Should Evolution be Taught in Schools Essay - 759 Words

Evolution has been taught in all public schools for as long as many can recall. Though the process of evolution is not the only theory, schools have been teaching it as if it is the complete truth, ignoring other aspects and only focusing and targeting on Darwins theory of Evolution. However, there are still many other ideas that the students should be informed of as well because all are theories, all are hypothetic. Teaching of the evolution theory have yet to be proven reliable and confirmed by all scientists, thus it should not be taught in schools and should be left for students to wonder and discover by themselves. Teaching of evolution has several issues. One of the main issue is that it is unfair to some students with a†¦show more content†¦422.,. If Darwins theory is confirmed to be unreliable and false in later generations, what would have the society been teaching students? It would all be lies. Not teaching the theory would eliminate chance of spreading one of th e largest myths in the history of the Earth. Speaking from scientific view, Darwins theory has many loop- holes, according to Charles Darwin, according to Darwin himself might sound better (nwcreation.net)†¦I am quite conscious that my speculations run beyond the bounds of true science†¦.It is a mere rag of an hypothesis with as many flaw[s] holes as sound parts.† Charles Darwin to Asa Gray, cited by Adrian Desmond and James Moore, Darwin, (New York: W.W. Norton and Company, 1991) pp. 456, 475. It violates the Law of Themodynamics, which state that energy cannot be lost or gained, only transformed different types of energy. However, the big bang theory of Darwins Evolution guess is that the Earth suddenly gained a huge burst of energy that created life, which is complete paradox of the Law. Since the Law of Thermodynamics is approved by all scientist while--which the Evolution/ Big bang theory is still in doubt, this would make the theory of Evolution unreliable and possibly false. Evolution is one of the less perfect solutions to explaining theShow MoreRelatedEvolution Should be Taught in Schools Essay678 Words   |  3 PagesEvolution and Creationism are both fact and theory but the question is which one should be taught in schools? Only a few school distracts have approved the teaching of evolution because it has more senitific evidence than creationism to prove that it is true. According to a new Gallup poll, just 39% of Americans believe in evolution. The Gallup polls also show that those Americans with higher education believe in the theory of evolution as opposed to those with only high school diplomas. The pollsRead MoreShould Intelligent Design and/or Creationism Be Taught Alongside Evolution in Public Schools?641 Words   |  3 PagesThere are many controversies in courtrooms about whether or not should intelligent design should be taught alongside evolution in public schools, which has been going on for a great amount of years. Intelligent design is the idea of natures changes cannot be a random process, but a type of guidance must have lead to why nature is the way it is in today’s era. In most cases, that specific guidance is God. God has created the world for a purpose. Creationism is the same idea as intelligent designRead MoreCreationism vs. Evolutionism in Public Schools1538 Words   |  7 PagesCreationism vs. Evolution in Schools: 1st Affirmative Constructive Speech Creationism and Evolutionism by definition are very different topics. Currently, evolutionary naturalism is the most widely taught view of origins in America. In schools in the modern day, only evolutionism is taught and condoned. But before the 1920s, only creationism was taught, and evolution was forbidden. Then, on February 20, 2008, the Florida State Board of Education voted to revise the public school guidelines to requireRead MoreCreationism Isnt Science but Belongs in Schools Essay849 Words   |  4 PagesCreationism Isnt Science but Belongs in Schools The origin of life has been a point of discussion for as long as history has been documented. Ancient Egyptians believed that the sun god Ra took another form, created land from a watery abyss and created everything, including gods and humans. The Iroquois, a tribe of Native Americans, told a story of god to human lineage that resulted in twins, one being evil and one being good. The good twin creates a picture perfectRead MoreA Number Of Years About Evolution And Creationism1592 Words   |  7 PagesThe Gallup organization has asked three questions for a number of years about evolution and creationism. Question one: Do you think God created humans pretty much in our present form at one time within the last 10,000 years? Question two: Do you think we developed over millions of years from less advanced forms of life, but God guided this process, including our creation? The third question: Do you think we have developed over millions of years from less advanced forms of life, and God had no partRead MoreEssay on Creationsim vs. Evolution794 Words   |  4 PagesCreationsim vs. Evolution For a long time school administrators, teachers, parents and even students have argued for and against the teaching of either creation and/or evolution. Evolution has been taught in many public schools for generations because of the scientific methods and support it has as a scientific theory of how we as humans came to be. Many religions hold different views of how humanity as we know it was created and these people believe that students should be able to hearRead MoreThe Scopes Trial And Creationism1053 Words   |  5 PagesCreationism and Evolution have always been a topic in America since the Scopes Trial. The Scopes Trial took place in 1928 when the Supreme Court was deciding whether schools should teach Evolution or Creationism. The foundation of evolution is based upon the belief that the origin of all ordered complex systems, including living creatures, can be explained by natural laws without the intervention of God. In that trial the Supreme Court came to a conclusion that Evolution was banned and that creationismRead MoreCreationism : A Theory Of Primordial History1585 Words   |  7 Pagesand debated phenomena in the history of education is that the hypothetical concept of evolution which can be considered as a theory of primordial history, moreover with the belief of creationism. Both have had an astounded impact in the framework of contemporary education should or should not be taught in the public classroom. Evolutionists and Creationists both have their reasons why their beliefs should be taught in the public classroom. The matter of the fact is that both of these are consideredRead MoreEvolution Of Science Classes At School1653 Words   |  7 PagesBeing raised in a Christian family, I have attended Catholic school my whole life. That being said, I have grown up studying Bible stories since before I can remember. Probably the most prominent and well-known of these stories in Christian theology is, of course, the story of creation. To this day, I still remember how the story goes. On the first day, God created the earth and daylight. For six days after, he continued creation and included the sky, the ocean, plants, animals, and humans. GrowingRead MoreA Case Against Evolution Of Public Schools1082 Words   |  5 Pages A Case Against Evolution in Public Schools Evolution is the most popular theory currently taught in public high schools, and is widely accepted as a sound scientific concept to teach. However, it is equally true that many disagree with evolution and many of its concepts as an explanation of the origin of life on our planet, and it is thus my opinion that evolution should not even be taught in public science classes, as it is not scientifically sound, nor should be a part of a wide variety of concepts

