Sunday, October 13, 2019
Does Rape Justify Abortion? Essays -- Argumentative Persuasive Topics
Does Rape Justify Abortion? Ã Ã Ã Rape is a horrendous crime, leaving a woman in a state of mental, physical, and emotional turmoil. When a woman becomes pregnant as the result of rape (which happens less than 1 percent of the time), abortion will not take away the trauma, the nightmares, the pain -- but it may add to them. Ã According to a survey conducted by Dr. David Reardon of the Elliot Institute in 1990, the psychological complications of abortion include guilt, nervous disorders, nightmares, and memory loss (over 100 psychiatric reactions in all). Additionally, if there was a pre-existing disordered state (like rape), abortion may cause a worsening of psychological functioning. Ã Because of problems with our justice system, rapists often walk free without punishment, while the child conceived in rape may suffer the ultimate injustice - death. Abortion supporters have argued for abortion in cases of rape at the expense of the emotional, physical and mental stability of thousands of women, as well as the lives of children. Ã By the way, in every one of the 56 countries that now have abortion on demand, the initial step taken by abortion-rights activists was the intense lobbying for abortion in the so-called 'hard cases' -- fetal deformity, rape and incest. Ã The basic question to ask yourself is: "Is there a victim involved in abortion?" There are many who say that there is not, that the preborn child is just a mass of tissue, a part of the woman's body. If this were the case, then no one would have any reason to oppose abortion any more than they would oppose tonsillectomies or appendectomies. Ã But is that the case? Developments in the science of fetology have given us greater... ... Collins, V. J.Ã Principles of Anesthesiology. Philadelphia, PA: Lea & Fabiger, 1976. Hamlin, H. "Life or Death by EEG." Journal of the Amedos. Medical A's',, 1W12/84, p. 20. Hooker and Davenport. The Prenatal Origin of Behavior. Kansas: University of Kansas Press, 1952. Noonan, "The Experience of Pain, New Perspectives on Human Abortion." N.p.: A1etheia Books, 1981. p.213. Reinis, Stanislaw and Jerome M. Goldman. The Development of the Brain. Springfield, IL: Charles C Thomas Publishers, 1980. Rockwell, P.E.,M.D. Director of Anesthesiology, Leonard Hospital, Troy, NY, U.S. Supreme Court, Markle vs. Abele, 72-56, 72-730, 1972. P.11 The Silent Scream. Cleveland, OH: American Portrait Films, 1984. Tanner, J.M. and G.R. Taylor, Time-Life Books. Growth, New York: Life Science Life, 1965. p.64.
Saturday, October 12, 2019
Claude Debussy and Ludwig van Beethoven Essay -- music, composer, clas
Dmitri Shostakovich, a 20th century Russian composer and pianist, once said, ââ¬Å"A creative artist works on his next composition because he was not satisfied with his previous one." Is this why composers can compose many pieces in such a short life span? Take Claude Debussy for example. He composed 141 pieces even though he only lived for 56 years. And what about the great Ludwig van Beethoven? He composed 138 pieces although he only lived for 56 years and despite the fact that he began to lose his hearing at the age of 29. But how do these two great composers have the inspiration of writing song after song without running out of ideas? Well, the appropriate word to describe all of this is ââ¬Å"influenceâ⬠. Of course, Debussy and Beethoven had their own trademarks in the music world but they do share some similarities in their works. Many people know that Debussy and Beethoven composed many great classical works but they did compose some ââ¬Ëjazz likeââ¬â¢ works over their music career. Noted composer, scholar, and educator Gunther Schuller wrote an article entitled ââ¬Å"Jazz on Classical: Classical on Jazzâ⬠. In this article, he mentioned that jazz musicians of today and yesteryear have been attracted to works by classical composers and have drawn upon the inventive usage of harmonies employed by classical composers, including Debussy and Beethoven. Debussy had a profound impact on contemporary soundtrack composers such as John Williams because Debussy's colorful and evocative style translated easily into an emotional language for use in motion picture scores. Unfortunately, Gunther Schuller did not follow Beethovenââ¬â¢s influence on todayââ¬â¢s jazz artists. He did not write more about his influences toward jazz (Schuller,2013). One thing that bo... .../www.poets.org/poet.php/prmPID/2013. Last accessed 23 Oct 2013. Chronicle of Jazz. (2013). Changing Modes. Available: http://www.abbeville.com/jazz/146.asp. Last accessed 21 Oct 2013. Emerson, R. (2013). Quotes. Available: http://danthemans.squidoo.com/favourite-quotes-about-strength. Last accessed 23 Oct 2013. Famous People. (2013). Claude Debussy. Available: http://www.thefamouspeople.com/profiles/claude-debussy-400.php. Last accessed 22 Oct 2013. Kamien, R. (2011). Music An Appreciation. New York: McGraw-Hill. 374-377. Pearson Education. (2013). Claude Achille Debussy. Available: http://infoplease/com/encyclopedia/people/debussy-claude-achille.html. Last accessed 21 Oct 2013. Schuller, G. (2013). Jazz on Classical: Classical on Jazz. Available: http://www.boosey.com/cr/news/Jazz-on-Classical-Classical-on-Jazz/11351. Last accessed 26 Oct 2013.
