Thursday, March 19, 2020
Internet abuse in the work place Abstract Internet is a common and valuable resource for business organizations. This is a study of internet abuse in the work place. The paper reviews related literature on internet abuse.Advertising We will write a custom research paper sample on Internet abuse in the work place specifically for you for only $16.05 $11/page Learn More The study uses questionnaires to investigate the prominent forms of internet abuse and determine if they are serious or minor internet abuse activities. The study relates the internet abuse behavior with regard to gender, education and status. The hypothesis of the study is that employees will engage in minor internet abuse irrespective of their gender, age, education and status. The findings reveal that employees engage in minor internet abuse activities. Gender, education and status reflect on the type of internet abuse employees engage in. EmployeesÃ¢â¬â¢ productivity and employerÃ¢â¬â¢s liability are affected. Employee s will avoid internet abuse that is directly incriminating. Internet abuse can be minimized by introduction of policies in the company. The policies will vary from organization to organization depending on the mission. Introduction Background Internet technology has been incorporated in many organizations across the globe. Internet has increased efficiency, enhanced communication and made a lot of information accessible. The traditional working behavior has been affected. Employees have found themselves with new opportunities and some have misused the privileges. Besides transforming the efficiency and productivity of work, negative results can be realized if employees engage in unacceptable internet activities. The term internet abuse has been used to refer to non- work internet activities in the workplace. According to Ozkalp (2010, p. 2) employeesÃ¢â¬â¢ productivity as well as employers liability are affected by internet abuse. There is need to investigate the internet activiti es employees are engaged in. This will be an effective way of finding adequate policies to prevent the unacceptable behavior. This paper will analyze internet abuse in the work place. It will study internet abuse in relation to gender, education, age and status. Problem statement The aim of this study is to identify most prominent forms of internet abuse and determine if they are serious or minor internet abuse.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Purpose of the study The purpose of the study is to establish the extent of internet abuse during working hours. The study will investigate the relationship between internet abuse in the workplace and gender. Another reason is to investigate whether there is a relationship between the education level and internet abuse in the workplace. Hypothesis The hypothesis for this study is that employees will engage in minor i nternet abuse irrespective of their gender, age, education and status. Review of literature Organizations have adopted internet, which is an important resource. The availability of internet in the work place enables the employees to access a wide variety of libraries, participate in the social media as well as have access to pornographic sites. Access to internet minimizes the employerÃ¢â¬â¢s obligation and reduces productivity in the work place. In an attempt to minimize employerÃ¢â¬â¢s liability, employers have observed employees internet use. Employees at different levels of the organization and with diverse education background can be involved in internet abuse, as Lehr and Lichtenberg (2000, p. 335) point out. Defining internet abuse can be challenging. Every organization defines internet abuse according to acceptable behavior in the company. Definitions of internet abuse will vary. What is abuse in one company may not be in another company. The definition of internet abuse in an organization is in line with the mission of the organization. Internet has become part of the organizational communication. The use of internet has increased efficiency and led to increased revenues. Internet has reduced the number of employees to be employed, enabled employees to access information fast and to perform effectively within a limited time. Some researchers argue that internet is an important source of diversion for employees at work. It can lead to creativity, flexibility and facilitate a good learning environment. Some employees who use the internet for personal academic purposes may end up being resourceful to the organization. However, some employees have abused the privilege of internet in the workplace.Advertising We will write a custom research paper sample on Internet abuse in the work place specifically for you for only $16.05 $11/page Learn More Employees who abuse internet range from senior employees to junior employees. Most of the employees have a private office or are in a cubicle. Thomas (2012, p. 2) says that employees in a private office will be tempted to watch pornography than employees in an open workplace. In the working cubicles, employees will use the internet for personal social media, online banking, non- work emails and general browsing for news. A lot of time will be spent chatting with friends in Facebook or twitter. Others will use the internet for online shopping, to pay bills and make travel arrangements at the workplace. Others visit chat rooms, sports pages and game sites during office hours using the organizations internet. It is common for some employees to download movies, films and songs. Employees who utilize internet for personal benefits are less productive than employees who do not abuse internet at the workplace. Internet abuse has been associated with a hostile working environment, discrimination and sexual harassment. Bondigas (2012, p. 1) adds that employees may pose a r isk to the organizations network. The safety of an organization may be compromised by downloading spyware or virus when downloading personal files. Downloading large files may cause other employees to slow down in their transactions. Furthermore, confidential and restricted data may end up being shared