The Fall Of The House Of Usher - 1612 Words

The second message of Poe s The Fall of the House of Usher is that moral disintegration should necessarily lead to destruction as a sort of mundane punishment. Usher blames himself for burying his sister before death so he expects punishment. One conclusion to be drawn from the final scene is that Roderick dies of fear. Madeline appears in her coffin and rushes upon him and he falls to the floor a corpse. Symbolically Madeline is just a physical embodiment of Roderick’s fears and punishment. With Roderick s death, the bloodline of the family falls and the house collapses all at the same time at the story’s conclusion. The house could be thought of as a third member of the Usher family: Roderick, Madeline, and the House. Hoeveler states that the house itself is like a self-created grave, wherein Roderick â€Å" literally walls his abjected self/his ‘sister’ into.† (Hoeveler 394) Louise Kaplan sees that there is an ambiguous relationship between the destruction of the house of Usher and the moral order. It appears to her that there is an incestuous relationship between the twins and this means moral disintegration. So such destruction of the house and death of the twins can be an attempt to preserve the moral order. (Kaplan 52) Poe makes death and decay frightening because he reveals them to be the hidden destiny of everyone and everything. And this leads to the third message that death is the truth we all fear. The general and only message transmitted in all of Poe sShow MoreRelatedThe Fall Of The House Of Usher1243 Words   |  5 Pagesâ€Å"The Fall Of The House Of Usher:† The Mysterious Family In the story â€Å" The Fall of the House of Usher† by Edgar Allan Poe, has an American romanticism with its characters. Edgar Allan Poe is considered a Dark Romanticism because of the way he writes his poems and short stories centered around the concept of evil human nature, darkness, and death. Roderick and Madeline Usher were said to be related during the middle of the story; they were twins. It explained how they were sick, Roderick had a mentalRead MoreThe Fall of the House of Usher700 Words   |  3 Pages â€Å"The Fall of the House of Usher† is a classic horror story written by Edgar Allen Poe. Edgar wrote descriptively through the physical setting, the first person point of view, and the uniquely dynamic characters. These elements worked together to create suspense and kept the readers curious. The first fiction of element begins in the very first paragraph. The unknown narrator described the day as a â€Å"dull, dark, and soundless day in the autumn of the year†¦Ã¢â‚¬ . The setting while the narrator wasRead MoreThe Fall of the House of Usher1239 Words   |  5 PagesA young man ran away from a heap of ruins. He had witnessed the death of his best friend and his home but he ran away as it happened. At the moment, all was silent and not even a squeak could be heard. But if a house collapsed in the middle of a forest, and no one was around to hear it, did it make a sound? With such wonders, death, and darkness also come the work of Edgar Allan Poe. Edgar Allan Poe is known as a literature legend. He wrote many complicated horror and detective fiction stories, whichRead MoreThe Fall Of The House Of Usher856 Words   |  4 PagesThe Fall of the House of Usher and House Taken Over In Edgar Allan Poe’s â€Å"The Fall of the House of Usher† and Julio Cortazar’ â€Å"House Taken Over† the short stories represent the genre of Gothic Literature. Gothic Literature is a genre that combines fiction, horror, death, and romance. Some of these traits are seen in both of these stories through characters and settings. However, there are other traits that set them apart. To begin with, one of the major themes in both of these stories is fear. InRead MoreThe Fall Of The House Of Usher1285 Words   |  6 Pagesâ€Å"The Fall of the House of Usher† has been noted as one of Edgar Allan Poe’s most famous short stories. The story begins when the narrator arrives at the house of his friend, Roderick Usher. Roderick is ill and has been living his life deeply reclusive. His sister Madeline suffers from a sensory disorder and is considered to be dead. The narrator attempts to comfort Roderick and alleviate his melancholy by reading a story that appears to foreshadow later events. In this story, Poe provides his audienceRead MoreThe Fall Of The House Of Usher1727 Words   |  7 PagesFate’s Influence in â€Å"The Fall of the House of Usher† Depressing imagery, confrontation of death, and the intense madness humans are capable of are all themes integrated into Edgar Allan Poe’s stories. The psychology of the human psyche prompted him to create the complex tales that made him famous. Poe’s story of obsession and the power of suggestion is beautifully written through the narrator’s tale. In â€Å"The Fall of the House of Usher†, the characters portray the self-manifesting development of one’sRead MoreThe Fall Of The House Of Usher1133 Words   |  5 Pagesthe story â€Å" The Fall of the House of Usher† by Edgar Allan Poe, has american romanticism with the characters. Edgar Allan Poe is considered a Dark Romanticism because of his poems and short stories centered around the ideas of evil human nature, darkness, and death. Roderick Usher and Madeline were that kind of person in this story; they were twins. There were sick; Roderick had mental disorder and physically and Madeline wa s physically sick. As the narrator enters the desolate house, he finds bothRead MoreThe Fall Of The House Of Usher2041 Words   |  9 Pagesfact that he makes a smooth transition from symbolism to allegory in his writings. Edgar Allan Poe uses a more gothic style of writing that gives his science fiction literature unique character. One of Poe’s more popular stories is â€Å"The Fall of the House of Usher† in which he uses deep symbolism and imagery to tell the story. Although both short stories portray critical use of allegory and symbolism, it is based upon opinion as to which story is the more superior. â€Å"Young Goodman Brown† is more superiorRead MoreThe Fall Of The House Of Usher888 Words   |  4 Pages Edgar Allen Poe’s short story The Fall of the House of Usher was very captivating. Once I began reading the story I couldn’t put the book down till I was done. I believe the protagonist in the story was Roderick Usher. I always assumed a protagonist to be heroic in some way. Roderick Usher’s character, however, was not heroic. Usher was not only a hypochondriac, but he was a mentally and physically sick man. I have no doubt that a lot of his mental and physical maladies sprouted from yearsRead MoreThe Fall Of The House Of Usher1651 Words   |  7 PagesRomanticism/Transcendentalism Essay Edgar Allen Poe’s â€Å"The Fall of the House of Usher,† Nathaniel Hawthorne’s â€Å"The Minister’s Black Veil,† and William Cullen Bryant’s â€Å"Thanatopsis† illustrate several Romantic and Transcendentalist (and anti-Transcendentalist) traits. All of these authors are regarded as very important and influential Romantic writers. Their works are renowned all across the entire world. â€Å"The Fall of the House of Usher† is a Gothic short story written by Edgar Allen Poe, which focuses