Friday, October 11, 2019
Entrepreneurial
CHAPTER 2: THE ENTREPRENEURIAL MINDSET IN INDIVIDUALS TRUE/FALSE 1. Entrepreneurs are pessimists who see the cup half empty, rather than half full. ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 29 2. Good entrepreneurs seek feedback from others. ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 31 3. Commitment, determination, and perseverance are the only characteristics one needs to become a successful entrepreneur. ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 30 4. Entrepreneurs are fiercely independent but understand the need for a strong entrepreneurial team.ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 36 5. There are four causes of entrepreneurial stress. ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 40 6. The entrepreneur is driven by a strong desire for control over their venture. ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 42 7. Entrepreneurs ar e often unrealistically optimistic. ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 44 MULTIPLE CHOICE 8. Which is not a source of entrepreneurship research? |a. |textbooks |c. conferences | |b. |biographies |d. |water cooler conversation | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 29 9. Which of the following is not a trait of successful entrepreneurs? |a. |initiative |c. |perseverance | |b. |frustration |d. |strategic thinking | ANS:PTS:1NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 30 10. A clear pattern among successful entrepreneurs is |a. |setting goals that are just out of reach. | |b. |the fear of failure common to all people. | |c. |their focus on opportunity rather than resources. | |d. |not fitting in to traditional organizations. | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 32 11. Which of the following is not a common characteristic of entrepreneurs? |a. |vision |c. |lack of motivational drive | |b. team building |d. |independence | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 34 12. If an entrepreneur believes in himself/herself and that their accomplishments and setbacks are within their own control, they possess a (n) . |a. |confidence level higher than most entrepreneurs | |b. |internal locus of control | |c. cockiness level too high to be an entrepreneur | |d. |high energy level | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 34 13. In the Monroy-Folger Model of Risk Typology, profit-seeking activity is associated with: |a. |strong desire to maximize profit |c. |strong desire to minimize profit | |b. |weaker desire to maximize profit |d. strong desire to maximize sales revenue | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsTOP:pg 38 14. The four major causes of entrepreneurial stress are |a. |loneliness, immersion in business, people, need to achieve. | |b. |people, size of business, need to achieve, fear. | |c. |fear, failure, pressure, competition. | |d. |drive for success, loneliness, fear, competition. | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 40 15. Entrepreneurs with a sense of distrust |a. |scan the environment. |c. |ignore everything. | |b. |examine the business. |d. become fearful. | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 42 16. Which of the following is an aspect of the ââ¬Å"dark sideâ⬠of entrepreneurship? |a. |a need for control |c. |both a and b | |b. |a sense of distrust |d. |bouts of euphoria | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 42 17. Which of the following is not one of the four major traits that characterize the ââ¬Å"dark sideâ⬠of entrepreneurs? |a. an external optimism |c. |knowing when to take a vacation | |b. |a desire for success |d. |a sense of distrust | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 42 18. When outcomes meet or ex ceed expectations, _____________________ is positively reinforced. |a. |entrepreneurial behavior |c. |desire for success | |b. |entrepreneurial motivation |d. |entrepreneurial ego | ANS:PTS:1NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 44 19. Which is not a factor in the Model of Entrepreneurial Motivation? |a. |the entrepreneurââ¬â¢s outcomes meet their expectations | |b. |personal goals are met | |c. |implementation of the entrepreneurial plan meet the entrepreneurs outcome perceptions | |d. |winning awards | ANS:PTS:1 NAT:AACSB Reflective Thinking | Motivation ConceptsKEY:pg 45
Thursday, October 10, 2019
Exam Retailing Essay
Retailing-consists of the final activities and steps needed to place merchandise made elsewhere into the hands of the consumer or to provide services to the consumer. Last step in supply chain. Trends that affect Retailing today: * E-tailing- ie. The Internet accounts for less than 5% of retail sales but has changed consumer behavior. (speed, convenience, control, vast info, lowest prices) hasnââ¬â¢t destroyed â⬠¦ *Bricks-and-Mortar retailers ââ¬â Retailers that operate out of a physical building. ââ¬â¢ but B & M retailers must give customers more control to combat E-tailing. Outshopping-when customers get needed info (such as proper size or how to assemble a product) in the store and then orders it online for a lower price and to avoid paying sales tax. * Price Competition Loss Leader-selling a product at or below its cost Bottom Line-net profit on an income statement *Same-Store sales-compares an individual storeââ¬â¢s sales to its sales for the same month in the previous year. *Market Share-the retailerââ¬â¢s total sales divided by total market sales *Scrambled Merchandising- exists when a retailer handles many different and unrelated items. The result of the pressure being placed on many retailers to increase profits by carrying additional merchandise or services (with higher profit margins) that will also increase store traffic ex. Convenience store that sells low margin gasoline but high margin bread, milk, beer, ciggs ETC. Supercenters, gift cards in grocery stores but causes cost increases in RENT, INVENTORY COSTS, LABOR COSTs *Category Killer-a retailer that carries such a large amount of merchandise in a single category at such good prices that it makes it impossible for customers to walk out without purchasing that they need, thus KILLING the competition Categorizing Retailers Census Bureau- NAICS code Number of outlets- Chain? Or not? *Standard Stock list-a merchandising method in which all stores in a retail chain stock the same merchandise *Optional Stock List approach-merchandising method in which each store in a retail chain is given the flexibility to adjust its merchandise mix to local tastes and demands. *Channel Advisor or Captain-the institution (manufacturer, wholesaler, broker, or retailer) in the marketing channel that is able to plan for and get other channel institutions to engage in activities they might not otherwise engage in. Large store retailers are often able to perform the role of channel captain. *Private Label Branding- May be store branding, when