Saturday, December 28, 2019

The Second Amendment Of The United States - 1513 Words

The Fourth Amendment states in part â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated†¦.† 14 United States Code 89 gives the U.S. Coast Guard authority to board, inspect, or seize any U.S. vessel on the high seas or in U.S. territorial waters. The Supreme Court has ruled not every search or seizure requires probable cause or a search warrant, however, these are the exception to the rule. The Coast Guard’s blanket authority to board any U.S. vessel at any time harkens back to the British treatment of colonial America and fly’s in the face of the Fourth Amendment. According to Linda Monk in The Words We Live By, colonists resented the British practice of general warrants. This allowed British agents to search anywhere they wanted and seize anything they pleased. Colonials resented this practice to the point that upon securing independence from Britain, eight states prohibited general warrants in their state constitutions. The areas to be discussed are what constitutes a reasonable expectation of privacy, reasonable searches and seizures, the requirement to establish probable cause, and when has the court ruled to the contrary. The first step in contrasting the Fourth Amendment and 14 USC 89 is to define whom these apply. According to Amar in America’s Constitution: A Biography, the term ‘the people’ used in the Fourth Amendment suggested the intent was to protect the person asShow MoreRelatedThe Second Amendment Of The United States1725 Words   |  7 Pagesâ€Å"Americans are deeply divided over the Second Amendment. Some passionately assert that the Amendment protects an individual’s right to own guns. Others, that it does no more than protect the right of states to maintain militias† (Cornell). The Second Amendment of the constitution gives citizens the right to bear arms, and is therefore one of the most important laws of the nation. This amendment holds an important value to our nation because, it prevents tyranny but, it also protects, spreads, andRead MoreThe Second Amendment Of The United States874 Words   |  4 PagesWhen comes to the second question’s a nswer; the citizens of the United States take power from the Second Amendment of the Constitution to get a gun. Second Amendment of the United States that was adopted in 1791 emphasizes, â€Å"Every individual was granted the right of gun ownership and bearing gun† (Diaz, 54). For those citizens who want to buy a gun can put their constitutional rights forward so that all barriers can easily be eliminated in front of owning a gun. People may want to have a gun dueRead MoreThe Second Amendment Of The United States1367 Words   |  6 Pagesinterpreting the Second Amendment date back to the turn of the twentieth century because so many viewpoints and regulations have accumulated; it is all in the manner of which interpretation citizens subscribe to- loose verses strict interpretation. Due to the controversies, certain gun regulations have been enacted and fears have risen because of this. In the Second Amendment of the Constitution of the United States, it states, â€Å"A well regulated militia, being necessary to the security of a free state, theRead MoreThe Second Amendment Of The United States1472 Words   |  6 PagesGun Control The Second Amendment of the constitution of the United States was adopted on December 15, 1791. â€Å"A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed† (Gun Control Laws). There is controversy on the exact meaning of the Second Amendment. There is also a lot of controversy surrounding guns and gun laws, and what could be done to prevent gun violence and mass shootings in our country. There has toRead MoreThe Second Amendment Of The United States2402 Words   |  10 Pages The United States of America has always been referred to as the land of the free. The United States Constitution and the Bill of Rights were put in place to ensure that the citizen’s basic rights were not violated. Even with these documents in place, certain rights have often been the center of heavy debate. The fourth amendment which protects against unreasonable searches and seizures, or the first amendment which protects free speech, or the fifth amendment which protects you from self incriminationRead MoreThe Second Amendment Of The United States1425 Words   |  6 PagesThe Second Amendment to the Constitution was adopted on December 15, 1791 protects the right for people to â€Å"keep and bear arms.† This issue is always a controversial topic not only around election time but becoming more and more a subject for conversation everywhere we go. Gun ownership in the U.S. has a tremendous high rate as well as gun violence. At least 270 million firearms are owne d by Americans and found in 47% of homes. In 2015, an estimated 13,286 people were killed by guns and 26,819Read MoreThe Second Amendment Of The United States1666 Words   |  7 PagesIntroduction The fourth amendment of the United States Bill of Rights states that â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.† (â€Å"Bill of Rights†). Within the text of this amendment, the word ‘unreasonable’ is oneRead MoreThe Second Amendment Of The United States Constitution1774 Words   |  8 Pagesfamily. It is not the duty of the federal government to dictate what a citizen chooses to legally defend themselves with. The second amendment of the United States Constitution was ratified on the 15 of December, 1791 and was drafted by future president James Madison. The text of the second amendment reads â€Å"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.† There has been much debate in our country regardingRead MoreThe Second Amendment : The United States And Its Citizens978 Words   |  4 Pagesbegin this essay, I will state that I believe that the second amendment is truly beneficial to making money in the U.S. economy. First, I want to cover why this amendment is important to the United States and its citizens. For example, one of my most favored actors Ice-T has proven to be a very big supporter of gun rights and an avid backer of the 2ND Amendment, and in an interview with Channel 4 TV in London, England he states that ,â€Å"Yeah, it’s legal in the United States. It s part of our ConstitutionRead MoreThe Second Amendment Of United States Constitution1350 Words   |  6 PagesIntroduction The second amendment of United States constitution said â€Å"A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed†. This amendment was embraced on December 15, 1791, taking in consideration that American citizens have a natural right to self-defense and they can help to accomplish the following purposes: Permitting the people to organize a militia system Contributing in law enforcement Deterring

Friday, December 20, 2019

Sex Slavery Essay - 976 Words

Sex slavery is an abusive weapon of power that has lasted thousands of years. It is a form of slavery that limits the victims autonomy, mobility, and power in regards to their own sexual activity. As we progress through time, we see a relationship between sex slavery and slaves brought to the Americas during the Transatlantic slave trade. When the trade was banned in 1808, slave owners wanted to ensure their slave labor in any way possible, and they came to the idea of extending the descendants of the current slave generation thats in their reach. Unfortunately, that did not limit contributors to selling just their task labor, but also their bodies, minds, souls, and dignity for the continuing slave era. However, that did not exclude†¦show more content†¦On the womans side, she would drown in her shame due to the brutal attack by the owner.One of many struggles for slave women was sexual abuse that they had to face and go through. As said by a slave herself, Harriet Jacobs , clearly explaining the difference between white and black sexuality. I once saw two beautiful children playing together. One was a fair white child; the other was her slave and also her sister... The fair child grew up to be a still fairer woman. From childhood to womanhood her pathway was blooming with flowers, and overarched by a sunny sky†¦ How had those years dealt with her slave sister, the little playmate of her childhood? She, also, was very beautiful; but the flowers and sunshine of love were not for her. She drank the cup of sin and shame, and misery, whereof her persecuted race are compelled to drink. Slave sex was spread among people more than they were willing to admit, leaving strangled and oppressed women to suffer more for what they have fallen into. Sex slavery didn’t stop, as we might think, between male owners versus women slaves, nevertheless, it was widely common among women owners versus male slaves too. Women and their positions were considered minor and subservient. Dominated by their husbands, white women shared semi-mutual feeling with black women slaves. To suite themselves, accompanied with some sense of power and control away from controlling and submissive husbands, white mistress tookShow MoreRelated Slavery and Sex Trafficking Essay1303 Words   |  6 Pagesthe word slavery our mind paints a picture of colonial America down in the South with big plantation houses harvesting wheat, with workers being unpaid and unfairly treated. At this time in our county we were struggling with the idea of equality for all. America has come a long way from those days but not with out a fight. Abraham Lincoln, the Civil Rights moment and free and public education has been addressed. Today, we face a new conflicts and a dif ferent type of slavery. Slavery and sex traffickingRead MoreThe Sex Trade: Slavery and Prostitution Essay1387 Words   |  6 Pagestheir slaves (Potocky, 2010). Sex trade is a global problem presently and will increase throughout the world if nothing is done to prevent and eliminate it. Sex slavery is a type of prostitution in which the trafficker’s make an increased profit through the solicitation of slaves. Sex trade will continue if nothing is done to prevent it globally. Lastly, in order for sex slavery to be abolished, international governments will have to take action and support anti-sex trade. A future epidemic of womenRead MoreSex Trafficking: Modern-day Slavery Essay1131 Words   |  5 PagesSex trafficking according to the National Human Trafficking (2000) is defined as a modern-day form of slavery in which a commercial sex act in induced by force, fraud or coercion, or in which the person induced to perform such an act is under the age of 18 years. Sex traffic king is mostly comprises of force, fraud and underage women or men to engaged in unwilling activities in order to get what they need in life. Most often people are brought to the United State specifically in search of job butRead MoreWriting And Communication Skills At The University Of Southern Mississippi932 Words   |  4 Pagesrhetorical choices, and discovering other meanings are all part of the revision process. I have chosen to revise the research essay and edit my rhetorical analysis to demonstrate that I have taken these goals into consideration and was able to provide a well written essay. Throughout this semester I have learned the importance of writing comprehensibly and efficiently when writing an essay. This is essential to provide not only the audience with an easy understanding of what will be discussed in the paperRead MoreThe Issue Of Sex Trafficking Essay1442 Words   |  6 Pagessystem of slavery. â€Å"This by means happens with the threat or use of force† or other forms of pressure, of abduction, â€Å"fraud, and deception†. Human trafficking is one of the biggest social issue happening around the world. It involves three most common types of human trafficking which are sex trafficking, forced labour, and debt slavery. This essay is going to focus on sex trafficking. Sex trafficking is very common and it happens all over the world. This essay will be aiming at the issue of sex traffickingRead MoreAnalysis Of Henry David Thoreaus Civil Disobedience1432 Words   |  6 Pagesone of the most known essay written by Henry David Thoreau. Publishe d in 1866, it was written shortly after Thoreau spent one night in jail due to not paying a poll tax. Outraged by been imprisoned Thoreau wrote the essay to slam the government on many of the issues that were occurring at the time, some events like the Mexican-American war and slavery were the two major targets he bashed as he was opposed in going to war against Mexico and called for the abolition of slavery. Of course, his pointRead More The Subjection of Women and Slavery Essay1201 Words   |  5 PagesIn this first unit, one of the readings that really caught my attention was John Stuart Mill’s The Subjection of Women. In his essay, Mill’s presents a very compelling argument that the subordination of one sex to another is wrong and that there should be instead, perfect equality amongst the sexes. Having previously studied about gender inequality issues from another class, I have a broad understanding of how and why gender inequality has been perpetuated through var ious historical, political, andRead MoreThe Effects Of Slavery On A Macro Level1682 Words   |  7 PagesIf we think of Slavery we think of it as an event in our history that degrading blacks, and only blacks. We, at least I don’t think of it as effecting whites, but if we look at the two authors Baldwin and Coats we see slavery and racism can be viewed on a whole different level. Blocking out stereotypes Coates and Baldwin give us an inside look on what it was actually like like to own or to be a slave. Baldwin, talks about the effects of slavery on a micro level, and talks about how it affectsRead MoreHuman Trafficking is Slavery Essay1605 Words   |  7 Pages In this essay, the history of human trafficking will be examined, followed by who is affected by trafficking. Next the scope and types of exploitation will be discussed. Human trafficking is an issue that affects countries all over the world. Governments have made an effort to curb trafficking, however these eff orts have been very narrowly focused. American ignorance has led to poor handling of the issues by policy makers. Finally the essay will discuss a proposed solution and set some goals forRead MoreChains : On The Neck1179 Words   |  5 Pageskeep doing it. This is what occurs in the historical situation known as slavery. In slavery, the person working or performing a task is doing so against his/her will or desire. He or she simply cannot choose to stop. Slavery doesn’t have to involve two or more subjects. It can involve one person, thanks to their complex human brain. One person can force themselves to keep doing something even though they may not want to. Slavery, then, is the forced submission of a person to act or do something according

