Public Finance-Social Security Insolvency Essay

Public Finance-Social Security Insolvency - Essay Example At the initial stage of this program, permanently disabled soldiers and widows of soldiers were given the benefits of social security policies. The most noted disadvantage of this program is that it had not designed any provisions for the Confederate side veterans and families. In order to remove the inefficiencies of the program and to coordinate the whole unions of soldiers, this program was restructured later and thereby all unions of soldiers got the benefit of the program regardless of the intensity of their injuries. Due to the expansion of the program, the federal government was driven to spend more than one third of its funds to meet the military pensions in 1984. The United States was shaken by the great depression of 1930 when millions of Americans lost their jobs and struggled to meet the livelihood. The event prompted the thoughts of a comprehensive social security system for the survival of the weakest in times of such severe situations. Franklin Roosevelt became the pre sident of America in 1932 and the depression was at its intense stage in this period. He was the first person who suggested an idea of social insurance in America although it was characterized by several weak aspects. Roosevelt’s idea was the milestone in the history of social security programs and it was molded into its present form subsequent to various amendments of Roosevelt’s basic frame. ... This plan persuaded the workers to set aside a specified percentage of their income to a separate account so that they can use this amount to meet the monthly expenses after retirement. Subsequently, Social Security Act (SSA) came into force in 1935. Since 1935 the SSA system has been exercising in US with relevant modifications in accordance with changing economic situations and population of the country. Currently, social security system in United States is known as Federal Old-Age, Survivors, and Disability Insurance (OASDI) program. Deaven and Andrews (vii) lists other social security programs which include â€Å"Unemployment Insurance, Temporary Assistance to Needy families, Health Insurance for Aged and Disabled (Medicare), Grants to States for Medical Assistance Programs (Medicaid), State Children’s Health Insurance programs (SCHIP), and Supplemental Security Income (SSI). 2. Causes of the anticipated insolvency: Anticipated insolvency or expected insolvency is a threa t to business as it leads the business to failure in the near future. Insolvency may occur in small businesses as well as in big businesses although small business ventures have more possibility to confront with it. There are large numbers of causes for anticipated insolvency. Lack of working capital is the main cause of anticipated insolvency as it interrupts the smooth running of the business (The 65 most common reasons for business failure). The inadequate capital resources cause to diminish the management incompetence which is the catalyst that leads the business upwards. The thoughtless managerial decisions, unfair issue of credits, and unnecessary purchases are the major factors which create the situation of capital deficiency. Unforeseen contingencies like floods,

Teaching Micro-skills of Listening Research Paper

Teaching Micro-skills of Listening - Research Paper Example While Attention Theories support the use of â€Å"consciousness-raising activities to increase learners’ awareness of grammatical structures† conversation theories associated with Communicative Language Teaching â€Å"stress the importance of second language listening since it is not possible to participate in a conversation and take advantage of conversational feedback without understanding what your partner is saying† (Horwitz, 2008, p. 67). It is thus evident that sufficient exposure to the target language is an essential prerequisite for developing any micro-skills of listening. In an EFL classroom listening plays a dominant role and as such the ESL teachers have a pivotal responsibility in choosing the most appropriate activities and listening comprehension passages that cater best to the language needs of the learners. The second language teacher needs to take into account the background knowledge of the learner on a particular topic and familiarize the con tent of the listening comprehension through effective previewing. Similarly, the use of advance organizers â€Å"to help integrate new information into the student’s pre-existing knowledge† also is significant (Horwitz, 2008, p. 68).  Ã‚   Once the listening comprehension text (oral or written) is offered to the learners with ample meaning support the learners need to recall the ideas they are able to remember and for this, the teacher can make use of recall questions to elicit responses from the students. These listening comprehension questions should be both engaging and appropriate. Similarly, inference questions can also be made use of in order to assess whether the students have understood the oral or written text correctly. Intonation (rising and falling of the tone of voice) is another aspect that is related to effective listening skills.  

