Major Legislations Law in Australia

Question: Describe about the Major Legislations Law in Australia. Answer: Topic 3 Australian Trust Law The major legislations in Australia have been found to be inspired by many laws which have been made and speculated by the English people, yet the Australian laws have still found a ways to be not only effected but also majorly monopolized by indigenous Australian laws which are often of small scale but tend to convert their parent laws. The Trust law found in Australia has been a key example of this scenario, whereas it was predominately found to have much resemblance in structure with the English counterpart, it has been uniquely formulated over the years by keeping in mind the family and tax laws in the country. This law has two different constituents which is crucial to understand in order to place a critical analysis of the commercial side of this law. Explanation of the general trust law The general law which has been applicable in the country explains two very different entities involved in this scenario, the trustee and the beneficiary. The trustee as defined by the law is a person of interest which is defined as legal interests in a property which has been marked as a trust property by the estate. The beneficiary in this law sense is a person who has interest in the property which is defined as an interest of equity. The law simply commences as that if any person has an interest which is both equity and remains to be legal as well than the overall measure would provide that the equity interests would remain prevalent whereas it would also be under the ambit of being legal[1]. The case where many contradictions often arise in the country and thus the practice of this law becomes more practical is that the equity is often given by family members within their own families by nominating a trustee. This alone giving of equity to the trustee now allows him to make decis ion for the property and hence endows him with power control, the law therefore states that the trustee should abide by the trust and not make decision which seem to be an over use of his power and become unjust but rather abide by the law. According the ASICs repot of 2010, there are massive loop holes in the financial literacy of people living in Australia. Moreover, there is a huge element of mistrust amongst the people which lead them towards breach in the trust deeds. There has been a similar case from United States in 1988 when Charles Balkin tried to breach his friend when they were looking forward to invest in a land property. His friend, Don was a quite sensible about the financial terms and conditions so he decided to make an agreement with Charles as a trust deed. But Charles refused because he knew that according to Australian Trust Law, if someone breaches the law or agreement, he or she will be liable to face the legal consequences. Power transfers When there are different amounts of legal property and large assets involved, the rise of greed often shadows many ethical and moral grounds of people. The Law of Trustees states that the trustee of any appointed state or property can only be changed and appointed by the appointer of the state which in easier words is the owner. In the cases where owners pass away without nominating any kind of trustee for their property, the law enforces in these cases that the new appointers automatically become the ones that are in legal matters and close to the deceased. The new appointers now fully gain the power of hiring or removing trustees of the company or property. The Australian however allows the appointers to officially nominate themselves as the trustee of the property but these cases are rare and hence they require the nominators to officially make valid gifting and declare in writing about their decision[2]. These circumstances have been fairly rejected in many states around the worl d unless the person of interests shows both a written form of paper or declaration which incorporates the mutual consent of all parties. The transfer however has been recognized as a very complex arrangement because of the tights laws regulated by statute of frauds. The law promulgates that the transfer of a property to a trustee by the nominator or owner can be made when the owner formally files a declaration of transfer which is defined as being only legal and not equity. The careful precession of these words represents different terms and can even manipulate the transfer in itself. The transfer of the property to the trustee has to fulfill another condition which is that the owner himself has completely fulfilled all jurisdiction and formalities which are in regulations of the statute of frauds. The overall haul in the entire procedures of these trust properties are often catalyzed by investment or the common cases of people becoming greedy. The property cases which have been emerging in the country since ages have involved many conflicts between the beneficiaries of the trust and the trustee[3]. Many people have over the years forgotten about how when they are appointed as the trustee of any properties, there are different facets and rules which a trustee must abide by. The first rule which comes into play after the appointment of power is that the trustee is ideally held liable for all the property and the loss of investment in that property, he has specific duties which need to be filled such as proper care of the property. The conflicts which many beneficiaries have with trustee even though of the situation that they hold equity in the property and the law basically ties the hands of the trustee, there are still some moral grounds and limitations to the equity holders su ch as many people often are unaware of the fact that what the trustee is actually up to when catering to the trust. There are no legal constraints which allow the trustee to release the official information to the beneficiary and the same case applies to the counterpart, these systems are solely operated on the basis of trust and effective relationship between both parties. The affiliations with becoming the trustee of any property require quick planning and the innate sense of responsibility towards the property itself. The case often arises when the property starts to lose its market value because of the influx of either real estate problems or the economic issue in the country, in these cases the entire responsibility depends on the trustee who has been appointed by the owner and he is completely liable to make suitable changes to the property which can make remedial action for these properties, these situation also can shift the property towards different companies as well as pr ivate company owners. Festivities involving trust properties When the family trusts are often discussed there are a number of different festivities that often get involved while considering both the beneficiaries and the trustees themselves. The discretional property trusts often work in different ways than other trusts found in Australia. The trusts