with the public. According to Griffiths (2010, p. 463), there are various types of crime that occur from internet abuse in the work place. The crimes range from sexual abuse, relationship abuse, online information abuse and criminal internet activities. The challenges can be overcome if research on internet abuse is given attention. Organizations block sites with pornography and hate content. Depending on the mission of the organizations, more sites can be blocked. The organization will block sites that are considered inappropriate. Internet reports are analyzed and actions are taken depending on the report. Some organizations restrict internet to organizations websites. Policies intr oduced will include the email policy and internet use policy. Mirchandani and Motwani (2003, p. 1) discuss four measures that have been used by companies to overcome internet abuse issue in the workplace. The measures include deterrence, prevention, detection and remedies.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Deterrence largely depends on the employeeÃ¢â¬â¢s willingness to avoid internet abuse. Prevention includes passwords and locking computer rooms. Detection involves the use of internet reports, scanning for virus reports, system audits and identification of documents after a security breech. Remedies contain internal actions and legal actions. Internal actions will give a warning letter, reprimanding the employee or even terminating the employeeÃ¢â¬â¢s contract. Legal actions will result in civil or criminal cases. An organization begins by introducing deterrence and moves on prevention, detection and remedies respectively, depending on the need to introduce internet control. According to Chen et al (2008, p. 87), personality factors contribute to employees internet usage. EmployeeÃ¢â¬â¢s self-esteem affects their internet behavior in the workplace. Other personality factors include control, gratification and containment. If an employee has been previously addicted to the inter net, they are likely to abuse internet privileges in the office. Employers should get acquainted with information on internet abuse in order to overcome internet abuse challenges. They can learn the employeeÃ¢â¬â¢s personality and implement appropriate policies. Internet monitoring has challenges. Organizations use software which is constantly advancing. The employer obtains the advanced software from the vendors. The software or hardware for blocking specific sites may end up blocking unintended sites. What is more is that it can be challenging to block all intended sites. Moreover, the organization will constantly need the assistance of the vendor; since the information system department is not always perfect. Edward (1999, p. 290) mentions that monitoring the internet may not be welcome by the employees. Some may argue that it is unfair. EmployeeÃ¢â¬â¢s behavior can be extremely challenging to monitor. It is important that the internet reports be accurate. An employee can use another personÃ¢â¬â¢s computer when they step out without logging out. To avoid misidentification, employees must sign out when leaving their computers. Employees should evade sharing their password with other employees. This will prevent cases of other employees using the other personÃ¢â¬â¢s computer. Identification problems may arise from the monitoring software. Inaccurate set up may cause wrong internet reports. The organization should be able to contact the software vendor to rule out any technical problems. The internet report may be generated by faulty software; hence it is necessary to visit the computer history for more information. A credible employer will not accuse the employees before establishing the internet abuse and getting the support from the computer and internet history. The information system department is actively involved in the monitoring and implementation of internet abuse policies within the workplace. Galletta and Polak (2003, p. 47) argue that empl oyees behavior on the internet vary from organization to organization. The level of indulgence in internet abuse depends on a personÃ¢â¬â¢s exposure to internet use. In line with Ozkalp (2010, p. 3), employees abuse internet because they have access and an opportunity to do so. Employees get cheaper online services during working hours hence they choose the affordable time. In some cases, employees use internet when they cannot be caught since they are anonymous. Moreover, the internet is convenient and employees find it easy to purchase at the comfort of their office. Employers may use the office internet if they spend a longer time in the office. Methodology Using literature review, this paper will discuss internet abuse in the workplace. Related and significant information on the forms and impacts of internet abuse have been discussed. This research used the literature to develop a questionnaire and distributed the questionnaires to employees at random in two organizations. The questionnaire survey results will be used to test the proposed hypothesis. The first organization was the State University in the Faculty of Arts. The faculty is congested and has the largest admonition. The second organization was a private organization in tourism industry. 212 respondents from the two organizations gave a feedback. 90 people were from the private organization and 122 were from the Public University. The 122 respondent represented a 70 percent return rate. 90 respondents were women and 122 respondents were men. Respondents below 30 years were 60 percent while the rest were above 30 years. 