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Monday, January 27, 2020
Private Lives of Celebrities
Private Lives of Celebrities The first amendment gives U.S. citizens the right of press, and celebrities are exposed the most to people using this right. The press have spent their career trying to get their audiences the inside story of celebrities public and private lives. Celebrities should be able to keep their private lives safe and out of the press. Being in the spotlight itself can have a negative effect on celebrities. Celebrities have had negative psychological effects due to being in the spotlight of the media, paparazzi, and their fans.According to Dr. Christina Villarreal, celebrities suffer no privacy, lost sense of self, loss of challenges, imposter syndrome the feeling of being an imposter because one does not feel they deserve their success and the quest for media spotlight immortality.Celebrities end up in a negative state of mind about themselves or have no privacy outside of their homes or have the fear of fading away in the eye of the media.Jennifer Lawrence was quoted, I knew the paparazzi were going to be a reality in my life. . . . But I didnt know that I would feel anxiety every time I open my front door, or that being chased by 10 men you dont know, or being surrounded, feels invasive and makes me feel scared and gets my adrenaline going every day. (Should Celebrities Have Privacy? A Response to Jennifer Law rence)Anxiety is distress or uneasiness of mind caused by fear of danger or misfortune, which Lawrence was quoted having just from opening her front door. Jennifer Lawrence suffers from anxiety from lack of privacy outside of her home. Lawrence isnt the only celebrity, and isnt the only one who suffers from lack of privacy just because their . No human should suffer from their job. There are laws about taking pictures about normal everyday people.In some states you can not take pictures or personal information of people without their permission, which does not seem to have any effect on the paparazzi.Missouri recognizes three separate types of violations of the right of privacy pertinent to photography: intrusion upon seclusion, public disclosure of private facts, and misappropriation of a persons identity. (Legal Issues In Photographing People) Missouri is one of the states that have regulations on photographing and the private information of the ordinary person. According to Legal Issues in Photographing People, In the state of Missouri, photographer will be liable in a civil action if he or she takes a photograph of a person and in doing so violates that persons right of privacy, takes and uses a photograph of a well-known person, or be held responsible for trespass if he or she onto the property of another without permission to take a photograph of a person even if the photographer could have taken the same photograph from public property. There are specific regulations that any photographer needs to follow when taking pictures of people. Celebrities deserve to be treated like any other person on the street, though for celebrity photographs it seems the paparazzi and press have put regulations aside. Celebrities private lives might peek interest in the press, media, and the public eye, but that doesnt given anyone the right to intrude to get the pictures and stories of celebrities private lives. There is still the debate of rather or not the first amendment protects press and paparazzi showing and telling the private lives of celebrities. The right to press and the right to speech are both given to us American citizens, though never says the photography is part nor a need of either one of those.Newspapers and books are speech, yet they are sold too. What if one wanted to sell a non-consensual photo taken of a Congressperson caught red-handed in a crime? We would likely not want to restrict that. Maybe we can limit the law to non-consensual photos that are not of legitimate public concern (Should Celebrities Have Privacy? A Response to Jennifer Lawrence). Professor Solove mentions that the limit of non-consensual photographs, when not legitimately a concern to the public eye, coul d be limited. In all reality non-consensual pictures with no true public concern should be limited. Former Friends star, Jennifer Aniston, found herself unknowingly baring it all back in 1999 when she was sunbathing topless in her own backyard. An overzealous photographer decided to scale her neighbors fence and take pictures of Aniston using a high-powered lens. He then sold the photos and they were eventually published in several magazines (10 Times When the Paparazzi Truly Crossed the Line). Jennifer Anistons privacy was intruded on by the paparazzi, the fact she was in her backyard was no true public concern. The first amendment gives American citizens the right of speech and press, but if it is of no legitimate concern to the public photographs and stories taken without