A Rose for Emily by William Faulkner Essay Example for Free

A Rose for Emily by William Faulkner Essay A Rose for Emily is a short story by American author William Faulkner. It tells about an old woman named Emily Grierson lives in the town of Jefferson. The tale sets in the early nineteen hundreds, it opens with the town finding out about Emily’s death. Through the whole story, people learn of the life and times of Emily, her relationship with the town, her father and her lover. People find out the truth that Emily was hiding at the end of the story. There are many different symbolisms in the story Among all of the symbolisms , the monument, the frame, the grey hair, the house and a rose are the most important and thoughtful ones throughout the entire story. The monument appears in the beginning of the story as the first symbolism. â€Å"When Miss Emily Grierson died, our whole town went to her funeral: the men through a sort of respectful affection for a fallen monument†(A Rose For Emily). Faulkner calls Emily a fallen monument, it also could understand as an idol in a niche. It shows that how the town views her and to connect her to the idea of the old, genteel Southern ways. The modern townspeople dont know what to do with her, and she is so closed off to them, but they respect her enough to just leave her alone. Like Faulkner states, she was like a statue only representing a real, living person and thus she passed from generation to generation dear, inescapable, impervious, tranquil, and perverse. In her old age she is seen as a monument to the past that is never seen outside of her house. All of the respect that her father had earned died with the old men and women of the town. Frames also seem to be symbolic in A Rose for Emily. One of the examples is the scene where the narrator is describing Miss Emilys father as standing in the foreground and framed by the doorway as he held would be suitors at bay. Meanwhile Miss Emily is framed in the background. Emily’s father. Mr. Grierson is a controlling, looming presence even in death, and the community clearly sees his lasting influence over Emily. Also he references framing with reference to her crayon picture of her father in the gold frame. The whole story is framed in the idea of traditions dying out as time passes. monument who left a part of her behind in the grey hair. The single grey hair on the pillow is another symbolism. The old hair on the pillow signifies that Emily is a history in the town now, lying with corpses as all that she has had to be proud of is also dead. Her desperate attempt to maintain a hold upon the past has failed and she is a fallen angel’. The house that Emily lives in is a symbolism that shows the decay as Emily begin getting older and older. The house at one time was one of the most beautiful homes in the whole town of Jefferson. In Emilys youth the house was always well kept. As Emily aged so did the house she lived in. The street she lives in from the symbolic of high class became the worst for the entire town. With faded paint and an unkempt yard it even began to smell at one point. The men of the old Jefferson would never tell a lady that her house smelled so they cured the smell themselves. It would seem that the house and Emily where connected in a way. Both of them had grown old and lost their brightness. The house was also looked at in the same way as Emily. Emily lost her mind and her looks. The house lost the beauty it once held due to old age. They where looked at as a monument to the past. The most important symbolism among the all in A Rose for Emily is in the title itself. The rose is most often thought of as a symbol for love in the case Homer is the rose or love for Emily. Her father thought there was no man was good enough for her or for the Grierson family. Therefore she was never able to experience passion or the rose of love until she met Homer. The rose for Emily is hope, and passion. However, there is another meaning of rose to consider. However, the rose in the title of the story could therefore stand for Emilys secret; that is Homer her rose whom she cherished, loved and kept to herself even after his body was corrupted by the decay of time. While Faulkner had many symbolisms in A Rose For Emily, the symbolisms of the monument, the frame, the grey hair, the house and a rose are the most important and worthful ones throughout the entire story. Author William Faulkner truly wrote a wonderful story about an old women who loses her mind. A Rose For Emily uses different symbolisms to show the way in which people all grow old and decay, it tells a story of fallen angel Emily’s life.