a retailer develops its own brand name and contracts with a manufacturer to produce the product with the retailerââ¬â¢s brand, or designer lines, where a known designer develops a line exclusively for the retailer. Margin/Turnover Gross margin percentage- measure of profitability GROSS MARGIN/NETSALES Gross Margin-NET SALES ââ¬â COST OF GOODS SOLD Operating Expenses-expenses that a retailer incurs in running the business other than the cost of merchandise Inventory Turnover- refers to the number of times per year, on average, that a retailer sells its inventory. High Performance retailers-retailers that produce financial results substantially superior to the industry average. Low margin/low turnover-operates on a low gross margin percentage and a low rate of inventory turnoverâ⬠¦ will not be able to generate sufficient profits to remain competitive and survive. High Margin/Low turnover-(bricks and mortar) high gross margin percentage and low ate of inventory turnover ( high end stores, mom and pop) Clicks and Mortar-instore and online Low margin High turnover- low gmp, high rate of inventory turnover (wal mart, amazon. com) High, High- convenience stores, 7 eleven, circle k, Location- new non traditional places. Size *Store management- the retailing career path that involves responsibility for selecting, training, and eval uating personnel, as well as instore promotions, displays, customer service, building maintenance, and security *Buying-retailing career path whereby one uses quantitative tools to develop appropriate buying plans for the storeââ¬â¢s merchandise lines. Analytical method ââ¬âfinder and investigator of facts Creative Method- Idea person Two pronged approach- both analytical and creative CHAPTER 2 Strategic planning- involves adapting the resources of the firm to the opportunities and threats of an ever changing retail environment * Development of mission statement * Definition of specific goals and objectives for the firm * Identification and analysis of the retailers strengths, weaknesses, opportunities and threats ââ¬âSWOT ANALYIS * Development of basic strategies that will enable the firm to reach its objectives and fulfill its mission Mission statement- a basic description of the fundamental nature, rationale, and direction of the firm. Market Share- retailerââ¬â¢s TOTAL SALES/ TOTAL MARKET SALES Profit-based Objectives-deal directly with the monetary return a retailer desires from its business ROI/RONW- Return on investment/ Return on Net Worth STRATIEGIC PROFIT MODEL (MEMORIZE) Net ProfitMargin| Net Profit /Total Sales| Return on Assets| Net Profit* /Total Assets| Financial Leverage| Total Assets/Net Worth| Return on Net Worth| Net Profit*/Net Worth| X = Asset Turnover| Total Sales/Total Assets| Stockouts- products that are out of stock and therefore unavailable to customers when they want them Productivity objectives- state how much output the retailer desires for each unit of resource input: Floor space, labor, and inventory investment. * Sales prod: net sales/ total square feet of retail floor space * Labor prod: net sales/#of full time equivalent employees * Merchandise prod: net sales/average dollar investment in inventory Societal Objectives- those that reflect the retailerââ¬â¢s desire to help society fulfill some of itââ¬â¢s needs. * Employment objectives * Payment of Taxes * Consumer Choice * Equity * Being a benefactor RASM- (revenue per available seat mile) calculation used by airlines. Yield Management- the understanding, anticipating and reacting to changing customer needs in order to maximize the revenue from a fixed capacity of available services. (1)low marginal costs (2)fixed capacity (3) perishable product (4)fluctuation demand (5)different market segments Personal Objectives-reflect the retailerââ¬â¢s desire to help individuals employed in retailing fulfill some of their needs. * Self Gratification * Status and respect * Power and authority Strategy- a carefully designed plan for achieving the retailers goals and objectives. 3 strategies Get shoppers into your store/ traffic strategy Convert these shoppers into customers by having them purchase merchandise (retailers conversion Do this at the lowest operating cost possible that is consistent with the level of service that your customers expect Target market-the group of customers that the retailer is seeking to serve Location-geographic or cyber space where the retailer conducts business Retail mix- the combination of merchandise, price, advertising and promotion, locations, customer service and selling, and store layout and design Value proposition- clear statement of the tangible and/or intangible results a customer receives from shopping at and using the retailerââ¬â¢s products or services Operations Management- deals with activities directed at maximizing the efficiency of the retailerââ¬â¢s use of resources. It is frequently referred to as day to day management. CHAPTER 6 Horizontal Price Fixing- occurs when a group of competing retailers (or other channel members operating at a given level of distribution) establishes a fixed price at which to sell certain brands of products ILLEGAL violates Sherman Antitrust Sec 1 Vertical Price Fixing-occurs when a retailer collaborates with the manufacturer or wholesaler to resell an item at an agreed upon price Price discrimination- occurs when 2 retailers buy an identical amount of ââ¬Å"like grade and qualityâ⬠merchandise from the same supplier but pay different prices. Clayton act makes only certain forms illegal DEFENSES Cost justification- differential in price could be accounted for on the basis of differences in cost to the seller in the manufactur, sale, or delivery. Due to differences in quantity or method. Changing market differences-justifies based on the danger of imminent deterioration of perishable goods or on the obsolescence of seasonal goods. Meeting Competition in good faith -lower price was made in good faith in order to meet an equally low price of a competitor Deceptive Pricing-occurs when an misleading price is used to lure customers into the store and then hidden charges are added; or the item advertised may be unavailable. Predatory Pricing-exists when a retail chain charges different prices in different geographic areas to eliminate competition in selected geographic areas. Palming off-occurs when a retailer represents that merchandise is made by a firm other than the true manufacturer Deceptive advertising-when a retailer makes false of misleading advertising claims about the physical makeup of a product, the benefits to be gained by its use, or the appropriate uses for the product. Bait and switch- advertising or promoting a product at an unrealistically low rice to serve as ââ¬Å"baitâ⬠and then trying to ââ¬Å"switchâ⬠the customer to a higher priced product. Product liability laws-deal with the sellerââ¬â¢s responsibility to market safe products. These laws