Charitable Trusts in Ireland free essay sample

One of the most significant changes made by the Charities Act 2009 came in s. 39 of that Act, which established a ‘Charities Regulatory Body’ to regulate charities. Case law still largely defines ‘charitable purpose’. The main advantage of being classified as a charitable purpose trust is that many of the disadvantages which would apply otherwise can be avoided; the rule against perpetuities doesn’t apply (although the trust must vest in a perpetuity period); the rule against having non-human beneficiaries can be ignored; and certain tax exemptions accrue. The case of Christ’s Hospital v Grainger was the case in which it was held that a gift over from a charity to a charity isn’t subject to the rules against perpetuities. The Cy-Pres jurisdiction of the Courts allows them to get involved to monitor charities so if their purpose changes or the charity comes to an end it allows orders to be made about the property so that it is used for a purpose as similar as possible to the purpose of the original charity. Definition of ‘charity’: The old legislation in this area didn’t set out a definition, but the preambles set out examples of what might be considered charitable purposes; the Courts expanded this definition based on ‘the spirit of the preamble’. There are four categories of charitable trusts set out in Pemsel’s Case by Lord MacNaughton. These are trusts for: 1)The relief of poverty; 2)The advancement of education; 3)The advancement of religion; 4)Other purposes beneficial to the community. There was always a difficulty with the fourth factor given its possible very wide scope. Therefore the 2009 Act sets out a list of purposes that are encompassed in the fourth category in s. 3(11) (e. g. protection of the environment). In Ireland and England, in order for a trust to qualify as ‘charitable’, it must not only serve one of the above purposes, but it must also serve the public benefit, and pass the ‘public benefit test’. The list is not intended to be exhaustive. In England they have s. 2 of the Charities Act 2006 to define charitable purposes. The 2009 Act includes e. g. voluntary work, urban regeneration, advancement of art, culture heritage or sciences etc. hich are clearly very broad categories. Trusts for the Relief of Poverty: The obvious questions raised by this category are how poor must the beneficiaries be, and how many of them must there be. In this context, ‘poor’ is a relative term; in the Re Colthurst case, it was said that in this context, poverty doesn’t mean destitution, but instead the idea of people having to go short having regard to their status. This case concerned a trust for the benefit of orphans and widows of bank officials who were in poverty. In the case of Re Segelman, a trust in favour of ‘needy relatives’ was upheld as being charitable; it was acknowledged that most of the members of the class weren’t affluent but needed help from time to time. However, the Court did limit the number of beneficiaries here, since the class was not to be closed until twenty one years after the testator’s death, and although at the time of death there were only twenty six individuals in the class, in twenty one years it would expand greatly, and the Court found that it cannot have been the intention of the testator to give gifts to after-born issue. In the Histed Article, the author is particularly critical of this wide definition of ‘poor’, as it means that the Courts have come close to saying that an occasional problem of expenditure exceeding income qualifies someone as ‘poor’, which is not a good approach. It should be noted that these trusts must benefit a class of individuals, as if they benefit named individuals they qualify as private, and not charitable, trusts. In terms of the ‘public benefit test’ in the context of this category, the test has been reduced â€Å"almost to vanishing point† according to Hanbury, because of the advent of poor employee and poor relative cases. The case of Re Scauisbrick concerned a small class, which were the needy relations of the testator’s sons and daughters. Lord Evershead said that the cases concerning ‘poor relations’ can be justified on the grounds that the relief of poverty, no matter whose poverty it is, is an altruistic act and is thus of public benefit. In the case of Dingle v Turner, a trust had been established to benefit the poor retired employees of a firm. The House of Lords upheld this trust as charitable, with Lord Cross saying that a class of over six hundred individuals was not too small to qualify as a charitable trust. However the issue with this case was that the issue of the definition of ‘poor’ wasn’t addressed. The important thing therefore when setting up a charitable trust for the relief of poverty is to benefit a class, not individuals. Issues with the area are still the fact that ‘poverty’ is ill-defined, and the public benefit test is not rigidly applied. The advent of the Charities Act 2009 has altered the position in Ireland in relation to poor relatives and employees cases, since it specifies that trusts will not be upheld as charitable where there is a close connection between potential beneficiaries and the testator; this close connection includes where they are close relatives and employees, and so in Ireland it is doubtful that such trusts will be upheld in future. Trusts for the advancement of education: The concept of what is ‘educational’ in order to qualify a trust as legally charitable has often been debated. In England there are two possible approaches. The first can be seen in the case of Re Shaw, which concerned the will of George Bernard Shaw. It stated that the trustees have to provide for research inter alia into the advantages of reform of the alphabet. Harman J stated that â€Å"if the object be merely the increase of knowledge that is not in itself a charitable object unless it be combined with teaching or education† so the gift was not upheld. The second can be seen in Re Hopkins Will Trusts a more expansive interpretation of ‘education’ was put forward by Lord Wilberforce. A gift to a society to help them search for the Bacon-Shakespeare