have been idealized and initiated mainly in different families where members are elected to be either of the both discretional trustees or the beneficiary, the main line which divides these both of these entities is the sources of power and the capability of having different stakes in the trust property them. The trustee in these cases holds the most powerful wand of control of the property which has been given to him on the basis of legal terms, this makes them in complete control of the finances involved in the entire property and makes them even renting out or selling these properties to any other client. The Australian Trust Law restricts the discretional beneficiaries form benefiting only on the basis of their equity claims but rather they are restricted by the trustee themselves. The only fitting way which allows for the beneficiaries can benefit from their property while considering the existence of the trustee is that if the trustee only allows the beneficiary to benefit from all the finances involved in the property. This alone in power in these types of decisions is the law in the country which allows for these trustees to mutually benefit from the inheritance and also helps the trustees to become more easy and flexible in controlling the entire property. Many cases have spurned from different angles which have shown that many trustees falling into the ambiguities of controlling their own property which has been appointed to them with the law and hence have been known to be reported to the supreme court for further assistance, this has relinquished the trust of many people in the trust and therefore makes valid claims about how the trustee was officially appointed by the family can make initial decisions which might seem often ambiguous. In the years that have followed many steps have been taken into account of using the transfer policies which can maintain for the trustees while changing an appointing the new beneficiaries of the trust, this alone step has caused different problems in the properties as reported by many people, these problems which has caused new beneficiaries to compete for the new power control and this has led to many claims by both parties since the law provides the beneficiaries with equity and the trustees with the power of legal claims. Careful precessions have been taken into account when referring to the transfer of these properties to different owners under the discretion trusts and family rules. These problems have often causes many property owners in the country to resort to schemes which would allow for less harm on both the property reputation and the property investment plans in the country. Many people or how the law calls them as the nominators of the property have made attempts into making different private companies as the trustee of their properties, this not only intestates a positive step towards the property but also makes different accounts into solving out the dispute claims in these properties[4]. This has been made possible because the law states that when the commercial company owners are made the trustees of any properties the property becomes safe when the even the official trustee on the contract or lease papers passes away this still makes the companies to remain intact of the property and be the official trustee of the company because the company still remains under the same ambit of its existence. The only case which makes them difficult in different cases is when the company owners change but that still makes the company entirely liable to the trust property; however when the company however begins on the journey of either being completely void or being shut down. The nature of this condition than allows the company to openly make active decisions and resort to different means of hiring a new trustee for the property. The difference between companies operated trustee and the natural trustees of the residential sectors however yet defines other paradigms which can make the owners be on other verges. The natural owners or law appointed trustees can make the changes to the property until and unless they are held liable when they are alive, but when these trustees pass away the conflict often arises in the cases of unsafe properties or in the cases of properties where more than one beneficiary are in collaboration with each other. The applicable rule for the trust property still remains the same but however the principle of liability changes due to the fact of the trustee type. The main conflict between trusties often also arises when the property undergoes different issues such as the property being suffered a loss in its repute or income value. Thi s situations has been catered by the trustees themselves by altering the trust deed which puts the trustees in debt of investing all the trust funds which are received by them for the investment and betterment of the property, however many trustees have made the claims for altering this very clause by stating the reason that these property values often result in dead investment plans and often makes them incapable of appointing any other investors in this case. This law has however been refined to support the legal owners of these properties to make their trust funds investments in many other property options which give them the different opportunities to have other income supports. All these festivities involve different things in these property reviews and these cases have made different acquisitions over the years also involving the commercial side of these properties and in different cases when the trustees automatically become entitled to breach their own contracts and trust de ed while facing commercial investments and property investment plans[5]. Commercial property involving trustees The residential approaches to the trust properties depending on the laws and regulations narrate out a different story rather than the private and commercial ones. The commercial property owners however have different approaches towards these trust issues and can execute different variable law schemes between both the beneficiaries and the company appointed trustee of these companies. The hub of attraction between different things which has attracted many former new clients which are known as creditors and these people are also known as the third parties which are involved in the exercise of these trust companies to make different investment and expecting their financial charts to either boost up or probably go down because of the below explained reasons[6]. The reason why these companies known as creditors are involved in investing in the commercial trust properties is that these companies hold viable investment opportunities as well as the solicited owners of these commercial prope rties such as the trustee who is only liable in making the deal come true with the creditors whereas the official appointed beneficiaries of the company who can only benefit on all the profits earned by the company without having an entire legal say in which the company would