invoke the forseeability doctrine, which states that a seller of a product must attempt to foresee how a product may be misused and warn the consumer against hazards of misuse. Expressed warranties- are either written or verbali zed agreements about the performance of a product and can cover all attributes of the merchandise or only one attribute Implied warranty of merchantability- made by every retailer when the retailer sells goods and implies that the merchandise sold is fit for the ordinary purpose for which such goods are typically used Implied warranty of fitness- a warranty that implies that the merchandise is fit for a particular purpose and arises when the customer relies on the retailer to assist or make the selection of goods to serve a particular purpose Territorial restrictions-are attempts by the supplier, usually a manufacturer, to limit the geographic area in which a retailer may resell its merchandise Dual distribution- occurs when a manufacturer sells to independent retailers and also through its own retail outlets One way exclusive dealing arrangement-occurs when the supplier agrees to give the retailer the exclusive right to sell the suppliers product in a particular trade area Two way exclusive dealing arrangement- occurs when the supplier offers the retailer the exclusive distribution of a merchandise line or product in a particular trade area if in return the retailer will agree to do something or the manufacturer, such as heavily promote the suppliers products or not handle competing brands. ILLEGAL. Tying agreement-exists when a seller with a strong product or service requires a buyer to purchase a weak product or service as a condition for buying the strong product or service Ethics-set of rules for human moral behavior Explicit code of ethics-consists of a written policy that states what is ethical and unethical behavior Implicit code of ethics- an unwritten but well und erstood set of rules or standards of moral responsibility Chapter 14 Empowerment- occurs when employees are given the power in their jobs to do the things necessary to satisfy and make things right for customers. Servant leadership-an employees recognition that their primary responsibility is to be of service to others. 20% of customers generate 80% of sales value proposition-the promised benefits a retailer offers in relation to the cost the consumer incurs customer relationship management CRM-comprised of an integrated information system where the fundamental unit of data collection is the customer, supplemented by relevant information about the customer erformance appraisal and review- is the formal, systematic assessment of how well employees are performing their jobs in relation to established standards and the communication of that assessment to employees Motivation-is the drive that a person has to excel at activities, such as a job, that he or she undertakes Esprit de corps- occurs when a group of workers feel a common mission and a passion fo r that mission and a pride in being part of the group Fixed component- typically is composed of some base wage per hour, week, month, or year Variable component-is often composed if some bonus that is received if performance warrants Fringe benefit package-is a part of the total compensation package offered to many retail employees and may include health insurance, disability benefits, life insurance, retirement plans, child care, use of an auto, and financial counseling Job enrichment- the process of enhancing the core job characteristics to improve the motivation, productivity, and job satisfaction of employees.
Wednesday, October 9, 2019
Although the foetus has no right to life, its interests are adequately protected by English law.
Introduction The right to life is a moral principle that is based upon the premise that all individuals have a right not to be killed by another human being. This concept that is central to the debates surrounding abortion since it is often contested whether unborn children should also have the right to life. Those in favour of abortion often take the view that a foetus is not sufficiently human to be capable of acquiring a right to life, whilst those in opposition believe that a foetus is human and that its right to life should therefore be protected. There is currently no direct right to life that is provided to a foetus, yet the law in the UK does make some attempt to protect its interests. This essay will focus on the interests that are provided to foetusââ¬â¢ in order to consider whether adequate protection is in place. In doing so, it will be examined whether every woman should have a right to abortion on demand or whether the interests of the foetus should be given due consideration. A ccordingly, it will be shown that because there are arguments for and against the interests of the foetus, it is necessary for the law to strike a balance between the two competing interests. This does appear to have been achieved to a certain degree since the interests of the mother are being preserved, whilst also providing some protection to the foetus. The right to life The right to life is provided to all individuals under Article 2 of the European Convention of Human Rights (ECHR) 1951, as incorporated by the Human Rights Act (HRA) 1998. Whether or not a foetus has a right to life, however, is a highly contested topic because although the foetus does not have a right to life per se, it appears as though its interests are still being protected by the law to a certain extent.[1] On the one hand, it is believed that all women should have the right to do as they wish with their own bodies and that they should therefore have a right to abortion, yet on the other it is believed that the interests of a foetus should be provided with adequate protection.[2] The law in England does seem to have attempted to strike a balance between these two competing interests by permitting abortion, whilst at the same time imposing some restrictions. Under English law (Human Fertilisation and Embryology Act 1990) abortion is permitted until the 24th week of a pregnancy. Whilst this provides women with the right to choose what to do with their own bodies, it prevents them from having abortions in the later stages of pregnancy. Because abortion is not legally available at the request of the woman, it has been argued by the Abortion Rights Campaign that; ââ¬Å"womenââ¬â¢s access to abortion can be and is still threatened.â⬠[3] This is because, once a woman has decided that she wants to have an abortion, she will first be required to persuade two doctors to agree to her decision taking into consideration certain restrictive legal criteria.