manuscripts was held to be valid. Lord Wilberforce disagreed with Harman J saying that the word ‘education’ should be extended beyond teaching, although he did accept that research of a purely private matter would not be educational. In this jurisdiction in In re the Worth Library Keane J commented that he felt the approach in Hopkins was a lot more reasonable. This case concerned a library in a hospital. The Court rejected the idea that it fell under the category of educational as only three people had access to it and so this is taking this beyond the already liberal meaning. However, it was still upheld as charitable as it was adjudged to come under the fourth Pemsel category of other purposes beneficial to the community. The case of Oppenheim v Tobacco Securities Trust Co. Ltd concerned a trust for the education of children of all of the employees and former employees of a company. This case was a very important one in clarifying the public benefit aspect of charities for the advancement of education. It was held that the trust must fail because the distinguishing quality of the class of beneficiaries was a relationship with a named propositus, and they were not a section of the public per se. This has been a heavily criticised decision. It was noted by Lord Cross in the later Dingle v Turner case that the motivating factor behind the decision might be the ‘undeserved fiscal immunity which would be the result of finding charitable status’. Quite possible this issue will be reassessed in the next appropriate case. The case of OConnell v Attorney General concerned a trust to give money to the male descendants of the testator’s brother to obtain professions (through university education). It was held not to be charitable, because it clearly failed the public benefit test, nor could it be upheld even to a limited extent as it breached the rule against perpetuities as no beneficiary may have been alive at the testators death, and they could stay in education ‘to obtain a profession’ as long as they wanted, and there was no limit to the number of them there could be. In Magee v Attorney General High Court a broad approach towards the meaning of education was taken by Lavan J. Lavan J stated that the activities carried on in the local community school which largely consisted of the running of self-help groups must be deemed educational in nature. Trusts for the advancement of religion: This is a very complex and uncertain area, dealing with such a sensitive issue. Section 3(4) of Charities Act 2009 provides that â€Å"it shall be presumed, unless contrary is proved, that a gift for the advancement of religion is of public benefit’. Section 3(5) provides that Charities Regulatory Authority can’t make a determination that gift for advancement of religion is not of public benefit without the consent of the Attorney General. Section 3(6) provides that a charitable gift for advancement of religion shall have effect and shall be construed in ‘accordance with the laws, canons, ordinances and tenets of the religion concerned’. Finally, section 99 provides that a person who sells mass cards other than according to an arrangement with recognised persons shall be guilty of offence. Gifts to ecclesiastical office holders: The important distinction to draw in this area is that a gift for the benefit of the incumbent of an ecclesiastical office for the time being is charitable, while a gift to the particular individual who happens to hold that office will not be. In the case of Gibson v Representative Church Body, a bequest to the chaplain of the Rotunda Hospital and his successors was upheld as charitable; however, a bequest in a codicil to that same will for the chaplain’s personal benefit was not charitable. In Donnellan v ONeill a bequest to a cardinal absolutely and for his own benefit was held to be a gift to him in his private capacity, and thus not a charitable gift. The test was described by Kindersley VC in Thornber v Wilson as being whether the testator designates the individual as such, or as being the person who happens to fill the officeâ€Å". Gifts for the celebration of masses: This was a particularly common area of benevolence in Ireland over the centuries, and thus there is a fairly large body of case law concerning it. It is certainly a charitable purpose, and was designated as such by s. 45(2) of the Charities Act 1961, but it is an area which for a long time provoked considerable uncertainty and controversy. Historically the legal principles applicable differed considerably between England and Ireland. The question of the charitable nature of the gifts for the saying of masses, and whether it was necessary to specify that they be said in public, was resolved by the Irish Court of Appeal in the case of OHanlon v Logue. Here, a testatrix devised and bequeathed her property on certain trusts and then on trust to sell it and invest the proceeds and pay the income thereof from time to time to the Roman Catholic Primate of all Ireland for the time being for the celebration of masses for the repose of the souls of her late husband, her children and herself, the will containing no direction that these masses be said in public. The Court of Appeal upheld the charitable nature of the gift and made it clear that a bequest for the saying of masses, whether in public or not, constituted a valid charitable gift. This decision has been followed on a number of occasions, and the issue was put beyond any doubt by the enactment of s. 45(2) of the Charities Act 1961. In England, the law in this area was clarified by the case of Re Hetherington. Here, Browne-Wilkinson VC confirmed that gifts for the saying of masses are prima facie charitable, since it is for a religious purpose and contained the necessary elements of public benefit because in practice the masses would be celebrated in public. While he stressed that the celebration of a religious rite in private would not contain this essential public element, the Vice Chancellor made it clear that where either construction was possible, the gift was to be construed as one to be carried out only by charitable means (i. e. celebrated in public). Trusts for the Other Purposes Beneficial to the Community: Examples of the types of charitable purposes were set out recently in the new Charities Acts, which is a new departure. Prior to the 2006 Act in England and the 2009 Act in Ireland, this was regarded as a residual catch-all category. Interpretation of what it meant varied over the years. There were two main approaches. In the Attorney General v National Provincial and Union Bank of England case, the point was made that not all trusts beneficial to community are necessarily charitable, and you also have to show a charitable purpose, which is quite a rigid approach. A more flexible interpretation of this point was applied recently. In the case of Incorporated Council for Law Reporting for England Wales v Attorney General, it was suggested that the purpose of the trust possibly fell under education as well as the fourth category. Russell LJ held that if a