operate. This allows the creditors to make decision depending on their liking and hence obtain these properties which are often none protected at a subsidized price which is comparatively much less than the official market of having other companies which are not under the ambit of trusts. There are different levels of different problems which can be affiliated with the nominating parties and the company owners which deal with these trust properties[7]. This makes the risk of having owned a debt incorporated company to the maximum limits because there are no official signs of these records of the company in the files or in any of the documents which have been made public to the audiences or the creditor company owners or different websites which the foreign investors might want to look up. These problems have been fairly narrated by different people in the past and have been dealt by the government in ways which are only prosecuted on the trustees self-morals of when he declares that the company which is being vested by these creditors is a trust owned company under a very viable trust deed. The official procedure for these kinds of interactions forms when the company is being invested by the creditors, the documents formulated often involve different things, one of th ese things involve the companys financial records and bank statements whereas the declaration of these companies as a trust unit or a non-trust unit with a trustee. This step is crucial in these transactions because it enables for the creditors in making active profit from the company without having to pay of the debts of the company or having to fulfill the mouths of all beneficiaries. Hence it is the moral code of conduct and the liability of any trustee to assure the creditors about the legal standing of the company so that the creditors may not suffer the loss of their entire investments[8]. When the cases arrive when creditors find out that the company which have been operated by these trusts have been filed for different debts possessions than the law permits the trustees to make different claims and their legal standings in the Australian court of law allows the trustees to simply pull themselves out of the matter by claiming themselves only the trustees and therefore this ma tter to be resolved by simply removing them because in the end they cannot control the assets of the financial matters of the trust owned companies. Further affiliations and problems The different impacts which can cause problems for the creditors when investing in these non-secured companies by the trust affiliations can cause different amounts of problems for these creditors[9]. The different cases of debts arrival however can be solved by the Australian law of indemnity which has been providing these trustees. The simple procedure of this clause makes it easy for the investors who have been involved in these companies as it allows that the trustee can access all the beneficiary assets of the companies which can provide the official amount which is needed to escape these problems, however these beneficiaries budgets can help to move the company towards prosperity and help the companies to solve out the issues however this only becomes possible when the trustees dont wish to use the assets to just pay off the debts of the companies whereas if in the cases of these companies many trustees have over the years been involved in the breaching of their trust deeds by actively participating them in the concept of using these funds for their personal issues and uses whereas by showing the company under debt. Breaching of the trust deed There are many reasons to why the trust deeds has been breached by different trustees of these commercial properties and hence when the company has been found to be under debt due to the actions of the trustees themselves, this further allows the official appointed beneficiaries of the company to sale the assets without the involvement of the trustee and this further allows the beneficiaries to modify the trust deed so that the remedial actions can be implemented and hence sort out the problems faced by the commercial company[10]. We have seen in the past when Brady Price, the owner of Brad Food Company in NSW tried to breach the term agreement of trust by stating that there are no debts on the property but at the time of selling the property, he found guilty for breaching the trust deed with the other party. Conclusion The overall conclusion of this critical analysis between the company and different trustee owners is that overall inclusion of these companies affiliated with trust promotes more risk than other non-trust companies, although the tangible benefits of acquiring these companies which are affiliated with trusts seem more profitable to the owners in both benefits and profit returns, This also allows for the company to deal in many other countries on different prices and the only efficient way of imposing this effective rule is that the imposition of a written proof of a companys statement of either being in a trust or not.

My Sisters Keeper Essay Example

My Sisters Keeper Paper Introduction, and Thesis: Preimplantation Genetic Diagnosis (PGD) to provide a genetically matched donor for an older sick child and to use the organs of the younger to the medical benefit of the elder is not morally justifiable using rule utilitarian ethical theory. This principle is not justifiable due to both the nature of the proposed rule regarding PGD and, primarily, to the nature of utilitarian ethical philosophy in general. Arguments Supporting Thesis: Rule utilitarianism is a moral philosophy holding that general rules for moral guidance should be developed that will act as an aid in making ethical decisions. For example, one such rule might by that one ought to keep promises. Given this general rule, when faced with a moral decision, an individual should look at the list of rules and see if any of these rules apply to the current situation. Using the above example, if the situation involves keeping a promise or not, then one should keep the promise. According to this philosophy, even if the consequences of a particular act of promise keeping are bad, the person behaving in accordance with the established utilitarian rule is morally not at fault. However in an attempt to establish a new utilitarian moral rule, each individual event will affect the attempt to establish a moral rule. We will write a custom essay sample on My Sisters Keeper specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on My Sisters Keeper specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on My Sisters Keeper specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This ethical theory requires development of rules of action based on the potential rules likelihood to bring about the most good for the most people. For the purposes of this discussion a reasonable rule would be: parents should use PGD to provide a genetically matched donor for an older child and use the expendable organs of the younger child