[4] Therefore, even though women are capable of having an abortion up until the 24th week of pregnancy, it will be the doctors that make the final decision. And, if they do not agree that the relevant criterion has been satisfied, they will not have to carry out the abortion. This protection is in place to enable the rights of the unborn child to be ascertained in circumstances which would render an abortion unlawful. However, the extent to which such rights are being adequately protected is in fact arguable. Confliction continues to arise in this area because of the difficultly in striking a balance between the rights of the foetus and the rights of the mother. It cannot be said that this balance is currently being achieved as there remains strong opposition of both viewpoints. As pointed out by Mason and Laurie; ââ¬Å"attitudes to abortion depend almost entirely on where the holder stands in respect of, on the one hand, the foetal interests in life and, on the other, a womanââ¬â¢s right to control her own body.â⬠[5] Consequently, because the difference in opinions is based upon moral values rather than empirical facts, it is unlikely that such confliction will ever be resolved.[6] In effect, it is unlikely that a solid understanding of the rights in this area will ever be made as the controversy surrounding abortion will continue to exist. The Foetusââ¬â¢ Right to Life It is believed that the Abortion Act 1967 violates Article 2 of the Convention on the Rights of the Child on the basis that a childââ¬â¢s rights are not being adequately protected if women are able end their pregnancy if they so wish.[7] Section 1 of the 1967 Act provides that; ââ¬Å"a person shall not be guilty of an offence under the law relating to abortion when a pregnancy is terminated by a registered medical practitioner.â⬠In effect, women will not be found guilty of an offence is they decide to have an abortion. Whilst this section does appear to undermine the rights of the foetus, the fact that the termination must be conducted by a registered medical practitioner acting in good faith suggests that some form of protection will still be in place. Furthermore, as put by Herring; ââ¬Å"for an abortion to be lawful, the abortion must comply with the requirements of the 1967 Abortion Act.â⬠[8] Section 1 will therefore only apply if certain provisions can also be sa tisfied. Nevertheless, because abortions are rarely ever refused, it could be said that the provisions under Article 2 are being undermined and that the interests of the foetus are not, in reality, being adequately protected. In view of this, it has therefore been argued by Foster that the 1967 Act is not being used in the way that Parliament intended and that abortion are instead being used as another form of contraception.[9] This demonstrates how abortion is easily accessible to women, which limits the protection that is currently being provided to the foetus. It is likely that doctors will only refuse to conduct an abortion if the womanââ¬â¢s pregnancy has gone past the 24 week threshold or if the circumstances are exceptional. This signifies how the rights of unborn children are not being preserved, yet it is debatable whether further protections ought to be in place. The right to life is an extremely sensitive subject since it basically provides a right to every human being not be killed.[10] However, much complexity exists when considering the right to life in the context of unborn children. It is difficult to determine whether the motherââ¬â¢s rights should prevail over the rights of the unborn child or vice versa. However, it has been said that the right to life is a human right that is ââ¬Å"inviolable and must be protected at all costs.â⬠[11] If this statement was to be taken strictly, every abortion would be considered a violation of oneââ¬â¢s human rights and would not be permitted. However, in order to ensure that the rights of the mother are also being protected it is necessary that abortions are permitted in certain circumstances. This would ensure that a balance is attained between the two competing interests by allowing abortions to take place only if it is deemed necessary. Consequently, abortions should not be used carelessly as another form of contraception and this would means that the rights of the mother are being given greater consideration than the rights of the foetus. Abortions should therefore not be as accessible as they currently are and should only be permitted in limited situations. It is unclear what extent the interests of the foetus are actually being considered and it seems as though the right to life is being violated by the abortion process and so further protections may need to be provided to the foetus so that the rights of unborn children are given the same considerations as the mother. At present, it appears as though the rights of the mother prevail over the rights of the foetus, despite the restrictions that are in place. In order to ensure that the foetus right to life is being protected, it is necessary to impose further restrictions upon the motherââ¬â¢s ability to have an abortion. At present, a mother is capable of aborting a foetus for various reasons including the fact that the child will suffer from a disability. Many people do not agree that this should be a reason to end the life of a foetus, though it is legal in the UK for a woman to abort a baby on grounds of disability up to birth. As a result of this many parents opt for an abortion if pre-natal screening reveals that their baby is suffering from a disability. Moreover, it has also been suggested that the parents are even put under pressure to do so.â⬠[12] The Society for the Protection of Unborn Children strongly disagrees with this approach and believes that; ââ¬Å"a person with a disab ility has the right to life along with every other member of society: aborting a baby because he or she has, or even might have, a disability, is the ultimate form of discrimination.â⬠[13] It cannot be said that the foetusââ¬â¢ right to life is being upheld as a result of this since they can be terminated at any point if they are found to have a disability. Not only does this undermined their right to life but it also discriminates against them on the grounds of their disability. As such, the provisions under the Disability Discrimination Act 1995 are too not being complied with. In Vo v France,[14] however, it was made clear that Article 2 of the Convention is ââ¬Å"silent as to the temporal limitations of the right to life, and in particular does not define ââ¬Ëeveryoneââ¬â¢ whose life is protected by the Convention.â⬠Effectively, it is clear that because Article 2 does not provide a definition as to who shall be protected, it is likely that the rights of the foetus will continue to be restricted. Jackson does not believe that the moral status of the foetus should be sufficiently wide enough to make abortion unlawful,[15] however, and it seems as though the European Court of Justice is also reluctant as identified in Open Door and Dublin Well Woman v Ireland.