Thursday, December 12, 2019

Use Case Diagram free essay sample

Draw a use case diagram for an ATM machine with the following functionality. A customer’s interaction with the system involves logging in, making withdrawal requests, deposit requests, and balance inquiry requests. If the customer logs in, there is a possibility (although rare) that the system will confiscate the card (for example, if the login is incorrect or if the bank determines that the customer’s balance is significantly under zero). Card confiscation involves triggering an alert, which will be received by the branch manager of the bank. If the customer does a balance inquiry, this of course causes the system to check the balance. Checking the balance is also done when the customer requests a withdrawal, since the system must verify that enough money is in his account. In principle, checking the balance is a function that may be performed to support many use cases throughout the system. 2. Draw a use case diagram for a hospital admissions system. We will write a custom essay sample on Use Case Diagram or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page This system serves six types of users: patients, admissions receptionists, floor nurses, medical technologists, physicians, and release receptionists. When a patient comes to the hospital, the patient and admissions receptionists use the system to perform a check-in procedure. Check-in procedures all involve the same steps, such as getting patient information, insurance, information, etc. Some check-ins are for inpatients; for these there are additional check-in steps for assigning the patient to a room and bed. The floor nurse uses the system to perform two tasks. First is the task of obtaining a list of all patients on the floor. Second is a task of entering patient notes. The medical technologist also performs two tasks on the system. One is to retrieve the patient record, and the second is to enter lab service notes. The physician performs two tasks as well, one of which is to obtain her rounds schedule and the other is to enter patient notes (which is the same system process used by the floor nurse). Finally, the patient and release receptionist go through the check-out procedure. As can be expected, there are some tasks that are shared by several processes. Specifically, check-in, check-out, entering patient notes and entering lab services all require updating the patient record in the database. Also, retrieving the patient record is a task required to support processes such as listing floor patients, receiving rounds schedules, and updating the patient record.

Thursday, December 5, 2019

Political Philosophy of Thomas Hobbes and Rene Des Essay Example For Students

Political Philosophy of Thomas Hobbes and Rene Des Essay cartesPolitics should be the application of the science Of man to the construction of the community Explain this remark and discuss what reasons there might be for thinking it is not trueIn this essay I intend to examine the political philosophy of Thomas Hobbes and Rene Descartes, in particular their ideas relating to the science of man, and attempt to explain why their ideas prove that it is not possible to construct a science of man. I will also briefly mention the philosophy of Donald Davidson in regards to a science of man.The theories of Hobbes and the contemporary socio-biologists attempt to recognise how man works and on that basis build a society.Hobbes wished to be seen as the inventor of the science of politics (Sorrell, p45) He went about this by looking at the psychology of man and discovering that man is a mechanism. Hobbes wanted to understand mechanics. He wanted to look at why men live the way that they do in society and therefore, breaks it down. By doing this he discovered that people are cogs in the social machine. Therefore he wants to examine this cogs to achieve an understanding of the social mechanism, and does this by looking at the psychology of the mind. Hobbes is both an empirist and a materialist. Empirists believe that sense gives all knowledge. Generally, they do not believe in astrology, god, electrons etc. Their philosophy is summed up by saying that all things that give true knowledge can be sensed. Materialists believe that all things in existence are physical matter. In other words, the soul and the spirit do not exist.Therefore Hobbes believes that thoughts are material, that they are caused by sense and vice versa.Tom Sorrell suggests in his essay, entitled Hobbes scheme of the sciences, that rather than have knowledge of how the mechanics of the minds passions work, a more successful way of gaining political knowledge is to understand what these passions cause. They cause various degrees of action, with the possessor going to various extents to achieve what they want. In chapter six of De Corpere, Hobbes makes a connection between the knowledge of the principles of politics and the knowledge of the motions of the average human mind.Hobbes account of political science is an idea of what man must do if his goal is self-preservation. These ideas are not what mankind will do but what it will have to do, in a rational way, to form a political civilisation.One would assume that as Hobbes identifies both a natural science (that of the work of nature), and a civil science that of the common wealth (which makes laws and wills), he would suggest that they are parallels which, in political philosophy, work together. However, there are a few problems with Hobbes theory. Hobbes suggests that a monarch makes a better sovereign than an assembly. Yet, surely he would not agree that a monarch who is not dedicated would be better suited than a group of thoughtful representatives.A politically secure society is built up from its people. Hobbes believes that these people all have one motivation; self-gain, or to be more precise self-preservation. Hobbes suggests that there is a link between voluntary motion and vital motion. He goes on to say that senses work together with the vital motions to produce that which is voluntary, i.e. an endeavour. These endeavours can be categorised in two ways; attractions and aversions. An example of an attraction is to pick up a piece of cake because it looks good. That of an aversion is to run away from a dog because you are scared of dogs. .u38ec1a6aa3b0585a3e577fccc8e31342 , .u38ec1a6aa3b0585a3e577fccc8e31342 .postImageUrl , .u38ec1a6aa3b0585a3e577fccc8e31342 .centered-text-area { min-height: 80px; position: relative; } .u38ec1a6aa3b0585a3e577fccc8e31342 , .u38ec1a6aa3b0585a3e577fccc8e31342:hover , .u38ec1a6aa3b0585a3e577fccc8e31342:visited , .u38ec1a6aa3b0585a3e577fccc8e31342:active { border:0!important; } .u38ec1a6aa3b0585a3e577fccc8e31342 .clearfix:after { content: ""; display: table; clear: both; } .u38ec1a6aa3b0585a3e577fccc8e31342 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u38ec1a6aa3b0585a3e577fccc8e31342:active , .u38ec1a6aa3b0585a3e577fccc8e31342:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u38ec1a6aa3b0585a3e577fccc8e31342 .centered-text-area { width: 100%; position: relative ; } .u38ec1a6aa3b0585a3e577fccc8e31342 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u38ec1a6aa3b0585a3e577fccc8e31342 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u38ec1a6aa3b0585a3e577fccc8e31342 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u38ec1a6aa3b0585a3e577fccc8e31342:hover .ctaButton { background-color: #34495E!important; } .u38ec1a6aa3b0585a3e577fccc8e31342 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u38ec1a6aa3b0585a3e577fccc8e31342 .u38ec1a6aa3b0585a3e577fccc8e31342-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u38ec1a6aa3b0585a3e577fccc8e31342:after { content: ""; display: block; clear: both; } READ: Career Goals EssayAs it is possible to see these actions are derived from the senses, again agreeing with Hobbes empirist theory.Endeavours are the small motions within man which occur before he walks, talks, runs or carries out any other voluntary motion. These endeavours are so small that they are undetectable.By understanding why men act the way that they do, it is easier to come to a conclusion as to how society should be structured. However, the idea that the existence of a science of man can be questioned suggests that society can be constructed without it. This is due to the fact that many psychological and political theories are founded on the basis that there is a science of man. Without this science of man these theories are in turn questioned and therefore cannot be viably backed as reasons for the construction of the community.Another prolific philosopher whose arguments should be taken into account is Rene Descartes. Descartes thinks that we, as humans, are made up of two separate substances. The body is the physical stuff and the mind the res cogitans (thinking thing) purely mental stuff.The res cogitans can will your body to move. The difficulty with Descartes theory is that the mind and body interact; if you pour boiling water on you hand, you will feel pain. Again we have to take into account voluntary and vital motions.A voluntary motion is me moving my arm. A vital motion is my arm moving. I move my arm because I want to; but I may not necessarily want it to be moved. This can happen for a number of reasons. It may be possible that I have a muscle spasm in my arm or that somebody moves it.All of this suggests that for Descartes theory to be correct there must be some kind of connection between a material substance (the body) and an immaterial substance (the mind).However, we will find it impossible to understand the idea of a science of man if we cannot understand how the two substances interact. Therefore, again, we have no proof that it is possible to build a political philosophy on the basis of a science of man.On p213 of Davidson , we find an explanation of monisms and dualisms.Theories are thus divided into four sorts: nomological monism, which affirms that there are correlating laws and that the events correlated are one (materialists belong in this category); nomological dualism, which compromises various forms of parallelism, interactionism and epiphenominalism; anomalous dualism which combines ontological dualism with the general failure of laws correlating the mental and the physical (cartesianism). And finally there is anomalous monism which shows an ontological bias only in that it allows the possibility that not all events are mental, while insisting that all events are physical. The final position is that which Davidson himself follows. Davidsons argument suggests that the psychology of man does not follow any causal laws. Therefore, it is impossible to impose any rationality on theories involving the mind.These anomological psychological states are defeasable. They are defeasable because it is possible that by adding another condition to the situation the expected behaviour changes.Therefore it is impossible to agree with any political philosophy that involves the necessity of a science of man.What is easily discovered is that there are many different political philosophies and many different concepts as to what is a science of man.Philosophers such as Hobbes and his counterparts, Mill and Marx, possess the shared assumption that political philosophers must accept the political opinion that they are arguing for. They all think that rational agents must accept their arguments yet they all have different arguments. They all believe that for a successful political structure human nature cannot be ignored, if the structure is to command respect.As I have shown, Descartes and Davidson on the other hand, believe that a science of man is impossible; Descartes because he believes that our minds are immaterial and Davidson because mans behaviour follows no causal laws.All of this shows us that trying to interpret mans actions and apply them to a science is an impossible conquest. .u6b7673d01ea358d7fe50df7b61a7e690 , .u6b7673d01ea358d7fe50df7b61a7e690 .postImageUrl , .u6b7673d01ea358d7fe50df7b61a7e690 .centered-text-area { min-height: 80px; position: relative; } .u6b7673d01ea358d7fe50df7b61a7e690 , .u6b7673d01ea358d7fe50df7b61a7e690:hover , .u6b7673d01ea358d7fe50df7b61a7e690:visited , .u6b7673d01ea358d7fe50df7b61a7e690:active { border:0!important; } .u6b7673d01ea358d7fe50df7b61a7e690 .clearfix:after { content: ""; display: table; clear: both; } .u6b7673d01ea358d7fe50df7b61a7e690 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u6b7673d01ea358d7fe50df7b61a7e690:active , .u6b7673d01ea358d7fe50df7b61a7e690:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u6b7673d01ea358d7fe50df7b61a7e690 .centered-text-area { width: 100%; position: relative ; } .u6b7673d01ea358d7fe50df7b61a7e690 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u6b7673d01ea358d7fe50df7b61a7e690 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u6b7673d01ea358d7fe50df7b61a7e690 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u6b7673d01ea358d7fe50df7b61a7e690:hover .ctaButton { background-color: #34495E!important; } .u6b7673d01ea358d7fe50df7b61a7e690 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u6b7673d01ea358d7fe50df7b61a7e690 .u6b7673d01ea358d7fe50df7b61a7e690-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u6b7673d01ea358d7fe50df7b61a7e690:after { content: ""; display: block; clear: both; } READ: The Last Day I will never forget the night my grandfather was rushed to the hospital as he was gasping for breath Essay Man is too complicated a mechanism to understand and therefore political philosophy, for a sensible and rational social structure, must be founded on another basis.