to repair life threatening medical conditions of the older. For the sake of argument, this paper assumes that any procedures that would necessarily result in the death of the younger child would not be performed. For example, if the elder child needs a heart transplant, this rule could not be used to justify the death of the younger by removing the younger siblings heart and transplanting it into the elder. The suggested rule makes use of other, more fundamental utilitarian rules such as one shouldnt cause pain or one should prevent pain. Neither of these rules in itself is sufficient to establish the more specific utilitarian rule suggested in the preceding paragraph. To determine if this potential utilitarian rule should be adopted, some cases, using Picoults novel My Sisters Keeper as a springboard should be examined. The first case to examine is the simplest case. If the proposed rule proves inadequate for a simple application, it is unlikely that more complex, and more realistic scenarios will be adequately served by the proposed rule. The simplest case within this context would be the case originally conceived of by Kates parents, Sara and Brian Fitzgerald. In this scenario Sara and Brian had two children, the elder, Jesse, is approximately seven years old. His little sister, Kate is a about two years old when she is diagnosed with acute promyelocytic leukemia (APL). Since Jesse is not a compatible donor, her parents elect to use PGD to produce a genetically compatible donor as a potential solution for their daughters health problem. Initially, the younger daughter, Anna, is to be used to donate blood cells from the umbilical cord to provide needed blood cells for Kate. Theoretically, these cells would put Kates APL into remission and that would be the end of medical treatment. All three children would be healthy, have little or no memories of the procedure and the Fitzgerald family would live happily ever after. Does this scenario provide the greatest good for the most people? Although others are involved in My Sisters Keeper, such as the nurses, surgeons, and hospital staff, it is reasonable to consider just the impact of the Fitzgerald family. It appears that the most people have received the greatest good. Kate has her normal life expectancy back, Jesse now has not one, but two little sisters to tease and torment, while Sara and Brian have three happy, healthy children. It appears to be a winning situation for everyone. This scenario provides support that the proposed rule may be a viable utilitarian rule, at least in this simplified situation. Unfortunately, all the cases this proposed rule are to be applied to arent this simple. The Fitzgeralds experiences provide an example where the simple case doesnt prevail and the situation is complicated by other events. Initially in My Sisters Keeper, it appears the umbilical cord blood cells take at Annas birth have done the job. Kate goes into remission for five years. However, at this point Kates APL flairs up and lymphocytes are drawn from Anna three times and inserted into Kate. Again this appears to work for the short term, but ultimately, the procedure fails. For the next eight years the process is repeated over and over again; Kate becomes ill, Anna donates something which should help her get better, the treatment works for a while but then stops working and a new, more invasive and painful donation and treatment is attempted. The situation during this period is not so simple and clear-cut. In the process, everyone in the family suffers: physically, emotionally, financially, and/or socially within the family and outside the home. Both Kate and Anna suffer physical pain with each procedure. Jesse begins to act up in an attempt to get attention from both his parents. The relationship between the parents suffers as Sara becomes more and more obsessed about the physical needs of Kate. The family is not the happy unit anticipated in the simpler case. In fact, at the time of Anna filing the lawsuit for medical emancipation, the only good that has resulted is that Kates life as been extended for twelve or thirteen years. All of the benefits of the Kates continuing to live have come at the expense of the rest of the family and of Kate herself, who suffers considerable pain during the process. In these more complicated circumstances it is not so easy to determine the net good or the net harm. It is no longer so clear that a rule utilitarian imperative can be established to justify PGD and the subsequent harvesting of organs. As long as the medical procedure works, it is more easily justified on a rule utilitarian basis. When the procedure fails, the amount of good, if any doesnt appear to outweigh the amount of harm. This points out a fundamental weakness in moral rule utilitarianism as an ethical theory. It does not have much utility. First, calculating the potential harm and the potential good resulting from a proposed medical procedure is difficult, perhaps even impossible, to calculate. In the simple case, it is easy to calculate the net good because only two people are involved in the process: Anna the donor doesnt suffer at all, and Kate has her pain relieved for five years. It is clear that more good than harm results from the PGD, birth of Anna, and Kates used of the cord blood cells from Anna is a good thing on an utilitarian basis. However, with every additional complication, the calculation of net good becomes more difficult. When lymphocytes are drawn from Anna three times at the age of five, it is clear she feels pain and is at some amount of risk of life due to the use of general anesthesia. It is also clear that Kate receives some benefit from the donated cells. What isnt clear is how much physical pain Anna suffers and how much benefit Kate receives. There are no clearly quantifiable measures of pain. There are scales of pain used by physicians to try and measure pain, but they are estimations by the patient and extremely subjective. Suppose, to salvage the utilitarian principle, one were able to establish a unit measure of pain and relief of pain. Suppose Anna reports that she has pain at a level three for twelve hours for a total of thirty-six pain hours, level two for six hours for twelve pain hours and pain level one for 3 hours for three pain hours. This gives Anna a total of fifty-one pain hours. Presumably, on Kates side, if one assumes a one for one exchange of pain values between Anna and Kate, as long as her net relief of pain is greater than fifty-one pain hours the procedure is justifiable from a rule utilitarian point of view. This result is remarkably similar to the conclusion above in that as long as the medical procedure is successful, the performing of the procedure add credence to the establishment of a new moral rule. This is not a satisfactory moral principle. It fails to consider far too many aspects of the entire situation and bases the moral evaluation purely on the result. For example, as any medical provider knows from personal experience, sometimes