purpose is shown to be of sufficient benefit to the community, it is prima facie charitable; here it was held to be so by the Court of Appeal. This was a much less strict approach, which made it easier to qualify. A case which is helpful in setting out the scope of this area is the Northern Irish case of Re Dunlop. It should be noted that in England and Northern Ireland, the 1st category of poverty relief included the purpose of ‘help of the elderly’ with it, as happened in this case. It involved a request to found a home for elderly Presbyterians; the Court concluded that this was a charitable purpose, and the fact that the beneficiaries were only allowed to be Presbyterians didn’t negative the fact that this was still of public benefit. The judge seemed to be taking view that it’s actually quite difficult to qualify under the 4th category, and made obiter statements that to qualify, there should be no limitations to the gift that would prevent the public as a whole from benefiting. Therefore, in this fourth category, the public benefit test seems to be tricter than in any of the other categories. Is the test for ‘public benefit’ objective or subjective? The Courts in Ireland have generally held that it is subjective, with due weight given to the viewpoint of the donor, provided it is not illegal or immoral, while the Courts in England and Northern Ireland have held it’s an objective test. In the important Irish case of Re Cranston, Lord Justice Fitzgibbon and a majority of the Court of Appeal held that it should be a subjective test, based not on the view of the judge, nor on general public opinion. Instead, the benefit must be one the founder believes to be of public advantage, but it must be rational, and not contrary to law or morality. In the English case of Re Hummeltenberg, a gift was made to a College for the training of Mediums, which was held not to be a charitable purpose. The Court looked at the Irish case law, but said that it should be a matter for the Court to decide, which is an objective approach. The Irish approach was reaffirmed in the case of In re the Worth Library. Important legislative changes took place with the coming into force of the Acts†¦s. (11) lists purposes ‘a’ to ‘l’ under the fourth category, but it is not an exhaustive list. It included two factors which hadn’t arisen in case law: the protection of the natural environment; and the advancement of environmental sustainability. It contains no mention of the advancement of human rights after much debate on this topic during its drafting, especially since this is a factor in the English equivalent of this legislation, which contains these factors in s. 2(2). Subsection (h) in the English legislation discusses human rights. A purpose included in the English Act, but not in the Irish Act, is (g), the advancement of amateur sport, which is proving very controversial. The areas mentioned in the Irish Act are: (a)Gifts for the elderly and sick: In the case Re Robinson a gift for people over the age of sixty five in a certain area, was upheld as charitable; (b)Gifts for the sick and hospitals: In the case of Re McCarthy’s Will Trusts, Budd J upheld as charitable gifts to a charity promoting trips to Lourdes for sick people. An important Supreme Court decision was given in Barringtons Hospital v Valuation Commissioner, in which a hospital sought to challenge the loss of its exemption from ratings tax, saying it was charitable. Kingsmill Moore J said that these trusts are charitable, and it didn’t matter that the hospital charged some people. In the case of In re the Worth Library, the library facilities were only available for three people, but Keane J said it as still charitable because it gave them a haven in which to relax, and that meant the whole hospital benefited. (c)Gifts for sporting and recreational purposes: In Common law jurisdictions, gifts to promote a sport are not charitable usually, but providing general recreational facilities can be charitable sometimes. In the 1950’s in England, the Recreational Charities Act was introduced, which deemed as charitable recreational facilities provided in the interest of social welfare; this legislation spawned many cases. In Guild v IRC, a testator left a gift to be used in connection with a sports centre, and the House of Lords said that this was a charitable gift; they said that the facilities for recreation did improve people’s quality of life, even if the people who benefited were not in a position of relative social disadvantage. There was a Northern Irish decision along same lines in Springhill Housing Action Committee v. Commissioner of Valuation, in which a community centre was upheld as charitable. There was only one Irish case until recently which was Shillington v Portadown UDC, where it was held that it was a valid charitable gift to give money to the local council to build facilities to encourage healthy recreation. In the relatively recent case of National Tourism Development Authority v Coughlan, there was a gift to a golf club, but this was for the promotion of a particular sport, and so was not charitable according to Charleton J, who held that the more exclusive the enterprise, usually the less likely it is to have as its sole purpose the betterment of society in general. d)Gifts for the benefit of animals: The case of Armstrong v Reeves concerned a gift to a charity for the abolition of vivisection, which was regarded as a charitable purpose under the fourth miscellaneous charitable purpose; this case was decided in the late 19th century. The issue was seen again in the 1940’s in the National Anti-Vivisection Society v IRC case, but here the House of Lords performed a balancing exercise, and said that the benefit to humanity outweighed the cruelty to the animals, and thus the purpose of the trust was held not to be charitable. e)Gifts for political purposes: It has long been established that a gift for an existing political party is not charitable; in Re ni Brudair, a gift to the benefit of ‘Republicans to advance their cause as it was between the years 1916 to 1920’ was too vague, and the Court said that it had a political objective and thus was not charitable. There is a grey area in the area of human rights. The case of McGovern v Attorney General is an important one in this area. Here, Amnesty International was trying to set up another organisation to promote human rights in other countries through diverse political means. The Judge said that this new organisation couldn’t be charitable because they were going to try to achieve their goals by changing other countries’ laws. He said that using such methods could not be charitable. This approach has been criticised because it constitutes a very broad ban on any donations to political organisations constituting charitable gifts. This decision had also been criticised in the Hanbury and Martin textbook, since it introduces double standards, as existing charities already campaign for political change, but ones seeking charitable status to do so cannot; this is an inconsistent approach.