Thursday, November 28, 2019

Ethical Standards For Human Services Professionals Social Work Essay Essay Example

Ethical Standards For Human Services Professionals Social Work Essay Essay Human services are developed in expectancy and response of human demands. The profession is characterized by positive response of human demands taking into history all of their diverseness. In context of community and environment, Human services professionals offer aid to their clients and serve their peculiar demands. Need of moralss in human services profession is of significant importance ( Sinclair et al. , 1987 ) . Ethical motives are guidelines which represents set of criterions of behavior that is considered ethical by professionals and pedagogues. Ethical motives although non legal papers but aid to help in colony of jobs and issues related to ethical issues in human services profession. A brief overview of Ethical Standards for human services professionals: Human service professionals are cardinal participants in Human services sector. In this extremely customized profession, human service professional interacts often with households, persons and groups etc, all these are their clients. Human services professionals are instance directors, they are caregiver, teacher, physician, adviser, attorney, and psychologists etc. in the undermentioned subdivision, some ethical criterions are defined for human services professionals. My ethical statement: We will write a custom essay sample on Ethical Standards For Human Services Professionals Social Work Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Ethical Standards For Human Services Professionals Social Work Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Ethical Standards For Human Services Professionals Social Work Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer As a ethical homo services professional, I will endeaver to run into or transcend the statement below in twenty-four hours to twenty-four hours patterns of my professional life. My codification of moralss as a Human service professional: As a Human service professional I would wish to speak with the clients the ends, intent, and nature of assisting relationship before oncoming of relationship and besides inform the clients about restrictions of relationship. In my sentiment, clients should be treated with regard, self-respect and trust. As a Human service professional I will take attention for protection of client rights and confidentiality. Except some particular instances, when this confidentiality can be harmful for client. As Human services professional I will seek to take unity, security and safety of client records. I would wish to hold prior written consent by client when there is demand to portion client information with other professionals. As a Human services professional, I will seek protect the self-government right of clients. I would wish to be good cognizant of legal, federal, local and province Torahs related to human services. I will maintain myself informed about current societal issues that can impact community and clients. I will move as advocators that help to turn to the unmet demands of society and persons. As a Human service professional I would wish take it as my duty to unwrap my makings accurately. As a Human service professional, I will work with the purpose of assisting people and for achievement of ends of human service organisations. My basic end in human services will be to assist people in populating more satisfied life, more productive and independent life, by using the resources and cognition of society and technological invention. These moralss are core values of human services professionals: Above mentioned set of ethical patterns serves as set of nucleus values of moralss in human services profession, every professional who selects human service as profession must hold strong passion to function society and persons. As this profession is all about worlds, the chief concern of this profession is supplying single s solution of their personal and societal jobs. When covering with and functioning worlds, moralss become more of import ( Sinclair et al. , 1987 ) . A human services professional can present its services in better manner if he is good cognizant of importance of moralss in his profession. Code of moralss in human services profession helps to advance trust, confidentiality, acknowledgment and dialogue of client s right of self-government and informed consent. Healthcare professionals and other people involved in human services procedure should esteem right of privateness of their clients. In human service, clients are sharing their really confidential information and jobs with professionals, because they want from professionals to work out their jobs. It becomes ultimate duty of these professionals to develop the relationship of trust and unity with clients and maintain their information confidential, and do non portion it with others irrespective some exceeding state of affairss when demand to discourse it with their squad or other professional in order to work out out the job of their client. Even in this instance, information sh ould non be shared without written consent of client. Evaluation To do the person a productive portion of society, is besides an ultimate ends of human services professionals. Sometimes, clients do nt cognize the existent issue he/she is confronting, this may be a psychological or wellness related issue, in this state of affairs, human services professionals foremost find the existent cause and so goes for its solution. Each province and state has some legal model and Torahs for society, these Torahs are made for members of society which are human existences, so the consciousness and cognition of local and federal Torahs of province or state is critical for human service professionals as their profession is all about worlds. The professionals need to be ethical ideals, while esteeming for all civilizations, beliefs and relationships ( Seitz, A ; ONeill, 1996 ) . Ethical criterions for human service workers require passion and dedication by professionals and workers every bit good. Integrity, following the Torahs, conformity with policies and regulations, keeping the client records and instance files etc. all include professional moralss demands. Apart from their direct service to clients, human service professionals besides have duty to protest against societal unfairness and community authorization. If the codification of moralss is non employed and practiced in human services profession, it will convey devastation to society. There will be no relation of trust and unity can be developed among professionals and society. Peoples will experience loath to portion their jobs with their advisers as they will hold no surety that their information will be kept confidential. As a consequence, society will endure at big as people will populate lives full of jobs and concerns because human services works with purpose of better lives of their clients and to do all the members of society productive and active portion of society ( Seitz A ; ONeill, 1996 ) . Without ethical patterns and committedness of professionals to follow these patterns, mission of human services can non be achieved. Admiting the importance on ethical patterns, every homo services organisation has codification of moralss all members are encouraged to follow. So if we develop and pattern our personal codification of mora lss to stand out in our profession, it will be a good scheme to follow that will pave the manner for success in future.

Sunday, November 24, 2019

U.S. Debt Crisis Essay Example

U.S. Debt Crisis Essay Example U.S. Debt Crisis Essay U.S. Debt Crisis Essay Name: Course: Lecturer: Date: U.S. Debt Crisis As of September 2011, the US National debt was at almost $15 trillion. The national budget has grown tremendously over the years. Much of the spending in the national debt cannot be controlled. Social Security and Medicare and Medicaid account for more than 40% of the budget. The Medicare costs can be attributed to the fact that there is still a huge percentage of ‘baby boomers’ in the country. Medicare pays 80% of insurance for people who are older than sixty-five years old and for the disabled. Defense takes up 20% of the budget, and 19% goes to discretionary spending. Other mandatory spending by the government is at 12%. The total spending by the government is more than $3 trillion dollars while the receipts amount to about $2 trillion dollars. This budget deficit continues to add to the national debt. The government needs to cut spending and it can do this is by cutting down defense, and discretionary spending. Foreign investors have invested heavily in the US by buying bonds and other market securities. More than 30% of the government receipts come from foreign investors. China and Japan have are the main foreign investors in the US, with a share of 40% of the foreign investment. Most of the country’s money comes from Individual income taxes, which make up 42%. The government needs to find ways of increasing the country’s income. Most of the government money can be collected from taxes, tariffs and other fees collected from businesses. It is however, interesting to note that only 3% of income is collected from excise and only 9% of the country’s income come from corporate taxes. Whenever there is a deficit, the government usually borrows from the public. Intra government borrowing accounts for more than 40% of the government is borrowing. The government seems to be relying too much on the Social Security and Social Insurance, which contribute 40% of the country’s income. It is borrowing from the Social Security and Social Insurance because there is a surplus in this area. The country has not been paying off its national debt over the years. This is clear from the fact that the debt has continued to increase. Different presidents have had an effect on the American economy. Although there was significant growth of the economy when Reagan was president, the national debt also grew tremendously over this period, increasing to 159%. The people did not care much about the national debt since the economy was growing, and so they never asked or got involved. The debt also increased tremendously when Bush was president. This can be attributed to the fact that he allocated a lot of money for defense and security, and most of this money was borrowed. President Obama has also increased the budget deficit. He was faced with the 2008 financial meltdown, which had a huge impact on the economy. He has put forward several measures to try to resolve the crisis. The legislators seem to be more interested in fighting and campaigning rather than solving the debt crisis. T he debt will continue to increase if the relevant authorities do not do something to decrease it. The government cannot continue to get its income from borrowing and it needs to find ways through which it can increase its revenue. It cannot continue to depend on foreign lenders since this already makes a huge percentage of the country’s income. The best alternative for the country is reducing the amount it spends and increasing the revenue collected. The government cannot continue spending money it does not have. It needs to revise the Medicare and Medicaid programs and look for ways where it can cut some of the costs. Much of the money used in defense has gone to fighting terrorism. This is important for the country, but the government should consider ways of reducing these costs. The decision to move American troops from countries such as Iraq means that the government will spend less on them. The government should also consider raising the taxes progressively in such a way that the people do not feel burdened.

