Dworkin and legal positivists seek to provide guidelines for impartial Essay

Dworkin and legal positivists seek to provide guidelines for impartial judicial decision making, but do so in different ways and with different results. Discu - Essay Example non-Dworkian sense implies that the legal validity of a given norm, and hence whether it forms part of the law of that system, depends on its sources, not its merits. This paper discusses the jurisprudential basis of impartiality in judicial decision-making based on the theory of Dworkin and juxtaposing the same with another contemporaneous legal positivist, Professor H.L.A Hart. Dworkin, in his paper ‘The Model of Rules’, identifies and attributes to Hart a four-fold doctrine:2 (1) that law consists of ‘rules’ (understood as legal standards that differ from what Dworkin calls ‘principles’); (2) that legal rules are identified via a ‘rule of recognition’; (3) that where a rule does not control a case, judges have discretion; and (4) that in those cases where judges have discretion, neither party has a pre-existing legal right to prevail. Dworkin rejects the merit of all these four doctrines, but for the purposes of the present essay we shall limit our discussion to the last two of these four doctrines identified by Dworkin. The purpose of this essay in so far as it attempts to juxtapose Dworkin’s theory with Hart’s, shall be better served if prefaced by a brief survey of how Hart perceived the impact of judicial discretion on law-making. The variance in the two approach is best illustrated by taking as an example the ‘hard cases’ to be decided by a court of law- that is, cases which have a uniquely singular problem which has not be covered by the text of the relevant statute or which it is abundantly clear has never come within the contemplation of the legislature. Hart has consistently taken the view that, as a conceptual matter, what constitutes a question of law as ‘hard’ is that the pre-existing law is substantively indeterminate with respect to that question and is insufficient to determine a uniquely correct answer.3 Hard cases, therefore, arise because there is a gap or vacuum in the coverage of pre-existing law. Since, in such

The portrayal of women in The Great Gatsby Essays -- English Literatur

The portrayal of women in The Great Gatsby Since the concept of society exists, women have been classified differently from men. Women have always been the "weak sex", which is meant to obey and please men. This has changed and now there is a relative equality between sexes, but surprisingly, the image of women only started to change significantly in the last 100 years, and even in this century discrimination still takes place. In the 1930's society had still a very primitive view of women, even if they had acquired rights such as the right to vote, this had just occurred in the 1920's. Most men still had the thought that women should only stay home and raise children, that they should not be involved in politics, and their ideas were not valuable. From the start of the book we can see that women in the book are portrayed, as naà ¯ve, brainless and that they can be easily manipulated. We first notice this with Daisy's description, and then Myrtle's, Jordan is kind of an exception, but she doesn't have much of a significant part in the story. Daisy is described as sensitive, materialistic, and she believes in everything she hears. I think that the fact that she is blonde is because of the popular saying that "blondes are stupid". Throughout the book we can see that as a matter of fact daisy is the image of what is supposed to be a high class women, she is not too bright, aware of her prettiness, and style "sophisticated god I'm sophisticated" daisy, pg 18 and thinks that the world revolves around her, and she hardly does anything by herself, Daisy isn't totally in control of her own life, as she hasn't got the courage to change What she is unhappy with, in fear of the public opinion, With Daisy the autho... ... or emotions. By giving such superficial information about them the reader gets the idea that they are foolish, and not too bright. Neither of them has a really important role in the plot, or is fundamental in crucial times of the story. They don't participate with ideas. Daisy is Gatsby's dream, for all he lives and she is portrayed as an "unreachable jewel" almost as an object, something that does not exist, and will never be reached. Definitely women have a secondary role in the book, the narrator is a man, important phrases are said by a man, and It's men who are described deeply, the whole story spins around them. In the 1930's it was a common idea to think women had a secondary l role in life, maybe F. Scott Fitzgerald had this ideology, or he was trying to reflect society as accurately as possible, and for this reason he put women on a second plan.

