R v. Brown 1996 - Free Essay Example

Sample details Pages: 8 Words: 2302 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? Analyse how the House of Lords interpreted the word â€Å"use† in 5(2)(b) of the Data Interpretation Act 1984 in the case of R v Brown (1996) 1 ALL ER 545 Introduction The case of R v Brown, 1996, concerned two uses of a police force Computer by an officer, for the purpose of obtaining registration numbers of cars owned by the debtors of a collection company that was run by a friend of the officer. The police officer was a registered data user[1] and as such, he was prohibited under the Data Protection Act 1984 to ‘hold personal data’[2]. The charge was for the criminal offence[3] under s 5(2)(b) of the1984 Act, which stated that: â€Å"A person in respect of whom such an entry (an entry pertaining to the identity of registered data user) is contained in the registrar shall not†¦(b) hold any such data, or use any such data held by him, for any purpose other than the purpose or purpose descried in the entry†¦Ã¢â‚¬  In the original trial, the judge directed to jury to consider that the act of simple retrieval from the computer, coupled with the intention of utilizing the information for a purpose that had not been registered was enough to satisfy a conviction. Don’t waste time! Our writers will create an original "R v. Brown 1996" essay for you Create order The Court of Appeal[4] rejected the initial convictions of attempt on the first count, and full commission of the crime on the second count. It was held that the term, â€Å"use† when interpreted with sole reference to its ordinary, everyday meaning, required that the offence could only be committed when more than mere retrieval of data had been done. It was therefore necessary to â€Å"do something to the data†¦Ã¢â‚¬  which meant that the case was decided entirely on the appropriate answer to the legal question, which was: â€Å"Whether the word ‘use’ in section 5 of the Data Protection Act 1984 should be construed so as to include processing the data so as to gain access to information stored within a computer without doing any further act with the information†¦Ã¢â‚¬  This paper analyses the decision reached by the House of Lords with regard to the interpretation of the word ‘use’. An account of both the decision of the court, as espoused by Lord Goff of Chieveley and Lord Hoffman and the dissenting ratio decidendi, as stated by Lord Griffith is given 1.The decision of the court (a)Lord Goff of Chieveley Lord Goff followed the line of reasoning of the Court of Appeal and stated that: â€Å"since the word, ‘use’ is not defined in the Act, it must be given its natural and ordinary meaning. Synonyms of the verb ‘use’ are ‘to make use of’ or to ‘employ for a purpose’.[5]† He then analysed the context of the word in relation to the specific item that was purported to have been used by ascertaining the sort of activities that would be regarded as ‘use’ of ‘data’. He ascertained from this analysis that the act of retrieval therefore did not constitute ‘use’ of the computer information but was a mere prerequisite[6] to that use. Further to this, with reference to the meaning of the word ‘disclos ing’[7], which also has no definition within the statute, Lord Goff made the crucial observation that: â€Å"†¦if the purpose of this provision had been to provide that, exceptionally, disclosure may occur after the information has been retrieved from the database, it would surely have been drafted in a different form; and a similar provision would have been made in respect of use†¦[8]† This statement directs towards an acceptance that the statute is clear on the matter of the intentions of parliament and Lord Goff arrived at this decision by referring exclusively to the ordinary and everyday definition of ‘use’ within the context of the provision within the statute. As well as analysing the equivalent provisions for the word ‘disclosing’, he also referred to other provisions within the 1984 Act, including part I of the Schedule, which stated that: â€Å"Personal data held for any purpose or purposes shall not be used or di sclosed in any manner incompatible with that purpose or those purposes.[9]† This provision clearly shows the word ‘use’ within a provision where there is clear protection by the law of data outside its electronic form, thereby showing the intention of parliament to criminalise subsequent ‘use’ of data after retrieval and inevitable transfer from the electronic format. This reasoning is based on the linear timescale of the criminal act of ‘use’ of personal data. There is first retrieval, followed by transfer from electronic form, analysis and application. If criminality were to be established exclusively at the point of retrieval prior to the transfer of the subject matter from data into information, it would therefore mean that all other subsequent steps would be irrelevant for the criminal law and Lord Goff pointed out that all unregistered retrieval by a registered data enterer would constitute a criminal act, whereas completion of a ll four steps by someone who is not registered, would not be criminal at all[10]. This in itself would lead to a great injustice of the law. In his analysis, Lord Goff referred to no other issues as, since there was no ambiguity following this literal interpretation, the analysis of other sources, such as Parliamentary Hansard, was wholly unnecessary. This is very much an embodiment of the literal approach to the interpretation of statutes, which has proved to be utterly essential for the purposes of ascertaining the meaning of words, as shown in the far earlier case of Fisher v Bell[11]which concerned the meaning of ‘offers for sale’ under s 1(1) of the Restriction of Offensive Weapons Act 1959. Here it was held that an offer could not be anything other than a binding contractual proposal to which an unqualified acceptance would constitute an obligation for the offeror to fulfil the offer. This therefore distinguished the ‘offer’ from the far more gener al ‘invitation to treat’ and, had the court stretched the meaning of ‘offer’ to include non binding invitations, the law of contract would have been badly distorted. (b)Lord Hoffman Unlike Lord Goff, Lord Hoffman rejected the arguments of the Crown in relation to the identification of retrieval as external to the application of acts within the meaning of use but instead stated