Wednesday, May 6, 2020
The Overwhelming Legacy of Napoleon Bonaparte Free Essays
The legacy of Napoleon Bonaparte began in 1793 and continues to this day. Although the French general Napoleon left France smaller than it originally was at the beginning of the Revolution in 1789, he was widely respected during his lifetime and thereafter. Napoleon Bonaparte produced an everlasting imprint on the history of Europe as a result of his great military genius, development of political ideas, and the remodeling of French law. We will write a custom essay sample on The Overwhelming Legacy of Napoleon Bonaparte or any similar topic only for you Order Now At the root of Napoleonââ¬â¢s success lay his military genius. Much of Napoleonââ¬â¢s military genius comes from his studies of historyââ¬â¢s finest commanders. Of these influences on Napoleon were Alexander, Caesar, Hannibal, Gustavus Adolphus, Turenne, Eugene, and most of all Frederick the Great. Napoleon used Frederickââ¬â¢s strategies and adapted them to his own tactical system (Chandler 70). Napoleonââ¬â¢s military tactics were based around the corps dââ¬â¢ armee, a small army containing the elements of cavalry, infantry, and artillery. The most important advantage of the small army was its capability of fighting alone for a long period of time against superior enemy forces until help could be attained (Chandler 79). With speed, good order, and carefully maintained formations, a successful cavalry was developed. Every type of cavalry was placed in one of three categories, each with specific tasks. The heavy cavalry used their size and weight to create holes in the enemies line of battle. The cavalry of the line was expected to protect lines of communication and carry out raids. The light cavalry was mainly used for pursuit and to explore areas in order to gain military information (Chandler 94). Napoleon was the first general to employ cavalry simultaneously to conceal his main troop movements and to recognize the front. The foot soldiers of the infantry were the backbone of Napoleonââ¬â¢s army (Chandler 97). The infantry marched in a column up to the attack instead of a line. This column was more maneuverable than lines, and could swing into a flexible alteration of columns and three-rank lines (Herold 97). Eventually, Napoleonââ¬â¢s enemies were influenced by these grand tactics. The enemy reformed and devised countermeasures that proved to bring down Napoleon (Chandler 69). Boldness, the hallmark of the Napoleonic tactics, influenced warfare for a century. Napoleon Bonaparte carried through a series of reforms that were begun during the Revolution. He established the Bank of France, which has continued to function, more or less unchanged, up to the present time, as a national bank and as the source of the French government for currency, public loans, and the deposit of public funds (Thompson 169). In addition to the influence on Banks, Napoleon also reformed the education system. The present secularly controlled French educational system was begun during the Reign of Terror and completed by Napoleon. A corporation, known as the University of France was organized. The University was responsible for seeing that all education (including private), would turn out citizens to be attached to their religion, ruler, and family (Cronin 204). Primary schools were reopened with priests as teachers, but Napoleon gave most of his attention to secondary schools, where he changed the curriculum to allow early specialization. At age fifteen, a boy chose to study either mathematics and history of science, or classics and philosophy (Cronin 204). This system of education still remains in France. One of Napoleonââ¬â¢s greatest constructive works lies in the remodeling of French law. The Code Napoleon, although established by Napoleon about 200 years ago, has had lasting effects and influences to this day. This remodeled the entire body of French law, and is contained in five codes dealing with civil, commercial, and criminal law. The civil code established the citizens right to equality before the law, religious toleration, the inviolability of property, and the superior place of the father in a family. The commercial code reordered every part of industrial and agricultural life. It brought about full employment, more stable prices, and a balance of trade. The criminal code set up a superior system of circuit judges, but rejected the idea of juries (Chandler 104). As a result of the Napoleonic conquests, the code was introduced into a number of European countries, notably Belgium, where it is still in force. It also became the model for the civil codes of Quebec Province, Canada, the Netherlands, Italy, Spain, some Latin American republics, and the state of Louisiana. Napoleonââ¬â¢s influence is evident in France even today. His spirit has spread throughout the constitution of the Fifth Republic. The countryââ¬â¢s basic law is still the Code Napoleon, the administrative and judicial systems are essentially Napoleonic, and a uniform state-regulated system of education persists. Napoleonââ¬â¢s reforms in all parts of Europe cultivated the ground for the revolutions of the 19th century. Today, the impact of the Code Napoleon is apparent in the law of most European countries. Napoleon Bonaparte, who once studied the greatest commanders to have lived, could now find himself recognized along with those same great names. How to cite The Overwhelming Legacy of Napoleon Bonaparte, Papers