An Analysis of The Cask of Amontillado Essay -- essays research papers

An Analysis of â€Å"The Cask of Amontillado   Ã‚  Ã‚  Ã‚  Ã‚  In â€Å"The Cask of Amontillado† Edgar Allan Poe takes us on a journey into the mind of a mad man. The story relates a horrible revenge made even more horrible by the fact that the vengeance is being taken when no real offense had been given. In a short space and with ultimate technical skill, Poe creates a nightmare, guaranteed to give the reader a sleepless night.   Ã‚  Ã‚  Ã‚  Ã‚  The plot of the story is a simple one. Montresor tales revenge on his friend Fortunato by luring him into the tunnels under the family estate. There he leads Fortunato into the depths of the catacombs where he buries him alive by walling him into a niche. The story is told in first person from the point of view of Montresor himself. The exposition of the story occurs when Montresor tells us that he wants to take revenge on Fortunato because â€Å"he ventured upon insult.† We also learn that he intends to go unpunished for this act of vengeance. The narrator informs us that he is going to continue to smile in Fortunato’s face, but use the pride his victim has in wine to lure him into the catacombs to taste some of his non- existent amontillado. At this point, the reader knows the conflict will be one of man against man. It is an external struggle because Fortunato and Montresor are in a life and death fight. However, the conflict is largely internal, because Montresor has a fierce hatred that Fortunato is unaware of. The narrative hook seems to occur when Fortunato follows Montresor into the vault. Even if the reader was confused by the language of the first paragraph or is puzzled by the motive of the narrator, he is curious to know what will happen next. We know the moment of revenge is at hand, but what is Montresor going to do to Fortunato? Why is he taking him underground?   Ã‚  Ã‚  Ã‚  Ã‚  The climax of the story is when Montresor chains Fortunato to the wall and begins to layer the bricks. It is our high point of emotional involvement. We are like Fortunato in that we cannot bring ourselves to believe what is about to happen. The denouement lets us know indeed, Montresor was never punished for this crime. Fifty years has passed and he is an old man telling the story on his deathbed. The true horror is that Fortunato died a terrible death, utterly alone, and his killer was never brought to justice.   Ã‚  Ã‚  Ã‚  Ã‚  Perhaps the theme in the story is the least imp... ...ng about Fortunato’s health and says he will not die of a cold. The greatest use of irony is when Montresor says he is a member of the masons. Fortunato thinks he means he is of a fellow member of a society when what he really means is that he is a bricklayer about to brick him in for all eternity. This conversation also provides foreshadowing in the story. This is the first clue the reader gets about how Montresor will punish Fortunato.   Ã‚  Ã‚  Ã‚  Ã‚  The overall mood of the story is one of horror and impending evil. The ending of the story is filled with suspense. What will happen now that Fortunato is chained to the wall? Will Montresor come to his senses and have mercy on Fortunato? We see Montresor carefully construct each tier of the wall. Why does he hesitate at the end? Will he react to the desperate cry of Fortunato? When the last brick is set in place, we know Fortunato’s doom has been sealed.   Ã‚  Ã‚  Ã‚  Ã‚  I find that this story makes the hairs on my back of my neck rise every time I read it. There is no real violence in the modern sense of the word, yet it is more horrifying because of all the things you don’t see with your outward eye but the with inward eye of the imagination. An Analysis of The Cask of Amontillado Essay -- essays research papers An Analysis of â€Å"The Cask of Amontillado   Ã‚  Ã‚  Ã‚  Ã‚  In â€Å"The Cask of Amontillado† Edgar Allan Poe takes us on a journey into the mind of a mad man. The story relates a horrible revenge made even more horrible by the fact that the vengeance is being taken when no real offense had been given. In a short space and with ultimate technical skill, Poe creates a nightmare, guaranteed to give the reader a sleepless night.   Ã‚  Ã‚  Ã‚  Ã‚  The plot of the story is a simple one. Montresor tales revenge on his friend Fortunato by luring him into the tunnels under the family estate. There he leads Fortunato into the depths of the catacombs where he buries him alive by walling him into a niche. The story is told in first person from the point of view of Montresor himself. The exposition of the story occurs when Montresor tells us that he wants to take revenge on Fortunato because â€Å"he ventured upon insult.† We also learn that he intends to go unpunished for this act of vengeance. The narrator informs us that he is going to continue to smile in Fortunato’s face, but use the pride his victim has in wine to lure him into the catacombs to taste some of his non- existent amontillado. At this point, the reader knows the conflict will be one of man against man. It is an external struggle because Fortunato and Montresor are in a life and death fight. However, the conflict is largely internal, because Montresor has a fierce hatred that Fortunato is unaware of. The narrative hook seems to occur when Fortunato follows Montresor into the vault. Even if the reader was confused by the language of the first paragraph or is puzzled by the motive of the narrator, he is curious to know what will happen next. We know the moment of revenge is at hand, but what is Montresor going to do to Fortunato? Why is he taking him underground?   Ã‚  Ã‚  Ã‚  Ã‚  The climax of the story is when Montresor chains Fortunato to the wall and begins to layer the bricks. It is our high point of emotional involvement. We are like Fortunato in that we cannot bring ourselves to believe what is about to happen. The denouement lets us know indeed, Montresor was never punished for this crime. Fifty years has passed and he is an old man telling the story on his deathbed. The true horror is that Fortunato died a terrible death, utterly alone, and his killer was never brought to justice.   Ã‚  Ã‚  Ã‚  Ã‚  Perhaps the theme in the story is the least imp... ...ng about Fortunato’s health and says he will not die of a cold. The greatest use of irony is when Montresor says he is a member of the masons. Fortunato thinks he means he is of a fellow member of a society when what he really means is that he is a bricklayer about to brick him in for all eternity. This conversation also provides foreshadowing in the story. This is the first clue the reader gets about how Montresor will punish Fortunato.   Ã‚  Ã‚  Ã‚  Ã‚  The overall mood of the story is one of horror and impending evil. The ending of the story is filled with suspense. What will happen now that Fortunato is chained to the wall? Will Montresor come to his senses and have mercy on Fortunato? We see Montresor carefully construct each tier of the wall. Why does he hesitate at the end? Will he react to the desperate cry of Fortunato? When the last brick is set in place, we know Fortunato’s doom has been sealed.   Ã‚  Ã‚  Ã‚  Ã‚  I find that this story makes the hairs on my back of my neck rise every time I read it. There is no real violence in the modern sense of the word, yet it is more horrifying because of all the things you don’t see with your outward eye but the with inward eye of the imagination.