that the acts of this particular case were in relation to use of the computer as opposed to the data. However, this was not the crucial point of his argument as he did state that this in itself would not preclude ‘retrieval’ being an acceptable element of the meaning of ‘use’. Lord Hoffman’s argument instead hinged crucially on the belief that the acts of the defendant fell in line with the definition of ‘processing’, which, under s 1(7) of the 1984 Act includes: â€Å"†¦extracting the information constituting the data†¦[12]† Lord Hoffman then stated that processing is entirely different from ‘using’ as there was no reference to it within the prohibitions of the 1984 Act, which means that the act of processing, as protected under principle 1 of the Schedule, did not constitute a criminal offence. Instead it was a civil breach that constituted a ground for removal from the registrar of authorised data processors[13]. Lord Hoffman therefore identified the intentions of Parliament as the creation of separate treatment for ‘processing’ and ‘using’ whereby the former was principle 1 (Sched) enforcement of data protection and the latter, as a ‘more extreme form of data processing’[14] was a criminal offence. This was therefore a clear departure from the difficulty of having to ascertain that something more than retrieval had to have been done to the information in order to constitute the criminal offence and is a simpler finding than tha t of Lord Goff as it denied existence of a gap in the law and established the differing treatment of the non-criminal punishments inherent in ‘processing’ 2.The dissenters[15] Lord Griffith Lord Griffith began in concurrence with Lord Goff by rejecting the submission of the prosecution in the Court of Appeal, who had made a crucial distinction between the concept of data as ‘electronically readable’ subject matter that, when translated into text on the screen, became the wholly distinguishable ‘information’ that was intelligible to the human mind. The result of this shift in the designation of the subject matter from ‘data’ to ‘information’ is that it is not protected by the 1984 Act[16]. His departure from the Lords who dismissed the appeal was simply that the word ‘use’ should be given a ‘broad construction’ and he rationalised this finding by pointing out the clear weakening of the protective powers of the 1984 Act. His reasoning was that the enactment of the 1984 Act was for the primary intention of ratifying the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data.[17] With reference to Article 1 of the Convention, Lord Griffith stated that the retrieval of information, to be displayed in a screen, constituted an invasion of privacy as the display was illegitimate. He further believed that extension of the meaning of ‘use’ to illegitimate display and retention for potential dissemination in the future would by no means constitute a stretch of the definition of ‘use’ but also accepted the difficulty that prosecution would face in having to prove the actual way in which information would be utilised following retrieval. 3.Feedback (a)The approach of the court As regards the methodology of the House of Lords in its interpretation of the word â€Å"use† ther e were two distinct poles of thought. The first was seen in the opinions of Lord Goff and Lord Hoffman who both realised that questions of law that pertain to verbal meaning must be approached from the point of view of establishing an answer based on statutory definitions or, in absence of such guidance, the nearest possible definition that will ensure the fundamental requirement of certainty in the law. For vocabulary, this certainty is maintained by utilizing the ordinary and everyday meaning of words. The second pole of thought, as utilised by Lord Chieveley, looked towards the teleological side of statutory interpretation and ascertained that the intentions of parliament, as to the meaning of a statute, was the key method for assurance of the legal goal of equity and Lord Chieveley used the very reason for enactment of the 1984 as the embodiment of the Parliamentary intention to create a right of privacy against illegitimate displays of data under the European Convention. (b)Was the decision correct? This case is a primary example of an obvious disparity between the common sense approach of the layman and the judicial predicament of verbal anomalies that force the wrong decision as far as justice is concerned. The question to therefore ask is, was the House of Lords simply over literal in its interpretation of the word â€Å"use† or were they right and, as a result of their correct actions, revealed a gap in the law that had been created by careless wording of the statute? It is this latter notion of the ‘gap in the law’ which Earl Russel refers to in his parliamentary feedback to the case[18]. The appropriateness of the House of Lords cannot be blamed for finding itself forced to follow bad law. Statutory interpretation, for the purpose of obtaining the correct decision as required under current law is the primary role of the judge, regardless of the construction of that law. Their job is most certainly not the task of inte rpreting the law in order to meet the most equitable decision[19] unless of course the area of law has no governing statute and there are no clear precedents from which to draw the correct answer. As for Lord Hoffman, it is clear the same priority of statutory analysis was utilised in his decision but his more favourable reasoning denied a gap in the law for a jurisdiction such as the United Kingdom that, at that time, did not possess any Human Rights legislation and was therefore under no national obligation to interpret legislation in light of concepts of privacy[20], as was done in the teleological approach of Lord Chieveley. Conclusion The approach of Lord Hoffman was the correct interpretation of the statutory provisions at the time in which the case was decided but Human Rights Law has now fundamentally changed the approach of the courts whereby affected legislation can now no longer be decided on the basis of verbal distinctions. Bibliography Legislation Restri ction of Offensive Weapons Act 1959 Data Protection Act 1984 Human Rights Act 1998 European Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data 1981 European Convention of Human Rights and Fundamental Freedoms 1951 (As contained in the schedule of the