Consent Of An Intoxicated Victim Rape Law Essay

Consent Of An Intoxicated Victim Rape Law Essay Provisions of the sexual offences 2003 act In times gone by, the offence of rape was defined as the carnal knowledge of a woman forcibly and against her will.1 The offence was initially silent on the issue of mens rea and it was not until DPP v Morgan2 that its inclusion and the effect that this had on mistakes about consent was established. The House of Lords held that a trust in consent, even if irrational, would go against mens rea provided that the trust was honest. Although subject to a measure of criticism, such as that it represented a rapists charter,3 this is still the approach to the offence in the common law jurisdictions. Rape requires evidence of the physical essentials of penetration without consent and also the mental aspect that the offender not only intended to penetrate but knew the victim was not consenting or was careless as to whether the victim was consenting.4 carelessness is generally understood subjectively to mean that the offender was conscious that it was probable that the victim was not consenting but continued in any case.5 s 1 defines rape. Intercourse is complete upon proof of penetration by the penis and being complete means that it is has come into existence, not that it has reached an end. It is not necessary to prove that the hymen was broken. Part of the actus reus is that the victim does not consent. 1 St G Tucker, Blackstones Commentaries (William Young Birch and Abraham Small, IV, 1803) 210. 2DPP v Morgan [1976] AC 182. 3J Temkin, Rape and the Legal Process (Sweet Maxwell, 1987) 79. 4Crimes Act 1900 (ACT) s 54; Crimes Act 1900 (NSW) s 61I and s 61R(1); Criminal Law Consolidation Act 1935 (SA) s 48; Crimes Act 1958 (Vic) s 38. 5 See DPP v Morgan [1976] AC 182, 215; Satnam and Kewal (1983) 78 Cr App R 149; Turrise v R [2003] ACTCA 23; R v Brown (1975) 10 SASR 139; Wozniak and Pendry (1977) 16 SASR 67, 175. s 2 This was a new offence that didnt exist at all previous to the 2003 Act. The actus reus can be that accused uses a part of his body to penetrate victim as in rape, but orally is not included in this offence, and what he penetrates victim with can be his penis or it can be anything else, eg fingers, bottle, anything, and the victim must factually not consent. The crossover with rape will operate if the victim is unable to determine what she was penetrated with perhaps because she was intoxicated, injured or asleep. The mens rea is intention. As with rape, this offence requires a reasonable belief in consent and can be committed recklessly as a result of that. It is therefore a basic intent crime which means that evidence of no mens rea due to involuntary intoxication will be a defence R v Majewski [1977] AC 443. Sexual is defined at s 78 of the 2003 Act. s 3 This offence is akin to the old offence of indecent assault under the 1956 Act, other than the s 3 offence here req uires that D touch V in the circumstances described. The old law only required an assault, which of course need not have involved actual touching. Under the common law in R v Rolfe [1952] 36 Cr App R4 D was guilty of an indecent assault when he walked toward V with his penis exposed. This would not satisfy the s 3 offence now. However, R v H [2005] EWCA Crim 732 shows that only the slightest touch to Vs clothing in a sexual way will suffice. Sexual is defined ats 78 of the 2003 Act, and Ds belief in consent must be reasonable. s 4 The actus reus is not complete unless V factually engages in a sexual act at the instigation of D and V factually does not consent. Sexual is defined at s 78 and Ds belief, if he is to escape liability, must be a reasonable one that V consents. There is no requirement for D to be present when V engages in the activity. Causing V to masturbate herself or causing V to engage in acts of prostitution are examples that would fit s 4. s 61 Administering a substance can be done in any manner, eg in food or drink, by injection or by way of inhalation (perhaps on a smothering cloth or in vapour held under the nose whilst V is asleep). D must administer the substance or cause a third party to do so and while a sexual activity must be intended it need not be D who it is planned will engage in it with V. V must factually not consent and D must be aware of this a mere belief that V might not consent is insufficient. s 74 provides that: a person consents if she agrees by choice, and has the freedom and capacity to make that choice. The definition is based on free agreement. s 75 A conclusive presumption means that the presumption will apply, in this case that V did not consent, if the relevant act is proven to have occurred (the sexual act) and the circumstances described are proven to have occurred (eg D deceived V as to the nature of the sexual act). D will then be presumed to have not had Vs consent and there is no opportunity for him to argue that he did have it. The requirements of force and lack of will were replaced by the perception of consent in the mid 19th century. The turning point was the case of R v Camplin,6 where a woman was penetrated after being made drunk by the accused. Faced with no indication of force against the victim, the House of Lords decided that there could be rape if the penetration took place without the consent and against the will of the victim. In focusing on consent rather than force it has been argued that the offence does not capture the real nature of rape.7 Feminists have articulated several apprehensions about whether the focus on consent sufficiently protects women.8 Firstly, an objectionable consequence of making the consent of the victim the central question has been that criminal trials tend to focus on the conduct and sexual history of the victim rather than on the conduct of the accused.9 A second criticism is that the everyday use of the term consent does not satisfactorily distinguish between cases in which the victim submits out of fear and cases in which she is prepared to engage in sexual intercourse.10 6 R v Camplin (1845) 1 Cox 22. The decision was confirmed in R v Fletcher (1859) 8 Cox 131. 