[16] Furthermore, in the case of X v United Kingdom[17] the ECJ also stated that the right to life would be subject to an implied limitation in order to respect the motherââ¬â¢s life even if this was at the expense of the foetusââ¬â¢ right to life under Article 2. Furthermore, it was also expressed in Paton v United Kingdom[18] that; ââ¬Å"the life of the foetus is intimately connected with, and cannot be regarded in isolation from, the life of the pregnant woman.â⬠This limited the rights of the foetus even further as it was demo nstrated that the right to life under Article 2 was not available even though the abortion was not considered necessary to protect the life of the mother. This was also identified in H v Norway,[19] which illustrates that even if an abortion occurred as a result of the motherââ¬â¢s choice and there lacked any specific reason for terminating the pregnancy, Article 2 will still not be capable of providing protection to a foetus if this is at the expense of the mothers rights. This seems to indicate that unborn children are not actually provided with any rights despite the fact that Article 2 initially seemed to protect such interests. The termination of a pregnancy will continue to be a morally and ethically complex issue, particularly if the reason for aborting relates to a foetal abnormality.[20] It has been pointed out that a clear legal framework is needed because of the complexities that exist in this area, though it was noted that this continues to prove extremely difficult to create.[21] The Rights of the Mother Whilst it is believed by many that the rights of the foetus should be given due consideration, it is equally argued that the rights of women should be considered foremost when deciding whether an abortion is lawful or not. This was shown in Roe v Wade[22] where it was made clear by the Court that a person has a right to abortion unless the foetus has become viable. This means that the foetus does not become a human being until it is capable of living outside the motherââ¬â¢s womb without any artificial aid.[23] Although this decision was made by a Court in the US, it sparked a significant amount of debate. It was argued on the one hand that a foetus becomes a child whilst it is still in the womb and that the decision whether or not to allow abortion to take effect should not be based upon whether a foetus has the capacity to enjoy life as a person.[24] It has been said that the decision in this case effectively allows an abortion on demand to take place.[25] On the other hand, how ever, it has been expressed by Loveland that; ââ¬Å"the judgment neither produced abortion on demand nor allowed states to prevent late-stage terminations.â⬠[26] The decision in Planned Parenthood v Casey[27] imposed further limitations on the rights of the mother when it was found that the viability period would be reduced from 24 weeks to 22 weeks. It is questionable whether this was sufficient in ensuring that the right to life of the foetus under Article 2 was being provided with greater protection since the rights of the mother will continue to prevail in the majority of situations. It could be said that it is necessary for the motherââ¬â¢s rights to be ascertained over the rights of the unborn child because women should be regarded as individuals as opposed to being merely containers for the foetus. In accordance with this, greater consideration should be given to the rights of the mother, though some protections should also be available for the unborn.[28] Arguably, it is important that both the rights of the mother and the unborn child shall be considered, though much more weight ought to be given to the motherââ¬â¢s interests as she is already considered a viable person. It has been contended by Herring that; ââ¬Å"women who want an abortion should not be required to continue with the pregnancy.â⬠[29] Therefore, although Article 2 expressly states that the right to life is to apply to ââ¬Å"everyoneâ⬠, the extent to which this applies to the foetus is arguable in view of the confliction that exists between the rights of the mother and the rights of the foetus. In A-Gââ¬â¢s Reference (No 3 of 119)[30] it was noted that a foetus is not regarded as a ââ¬Å"personâ⬠and will therefore not be directly protected by Article 2 of the Convention. It was further added that the only right to life in which a foetus has is implicitly limited by the motherââ¬â¢s rights and interests. This suggests that a foetus will only be provided with the right to life indirectly from the mothers right under Article 2. It is unclear whether this completely undermines a foetusââ¬â¢ right to life, though it seems likely given that that Article 2 will not be violated if a pregnancy is terminated. The Courts have expressed great reluctance to elucidate on this matter, by assessing whether Article 2 will provide rights to the foetus or not, because of the existing moral and ethical considerations. As a result, great complexity continues to exist within this area of the law and unless Article 2 is more clearly defined, complexity will continue to ensue. Yet, because of the moral issues that are prevalent throughout, it seems as though a single approach would not be workable. Therefore, the decision as to whether an abortion should be permitted or not will continue to be decided on a case by case basis. As such, it will depend primarily upon the circumstances of each case. This allows a certain degree of flexibility to exist which is necessary given that each case will differ from the next. However, it is likely that the rights of the mother will continue to be favoured over the rights of the unborn child. Nevertheless, because of the politics that surround abortion, the European Court of Human Rights has been said to be ââ¬Å"wary of making a general rule concerning the legal status of the foetus, preferring to leave this question to the margin of appreciation.â⬠[31] It cannot be said that this is acceptable given the ambiguity that arises within this area. But because there is no right or wrong answer as to whether the rights of the mother should prevail over the rights of the foetus the legal status of the foetus could not be defined by the Courts without attracting opposition. It could be said that the UK has made some attempt to identify the rights of the foetus despite the fact that no right to life exists, yet the extent to which these interests are being protected will be likely to remain debated. When the case of Vo was brought before the ECHR they appeared to focus more on the question as to when life begins as well the nature and characteristics of the foetus, as opposed to focusing on the relationship between the mother and her potential child and the others right to reproductive freedom and autonomy.