Sunday, May 3, 2020
Dark Social Business Concept
Question: Discuss about the Dark Social Business Concept. Answer: Introduction: Recently I had the good fortune of meeting with two of the most disadvantaged groups in Singapore - visually impaired people group, Dialogue in the Dark, and migrant workers group, Migrant Workers Centre. I say "good fortune" as I feel that I was blind and at a disadvantage before I met with them. I was unaware and ignorant about how discriminatory and biased our actions and behaviour are towards such people. The experience opened my eyes, and I wish everyone gets a taste of this situation at least once in life and understand what I am today.Dialogue in the Dark is a social business concept that employs visually impaired people to guide regular people in experiencing daily chores and activities conveyed in the way blind people experience things. On the other hand, Migrant Workers' Centre works with migrant labourers to champion fair employment practices. I had little experience or knowledge about interacting with differently able people. I had heard a lot of stories about such individuals in the confines of a room, never getting to see for myself the impossible feats they perform. I appreciated the opportunity I received of interacting with them, but was sceptical about how it would turn out or how I would fare. Our general perception about blind people is set - they should be pitied; they are dependent, helpless and can't take part in or contribute anything in the society. I thought in the same way. However, five minutes in the meeting with the team of visually impaired guides at Dialogue in the Dark (DID), and my whole outlook changed. I visited the centre for one of their exhibition tour and my life changed, literally. We live in our conscious mind, subduing the subconscious. We interact with our surroundings with the help of one or two sense at the time, while the other senses remain at rest in the background. Our sight is our ke y sense, and withdrawal of that handicaps us. However, a tour with the DID team challenges this perception and showed me that there is more to life than sight. Our daily petty actions and environments received a different dimension altogether on the tour. I understood that without our sight also we can perceive our surroundings and experience the changes that happen. In terms of DID's contributions to the society and the visually impaired community, they do a pretty good job. The blind guides were so optimistic and straight forward about their life and imperfections. The founder Andreas Heinecke had this concept that taking away the light from regular people for a while would make them more aware and appreciative about the amazing things a blind person can experience and be capable of. The exhibitions, workshops and other cultural activities all progress with the idea that a blind person can experience life just like anyone else. They are not different and they have the potential to grow into an accomplished individual. The interactions at the exhibition were real, as if I am a part of my real world only, listening to the honking of cars, chattering of people, chirping of birds, the smell of smoke, baked goods wafting in with the cool autumn breeze, while I'm walking on a pebbles street. I never imagined the interaction to be this real. One thing I understood very clearly. These people are at a disadvantage, and are discriminated against in every way possible. Prejudice and discrimination against blind people is pretty widespread, and we all are the perpetrators. They do not get equal access to every facility existent, like education, job market opportunities and so on. Even I thought the same that visually impaired people cannot contribute anything to the society and they need constant backing. Our society and elements in it follow some rules. However, none for the differently-abled. In addition, the rules are not even Bender or adjusted at times and the person has to face discomfort. Not protesting against that made me ashamed of myself. Our education, right to express and other basic human rights are applicable to all, still discrimination happens, we do it. Not providing education is a heinous act - it's a fundamental need. By not getting access to that such people are unaware of their society and surroundings, ignorant of what