Positivism Essay Example

Positivism Paper Positivism is a theoretical and methodological approach in contemporary criminology. Positivists believe that human behavior is shaped by biological, psychological or social factors and forces. These factors and forces are called individual pathology which deter the decision-making and control ability of an individual and results in behavioral problems (White Haines, 2003). To extend to legal definition, crime is defined as individual pathology to obey law and to conform to moral consensus of the society. Positivism approach in criminology examines the trait distinctions between offenders, rather than on the criminal acts as the focus of analysis. Also, positivism determines how these differences predispose a person towards criminality (White Haines, 2003). Positivists believed that these traits observed can be diagnosed and treated by dealing with and removing the factors and forces that cause the offending behavior to occur. Rather than punishment, positivism directs toward the treatment of offender as a response to crime (White Haines, 2003). The study of positivism is to classify and quantify human behaviors to uncover the causal relations between deviants traits and the committed crime. Therefore, positivism is a scientific approach in the criminal justice system. We will write a custom essay sample on Positivism specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Positivism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Positivism specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Psychological positivism Positivism concerning with psychological factors induced behavior is called psychological positivism. The consequences and impact of individual trauma are psychological factors which provoke behavior problems (White Haines, 2003). These psychological factors hinder the cognitive development in decision making, social understanding and moral reasoning. Thus, people with psychological problem are potential to commit in crime as they are unconscious in doing so (White Haines, 2003). Based on psychological positivism, criminals are associated with one of these psychological theories: psychoanalytic, behavioral, cognitive and physiological theory (Senna Siegel, 1990). The following will explain these theories by the case of man rape against woman. (a) Psychoanalytic theory Psychoanalytic theory was developed by Sigmund Freud (Senna Siegel, 1990). He believed that the personality arises from a conflict between three interacting systems: id, ego and superego (Senna Siegel, 1990). Id is unconscious energy that strives to satisfy instant gratification, it operates on the pleasure principle. Superego incorporates the moral norms of the society that how one ought to behave. Ego is conscious part of personality that satisfies the ids desires in ways that realistically bring pleasure rather than pain. It operates on the reality principle and struggles to reconcile the conflict between ego and superego. Psychoanalysts believe that law violators may suffer from personality disorder which is caused by damaged egos or superego (Senna Siegel, 1990). The personality disorder is self control inability which denoted that the capacity to repress urges is diminished. Criminals seek immediate gratification of wishes without consideration of right and wrong or the need s of others in the absence of self control. Humans are impulsive and anti-social in nature, they learn to aside to law through the system of self control. Low self control is consisted of incapability of defer gratification, lack of perseverance, and preference for risky and physical behavior (White Haines, 2003). To relate rape with self control theory, rape is seen as a gratification from sexual provocation. Mens sexual drive is aroused by womens dress, presence or movements. The drive is power and is so overwhelming to control (Vogelman, 1990). Men have no choice but to rape for a surge of excitement. As Groth and Birnbau (1979) argued, rape is not a symptom of mental illness but of personality dysfunction (cited in Hall, 1995: 74). Gottfredson and Hirschi (1990) argued that child-rearing is critical to the development of self-control (cited in White Haines, 2003: 47). Family which lack of harmony, emotional warmth, and mutual acceptance promote the development of delinquency. Parents in these families treat the child aggressively or overly strict. Child abuse and neglect are also found in these families (Friedrich, 2003). Through such experiences, children learn aggressive behavior via modeling and perform similar reactions in the future. Warrne, Hazelwood and Reboussin (1991) reported that 76% rapists had experienced some sort of sexual abuse when they were children (cited in Hall, 1995: 75). These abuses include physical penetration or coercion to watch sexual act by assaults who were their family member or known assailants such as teacher, neighbor or friend (Hall, 1995). (b) Behavioral Theory Behavioral theory believes that behavior is determined. It is learned from others or through experiences. Human beings learn from daily observations (Senna Siegel, 1990). For example, youth exposed to aggressive, antisocial behavior on television and movies are likely to copy that violent behavior. Similarly, reading pornography laced with violence causes people to commit to rape. Laboratory researchers have claimed that media exposure on sexual aggression such as violence, degrade and humiliate against women encourage sexual offends (Howitt, 1998). It have been found that the majority of rapists to be of average or above average intelligence, educational level and income. However, they have inability to form or maintain emotionally intimate relationships with others (Hall, 1995). In fact, antisocial behavior can be induced by social disability such as deprivation or discrimination. Also, when people are unable to attain what they desire, they become frustrated and their potential for aggression is increased (Vogelman, 1990). Physical acts are often the quickest way to express anger or stress to diminish the inability and impairments (Conley, Luckasson Bouthilet, 1992). Groth and Hobson (1083) defined rape as a sexual expression of aggression against women (cited in Howitt, 1998: 91). This can be illustrated by anger rape. Anger rape involves physically force than necessary to overpower and damage the victim to obtain sex. Abusive, obscene and degrading languages are accompanied with anger rapist to express their hostility (How itt, 1998). This indicates that rape cannot be understood in terms of sexual desire alone. (c) Cognitive theory Cognitive theory focuses on how people process and store information. A child may do what is right simply to avoid punishment. The same person will do what is right to avoid hurting others in later life. This is called moral reasoning (Senna Siegel, 1990). Moral reasoning determines the perception one acquired. Perception dominates people behavior. Moral reasoning also endeavor one to obey law on behalf of their social responsibility and to identify the perspectives, feelings or thoughts of the others (Murphy Clare, 2003). Based on these theories, criminals are probably to have faulty perception and information processing as they are unable to think logically in the system of axiom. Axiom is the causal relationship of if and then, that is the impact of criminals behavior (Conley, Luckasson Bouthilet, 1992). Senna Siegel (1990) suggested that criminals are significantly lower in their moral judgment than non-criminals as they have limited insight into the motivations and character istics of others. They perceive other people as more aggressive than they are. Undoubtedly, they are more likely to