consent should not be okay. Celebrities shouldnt have to worry about the press or the paparazzi in their private lives. There have been a multitude of times where the press and the paparazzi have gone too far to get the story and/or picture of a lifetime.According to Camille Moore these are a few cases where paparazzi truly crossed the line. Chris Brown And Tori Spelling: While in two separate places and separate situations, the two celebrities were both victims of being in a car chase with the paparazzi and ending each with the respective celebrity crashing into a wall in an attempt to get away. Arnold Schwarzenegger: Schwarzenegger and his wife were boxed in the car they were driving by the paparazzi and were trapped for hours while the paparazzi took as many pictures as they could. Justin Bieber: In 2014, a photographer was killed after being struck by car while chasing a car he thought to belong to Bieber. Nicole Kidman: Kidman was hit by a paparazzo on his bike going 20 MPH when he could not stop fast enough after following Kidmans car. Lindsay Lohan: While trying to get a photograph of Lohan, a paparazzo sped through traffic and purposely crashed his car into hers. While not all paparazzi and photographers are this desperate to get their pictures, it does show that many have stepped the line and,in some cases, got themselves and/or others harmed. The story of Princess Dianas fatal run in with the paparazzi is perhaps the most tragic of them all. In 1997, Princess Diana and her friend, Dodi Fayed, were followed by a group of photographers. Although her driver attempted to lose the group, he lost control of the car and crashed in the tunnel. The crash resulted in the death of Princess Diana, Dodi Fayed, and the driver. (10 Times When the Paparazzi Truly Crossed the Line) The story of Princess Dianas death, and the fact that the paparazzi just stood and took pictures, is the ultimate proof that around the world celebrities private are put in harms way, causing worry about their lives away from the public. Many celebrities have been in harming or, in some unfortunate cases, fa tal outcomes with press. The private life of anyone should be one that is safe. The spotlight life of a celebrity can have negative effects on any and each celebrity. There are laws about taking pictures about normal everyday people, which should be followed for celebrities too. Celebrities private lives might peek interest in the press, media, and the public eye, but that doesnt given anyone the right to intrude to get the pictures and stories of celebrities private lives. Celebrities shouldnt have to worry about the press or the paparazzi in their private life. In conclusion, Celebrities should be able to have a private life that stays safe and private. Works Cited Gerdelman, Bernald W. Legal Issues in Photographing People |. St. Louis Divorce Attorney. Paule, Camazine Blumenthal, P.C., 09 May 2016. Web. 06 Feb. 2017. Moore, Camille. 10 Times When the Paparazzi Truly Crossed the Line. Celebrity Toob. Celebrity Toob, 28 July 2015. Web. 09 Feb. 2017. Solove, Daniel J. Should Celebrities Have Privacy? A Response to Jennifer Lawrence. TeachPrivacy. TeachPrivacy, 04 Aug. 2015. Web. 06 Feb. 2017. Villarreal, Christina. The Psychological Impact of Being in the Spotlight the Emotional Struggle of Celebrities. Dr. Christina Villarreal. Dr. Christina Villarreal, 26 Mar. 2010. Web. 02 Feb. 2017.
Sunday, January 19, 2020
History of Trinidad Essay -- Essays Papers
History of Trinidad The history of Trinidad began far before Columbus landed on the island. Before any Spanish lived on the island, it was inhabited by two indigenous tribes. The Arawaks lived in the southern region of the island. The Caribs, who were regarded as a much more violent and vicious than the Arawaks, lived in the north. The Caribs are described as ââ¬Å"warlikeâ⬠people and for this reason they were able to withstand more of chance fighting the Spanish conquerors, though not enough. The recorded history of the island begins with Columbus' landing in July 31, 1498. The island was appropriately named Trinidad after the Holy Trinity. Spain showed little interest in the new territory until about 1530 when Antonio Sedeno was named Captain-General of the island for life. This mission did not last as many suspected, Sedeno returned back to Spain within four years after not being able to tame and civilize the natives. Donimgo de Vera in St. Joseph established the first permanent settlement in 1592 in St. Joseph. Over the next two centuries more attempts at colonization were made but with little success. This all culminated in 1699 with the Arena Massacre, in which the natives killed the Spanish governor and all but one of his men and all of the priests. This kept people weary of the island and it's people until the end of the 18th century. True colonization was not until the Cedula of Population was established in 1783. This document was designed to draw people of ot...
