Declaratory Theory Free Essays

string(57) allude to any current case law, or any legitimate principle. â€Å"Declaratory hypothesis is propounded on the conviction that judges’ choices never make law, rather they just comprise proof of what the law is. Be that as it may, this view is not, at this point acknowledged. There are three explanations behind the steadiness of the decisive hypothesis. We will compose a custom paper test on Revelatory Theory or on the other hand any comparative subject just for you Request Now In any case, it bid in the division of forces. Besides, it covered the way that judge-made law is review in its impact lastly, when the appointed authorities stood up to with another, surprising, or distinctive point, they will in general present as though the appropriate response is given by the custom-based law. One of the most broadly acknowledged standards of the English lawful framework is what is known as the ‘declaratory theory’ of legal dynamic. This rule expresses that when judges are required to decide, they don't make or change the law, they just ‘declare’ it. That is, an appointed authority says what the individual in question sees the law as; no ‘new’ law is ever made by judges. New law originates from Parliament. For instance, the Criminal Justice Bill that is right now experiencing Parliament will roll out genuinely extreme improvements to the criminal law. It will remove the sweeping insusceptibility that right now exists from being indicted twice for a similar offense. Nobody is proposing that this Bill announces the law: the old ‘double-jeopardy’ guideline has existed for quite a long time. At the point when the Bill is instituted, the law will basically change. This article endeavors to appear, first, that the explanatory hypothesis itself depends on shaky suspicions of actuality. Second, it shows that the hypothesis once in a while prompts unusual ends, which must be kept away from by the most stressed thinking. At long last, it analyzes why the hypothesis orders so much worship, when most scholastics and numerous appointed authorities trust it to be lethally imperfect. Why the definitive hypothesis is verifiably faulty The old style article of the explanatory hypothesis is that of Lord Esher in Willis v Baddeley (1892): There is, actually, nothing of the sort as judge-made law, for the appointed authorities don't make the law, however they regularly need to apply existing law to conditions with regards to which it has not recently been legitimately set out that such law is material. That judges seem to make and change law is irrefutable; cases like Donaghue v Stevenson, Hedley Byrne v Heller, and Wednesbury speak to critical advancements in the law. In Lord Esher’s see, the appointed authorities in these cases would essentially be applying existing standards to new actuality circumstances. However, where do these current standards originate from? Some of them, presumably, originate from past case law. At the point when an appointed authority is approached to choose a case, frequently a choice can be made by taking a gander at past cases whose realities are like those at issue, and thinking from them. All the time there will be past cases that are official on a specific court, and these will direct the result. Be that as it may, except if we are to acknowledge a limitless relapse of case law, back to the very sunrise of time, there must be previously at which an issue was first chosen. The sentimental view is that the soonest legal choices were made by the ‘wandering justices’ of the thirteenth century, who ventured to every part of the land at the King’s command, applying and bringing together the current rule that everyone must follow. The logical view is that the English precedent-based law results from an endeavor by the Norman French honorability to apply its gauges of law in a vanquished nation, while giving a figment of coherence. Regardless of whether the legitimate improvements of the medieval period followed from a procedure of supporting built up lawful custom, or from the inconvenience of a remote statute, neither speak to a response to the inquiry where the basic standards originate from. There are extremely just two prospects: possibly they were, sooner or later, made by the adjudicators, or they depended on existing ‘universal truths’ that were plainly obvious to the appointed authorities. The decisive hypothesis renounces the thought that the appointed authorities ‘made things up’, so the main option is that they depended on general certainties. The idea that law depends on essential, plainly obvious standards of morals is frequently called ‘natural law’ statute. To be reasonable, the possibility of ‘natural law’ has had somewhat of a restoration over the most recent fifty years or something like that, in the wake of being undesirable since the eighteenth century. The possibility that the definitive hypothesis can be followed back to common law in this manner doesn't draw in a similar distrust today as it would have in the nineteenth century. The issue with characteristic law is that regardless of whether one is set up to acknowledge its essential precept, that there without a doubt are plainly obvious standards of morals, it is in no way, shape or form clear that each circumstance that requires a legal choice is one in which such basics are at issue. Consider, for instance, the notable instance of Entores v Miles Far East Corp (1955). This concerned the arrangement of an agreement by wire machine, in the beginning of this innovation. Already most conventional business exchanges would have been done by post; the ‘postal rule’ was †and still is †that in the event that individual A proposals to contract with individual B, at that point the agreement is shaped when B’s letter of acknowledgment is presented on A. This is the situation regardless of whether B’s acknowledgment never at any point arrives at A. While thinking about the utilization of message, the court needed to choose whether a similar rule could be applied to wire as to post, that is, regardless of whether a telexed acknowledgment was compelling on sending, or on receipt. The main judgment in Entores was given by Denning LJ. In his judgment he doesn't allude to any current case law, or any legitimate rule. You read Definitive Theory in class Papers Instead, he says that it is essentially sensible and evident that a message must be gotten to be compelling. On the off chance that the explanatory hypothesis is right, at that point Denning’s judgment can't be making