Thursday, November 21, 2019

Primary NQT statement Personal Example | Topics and Well Written Essays - 1500 words

Primary NQT - Personal Statement Example I am also familiar with 'P scales' assessing SEN children's current ability and levels. This assisted me in planning and setting future targets for the children. I am able to work effectively and to follow new guidelines, procedures and instructions independently or in a team and to deliver lessons in class to children of all abilities. While working as teaching assistant I have also read bilingual stories to children with English language difficulties. Thus, I can interpret and explain stories to children in order to better understanding the meaning in English. I fluently speak, read and write in Bengali, Urdu and Arabic. In addition I am competent in a variety of Asian languages such as Bengali, Urdu, Hindi and Punjabi. Therefore, I am able to communicate with parents who have difficulties in expressing themselves in English. I feel it is important to build up a good and trustworthy I have successfully passed an in-depth Frist Aid course and I have profound knowledge and experience in health and safety procedures for children and parents within the educational environment. This involves strict supervision of the children within the educational setting. I have experience in teaching across all year groups and I have the confidence to keep discipline. My early placement was at Rebecca Cheetham Nursery and Ed... There I was faced with the challenge to apply the learned theories in practice and the gained experience made me aware of the age group changing activities and learning developments. At Rebecca Cheetham Nursery and Education Centre I have the possibility to incorporate a "float" role which involved changing nappies, providing regular snacks and supervising children's activities. My other placement was in Ranelagh Primary School in Newham. Working where added to my enhancing teaching experience and I was allowed to undertake additional management tasks and monitoring other members of the staff. The Ranelagh Primary School in Newham was a contrasting experience, because it had a multicultural environment and diverse social aspects. What I benefitted most there was the irreplaceable experience to teach children from various cultural and social background and to teach them how to interact with each other. Trying to construct the individuality in every child, while addressing his uniquene ss is a rewarding education practice. My first teaching experiece was as a volunteer. My responsibilities included teaching and assisting the developmental progress of children from 3 - 5 years of age. I was able to plan, prepare, assess and deliver activities, which were appropriate to meet the needs of the children. Maintaining daily records was required to follow children's social, physical and behavioural progress. I am a GTP trainer teacher and while working as a teaching assistant at Plaistow Primary school I have worked with children from Nursery age to the age of 6. The job position required working with children who have communication, physical and behavioural difficulties. My daily responsibility includes satisfying the basic needs of the children as well as developing their

Wednesday, November 20, 2019

Unknown Essay Example | Topics and Well Written Essays - 750 words - 1

Unknown - Essay Example A villain is the epitome of insanity and cruelty. And there is none crueler or more insane, than the Joker. A villain who has truly made an impact, the Joker has caused a lot of damage in the most inventive ways possible in the movie, game and comic book series. He managed to kill Robin (Jason Todd), he was the one who paralyzed Barbara Gordon and in the animated series we saw how the Joker literally destroys Tim Drake (Levitikuz). In the movies, he is shown to be the one who killed Batman’s parents, he is the one who kills Talia in Arkham City and it is the Joker who turns Gotham’s most loved citizen, Harvey Dent, into the villain we know as Two Face. He has had a major impact in the Batman Universe, more so than any other villain. He is cruel in his ways and his relentless inflictions have caused a lot of damage (Levitikuz). Behind all other villains, lies the motive of power or world domination. So be it Lex Luthor or Thanos, their motivation is known. But when it comes to the Joker, his motivation and his plan of action is simply not known. He could conduct a twisted social experiment like that in the Dark Knight Movie involving bombs on two ships, to either send a message or just for the heck of it. This is truly dangerous because one cannot guess what it is that the Joker wanted to accomplish with his madness. His volatile nature is what makes him so dangerously villainous (Holder). The joker is everything insane, immoral and wrong. He plays dirty and he has no rules or laws. Other villains like Doom have self-imposed rules which they follow or have lines which even they won’t cross. But the Joker has no such limit. There is no rule he will not break, no line that he will not cross and no limit he will not go to. He fights till the very end and he fights with no holds barred. In the movie, we see him making a getaway in the school bus right when the school bells ring, he makes the victims look like a

Monday, November 18, 2019

Language in society Assignment Example | Topics and Well Written Essays - 1750 words

Language in society - Assignment Example Gender stereotypes are basic generalizations about the gender attributes, variations and the roles of individuals or groups. Gender stereotypes can be both positive and negative, perpetuated when people automatically apply assumptions based on gender to others in disregard of evidence to the contrary.Looking at the linguistic behavior of both women and men across languages; we will identify many specific differences. Gender stereotypes can be identified in the use of language in diverse contexts. Historically, Language forms may maintain old attitudes which portray men as morally, intellectually, spiritually or absolutely superior to women. Men and women are socially diverse in that society places special social roles for them, expecting different patterns of behavior (Trudgill, 1992). This may cause offence in today’s society, so we view these forms as appropriate for change. For example, terms such as men, man or mankind depict male as the norm-the term for the species or pe ople in general is identical to that referring to one sex only. It had been so different three years ago, the night she'd met Stefan de Vaux. There'd been a party. Bella always threw a party when she'd sold a picture because poverty, she'd explained, was a great inspiration. She'd been wearing a brilliant blue caftan, her fair hair twisted on the top of her head, the severity of it accenting her high cheekbones, the little jade Buddha gleaming on its silver chain round her neck. Claire, pale from England and the illness that had allowed her to come to Tangier to recuperate, had been passed from guest to guest - "Ah, you're Bella's cousin" - like a plate of canapes, she thought ruefully, attractive but unexciting. Until Stefan de Vaux had taken her out onto the balcony and kissed her. "Well?" he'd said softly, in his lightly accented voice, letting her go at last, and she had just stood there, staring at him, at his lean, outrageously handsome face, his laughing mouth, amber brown ey es. "Angry? Pleased? Shocked?" And she'd blushed furiously, feeling all three. This article can be analyzed to reveal whether men and women speak differently, and to explore the nature of masculinity and femininity and their association to ideologies conveyed in language. Women supposedly speak in emphatic language that includes the use of italics. For example, the speaker in the article uses the words ‘so different’ or ‘ruefully’ to create emphasis in her speech. Use of redundant qualifiers, also linked to women’s language is evident in the phrases ‘attractive but unexciting’, ‘lightly accented voice’, ‘outrageously handsome face’ and ‘amber brown eyes’. The speaker employs the use of direct quotation when she talks of â€Å"Ah, you're Bella's cousin", "Angry? Pleased? Shocked?" and "Well?" in her description of the conversations between characters. Use of special lexis of color can be identified in the phrases ‘a brilliant blue caftan’ and ‘silver chain’. Women use questions more often in speech as a rhetorical means of engaging the other partner’s conversational contribution or of getting attention from others conversationally. This can be spotted in the article where the speaker asks the