is out there in the world - and they have a right two know. Before I went to MWC (Migrant Workers' Centre), I used to think it was easy for the migrants to come in to our country and get a job easily. I was in a misconception that they received huge amounts of wages because of their skills and are a burden on the economy because of their generation of low income taxes. Like everyone else I had the misconception that migrant workers live off the tax payed by the citizens. I even thought that they had no I intention of accepting the rules and culture of the countries where they migrate to. It is also widely believed that migrant workers take away the creamy later of the job market, leaving locals to take up menial jobs. The visit to MWC changed this perception of mine. Migrant workers are not disposal tools. They are a part of our economy, contribute to it and they deserve the recognition. They are responsible for filling in the declining sectors of the economy and bringing in revenue. They contribute enormously to labour market flexibility, taxes and other social contributions. Their contributions can be seen in the boost on working age population and the skills they bring in as human capital for the host country. These workers allow the government to invest into positive and productive endeavours. As an example we can consider a clerk, who takes care of the paperwork for a doctor, in turn freeing the doctor to attend to more patients. Thus, an economic value is created from the joint efforts of both the clerk and the doctor. Child care providers free working mothers, construction labourers freeing up engineers to attend to more projects and similar contributions substantially help in the development of the economy overall. They perform jobs local s would not. They put in effort to mix with the society and learn the practices existent. Giving them residency would bring in more sales, in turn creating larger economies of scale. It brings in more positive aspects for the consumer and economic benefits for the society. They are the base on which we all depend. Migrant workers are the victims of less wage, false promises of jobs and slavery. Some even commit suicide due the debts they incurred for getting the work permits. They are threatened, abused and forced into slavery by showing them the fear of deportation. They receive no entitlement to residency, and are dealt with the feeling of being in a place where they are not supposed to be. They pay all kinds of taxes, income, sales tax, payroll tax and sometimes even the brunt of those taxes aimed at the effluent. Companies compensate the brunt if higher taxes by reducing wages and increasing prices. It has a disproportionate impact on the migrants and lower investments take place, in turn reducing number of jobs and slow salary increment. These workers pay a huge amount of corporate taxes because their loss wages account for a significant amount of corporate tax payment by their employers. Big economies hurt the poor migrant labourers the most. However, their significant contribution to th e economy is overlooked or superfluously treated. The funny thing is, some corporate offices pay good-for-nothing people to do nothing, instead of employing a migrant, who would be willing to do it and get the job done, because of misconceptions about their lot. Some low-paid migrant labourers from MWC said they are housed in stuffed condominium, illicitly I should include, with rather unsanitary conditions in view of the shortage of reasonable rental lodging in Singapore, which is a result of the administrations deliberate arrangement of advancing lodging possession, and lodging as a venture resource. Lawful requirement against such lodging code infringement, might I say, has not been extremely vivacious. They have a low pay in light of the fact that there is an oversupply of labourers and in the event that they need to gripe, they will be kicked on the grounds that foreign workers are effectively replaceable. Conclusion: From these two experiences, I have understood that both these groups need improvement in their treatment from the society. For the disabled, they need recognition as human beings, fair treatment and respect, unbiased evaluation and promotions. They must be offered customized trainings so that they know whats happening and dont get treated in a demotivating way. They need a support channel of their own, that can cater to the issues they might face. They need more projects that support their cause, at the same time encouraging, identifying and collaborating with them in every way possible. For the migrant workers, strict protection laws must be implemented so that they dont get exploited or maltreated. They require equal treatment and opportunities, safe working environment, memberships, social security, accommodation and other legal benefits. After all, they are a part of the developing economy.