law: it must proclaim what the law is. In any case, since he doesn't allude to any current law, it must, probably, be gotten from widespread standards. Presently, an advocate of normal law may trust it is plainly obvious that, for instance, murder and assault aren't right. However, it goes out on a limb a genuine to accept that there are standards of characteristic law in question in choosing when a telexed agreement is shaped. The truth, obviously, is that when Entores was heard, nobody truly needed to see the ‘postal rule’ stretched out to another innovation. Denning’s judgment is a completely logical one. It doesn't require any higher standards to be thought of. In outline, the decisive hypothesis is predicated totally on acknowledgment of a characteristic law perspective on law, for major standards of morals, however for everything. This, I recommend, is simply an excessive amount to swallow. Why the decisive hypothesis produces peculiar outcomes Law understudies by and large think about the ‘retrospectivity of the revelatory theory’; however it doesn’t appear to be surely known this is certainly not a doctrinal issue, or something that can be contended in any case, it is an unavoidable finish of the explanatory hypothesis. On the off chance that a legal choice can't make new law, at that point when the adjudicator proclaims the law, as an issue of plain rationale he is announcing what the law consistently was. In the Entores model examined over, this doesn't make an issue. It built up that the utilization of wire had certain lawful outcomes, yet since message was just barely coming into utilization when this choice was made, the way that Denning was announcing what the law was is of no result. It is absolutely a matter of scholarly conversation whether the ‘postal rule’ would have applied to message in, state, the fifteenth century. It is, without a doubt, of not reasonable outcome. Maybe the principal event on which the full ramifications of the explanatory hypothesis must be gone up against decisively by a court was on account of Kleinwort Benson v Leicester CC. Here, the House of rulers needed to govern on what ought to have been, for a court of this standing, a normal issue. The inquiry at issue was whether cash was recoverable in a compensation activity, on the off chance that it was paid starting with one gathering then onto the next in a mixed up comprehension of law. It had consistently been the situation that cash paid under of a misconception of reality was recoverable. It was broadly accepted that the powerlessness to recover cash paid under an error of law was unjustifiable, and incongruent with other lawful standards and different locales. The two gatherings to the case, and every one of the five of the law rulers, were in concurrence on this point: it should be conceivable to recoup cash paid under an error of law. The contradiction was on whether the choice that it was recoverable ought to apply just to new cases, or to past cases. Kleinwort Benson, a bank, had just paid its cash to the litigant neighborhood authority. It in this manner contended that the choice ought to work reflectively, so it could recover its cash. The Local Authority, then again, contended that the choice ought not have review impact. The issue was that if the issue were ruled for the petitioner bank, it must have review impact. This is an immediate result of the definitive hypothesis. All things considered, if the law at time T1 was X, and it is later changed at time T2 by legal ‘declaration’ to Y, at that point the impact of that announcement is to esteem that the law at T1 was Y too. Obviously, nobody at time T1 knew this, thus a choice made on the premise that the law was X, not Y, was fundamentally mixed up. You might be asking why this would have such sensational outcomes. Indeed, a conceivably enormous number of organizations could unexpectedly find that the they had grou

Impact of setting on EAPs House of Usher Essay Example For Students

Effect of setting on EAPs House of Usher Essay In the story Fall of the House of Usher, Edgar Allen Poes utilization of setting is significant. The story is about a person, the storyteller who goes to visit his old cherished companion as he and his sister are kicking the bucket. Roderick Usher, the companion, and his twin sister Madeline are the final individuals from the Usher, who kept up an extremely close family line. The issue is that the two outstanding individuals from the Usher family are biting the dust, this is the reason the storyteller, who isn't given a name goes to visit the family. As the storyteller shows up on the seen of the House of Usher, he mentions numerous objective facts with respect to the outside of the house. One of the main perceptions was of the despairing House of Usher, despairing significance a burdensome or thoughtful state of mind. This fundamentally says the house looked dim and miserable all things considered. The nearness of burdensome qualities of the house and yard likewise exsist. The straightforward scene highlights of the space upon the grim dividers upon the empty, eye-like windows-upon a couple of rank sedges-and upon as scarcely any white trunks of rotted trees-with an express sadness of soul which I can contrast with no natural sensation more appropriately than to the after-dream of the reveler upon opium. As the above citation proposes, the articulate appearance of the house is discouraging to such an extent that it can't be contrasted with whatever else ever observed. The main conceivable correlation is the mind flights related with the utilization of Opium. From numerous points of view, the presence of the House of Usher uncovers numerous attributes about its inhabitants. The dividers of the House of Usher helped me to remember the extensive totality of old wood-work which has spoiled for long a very long time in some dismissed vault, with no unsettling influence from the expansiveness of the outer air. What the storyteller was attempting to build up was that if the dividers had contacted air, after they had not for a long time, they would break, and could be allegorically alluded to as dead. This is a lot of the same the way that its owners, Madeline and Roderick who had not gone out for a long time. In Conclusion, I believe that Edgar Allen Poes utilization of setting in this short story was faultless. He not just helped the peruser to envision the presence of the geology of the scene, yet additionally utilized the setting to assist the peruser with looking into the spirit of the characters.