Human Rights Act 1998) Case Law R v Brown [1996] 1 ALL ER 545 Fisher v Bell [1960] 1 QB 394 and Others v Woolwich Building Society (Thompson) [1997] SC (HL) 66 Governmental Publications Parliamentary Hansard, 13 Mar 1997 : Column 438 Footnotes [1] As described under s 1(2) of the 1984 Act [2] s 5(1) [3] The offence is deemed to be criminal under s 5(5) [4] R v Brown [1994] QB 547 [5] R v Brown [1996] 1 ALL ER 545 at p 548g [6] ibid at p 549a [7] Which appears under s 1(9) of the 1994 Act [8] ibid per Lord Goff at p 549h [9] Referred to by Lord Goff at p 550b [10] ibid at p 550f-h [11] [1960] 1 QB 394 [12] Referred to by Lord Hoffman at p 560h of the judgement. [13] Per Lord Hoffman at p 560j [14] Per Lord Hoffman at p 561b [15] Lord Januncey of Tullichettle also dissented but merely concurred with Lord Chieveley. See the judgement at p 555h [16] All the judges of the House of Lords rejected this premise, see also ibid per Lord Hoffman, at p 558h [17] Cmnd 8535, Annex A [18] Parliamentary Hansard, 13 Mar 1997 : Column 438 [19] See the bad result in the case of Sharp and Others v Woolwich Building Society [`997] SC (HL) 66 [20] Since enactment of the Human Rights Act 1998, it is now the duty of judges to interpret legislation in line with the rights set out under the European Convention of Human Rights

Essay about Post 9/11 Racial Profiling of Muslim Americans

For a second, the U.S. stood still. Looking up at the towers, one can only imagine the calm before the storm in the moment when thousands of pounds of steel went hurdling into its once smooth, glassy frame. People ran around screaming and rubble fell as the massive metal structure folded in on itself like an accordion. Wounded and limping from the 9/11 attacks on the World Trade Center, America carried on, not without anger and fear against a group of innocent Americans, Muslim Americans. Nietzsche’s error of imaginary cause is present in the treatment of Muslim Americans since 9/11 through prejudice in the media, disregard of Muslim civil liberties, racial profiling, violence, disrespect, and the lack of truthful public information about†¦show more content†¦By continually representing the Muslim or the Arab as the heartless villain, even cartoon movies contain a biased perspective against the Muslim image in America. All that glitters is not gold, and this is true f or films fresh off the reels of Hollywood, as some contain an unfair perspective of Muslims. Today one does not even have to wait for a movie to be released. Simply click the â€Å"ON† button on a remote and suddenly, thousands of news and television shows are available for one to enjoy. Muslims are also the target of prejudice in these news broadcasts and programs. One such television program released was a drama titled â€Å"24.† Issues and Controversies reports: â€Å"The show, which deals with a counterterrorism unit based in Los Angeles, featured a group of Muslim terrorist characters who were plotting to detonate nuclear weapons in the U.S. At the end of one episode, the terrorists successfully detonated a small bomb in a Los Angeles suburb, killing about 12,000 people† (â€Å"Race and Ethnicity in Entertainment†). This fictional show wrongly spreads the stereotypical image of Muslims and their clichà ©d image of the fundamentalists on 9/11. By add ing the title and image of â€Å"Muslim† to the phrase â€Å"terrorist† the program wrongly advertised that potentially every Muslim could be a terrorist. This stereotypical image is similarly expressed in news broadcasts through the use of terrorism news. By increasingly using terrorism and Muslims in topShow MoreRelatedEssay about Post-9/11 Islamophobia829 Words   |  4 PagesPost-9/11 Islamophobia Islamophobia denotes prejudice against, hatred for, or irrational fear of Muslims. Such fear and hostility leads to discriminations against Muslims, exclusion of Muslims from mainstream political or social process, stereotyping, the presumption of guilt by association, and most frequently, hate crimes. In post 9/11 America, Islamophobia has resulted in the general and unquestioned acceptance that Islam does not share common values with other major faiths, that Islam isRead MoreRacial Profiling And The United States1949 Words   |  8 Pages Racial Profiling Post 9/11 Rusat Ramgopal CRJBS 101 John Jay College Professor Gary Wright August 4, 2016 Racial Profiling Post 9/11 On September 11, 2001, nineteen hijackers associated with the terrorist group Al-Qaeda attacked the United States. They flew two planes into the World Trade Center and also attacked the Pentagon resulting inRead MoreJust Say No Programs And The War On Drugs Laws1375 Words   |  6 Pagesgovernmental racial projects of racial profiling cast new forms of racial control on blacks reminiscent of the days of slavery as the focal point of Regan’s implementation of the â€Å"war on drug laws† centered in poor urban black neighborhoods stripped of jobs, resources, and basic public services. 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Sole Foundation of Sound Education

Question: Discuss about the Sole Foundation of Sound Education. Answer: Study skills or what is also referred to as academic skills are some essential strategies usually applied by one while learning. These skills are not only critical to pursuance of success or academic excellence in school but also very helpful throughout one's life. Indeed, study skills are fundamental life skills which are transferable (Tones, Robinson, and Tilford, 2013, p. 26). While the list of study skills is actually inexhaustible, some of the skills are such as stress management, test taking, active listening, time management, memorization, and reading comprehension. Fundamentally, this paper seeks to address the notion that effective skills are the sole foundation of a sound education. The application of study skills is very effective in learning a milieu. However, different learning fields require varying skills considering that different fields have different requirements of the study (Cottrell, 2013, p. 47). For instance, a nursing course may require certain skills which may not be necessary for another field such as a language course because the practice is solely based on evidence. Study skills thus play a very fundamental role in ensuring that learners attain sound education. In essence, study skills enable learners to reflect on and do a self evaluation on certain