[32] Therefore, the approach taken by the ECHR should have been based upon the recognition of foetal interests as well as the loss of a motherââ¬â¢s relationship. Whilst this would not have addressed all of the difficulties that arise in this area, it would have provided some recognition as to the interests of the foetus. Much more needs to be done if foetal interests are to be provided with greater protected, whilst at the same time maintaining the rights of the mother. The rights of the mother appear to be protected in favour of the rights of the foetus, yet it has been said that this ensure the human dignity of the mother is being preserved.[33] This is because if a mother was not provided with the choice to terminate a pregnancy, it is likely that their human dignity would be violated. Whilst this this may be at the expense of the rights enshrined in Article 2, it is deemed necessary in protecting the motherââ¬â¢s interests. Balancing the Rights It is doubtful that the rights of the foetus and the rights of the mother are being balanced since the rights of the foetus continue to be undermined. Whilst there are some protections in place to preserve the interests of the foetus, these do not appear sufficient and so it seems as though tighter restrictions ought to be implemented to ensure that abortion is not easily accessible. This would allow for a more acceptable balance to be attained because at present it seems to be largely one-sided. If abortion was only permitted in extreme circumstances, it would not be capable of being used as another form of contraception and the interests of the foetus would be better recognised. On the contrary, it is argued that further limitations would limit the mothers freedom to choose and their own rights would be undermined if Article 2 was to provide express rights to unborn children. Therefore, whilst abortion should still be permitted, limitations should be imposed so that the rights of the foetus are given better protection. It is unclear whether judges should be left to make a decision on whether an abortion is lawful or not since opinions will differ significantly on this subject. Thus, it cannot be said that judges should be left to decide upon moral issues. Whilst one judge may agree with abortion, another judge may not as individuals have different perceptions on what is and what is not morally right. This is why the courts have been quite reluctant to use a single approach when deciding upon the interests of a foetus and it seems that the matter is better left undefined. This was identified by Sandel when it was argued that there are differences of opinions as to whether abortion is morally reprehensible and therefore worthy of prohibition, whilst many avoid passing judgment on the morality of these practices.[34] The ECHR appears to have adopted the latter approach, by failing to provide a decision on the legal status of foetusââ¬â¢. This lack of definition may actually be in the interests of the foetus since rights are capable of being provided that may not have been had a definition been in place. The determination as to whether abortion should be a motherââ¬â¢s choice or not will be capable of being assessed differently in all cases. This is necessary given the diverging opinions that exist since it will continue to be argued by many that Article 2 should provide a right to ââ¬Å"anyoneâ⬠including unborn children, whilst others will continue to be of the view that the decision should be left with the freedom of choice as protected u nder Article 13 of the Convention. The current practice that is being adopted in striking a balance between the two competing interests does appear to be the most plausible approach to take since each case will be determined by its facts. This could, however, lead to judicial activism occurring, which appears to have happened in the Roe case above which was described by Thielen as ââ¬Å"an incredible reach of judicial activism.â⬠[35] Judicial activism occurs when a ruling is said to be based upon political or personal considerations as opposed to being based upon existing law.[36] Therefore, if when Courts are provided with the ability to decide upon matters concerning abortion, judicial activism is likely to emerge which undermines social policy and, in some instances, human rights. Still, as put forward by Ewing and Gearty; ââ¬Å"English judges have shown a powerful engagement with the rights of the unborn in the past,â⬠[37] yet whether violations of oneââ¬â¢s huma n rights are arising out of this is likely and it seems quite difficult for a balance to be achieved between the rights of the unborn with the rights of the mother. Conclusion This area is extremely controversial and because of this it is difficult for legislators as well as the judiciary to make a decision as to whether a foetus does have rights. Many people are of the view that every woman should have the right to choose whether or not to have an abortion, yet not all agree with this. Instead, it is argued that women are capable of using abortion as a form of contraception because of how easily accessible it is. Whilst there are some restraints in place to prevent this from happening, such as the requirement to obtain permission from two doctors, it cannot be said that such measures are effective. This is because it is highly unlikely that an abortion would be refused unless the stages of pregnancy have gone past the 24 week threshold. Furthermore, because women are permitted to have an abortion past this stage if the unborn child is suffering from a disability, the rights of the foetus are being undermined even further. It is therefore questionable whet her the current law is effective in preserving the interests of the foetus since the law has not made it difficult for abortions to be performed. Therefore, it could be said that further restrictions are needed so as to balance the rights of the mother with the rights of the unborn child. Conversely, because there is a limit on the number of weeks a person can abort a foetus, it could be said that their interests are being adequately protected to a certain degree. Whether this is sufficient, however, is likely to remain a contestable subject for many years to come as there will continue to be differing opinions as to whether abortion should be so easily available. In effect, there are both strengths and weaknesses for right to abortion, yet it is questionable whether the strengths do in fact outweigh the weaknesses. BIBLIOGRAPHY Cases: A-Gââ¬â¢s Reference (No 3 of 119) [1998] AC 245 H v Norway (1992) 73 D & R 155 Open Door and Dublin Well Woman v Ireland (1992) 14 EHRR 244 Paton v United Kingdom (1980) 3 EHRR 408 Planned Parenthood v Casey (1992) 404 U.S. 833 Roe v Wade (1973) 410 U.S. 113 Vo v France Judgement of 8 July 2004 40 EHRR 12 X v United Kingdom (1980) 19 D & R 244 Legislation: Abortion Act 1967 Disability Discrimination Act 1995 European Convention of Human Rights 1951 Human Fertilisation and Embryology Act 1990 Human Rights Act 1998 Textbooks: Herring, J. Law Express: Medical Law (Revision Guide), Longman, 2nd Edition, (2009). Herring, J. Medical