55 percent of the respondents were graduates. The questionnaire addressed work and non- work emails, browsing for academic purpose, using internet for general work, visiting new websites, applying for new jobs, online games, online gambling, updating status on face book, chatting, online shopping, travel bookings, online banking, downloading music and downloading movies. One of t he limitations of this paper is that it will not focus on the extreme form of internet abuse, which has been referred to as internet abuse addiction. Moreover, it will limit the conclusion to the findings based on this study. Findings In this study, majority of employees engaged in search for academic research was highest. Results indicated that non- work emails, new website visits, use of internet for general purposes, online banking were highest. This indicates that majority of the respondents were engaged in minor internet abuse during working hours. Visiting social media sites was also high. Very few employees used internet to search for new jobs and in gambling. In the case of gender, the findings revealed that women were more involved in sending non work emails, online shopping, chatting and surfing for general sites than men. The results also showed that there was no significant difference in the case of age. Education level showed a significant difference in the use of inter net. Those with a postgraduate degree demonstrated an increased use of internet for academic purposes and non-work emails than undergraduates. Graduate respondents also used the internet for internet banking and online shopping than respondents with high school education and below. Undergraduates had a higher level of internet use for banking than high school graduates. The number of post graduate respondents using internet for travel booking was higher than the undergraduates, while the number of undergraduates using internet for booking was higher than those with high school education. Those with high school education visited adult sites more than the undergraduates while the undergraduates visited the adult sites more than the postgraduates. Those working in the private sector used non- work emails less often than the public University. Status was reflected with high use of internet for online banking, online shopping, non-work email and general internet browsing were common for the high ranking employees. Junior employees were higher in chatting activities than senior employees. Minor internet abuse activities such as non-work emails, online banking, on line shopping were higher than serious internet abuse like gambling and visiting adult sites in the workplace. The findings correspond with the literature review that the employees use the internet in the workplace. Employees are careful to use less implicating internet sites at work, hence they would engage in internet abuse that is less incriminating. Those who engage in the criminal activities using the internet at the workplace believe they cannot be identified by the senior management. The monitoring software would be most effective for identifying such employees. An organization can define the internet abuse in the organization and design policies that will adequately curb the issue. Summary It is evident that the use of internet is indispensable in global business. The internet has increasingly enhan ced communication and aided in creating efficiency. EmployeeÃ¢â¬â¢s productivity has been affected by internet abuse in the workplace. Proper methods of controlling internet abuse will reduce internet abuse and employer liability in the workplace (Gupta 2004, p. 11). The internet has been abused by employees in the workplace. Majority of the internet abuse activities are minor. They include checking non- work emails, online shopping, online banking, chatting and surfing for general purpose. Employees avoid serious internet abuse activities such as accessing adult content, gambling and downloading movies or songs. Implementing an internet policy in the organization is a task that involves the top most leaders, directors, manager together with supervisors. The leaders should demonstrate willingness to adopt the policy. The implementation process could involve an internet workshop. The internet workshop will provide information on internet abuse and encourage employees to share their experiences openly. Outlining the unacceptable sites and giving an explanation will make foster the mission of the organization. The organization should create awareness on the sites that are inappropriate. Moreover, an example of an internet report can be given. During the workshop, the employees can be shown an example of an internet report. Information on when the internet report is used should be availed. Employees will be aware of their expectation after the workshop. When purchasing software for blocking selected sites, the organization should carefully select a vendor who can offer after sale service. Research on the consequences of internet abuse is scarce. Limited empirical literature exists on internet abuse. In future, research on implications of internet abuse in the workplace on the employees should be undertaken. Reference List Bondigas, A. (2012). Internet Abuse in the workplace. Web. Chen, J. V., Chen, C. C., and Yang, H. H. (2008). An empirical evaluation of Key fa ctors contributing to internet abuse in the workplace. Industrial Management Data Systems, 108, 1, 87-106. Edward, N.W. (1999). The Productivity Paradox: Evidence from Indirect Indicators of Service Sector Productivity Growth. Canadian Journal of Economics, 32, 2, 289-308. Galletta, D. F and Polak, P. (2003). An empirical investigation of Antecedents of internet abuseÃ in the workplace. 47-51. Retrieved from https://www.mendeley.com/catalogue/empirical-investigation-antecedents-internet-abuse-workplace/ Gupta, J. N. D. (2004). Improving workersÃ¢â¬â¢ productivity and reducing internet abuse. Web. Griffiths, M. (2010). Internet abuse and internet addiction in the workplace. Journal ofÃ Workplace Learning, 22, 7, 463 Ã¢â¬â 472. Lehr, B and Lichtenberg, F. (2000). Information Technology and Its Impact on Productivity: Firm-level Evidence from Government and Private Data Sources 1977-1993. Canadian Journal of Economics, 32, 2, 335-362 Mirchandani , D and Motwani, J. (2003). Re ducing internet abuse in the workplace: SAMÃ Advanced Management Journal, 68. Retrieved from https://www.questia.com/library/journal/1G1-98831088/reducing-internet-abuse-in-the-workplace Ozkalp, E., Aydin, U and Tekeli, S. (2010). A modern Workplace Phenomenon: Cyber loafing,Ã Implications and its place in the Labour Relations. Web. Thomas, S. (2012). Internet Abuse in the workplace. Web.