Saturday, January 11, 2020
Nervous Wedding Day
As the bright yellow-red sun settled along the seashore, the tan soft sand blew on my red like tomato face. I wondered if this uncomfortable scenery was going to be the same as for my angelic wedding in just two days. In just two days, I was marrying the love of my life and I couldn't be more nervous than a shaking and terrified pig at a slaughter house. The day came and this terrible humid weather made me sick, but when I saw my handsome soon to be husband with his glimmering eyes stare at my silky embroider dress, I melted like a popsicle during summer.My experience of this day was memorable because of the horrible weather, my panic attacks, and the fascinating union of my husband and I. All I could think about was how my sparkling makeup looked after the sweat drops that rolled throughout my skin. I kept asking myself why I let my husband choose the venue! The blue water looked as brilliant as the sunshine hit on it, causing such a humid weather. I thought to myself, ââ¬Å"Are my guests going through this too? â⬠I prayed that they wouldnââ¬â¢t be able to notice the nasty drops roaming on their face.As I was getting walked through the isle, all I could see were tiny like ants sweating gallons of drops. It couldnââ¬â¢t be possible, my family and friends were not too pleased. For a minute I felt like running away because of the embarrassment I felt towards my guests and their discomfort. Time was going as slow as the rain clouds reaching the dessert. Finally, the ceremony was over; it seemed like an eternity. Now it was time to jump and party! The humidity was long gone, the beautiful moon shone over my guests. Everything was too good to be true.We greeted the invites with a wide smile from ear to ear and a hug as tight as a corset. Our friends and family started getting served, until a horrible torment of wind came in. ââ¬Å"Oh no! â⬠, I shouted, first the humidity and now sand. My wedding was supposed to be as amazing and magical as a Disne y movie. I started with my horrible panic attacks. I lacked breath like a fish out of the sea, gasping for air. I saw my husband running as fast as a flash towards me, holding me and blowing air to my face with a paper fan. Slowly I recuperated from this horrible attack.I was relieved when I heard the manager from the venue say he was prepared for unexpected weather with his indoor ballroom. I felt like back in high school when the professor cancels a test you didnââ¬â¢t study for. Now that we were inside, nothing could go wrong! After all the troubles, my husband and I enjoyed the juicy chicken bathed in a special sauce, the eight stair white cake and the non-stop dancing of our wedding. I had forgotten the true meaning of this day because the conflicts we encountered. I had not realized that this was the day I married my highs school sweetheart.This was the day my heart, my soul, and all of me were unified to my other half. With the simple thought that I was going to spend the rest of my life with my husband, it made my heart pound so strong that I could hear it rumble in my ears. I felt a warm tingly sensation inside of me seeing myself reflected in the mirror with my long-tailed dress. My feelings moment before my wedding were immensely beautiful, feelings I had never experienced before. So many things went wrong on this day but as long as I went through them with my husband, it should be as easy as the breeze that blew at my wedding.My wedding day experience can be described as memorable. It was such a memorable day because of the horrible weather, my panic attacks, and the wonderful union of my husband and me. The horrible weather made me worried that the guests were as uncomfortable as a fat lady with a dress that doesnââ¬â¢t fit. My panic attacks wore me out just like the feeling after a three hour workout at the gym. This day was hectic and made me nervous, but knowing I had my husband next to me, made everything worth it. I wouldnââ¬â¢t chan ge this memorable day for anythingâ⬠¦maybe just a better venue!