Biology. Essay Sample

Biology. Essay Sample How does the process of diffusion work? Diffusion is a lifelong process for the cells life functions when molecules move from one area of concentration to another. All cells have permeable membranes that doesnt allow any solution to pass through. When gaseous or dissolved stuff are allowed to pass through the membrane, this process is called diffusion. This process can go only when nothing keeps particles from moving, so we can observe diffusion only in gases or solutions, but cannot find it in solids. When molecules move, they go from an area with a high concentration to the area with a low concentration. A good example of it is when smell of fresh soup goes around the flat from the kitchen, or smell of bonfire goes through the forest. So, diffusion can happen only when there is a concentration gradient. Diffusion is a vital process for living organisms, there are a lot of examples how the diffusion works in human body. Digestion products that are dissolved in water, can pass through the small intestine thanks to diffusion. In the small intestine they have a higher concentration compared to the blood, so the concentration gradient will cause the process of diffusion. Carbon dioxide and oxygen are exchanged in our lungs according the same process. Osmosis is a special type of diffusion process of water molecules. This process goes through the partially selectively (permeable) membrane. The result of this process goes differently in animal and plant cells. Active transport is a process of moving of dissolves ions into or out a membrane of cell. In opposite to the diffusion, molecules move from the area with small concentration to the area with big concentration. This process doesnt go without energy, and sometimes it happens that the concentration of dissolved molecules is less outside that inside, but if the human body needs more molecules, the process wont stop. In this case, the specific molecules can be taken by carrier proteins and moving through the cell membranes. Here are some illustrations of active transport inside the human body and plants: glucose absorption in the human small intestine (the process goes in the epithelial cells share); absorption of ions by plants from ground water (the process goes in root hair cells).

Pros and Cons on Flexible Grouping in Grades 7-12

Every student learns differently.  Some students are visual  learners who  prefer using pictures or  images;  some students are  physical  or  kinesthetic who prefer using their bodies and sense of touch. Different learning styles mean that teachers must try to address the variety of learning styles of their students to target instruction. One way to achieve this is through flexible-grouping. Flexible grouping  (flex grouping) is the purposeful  and  strategic  grouping/regrouping  of students within the classroom  and in combination with other classes in various ways based on the subject area and/or type of task. Flexible grouping is used in middle and high school, grades 7-12, to help differentiate instruction for students in any content area.   Flex-grouping  allows teachers the opportunity to organize collaborative and cooperative activities in the classroom. In creating flexible groups teachers may use  test results, student in-class performance, and an individualized evaluation of a students set of skills to determine the group into which a student should be placed.  Regular review of placement in flex-grouping is recommended. In flex-grouping, teachers can also group students by levels of ability. There are ability levels organized in three (below proficiency, approaching proficiency) or four (remedial, approaching proficiency, proficiency, goal).  Organizing students by ability levels is a form of proficiency-based learning which is more common in the elementary grades. A type of assessment that is growing at the secondary level is standards-based grading which ties performance to proficiency levels. If there is a need to group students by ability, teachers can organize students into  heterogeneous grouping  mixing students with different skills  or  into  homogenous groups  with students in separate groups based on high, medium, or low academic achievement.  Homogeneous grouping  is used for improving specific student skills or measuring student understanding more often.  The student grouped with students demonstrating similar needs is one way a teacher can target identified needs students have in common. By targeting the help each student needs, a teacher can create flex groups for the most remedial students  while also offering flex groups for higher achieving students.   As a caution, however, educators should recognize that when homogeneous grouping is used consistently in the classroom, the practice is similar to  tracking  students. The sustained separation of students by  academic ability into groups for all subjects  or specific classes  within a school is called tracking.  This practice of tracking is discouraged as  research shows that tracking  negatively impacts academic growth. The key word in the  definition of tracking is the word sustained which contrasts with the purpose of flex grouping. Since the groups are organized around a particular task, flex grouping is not sustained. Should there be a need to organize groups for socialization, teachers can  create groups through a drawing or lottery. Groups can be created through pairs spontaneously. Once again, each students learning style  is an important consideration as well. Asking students to participate in organizing the flex groups (How would you like to learn this material?) may increase student engagement and motivation. Pros in Using Flexible Grouping Flexible grouping is one strategy  that allows the teacher opportunities to address each learners  specific needs, while regular grouping and regrouping encourage student relationships with teacher and classmates. These collaborative experiences in the classroom help to prepare students for the authentic experiences of working with others in college and their chosen career.   Research shows  that flex grouping  minimizes the stigma of being different and for many students helps to  reduce their anxiety. Flex grouping provides an  opportunity for all students  to develop leadership skills and take responsibility for their learning.   Students in flex groups need  to communicate with other students, a practice which develops speaking and listening skills. These skills are part of the Common Core State Standards in Speaking and Listening  CCSS.ELA-LITERACY.CCRA.SL.1 [Students] repare for and participate effectively in a range of conversations and collaborations with diverse partners, building on others ideas and expressing their own clearly and persuasively. While developing speaking and listening skills are important for all students, they are particularly important for students labeled as  English Language Learners  (ELL, EL, ESL or EFL). Conversations between students may not always be academic, but for these ELs, speaking to and listening to their classmates is an academic exercise regardless of topic. Cons in Using Flexible Grouping Flexible grouping takes time to implement successfully. Even in grades  7-12, students need to be trained in the procedures and expectations for group work. Setting standards for cooperation and practicing routines can be time-consuming. Developing stamina for working in groups takes time. Collaboration in groups may be uneven. Everyone has had an experience in school or at work of working with a slacker who may have contributed little effort. In these cases, flex grouping may penalize students who may work harder than other students who may not help. Mixed ability groups may not provide the support needed for all members of the group. Moreover, single ability groups limit peer to peer interaction.  The concern with separate ability groups is that placing students into lower groups often results in lower expectations. These kinds of homogenous groups organized only by ability can result in  tracking.   The National Education Association  (NEA) research on tracking shows that when schools track their students, those students  generally stay at one level. Staying at one level means that the achievement gap grows exponentially over the years, and academic delay for the student gets worse over time. Tracked students may never have the opportunity to escape to higher groups or levels of achievement.   Finally, in grades 7-12,  social influence can complicate grouping students. Some students may be negatively affected by peer pressure. Student social and emotional needs require that teachers need to be aware of their students social interactions before organizing a group. Conclusion Flexible grouping means that teachers can group and regroup students to address student academic skills. The collaborative experience of flexible grouping can also better prepare students for working with others after they leave school. While there is no formula for creating perfect groups in class, placing students in these collaborative experiences is a critical component of college and career readiness.