people die regardless of the treatment they have received. In the above case, suppose that Kate, after receiving the lymphocytes, and despite the fact that the medical team is well qualified and performed the procedure in accordance with the best established procedures, dies shortly after the procedure. Autopsy and postmortem investigation finds no particular reason for the death. For all intents and purposes, Kate randomly dies when she was expected to live. According to rule utilitarian ethics, this procedure was a failure and should not be used to support a potential rule for future behavior and presumably should count against the potential rule. However this wasnt the fault of the procedure and, intuitively, shouldnt count against PGD and the subsequent use of donor tissues. A second objection to utilitarian rules is that it is unclear when a new rule becomes established. Except for fundamental rules which lack substance, such as truth telling is good, loyalty is good, promise keeping is good that are already established, when does a proposed rule have enough evidence to be a new moral imperative. There isnt a Governing Board of Utilitarian Theory (GOUT) that meets periodically and either approves or denies potential utilitarian rules of ethics. One wonders then if a utilitarian rule can ever be established beyond basic, fundamental rules such as those mentioned above. It is counterintuitive to think that an ethical rule can only be established when it has been tested a sufficient number of times. The whole point of ethical rules is to give people ethical guidance. If one is forced to rely on only the more basic rules such as causing pain is bad and relieving pain is good until the new rule has been established with sufficient data, one is often at a loss since such rules are extremely general and can be, and often are, contradictory. In the case of My Sisters Keeper to relieve Kates pain, Anna must be caused pain. This is essentially a wash that really leaves one with no answer at all. Objections that Rule Utilitarian Cannot Justify PGD: The biggest objection to the conclusion that rule utilitarianism cannot justify using PGD to provide a potential donor for a critically ill child is that if feels like one should be able to use rule utilitarianism to make this decision. One ought to be able to look at this issue and say yes it is moral to provide a potential donor for a child using PGD or no, it is not moral do so. If one cannot use rule utilitarianism to help make a decision what good is it? Response to Objection: That is precisely the point. Rule utilitarianism, in fact even act utilitarianism as well, is inherently flawed. Instead of looking at the entire issue of is it moral to perform an act it shifts the focus to will performing such an act result in a net positive value instead of dealing with the social issue the person who posed the ethical question, utilitarianism deals with an unwieldy ethical system of bookkeeping. This is unsatisfactory because it skirts the real issue. Human ethics is not bookkeeping. Results of an act are important in evaluating the morality of an act, but this is only one part of the entire equations. Equally important, and oftentimes more important are other factors that ought to be considered: motive of the people involved, capabilities of those involved and the rights of those involved are essential ingredients in making ethical decisions and rule utilitarianism makes no allowance for these vital concerns. In fact, it is the question of the rights of Anna Fitzgerald that is central to this novel. It is these other factors that are most revealing and the most interesting from an ethical and sociological point of view. Summary of Paper: Rule utilitarian ethics is unable to establish the rule that using a PGD child to provide a transplant source for an older, critically ill child. This is due to rule utilitarianism ethics not being a particularly viable ethical system. The unwieldiness of trying to calculate the net good or bad makes rule utilitarianism impractical. In addition, rule utilitarianism fails to account for anything other than the results which are a small, uninteresting part of any ethical dilemma. This bookkeeping approach to ethics is inadequate. A moral dilemma is not easily solved and is never solved without considering, the agent, the act and the reasonably expect consequences of the act. It is for this reason that utilitarianism cannot, in fact, justify itself as an ethical system.

Universal Healthcare is Moral Essays

Universal Healthcare is Moral Essays Universal Healthcare is Moral Essay Universal Healthcare is Moral Essay Universal healthcare can be defined as a healthcare system which employs a combination of health financing and service provisions to provide universal healthcare coverage to most members of a society. This definition of a universal healthcare is not binding. In fact, various definitions of universal healthcare do exist. The differences emanate from the fact that various universal health practices apply in different countries and the extent to which the system is put into practice does vary. As at today, universal healthcare is being practised in all industrialized countries except the United States. Since the German health insurance bill of 1883, which was part of Otto Von Bismark’s social legislation, universal healthcare has spread to many countries like the UK, Spain, and Italy. But the interpretation of the system varies in these countries. One common feature of the system in these countries though, is that their governments are actively involved in the functioning of the system. Access to healthcare services in these countries derives from citizen rights rather than insurance coverage. The case in the United States is exactly the opposite. In determining the morality of a universal healthcare, recourse can be made to Jeremy Bentham and James Mill ethical theory which states that â€Å"all action should be directed towards achieving greatest happiness for greatest number†. This theory is the theory of utilitarianism. How does this apply to the morality of a universal healthcare? In accepting morality as recognition of the desirability of good over bad, we can say that the greatest happiness for the greatest number represents good more than bad. No matter the side of the debate one is, the truth remains that universal healthcare will primarily extend the provision of healthcare services to more less privileged citizens of the Unites States. In that case, it is moral. Universal healthcare is also an example of a common good. The aforementioned statement is open to debate though. But a common good need not be beneficial to all. This perfectly supports the argument in favour of a universal healthcare. There exist a segment of the population who vehemently oppose the promulgation of a universal healthcare. Seeing no benefit for themselves, but since the majority will benefit, why do we not go ahead and introduce the system into our healthcare system? Even the scriptures