Friday, January 3, 2020
Attribution Error And Self Serving Bias - 2175 Words
As human beings, there is a need to have an explanation for anything such as, behavior of others or self, in order to make the world more foreseeable. But those explanations could involve bias and often incorrect. Two errors of attribution is the fundamental attribution error and self-serving bias. Fundamental attribution error (FAE) is the tendency of an observer to overestimate the influence of personal dispositional factors and underestimate the influence of situational factors causes for behavior. And self-serving bias (SSB) is the tendency to attribute successes to personal disposition but attribute failures to situational factors. Knowledge of errors of attribution such as, FAE and SSB, were developed through two studies, The Power of Situations: Jonestown and the Fundamental Attribution Error conducted by Heidi R.Riggio and Amber L. Garcia and Attributions in the Sports Pages (1980) conducted by Richard R. Lau and Dan Russell. These two studies were important in establishing u nderstanding of fundamental attribution error and self-serving bias. In The Power of Situations: Jonestown and the Fundamental Attribution Error by Heidi R.Riggio and Amber L. Garcia examined if a real-life example such as, the cult, Peopleââ¬â¢s Temple or Jonestown, could influence use of the fundamental attribution error. Fundamental attribution error is the tendency of an observer to overestimate the influence of personal dispositional factors and underestimate the influence of situationalShow MoreRelatedErrors in Attribution1404 Words à |à 6 PagesDiscuss two errors in attributions Attribution bias is the illogical reasoning behind peopleââ¬â¢s decisions about oneââ¬â¢s own and othersââ¬â¢ behaviour by giving objective views on situations, it is essentially faults in a process of elucidation and can lead to errors in interpretation of our own and otherââ¬â¢s behaviour because: a) People are ââ¬Ëcognitive misersââ¬â¢ ââ¬â we do not examine all the evidence provided or we take mental shortcuts (linking to social cognition) to reach a conclusion, leading to wrongRead MoreAttribution Theory On The Decision Making Process Of Tom And Amy1228 Words à |à 5 PagesExplain attribution theory. Draw on the mini-case to identify and explain three biases or errors that may affect the decision-making process of Tom and Amy. Discuss why attribution theory is important in relation to organisational behaviour and decision-makers in organisations. Attribution theory, as a powerful model for explaining and exploring decision making in the job selection, which helps us to determine whether an individualââ¬â¢s behaviour is internally or externally caused. The attributionRead MoreAttribution Process1136 Words à |à 5 PagesAttribution process McShane Glinow (2008) have proposed attribution process, a different perceptual activity, helps us interpret the world around us. The attribution process involved deciding whether an observed behavior or event is caused largely by internal or by external factors. The perceptual process of deciding whether an observed behavior or event is largely caused by internal or external factors. As Luthans (2008) said, attribution refers simply to how people explain theRead MoreFritz Heider : The Theory Of Attribution Theory1224 Words à |à 5 PagesThe second component of social perception is attribution. Attribution is the process in which we attach meanings of otherââ¬â¢s behaviors. Similarly, attribution theory refers to the study of models people implement in order to make judgments about the behavior of others. Fritz Heider, an Austrian psychologist whose work was related to the Gestalt school, published ââ¬Å"The Psychology of Interpersonal Relations,â⬠which expan ded his creation of attribution theory. Heider initiated that ââ¬Å"people are naà ¯ve psychologistsRead MoreHow Do People Explain Their Own And Other People s Behavior?1444 Words à |à 6 Pagesunderstand the behaviour of others and ourselves; the process of trying to understand this is known as attribution. There are several theories of attribution processes that will be explored in this essay, such as Heiderââ¬â¢s (1958) naà ¯ve scientist theory, Weinerââ¬â¢s (1979) attributional theory, Jones and Davisââ¬â¢s (1965) correspondent inference theory and Kelleyââ¬â¢s (1967) co-variation model. Attribution can be affected by our schemas (knowledge about particular concepts based on previously attained information)Read MoreJudgment Biases and Attributional Biases Essay3369 Words à |à 14 Pagesto investigate how people attribute actions and behaviors exhibited, not only by themselves, but also those around them. These attributions shape the way an observer feels and reacts to others, and how people feel about themselves due to their own