be vigilant and suspicious. When criminals attack victims, they believe they were actually defending themselves (Senna Siegel, 1990). For male rapists, women are percept as sex objects and they believe that women are not worthy of respect since men are more competitive in the sphere of sexual relations. Rapists are unable to identify the equality between the two sex roles. The expression of mens masculinity is demonstrated in power rape. As Groth and Birnbaum (1979) stated, The intent of the power rapist is to assert his competency and validate his masculinity (as cited in Hall, 1995:76). Power rape is driven by fantasy. The power rapist projects his own desires on the victim, thereby interpreting her resistance as a facade of non-compliance. The rapists are exited by pain and suffering of the victim (Murphy Clare, 2003). The dehumanization of women reflects rapists inconsideration on others. The power rapists use language of instructional as to express conquest against women. (d) Physiological theory Physiological theory is the identification of the psychopathic personality (Senna Siegel, 1990). Psychopathic personality is caused by physical abnormality in the autonomic nervous system (ANS). The ANS mediates internal activities such as heart beat and blood pressure when associated with emotions. The physical abnormality can be caused by genetic and biochemical factors. Therefore, psychopathic personality is predisposed innately and is unaffected by socialization. Psychopath experiences lower arousal levels to stimuli and react differently from the normal. Therefore, it is possible that psychopaths are thrill seekers who engage in high-risk, antisocial activities to raise their general neurological level to a more optimal rate (Senna Siegel, 1990). Criminals are potential psychopaths who devoted in risky activities. As Freud developed, libidinal energy is internalized in particular zone of human, these zones are oral, anal, phallic and genital. These zones will evoke a feeling of pleasure when they are stimulated (Vogelman, 1990). Therefore, it is possible for men to have biological drive for sex. Moreover, As Gebbard, Gagnon, Pomeroy and Christenseon (1965) stated, In many mammals, coitus is preceded by a physical strugglethe physiological by-products of excitement and exertion is the increased heart rate, increased breathing, muscle tension, the greater supply of blood to the body surfaces, etc (cited in Vogelman, 1990: 39). Men rape not purely because of lust and lack of sex, but to facilitate sexual arousal. The arousal is obtained from the struggle of woman to produce a sense of excitement (Vogelman, 1990). Treatment As mentioned previously, the response of crime in positivism concentrates on treatment rather than punishment. Offenders who seem to have personality problems will undergo a psychological evaluation examined by forensic psychologists and psychiatrists (Senna Siegel, 1990). These professionals worked within the criminal justice system to assess the possibility of personality disorder. They also assert appropriate treatment to criminals according to their degree of deficiency. Treatment for rapists seeks to identify the causes of their deviant behavior, and to cure them by changing their thinking processing. Treatments for rapists include psychotherapy, behavior modification and biomedical therapy (Hall, 1995). There are three forms of psychotherapy: relapse prevention, cognitive therapy, and victim empathy. Relapse prevention is based on the belief that an event such as emotion and behavior are prior to rape, rapists are asked to identify the preceding events so that whenever the event appear they can consciously terminate their offensive behavior (Hall, 1995). Relapse prevention is the exercise of self control utilization. Cognitive therapy indoctrinates a moral perception to rapists that it is necessary to rationalize and justify their own offensive behavior (Hall, 1995). Victim empathy enables the rapists to empathize with his victims, thereby gaining recognition of the lasting impact of his action. In this therapy, rapist reenacts the rape from the perspective of a victim (Hall, 1995). A new moral reasoning system is constructed from this torture experience. Behavior modification is done by arousal control (Hall, 1995). It makes use of adverse conditions to control unacceptable behavior. For example, a rapist is assigned to be exposed to a scene which depicts a violent sexual encounter. If he is sexually aroused, he might receive a series of electrical shocks or might be subjected to an offensive odor (Hall, 1995). The purpose of the treatment is to cause the rapist to respond adversely to the thoughts of sexual violence. Thus, behavior is reformed. Biomedical therapy involves the use of drugs in conjunction with other forms of therapy. Drugs are used as a form of chemical castration that results in suppression of the manufacture of the sex hormones, testosterone. It may also use to suppress inappropriate fantasies and compulsive behavior (Hall, 1995). Offensive behavior can be removed. Psychological positivism as legal defense mechanism In criminal justice system, a voluntary act, the actus reus and a mental element, the mens reas are required to condemn someone to be guilty (Murphy Clare, 2003). The mental elements include the cognitive development and psychiatric conditions of the offenders. The cognitive development contributes to the ability to identify existing problems and formulate an effective way to solve the problems (Murphy Clare, 2003). If the development is interrupted, the offender is claimed to be no intention for their acts. Likely is the psychiatric illness sufferer. The criminal law recognizes these abnormal mental conditions of a person not to entirely responsible for their actions as intent for the commission of crime is negated (Senna Siegel, 1990). The mental state of unconscious is used as a legal defense mechanism. If a person is declared insane when they were committing crime, a judgment of not guilty by reason of insanity (cited in Senna Siegel, 1990) is entered. The person is then held in an institution for the criminally insane until found to be sane and eligible for release (Senna Siegel, 1990). Offenders can escape from punishment liked incarceration. Besides, involuntarily intoxication under duress or by mistake may also be an excuse to refute the crime committed. Even though voluntary intoxication can lessen the degree of crime because the defendant can prove they were lacking of critical element for mental intention (Senna Siegel, 1990). For example, a judgment may be decreased from first to second-degree murder. The defense mechanism in respect to psychological positivism is being criticized as it spurs crime as it releases criminal offenders. Criminal justice system is thus unjust. Conclusion The willingness of time and money consumption to investigate psychological positivism indicates that policymakers ascertain that personal trait is a contributing cause of criminality. Nevertheless, there are critiques in psychological positivism. Since positivism is a science, it is inaccessible to the general community. Power is centered in the hands of forensic psychologists and psychiatrists with their specialized knowledge (White Haines, 2003). Debate was also found on the efficacy of criminal profiling. Psychological positivism brings suspicious people into innocent criminals simply because they match certain personality traits (White Haines, 2003). In contrast, psychological positivism allows crime to be prevented by early intervention such as pre-school program to enforce discipline to children. Psychological positivism tends to construct a more harmonic society for the future.