support the existence of a universal healthcare. The scripture deifies the government as an arbitrary authority in matters of governance. If we practice democracy, then we should as well expect the leaders we voted for to promote our common good to care enough for our health. It is in the pursuance of such common good in the face of opposition that the biblical injunction becomes significant. A universal healthcare is thus moral. It is the right of all Americans and it is the job of the government to support this right. Is social justice moral? Yes. And universal healthcare is just one example of it. Social justice expresses fairness. It gives individuals and groups fair treatment and a just share of benefits. Same thing that universal healthcare stands for!. But the ride is not all that smooth. Antagonists of this system have argued that introduction of the system will spur many unintended consequences. They employ this theory of double effect concluding that universal healthcare will lead to a forceful demand for services even when such are very much unreasonable. The system, they say, will lead to avoidable court cases and that individuals might take no further interest in providing for their own health since they now have the right to demand for it anyway. The scripture has also been cited as teaching against the existence of such system as a universal healthcare system. It has been argued that the bible forbids the use of force in obtaining ‘things’ for ourselves. Universal healthcare is seen as such a ‘thing’ since the government will have to force all citizens and healthcare providers to comply. Another theory that has been employed in the argument against a universal healthcare system is the theory of emotivism. Antagonists argue that the campaign for the introduction of a universal healthcare is based on feelings rather than reality. They insist that the fact that the majority have that feeling does not necessarily mean that the system is moral. They believe that the decision on whether the system is moral or not should be based on a measurement of realistic projections rather than hinged on a plethora of emotions. The realistic projections, they say, will reveal that though universal healthcare might be beneficial to all, it is essentially immoral. Antagonists also argue that the introduction of the system will undermine the theory of ethical relativism. Ethical relativism dictates that what is right or wrong and good or bad is not absolute but variable and relative, depending on the person, circumstances, or social situation. Since universal healthcare is a mockery of the above concept, antagonists argue that it is immoral. Firstly, the theory of double effect does not really apply to universal healthcare. No matter the nature of the unintended consequences, the merits of a universal healthcare far outweigh the demerits. All good things do have a side effect. The side effects are not necessarily akin to a double effect. To dismiss a system that will be so much beneficial to the majority on the basis of an inappropriate double effect is in essence immoral. It is also a known fact that nothing goes for nothing,. Double effect is not a substantial reason to damn a universal healthcare system. Definitely a price must be paid for everything that will be of benefit to the society at large. Remember when there is no pain, there can’t be any gain. The theory of emotivism is also not strong enough to oppose the fact that a universal healthcare is moral. Antagonists argue that it is based on emotions instead of reality. This is not true. After all universal healthcare benefits the majority and this perfectly fits into the system of government (Democracy) and also supports Jeremy Bentham and James Mill ethical theory which states that â€Å"all action should be directed towards achieving greatest happiness for greatest number†. Since it is the happiness of the majority what is being solicited for, then the issue of unnecessary emotions is definitely avoided. Although ethics vary from one culture to another and there is no universal standard that can conclusively differentiate between good or bad, a universal healthcare system still expresses the common good with one voice, even among different cultures. Every culture, tribe, and even religion believes that health is wealth. The concept of universal healthcare can be easily understood among people of different tribes and ethical backgrounds. It is also true that the scriptures forbid the use of force. But the same scriptures vest an overriding authority in the government. The scriptures can be argued to understand that such issues as debates might arise especially when critical decisions that affect the common good must be made. In vesting such an authority in the government, the scriptures empower the government to make the right decisions no matter the stand of the opposition. This should not be interpreted as a use of force. Rather, it should be understood as fulfilment of a scriptural injunction. The argument that a universal healthcare is a form of force is weak and is not what the scriptures teach. Sometimes arguments or debates do come easy, especially when the other side have a hard case to prove. That universal healthcare is immoral sounds like a hard case to prove. The preponderance of theoretical and practical evidence supporting the morality of universal healthcare are so abundant while the supporting arguments for its immorality are essentially weak. The theories of utilitarianism, common good, social justice and scriptural teachings are strong enough concepts that cannot be dismissed with a wave of the hand. These supporting theories have been shown above to be strong pillars behind a universal healthcare system. If they do support the system, as has been shown, it seems to me the morality of universal healthcare system needs not be called to question again. It is time the united states dispel this fear of the unknown and introduce the system into our healthcare system. That the system is already in use in other industrialized countries with astounding benefits to citizens should also inspire our government to do the right thing. We should not aim to be wrongly different, but rightly so. Universal healthcare also draws support from different segments of our society. The support spans across racial, professional, gender, political and age divides. Such a monumental support should not be dismissed for the comfort of the minority. Universal healthcare. Wikipedia online encyclopaedia.. http://en. wikipedia. org/wiki/Universal_health_care. Definitions from www. answers. com Definitions from www. dictionary. com Doug Pibel, Sarah van Gelder. (Jul 19, 2006). Health Care: Its What Ails Us. yesmagazine. org/issues/health-care-for-all/health-care-its-what-ails-us John R. Battista, M. D. and Justine McCabe, Ph. D. (june 4 1999). The Case For Single Payer, Universal Health Care For The United States. Outline of Talk Given To The Association of State Green Parties, Moodus, Connecticut on June 4, 1999.