Euthanasia Murder or Mercy Essay - 1665 Words

Our modern day society has been recurrently challenged on many topics that have been deemed as â€Å"moralistically impacting.† It is accepted today that a problem cannot be solved in modern day society unless adequate proof is offered to manipulate the stalwart beliefs of many individuals in a way as to reach an impasse amongst two opposing parties. Euthanasia happens to be a topic that has been debated extensively for the larger part of the twenty-first century (Larue). Even the definition of euthanasia evokes mixed emotions: the act or practice of killing or permitting the death of hopelessly sick or injured individuals in a relatively painless way for reasons of mercy (Merriam-Webster). The struggle over whether euthanasia should be†¦show more content†¦After all, a life is a life. If an individual takes a life, it is not uncommon for feelings of remorse to be experienced. These feelings affect not only the individual who commits the deed, but also the family of the euthanized patient (Impact). Once a family member has been euthanized, it generally leaves the family with a sense of overwhelming guilt. A thought to consider: the members of the euthanized individual are responsible for that patient (Pollard). This concept usually becomes a major problem for members of the family after the death of their loved one; members of the family sometimes wonder if the patient made the correct decision, or if something might have changed to where the individual could have been healed of their ailment (). Even worse, the next question also does not have a debatable medium: What circumstances can allow euthanasia to be considered justifiable (Ethics Guide BBC)? Many consider euthanasia to be a practical option if a patient is considered terminally ill, but what exactly is the definition of terminally, in this case? Definitions vary (Arguments). These broad definitions result in an indefinable line for what is considered acceptable by people in terms or w hether a patient is truly considered terminally ill. To worsen the problem, some medical professionals have begun manipulating the original definition that was previously mentioned into what they believe is a more accurate reflection of a patient that they thinkShow MoreRelated Euthanasia Essay: Mercy Killing or Murder?1333 Words   |  6 PagesEuthanasia: Mercy Killing or Murder?      Ã‚   We, as humans, are mortal beings.   Our life span is finite.   Even though we are mortal, we try to hang onto our lives as long as we can; fear of death and wanting to live forever are, after all, part of human nature.   Sometimes, however, the field of medicine capitalizes on this aspect of humanity. While it is certainly true that one goal of medicine has always been to prolong life, another goal has been the alleviation of pain and suffering.   One pointRead MoreEssay about Euthanasia as Mercy or Murder1311 Words   |  6 PagesEuthanasia as Mercy or Murder In keeping with the root definition of euthanasia- literally [meaning] good death- [supporters] of euthanasia insist they are talking about helping terminally ill patients in insufferable pain die a dignified death- at the patients request. But this bears no resemblance to the true picture of the actual practice of euthanasia in the United States (Lyons np). Passive euthanasia is death by nonintervention, meaning a health care worker can discontinueRead MoreEssay about Euthanasia: Mercy or Murder?2228 Words   |  9 PagesAccording to the Collins Canadian English Dictionary euthanasia is defined as â€Å"the act of killing someone painlessly, especially to relieve his or her suffering† (2004). Not everyone agrees with this definition. I have always believed that euthanasia was the human choice of ending another persons life because of the excruciating pain they are suffering due to an incurable disease. Some disciplines think that euthanasia should never be an option no matter what the situation. While other disciplinesRead MoreShould Euthanasia Be Legalized?864 Words   |  4 Pages In the past, there have been practices of mercy killing for incurable animals. If the animals seem impossible to recover their health, a veterinarian is able to help them reach to death. Though there are some people disagreeing with animal mercy killing, most of people agree on it and it is legal. However, when it comes to human, there is a furious controversy over euthanasia. Because there is a sharp conflict on the issue, some countries accept mercy killing lawful while others do not. The mainRead MoreEuthanasia: Not Morally Acceptable Essay1646 Words   |  7 Pagesfollowing essay, I argue that euthanasia is not morally acceptable because it always involves killing, and undermines intrinsic value of human being. The moral basis on which euthanasia defends its position is contradictory and arbitrary in that its moral values represented in such terms as ‘mercy killing’, ‘dying with dignity’, ‘good death’ and ‘right for self-determinatio n’ fail to justify taking one’s life. Introduction Among other moral issues, euthanasia emerged with modern medical advancementRead MoreThe Bible And The Teachings Of Jesus1491 Words   |  6 Pagesspecifically mention euthanasia, it does address closely related topics. Euthanasia is essentially killing out of mercy, hence the name ‘mercy killing’. The bible tells us that we are not to murder (Exodus 20:13) and any form of taking a life is seen as killing. It says that we die when God chooses us to, and to murder is an attempt to deny God his right of appointing death. Therefore, ‘mercy killing’ is going against God’s will and is a sin. The sixth commandment is â€Å"You shall not murder†, and that justifiesRead MoreMercy Killing1489 Words   |  6 PagesMercy Killing or Just Plain Killing: The Euthanasia Debate For as long as people have been around, we have been dying. While this very well may seem to be pointing out the obvious, so many of us forget that we, as humans, are mortal beings. Our life span is definitely finite, and it should be. Just think what would happen if nobody ever died. Even though we are mortal, we try to hang onto our lives as long as we can. Fear of death and wanting to live forever are, after all, part of humanRead MoreShould Euthanasia Be Legalized?1490 Words   |  6 PagesArgumentative Essay 1 November 2015 Word Count - 1488 Mercy or No Mercy Soul is immortal. But body is mortal. In life there could be multiple problems. Some problems could be life