Friday, March 27, 2020
Consequentialist theory of punishment Essay Example
Consequentialist theory of punishment Essay This essay is going to concentrate on the second type of modified consequentialism: Societal Defence. The underlying problems produced by the consequentialist theory of punishment have proven short-lived within the modified theories of consequentialism. The pure consequentialist theory provides four main concepts in which it acts to punish an individual who has committed a crime. The concepts cover incapacitation, deterrence, reform and rehabilitation. According to the modified consequentialist theory, punishment is used as a deterrent upon the individuals use of threats or physical force in defence of her/himself or others1. Farrells describes this idea that punishment is essentially a matter of self-defense2. The discussion in the section concentrates on the fact that threats of harm is used as a deterrent, and the possible consequences of severe punishment are inevitable if it is disregarded. Relating back to the question, we can see that even though there are problems within the pure consequentialist theory of punishment. The modified theories have not ascertained the extent of the problems, which it needs to be adhered to. Presently we can see that the pure theory has the main concepts (as seen above) that it uses in order to punish an individual. By using these forms of punishment it has not been able to proportion the severity of crime in relation to the crime itself. By deterring future crimes it was not able to sustain the original concept of why it was formed. Its original aim which was to deter future crimes had a minimal effect as some forms of punishment were failing. Rehabilitation is a form used that has raised many criticism as to its effectiveness. We will write a custom essay sample on Consequentialist theory of punishment specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Consequentialist theory of punishment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Consequentialist theory of punishment specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Martinsons view clearly demonstrates this, with a few isolated exceptions, the rehabilitative efforts that have been reported so far had no appreciable effect on recidivism3. There has been little change in criminals re-offending again as the rehabilitation process does not seem to operate as it should in minimising re-offending behaviour. Originally established to cure the individual and reinstate them back into society. It has been scrutinised as it only concentrates on the individual and does not consider external factors like their background and social standing. Punishment should be in the form of inflicting the individual not helping the individual to overcome his unmoral sub-standard in society. This in turn did not give adequate punishment to offenders who deserved proportionate sentencing. An offender does not merely require to be adjusted to conform back into society, but also needs to have appropriate sentences given to them which they deserve. The rehabilitation process has proven to be unsuccessful time and time again, and in return crime rates have increased instead of declining4. The pure theory has no doubted failed to uphold its purpose in preventing offenders from committing crimes. This seems to be one of its biggest downfalls in relation to the prevention of crime. The consequentialist approach does try to intervene on this issue by adjusting its approach in concentrating punishment solely on the offender, by redirecting pain to fall on the offender. It still does not completely remove the issue of being proportionate to the crime committed. Farrells concentrates on deterring the individual defensively and not by using them as an example to society. Originally deterrence was a means to prevent offenders from re-offending, but by the offenders being guinea pigs their sentence was not proportionate to their offence. The public is perceived not to commit a crime if the sentence is extremely harsh, as explained by Clarkson: The punishment of the offender is aimed at the public at large in the hope that the example and threat of punishment will deter them from crime5 From this we can see that individuals are being treated unfairly as they receive disproportionate sentences for the crime they have committed. This theory of deterrence has shown to be unsuccessful as it does not justify the sentences essentially being handed out. Individuals in this sense are normal citizens who up-hold the law and abide by it. The offenders are criminals intent on causing harm and disturbing the peace. Farrell tries to modify this theory by raising the issue of self-defence in relation to deterring an offender. In order to deter an offender, threats of harm has to be posed at them. Before the offender can commit an offence aimed at the individual there has to be communication of a threat, of what will occur if that offender continues his offensive act. The state is removed from this notion of deterrence and the weight is shifted to the individual. The individual has to communicate an effective threat or warning to the offender if they are seen to possibly commit an offence upon them. For the threat to be perceived to be valid the individual must act on his threat, otherwise the credibility of the threat proves to be invalid. In other words the proposed victim threatens the attacker, as the attacker ignores the threat the victim must carry out the original threat made and impose it on the attacker. This theory differs greatly from the pure consequentialist theory of punishment as it is the individual who acts in self-defence before an offence upon them, and not the state in relation to an offence that has occurred after-wards. Farrells consideration of deterrence in this matter means that it acts more justifiably. Compared with the original deterrence concept, where there was no proportionality in relation to the crime committed and sentence