Methods of Measuring Design Quality

There are several methods by which companies measure the design quality of products, services and processes. The companies select the methods in accordance to their goals. Accordingly the methods for measuring design quality may be generic like the reusability of design or specific like the size dimensions of motion system. Whatever be the metrics used, there is a trend towards using a combination of weights and rating scales for objectively measuring design quality. One approach to measuring design quality is examining the extent to which the different parts or the subsystems of the design depend on one another. From this stand point those designs that are inflexible, and have a high degree of interdependence cannot easily be changed.   When a change is introduced it has a surging effect and it becomes impossible to guess the cost of such a change. These designs create a situation where the managers very rarely allow changes. Another way of assessing design quality is to test its reusability. If the needed parts of the design are highly dependent on other details, design is highly interdependent. In such a situation is important to see if the design can be used in a different situation or a combination. For example, if there is an embossing unit designed as a part of a plastic stretching line. Can the embossing unit be separated from the line and used in a different plastic stretching line? Continuing with the example, can the plastic extruder be separated from the line and used as a part of another plastic strapping line? Finally, is there a tendency of the system to break in several places when a one change is made to the system? If the design is brittle then there are problems in areas that have no direct connection with the changed area (Akao, Yoji 2004). In the plastic stretching line if the embossing unit is removed there is a problem in the cooling unit. Such brittleness reduces the reliability of the design and creates maintenance problems. The production personnel cannot rely on the production specifications. Another approach to measuring the quality of design is to examine the specifications of the designs in terms of the realization of its objectives. The cost of implementing the design and the ease with which the device can be produced are evaluated. A strong correlation is usually present between the design and the specifications and the ratio can be used as a reliable measure of design quality (Park, Sung H1996). Another measure of design quality is to measure design performance(Belavendram, N 1995). In this case the design quality evaluates a number of factors like the craftsmanship, the cost of design, the cost of production, and even the return on investment of the design process. In case the design is made by an internal team there is even a comparison of the performance of the design with the expected performance from external designers. Measuring the design quality has assumed new importance with how designs are being managed to increase value of the organization to its customers. Instead of tangible end products, there are companies that evaluate the designs of business models and improve its designs to ensure that every interaction with a customer is dependable and persuasive. Design quality is also measured from the point of view of the user. The design is expected to make the process clear to the user. Moreover, the design should make the behavior of the organization, system or the process dependable to the user, Further; the design should be such that the process or the system should provide feedback. In case of interaction with the customer, the feedback should be both visual and audio. The message however, should be clear. The design of a process or a system should be such that the user should effectively be able to trace the path of action (Hoyle, David 2005). There should be a close correspondence between the specifications that have been given to the user and the manner in which the system works. Finally, the design should allow for measures of control. Measuring design quality is often a task of applying general principles of designing. The general principles of designing include questions like is the design trouble-free? An uncomplicated and simple design is preferred. Also is the design is long lasting? An adaptable design is desirable and so is a timeless design. The design should appeal to the future generation. A good design solves the moot problem (Hayes, Bob1998). A good design gives a few elements to the users that can be combined by the users themselves. A lot of work goes into a high quality design and this is reflected in the design itself. One of the metrics widely used in measuring design quality is the use of symmetry. Further, the fine tuning that has been done to the design to improve its quality and performance. Quality design can be replicated and is different from the norm. Finally, good design is done in large pieces. From the perspective of production management it is important to remember that the design quality is important in motion control system. In this context the quality of design embraces the selection of the motor drive electronics, positioning mechanism and motion controller.. Design quality emerges from the planning that goes into the development of the system. Designing quality entails full description and