How to Get a Job with a Liberal Arts Degree

How to Get a Job with a Liberal Arts Degree Are you sick of people laughing when you tell them you’re majoring in Sociology or Spanish Literature? â€Å"Oh, ha, good luck finding a  job,† they say, or â€Å"I guess you want to teach, right?† That way of thinking is outmoded, and there’s no need to turn up your nose at a liberal arts degree. You just need to approach it smartly.  Check out the following graphic  that details all you need to know about following your heart when selecting a college major, where it can lead you, and how to find your perfect job even with a liberal arts degree.

Robbing people of the ability to see enormous opportunities directly Essay

Robbing people of the ability to see enormous opportunities directly in front of them - Essay Example In this way, three of the readings which have been engaged during the course of the semester will be utilized to prove that the current system of opportunity and potential that exists for the individual within the United States is ultimately divorced from the reality, which t is oftentimes associated with such terms as the American dream. In such a manner, it will be the goal of this author to prove to the reader why the United States, in its present form, promises a hopeless situation for many participants within its society. Although it is not hard to disagree with such talking heads as Rush Limbaugh, the point that he made with regards to disagreeing with the overall level of potential and opportunity that exists within the United States was yet another example of some of the ridiculous things that he has said during the course of his career. What Limbaugh said was the following: â€Å"Such an understanding robs people of the ability to see the enormous opportunities directly in front of them†. ... ay engage with are necessarily far different than the level of potential and opportunity that a lower class or desperately poor individual would have to leverage/draw upon. Taking the case of â€Å"The Lesson†, the reader can instantly note that the narrator of the piece effectively differentiates society into two distinct groups: those that escape desperate poverty and those that continue to struggle with the painful realities of life defined by want and hardship. Such a difference is shown with regards to some of the conversations that take place near the shop windows that exhibit goods that the girls have never seen before, nor have any idea how they should be utilized. Junebug says in her conversation with Big Butt and Miss Moore, â€Å"’What’s a paperweight?’†¦Ã¢â‚¬â„¢To weigh paper with dumbbell’†¦Ã¢â‚¬â„¢Not exactly, it is used to weigh paper down so it won’t scatter and make your desk untidy’†¦Ã¢â‚¬â„¢I don†™t even have a desk’† (Bambara 267). This difference with regards to the way in which different cultures exist and experience life in different dimensions helps to show the fact that the opportunity that exists for one given socioeconomic class and the opportunity and reality that exists for another are entirely different. As a means of further highlighting such a truth, Barbara Ehrenreich’s piece entitled â€Å"Serving in Florida† underscores the economic realities that exist for those individuals that have not had the fortune of receiving a college degree or making a career in any other way. Seeking to perform research with regards to how individuals at the very bottom layers of the socioeconomic chain seek to make a way for themselves, Ehrenreich sets out to engage in two minimum wage jobs at 60 + hours a week just as a means to provide for herself. The

Mobile Computing and Social Networks Essay Example | Topics and Well Written Essays - 2500 words - 1

Mobile Computing and Social Networks - Essay Example Quite a few market research studies also forecast a new internet revolution on mobile phones. Some of the new smart phones are more powerful than computers and operate in the ‘intimate’ space, accompanying people throughout the day (Arora 2012: 1). The convenience and capability to access data or do certain tasks with the help of applications from homes or any other public place using mobile devices even without a desktop computer has ensured a considerable increase of convenience and efficiency for businesses and people on the move The smart phone technology research and development wing has become very active in recent years and is improving day by day. Mobile networks are also creating phones that are increasingly better and tougher to intrude into or hack thus correspondingly increasing the capability of mobile devices and its applications. Effectiveness and Efficiency of Mobile Applications: A simple way to describe geolocation is to say that it is a technology that requires data from a computer or mobile phone to pinpoint a person's actual physical position. A better and succinct definition that could be used is as follows: â€Å"A geolocation system is an information technology solution that ascertains the location of an object in the physical (geo-spatial) or virtual (Internet) environment. Most often, the object is a person who wants to utilize a service based on location, while maintaining his/her privacy† (ISACA 2011: 5). This has caught up among today’s youth and social networking sites which they commonly use by providing us the ability to track or let friends know where we are, to identify certain or specific joints frequented by them and book tickets in cinema halls. These types of applications can also be accessed on a desktop system but will not be the same as when available on a mobile device. Most individuals have invariably used Google Maps to get directions from one place to another but again the thrill of using s uch an application from a mobile is unique. Depending on your movement from one place to another, the data sent and received will also change. This is possible due to the GPS (Global Positioning System) chip found inside the device. This chip uses two methods to track your position. In the first method, the chip uses satellite data to calculate a person's exact location but if there are any snags like interference or unavailability of service, then the chip uses data from cell phone towers to calculate location. If the person is driving through rain, cloud cover or even a canopy of trees, there could be a loss of communication but on a clear day, there should not be any problem. Here we should also note that if the software is very sophisticated, the accuracy provided will also be of high quality. Light should also be shed on some concerns regarding this type of application. Sharing of location could lead to personal risk. Anti-social elements like stalkers or even robbers who know that you are out may take advantage of situations. Although all these exist, many application developers are finding ways to counter such disadvantages by providing privacy preferences. If one chooses wisely, the benefits from such an application far outweigh the negative effects though it necessitates a small amount of privacy sacrifice from our side.