subjects, thus identifying what is needed for them or how to improve in certain fields. Additionally, study skills help students develop self-awareness as well as identify their weaknesses and strengthens in academic performance. It should also be noted that other skills such as the development of personal qualities (positive thinking, determination, awareness, self-motivation and high self-esteem) are also transferable to the field of education and are equally effective (Pellegrino, and Hilton, 2013,p. 51). Study skills help students identify those factors that lead to the successful learning process. For this reason, students can focus, develop as well as apply the learning strategies and skills that they deem most effective. In addition, through the adoption of study skills, students can identify the significant weaknesses that impede the learning process thereby dealing with it effectively. As a consequence, study skills can be taught, learned and adopted by a person hence allowing him or her gain sound mind (McLaren, 2015, p. 39). While other external factors such as economic factors, social factors, and geographical aspects have little influence in the acquiring of education, study skills play a significant role in the field. Nonetheless, when it comes to gaining of effective study skills, it should be understood that there is no single best way of learning, in other words, students learn differently. For instance, one may well be suited to one study skills while another is best comfortable with a different one. Some students, for example, may be comfortable with listening other that reading. Nevertheless, the essential approach is for the student to identify what skills sit them (Cottrell, 2013, p. 30). In conclusion, it is inarguable that study skills are the basis for which one can gain a sound education. Therefore, it is crucial for a learner to develop the necessary study skills in given levels of education. Chiefly, study skills are considered essential in aiding the learning process since they provide learners with the necessary tools for development and improvement of intelligence, learning, and enhancement of success. References Cottrell, S. (2013). The study skills handbook. Palgrave Macmillan. McLaren, P. (2015). Life in schools: An introduction to critical pedagogy in the foundations of education. Routledge. Pellegrino, J. W., and Hilton, M. L. (Eds.). (2013). Education for life and work: Developing transferable knowledge and skills in the 21st century. National Academies Press. Tones, K., Robinson, Y. K., and Tilford, S. (2013). Health education: effectiveness and efficiency. Springer.

Power Authority and Hegemony

It is common knowledge that there will be wars and rumours of war. This can be a prediction of what will happen in the future. But it can also be regarded as a statement of fact. This assertion led many philosophers and political scientists to conclude that the reality of international politics is something that can only be understood by the use of force.Advertising We will write a custom essay sample on Power Authority and Hegemony specifically for you for only $16.05 $11/page Learn More In the hopes to ensure security, to grab territories and resources, in order to perpetuate the rule of the status quo (Wendt, 1992). In order to understand international politics and the resolution of conflict at a much deeper level it is imperative to know the difference between power, authority and hegemony. Before going any further it is important to know more about globalization. Globalization is not a mystery but it is like a diamond with multiple facets (Roy, 2001 ). Others see the interconnectedness of people with different cultural backgrounds and religious orientation and yet able to transcend these differences through the use of modern technology such as the Internet. There are those who see globalization in the context of mobility, that a person can be a citizen of the UK, yet lives in New York and travels frequently to China. Globalization is also seen as the destruction of diversity and the emergence of one dominant culture which many agree is dictated by the United States or Europe. There are also others who argue that globalization is nothing more than a planet being partitioned into manageable pieces by multinational corporations that are now as powerful as nation states (Byers Nolte, 2003). The discussion of power, authority and hegemony in international politics can be achieved if there is a clear understanding of the interconnectedness of people. A better grasp of how globalization has impacted international politics is importan t because in the 21st century ad beyond it is an important factor that must be considered when it comes to the source and utilization of power, authority and hegemony. Power and Authority Power can be defined as the ability to perform a certain task. It can also be a force of coercion or a demonstration of superior strength and abilities. But a more enlightened view can be seen in the following statement: â€Å"Power is not simply the glue that holds the social together, or the coercive force which subordinates one set of people to another †¦ it is also understood in terms of the processes that generate and enable any form of social action, relationship or order† (Baker, 2008, p.10). Authority on the other hand is the justification for power (Neal, 2007). The best example is the United Nations. Prior to the establishment of the United Nations the whole world was a battleground for kings, emperors and tyrants. Rulers and leaders of different kingdoms and fiefdoms from Asi a, Europe and the Middle-East went to war to either protect their domain or to expand the same.Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More History books are filled with the exploits of soldiers and warrior-kings in their quest for more land and more wealth. This is consistent with the Hobbesian tradition that says international relations can be described as â€Å"being in a constant state of war† (Bull, 1995, p. 24). Member nations had given the United Nations the authority and this is a perception that this organisation has the power to change the world. Power is the ability to perform a task while authority is something that exist but it does not guarantee power. Although, it is also true that authority is the source of power and with authority comes the ability to accomplish something using only power alone. Hegemony on the other hand is also the capability of performing a task but instead of using its power, it uses other tools that enable the state to accomplish a given task (Haugaard, 2006). Hegemony The superpower status of the U.S. is evident from its military might (Bocock, 1986). This can be easily ascertained by how it has capitalised its victory in the Second World War. Another example is how the U.S. Military succeeded in removing Saddam Hussein from power and how they presently control key areas in the Middle East such as in Pakistan and Afghanistan. The U.S., has either forces on the ground or has a government sympathetic to their interests. The superpower status is also seen in its trade with other countries. The evidence of America’s is also evident when it comes to the type of products that it manufactures and sells all over the globe. This country is also a financial centre. In Wall Street, stocks are traded daily amounting to hundreds of millions of dollars. The United States has a great influence over the whole world. The U. S. possess the power to shape the course of history through military and finance. There are those who argue that the United States has power and authority but it also uses the power of hegemony. It can be argued that hegemony is based on the realist and the constructivist view of international politics. Realists believed that international politics is largely driven by a state of anarchy and that patterns of power are a product of this state of anarchy (Rivas, 2008). On the other hand, the constructivist view, it is not anarchy that determines the state of conflict or peace in a particular area. Instead, they assert that these matters are determined by shared beliefs between various entities in the international arena (Luard, 1988). In this regard, states define their respective identities based on hints or suggestions that they receive from other international actors. It should be noted that the state as it is a real actor within the International arena. It has the ability to socia lize with other states and thus reflect what is a common truth among human beings – that they are influenced by the ideas put forward by others. Countries may be regarded as sovereign players that each have their own identities.Advertising We will write a custom essay sample on Power Authority and Hegemony specifically for you for only $16.05 $11/page Learn More One cannot claim that only single persons have the ability to determine an entire nation’s interests, but it can be asserted that it is the collection of these interests that brings out the differences in results. (Behnke, 2001). A hegemony like the United States identifies these problems, conflicts and needs and then enters a region armed with this knowledge and make everyone involved feel that only by their presence that stability and progress is possible. The hegemony exerting its control over a region is aware that geopolitical nations have needs. These needs have to be met. Th ese needs are related to autonomy, economic well being, collective self image and survival. With regards to security a hegemony will exploit the feeling of uncertainty felt by states. It has been said that many countries are driven to conflict because they are unsure about what their counterparts are thinking of. In certain scenarios, these uncertainties may be security related or not. Regardless of that matter, one must put into account the fact that these differences could cause a state of conflict. For instance, whenever one state is dealing with uncertainties about what may happen in the future or what another country could be planning in the present, then there are chances that these unknown intentions could result to conflict. A hegemony like the United States can exert influence on other states and convince them that it is better to be mindful of their needs and yet careful not to offend others based on agreed upon rules and the realization that they are dependent on internat ional trade and the cooperation of others. While liberals will assert that there is nothing that can be done to prevent war, since there can be no institution able to manage and regulate the behaviour of every actor in the global political stage, a hegemony believes the contrary. A hegemony can make these nations believe that if they put their trust in international regimes, then they can receive assistance and support that in turn will help them experience progress and stability. A good example of hegemony is the action of the United States when it comes to dealing with the Middle East. The U.S. was able to convince the nations within this region and even the countries all over the world that it would be best for the world to allow America to exert power and influence over this area. For many years the United States government was able to convince others that the stability and progress of the region is within their control. This is hegemony at work and as a result other nations had given the U.S. some form of a blanket authority to deal with the Middle East as they see fit. This explains why the United States interferes with the affairs of the countries within this region.Advertising Looking for essay on international relations? Let's see if we can help you! Get your first paper with 15% OFF Learn More Conclusion It can be said that power is the number one priority of a leader. Without power then nothing can be accomplished. However, it is easy to understand that power is limited. Power requires an explanation of the source. This is why certain international organizations are given the power to interfere and impose their will on others. This is authority. Organizations such as the United Nations is authorized to perform actions that will ensure the safety and stability of the world. But aside from power and authority there is another tool that can be used to change the world and it is called hegemony. The best example is the United States and how it has shaped the course of history by convincing others that their presence and power is needed in a certain regions in the world. References Baker, C., 2008. Cultural Studies: Theory and Practice. London: Sage. Behnke, A., 2001. Contemplations on Alexander Wendt- Grand theory in the age of impossibility. Cooperation and Conflict, 36(1), pp.33-40. Bocock, R., 1986. Hegemony. New York: Routledge. Bull, H., 1995. The Anarchical Society: A Study of Order in World Politics Second Edition. New York, Columbia University. Byers, M. and Nolte, G., 2003. United States Hegemony and the Foundation of International Law. UK: Cambridge University Press. Haugaard, M., 2006. Hegemony and Power: Consensus and Coercion in Contemporary Politics. Oxford: Lexington Books. Luard, E., 1988. Conflict and Peace in the Modern International System. New York: State University of New York Press. Neal, L., 2007. The Economics of Europe and the European Union. New York: Cambridge University Press. Roy, A., 2001. Power Politics. 