7 V Tadros, Rape Without Consent (2006) 26 Oxford Journal of Legal Studies 515, 516. See also V Tadros, No Consent: A Historical Critique of the Actus Reus of Rape (1999) 3 Edinburgh Law Review 317, 330. 8For further discussion see P Western, Some Common Confusion About Consent in Rape Cases (2004) 2 Ohio State Journal of Criminal Law 333-359. 9 Tadros, above n 10, 326. 10 Ibid. Finally, it has been argued that the theory of consent cannot be determined reasonably while jurors and judges rely on their predictable views about sexual roles in their assessment of consent such as, put bluntly, yes means no; that women fantasize about being raped; or that women could resist if they really wanted to.11 Voluntary intoxication vs forced intoxication There is a well-established link between the use of commonplace intoxicants like alcohol and sexual assault. Estimates vary between studies, but it is generally accepted that alcohol has been consumed by one or both parties in a high proportion of rape cases. Alcohol has thus been suggested to be both a precipitant of, and an excuse for, sexual aggression by men (Richardson and Campbell, 1982; (Richardson and Hammock, 1991). In addition, alcohol use has been studied as a risk factor for sexual victimization, since it lowers awareness of risky situations and impairs the ability to resist assault (Abbey, 1991; Berkowitz, 1992). Four of the simulations involved alcohol, with the key variable relating to the means of administration to the complainant: (1) unambiguous self-administration; (2) self-administration under pressure from the defendant; (3) surreptitious strengthening of an alcoholic drink by the defendant; and (4) surreptitious administration into a non-alcoholic drink by the d efendant Present Scenario The existing situation where there is no statutory definition of consent to any sexual act which might otherwise be a crime is far from perfect, leading to a lack of lucidity for the complainant, the accused and the Jury. The positive impact of a lucid definition should also be felt outside the courtroom, preventing at least some acts of sexual violence. It would seem best that an alternative expanded and more inclusive definition of consent should have as its primary focus the conduct of the accused rather than that of the complainant, as far as possible, with the aim of 11 See Victorian Law Reform Commission, Sexual Offences: Interim Report (2003) 310. avoiding protracted, hostile and thorough cross-examination of the complainant on matters which are often of doubtful bearing to any real issues in the case. Of course, fairness to the accused is a crucial principle. However, no less crucial is the framing of the law to circumvent needless suffering of survivors of sexual aggression by grilling, as there can be no doubt that apprehension of such an ordeal operates to augment the pace of erosion. Is the present definition of consent inadequate Now it is time to endorse a new extended all-inclusive definition of consent which incorporates the benefits and avoids some pitfalls of the definition used in the UK Sexual Offences Act 2003 12. Some legal experts have identified, that the UK definition does not give any guidance as to whether the complainant must communicate consent by words or action 13. However, it is apparent from the successive cases that the most significant rational issue has been capacity. The England and Wales legislation does not include any definition of capacity itself, and its list of situations where there is presumed to be no consent, at sections 75 and 76 of the SOA 2003, does not expressly include the situation where there is no capacity to consent because of self-induced intoxication of the complainant which falls short of unconsciousness. It is reasonable to say that the UK Government examined this breach in the law in the light of the decision of the Court of Appeal in R v Bree [2007] EWCA 256, i n which the Court interpreted the capacity to consent as something which may evaporate well before a complainant becomes unconscious, and explained that if, through drink (or for any other reason) the complainant has temporarily lost her capacity to choose whether to have intercourse on the relevant occasion, she is not consentingà ¢Ã¢â€š ¬Ã‚ ¦. However, the Court also made it clear that the complainant may still preserve the capacity to consent (or not) even if she has had quite a lot to drink, which means that basically each case will turn on its own facts. The UK Government decided not to change the law subsequent to this decision. 12 See Section 74 of the UK Sexual Offences Act 2003: à ¢Ã¢â€š ¬Ã‚ ¦..a person consents if he agrees by choice, and has the freedom and capacity to make that choice. 