understanding of the process. Meticulous details go into this designing stage like the precision of the motion, the travel length of every axis and the number of axis. A good quality design specifies if the positioning is rotary, linear or a combination of stages (Card, David N & Glass. R 1990). The quality of design is also evaluated by the manner in which it incorporates the stage as an integral part of the larger system. The ability of the stage to meet its specifications is also an important consideration in measuring design quality. The design also encompasses the way in which the system is mounted on a flat surface to avoid distortions. The quality of design is also judged from the way in which the lifetime requirements of the system are incorporated into the stage specifications. If the requirements change then the system may have to be removed to a different position during its lifetime. Good quality design takes into consideration the size and the environmental consequences of the system. Both horizontal and vertical size constraints need to be considered. Factors like the choice of drive type, selection of motor and the mechanical and electrical aspects of the system motions are important factors in appraising the design quality. In the context of customer service, measuring design quality means evaluating parameters that go into a better provision of service to the customers. To deliver consistently superior service requires a high level of design quality. The design must include processes, people and the technology. Only if the design is of high quality will the company get increased sales from customers that have experienced superior service.   The design often extends to aspects of information technology. The designing of products and service responses based on data often are critical in attracting and retaining customers. The quality of design reflects on the services provided like tracking the choices of individual customers, payment methods, patterns of buying, support websites and live chats with technical staff. To be successful the design must consider factors like support technology, culture of the organization, incentive system, training and recruitment of customer support staff. In most situations like a production setting or a customer service system, there are some metrics that are selected for measuring the design quality. Usually, these metrics are based on the objective of the organization and are discussed with the designer before the design commences (Wood, Jane & Silver, Denise 1989). For example, the company that wants to design a motion control system will discuss with its production engineers specifications that are required for the motion control system and agree on a few metrics that will be used to measure the design quality. For example it may be the positioning of the linear rotary, the adaptability of the system, the size of the system, the stopping ability of the drive and precision of the description of the system. Each of these metrics for measuring design quality should be given a weight so that the sum of the weighs adds up to 1. For example, the stopping ability of the drive may be given a weight of 0.3 and the precision of the description of the system may be given a weigh of 0.1 and so on. In practice these weights are decided jointly by the management and the designer. A document for measuring design quality typically has a rating scale of five attached to each metric. After the design is completed a rating is given to each metric. The rating may range from 1 to 5, where 1 is the lowest rating and 5 is the highest rating. Each rating is multiplied with the respective rating. For example the stopping ability of the drive may get a rating of 3, this figure is multiplied by its weight of 0.3 and we get a score of 0.9. The scores for each metric is added and a composite score is calculated. As the weights add up to 1, the composite score ranges from 1 to 5, with 1 being the lowest design quality and 5 the highest possible quality measure. The actual composite measure for design quality will range between 1 and 5. To sum, there is a wide range of metrics used for measuring design quality. Some are generic metrics like the flexibility of the design, the adaptability or its brittleness. Others are metrics related to specific situations like the metrics for measuring the design quality of a motion system. Design quality of customer support systems or HRM recruitments systems are also measured with respect to the goals of the design. These metrics are then rated according a previously decided standard, weighted and a composite score is calculated to give a comprehensive measure of design quality. References: Akao, Yoji (2004), Quality Function Deployment: Integrating Customer Requirements into Product Design, Productivity Press Belavendram, N (1995) Quality by Design, Prentice Hall Card, David N & Glass. R (1990) Measuring Software Design Quality. Prentice Hall Hayes, Bob (1998) Measuring Customer Satisfaction: Survey Design, Use, and Statistical Analysis Methods, ASQ Quality Press Hoyle, David (2005) ISO 9000 Quality Systems Handbook, Elsevier Park, Sung H (1996) Robust Design and Analysis for Quality Engineering, Springer Wood, Jane & Silver, Denise (1989), Joint Application Design: How to Design Quality Systems in 40% less Time, John Wiley & Sons Inc            