2nd ed. MA: South End Press. Wendt, A., 1992. Anarchy is What States Make of It: The Social Construction of Power  Politics. International Organization, 46(2) pp. 391-425. This essay on Power Authority and Hegemony was written and submitted by user Jaxen Rose to help you with your own studies. 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Capital Punishment Essays (2840 words) - Sentencing, Free Essays

Capital Punishment Essays (2840 words) - Sentencing, Free Essays Capital Punishment Putting to death people who have been judge to commit certain extremely heinous crimes is a practice of ancient standing. But in the United States, in the latter half of the twentieth century, it has become a very controversial issue. Changing views on this difficult issue led the Supreme Court to abolish capital punishment in 1972 but later turned to uphold it again in 1977, with certain conditions. Indeed, restoring capital punishment is the will of the people, yet many voices have been raised against it. Heated public debate has centered on questions of deterrence, public safety, sentencing equality, and the execution of innocents, among others. One argument states that the death penalty does not deter murder. Dismissing capital punishment on that basis would require us to eliminate all prisons as well because they do not seem to be any more effective in the deterrence of crime. Others say that states, which have the death penalty, have higher crime rates than those that do not. A nd that a more sever punishment only inspires more sever crimes. But every state in the union is different. These differences include population, the number of cities, and the crime rate. Urbanized states are more likely to have higher crime rates than states that are more rural. The states that have capital punishment have it because of their high crime rate, not the other way around. In 1985, a study was published by economist Stephen K. Layson, at the University of North Carolina, that showed that every execution of a murderer deters, on average of 18 murders. The study also showed that raising the number of death sentences by only one percent would prevent 105 murders. However, only 38 percent of all murder cases result in a death sentence, and of those, only 0.1 percent are actually executed. During the temporary suspension on capital punishment from 1972 - 1976, researchers gathered murder statistics across the country. Researcher Karl Spence of Texas A&M University came up wi th these statistics, in 1960, there were 56 executions in the United States and 9,140 murders. By 1964, when there were only 15 executions, the number of murders had risen to 9,250. In 1969, there were no executions and 14,590 murders, and 1975, after six years without executions, 20,510 murders occurred. So the number of murders grew as the number of executions shrank. Spence said: While some [death penalty] abolitionists try to face down the results of their disastrous experiment and still argue to the contrary, the...[data] concludes that a substantial deterrent effect has been observed...In six months, more Americans are murdered than have been killed by execution in this entire century...Until we begin to fight crime in earnest [by using the death penalty], every person who dies at a criminal's hands is a victim of our inaction. And in Texas, the highest murder rate in Houston (Harris County) occurred in 1981 with 701 murders. Since Texas reinstated the death penalty in 1982, H arris County has executed more murderers than any other city or state in the union and has seen the greatest reduction in murder from 701 in 1981 down to 261 in 1996 - a 63% reduction, representing a 270% differential. Also, in the 1920s and 30s, death penalty advocates were known to refer to England as a means of proving capital punishment's deterrent effect. Back then, at least 120 murderers were executed every year in the United States and sometimes the number reached 200. Even then, England used the death penalty far more consistently than we did and their overall murder rate was smaller than any one of our major cities at the time. Now, since England abolished capital punishment about released killers have murdered thirty years ago, the murder rate has subsequently doubled there and 75 English citizens. Abolitionists will claim that most studies show that the death penalty has no effect on the murder rate at all. But that's only because those studies have been focused on incons istent executions. Capital punishment, like all other applications, must be used consistently in the United States for decades, so abolitionists have been able to establish the delusion that it does not deter at all to rationalize their fallacious

Programming a Class to Create a Custom VB.NET Control

Programming a Class to Create a Custom VB.NET Control Building complete custom components can be a very advanced project. But you can build a VB.NET class that has many of the advantages of a toolbox component with much less effort. Heres how! To get a flavor of what you need to do to create a complete custom component, try this experiment: - Open a new Windows Application project in VB.NET.- Add a CheckBox from the Toolbox to the form.