threatening. There are some stages in life where one has to make decisions. Imagine you are in a place where you lost all your vital abilities and you have to spend your entire life like that. Your family and friend are in pain too just like you are in pain. What would you do? Euthanasia is and act where a person assist the deathRead MoreEuthanasia: The Right to Die Essay1661 Words   |  7 PagesEuthanasia, which is also referred to as mercy killing, is the act of ending someone’s life either passively or actively, usually for the purpose of relieving pain and suffering. â€Å"All forms of euthanasia require an intention to accelerate death in order to benefit patients experiencing a poor quality of life† (Sayers, 2005). It is a highly controversial subject that often leaves a person with mixed emotions and beliefs. Opinions regarding this topic hinge on the he alth and mental state of the victimRead MoreShould Euthanasia Be Legalized?901 Words   |  4 Pages Legalized Murder? Euthanasia allows someone who is suffering from a painful, terminal illness or is comatose to die painlessly. The word â€Å"euthanasia† is made up of two Greek words—â€Å"eu† means good and â€Å"thanatos† means death. Thus, the word â€Å"euthanasia† translates to â€Å"a good death.† The concept of euthanasia has been around since the 14th century. Even then, it caused much controversy among physicians, lawyers, sociologists and psychologists, making it one of the most complex problems of the modern

Walt Disney Biography Free Essays

string(98) " to make a difference in the lives of everyone who had interactions with Walt Disney Productions\." Walter Elias Disney was born on the 5th of December, 1901 in Chicago, Illinois. His father Elias Disney was of Irish/Canadian descent and his mother Flora Call Disney was of German/American descent. Walt Disney had three brothers and one sister. We will write a custom essay sample on Walt Disney Biography or any similar topic only for you Order Now The Disney family were raised on a farm in Missouri, USA where the young Walter developed an interest in drawing and trains. The Disney family moved back to Chicago where Walt attended the McKinley High School and took night classes at the Chicago Art Institute. At sixteen years of age Walt Disney dropped out of school to join the army but was knocked back because of his age. Instead, he joined the Red Cross and was shipped to France for one year, where he drove an ambulance. When Walt Disney returned from France he moved to Kansas City where his brother Roy Disney was working at a bank. He began his career as an advertising cartoonist at the Pesmen-Rubin Art Studio where he created commercial works for magazines, newspapers, and movie theaters. But he was keen to have his own business. Disney briefly started a company with the cartoonist Ub Iwerks, called â€Å"Iwerks-Disney Commercial Artists†. The venture did not take off and the pair were forced to seek alternative paths to put food on the table. Disney and Iwwerks would later work together in creating some of the earliest popular Disney cartoon characters, including â€Å"Oswald the Lucky Rabbit† and â€Å"Mickey Mouse†. Walt became a pioneer of the animation industry, working his way through from silent cartoons, to sound, from black and white to Technicolor. He created the first full length animated musical and went on to combine cartoons with live action. A surprising switch of focus led to the creation of Disneyland in 1955, the first theme park the world had ever seen. It was a squeaky sounding mouse with big ears that would go on o be Walt Disney’s biggest success. â€Å"Mickey Mouse† was born on the 18th of November, 1928. Mickey first appeared in a silent short called â€Å"Plane Crazy†, but it would be the â€Å"Steamboat Willie† cartoon with sound that made Mickey Mouse famous. Even though Walt Disney gets much of the credit and acknowledgment for creating the famous mouse, it is believed that his friend Ub Iwerks actually created Mickey Mouse. Walt Disney was the voice of Mickey Mouse up until 1946. Mickey Mouse would go on to become a symbol for the Walt Disney Company. The little mouse that started the company appeared in many cartoons, full feature films, comic strips, books, video games, toys, and was made into every piece of merchandise imaginable. Mickey Mouse became bigger than just the Walt Disney Company, and even came to symbolize the country of America. The mouse went on to become a cultural icon. Other popular cartoon characters that the Walt Disney Company went on to create include Donald Duck, Minnie Mouse, Butch the Bulldog, Scrooge McDuck, Clarabelle Cow, and many more. The company also animated other characters like Bambi, Cinderella, Alice in Wonderland, Peter Pan, Dumbo, Hercules, and more. The Walt Disney company received many Academy award nominations and was nominated for seven Emmys while Walt was alive. Disney’s company had to overcome challenges like the workers strike in 1940, but the company mostly grew forward in leaps and bounds. The company went public in 1957 and continues to be a listed company on the New York Stock Exchange to this day. Disney was working on plans for a theme park when he died from lung cancer complications in 1966. His brother Roy would follow his plans through and the Walt Disney World theme park was opened to the public in 1971. The company continued to grow after the death of Walt Disney and is now one of the largest media and entertainment conglomerates in the world. II. Problem During his working animated through from silent cartoons, to sound, from black and white to Technicolor and also created the animated musical and went on to combine cartoons with live action, there were some problem that he had faced it. †¢ When he started a company with the cartoonist Iwerks, the Iwerks-Disney Commercial Artist was failure. With all his high employee salaries unable to make up for studio profits, Walt was unable to successfully manage money. As a result, the studio became loaded with debt and wound up bankrupt. Disney then set his sights on establishing a studio in the movie industry’s capital city, Hollywood, California. †¢ By 1927, the new series, Oswald the Lucky Rabbit was an almost instant success, and the character, Oswald drawn and created by Iwerks became a popular figure. The Disney studio expanded, and Walt hired back Harman, Rudolph Ising, Carman Maxwell, and Friz Freleng from Kansas City. In February 1928, Disney went to New York to negotiate