The eNotes Blog 3 Places to Find the Help You Need on eNotes,Free

3 Places to Find the Help You Need on ,Free Its almost time to head back to class. Are you ready? Make sure youre set for school with help from ! In this post, were covering the 3 best areas of   to find the help you need with your upcoming classes. Even better: most of the help you find on is completely  free to access. Check out our refresher course below and be prepared for Fall! Dont have an account yet? Sign up here today to create your free account and start searching for expert answers. 1. Annotated eTexts Did you know that hosts over 900 texts online in our eTexts section? From poems to plays, short stories to biographies, weve got hundreds of works that teachers commonly select for assigned reading and which you can read on your computer or mobile device  for free. You dont even have to buy your next assigned novel if you dont want to! Whats better than an entire library at your fingertips for no cost at all? An entire library of  annotated  eTexts. Over the past year, educators have been working hard to provide you with expert annotations on some of the most challenging works of Literature. From Dickens to Shakespeare and everything in between, theyve written comments on important words and passages to help you better understand what youre reading. To read these annotations, hover your cursor over any highlighted words found in any Annotated eText. A comment will pop up explaining the significance of those highlighted words. Annotations could cover glossary definitions, analysis or background informationjust one way that helps you to study smarter. 2. Homework Help Homework Help is the busiest section of , putting students in touch with real teachers and expert assistance. You probably already know that you can ask a question here, but did you know that has more than 250,000 answered questions to search through? Your answer could already be ready and waiting to be discovered. Just type your keywords into the search bar on the Homework Help homepage  here  to find what youre looking for. Looking for questions and answers on one specific work? Thats easy too. Just go to the study guide page for the work, for instance  To Kill a Mockingbird  here, click on More in the top row of links, then select Homework Help. This will take you to a page that displays only the questions and answers for that book. Homework Help isnt just about asking questions, its about finding them too. And searches are always free! Find the answers youre looking for  here. 3. Study Guides Stumped by a difficult book? Do you have the answers you need, but not enough scholarly resources?   study guides  are here to help your every need. Our guides explain in easy to understand terms the characters, themes and plots of thousands of literary works. On top of that, theyre also crammed full of scholarly sourcesarticles you can actually cite in your essays. Other online guides would never be acceptable on a works cited page. But at , we connect you with critical essays from published literary critics  and  show you how to turn those ideas into A-grade papers with advice on suggested essay topics. Everything you need to ace your English class is right  here. study guides are open to subscribers only, but membership costs as little as $4 per month, with special deals on offer all the time. Head to our subscriptions page  here  for more info and to sign up for one month, one quarter, or a full year of expert help and great grades, with a 100% satisfaction guarantee. With , heading back to school is a breeze. Let us help you study smarter and get the grades you deserve this Fall by using our eTexts, Homework Help, and study guides.

The different kinds of Technology being used in business Research Paper

The different kinds of Technology being used in business - Research Paper Example This is the reason, majority of companies are ready to spend huge amount of their capital on R&D (research and development). Technology and the Internet have had a profound effect on service marketing (Bitner, Brown & Mueter 2000). In an increasingly networked world information of varying quality is being aggregated for business use. Senior managements course of action is clear: (a) view; (b) manage and (c) deliver information as a competitive weapon. Information technology (IT) change is all-pervasive or ubiquitous. Consequently it is important that employers engage in change process in thoughtful ways–respecting and holding to ideas and practices of the past that have enduring value while also attending to emerging ideas and necessary changes in practice. The changes now experienced are no one-time affair. All business organizations must expect accelerating change and continuing efforts for renewal. Gildea (2005) explained that it is not getting people to learn C++ but trying to figure out how to do things all the time and differently. As another example of the technology-attachment linkage customers buying online often rely on a limited set of mediated channels that regularly lack the actual interactivity needed to effectively make purchases and address customer service questions. Similarly employees considered traditional office staff or more virtual workers rely extensively on various mediated channels that may do more to provide information overload than actually facilitate meaningful connections with other aspects of the organization. (Wolff, 2005, 29) Today the Internet is used for a wide variety of purposes including email surfing the World Wide Web chatting in chat rooms doing research and retrieving information games gossip and more. The impact of the Internet appears to be widespread with a large number of companies striving toward an e-business (i.e. business conducted over the

The Business Perspective of the Apple Company Term Paper

The Business Perspective of the Apple Company - Term Paper Example The brand value of the company is incomplete in today’s world. Effective use of technology provides the company with brand recognition, enabling it to stand out among its competitors. The collaborative work of its employees has paved the way for the success of the company, which follows a collaborative work culture. Apple Inc. is recognized as the biggest start-up in the world, formed by the efficient hands of Steve Jobs. There are frequent team meetings in each department in order to discuss the current business scenario, and the company values and encourages the participation of its team members in the decision-making processes. Apple has a reputation of valuing individuality and excellence that help in the company’s decision making (Apple Inc, 2012). Products/services and geographic scope Formerly named Apple Computer Inc., the company is an American multinational corporation which specializes in the design and sale of electronic goods and high-technology personal co mputers, along with computer software. The best-known products of the company are the Macintosh series of computers and the iPhone. In 2007, the company shifted from offering only computers towards making and selling consumer electronics. In terms of market capitalization, it is the largest public limited company. The company manages its business on a geographic basis, with five operating segments, in America, Japan, Europe, and some other regions. The operating segment offers similar hardware as well as software products (Datamonitor, 2009:3). Competitors Apple Inc operates its business in multiple industries, the main one of which is personal computers. Apart from this, the company produces software and consumer electronics. In the personal computer industry, Apple’s main competitors are IBM, Hewlett Packard, Dell Inc. etc. In the consumer electronics industry, the main market competitor is Samsung, which has a similar type of product on the market; Apple has also been faci ng competition in developing countries. Apple’s direct competitors are Google, Microsoft, and RIMM (Research in Motion Limited).