13 For example, see an article by Victor Tadros entitled Rape without Consent, Oxford Journal of Legal Studies,Vol 26, No 3(2006), pp 515-543, at page 521 et seq It would seem best, given that this is a situation which arises very frequently, and which gives rise to misuse, that an expansive definition of consent should contain stipulation for the situation where the complainants consent is compromised by her voluntary intoxication. After all, the drink driving laws believe that after use of a very modest measure of alcohol, our competence to control a car carefully is critically affected. Of course, this would mean that the conduct of the complainant would still be under investigation. Some regulation as to what should be included in such an extended definition will be found at Sections 75 of the UK SOA 2003 (evidential presumptions about consent) and Section 76 ibid. (conclusive presumptions about consent), which taken together provide a list of situations in which the lack of consent may be understood, and except for the two exceptional situations contained in Section 76, additionally provide that it is open to the accused to bring in ample evidence to show that there is an issue as to whether the complainant consented, in relation to the particular state of affairs. This list of situations does NOT cover the situation where the complainants capacity to consent is impaired by self-induced intoxication, but he/she is not asleep or otherwise unconscious 14. Circumstances when allowing sexual activity does not amount to consent Allowing sexual activity does not amount to consent in some circumstances like when she does not protest and/or offer physical resistance to the activity or if the activity takes place while she is asleep or is unconscious. A comparable condition may come about when she is affected by drugs or alcohol to such an extent that she is in no situation to consent or refuse. It is not pertinent whether or not she took the drug or alcohol voluntarily or involuntarily. Another condition could be when the person is so affected by a mental or physical condition or impairment that she is in no position to consent or to refuse consent. Similarly, it is not consent to sexual activity if she allows it because she is mistaken about the persons identity or she is mistaken about the nature of the activity. 14 Section 75 (2) (d) UK SOA 2003 A consent by another person on behalf of the complainant cannot be considered a legitimate consent or if another person in a position of power, trust or authority incites her to engage in that activity. A complainant cannot express her consent by a lack of concurrence to engage in that activity or having first consented, she expresses by words or conduct a lack of agreement to continue to engage in such activity. The Sexual Offences Act 2003 and thereafter Demand for change of Law The Government has already made a number of changes to the law on rape and the way the police and Crown Prosecution Service work on these cases. These changes include strengthening the law on rape through the Sexual Offences Act 2003 and developing a network of sexual assault referral centres that provide specialised, dedicated help and support to victims. The pioneer support for a change came from non-government groups and victim and survivor support groups, whilst members of the judiciary and legal profession were less persuaded of the need for change. Moreover, around a third of the respondents who believed that the law should be changed favored a further evidential presumption to cover intoxication by drink and drugs, often citing the recommendation that was made in the report to Home Offices review of the law on sexual offences, Setting the Boundaries, which projected an evidential presumption that read: Where a person asleep, unconscious or too affected by alcohol or drugs to give free agreement. A number of respondents, particularly victim and survivor organizations, further argued that the law as it presently existed was essentially paradoxical on the subject of intoxication. The respondents argued that where intoxication fell short of unconsciousness and was therefore covered by section 75(d) of the Sexual Offences Act 2003, i t was both presumed and not presumed to invalidate consent depending on whether the intoxicating substance was administered covertly or consumed voluntarily. It was suggested that the distinction between those intoxicated having had their drink spiked (or been drugged in some other way) and those intoxicated apparently of their own wish was not as clear cut as the law allowed for. There were cases in which offenders knowingly facilitated the intoxication of susceptible victims in order to commit an offence. One example was where an uncle facilitated the intoxication of a younger niece in order to commit a sexual offence. Even in situations where the offender had not been responsible for inducing intoxication there was a risk that some men can seek to take advantage of the fact that women are drunk and therefore have less capacity to defend against demands or intimidation. Therefore, it was argued that the law should be changed so that it made no distinction between voluntary and involuntary intoxication if the final consequence was a lack of capacity to consent. The proceedings in the case of R v Dougal 15 were widely cited as an example of the difficulties caused in applying the current law to cases involving voluntary intoxication and as an argument in favour of adopting a change in the legislation. This case collapsed when the prosecuting counsel took the view that the prosecution were unable to prove that the complainant, because of her level of intoxication, had not given consent and informed the judge that he did not propose to proceed further. The judge agreed and directed the jury to enter a not guilty verdict. It was argued, that the case should have been proceeded with and the issue of the victims capacity