E-Business and Intellectual Property Essay Example for Free

E-Business and Intellectual Property Essay Patents need to be protected in order for a company to have an advantage in a very competitive market. The Internet revolution has seen a massive increase in the long distance purchases made by consumers, as geographical barriers is no longer as important as they were. Protection is needed for those businesses who conduct business in ways other than in person. A type of industrial property protection can basically be called patents. This type of protection is used to stimulate the innovation and design of new technology. It basically protects the investments made to develop new technology. Patent protection is usually given in terms, mainly about 20 years. In the article E-Boom or E-Bust? Business Method Patent and The Future of Dotcommerce, the authors argue that State Street Bank v. Signature Financial Group caused a rush upon the U.S. Patent and Trademark Office (PTO). The evidence clearly supports such an argument. Before this State Street Bank business methods were unpatentable due to a judicial exclusion of methods of doing business. However, the court in State Street Bank, laid this exception to patent law to rest in 1998 stating that data structures encoded in computer memory constitute patentable subject matter (Marsden Huffman, 2000, p. 18). This had to cause a rush on the PTO. A whole new area of commerce had become available to patent protection; a rush would be the only term sufficient to define the number of patent applications that would descend on the PTO. The authors next argue that the Internet explosion also was affected by the courts finding in State Street Bank. The Internet revolves around commerce. Most sites have a way of generating money, whether producing revenue is from one-stop-shopping or advertising. Many of these sites have used or will use business methods that are patentable because of the State Street Bank decision. Companies only gain when they patent their internet business methods. The third argument concerns the value of the patent. According to Marsden and Huffman,As long as the patent applicant does not overreach by seeking claims so broad that they ultimately render the patent invalid in view of the prior art it can pursue broader and stronger patent rights under the new paradigm  of business method patenting than it would previously have expected (p. 19). They argue that a valid patent has three forms of value. The first form is offensive. This allows for the enforcement of a patent against infringers. If one has the power to make another stop use of an invention, it has control over that invention. The second form of value is defensive. Thus, it deters others from using invention, because of the patents existence. And the third form of value created by a patent is value in the financial market. Companies are better able to find financial backing when they are legally able to protect their property. The clearest support of the financial market theory is based upon the fluctuation of stock prices based on valid patents gained or patents lost due to invalidation. The fourth argument the authors address is the benefits and drawbacks of the broad patent rights. Clearly, the owners of a patent have a benefit. Others believe that broad business method patenting creates a burden on free commerce. The criticisms fall into one of three categories: patents in these fields will create barriers to commerce and innovation that outweigh the purported good of such patents; patents are being issued for trivial or obvious advances, or that are clearly anticipated by prior art; and PTO patent examining resources are inadequate to police the patenting process properly. The PTO responded to the criticism by making reforms that some feel will not change a thing. They have required such things as additional training, a new training manual, and special training as to prior art. The authors think to determine the benefits of these changes are too soon. They also believe that the area is too important to wait for public policy debates to determine the answer. The PTO must continue to issue patents while the answers are found. Then the PTO can make appropriate adjustments. The State Street Bank decision changed the way patent lawyers viewed business methods. Before, a lawyer would not even consider a patent application for a business method. But after 1998, business methods became patentable. This had to change the way patent law was practiced and the number of patent  applications made to the PTO. This argument naturally flows into Internet applications. It seems natural that patent law should provide protection for those holding patents. After reading this article, the three ways that a patent provides value for the holder, seem clear. It gives one the right to sue for infringement, provides others notice they have the patent, and turn an intangible idea into real property. The authors do not take a stand on whether they consider the current patent laws to be a benefit or a drawback. I personally think that the most benefit can be gained by over-granting patents rather than turning down patent applications. I would rather the PTO grant a patent, and it later be invalidated due to prior art, than it be denied out of hand. I suppose this argument essentially creates a company policing policy. But it would be necessary to sue if a company needed use of the patented invention. In areas such as business methods and software where changes occurs everyday, I think that there would probably be an alternative method. Companies would have to determine the importance of the invention to them, before they decided to sue. Patent law provides protection to E-business for their website operations, interfaces, financial management, transactions, and advertising. For an E-business to jeopardize its ability to file for a patent is not very easy. Obtaining a patent and reasons for obtaining one is a process that has to be very clear and precise. The E-business has to show just cause and information in order to obtain the patent. Reference: Marsden, W.J. and Huffman, J.A. (2000). E-Boom or E-Bust? Business Method Patent and The Future of Dotcommerce. Pp. 18-22, 28-29. Retrieved on February 28, 2008 from http://delawarebarfoundation.org/delawyer/Volume18_Number4_Winter2000-2001.pdf