actions. The correspondence bias (fundamental attribution error) and the self-serving bias are two errors made in attribution by virtually every human being (Baron Byrne, 2000). Both of these biases can be shown not only in adults, but also childrenRead MoreTaking a Look at Conflict Resolution722 Words à |à 3 Pagesconcern for neither face. The distributive strategy uses the dominating style of handling conflict and emphasizes the individuals own power, this style reflects concern for self-face. The integrative strategy consists of awareness of both sides, which work together through integrating and compromising styles and is reflective of both self and other face because both parties are in need for a solution. If a conflict is seen as important, the conflict is more likely to be avoided (Sillars, 1980). DependingRead MorePerception Is The Organization, Identification And Interpretation Of Sensory Inform ation1209 Words à |à 5 Pages The attribution theory says that when we observe behaviour we try to determine if it is internally or externally driven. If it is internally driven it is under the personââ¬â¢s control whereas external causes are not under the individualââ¬â¢s control. While people strive to find reason for behaviour, they fall into many traps of biases and errors. As Fritz Heider say, ââ¬Ëour perception of causality are often distorted by our need and certain cognitive biasesââ¬â¢ (Forsyth, 1987). The common errors and biasesRead MoreThe Day Of Everyday Life1274 Words à |à 6 Pagesbegin to make sense of the selections and organizations that they previously made. In the case of Carlie and Jenni, they did this by creating attributions for each of their roommates. An attribution is an explanation of why something happened or why someone acts a certain way (Heider, 1958; Kelley, 1967; Manusov Spitzberg, 2008). While creating these attributions, they began to use the dimension of locus to attribute their roommates actions to external or internal factors. One example of this is whenRead MoreAttribution Theory, By Fritz Heider Essay1714 Words à |à 7 PagesThis paper acts in order to introduce and clarify Attribution Theory, in addition to demonstrating when it is purposeful and to what extent it is accurate. This will be accomplished through an explanation of the theory, which consists of its origins and key concepts. A communicative episode will be included to serve as an illustration, along with an analysis of the episode in order to explain the theory in motion. Lastly, its applications, assets, and liabilities are stated. Explanation of Theory
Thursday, December 26, 2019
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 ââ¬Å"useâ⬠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 ââ¬Ëhold personal dataââ¬â¢[2]. The charge was for the criminal offence[3] under s 5(2)(b) of the1984 Act, which stated that: ââ¬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 notâ⬠¦(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 entryâ⬠¦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. Donââ¬â¢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, ââ¬Å"useâ⬠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 ââ¬Å"do something to the dataâ⬠¦Ã¢â¬ which meant that the case was decided entirely on the appropriate answer to the legal question, which was: ââ¬Å"Whether the word ââ¬Ëuseââ¬â¢ 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 informationâ⬠¦Ã¢â¬ This paper analyses the decision reached by the House of Lords with regard to the interpretation of the word ââ¬Ëuseââ¬â¢. 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: ââ¬Å"since the word, ââ¬Ëuseââ¬â¢ is not defined in the Act, it must be given its natural and ordinary meaning. Synonyms of the verb ââ¬Ëuseââ¬â¢ are ââ¬Ëto make use ofââ¬â¢ or to ââ¬Ëemploy for a purposeââ¬â¢.[5]â⬠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 ââ¬Ëuseââ¬â¢ of ââ¬Ëdataââ¬â¢. He ascertained from this analysis that the act of retrieval therefore did not constitute ââ¬Ëuseââ¬â¢ of the computer information but was a mere prerequisite[6] to that use. Further to this, with reference to the meaning of the word ââ¬Ëdisclos ingââ¬â¢[7], which also has no definition within the statute, Lord Goff made the crucial observation that: ââ¬Å"â⬠¦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 useâ⬠¦[8]â⬠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 ââ¬Ëuseââ¬â¢ within the context of the provision within the statute. As well as analysing the equivalent provisions for the word ââ¬Ëdisclosingââ¬â¢, he also referred to other provisions within the 1984 Act, including part I of the Schedule, which stated that: ââ¬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]â⬠This provision clearly shows the word ââ¬Ëuseââ¬â¢ 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 ââ¬Ëuseââ¬â¢ of data after