to consent put to the jury. It was argued that a change in the law would allow a similar case to proceed in the future and would provide assistance to the jury in considering the issue of consent. While the relationship between capacity and intoxication was the most prominent issue, responses from police and prosecution representatives and childrens organizations identified other factors that should be taken into account when considering an individuals capacity to consent. These included mental health, domestic violence and the exploitation of victims made vulnerable by their circumstances, for example sex workers. There were differing opinions on whether a change in the law would be necessary to allow the effects of such factors to be considered in relation to consent. Organizations with a specific interest in children supported a change to the law which would take account of the particular vulnerability of children and the circumstances in which they can be exploited in order to commit sex offences. It was noted that alcohol can often be used by offenders to make it easier to commit an offence. 15 R v Dougal (2005) Swansea Crown Court (unreported) However, it was also pointed out that alcohol is frequently consumed voluntarily by teenagers before engaging in consensual sex and that it was important that intoxication should not be the only factor taken into account when considering the capacity of those under 16 to consent as this could lead to inappropriate prosecutions. The opinion that the law did not need to be changed was most commonly held by members of the legal profession, the judiciary and law enforcement agencies. Some argued that the law had only been in force for a relatively brief period and that any meaningful assessment of the Acts provisions was therefore premature. Continual change, others argued, rather than bringing clarity, would only serve to cause further confusion. Opponents of change argued, it would be wrong to seek to change the legislation simply because of the outcome of the case of R v Dougal. They took the view that the Sexual Offences Act 2003 had provided a welcome modification to the law on cons ent, which had improved the law because juries were now required to consider what steps the accused had taken to establish whether or not the complainant genuinely consented. Although there may now be a focus less on whether or not consent was given but rather on whether the complainant had the capacity to give consent, this did not challenge the adequacy of the law as it was currently framed. Those who did not consider that the law needed changing argued that it was already the case that a jury could ask themselves whether the complainant was in a fit state to give free and informed consent, especially if they had been drinking heavily. It was suggested by judicial respondents that R v Dougal had been an exceptional case and that in most similar cases juries have been properly directed that lack of capacity includes incapacity through excessive consumption of alcohol or drugs. There was concern for the broader implications of a change in the law. It was suggested that establishing a link between intoxication and a capacity to consent could result in, and according to some should entitle, a defendant to argue that he was too drunk to assess whether consent had been given. It was also argued that the effect of intoxication on a persons ability to make decisions could not be used as a defence to other offences, for example assault, and so should not be relevant to the capacity to consent in rape cases. However, it was also argued that these two situations were not analogous because victims were not on trial. Section 74 of the Sexual Offences Act 2003 refers to freedom and capacity and argued that there was a distinction between these two concepts. It was argued that capacity to consent was relevant to children and individuals with mental disorders impeding choice but not to adults who had become intoxicated. It was suggested that equating adults with children in this way was a step backwards. Should there be a statutory definition of capacity This change in law by way of inclusion of a definition of capacity would bring a clarity to proceedings and ensure that juries would consider the complainants circumstances, including any effect that alcohol or other substances may have had on their ability and freedom to choose. Advocates of this definition consider that it is clear and easy to understand and would cover the circumstances where a complainant was so drunk but not unconscious as to not know what was happening or unable to say no. A number of those who supported a further evidential presumption based on alcohol consumption suggested that this might be the statutory definition of capacity that was needed. Most commonly, the evidential presumption that was proposed was the one that appeared in Setting the Boundaries. Such an evidential presumption, it was argued would allow the case to be put to the jury, even where the complainant could not remember whether she consented or not. It would, of course, remain open to the defendant to say that the complainant did indeed consent and for the jury to believe him or, at least, give him the benefit of the doubt. Philosophical issues Does a person who is voluntarily drunk remain capable of giving valid consent to sex? The Court of Appeal in Bree held that a drunken consent is still (valid) consent, though it further recognises that the capacity to consent may evaporate well before a complainant becomes unconscious. This decision is a move in the right direction, yet