a higher fee per short from Mintz who was the distributor animated to Universal Pictures. Disney was shocked when Mintz announced that not only he wanted to reduce the fee he paid Disney per short but also that he had most of his main animators (notably, except Iwerks, who refused to leave Disney) under contract and would start his own studio if Disney did not accept the reduced production budgets. Universal, not Disney, owned the Oswald trademark, and could make the films without Disney. Disney declined Mintz’s offer and lost most of his animation staff. III. Analysis There are several things that made Walt became success. Along his journey to make his dream came true, he through up and down in the business. But Disney has a spirit and believes that he could make his dream come true. And there were some character he had that brought Disney become big today and it described as below. †¢ Personality of Leadership Walt Disney was a leader who exemplified many leadership capacities throughout his 43-year Hollywood career. He demonstrated a strong moral purpose and worked hard to make a difference in the lives of everyone who had interactions with Walt Disney Productions. You read "Walt Disney Biography" in category "Papers" His moral convictions were instilled in him by his parents at a young age. Walt was always striving to make people happy. His first priority was always to his family. Although he struggled to balance work and family at times, he was always there for his wife and daughters. Walt also had a strong commitment to his employees. He knew each person by name and insisted that everyone call him Walt. Throughout his life, and since his death, Walt Disney did more to touch the hearts and minds of millions of Americans than any other person in the past century. †¢ Knowledge of the Business After the failure of the Iwwerks-Disney Commercial Artists venture, Walt did not give up and went to Hollywood. Walt realized that creativity and enthusiasm were not enough in the business world and then he went into partnership with his brother Roy and started what would eventually become the Walt Disney Company. His friend and previous business partner Ub Iwerks also came to Los Angeles and played an important role in the success of the company. †¢ Self Concept Walt Disney developed a philosophy that anyone who wants more success would do well to adopt. He was growing through self-criticism and experiment. He admitted that this is not a genius or even remarkable. It is the way people build a sound business of any kind, through sweat, intelligence and the love of the job. Thing that made him success was his ability to come at a problem from different mental perspectives. He developed three distinct mental methods and gave them name that is the Dreamer, the Realist and the Spoiler. o The dreamer represents unrestrained creativity that exemplified what he loved to do. Walt Disney saw the creative dreamer as the starting point for his success. He could never stand still when the ideas come. He might explore and experiment and never satisfied with his work. Walt Disney was motivated by creative achievement and was comfortable in an uncertain business environment. o The realist represents how he made ideas as a concrete reality. And he could be as hard-deaded as any accountant when do something. Walt Disney was aware about technology changed and he was ready to evolve with it. He thought that his business will grow with technical advances. And should the technology advance come to a stop, prepare the funeral and they need new tools and refinements. He was aware of the human factors that drove his commercial success. His success was built by hard work and enthusiasm, clarity of purpose, a devotion to his art, confidence in the future and above all, by a steady, day-by-day growth. o And the last but not the least, is the spoiler. Walt Disney was a critical thinker and perfectionist person. He needed to be because he knew his audience would see the errors from the cartoon movies. He never spared feelings because his interest was in product. If a fellow went off on his own developing an idea that had not been approved, he was asking for trouble, and got it. The spoiler critically evaluated the work of the realist and the dreamer. †¢ Cognitive and practical intelligence Walt Disney understood and embraced the process of change. He knew that in order to continue to progress and find success, he needed to be one step ahead of change. This was evident through his willingness to take chances on innovative technologies as they developed in his field. When others expressed concern over perceived risks, Walt was always optimistic and had faith in his convictions. †¢ Drive Integrity Walt offered the chance for his employees to attend art school, at his expense. Many of his animators took advantage of Walt’s offer, and as a result, their work improved greatly. They were enthusiastic about this opportunity and were grateful to Walt for taking an interest in their futures. Walt always shared his ideas and concerns with his employees. He believed that the company would work best in an environment where a company worked together in all aspects of the business. †¢ Emotional Intelligence Walt had a good Emotional Intelligence. His Relationship Management’s personality could bring him managing other people emotion. Walt worked hard to build relationships, especially with his employees. He wanted his employees to be happy and he worked closely with everyone in his company. One of the best examples of his willingness to develop relationships is evidenced by his eagerness to help his employees learn more about animation. †¢ Leadership Motivation Walt had a profound effect on the people he worked with. His particular leadership skill lay in convincing people they could do thing far above what they thought they could do. Developing talent for the future was Walt’s passions. He himself held evening classes to train employees, teaching his team to embrace the future and strive for perfection. The culmination of his ideas was realized in the creation of the California Institute of Arts, a project he believed would ensure a whole new approach to arts training. IV. Conclusion Coherence making is possibly the strongest leadership capacity that Disney possessed. He was constantly able to bring things together to stimulate conversation. Walt knew how to prioritize and focus his work as a result of his moral purpose. He exemplified all of the capacities needed to be considered a true leader. Perhaps the best example of Walt’s leadership is the fact that over forty years after his death, his company has continued to be a pioneer in the field of animation. After Walt died at the age of 65, his brother Roy promised that all of the plans Walt had for the future would continue to move ahead. As stated by Thomas in 1966, Mickey Mouse will continue to endear himself to children everywhere with his lovable antics, Donald Duck will go on delighting them with his squawks and flurry of feathers; and millions of people the world over will, in Walt Disney’s own words, â€Å"know he has been alive. † How to cite Walt Disney Biography, Papers