received. The offender according to Farrell, essentially knows the outcome of his actions and can perceive the threat fully. By knowing what they will receive in committing the particular act, means that distributive justice is more apparent in this context. He shows us this by saying: self-defense is typically a matter of the distribution (or redistribution) of harm, or of the probability of harm, and hence that the justification of self-defense must at some level involve, even if only implicitly, an appeal to considerations of distributive justice6 This theory evidently makes the offender aware of the out-come and unlike the pure theory gives them a proportionate punishment. Another issue which this theory aims to rectify is that it tries to place the burden of evil on the offender. This new concept provides the offender to rethink his actions much more clearly. Crimes usually happen without any coherent thought. This provides the offender to be controlled in a way as he is made much more aware that there is a definite retaliation measure in force if they proceed with the offence. Before it was a matter for the criminal to be apprehended, as they would think that there is a chance they will not get caught. This on the other hand provides a definite course of action by the individual, making it clear that retaliation will take place by providing the threat. According to Farrell this places the burden of evil on the perpetrator making it less desirable to commit the offence. Ultimately Farrell does this by ensuring appropriate proportionality is sustained throughout the handing out of threats used. Maintaining a thorough degree of proportionality was the main problem in the pure theory of consequentialist punishment. Farrell sees to this by maintaining a balance of the threat used to keep the offender from committing the offence. He does this with the use of limits, in that a certain level of threat is used in proportion to the offence about to being occurred. He says: limit depends entirely on the contingent features of each case: as long as one does not threaten in order to deter the relevant harm, one has not threatened too much7 By this he means that in order to deter someone from committing a certain offence a certain degree of threat should be used in proportion to it. One cannot threaten someone who is about to steal for example with death as it will not be appropriate or proportionate. A justification of enforcing that threat also needs to be paid attention to as a threat not undertaken will lead the offender in thinking that the proposed victim is merely trying to call his bluff. Not enforcing a threat can mean continuous re-offending by the perpetrator who will just ignore all threats made and continue with their offence. An enforcement of a threat needs to be justified in the first instance, as a threat to take someones life if they try and kill you is a threat none the less. A failed attempt by the offender would mean carrying out the threat and the problem arisen here is if it is justified to carry out the threat. This poses a problem within this theory as self-defence would mean literally that, which you should defend yourself. By using a threat to deter an offender, in stating for example that you will kill him if he tries to kill you. This would mean that if the offender tries to kill you but fails, is it justifiable to proceed with your original threat of killing that individual. Here lies the problem of how far self-defence can proceed, in order to protect oneself, one may have to kill to preserve their life. Explained more coherently by Montague he provides: Aggressor is the only one who can prevent himself from being killed by victim, and he can do so only by killing victim; and aggressor can kill victim without killing anyone else8 Here the explanation is that the victim can fight back but the aggressor has no right in the first instance to cause harm to the victim. Thus going back to Farrells theory that in order for threats to prevail one must see to it that they uphold their threat and complete it. Farrells concept of an automated retaliation device only goes so far in causing as much harm as was intended by the offender to cause. This itself causes problems as to the extent of exercising an individuals power. It is impossible to assess limits imposed on an offender given to by an individual. The law cannot control the extent of harm that is going to be caused by the individual to the offender. If the individual carries on his threat in retaliation to an attack and kills, the question of whether or not he/she is liable to that particular offence arises. We can see that even though the pure consequentialist theory of punishment has its fair share of problems, theorists still find it hard to overcome this. By showing that rehabilitation has proven cumbersome in that it has failed to prevent offenders from re-offending. It has nonetheless tried to reform the individual without proving successful. Offenders are re-offending without taking heed to the fact that it is a form of punishment that should be taken more seriously. More external factors should be taken into account when trying to rehabilitate the offender as it is the persons social background as well as themselves that need to be paid attention to. From the deterrence point of view we have noted flaws in that system also. By handing out severe sentences there has been an increase in crime. As offenders tend to effectively weaken the system by taking advantage of the fact that others are handed out disproportionate sentences and they are not. There is an increase of what seems to be inhumane in relation to this. Rights of offenders are being infringed as they are not being treated fairly. Even though crime has been committed and sentencing has been passed it is not proportionate to their overall crime. Theorists have tried to overcome this issue by suggesting that alternative methods of deterrence should be used but this still does not address the