Monday, March 2, 2020
Daspletosaurus - Facts and Figures Name: Daspletosaurus (Greek for frightful lizard); pronounced dah-SPLEE-toe-SORE-us Habitat: Swamps of North America Historical Period: Late Cretaceous (75-70 million years ago) Size and Weight: About 30 feet long and three tons Diet: Herbivorous dinosaurs Distinguishing Characteristics: Massive head with numerous teeth; stunted arms About Daspletosaurus Daspletosaurus is one of those dinosaur names that sounds better in English translation than in the original Greekfrightening lizard is both scarier and more pronounceable! Other than its position near the top of the late Cretaceous food chain, theres not much to say about this tyrannosaur: like its close relative, Tyrannosaurus Rex, Daspletosaurus combined a massive head, a muscular body, and many, many sharp, pointy teeth with a ravenous appetite and puny, comical-looking arms. Its likely that this genus included a number of similar-looking species, not all of which have been discovered and/or described. Daspletosaurus has a complicated taxonomic history. When the type fossil of this dinosaur was discovered in Canadas Alberta Province in 1921, it was assigned as a species of another tyrannosaur genus, Gorgosaurus. There it languished for almost 50 years, until another paleontologist took a closer look and promoted Daspletosaurus to genus status. A few decades later, a second putative Daspletosaurus specimen wound up being assigned to yet a third tyrannosaur genus, Albertosaurus. And while all this was going on, the maverick fossil-hunter Jack Horner suggested that a third Daspletosaurus fossil was actually a transitional form between Daspletosaurus and T. Rex! Dale Russell, the paleontologist who assigned Daspletosaurus to its own genus, had an interesting theory: he proposed that this dinosaur coexisted with Gorgosaurus in the plains and woodlands of late Cretaceous North America, Gorgosaurus preying on duck-billed dinosaurs and Daspletosaurus preying on ceratopsians, or horned, frilled dinosaurs. Unfortunately, it now seems that the territory of these two tyrannosaurs did not overlap to the extent Russell believed, Gorgosaurus being largely restricted to northern regions and Daspletosaurus inhabiting southern regions.
Saturday, February 15, 2020
China Specialty Coffee Industry - Assignment Example It is evidently clear from the discussion that the existence and mere survival of an industry lie in its ability to effectively respond to the internal and external influences. It is irrefutable that business organizations' strategies mirror their unique responses to the external challenges and opportunities in the environment which, in turn, is facilitated by their internal resources and competencies. This paper will concentrate on the responses of the China specialty coffee industry to the various internal and external influences that it currently faces. Recognizing that this sector can be properly examined through the use of different strategic management tools, this report will be utilizing famous technique PEST Analysis for the external environment scanning. Meanwhile, the internal environment will be assessed through the identification of its various stakeholders through the Porter's Five Forces Model. The next section will focus on the Chinese specialty coffee market responses in the face of social and cultural diversity. This report will thoroughly examine the impact of the social and cultural trends in the industry's strategies while assessing the efficacy if their responses. Lastly, recommendations for improvement will be identified. Gaining the traditional recognition of being a tea country, marketers are aggressively and strategically transforming China into a coffee drinking nation. From its strong preference of" jasmine, oolong, green, black, and myriads of other fragrant teas the Chinese mainland is becoming more and more attuned to the rich flavor of the coffee bean, driven by the urban savvy rich and an increasingly wealthy middle class more receptive to Western taste". The current perception of coffee as a statement of fashion leads to the creation of the China coffee industry. Coffee consumption has always been associated with a cosmopolitan lifestyle which originated from the Western nations. Thus, the Chinese coffee market is largely concen trated in large cities like Beijing, Shanghai, and Guangzhou and is dominated by adventurous, young, open-minded, affluent, urban consumers.