The Irony of Capital Punishment free essay sample

The Irony of Capital Punishment Capital punishment has been a part of our justice system since the beginning. For many years the controversy of the death penalty has created social issues that question the validity and fairness based on concerns of moral and human rights. Even though many other nations use this form of justice, the fact that the United States views itself as a leader of human rights brings question to whether we are practicing what we preach. Nevertheless, the majority of US citizens are in support of the death penalty but does that make it rational?In the following paragraphs I will discuss my opinions on capital punishment and talk about issues concerning the death penalty as a deterrent to crime, should it be abolished and whether should youths convicted of violent crimes receive the death penalty. I will also explain how the irony of capital punishment makes it an issue of ethics having that both sides of this issue have valid positions that will keep the idea th at as long as there is crime, capital punishment is here to stay whether we like it or not. One of the main purposes of capital punishment is to prevent other violators from committing violent crimes; yet and still crime rates remains relatively high in the United States. I feel as though when people participate in acts of violence, especially murder, the thought of some sort of extreme punishment is considered. In an article, The States and the Death Penalty by David C. Nice, he informs how conservatives feel severe penalties are needed to deter crimes and that liberals believe that some crimes are due to forces beyond an individuals control and can be rehabilitated.On the other hand, there are some criminals that do not care about the fate of their own lives and in some cases commit suicide after they have killed. Once this has happened capital punishment is no longer a deterrent but just another form of retribution. The fact is the death penalty is not an efficient way to deter crime and I believe saying that it does deter crimes is â€Å"sugar coating† the issue. We would like to think that if people knew they would be extremely punished for heinous crimes, violence would cease, but in a world with no remorse capital punishment is a solution to settle the score.My position on the death penalty is parallel to the majority of most citizens. I do believe that it is necessary in certain cases, but there should certainly be fairness across all margins to prevent specific groups, such as the poor and minorities, to not be subjected because of inadequate defenses. The article, The Death Penalty in the United States and Worldwide, from the text points out that â€Å"poor people cannot afford to hire the best lawyers, but must rely on court-appointed attorneys, who typically are overworked and underpaid† (pg 177). Also criminals who are proven to be mentally ill should be exempt.Other scenarios, however, call for the merciless alternative of justice; for example individuals involved in mass murders such as shootings, bombings and other terror attacks are a major threat to society and should be put to death. Life is so precious and valuable to me and someone with no regard for the lives of innocent people to easily kill is inhumane; therefore should not be able to walk this earth with mankind. I also feel that criminals who assassinate important figures such as the president should also get the death penalty. I do not feel the death penalty should be abolished mainly because it can deter acts of retaliation.Families of killed victims will always seek justice and the death penalty may be the only way they feel justice is served. Without capital punishment families may feel the need to put the law in their own hands. For those who are in favor of the death penalty feel that justice is practiced when people suffer for their wrongdoings based on the level of crime. Each criminal should get what their crime deserves and in the case of a murderer what their crime deserves is death. The degree of punishment in a given case must depend upon the brutality of the crime, the conduct of the criminal, and the defenseless and unprotected state of the victim. Imposition of proper penalty is the manner in which the courts respond to the societys cry for fairness against the criminals. Another case that supports capital punishment is the idea of â€Å"an eye for an eye† but to argue like that demonstrates a complete misunderstanding of what that Old Testament phrase actually means. In fact the Old Testament meaning of an eye for an eye is that only the guilty should be punished, and they should punished neither too lenient or too severely. It seems to me that the argument of â€Å"eye for an eye† I believe that it has more to do with vengeance than retribution or justice.The anticipatory suffering of the criminal, who may be kept on death row for many years, makes the punishment more severe than just depriving the criminal of life. Some believers in the death penalties see this issue as an undeniably efficient way to insure offender will not commit anymore crimes. On the other hand, many people dont think that this is sufficie nt justification for taking human life, and argue that there are other ways to ensure the offenders do not re-offend, such as imprisonment for life without possibility of parole. Although there have been cases of persons escaping from prison and killing again, these are extremely rare. But some people dont believe that life imprisonment without parole protects society adequately. The offender may no longer be a danger to the public, but he remains a danger to prison staff and other inmates and execution would remove that danger. On the other side of this ethical argument, just as many