complete issues and flaws within the system. By using forms of threats it is difficult to ascertain the level needed in proportion to deter an offender from offending. Farrell has tried to overcome the issue of deterrence. He has not done this successfully as more problems have arisen within his own theory. The problem of the amount of threat or warning that a person needs to convey cannot be justified fully, as the person also needs to carry out their threat. The use of a automated retaliation device theory in itself was trying to cover the problem of proportionate punishment. Farrell did accomplish this to the extent that there needed to be a proportion of punishment in relation to a crime committed. Punishing the offender no more than was necessary according to the crime, meant that proportionality was restored. This increased the other then problems of justifying the distribution of harm, which was a threat initially, meant that a person had to see it through. To conclude we can see that theories of consequentialism have failed to overcome the enduring problems created by the pure consequentialist theory of punishment. The problems of pure consequentialist theory have been in some aspects been able to be resolved by theorists. This has not meant that all of the theory has been resolved, there has now been an addition of more problems within the new theories themselves. The enforceability of deterring attackers and using a much more enhanced way of self-defence has meant that there could be a thin line between criminals and citizens. In that someones perception of an attack will be different for each individual. Some individuals will essentially take an offender (who in the future) attacking them, may perceive an assault to be one that requires the person to be put to death. In this example there is no real way to assess the amount of punishment which is sufficient to deter an attacker through the use of a threat.
Friday, March 6, 2020
Free Essays on Why People Need Religion
Philosophy and Religion: Questions and Answers Philosophy and religion have existed for centuries. Even in todayââ¬â¢s technologically advanced environment, there are still many questions about life and its meaning. Humans want to know the basic who, what, when, where, why and how of life. Who created the earth, the universe, and the rest of existence? Is there a right and wrong; if so, what is it? When did it begin and will it ever end? Where does the universe end and do we go anywhere after we die? And of course, why are we here? At some point in each individualââ¬â¢s life, he or she will ponder these questions. For each philosophical question, there are many religious answers and explanations. It seems as though thatââ¬â¢s where the desire for religion comes from. However, with so many different answers to the same questions, how is anyone to know what the right answer is or if there is one at all? Nonetheless, people cling to religion for the solutions is provides. For every problem religion offers not only the reme dy, but the hope that one can chose their own destiny based on how they live their lives. In times of great desperation or need, many people as God (or another deity/deities) for help. However, the God that one person asks for help may be quite different than the God the next person turns to. This belief in something omniscient and omnipotent gives people a sense of security . The all-powerful parental figure is often attributed with creation and the eternal question of who is in charge here? This philosophic question of what could possibly be responsible for all of creation, goes back to the beginning of time . Some do no believe in one single God, but many deities that work in harmony to maintain a world order that people have become accustomed to. This world order includes the laws of science and nature that many people take for granted and rarely question. Humans find comfort and security in this order. They want to ... Free Essays on Why People Need Religion Free Essays on Why People Need Religion Philosophy and Religion: Questions and Answers Philosophy and religion have existed for centuries. Even in todayââ¬â¢s technologically advanced environment, there are still many questions about life and its meaning. Humans want to know the basic who, what, when, where, why and how of life. Who created the earth, the universe, and the rest of existence? Is there a right and wrong; if so, what is it? When did it begin and will it ever end? Where does the universe end and do we go anywhere after we die? And of course, why are we here? At some point in each individualââ¬â¢s life, he or she will ponder these questions. For each philosophical question, there are many religious answers and explanations. It seems as though thatââ¬â¢s where the desire for religion comes from. However, with so many different answers to the same questions, how is anyone to know what the right answer is or if there is one at all? Nonetheless, people cling to religion for the solutions is provides. For every problem religion offers not only the reme dy, but the hope that one can chose their own destiny based on how they live their lives. In times of great desperation or need, many people as God (or another deity/deities) for help. However, the God that one person asks for help may be quite different than the God the next person turns to. This belief in something omniscient and omnipotent gives people a sense of security . The all-powerful parental figure is often attributed with creation and the eternal question of who is in charge here? This philosophic question of what could possibly be responsible for all of creation, goes back to the beginning of time . Some do no believe in one single God, but many deities that work in harmony to maintain a world order that people have become accustomed to. This world order includes the laws of science and nature that many people take for granted and rarely question. Humans find comfort and security in this order. They want to ...