Sunday, February 2, 2020
Electric and Magnetic Fields - Assignment Example The paper tells that the force of magnetism acts in a region around a moving electric charge or a magnet; this region is defined as a magnetic field. It is shown in Fig. 1. The magnetic field can be conceptualized in terms of magnetic field lines. The density of field lines determines the field strength, Magnetic flux is defined as the total number of lines of the magnetic field that pass through an area. Magnetic flux is measured in terms of Tesla meter squared (T Ã¢â¬ ¢ m2) another name for which is Weber (Wb). A magnetic fieldÃ¢â¬â¢s intensity can be expressed in terms of the magnetic field strength. A distinction can be technically made between magnetic flux density B and magnetic field strength H. Magnetic flux density is also called teslas (T) and is measured in Newton-meters per ampere (Nm/A) whereas magnetic field strength is measured in terms of amperes per meter (A/m). The density of magnetic flux reduces as the distance is increased from a straight line that connects ma gnetic polesÃ¢â¬â¢ pair around which there is a stable magnetic field. There is direct proportionality between the magnetic flux density and the current in amperes at a location in a current carrying wireÃ¢â¬â¢s vicinity. A piece of iron or some other ferromagnetic object when brought inside a magnetic field experiences a force known as the magnetic force which is directly proportional to the magnetic field strengthÃ¢â¬â¢s gradient with respect to the location of the object. In telecommunications, a measuring device known as field strength meter is used to measure the electric field that a transmitter causes. Magnetometers are the devices used to measure the strength of a magnetic field. Some important magnetometersÃ¢â¬â¢ classes comprise use of a rotating coil, NMR magnetometers, fluxgate magnetometers, SQUID magnetometers, and Hall Effect magnetometers.
Saturday, January 25, 2020
Buddhist meditation practices often emphasize mainly concentration, particularly on a certain person, place or thing. They teach the mind to focus on one point or object, which achieves strength of concentration. The results are peaceful states, and in some very rare cases are said to create supernormal powers. That is no wonder why many people steer in that direction, in hopes of achieving "superpowers". Insight meditation is quite different however, and although some degree of concentration is needed, the meditator focuses more on mindfulness of the situation. Insight is defined in the dictionary as "the capacity to discern the true nature of a situation". The basis of insight meditation is the four foundations of mindfulness. They include contemplation of the body, contemplation of feelings, contemplation of the mind-state and contemplation of mind-objects. To achieve mindfulness one must try to be aware of these foundations as they exist in their bodies. For example to be mindful of the body, it is necessary to be aware of breathing in, breathing out, posture, bodily movements inwardly and outwardly etc. One must be conscious of mind-objects such as desire, and understand hoe feelings like that come about and how they are eliminated. To understand mindfulness as simply as possible, one can look at the difference between an unmindful person and the opposite. Everyday we see people who are unmindful of their actions, unmindful of their movements. Someone on the street who steps into a large puddle is unmindful of walking, such as someone who slips and falls. The state of mind of this person is unclear and possibly confused. We can compare this to ourselves in everyday life. Almost everybody has moments of calmness and moments of panic in their lives. When we are calm and composed, our minds are bright and clear, and our actions involve more thought. If we were to take a long walk on a desolate beach, with not a single soul around, we would have a higher degree of mindfulness than say, a walk to the subway station. A walk along the beach is much more peaceful, thus easier for us to achieve that mindfulness. On the other hand most of us have experienced a time in our lives when we have been panic-stricken, for whatever reason. In those cases, are mind is cluttered, we cannot think clearly and make rational decisions. In a way we are separate from our mind
Friday, January 17, 2020
There has been an ongoing debate about the relationship between law and morality. Numerous writers and philosophers have proffered arguments on how law is affected by morality. The question it is believed is no longer if morality affects law, it is to what extent is law affected by morality? And should there be any limitations on the relationship between law and morality? The law and morality conflict has been persisting for many years. Both the natural law theorists and the positive law theorists would agree that there is a relationship between law and morality. The argument has now moved to what degree morality should play in law? The obvious indication that this has been laid to rest is HLA HartÃ¢â¬â¢s concession made at the onset of his book, Law, Liberty and Morality. He said that there is a definitive answer of yes, that historically