Friday, November 15, 2019

The Criminal Trial Process Of England And Wales Law Essay

The Criminal Trial Process Of England And Wales Law Essay The Criminal Justice System trial process in England and Wales are operated on the basis, and can be described as an adversarial system of justice. Perhaps, I am directing my attention, the criminal trial process, how has been changed. I should begin an adversarial system, where the parties are responsible for presenting evidence before passive and neutral trial judge or jury. This differs from an inquisitorial system, which is exists most of Europe. In many jurisdictions the criminal laws can be traced the date when a new system of government was introduced bringing change to the role of government to criminal procedures in particular. The criminal law is the system of practices and possible represent justice. English criminal trials from the late seventeenth to the early twentieth centurys were different from those of today. Trials were really quick, lawyers were rarely presented. After the Criminal Justice Act 2003, has made certain change to the mode of trial procedures. In highl ight for going important to address the restorative justice program, which is bring victims and offenders focus on the crime, address problems within communities. On the other side highlights the mistakes and injustices in the criminal trials. Unfortunately, it seems this would be impossible to achieve. However, miscarriages of justice occur in the criminal justice are rare and wrongful imprisonment. The creation of the Criminal Procedure Rule Committee and in 2005 the trial and pre-trial process were brought together in a new criminal procedure rule. The management of cases is a new feature of the criminal justice system, the rules more accessible and together in ones place. It is a significant step, powers of judicial case management. Before the introduction of Due Process, people accused of a crime, given private trials with no defence. The main objectives of the criminal justice process are, against all offenders who break those rules. In England and Wales the criminal justice system has evolved over the years a considerable period. There are many features of the criminal procedure followed by more detailed descriptions of policing, and prosecution criminal courts, sentencing and the panel system, and the governmental and, administrative context of criminal justice. I shall shortly identify a striking example of the benefit of a joined up to criminal trail process. The goals in England and Wales aims to reduce crime by bringing more offence to justice, and to raise public confidence that the system is fair and will deliver law for citizen. There are many advantages and disadvantages having in the criminal trial process of England and Wales. Particularly important to understand the influence of rule of law, and how these of principles shapes the way that criminal justice is defined and implemented. Must be criminal cases start in the Magistrates Court. In a year more than one million cases are heard by Magistrates, they are simply citizen, without any kind of training. The other area where, those cases are seen is in the Crown Court where juries are used, they are part of the criminal justice trial process. The system of jury trails are twelve honest citizens who offering common sense and values. Let me highlight some very important advantages of the system having juries. It gives to the public confidence and acceptance for juries decisions. It gives a person a right to be tried by lay people, who have no legal knowledge and juries do understand the situation better than qualified people, who only look at the situation, with their special knowledge, and this can be sometimes lead to a miscarriage of justice. Perhaps, it is have to avoid as humanly possible. Another example for an advantage of the criminal trial process, when the jury has a power and decide cases on their idea of fairness. Although, as we shall see for example, in R v Ponting (1984). When the civil servant leaked information to a MP on the ground of public interest, and the jury refused to convict despite the fact that, the defendant had no legal defence. In the above case, therefore, it seems the legal system more open because member of public involved and whole process takes in public. Basically the trial involved a confrontation the victim of the crime and the defendant. The defendant was expected to explain the evidence presented against them. However these procedures provided reasonable means of determining guilt and innocence, from a modern point of view this is disadvantage the defence. Shall we see now of the other end, trials without a jury. Directions are no more than matters of common sense. The cases where the judge is satisfied to the evidence of real, able to present the danger that jury tampering would take a place to it. After the reform the criminal trial has some beneficial advantages. The Criminal Justice Act 2003 (c. 44) it is amends the law relating to police powers, which is particularly useful in cases where computer or financial evidence may need. It has a dramatic change has been made in the role of trial judges. There was no time to inform the judges of all the details of the case. Well, it is an advantages of the trial, the judge have a time to identify the issue. I agree with that, it is highly beneficial of the trial. I would like address the defence statement and disclosure. The Act makes amendments to the Criminal Procedure and Investigations Act 1996. As we shall see it, before the reform the prosecution would provide primary disclosure to the defence, and the defence would provide a defence statement, and the prosecution in response would provide secondary disclosure. This may demonstrates the weakness of the prosecution cases. Section 8 of the Act is made to the extent the evidence disclosed by the prosecution under its duty of disclosure. However, we shall see also disadvantages of the criminal trial process, after the reforms. The prisoner right to make an application to the High Court, it is my point of view, every cases takes longer than it should be. The right source can be take time, while the jury seeking further information can be confusing for judges. There is expensive cost for all this. Although, we can see now, some disadvantages of having jury in the criminal justice process. Unqualified people may not understand the points of law. The trial process placed defendants at a disadvantage. Without the benefit of legal assistance, they had to organise their cases on their own, while in prison awaiting trial. Until the actual trial, they were unaware of the specific evidence that would be presented against them and therefore had to respond spontaneously to what the witnesses said. This was thought to be the best way of ascertaining the truth. The lawyers had a right to address the jury, and gave prisoners the right to see copies of the depositions against them. Prosecutors could also suffer under this system. They also frequently went without counsel, and judges could be sympathetic to defendants. However the prosecutors had the advantage of being able to plan their case in advance, at liberty and at their leisure. It is arguable that the criminal trial process of, on t he one hand, the rules of evidence, which is require proof at trial, but on the other hand, the party prosecution have a detrimental effect on the capacity of the system to identify the truth. Criticism of the jury system in criminal trial process has emphasised the high cost of juries to the court system. In addition the technical nature and trials difficulty for lay people to understand purportedly leads to unintentional jury nullification. In the light for going of the recent miscarriages of justice occurs not only when an innocent person is convicted but also when a guilty person is not convicted. Therefore has much to lose by cooperating to archive justice. According to my opinion from an ethical point of view should miscarriage be avoidable every possible measures should be taken to prevent those regardless of the costs involved, however I must accept that in practice this route is often not the viable one. In conclusion a jury trial is of necessity predicated on continuous and adversarial oral presentation of evidence, but such a method of determining criminal cases is time and resource intensive. Criminal trial to be heard without jury, would thus probably reduce cost, and would also enhance opportunities to deal with matters in alternative ways not subject to the same concern about admissibility and evidence, and hence possibly also increase predictability. To my mind, however the criminal justice system England and Wales, the system of jury trial depends on twelve parties and true coming to court and listening to the case. Witness who will give evidence and answers the questions, counsel speak address the jury, judges speak and give direction. The current criminal justice process, in major trials involving fraud is made available to jurors on screens, but not without difficulty. The implications of all this for the criminal justice system are important. However, in jury trial in particular the public opinion can never really be kept out of the court room. Not everyone agrees with these changes when opposition is expressed on principal, it requires attention.

Wednesday, November 13, 2019

Technology. The Way Of The Future? :: essays research papers

The 90's has been a decade full of controversial and world changing events. The first one I could think of would have to be the Persian Gulf War with Iraq. I think that war brought together the United States, stopped our fighting with each other, and helped us focus on one common enemy, Saddam Hussein. The next thing we did was send troops to Haiti and to Somalia to help protect the people and the failing governments. Once again the United States was brought together in a time of war. However, I believe that the one true Zeitgeist of the 90's isn't the wars that brought us together but the information and technology age that will break us apart. The way that new products are being developed each day in the next 10 to 20 years almost everything will be automated and many being will be out of a job doing nothing. The Internet is now one of the biggest things in the world today with the help of companies like American on Line, CompuServe, Prodigy, Phillips Web Tv and all the other companies that are trying to get rich off of it. They say people can stay in the safety of their home while they can shop, talk to people online and even send things like birthday cards thanks to companies that advertise on the web like Hallmark and Disney's family page. The Internet also offers a way to get information from a wide variety of sources like Compton's Encyclopedia and other useful tools. The Internet offers all of this stuff for us to browse through without leaving our home that pretty soon no one will leave their home especially with newer technology coming out everyday. Computers are the wave of the future and with modems and the Internet and now teleconferencing many more people will be staying at home while they work. New inventions like processing chips that can run billions of commands in a matter of seconds that soon will be able to take control of robots and other machinery that will make human work obsolete. Detroit, Michigan home of the General Motors automotive company was once a huge flourishing community that had a huge population base. Now it is all made up of a few factories that have a very small population base that is mainly operated by machinery and giant robots. Just recently both of my parents started to work out of there homes.