Wednesday, February 19, 2020
Offer and acceptance in english contract law Essay
Offer and acceptance in english contract law - Essay Example The agreement is one of the fundamental elements of a valid contract. It depicts the coming to terms of the parties to the contract through consensus over terms of a contract. The agreement is a product of existence of offer and acceptance. An offer is a promise made by one party to another in which the promisor intends to be bound by terms of his promise. Some of the elements of an offer include the intention to be bound by the offer if it is accepted, and the existence of terms that creates rights and liabilities in the event of acceptance. Acceptance on the other hand, refers to the promiseeââ¬â¢s intent to be bound by the promisorââ¬â¢s terms of offer. Once an offer is accepted, an agreement is deemed to have existed between the parties forming ground for a contract. The offer and acceptance are however subject to a number of principles ... An advertisement is for example a presentation of information over the subject matter and only acts as an invitation to a customer to make an offer. In the case of Partridge v Crittenden (1968), the court held that an advertisement that indicated the price of goods in a vendorââ¬â¢s shop does not amount to an offer. Similarly, exhibition of goods for display does not amount to an offer. The owner of the goods is therefore not bound by the information displayed in an exhibition, as an offer for the good has not yet been made. Such was the ratio decidendi in the case of Pharmaceutical society of Great Britain v Boots cash chemists (1953). The defendant was accused of offering to sell commodities to the public contrary to prescriptions by regulatory bodies. It was held that the display of drugs on the shelf does not amount to an offer (Rush and Ottley, 2006, 47). Similarly, response to question for provision of information does not amount to an offer. This was held in the case of Har vey v Facey (1893) in which a defendantââ¬â¢s statement of the lowest price that could be accepted for sale of a piece of land was considered not to amount to an offer (Rush and Ottley, 2006, 48). The doctrine of invitation to treat is however exempted in some cases under which an advertisement can constitute an offer. In the case of Carlill v Carbolic Smoke Ball Co Ltd (1893), it was held that the defendantââ¬â¢s advertisement amounted to an offer. The defendant stated in its advertisement that a reward would be offered to any person who contracted influenza after using its medicine as prescribed. The advertisement further indicated that money had been deposited for the rewards. The court, in its judgement, held
Tuesday, February 4, 2020
The Financial System and the Economy Coursework Example | Topics and Well Written Essays - 250 words
The Financial System and the Economy - Coursework Example Various organizations that had invested in the organizations located in United States even suffered a huge loss as these organizations were on the verge of bankruptcy (The Economist, 2013). This depicts that organizations located in one region are highly dependent on organizations in other regions and thus there is a need to protect organizations in one nation to protect organizations in other nations. In order to avert and avoid future similar financial crises the regulators in the United States need to keep a close watch on the organizations in the United States and stop them from indulging in unhealthy practices due to which they may face losses and experience bankruptcy. This in turn will not only protect organizations in US, this will even protect organizations and economies throughout the world. 2. The five determinants that investors take into account while making any investment related decisions includes the expected return which is the return on investment that investors assume or predict they will receive through an investment. The return is the determinant which is the amount of money that a particular security has earned and evens the alterations in the price of the security in comparison to the value at which the security was initially traded. The third determinant is the capital yield which is the amount of money an investor is able to earn within a specific period of time and its comparison with the value of the investment that was experienced at the beginning of the specific period (Croushore, 2007). The fourth determinant is the capital yield which is a term used to refer to the elevation in the dollar based value of a particular investment over a specific period of time. The last factors is the capital gains yield which is the capital gains that a particular inv estment has offered in comparison with the value of the investment at the start of the period in which the capital gains is measured. The most important
