says, â€Å"because is [the second road] was grassy and wanted wear.† It also shows that the speaker may not want to be like everybody else, a follower, but instead, chose a different road and be himself, a leader. This verse also says that the road wanted wear, like he was drawn to the path, not just out of his own desire to be different, but maybe out of some pity. That pity being that the road is traveled less not because it is not appealing, but that people are too afraid to be different. Verse 12 is interesting when the speaker says that, â€Å"In leaves no step had trodden black,† which the reader could interpret meaning that few people who did choose to take the road less traveled did not come across any difficulties or obstacles. He then goes on to say that, â€Å"Oh, I kept the first for another day,† as to say

Shakespeare’s Early Life

Although we have many records of his life as a citizen of Stratford, including marriage and birth certificates, little is known about William Shakespeare†s early life and formal education. Due to his success, many would assume that Shakespeare was born and raised in a wealthy noble family but he was actually raised in what would have been considered a middle class family in their time. He was born to middle class parents who lived in Henley Street, Stratford. His father, John, a local businessman made a living as a glove maker and owned his own leather shop. He was a well-known and much respected man that held several important local governmental positions including that of Borough ale-taster to bailiff, the highest public position of office in Stratford. William spent most of his childhood in the small English town of Stratford-upon-Avon. In the sixteenth century, the town was an important agricultural center and market place. â€Å"It is safe to assume that Shakespeare attended the local grammar school that was built and maintained expressly for the purpose of educating the sons of prominent citizens with the sons of burgesses attending free. â€Å"The King's New School was staffed with a faculty of teachers who held Oxford degrees, and whose curriculum included mathematics, natural sciences, Latin language and rhetoric, logic, Christian ethics, and classical literature. â€Å"2 As well as a strong grounding at grammar school, the other significant educational opportunity afforded all middle-class Elizabethans was the mandatory attendance at church where they read either the Geneva or the Bishops' Bible. The ‘Authorized† or King James Bible was not studied by William, as it was not published until the year 1611. Shakespeare did not continue his education and attend the university, since university education was reserved for prospective clergymen and was not a particularly mind-opening experience. However, the education he received at grammar school was excellent, as evidenced by the numerous classical and literary references in his plays. More impressive than his formal education, however, is the wealth of general knowledge exhibited in his works, from a working knowledge of many professions to a vocabulary that is far greater than any other English writer. William Shakespeare married his wife, twenty-six year old Anne Hathaway, at the age of eighteen. Their first daughter, Susanna, was baptized only six months later, which has given rise to much speculation concerning the circumstances surrounding the marriage. In 1585, twins, Hamnet and Judith Shakespeare, were born to the couple. Hamnet died at the young age of eleven by which time Shakespeare had already become a successful playwright. Around 1589, Shakespeare wrote his first play, Henry VI, Part 1. Sometime between his marriage and writing this play, he and his wife moved to London, where he pursued a career as a playwright and actor. In London, he formed an acting company in which he was shareholder, actor, and playwright. â€Å"1 In 1594 Shakespeare became a charter member of The Lord Chamberlain's Men, a group of actors who later changed their name to The King's Men when they gained the sponsorship of King James I. Just a few years later he was considered the â€Å"principal comedian† for the troupe and then later became the â€Å"principal tragedian. † Despite the fact that during this time acting and playwriting were not considered noble professions; successful and prosperous actors were relatively well respected. Shakespeare was, in fact, very successful in his career and he became quite wealthy in the process. He invested his money in Stratford real estate and was able to purchase the second largest house in Stratford, the New Place, for his parents. In 1596, Shakespeare applied for a coat of arms for his family, in effect making himself into a gentleman, and his daughters married successfully and wealthily. William Shakespeare lived until 1616 while his wife Anna died in 1623 at the age of sixty-seven. He was buried in the chancel of his church at Stratford. While Shakespeare is best known for his plays, he also wrote some of the most beautiful sonnets ever produced in the English language. â€Å"His sonnets employ-and occasionally mock-such traditional Petrarchan themes as blind devotion, the value of friendship, and love†s enslaving power. â€Å"1 Together Shakespeare†s plays and sonnets have had an enormous influence on the development on the Modern English language. More famous than his sonnets, Shakespeare†s plays constitute the most significant corpus of dramatic literature in the world. Secular drama was Renaissance England†s most original contribution to the humanistic tradition. Shakespeare took the plots for most of his plays from classical history, medieval chronicles, and contemporary romances, but he used such stories merely as springboards for the exploration of human nature-the favorite pursuit of all Renaissance humanists. â€Å"1 Love, sex, jealousy, greed, ambition, and self-deception are among the definitive human experiences Shakespeare examined in his plays. It can be concluded that Shakespeare†s drama is the first Western Literature to probe the psychological focus that motivates human action. His plays communicate a profound knowledge of the wellsprings of human behavior as revealed in his masterful characterizations of a wide gamut of humanity. The skillful use of poetic and dramatic means to create a unified aesthetic effect out of a multiplicity of vocal expressions and actions is recognized as an achievement unequaled in other literature. Finally, Shakespeare†s employment of poetry within the plays to express the deepest levels of human motivation in relation to individual, social, and universal situations is considered one of the most astounding accomplishments of the human intellect.