this article argues that it has not gone far enough, and that s. 74 of the Sexual Offences Act 2003 which governs these scenarios allows-and even requires-a more drastic interpretation: a drunken consent is not consent when the person is very drunk. Based on a distinction between factual and legal consent, the article starts by setting up the legal framework as set out in s. 74, and developed in Bree and H. It then goes on to criticise the current case law and its interpretation of s. 74 for not being restrictive enough, by examining two possible theoretical rationales, mentioned in the judgments. The first, which is based on an analogy with the law r elating to intoxicated offenders, is criticised on the grounds of differences between consent and intent. The second, which is based on the general argument that this position recognises the positive aspect of sexual autonomy, is criticised for its failure to distinguish between claims of normative facts and claims of public policy and for giving too much weight to the latter considerations. From the discussion an alternative, more restrictive position, emerges in line with s. 74 of the 2003 Act, according to which a drunken consent is not consent. This position can be adopted by judges, through the provision of better guidance to juries, but failing that a reform of the law might be needed. @ @ @

The Surroundings of Man :: essays research papers

The Surroundings of Man   Ã‚  Ã‚  Ã‚  Ã‚  Is man really born with a evil persona or a persona that is worthy as an angel or is man born naked for a reason because he has nothing to bring to this world but himself? A person is not innately any characteristic, he was brought to the world from love and must choose to love or not. Mother Theresa explains this best by saying, â€Å"Everyone was created to be loved and to love.† The novel, Lord of the Flies, has characters that were not brought to the island good or evil, but has characters that changed because the atmosphere that they are in changed them. Because of the environment that you are in makes you become a certain person, you change with the circumstances of your environment, and interact with the condition of your environment.   Ã‚  Ã‚  Ã‚  Ã‚  Major events affect your life in drastic ways. A marriage, for instance is a major occurrence and different kinds of marriages can drastically change your life. A marriage that is abusive emotionally and physically can make your life full of hatred, you could be depressed, you could see your self as less a person than you are, and you could also be a frightened person because of it. A marriage completely different is one full of love. A marriage like that can cause a person to act blissful, to go out and do more things on account of your support system, and you can show other people to have loving lives like yours. All the characters, as one, are in a kind of marriage together, they lived concurrently and supported each other. The marriage was abusive, they taunted each other, especially Piggy. They taunted him at first meeting by saying this, â€Å"He’s not Fatty... his real name’s Piggy†(21). On account of that Piggy felt not worthy to other characters in the novel and didn’t get to show his more intelligent side to everyone. Events are a primary device that causes people to act a certain way. If the characters didn’t live so close together and taunt Piggy, would he have acted the way he did through the course of the novel?   Ã‚  Ã‚  Ã‚  Ã‚  Being brought into particular situations can alter your life. To cite an instance, a child being taken from his home, the only place he knew, and put into a foster home would be a particular situation that could alter one’s life. The other place he lived in may have been harmful to his well-being and it was a positive occurrence that he was brought out of his home. On the other hand, the foster home could affect his well-being in a more

Anti-Semitism Essay -- essays research papers fc

Jews have been persecuted since the beginning of documented time. This religious group has been poked, prodded, exiled, and in recent years, massacred for their religious beliefs. This racial prejudice is called anti-Semitism. Anti-Semitism is the vicious weapon of propaganda used to break down the Jews psychologically before the armies of Germany even began to annihilate this religious group during World War Two (â€Å"anti-semitism† 47). The NAZI Party led in this mass murdering of the Jewish people. The head of the NAZI Party, Adolph Hitler, proclaimed that he was not a racist, yet killed over six million defenseless people because of their race. Hitler also declared, redundantly, in his speeches, that he did not desire World War Two. These are some of his last words: â€Å"It is not true that I, or anyone else in Germany wanted a war in 1939. It was wanted and provoked exclusively by those international statesmen who either were of Jewish origin, or worked for Jewish interests. This led to the merciless opposition to the universal poisoner of all peoples, International Jewery† (Rossel 10). As one can see, anti-Semitism could not be stopped in the era of World War Two, because Hitler outlawed any media that wasn’t showing hatred toward the Jews. The only radio broadcasts were his hate filled speeches and news reports that he approved. The only programs on television also had to be approved by Hitler or someone under him. No newspapers were allowed to say anything that, in any way, insulted a Nazi, or any other German. If any Jew was caught insulting a German, they were immediately executed or tortured until death. This fear that had been provoked by the death, starvation, and abuse of the Holocaust, was another type of propaganda brought about by the Nazis (Zeman 26). Another reason that Jews were hated was jealousy. They were believed to be God’s chosen people. Hitler took advantage of this, and used it as another opening for propaganda. Soon, the Jews were blamed for the death of Christ and said to have brought all of the pain and suffering on the world. It was said that God was punishing the Jews, and the rest of the world, for not receiving Him, and once the Jews were gone, the Garden of Eden would thrive again. This ridiculous theory was later declared unchristian by the Second Vatican Council (Roth 47). Anti-Semitism was... ...s of the Jewish people.