Sunday, November 10, 2019

Civil 1 Review Syllabus

  Now they are lumped together as ‘illegitimate. ’ Thus, spurious children are given rights. 2. Different solutions to old problems †¢ Example: Change in river course 3. Clarification of old provisions †¢ Example: Under the old Civil Code, there were only void and voidable contracts. With the addition of unenforceable and rescissible contracts, the NCC provides clarification 4. Certain subjects omitted †¢ Examples: The dowry has been omitted; certain leases have also been omitted. The NCC is far from perfect. There are structural defects.Certain things which should be in the preliminary section are found elsewhere. An example of this is the vices of consent. Why are they found in contracts? They are relevant in all juridical transactions. Another example is the topic of degrees of relationship. This is found only in succession. Degrees of relationship are relevant in other books too. Finally, why is tradition found in the law on sales? Tradition is not o nly important in sales. Rather, tradition is a mode of acquiring ownership. PRELIMINARY TITLE I. Effect and Application of Laws Art. 1.This Act shall be known as the â€Å"Civil Code of the Philippines. † Art. 2. Laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided. This Code shall take effect one year after such publication. †¢ ‘This code shall take effect 1 year after such publication. ’ The SC in the case of Lara vs. Del Rosario that the one year should be counted from the date of actual release and not the date of issue. †¢ Executive Order No. 200 supersedes Article 2 regarding the time of effectivity of laws. EXECUTIVE ORDER NO. 00 PROVIDING FOR THE PUBLICATION OF LAWS EITHER IN THE OFFICIAL GAZETTE OR IN A NEWSPAPER OF GENERAL CIRCULATION IN THE PHILIPPINES AS A REQUIREMENT FOR THEIR EFFECTIVITY WHEREAS, Article 2 of the Civil Code partly provides that â₠¬Å"laws shall take effect after fifteen days following the completion of their publication in the Official Gazette, unless it is otherwise provided . . . †; WHEREAS, the requirement that for laws to be effective only a publication thereof in the Official Gazette will suffice has entailed some problems, a point recognized by the Supreme Court in Tanada, et al. vs. Tuvera, et al. (G. R. No. 3915, December 29, 1986) when it observed that â€Å"[t]here is much to be said of the view that the publication need not be made in the Official Gazette, considering its erratic release and limited readership†; WHEREAS, it was likewise observed that â€Å"[u]ndoubtedly, newspapers of general circulation could better perform the function of communicating the laws to the people as such periodicals are more easily available, have a wider readership, and come out regularly†; and WHEREAS, in view of the foregoing premises Article 2 of the Civil Code should accordingly be amended so the laws to be effective must be published either in the Official Gazette or in a newspaper of general circulation in the country; NOW, THEREFORE, I, CORAZON C. AQUINO, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order: Sec. 1.Laws shall take effect after fifteen days following the completion of their publication either in the Official Gazette or in a newspaper of general circulation in the Philippines, unless it is otherwise provided. Sec. 2. Article 2 of Republic Act No. 386, otherwise known as the â€Å"Civil Code of the Philippines,† and all other laws inconsistent with this Executive Order are hereby repealed or modified accordingly. Sec. 3. This Executive Order shall take effect immediately after its publication in the Official Gazette. Done in the City of Manila, this 18th day of June, in the year of Our Lord, nineteen hundred and eighty-seven. †¢ ‘15 days following’ – does this mean on the 15th or 16th day? The law is not clear. †¢ Under Article 2, publication in the Official Gazette was necessary.Now, under E. O. No. 200, publication may either be in the Official Gazette or a newspaper of general publication. †¢ ‘unless otherwise provided’ refers to when the law shall take effect. It does not mean that publication can be dispensed with. Otherwise, that would be a violation of due process. †¢ General Rule: Laws must be published in either the Official Gazette or a newspaper of general circulation. †¢ Exception: The law may provide for another manner of publication. Different manner meaning: 1. Not in Official Gazette or newspaper of general circulation; or Example: Read over the television or the radio (provided that the alternative is reasonable) 2.Change in the period of effectivity †¢ ‘publication’ means making it known; dissemination. It doesn’t have to be in writing. †¢ ‘Change period of effecti vity’ – the gap between publication and effectivity should be reasonable under the circumstances. †¢ Before publication, cannot apply the law whether penal or civil (Pesigan vs. Angeles) Why? How can you be bound if you don’t know the law. †¢ Requirement of publication applies to all laws and is mandatory. Art. 3. Ignorance of the law excuses no one from compliance therewith. †¢ Ignorantia legis neminem excusat (Ignorance of the law excuses no one). †¢ This is a necessary rule for all civilized society.Otherwise it would be impossible to enforce the law. It is very hard to determine whether or not a person really does not know the law. Without this rule, there would be anarchy. The law sacrifices occasional harshness to prevent universal anarchy. †¢ There are potential methods to mitigate the severity of Article 3 – Articles 526 (3), 2155, 1334. * †¢ In Kasilag vs. Rodriguez, the SC said that the possession of the antichretic credit as possession in good faith since a difficult question of law was involved – antichresis. In this case, the parties were not very knowledgeable of the law. †¢ Article 3 applies only to ignorance of Philippine law. It does not apply to foreign law.In Private International Law, foreign law must be proven even if it is applicable. Otherwise, the courts will presume the foreign law to be the same as Philippine law. Art. 4. Laws shall have no retroactive effect, unless the contrary is provided. †¢ Lex de futuro judex de preterito (The law provides for the future, the judge for the past). †¢ Retroactive law – one which creates a new obligation and imposes a new duty or attaches a new disability with respect to transactions or considerations already past. †¢ General Rule: Law must be applied prospectively. †¢ Exceptions: 1. If the statute provides for retroactivity. Exception to the exception: a. Ex post facto laws b. Laws which impair the obl igation of contracts 2.Penal laws insofar as it favors the accused who is not a habitual criminal, even though at the time of the enactment of such law final sentence has already been rendered. 3. Remedial laws as long as it does not affect or change vested rights. 4. When the law creates new substantive rights unless vested rights are impaired. 5. Curative laws (the purpose is to cure defects or imperfections in judicial or administrative proceedings) 6. Interpretative laws 7. Laws which are of emergency nature or are authorized by police power (Santos vs. Alvarez; PNB vs. Office of the President) Art. 5. Acts executed against the provisions of mandatory or prohibitory laws shall be void, except when the law itself authorizes their validity. †¢ A mandatory law is one which prescribes some element as a requirement (i. e. wills must be written – Article 804(; form of donations – Article 749†¢) †¢ A prohibitory law is one which forbids something (i. e. , j oint wills – Article 818() †¢ General Rule: Acts which are contrary to mandatory or prohibited laws are void. †¢ Exceptions: 1. When the law itself authorized its validity (i. e. , lotto, sweepstakes) 2. When the law makes the act only voidable and not void (i. e. , if consent is vitiated, the contract is voidable and not void) 3. When the law makes the act valid but punishes the violator (i. e. , if the marriage is celebrated by someone without legal authority but the parties are in good faith, the marriage is valid but the person who married the parties is liable) 4.When the law makes the act void but recognizes legal effects flowing therefrom (i. e. , Articles 1412 & 1413() Art. 6. Rights may be waived, unless the waiver is contrary to law, public order, public policy, morals, or good customs, or prejudicial to a third person with a right recognized by law. †¢ What one can waive are rights and not obligations. Example, a creditor can waive the loan but the d ebtor may not. †¢ There is no form required for a waiver since a waiver is optional. You can waive by mere inaction, refusing to collect a debt for example is a form of waiver. †¢ Requisites of a valid waiver (Herrera vs. Boromeo) 1. Existence of a right 2. Knowledge of the existence of the right 3.An intention to relinquish the right (implied in this is the capacity to dispose of the right) †¢ General Rule: Rights can be waived. †¢ Exceptions: 1. If waiver is contrary to law, public order, public policy, morals or good customs 2. If the waiver would be prejudicial to a 3rd party with a right recognized by law. (e. g. , If A owes B P10M, B can’t waive the loan if B owes C and B has no other assets. ) †¢ Examples of waivers which are prohibited: 1. Repudiation of future inheritance 2. Waiver of the protection of pactum commissorium 3. Waiver of future support 4. Waiver of employment benefits in advance 5. Waiver of minimum wage 6. Waiver of the right t o revoke a will Art. 7.Laws are repealed only by subsequent ones, and their violation or non-observance shall not be excused by disuse, or custom or practice to the contrary. When the courts declared a law to be inconsistent with the Constitution, the former shall be void and the latter shall govern. Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the laws or the Constitution. †¢ Article 7 is obvious because time moves forward. †¢ Only subsequent laws can repeal prior laws either through: 1. A repealing clause 2. Incompatibility of the subsequent and prior laws †¢ The violation of a law is not justified even if: 1. No one follows the law (i. e. nonpayment of taxes) 2. There is a custom to the contrary †¢ The 2nd par. of Article 7 is judicial review in statutory form. Art. 8. Judicial decisions applying or interpreting the laws or the Constitution shall form a part of the legal system of the Philippines. à ¢â‚¬ ¢ This is a new provision taken from common law. Under the civil law tradition, the court merely applies the law. However since the Philippine legal system is a combination of civil law and common law, courts apply statutes as well as resort to the doctrine of precedent. Art. 9. No judge or court shall decline to render judgment by reason of the silence, obscurity or insufficiency of the laws. Art. 10.In case of doubt in the interpretation or application of laws, it is presumed that the lawmaking body intended right and justice to prevail. †¢ What if the law is silent? The court should render a decision based on justice as stated in Article 10. Art. 11. Customs which are contrary to law, public order or public policy shall not be countenanced. †¢ What if customs are not contrary to law? The custom would be countenanced. However, this does not mean that the custom would have obligatory force. Art. 12. A custom must be proved as a fact, according to the rules of evidenc e. †¢ The law doesn’t specify the cases when custom is relevant in litigation. But in case custom is relevant, it should be proven. †¢ Commentators say that custom is important in cases involving negligence.For example, if a kalesa in Manila is by custom supposed to have rattan baskets to prevent people from slipping, if a person slips because there is no rattan basket, then he can sue for negligence. Art. 13. When the laws speak of years, months, days or nights, it shall be understood that years are of three hundred sixty-five days each; months, of thirty days; days, of twenty-four hours; and nights from sunset to sunrise. If months are designated by their name, they shall be computed by the number of days which they respectively have. In computing a period, the first day shall be excluded, and the last day included. †¢ Article 13 has been superseded by Executive Order No. 292 (the Revised Administrative Code of 1987) – Book 1,  §31. Sec. 31. Legal Pe riods. â€Å"Year† shall be understood to be twelve calendar months; â€Å"month† of thirty days, unless it refers to a specific calendar month in which case it shall be computed according to the number of days the specific month contains; â€Å"day,† to a day of twenty-four hours; and â€Å"night,† from sunset to sunrise. †¢ Under E. O. No. 292, a year is now equivalent to 12 calendar months and not 365 days. Under Article 13 leap years are not considered. For examples, in order to make a will, one has to be 18 years old. But if you use Article 13, one loses 4 to 5 days if you don’t count the leap years. E. O. No. 292 is better than Article 13 since it is more realistic. †¢ There should have been a definition of hours.That definition