Law and Ethics, OUP Oxford, 3rd Edition, (2010). Hope, T., Savulescu, J. and Hendrick, J. Medical Ethics and Law: The Core Curriculum, Churchill Livingstone, 2nd Edition, (2008). Kaczor, C., The Ethics of Abortion: Womenââ¬â¢s Rights, Human Life, and the Question of Justice, (Routledge: London, 2013). Kennedy, I., Grubb, A., Laing, J. and McHale, J. Principles of Medical Law, OUP Oxford, 3rd Edition, (2010). Jackson, E. Medical Law: Text, Cases and Materials (Text, Cases and Materials), OUP Oxford, 2nd Edition, (2009). Mason, K. and Laurie, G. Mason and McCall Smithââ¬â¢s Law and Medical Ethics, OUP Oxford, 8th Edition, (2010). Articles: Abortion Rights Campaign, Why women need a modern abortion, law and better services, Available [Online] at: http://www.abortionrights.org.uk/content/view/180/121/ BBC, Womenââ¬â¢s Rights Arguments in Favour of Abortion, Ethics Guide, (1992), Available [Online] at: http://www.bbc.co.uk/ethics/abortion/mother/for_1.shtml K.D and Gearty. CA, Terminating Abortion RightsNew Law Journal, 142 NLJ 1969, Issue 6579, (04 December, 1992). C, Forty Years On, New Law Journal, 157 NLJ 1517, Issue 7295, (02 November, 2007). Frankenburg, G., ââ¬ËHuman Rights and the Belief in a Just Worldââ¬â¢ International Journal of Constitutional Law, Volume 12, Issue 1. Holetzky, S. What is Judicial Activism(04 February, 2010), Available [Online] at: http://www.wisegeek.com/what-is-judicial-activism.htm Human Rights, Right to Life: Not just an abortion issue, Available [Online] at: http://www.abouthumanrights.co.uk/right-life-not-just-abortion-issue.html I, A Vacancy in the Supreme Court, New Law Journa l, 144 NLJ 537, Issue 6644, (22 April, 1994). McCrudden, C. Human Dignity and Judicial Interpretation of Human Rights, European Journal of International Law, EJIL 2008 19 (655), Issue 4, (01 September, 2008). Oââ¬â¢Donovan, K. Commentary, Medical Law Review, Med Law Rev 2006 14 (115), (01 March, 2006). Sandel, M. J. Symposium: Law, Community, and Moral Reasoning Moral Argument and Liberal Toleration: Abortion and Homosexuality, California Law Review, 77 Calif. L. Rev. 521, (May, 1989). The Society for the Protection of Unborn Children, SPUC, Abortion and disability or eugenic abortion, Available [Online] at: http://www.spuc.org.uk/students/abortion/disability Thielen, D. Overturn Roe v Wade, Liberal and Loving It, (2005), Available [Online] at: http://www.davidthielen.info/politics/2005/08/overturn_roe_vs.html Wicks, E., Wyldes, M. and Kilby, M. Late Termination of Pregnancy for Foetal Abnormality: Medical and Legal Perspectives, Medical Law Review, Med Law Rev 2004.12 (285), (01 September, 2004).
The dangers that police officers face in rural areas due to the lack Research Paper
The dangers that police officers face in rural areas due to the lack of back up or riding partners - Research Paper Example The personal safety and security of a rural police officer is a cause of stress to the police fraternity, as they are faced with isolation that poses great danger. The back- up required by an urban police officer is met with, almost instantly. Whenever the need arises, the urban police officer is assured of back-up within minutes. The same is not in the case of their rural counterparts because at most times there is the danger that relief comes when it is too late. In most cases it sometimes takes more than an hour to get help from back-up forces. This leads to stress on the part of the rural police officer even when they have to handle seemingly easy cases of domestic violence or auto crashes. A good example of this was an incident that took place on March 31st 1989, where help did not arrive in time and Maine State Police Detective Giles Landry was shot and killed after he responded to a call regarding a domestic dispute in a secluded spot in a rural area. When inspector Landry arrived at the scene of the crime, the suspects girlfriend made a beeline to the passenger seat of the detectiveââ¬â¢s patrol car, giving the suspect reason to believe that Detective Landry was indeed her lover because he was in an unmarked police car and moreover alone. The suspect had slowly approached the vehicle from the rear- end and shot at Landry twice through the window at the back, with a Ruger .44 caliber rifle, hitting Detective Giles Landry in the head, putting an end to him instantly. Immediately after this, the suspect shot at his girlfriend killing her on the spot and soon after that committed suicide himself. The detective officer had left behind a wife and their two children. There are countless such cases taking place especially in the rural areas, where unsuspecting police personnel are at the mercy of dangerous criminals. Such a dangerous situation could have been averted had the officer
Monday, October 7, 2019
Biochemistry science field Research Paper Example | Topics and Well Written Essays - 2500 words
Biochemistry science field - Research Paper Example Therefore, it may be hypothesized that the use of cartilage in the promotion of endochondral regeneration of bones may leverage normal development and repair sequences resulting in a properly vascularized regenerate capable of integrating with the host tissues. Various tests have demonstrated that cartilage grafts are able to support the regeneration of vascularized and integrated bone tissues in vivo, while lineage tracing experiments have revealed graft derived regenerates. Mesenchymal stem cells are actually the pluripotent cells existing in numerous adult human tissues, for example bone marrow and adipose as well as synovial tissues, and since they originate from the mesoderm, they differentiate to become bones and cartilage as well as muscles and adipose tissues (Nolta, 2006). Mesenchymal stem cells from embryonic sources have demonstrated probabilities in science while at the same time creating a considerable amount of controversy. As a consequence, numerous researchers have put emphasis on adult stem cells or those isolated from human adults that may be transplanted in to tissues that are damaged. As a result of their multi-potent capability, mesenchymal stem cell lineages have been employed with success in animal models in the regeneration of articular cartilage and in human models in the regeneration of bones. Research done recently has shown that articular cartilage can be repaired through percutaneous introduction of mesenchymal stem cells. Th is paper aims at explaining how bone and cartilage can be differentiated from stem cells as well as considering the current research and development of this discipline. An experiment that sought to investigate conditions that can stimulate stem cells to differentiate into fat of bone cells while being encapsulated by hydrogels was conducted with polymer networks, which could simulate various conditions where the stem cells grow naturally. The first step in growing the new cartilage involved initiating
Subscribe to:
Posts (Atom)