† They did not take these books to read them, they made the people come outside and watch them burn. This was frightening because, â€Å"Wherever they burn books, they will also, in the end, burn helpless human beings.† That was said by Heinrich Heine, a survivor of one of the concentration camps in Nazi Germany (â€Å"anti-Semitism† 1). The Holocaust--the merciless massacre of over eleven million defenseless, innocent people, six million of which were Jewish--can be directly linked to the hatred and racism brought about by Nazi propaganda. The people of Germany let their minds be controlled and learned to despise the Jews. Hate is a powerful weapon that has the power to kill without mercy (Holocaust no pagination). WORKS CITED: â€Å"Anti-Semitism.† Murray, John Courtney Sr. Grolier Encyclopedia of Knowledge .1991. Roth, John K. and Berenbaum, Michael. The Holocaust Religious and Philosophical Implications. New York: Pragon House 1981. Rossel, Seymore. The Holocaust. New York: Franklin Watts, 1981. The Holocaust . Director Tad Ve’Shem. Video. Parade Video. Zeman, Z.A.B. Nazi Propaganda. London: Oxford university Press, Incorperated, 1973.

The True Purpose of Education

The purpose of a universal public education system can be debated, but originally, in the 1830’s, Horace Mann reformed the American school system in order to give all children the basis on which to learn and become judicious citizens. As public schooling has evolved throughout the years, the purpose of education has been slowly vanishing, being replaced by monotonous routines and pointless activities done by students that no longer are interested in learning, but getting good grades instead.The true purpose of learning isn’t being addressed properly in schools, and it isn’t being recognized by those who attend school in order to learn. In ‘An Education’, by Ralph Waldo Emerson, Emerson paints a picture of what an education is supposed to provide for a pupil. He writes, â€Å"The function of opening and feeding the human mind is not to be filled by any mechanical or military method†¦you must not neglect the form, but secure the essentials† (para. 9).In a sense, Emerson argues that the purpose of education is, not to mold a judicious citizen that has basic understanding of certain topics, but to guide and ultimately unleash the genius and determination in every man by giving them the essentials to learning. On the other hand, Mann in ‘Report of the Massachusetts Board of Education’ uses the analogy of Feudalism to show that when education is not made a mandatory opportunity for all, society gets broken into classes, like Feudalism, in which the rich and powerful abuse the poor and uneducated.Here we see a specific clash of opinions on what education is supposed to provide for an individual person, and a society. Although Emerson’s essay may seem less subjective than Mann’s, I believe Emerson holds a more broad understanding of what an education can give to a person. There are many cases in which twelve years of public school do not provide a student with the passion or direction in order to live a life full of learning and accomplishment, when twelve years of public education doesn’t provide an exceptional education.The solution might not be to end public schooling, but to begin public acceptance of young students becoming avid learners instead of teacher’s pets, self advocates instead of disabled pupils. Leon Botstein in ‘Let Teenagers Try Adulthood’ proposes that the answer to such an out of date and flawed institution is a world where sixteen year olds are â€Å"prepared to be taken seriously and to develop the motivations and interests that will serve them well in adult life† (para. 11). Being a 16 year old myself, I often wonder hat that would be like; if other adults didn’t know I attend high school or if that was completely irrelevant to begin with. As this is a nice thought, it is also a minor detail in the larger scheme of things. I find the solution of empowering students to be curious and to seek out what they want fr om schools to be far more superior. The public school system can indeed live up to the standard Emerson set for a great education; it just has to be changed. An excellent teacher has the power to provide students with the essentials to learning, good listening skills for example.However, public schools don’t often produce excellent students or teachers, and this is exactly what starts the banal cycle again. To what extent do our schools serve the goals of a true education? Our schools, being the student body, the leaders, and everything in between are too caught up in the everyday cycle of busy work and assessments, to realize that these methods need to be replaced with new ones that open the minds of students to what they can fulfill with the right passion for their education and the true purpose of being educated.