is relevant for labor law. According to Professor Balane, an hour should be defined as 1/24 of a calendar day. If you use the definition that an hour is equal to 60 minutes, then we would have to define minu tes, then seconds, and so on. It would be too scientific. II. Conflicts of Law Provisions Art. 14. Penal laws and those of public security and safety shall be obligatory upon all who live or sojourn in the Philippine territory, subject to the principles of public international law and to treaty stipulations. †¢ Two principles: 1. Territoriality General Rule: Criminal laws apply only in Philippine territory. Exception: Article 2, Revised Penal Code. ( 2.Generality General Rule: Criminal laws apply to everyone in the territory (citizens and aliens) Exceptions: In these instances, all the Philippines can do is expel them a. Treaty stipulations which exempt some persons within the jurisdiction of Philippine courts (e. g. , Bases Agreement) b. Heads of State and Ambassadors (Note: Consuls are subject to the jurisdiction of our criminal courts. ) Art. 15. Laws relating to family rights and duties, or to the status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad. †¢ Theories on Personal Law: 1. Domiciliary theory – the personal laws of a person are determined by his domicile 2.Nationality theory – the nationality or citizenship determines the personal laws of the individual †¢ Under Article 15, the Philippines follows the nationality theory. Family rights and duties, status and legal capacity of Filipinos are governed by Philippine law. †¢ General Rule: Under Article 26 of the Family Code, all marriages solemnized outside the Philippines in accordance with the laws in force in the country where they were solemnized and valid there as such, is also valid in the Philippines. †¢ Exception: If the marriage is void under Philippine law, then the marriage is void even if it is valid in the country where the marriage was solemnized . Exception to the exception: 1. Article 35, 2, Family Code Art. 35.The following marriages shall be void from the beginning: (2) Those solemn ized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so; 2. Article 35, 3, Family Code Art. 35. The following marriages shall be void from the beginning: (3) Those solemnized without license, except those covered the preceding Chapter; Even if the foreign marriage did not comply with either s 2 and 3 of Article 35, Philippine law will recognize the marriage as valid as long as it is valid under foreign law. Art. 16, 1. Real property as well as personal property is subject to the law of the country where it is stipulated. †¢ Lex situs or lex rei sitae governs real or personal property (property is subject to the laws of the country in which it is located). †¢ In Tayag vs.Benguet consolidated, the SC said that Philippine law shall govern in cases involving shares of stock of a Philippine corporation even if the owner i s in the US. Art. 16, 2. However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found. †¢ This is merely an extension of the nationality theory in Article 15. †¢ The national law of the decedent regardless of the location of the property shall govern.Thus, the national law of the decedent shall determine who will succeed. †¢ In Miciano vs. Brimo, the SC said that the will of a foreigner containing the condition that the law of the Philippines should govern regarding the distribution of the properties is invalid. †¢ In Aznar vs. Garcia, what was involved was the renvoi doctrine. In this case, the decedent was a citizen of California who resided in the Philippine. The problem was that under Philippine law, the national law of the decedent shall govern. On the other hand, under California law, the law of the state where the decedent has his domicile shall govern. The SC accepted the referral by California law and applied Philippine law (single renvoi). Problem: What if the decedent is a Filipino domiciled in a foreign country which follows the domiciliary theory? According to Professor Balane, one way to resolve the situation is this – Philippine law should govern with respect to properties in Philippine while the law of the domicile should govern with respect to properties located in the state of domicile. Art. 17. The forms and solemnities of contracts, wills, and other public instruments shall be governed by the laws of the country in which they are executed. When the acts referred to are executed before the diplomatic or consular officials of the Republic of the Philippines in a foreign country, the solem nities established by Philippine laws shall be observed in their execution.Prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customs shall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. †¢ Lex loci celebrationis (formal requirements of contracts, wills, and other public instruments are governed by the country in which they are executed) †¢ There is no conflict between the 1st of Article 16 and the 1st of Article 17 since they talk of 2 different things. †¢ Thus, the formal requirements of a contract involving real property in the Philippines must follow the formal requirements of the place where the contract was entered into. However, if what is involved is not the formal requirements, then the law of the place where the properties (whether real or personal) are located shall govern. Art. 18.In matte rs which are governed by the Code of Commerce and special laws, their deficiency shall be supplied by the provisions of this Code. III. Human Relations Art. 19. Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. Art. 20. Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same. Art. 21. Any person who willfully causes loss or injury to another in manner that is contrary to morals, good customs or public policy shall compensate the latter for the damage. Art. 22.Every person who through an act of performance by another, or any other means, acquires or comes into possession of something at the expense of the latter without just or legal ground, shall return the same to him. Art. 23. Even when an act or event causing damage to another’s property was not due to the fault or negligence of the defendant , the latter shall be liable for indemnity if through the act or event he was benefited. Art. 24. In all contractual, property or other relations, when one of the parties is at a disadvantage on account of his moral dependence, ignorance, indigence, mental weakness, tender age or other handicap, the courts must be vigilant for his protection. Art. 25.Thoughtless extravagance in expenses for pleasure or display during a period of acute public want or emergency may be stopped by order of the courts at the instance of any government or private charitable institution. Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief: (1) Prying into the privacy of another’s residence; (2) Meddling with or disturbing the private life or family relations of another; (3) I ntriguing to cause another to be alienated from his friends; (4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition. Art. 27.Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against he latter, without prejudice to any disciplinary administrative action that may be taken. Art. 28. Unfair competition in agricultural, commercial or industrial enterprises or in labor through the use of force, intimidation, deceit, machination or any other unjust, oppressive or highhanded method shall give rise to a right of action by the person who thereby suffers damage. Art. 29. When the accused in a criminal prosecution is acquitted on the ground that his guilt has not been proved beyond reasonable doubt, a civil action for damages for the same act or omi ssion may be instituted. Such action requires only a preponderance of evidence.Upon motion of the defendant, the court may require the plaintiff to file a bond to answer for damages in case the complaint should be found to be malicious. If in a criminal case the judgment of acquittal is based upon reasonable doubt, the court shall so declare. In the absence of any declaration to that effect, it may be inferred from the text of the decision whether or not the acquittal is due to that ground. Art. 30. When a separate civil action is brought to demand civil liability arising from a criminal offense, and no criminal proceedings are instituted during the pendency of the civil case, a preponderance of evidence shall likewise be sufficient to prove the act complained of. Art. 31.When the civil action is based on an obligation not arising from the act or omission complained of as a felony, such civil action may proceed independently of the criminal proceedings and regardless of the result o f the latter. Art. 32. Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another person shall be liable to the latter for damages: (1) Freedom or religion; (2) Freedom of speech; (3) Freedom to write for the press or to maintain a periodical publication; (4) Freedom from arbitrary or illegal detention; (5) Freedom of suffrage; 6) The right against deprivation of property without due process of law; (7) The right to a just compensation when private property is taken for public use; (8) The right to the equal protection of the laws; (9) The right to be secure in one’s person, house, papers, and effects against unreasonable searches and seizures; (10) The liberty of abode and of changing the same; (11) The privacy of communication and correspondence; (12) The right to become a member of associations or societies for purposes not contra ry to law; (13) The right to take part in a peaceable assembly to petition the Government for redress of grievances; (14) The right to be a free from involuntary servitude in any form; (15) The right of the accused against excessive bail; 16) The right of the accused to be heard by himself and counsel, to be informed of the nature and cause of the accusation against him, to have a speedy and public trial, to meet the witnesses face to face, and to have compulsory process to secure the attendance of witness in his behalf; (17) Freedom from being compelled to be a witness against one’s self, or from being forced to confess guilt, or from being induced by a promise of immunity or reward to make such confession, except when the person confessing becomes a State witness; (18) Freedom from excessive fines, or cruel and unusual punishment, unless the same is imposed or inflicted in accordance with a statute which has not been judicially declared unconstitutional; and (19) Freedom of access to the courts. In any of the cases referred to in this article, whether or not the defendant’s act or omission constitutes a criminal offense, the aggrieved party has a right to commence an entirely separate and distinct civil action for damages, and for other relief.Such civil action shall proceed independently of any criminal prosecution (if the latter be instituted), and mat be proved by a preponderance of evidence. The indemnity shall include moral damages. Exemplary damages may also be adjudicated. The responsibility herein set forth is not demandable from a judge unless his act or omission constitutes a violation of the Penal Code or other penal statute. Art. 33. In cases of defamation, fraud, and physical injuries a civil action for damages, entirely separate and distinct from the criminal action, may be brought by the injured party. Such civil action shall proceed independently of the criminal prosecution, and shall require only a preponderance of evidence. Ar t. 34.When a member of a city or municipal police force refuses or fails to render aid or protection to any person in case of danger to life or property, such peace officer shall be primarily liable for damages, and the city or municipality shall be subsidiarily responsible therefor. The civil action herein recognized shall be independent of any criminal proceedings, and a preponderance of evidence shall suffice to support such action. Art. 35. When a person, claiming to be injured by a criminal offense, charges another with the same, for which no independent civil action is granted in this Code or any special law, but the justice of the peace finds no reasonable grounds to believe that a crime has been committed, or the prosecuting attorney refuses or fails to institute criminal proceedings, the complaint may bring a civil action for damages against the alleged offender.Such civil action may be supported by a preponderance of evidence. Upon the defendant’s motion, the court may require the plaintiff to file a bond to indemnify the defendant in case the complaint should be found to be malicious. If during the pendency of the civil action, an information should be presented by the prosecuting attorney, the civil action shall be suspended until the termination of the criminal proceedings. Art. 36. Pre-judicial questions, which must be decided before any criminal prosecution may be instituted or may proceed, shall be governed by rules of court which the Supreme Court shall promulgate and which shall not be in conflict with the provisions of this Code