and casually law has been influenced by morality. In his book Hart focused on the legal enforcement of morality and likewise this essay is concerned with that question. It is believed this is the only debatable divide between law and morality. The debate became a hot topic in the 1950Ã¢â¬â¢s after the creation of a commission to investigate and report back on sexual moralities. The commission led to the publication of the Wolfenden Report in 1957. The report at it outset defined the purpose of criminal law as: .. to preserve the public order and decency, to protect the citizen from what is offensive and injurious and to provide sufficient safeguards against exploitation and corruption of others especially the vulnerable, that is the young, weak in body or mind, inexperienced or those in a state of physical, official or economic dependence. The Law should not intervene in the private lives of citizens or seek to enforce any particular pattern of behaviour further than necessary to carry out the above purpose. Before embarking on the discussion proper, a definition is required for morality and for what law is. Morality according to the Merriam-Webster online dictionary is (a) a doctrine or system of moral conduct; (b) particular moral principles or rules of conduct; or (c) conformity to ideals of right human conduct. Law on the other hand is defined as Ã¢â¬Å"a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by controlling authority. Ã¢â¬ That is morality is not enforceable by its definition while law is. Moralities are normative rules applied to a society or a sub-group of society that does not bind them in a court of law. The only enforceability of morality by its definition is from the group applying peer pressure. There are two main schools of thought in this divide between law and morality, the natural law theorists and the positive law theorists. The natural law school bases much of their ideas of law in their religious beliefs or other transcendental force such as nature. While positivists argue that law has no necessary basis in morality and that it is simply impossible to assess law in terms of morality. Opposition Supporters of the legal positivist school, such as Hart and Mills, purports that law should be in a different sphere from morality. Utilitarianism, a subgroup of the positivism, believes that laws should only serve for the maximization of utility or happiness for the majority. John Stuart Mills said that instead of society imposing morality on members of a society, the individuals should be free to choose their own conduct. UtilitarianÃ¢â¬â¢s are not concerned with the morality of law. They believe that law should only play a minimal role in an individualÃ¢â¬â¢s life. Persons should be free to do whatever they want as long as it does not harm another. This is referred to as the Ã¢â¬Ëharm principleÃ¢â¬â¢. Mills said Ã¢â¬Å"the only purpose for which power can rightfully be exercised over any member of a civilised community against his will is to prevent harm to othersÃ¢â¬ . Mills went on and said that not even for the individualÃ¢â¬â¢s own good should such power be exerted. This argument is rebuttable in that not because there was no immediate physical harm to another, there was no harm. It could be argued that someone taking drugs or proliferating pornography causes ripple effects that may result in harm to others. Pornography promotes women as sexual objects and thereby promotes sexual violence against women. Drug users, by their combined effect, have led to the growth of large underworlds that not only supply drugs but commits direct victim crimes such as murder. If Mills theory is to be adhered to, this would mean that even in a situation of explicit sadomasochist sexual practices that could result in the injury to participants, the law should not get involved to prevent harm. This is because the individuals consented to such acts and no one will be harmed except the willing participants. In this light R v Brown would have been decided incorrectly. Hart said that the judges in Shaw v DPP, where the defendant was convicted for conspiracy to corrupt public morals after publishing a booklet containing details of prostitutes and their sexual practices, Ã¢â¬Å" seemed willing to pay a high price in terms of the sacrifice of other values for the establishment or re-establishment-of the court as custos morum. Ã¢â¬ The value Hart was referring to is the legality principle of Lon Fuller. He was suggesting the ruling made the law imprecise and thereby itself immoral. Fuller suggests that for law to be moral there must be eight elements referred to as the Ã¢â¬Ëinner morality of lawÃ¢â¬â¢ or Ã¢â¬Ëprinciples of legalityÃ¢â¬â¢ or Ã¢â¬Ëprocedural natural lawÃ¢â¬â¢. The eight elements are generality, promulgation, non-retroactivity, clarity, non-contradiction, capability of compliance, constancy and congruence. These elements Fuller suggests are what a good legal system should aspire for but no one system has or is expected to perfect all elements. However, significant lack of these elements may mean that a system is an immoral legal system and could support tyranny. Fuller said that tyranny is a result of the break down of the internal