found reasons to support capital punishment. I found that the most important reason many oppose the death penalty is because of the strong belief in the value of life.Although some think that the death penalty is very necessary others feel as though life is so valuable that even the worst murderers should not be deprived of the value of their lives. Every person has an indisputable human right to life, even those who commit murder; sentencing a person to death and executing them violates that right (Brettschneider). This is very similar to the value of life argument, but approached from the perspective of human rights. The counter-argument is that a person can, by their actions, forfeit human rights, and that murderers forfeit their right to life (Brettschneider).For example when a very violent person begins murderous assaults on someone, they have given up their right to live simply because a victim also has the right to defend his/her self even if that means taking the life of the attacker. Thomas Aquinas, who was a medieval philosopher, gives and explanation of the need and legitimate use of capital punishment as follows: â€Å"Therefore if any man is dangerous to the community and is subverting it by some sin, the treatment to be commended is his execution in order to preserve the common goodTherefore to kill a man who retains his natural worthiness is intrinsically evil, although it may be justifiable to kill a sinner just as it is to kill a beast, for, as Aristotle points out, an evil m an is worse than a beast and more harmful†. Aquinas explains how a malicious act, such as murder, can be turned into a good act by killing to renovate the violation of justice done by the person killed, and killing a person who has forfeited their natural worthiness by killing another (Radelet and Borg). Another concern that non supporters of capital punishment argue is the possibility of sentencing the innocent to death.Great effort has been made in pretrial, trial, appeals, writ and clemency procedures to minimize the chance of an innocent being convicted, sentenced to death or executed. Since 1973, legal protections have been so extraordinary that 37% of all death row cases have been overturned for due process reasons or commuted (Ehrlich). Nevertheless our judicial system still is not perfect. Trial witnesses, prosecutors and jurors can all make mistakes. When this is coupled with imperfections in the system it is inevitable that innocent people will be convicted of crimes. Where capital punishment is used such mistakes cannot be put right. There is ample evidence that such mistakes are possible in the USA, 116 people sentenced to death have been found innocent since 1973 and released from death row. The average time on death row before these exonerations was 9 years (Ehrlich). As far as a deterrent to other murderers, likewise, the death penalty has proved a signal failure, as may be seen by comparing the criminal statistics of those countries where the punishment is in force with those of countries where it has been abolished (Rankin).It is also not the reason of this failure far to inquire about. Murders are almost always committed in sudden fits of passion or temporary insanity, when no contemplation of reason or self-interest can appeal to the doer. With that said, such uncertainty attends the consummation of the death sentence which is due to the natural hesitation and partiality to the mercy of judge and jury, to the chances of reprieve and comm utation that this penalty is far less deterrent than are those penalties which, though less severe, are also more certain. Finally, we have not answered the question whether there are not other and more effective deterrents. There are such deterrents, in comparison with which capital punishment is seen to be clumsy and unsuccessful in the extreme. Some non supporters of the death penalty also feel as though it is a waste of not only money but also resources. Although supporters of the death penalty would argue that capital punishment is more economically efficient than life in prison, it consumes the time and energy of courts, prosecuting attorneys, defense counsel, juries, and courtroom and correctional personnel.It disproportionately burdens the system of criminal justice, and it is therefore counterproductive as an instrument for societys control of violent crime. It epitomizes the tragic inefficacy and brutality of the resort to violence rather than reason for the solution of difficult social problems. From a Christian point, I feel as though capital punishment is synonymous to a denial of the divine nature of mankind. On what principles of religion or philosophy can we justify the policy of depriving a human being like ourselves of all possibility of reform?If we profess to revere a God of mercy and justice, and if we ourselves plead and rely on that divine mercy and justice, how can we reconcile it with our duty, as men created in the divine image, to dismiss in consequence roughly a fellow human being from our midst and send him into the presence of the holy being whom we have outraged? Surely it is our duty and our privilege to be the agents of divine justice and mercy, and to exert to the highest our god-given powers in the endeavor to assist our fallen brother to his feet.In a debate with such strong feelings on both sides, data is open to manipulation by parties wishing to influence public sentiment. Data such as that above seems to strongly favor the continuation of capital punishment since it makes an all or nothing correlation between the death penalty and deterring crime. Studies from t he other side of the debate counter these data stating that publicized executions did not have an effect on the murder rate but that it is naturally prone to statistical variation.In conclusion, although there are literally thousands of studies championing one side or another, even implicitly, it is difficult to get figures every group agrees upon. This suggests that greater public opinion research is needed as well as a greater and non-biased effort at data collection processes. While this is not meant to take sides it is worth suggesting that the debate about capital punishment is so divisive because it appeals so directly to emotion and personal feelings. As is the case in other arenas that instigate such strong sentiment (the abortion or stem cell arguments, for example) sometimes the facts are overlooked in favor of these moral internal ethical questions.