- Click the Show All Files button at the top of Solution Explorer. This will display the files that Visual Studio creates for your project (so you dont have to). As a historical footnote, The VB6 compiler did a lot of the same things, but you never could access the code because it was buried in compiled p-code. You could develop custom controls in VB6 too, but it was a lot more difficult and required a special utility that Microsoft supplied just for that purpose. In the Form Designer.vb file, you will find that the code below has been added automatically in the right locations to support the CheckBox component. (If you have a different version of Visual Studio, your code might be slightly different.) This is the code that Visual Studio writes for you. Required by the Windows Form Designer Private components _ As System.ComponentModel.IContainerNOTE: The following procedure is requiredby the Windows Form DesignerIt can be modified using the Windows Form Designer.Do not modify it using the code editor.System.Diagnostics.DebuggerStepThrough() _Private Sub InitializeComponent() Me.CheckBox1 New System.Windows.Forms.CheckBox() Me.SuspendLayout() CheckBox1 Me.CheckBox1.AutoSize True Me.CheckBox1.Location New System.Drawing.Point(29, 28) Me.CheckBox1.Name CheckBox1. . . and so forth ... This is the code that you have to add to your program to create a custom control. Keep in mind that all the methods and properties of the actual CheckBox control are in a class supplied by the .NET Framework: System.Windows.Forms.CheckBox. This isnt part of your project because its installed in Windows for all .NET programs. But theres a lot of it. Another point to be aware of is that if youre using WPF (Windows Presentation Foundation), the .NET CheckBox class comes from a completely different library named System.Windows.Controls. This article only works for a Windows Forms application, but the principals of inheritance here work for any VB.NET project. Suppose your project needs a control that is very much like one of the standard controls. For example, a checkbox that changed color, or displayed a tiny happy face instead of displaying the little check graphic. Were going to build a class that does this and show you how to add it to your project. While this might be useful by itself, the real goal is to demonstrate VB.NETs inheritance. Lets Start Coding To get started, change the name of the CheckBox that you just added to oldCheckBox. (You might want to stop displaying Show All Files again to simplify Solution Explorer.) Now add a new class to your project. There are several ways to do this including right-clicking the project in Solution Explorer and selecting Add then Class or selecting Add Class under under the Project menu item. Change the file name of the new class to newCheckBox to keep things straight. Finally, open the code window for the class and add this code: Public Class newCheckBox Inherits CheckBox Private CenterSquareColor As Color Color.Red Protected Overrides Sub OnPaint( ByVal pEvent _ As PaintEventArgs) Dim CenterSquare _ As New Rectangle(3, 4, 10, 12) MyBase.OnPaint(pEvent) If Me.Checked Then pEvent.Graphics.FillRectangle( New SolidBrush( CenterSquareColor ), CenterSquare) End If End SubEnd Class (In this article and in others on the site, a lot of line continuations are used to keep lines short so they will fit into the space available on the web page.) The first thing to notice about your new class code is the Inherits keyword. That means that all the properties and methods of a VB.NET Framework CheckBox are automatically part of this one. To appreciate how much work this saves, you have to have tried programming something like a CheckBox component from scratch. There are two key things to notice in the code above: The first is the code uses Override to replace the standard .NET behavior that would take place for an OnPaint event. An OnPaint event is triggered whenever Windows notices that part of your display has to be reconstructed. An example would be when another window uncovers part of your display. Windows updates the display automatically, but then calls the OnPaint event in your code. (The OnPaint event is also called when the form is initially created.) So if we Override OnPaint, we can change the way things look on the screen. The second is the way Visual Basic creates the CheckBox. Whenever the parent is Checked (that is, Me.Checked is True) then the new code we provide in our NewCheckBox class will recolor the center of the CheckBox instead of drawing a checkmark. The rest is what is called GDI code. This code selects a rectangle the exact same size as the center of a Check Box and colors it in with GDI method calls. The magic numbers to position the red rectangle, Rectangle(3, 4, 10, 12), were determined experimentally. I just changed it until it looked right. There is one very important step that you want to make sure you dont leave out of Override procedures: MyBase.OnPaint(pEvent) Override means that your code will provide all of the code for the event. But this is seldom what you want. So VB provides a way to run the normal .NET code that would have been executed for an event. This is the statement that does that. It passes the very same parameter- pEvent- to the event code that would have been executed if it hadnt been overridden, MyBase.OnPaint. Using the New Control Because our new control is not in our toolbox, it has to be created in the form with code. The best place to do that is in the form Load event procedure. Open the code window for the form load event procedure and add this code: Private Sub frmCustCtrlEx_Load( ByVal sender As System.Object, ByVal e As System.EventArgs ) Handles MyBase.Load Dim customCheckBox As New newCheckBox() With customCheckBox .Text Custom CheckBox .Left oldCheckBox.Left .Top oldCheckBox.Top oldCheckBox.Height .Size New Size( oldCheckBox.Size.Width 50, oldCheckBox.Size.Height) End With Controls.Add(customCheckBox)End Sub To place the new checkbox on the form, weve taken advantage of the fact that there is already one there and just used the size and position of that one (adjusted so the Text property will fit). Otherwise we would have to code the position manually. When MyCheckBox has been added to the form, we then add it to the Controls collection. But this code isnt very flexible. For example, the color Red is hardcoded and changing the color requires changing the program. You might also want a graphic instead of a check mark. Heres a new, improved CheckBox class. This code shows you how to take some of the next steps toward VB.NET object oriented programming. Public Class betterCheckBox Inherits CheckBox Private CenterSquareColor As Color Color.Blue Private CenterSquareImage As Bitmap Private CenterSquare As New Rectangle( 3, 4, 10, 12) Protected Overrides Sub OnPaint _ (ByVal pEvent As _ System.Windows.Forms.PaintEventArgs) MyBase.OnPaint(pEvent) If Me.Checked Then If CenterSquareImage Is Nothing Then pEvent.Graphics.FillRectangle( New SolidBrush( CenterSquareColor), CenterSquare) Else