morality of law and was the case in Nazi Germany. Hart made that very connection between the principles of legality and tyranny when he suggested that there was no adherence to the principles of legality in Shaw v DPP and by extent was in itself immoral law. The central problem with morality is whose morality is the right morality to enforce. Nazi Germany is the best example of law enforcing morality. This is why caution must be used with the continued growth of the court making moral judgements and pronouncing itself as the custos morum. Hart said that there are several flaws with the use of law to enforce morality and if no such enforcement exists it would not necessarily lead to the disintegration of society. He said that society can support several different and sphere of morality. What is considered moral in one country is not necessarily the same in another. On a smaller scale, what is considered moral in one religion within a country may not hold true for another, yet they can exist in relative harmony through mutual respect. He also said that by using law to enforce morality will result in the stagnating of morals in time. It is evident that morality changes with time and what was immoral years ago would not be immoral today. Sometimes the existing laws do not match changes in societal. In the case R v R, where a husband was charged with attempted rape of his wife, the existing law at the time was outdated in respect of the current moral standards of society. If the courts had followed the law as was, they would directly contradict the will of society and the husband would not have done anything illegal. In that case the court made a value judgement, one based in morality to adapt to the change in the morality of society and found that a husband could in fact rape his wife. This case demonstrates the role morality plays in law. If courts did not have any moral basis, then this may lead to disconnect between the law and society. In R v R the courts had a choice either observe an immoral precedent or to adapt itself to the changing morality of the society. Although the judges may try to propound that they only declared what the law was, this judgement is one on moral basis. Should the judges have followed the law at the time that a man cannot rape his wife? WouldnÃ¢â¬â¢t that have led to an infringement on the womanÃ¢â¬â¢s individual right? Are judges the right people to expound morality? Supporters The idea that morality has no place in law has been refuted by many theorists such as Hyman Gross and Lord Devlin. Gross contended that Law and morality are one and the same. Laws are inherently moral and that is why acts like murder, rape and theft have been made illegal. Law and morality cannot be separated as the society creates law based on the foundation that the behaviour being address has to be immoral or undesirable by the reasonable man. The problem with this view is that this cannot explain acts that are prohibited by law but not immoral or the reverse. Sex outside of marriage brings a very strong social scourge but no one believes that adultery rise to the level for legal reprimand. Devlin argued that there is an underlying moral web that keeps society together and it should be protected by law. His approach has some aspect of social contract theory, which suggests that everyone in society is there by agreement. He said that to exist in a society there must be some general principles that members have a consensus on. It could be said to be analogous to a family. In a family there may be several different personalities, but what keep them functioning like a unit is that there are underlying similar values that act as a cohesive bond between members. Devlin said in Ã¢â¬Å"The Enforcement of MoralsÃ¢â¬ (1959) that: Ã¢â¬Å"Societies disintegrate from within more frequently than they are broken up by external pressures. There is disintegration when no common morality is observed and history shows that the loosening of moral bonds is often the first stage of disintegration, so that society is justified in taking the same steps to preserve its moral code as it does to preserve its governmentÃ¢â¬ ¦ the suppression of vice is as much the lawÃ¢â¬â¢s business as the suppression of subversive activities. Ã¢â¬Å" Former Minister of Justice of Jamaica, Senator Harding, in his speech at the inaugural lecture at the Institute of Law and Economics said it would have been helpful if Lord Devlin had provided examples of some modern societies which have disintegrated because of the loosening of moral bonds. And it might be a better thing for some societies to disintegrate by loosening its moral bonds. Nazi Germany comes to mind; those societies disintegrate from within more frequently than there are broken up by external pressuresÃ¢â¬ ¦ Devlin said that it is morals that hold society together and should therefore influence the development of law. He goes further and said that even if private acts are considered to create sufficient public disgust, that is if the Ã¢â¬ËreasonableÃ¢â¬â¢ man finds this act so unacceptable then it threatens the moral fabric of society and should be subject to criminal punishment. He describes a limit of tolerance as to how much