retrieval and inevitable transfer from the electronic format. This reasoning is based on the linear timescale of the criminal act of ââ¬Ëuseââ¬â¢ 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 ââ¬Ëoffers for saleââ¬â¢ 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 ââ¬Ëofferââ¬â¢ from the far more gener al ââ¬Ëinvitation to treatââ¬â¢ and, had the court stretched the meaning of ââ¬Ëofferââ¬â¢ 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 ââ¬Ëretrievalââ¬â¢ being an acceptable element of the meaning of ââ¬Ëuseââ¬â¢. Lord Hoffmanââ¬â¢s argument instead hinged crucially on the belief that the acts of the defendant fell in line with the definition of ââ¬Ëprocessingââ¬â¢, which, under s 1(7) of the 1984 Act includes: ââ¬Å"â⬠¦extracting the information constituting the dataâ⬠¦[12]â⬠Lord Hoffman then stated that processing is entirely different from ââ¬Ëusingââ¬â¢ 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 ââ¬Ëprocessingââ¬â¢ and ââ¬Ëusingââ¬â¢ whereby the former was principle 1 (Sched) enforcement of data protection and the latter, as a ââ¬Ëmore extreme form of data processingââ¬â¢[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 ââ¬Ëprocessingââ¬â¢ 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 ââ¬Ëelectronically readableââ¬â¢ subject matter that, when translated into text on the screen, became the wholly distinguishable ââ¬Ëinformationââ¬â¢ that was intelligible to the human mind. The result of this shift in the designation of the subject matter from ââ¬Ëdataââ¬â¢ to ââ¬Ëinformationââ¬â¢ 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 ââ¬Ëuseââ¬â¢ should be given a ââ¬Ëbroad constructionââ¬â¢ 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 ââ¬Ëuseââ¬â¢ to illegitimate display and retention for potential dissemination in the future would by no means constitute a stretch of the definition of ââ¬Ëuseââ¬â¢ 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 ââ¬Å"useâ⬠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 ââ¬Å"useâ⬠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 ââ¬Ëgap in the lawââ¬â¢ 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
Tuesday, December 17, 2019
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. Nietzscheââ¬â¢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 aboutâ⬠¦show more contentâ⬠¦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 ââ¬Å"ONâ⬠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 ââ¬Å"24.â⬠Issues and Controversies reports: ââ¬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 peopleâ⬠(ââ¬Å"Race and Ethnicity in Entertainmentâ⬠). 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 ââ¬Å"Muslimâ⬠to the phrase ââ¬Å"terroristâ⬠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 à |à 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 à |à 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 à |à 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 Reganââ¬â¢s implementation of the ââ¬Å"war on drug lawsâ⬠centered in poor urban black neighborhoods stripped of jobs, resources, and basic public services. 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Racial profiling has been around for quite some time in America and it more than often benefits the majority population (white America). More recently, the controversial topic has been brought to light. The debate over Racial Profiling topic is whether or not racial profiling is wrong or right. Multiple opinions from notable sources have been debating over this topic for decades. Some sources give reasons and examples in orderRead MoreRacial Discrimination And Racial Profiling1524 Words à |à 7 Pages In our society today, racial discrimination and inequality continues to be an issue. Regardless of the advancements we make in our society in terms of race, discrimination is something that can not simply be erased. The conflict with discrimination is evident when we look at the issue of racial profiling. Racial profiling refers to the treatment of an individual based on their race or ethnicity (Statistics of Racial Profiling 1). It is often a tool being used by law enforcement when deciding toRead MoreRacial Profiling And Its Impact On Society1209 Words à |à 5 PagesCases of Racial Profiling There are tons of cases of Racial Profiling. Now a days many people are being targeted or attacked by racial profiling. Laws are being passed but not every police officer is following up with it. And because of this more and more people are becoming irritated with the government system. Just because a particular person from a particular race does something wrong, everyone from that race is being discriminated by so-called other races. Racial profiling is getting
Monday, December 9, 2019
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.
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