Friday, November 8, 2019

Facebook an important weapon in the politics of Vietnam.

Facebook an important weapon in the politics of Vietnam. Facebook was founded in 2004 by Mark Zuckerberger. It was initially meant for students of Harvard University. Over the years, it grew to include all universities in Boston and presently it has become global (Phillips 3). There are no charges for registration on the site.Advertising We will write a custom case study sample on Facebook an important weapon in the politics of Vietnam. specifically for you for only $16.05 $11/page Learn More Facebook generates its income from advertising (Phillips 4). It is the biggest site of its kind that focuses on education. Facebook’s management structure has Mark Zuckerberg as Chairman and principal executive officer. The company has operations in many countries around the globe. There are staff members that autonomously manage operations in these countries. The staff may be based in any part of the world because Facebook is Internet based. These people are responsible for daily decisions regarding Facebook operation s in the host country. Policy guidelines are laid out by the principal executive officer, and board of directors has to be considered for every decision. This method of management is quite effective. It allows individuals with knowledge on certain aspects of an economy to guide the business accordingly for achievement of objectives. One of Facebook’s objectives as a business is to connect all people who were part of a school, college or University. A key aspect in the success of any media platform in a country is knowledge of the spoken indigenous language (Kreitner 210). A country like Vietnam has its indigenous language as the official language. This means operation in that country has to be in Vietnamese, and that is what Facebook has done in Vietnam. Vietnam’s economy is growing at a very fast rate. This economic growth and development comes with increased use of certain services. One of these services is the Internet. Many people in developed and emerging economie s access information and disperse news through social media. The economy in South East Asia has not been left behind. There is a rampant use of social media use in Vietnam, and Facebook has the majority of users. Vietnam has become the leader in relation to Facebook users in the region. Users of Facebook in Vietnam are very aggressive in sharing information on political injustice. At the moment, 71.4% of all the people who use the Internet in Vietnam are registered (Thang 20).Advertising Looking for case study on communication strategies? Let's see if we can help you! Get your first paper with 15% OFF Learn More There are about 32 million Internet users in this country going by the latest records. Facebook has around twenty two million users in Vietnam. These are many people by any standards. The rate at which these users increase is also fast. In 2012, there existed only 8.5 million registered users in Vietnam (Thang 20). Fourteen million new users joined Fa cebook in Vietnam within that time. Compare this with Six million users of Facebook who dropped its use in America in a period of one month. No other country in the world has this record of Facebook growth. Examining the two nations in terms of Facebook’s growth, they are the exact opposite when parameters like registrations and usage are considered. Such rates are encouraging to those keen on marketing their businesses in the Vietnamese economy. There is another good side to a population that is aggressive on Facebook. It is the ability to share opinions on issues. Facebook has empowered the people of Vietnam to share their opinion using Facebook. They are no longer afraid to air their opinion through social media (Do 2). The environment in Vietnam is not very conducive for the press. The Vietnamese administration uses a number of tactics to suppress members of the third estate. The targeted are people who raise questions about the conduct of government, and activists who in quire about state accountability on matters related to public finance. These methods of suppression are both physical and legal in their manner of orchestration. The legal means is misuse of permissible instruments meant for ensuring justice. Intimidation from the state has left very few options for dissenting voices. The only way to give one’s opinion on political issues without becoming a target is through the Internet. This is mostly done through social media and blogs (Freedom House 10). Three well known bloggers are under prosecution on charges made up by the government to silence their opinion. They have a good chance of being sentenced to two decades in prison. The charges are dubious and branded as influencing the Vietnamese population through propaganda against the government. The bloggers stirred up the wrath of authorities by questioning the unlawful acquisition of land by the state, and irregularly granting China territorial concessions (Borders (RWB) 4). The Inte rnational Federation for human rights (FIDH) had concerns with the way the Vietnamese authorities were unpredictable and lacked transparency on the topics that the bloggers were barred from covering.Advertising We will write a custom case study sample on Facebook an important weapon in the politics of Vietnam. specifically for you for only $16.05 $11/page Learn More According to FIDH, it was a way of intimidating the bloggers (Gaydazhieva 6). There has been an increase in the surveillance of bloggers in Vietnam. Ten years ago, bloggers were not under strict government surveillance. The government has realised that blogs are a â€Å"safe haven† for critics of its policies. It views these platforms as dangerous and capable of igniting a revolution (Thang 26). There is a unit under the ministry of Public Security that monitors Internet users who visit sites that cover politically sensitive issues. The government also perceives websites like Facebook as threats in dispersing information. It is in this regard that it has created its own social network platform. It probably plans to utilise this platform to fortify its Internet monitoring programs for the citizens (Opennet 5). Things are worse at the moment with the state’s enforcement of a Decree called 72. This was done in 1st of September 2013. This legislation is not very clear on issues concerning the media, and touches on certain aspects of bloggers and users of popular social media such as Facebook (J. Phillips 2). Under the legislation, there should be no discussions about political issues or any other information that is not personal in relation to the definition of the authorities in any form of media. It would be criminal to engage in the mentioned exchanges. The state claims that its aim is to protect citizens from becoming corrupt because of the influence of information streaming from other nations (Shubber 3). Most people registered on Facebook in Vietnam could n ot access it for a while because of government restrictions. There is some amount of truth in this belief because Vietnamese authorities believe Facebook has a hand in the social unrest that plagues the country. The conflict is about the high cost of living in a country whose economy used to be stable. Inflation is now over 10%, and the price of rice has considerably increased. The state believes that demonstrations witnessed recently are coordinated through this social media platform. The people of Vietnam are aware of other means to go around government restrictions on access of Facebook. Most of them can access their Facebook accounts through a trick from Google called Domain Name System (DNS). Previously, this go-around did not work. It was only possible to gain access through other advanced tools for bypassing the security checks such as HotpotShield, Tor and a Virtual Private Network (VPN). This troubled access has been on for about two years (Do 1).Advertising Looking for case study on communication strategies? Let's see if we can help you! Get your first paper with 15% OFF Learn More The method of blockage implemented by Vietnamese authorities does not guarantee that users are denied access compared to what happens in China. China blocks use of such sites from the Internet Service Providers (ISP). Using Internet service providers is more effective than Vietnam’s method (Clark 5). Facebook is the only means Vietnamese can use to share opinions on political matters. Close monitoring and stringent rules leave no other option. People in this country are scared of arrests by the police that results in long sentences or death in police stations (Great Britain Foreign and Commonwealth Office 166). The impact of Facebook in Vietnam cannot be underestimated. This was witnessed on October 4th 2013 with the death of independence hero Vo Nguyen Giap. Many Facebook users in Vietnam put his face in their profiles. Use of pictures without any words was a coded message that is political in nature. It is difficult to prosecute a person on the basis of a morally upright pi cture that has been posted on his profile. There was something similar when China and Vietnam were not in agreement over territorial ownership of some islands. Vietnamese posted pictures showing a Chinese naval officer guarding what was marked as Vietnam territory. Coded message was shared before the restriction on Facebook was imposed in Vietnam. It resulted in demonstrations against China that many Vietnamese believed was violating their country’s sovereignty. Obviously, many of them were not happy about the way their country was run. Citizens of Vietnam believe that there is no capable leader in their country. The only leader that the citizens saw was the late Giap because he liberated them from the colonialists. They find themselves colonised by a waning economy and corrupt leaders (‘’How a Facebook profile has become a political tool in Vietnam’’ 2). It is obvious that the state has noticed this trend. Another Facebook blockage would likely exp ose the leadership at this moment as undemocratic and against any reforms. This means that social media users have a chance to continue with their coded messages. In a country where media freedom is controlled by a regime keen on taming real democracy, this is the citizens’ only platform to express discontent. Vietnamese government has a number of times tried to control Facebook in the same way it does other formal media and blogs. This has not been easy because the Facebook servers used by Vietnam are not within its borders. It has on many occasions requested that Facebook maintains an office in the country. Facebook is reluctant because it wants to protect its revenue generated by users registered in the country. This gives Vietnamese another opportunity to continue sharing coded messages that are political. In Vietnam, the government controls the media directly or indirectly. Editors and many journalists employed in media houses are under a strong influence of the governme nt. In some cases, the Vietnamese government or a high-ranking state official is the majority shareholder of media companies. In addition, the government keeps media chiefs in check by holding regular meetings with them on the content they put out to the public. Foreign journalists are controlled by being given short government work permits. Foreign journalists who do not report favourably about the government will most likely have their work permits revoked (Nguyen 3). The media that lean on only one side of a political divide cannot be trusted to drive change that citizens of Vietnam yearn. In Facebook, users have the option of engaging one another even through the use of coded messages unlike other media controlled by the state. The Internet and Facebook have the ability to bring political change in a society. The Arab spring is a good example of how this feat is achievable. It can be concluded that it brings about liberation to the common man, whether real or imagined (Storck 4) . Facebook as an Internet tool is useful in convincing people about political opinions. This should not be overlooked by any person in power in today’s age. Facebook could become the genesis of involving people in the governance of their country. It can also be a useful way of communication between the government and its citizens (Bunyavejchewin 69). It can be used to propagate harmony in the society. Governments should harness this characteristic because it is a powerful media platform. The legislation proposed by the government of Vietnam cannot be implemented. Even if it is implemented, the costs involved will be so much for the government. Vietnamese administration is trying desperately to keep people from sharing opinions on how their country is governed. This is not the right approach in a world that is connected and full of tech savvy individuals. Vietnamese government should tackle issues of governance raised by its citizens through the same means. There is no use cre ating replica services that are expensive to run. A well-informed government can counter embarrassing demonstrations that it desperately tries to contain by using media professionals. The country stands to benefit from a government that allows media to operate in such a way through increased foreign investment in the sector. In this case, we see how the structure of this social network giant in management helps it in navigating an environment that is not very friendly. Its decision to host servers outside Vietnam has made it the only option for expression of political discontent in an ingenious and immune way. Facebook enables the leaders in Vietnam to realise that they cannot be fully in control of the way people express themselves. It is a simple case that depicts the impact of social media on governance and leadership of nations. Facebook and other social media have been use to bring down governments- case in point the Arab spring. The world is changing in term of the way informa tion is relayed. Governments will soon realise that silencing media platforms is not easy. People can voice their concerns through social media platforms like Facebook when the government gags the main stream media. Bunyavejchewin, Poowin. Internet Politics: Internet as a Political Tool in Thailand. Canadian Social Sciences. Vol 6, No. 3, 2010, pp. 66-72. Academia.edu. Web. Clark, Helen. Facebook in Vietnam: Why the block doesnt work. 5th May 2010. Web. minnpost.com/global-post/2010/10/facebook-vietnam-why-block-doesnt-work. Do, Anh-Minh. How a Facebook profile picture has become a political tool in Vietnam. 15th October 2013. Web. techinasia.com/facebook-profile-picture-political-tool-vietnam/?utm_source=feedburnerutm_medium=feedutm_campaign=Feed%3A+PennOlson+%28Tech+in+Asia%29. Do, Anh-Minh. Vietnams Facebook penetration hits over 70%, adding 14 million users in one year. 25th September 2013. Web. techinasia.com/vietnams-facebook-penetration-hits-70-adding-14-million-users-year/. Freedom House. Vietnam 2013. Web. freedomhouse.org/report/freedom-press/2013/vietnam. Gaydazhieva, Stanislava. Media: Activists criticise Internet freedom in Vietnam – New Europe. 28th February 2013. Web. marietjeschaake.eu/2013/02/media-activists-criticise-internet-freedom-in-vietnam/. Great Britain: Foreign and Commonwealth Office. Annual report on human rights 2009. 2010. London: The Stationary Office. Print. Kreitner, Robert. Management. 2008. New York: Cengage Learning, Print. Nguyen, Giang. Vietnam. 1st January 2010. Web. https://reutersinstitute.politics.ox.ac.uk/fileadmin/documents/Media_Landscapes/Vietnam.pdf. Opennet: Vietnam 2012. Web. https://opennet.net/research/profiles/vietnam Phillips, Jak. ‘The Civil Disobedience of the 21st Century’: How Vietnamese Bloggers Evade Controls. 1st October 2013. Web. http://world.time.com/2013/09/30/the-civil-disobedience-of-the-21st-century-how-vietnamese-bloggers-evade-controls/. Phillips, Sarah. A brief history o f Facebook. 25th July 2007. Web. theguardian.com/technology/2007/jul/25/media.newmedia. Reporters Without Borders (RWB). Special report: Crackdown on the media and dissent in Vietnam. 25th September 2013. Web. . Shubber, Kadhim. Vietnam to ban discussion of news on social media sites. 6th August 2013. Web. wired.co.uk/news/archive/2013-08/06/vietnam-decree-72. Storck, Madeline 2011, The Role of Social Media in Political Mobilisation: a casestudy of the January 2011 Egyptian Uprising. PDF file. 20th December 2011. Thang, Nguyen Lang. Vietnams press freedom shrinks despite open economy. 19th September 2012. Web. http://cpj.org/reports/2012/09/vietnams-press-freedom-shrinks-despite-open-economy.php.