of an immoral act society or the reasonable man can tolerate. Once society passes this limit then something must be done to intervene. Lord Devlin did not suggest that it is all immorality that should be sanctioned. He suggested that the ones that bring Ã¢â¬Ëright-minded manÃ¢â¬â¢ to disgust should be. It is not believed that Devlin was out of touch with the state of developing individual liberty. It is how far those individual liberties will be allowed to infringe on the general public morality and liberty? There needs to be a balance between the individualÃ¢â¬â¢s right and the general publicÃ¢â¬â¢s. Lord Devlin asked if society has the right to make judgment on individual morality. He answered yes, and this seems to be the accepted approach in R v Brown and Shaw v DPP. There is no where in the past were law has developed in an abstract. Law has developed along with the social changes as R v R Devlin also proposed a guideline for the implementation of statutes. He supported individualism and suggested that persons should have the maximum amount of freedom to do as they wish, except when it conflicts with the societyÃ¢â¬â¢s integrity. He also said that law should only be created to sanction behaviours that are gross, not just merely immoral. And finally, the law should only set the minimum basic standards expected of individuals. Conclusion Morality is important to the integration of society and if the mythical social contract theory has any weight it is in fact as Devlin suggest the web that holds it together. However, it can also be dangerous and may also be the underlying reason for actual disintegration of society as in Nazi Germany. There is no correct answer or side. The answer rest in the balance: the balance between the individual right and that of society, the balance between the positivist and the naturalist, the balance between the heterosexual and the homosexual. The individual should have the right to do as he feels but there has to be limitations. The extremes of either side of the debate are the danger zones but the answer lies in the indefinable, undiscoverable shadows of the gray that rest between the divide. Bibliography 1. MDA Freeman, Introduction to Jurisprudence 8th Edition (Sweet & Maxwell) 2. Http:sixthformlaw. info/01_modules/other_materials/law_and_morality_/08_hart_devlin. htm 3. HLA Harts, Law, Liberty and Morality (University of Stanford Press) 4. Dwight Bellanfante, Ã¢â¬Å"Keep the law out of Gays BedroomÃ¢â¬ (The Jamaica Observer October 31, 2004). 5. Elliott & Frances Quinn, English Legal System 11th Edition (Longman-Pearson, UK), 6. Ã¢â¬ËCriminal LawÃ¢â¬â¢, Clarkson and Keating, (Sweet & Maxwell), 2007 7. Gary Slapper And David Kelly, The English Legal System 11th Edition (Routledge, UK) Page Ã¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬âÃ¢â¬â [ 1 ]. Law, Liberty and Morality, H. L. A Hart, Stanford University Press, 1963. Page 1 [ 2 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Page 657 [ 3 ]. http://www. merriam-webster. com/dictionary/morality, accessed 20th October 2010. [ 4 ]. http://www. merriam-webster. com/dictionary/law, accessed 20th October 2010. [ 5 ]. Gary Slapper And David Kelly, The English Legal System 11th Ed (Routledge, UK) Page [ 6 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Pg 655-656 [ 7 ]. Law, Liberty and Morality, HLA Hart Stanford university Press, 1963, page 3 [ 8 ]. Ibid [ 9 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Page 656 [ 10 ].  2 All ER 75 [ 11 ].  2 W. L. R 897 [ 12 ]. Law, Liberty and Morality, HLA Hart Stanford university Press, 1963, page 7 [ 13 ].  2 W. L. R 897 [ 14 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Ed (Longman-Pearson, UK), Pg 658 [ 15 ]. Ibid [ 16 ].  1 A. C. 599 [ 17 ].  1A. C. 212 [ 18 ]. Ã¢â¬ËCriminal LawÃ¢â¬â¢, Clarkson and Keating, sweet & Maxwell, 2007 [ 19 ]. Ã¢â¬ËKeep law out of gaysÃ¢â¬â¢ bedroomsÃ¢â¬â¢ says Harding, Dwight Bellanfante, Observer staff reporter Sunday, October 31, 2004 [ 20 ].  1A. C. 212 [ 21 ].  2 W. L. R. 897 [ 22 ].  1 A. C. 599 [ 23 ]. Catherine Elliott & Frances Quinn, English Legal System 11th Edition (Longman-Pearson, UK), Page 658.
Wednesday, January 8, 2020
ACA 122 has taught me a lot over the course of my spring semester. One thing it taught me was how the Ã¢â¬Å"college transitionÃ¢â¬ was going to be. ACA 122 allowed me to get a glimpse of the college life. ACA 122 has also prepared me with knowledge and a greater understanding on how to prepare and transfer to another university. ACA 122 allowed me to explore more into my career pathway and go more in depth into my college pathway through the Ã¢â¬Å"MAPÃ¢â¬ assignment. My transition to Isothermal Community College has been really good; Although I am still a high school student and have not had to go on campus, I still have been able to be apart of a college community. It has allowed me to better prepare myself, for when I actually sit in a college environment through time management skills with class work as well as homework and how strict the professors are. IÃ¢â¬â¢ve had to use time management to be able to manage all my classes work, so I could turn in my homework on time. 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