Islam and Arabic Language Essay

In 571, Mohammad the Prophet took his first order from the God, which is â€Å"read†. Then after many orders, Kor’an the holy book was completed. After the completion of Kor’an, it has been single and certain guide for all the muslims. Yet, if a person want to read and understand that book, that person has to know Arabic Language. The problem is why is Arabic main language of Islam and Koran even though the islam is universal? Before the Islam, arabic was just one of the Language that was spoken in only certain regions in Arabia. But after the Islam whole Arabia had started to talk in arabic because arabia is the region which is starting point of Islam. It was natural but after spreading other parts of the World, The arabic had became main language of some regions which was unnatural. In christianity, for example, for many centuries, Latin was the language of Bible but it could not influence people that made people’s who live in Europe lanugage change. Because unlikely to Islam, people can prey and worship in other language. These restrictions in Islam influence people’s language because worshipping and preying take a lot time and they have to be done everyday. In addition to that Kor’an has to be read in Arabic. Due to these reasons from tunus to Iraq arabic is the main language even though it is not their ancient language. Due to many reason arabic language has spread but some countries such as Iran and India has preserved their language altough they are muslims. The answer lies under their culture. Changing religion just not change belief of community, it also changes culture of community. Thus Iran and India which posses strong culture and language whose roots are older than 3000 years old. It is impossible to change cultures that old. After the Islam, India has become a Great Britain Empires Colony and Iran was ruled by Seljuks yet the results were same these cultures could preserve itself. In a nutshell, spread of arabic language inevitable because of spread of Islam whose main language is arabic but also this influence cannot approach to certain nations due to their strong cultures. Yet it is still unclear that why is the universal religion islam’s main language is arabic? It is still being claimed that Kor’an has not been changed but this reason makes people think that maybe it has been changed because of this reasons.

How Gender Increases The Hiv Risk Of Women - 1987 Words

When AIDS made its debut in the early 80s, societies branded it as disease that infected homosexuals and/or IV drug abusers. First things first, AIDS and HIV are different. HIV (human immunodeficiency virus) is the virus that infects a person, and if left untreated leads to the fatal disease AIDS (acquired immune deficiency syndrome). However, over the last 35 years, we have learned that, in reality, AIDS does not discriminate against sexual orientation, drug addictions, race, age or any other factor; however, it victimizes one gender more often than the other. Researchers prove that, on a global scale, women are more susceptible to contracting HIV/AIDS than are men. Both statistically and logically, women experience higher incidences†¦show more content†¦UNAIDS, a global organization AIDs advocate, defines trafficking as â€Å"the recruitment, transportation, transfer, harboring and receipt of persons, by means of threat or use of force or other forms of coercion, abdu ction, or fraud, of deception, of abuse of power.† The definition continues to include â€Å"the giving or receiving of payments or benefits to achieve the consent of a person having control over another person for the purposes of exploitation.† UNAIDS also deems trafficking as a â€Å"modern-day slavery† imprisoning millions of women and girls around the world yearly. These women are kept hidden from society which makes it challenging for accurate research to be conducted on them. However, Kathleen Wirth, a researcher at Harvard School of Public Health, devised a way that â€Å"encompasses creative techniques in order to obtain interviews from victims that will help keep them safe from harm† (WHO IRIS). Important data such as the fact that women and girls represent 55 percent of the estimated 20.9 million victims of forced labor worldwide, and 98 percent of the estimated 4.5 million forced into sexual exploitation (â€Å"Facts and Figures†). UNA IDS advocates explain how despite the vulnerability of women in these settings, the spread of the HIV virus can be prevented and is conditional upon the workplace setting. Some work settings, such as brothels, require that the workers wear condoms while servicing a client; however, other settings, such as street

Essay on Nurses Promoting Mental Health - 1102 Words

Promoting Mental Health Introduction The World Health Organization defines health as â€Å"a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity† and that the â€Å"enjoyment of the highest attainable standard of health is one of the fundamental rights of every human being without distinction of race, religion, political belief, economic or social condition.† (World Health Organization. 2006) As nurses, health and health promotion are fundamental to the job. Nurses have a responsibility to participate in the advancement of health promotion by teaching acutely ill patients how to manage illness and teaching healthy people how to remain healthy. Nurses must have an evidence-based†¦show more content†¦Many of the major health problems today are lifestyle related and many of these ailments can be prevented or minimized by the choice of positive health habits. These lifestyle choices relate to physical activity, nutrition, weight and stress manage ment, smoking cessation and cancer screening, as well as chronic disease management for those living with conditions like arthritis, diabetes, or high blood pressure. Increasingly, a nurse’s role is moving past secondary prevention and towards primary prevention and health promotion. While the importance of prevention of illness cannot be minimized, the initiative to approach wellness holistically is growing. The United States Government is taking steps to help the American public move away from lifestyles solely motivated by health protecting behaviors. Their goal is outlined in the Healthy People 2010 initiative as â€Å"developing and implementing policies and preventive interventions that effectively address [individual behaviors and environmental factors to] reduce the burden of illness, enhance quality of life, and increase longevity† (U.S. Department of Health and Human Services, 2000). 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