pEvent.Graphics.DrawImage( CenterSquareImage, CenterSquare) End If End If End Sub Public Property FillColor() As Color Get FillColor CenterSquareColor End Get Set(ByVal Value As Color) CenterSquareColor Value End Set End Property Public Property FillImage() As Bitmap Get FillImage CenterSquareImage End Get Set(ByVal Value As Bitmap) CenterSquareImage Value End Set End PropertyEnd Class Why The BetterCheckBox Version Is Better One of the main improvements is the addition of two Properties. This is something the old class didnt do at all. The two new properties introduced are FillColor and FillImage To get a flavor of how this works in VB.NET, try this simple experiment. Add a class to a standard project and then enter the code: Public Property Whatever Get When you press Enter after typing Get, VB.NET Intellisense fills in the entire Property code block and all you have to do is code the specifics for your project. (The Get and Set blocks arent always required starting with VB.NET 2010, so you have to at least tell Intellisense this much to start it.) Public Property Whatever Get End Get Set(ByVal value) End SetEnd Property These blocks have been completed in the code above. The purpose of these blocks of code is to allow property values to be accessed from other parts of the system. With the addition of Methods, you would be well on the way to creating a complete component. To see a very simple example of a Method, add this code below the Property declarations in the betterCheckBox class: Public Sub Emphasize() Me.Font New System.Drawing.Font( _ Microsoft Sans Serif, 12.0!, _ System.Drawing.FontStyle.Bold) Me.Size New System.Drawing.Size(200, 35) CenterSquare.Offset( CenterSquare.Left - 3, CenterSquare.Top 3)End Sub In addition to adjusting the Font displayed in a CheckBox, this method also adjusts the size of the box and the location of the checked rectangle to account for the new size. To use the new method, just code it the same way you would any method: MyBetterEmphasizedBox.Emphasize() And just like Properties, Visual Studio automatically adds the new method to Microsofts Intellisense! The main goal here is to simply demonstrate how a method is coded. You may be aware that a standard CheckBox control also allows the Font to be changed, so this method doesnt really add much function. The next article in this series, Programming a Custom VB.NET Control - Beyond the Basics!, shows a method that does, and also explains how to override a method in a custom control.

What is Relativism History of Relativism Essay Example | Topics and Well Written Essays - 3250 words

What is Relativism History of Relativism - Essay Example Relativism therefore essentially argues that different point of views which are argued against and in favor of are equally valid and the difference only arises due to different perceptions and considerations of individuals. Relativism however, comprises of a body of knowledge and different point of views with common theme that some central aspects of our existence are actually relative to some other things. Issues such as moral principles, justifications are considered as relative to other variables such as the language, culture as well as biological make-up. It also suggests that our own cognitive biases towards certain issues actually restrict our ability to view things objectively therefore this bias can be contained towards wherever we use our senses. As such, relativitism suggests that our existence is actually situated into our cultural and linguistic contexts therefore our perceptions about truth can be relative.( Wisman, 1990) Universalism, however, deals with one universal truth and has religious and theological foundations also. Different religions including Christianity and Islam endorse the concept of one universal truth and reality. Universalism therefore can be used to identify the particular doctrines concerning the formation of all people. This paper will focus upon describing and exploring relativitism in details while also arguing whether it is defensible and can be reconciled with universalism or not. History of Relativism It is suggested that there are no significant philosophers who ever can be considered as relativists. However, the history of relativism dates back to Greek era when Protagoras of Abdera believes to have put forward a simple version of relativism in his treatise Truth. Protagoras outlined that all human beings are measure of all things and to things they belong and to things they don’t belong they don’t. Apparently, Protagoras was of the view that human beings are creatures which can be associated with certain things and a person is a measure of how he associates with those things. Protagoras went on to say that to me a wind may seem cold or hot but to you it may be different.( Rorty,1991) It is critical to understand that Greek were aware of the cultural differences since 50 Century BCE and onwards. Herodotus even went on to discuss the cultural differences and biases people of India and Persia held and suggested that if you were to ask them what are the best laws, they would probably mention their own laws as the best. Similar, references are also made in other literature wherein it was critically outlined that no behavior can be shameful if it is not to the person who is practicing it. Further, arguments were also presented regarding different conceptions of God.( Lutz,1991) Protagoras was considered as the first official voice in relativism though very little is known about him. Most of his teachings are presented as reference in the works of Plato. Plato interpreted his most of the work wherein he argued that each thing appear to me so it as to me and each thing appear to you so it is to you. Protagoras also discussed about the truth and how it appears to others. It has been argued that during recent times, four important schools of thoughts emerged in rel ativism which have actually challenged the traditional view about It is suggested that relativistic motives appear almost everywhere in philosophy and that the relativists have been able to keep many thinkers captive of their ideas despite the fact that relativistic arguments often lead to implausible conclusions. Much of 20th century thought on the relativism has been focused upon presenting the issue more coherently rather than further refining its fundamental principles. The initial focus was on the diversity of the