Monday, January 27, 2020
Relationship Between Russia and China
Relationship Between Russia and China The new era of Russia and China Tension in Ukraine, Natural Gas Contract and the future Chuqing Hu chuqing[emailprotected] The recent history The relationship between China and Russia has always been complicated. In early 1960s, also Russia (the formerSovietUnion) had been support China to rebuild the country after war diminished, friendship between the two countries diminished mainly due to the dissension on the war between China and India. During the war, the SovietUnion made public its stand to support India which significantly deteriorated its relationship with China. The incompatibility wasnââ¬â¢t softened until 1980s when MikhailGorbachev became the president of SU and started to remedy the relationship with China. Since then, China and Russia has been on their way to a new era of competitive cooperation, or we can also call it ââ¬Å"cooperative competition.â⬠[1] Year 2014, a new era evolved after the tension of Ukraine In the past few months, as stated by U.S. president Barack Obama, ââ¬Å"Russiaââ¬â¢s aggression towards former Soviet states unnerves capitals in Europe while Chinaââ¬â¢s economic rise and military reach worries its neighbors.â⬠[2] From March 2014, the issue in Ukraine treaded on sensitive ground for China, and it has contorted itself to find a neutral diplomatic position.China has long been holding the position of not to interfere in the internal affairsof other countries. However, this belief was kind of dimmed when China failed to state its position to the referendum in Crimea, Ukraine. Chinaââ¬â¢s action was viewed as a silent support to Vladimir V.Putin as other western countries all clearly stated their opposition against the referendum. [3] Chinaââ¬â¢s silence brought new harmony to its relationship with Russia and this has been viewed as the turning point of the strategic alliance between two of the most powerful countries in the world. Two months later, on May 20th, 2014, Russia clinched a US$400-billion deal to feed China around 38 billion cubic meters of natural gas via pipelines at a chummy price of $350-$400 per thousand cubic meters(TCM), shaking up an industry that is used to fetching $500-$600 per TCM from Asian markets. The deal prompted much commentary on the agreementââ¬â¢s potential to reshape global energy markets and tilt the balance of influence in Ukraine and, more broadly, inEurope. [4] Apart for the contract, Putinââ¬â¢s visit to China in May also brought about various strategic business alliances between the two countries, which include mining, electricity, border trade, automobile, etc. A formal alliance or a double jeopardy Some people would imply that China and Russia are forming a formal alliance in order to compete with the U.S. and Europe. However, although the two countries are in honeymoon in the past few months, uncertainties still exist and I assume itââ¬â¢s too early to call it a formal alliance. Foremost, since the two countries have different visions regarding their future, both economically and politically, the discrepancy of the visions of two countries will make the alliance not as strong as some people imagined. What matters most to China? Growth, growth and growth. China has been struggling with the slowdown of its GDP growth in the past year and the promise of 8% annual growth was broken due to the slackness of industrial manufacture and the rising cost of capital. At this moment, a long-term energy contract with a quite favorable price will a good stimulator to its economics. At the same time, Chinese government is also concerned with the destabilization aroused with its own borders. An alliance will also enhance the protection of its national interests since Russia is a neighbor as well as a friend. What matter most to Russia? Recovery, recovery and recovery. After deep recession, Russia has been long for a recovery in both its economics and international political status. Russia was known for its aggression when it was once on its greatest prosperity. In the recent years, as the financial recovery was on its way, Russia again started to strive for more political interests, especially towards former Soviet states. However, itââ¬â¢s also crystal clear that because of tension between Russia and the U.S., the western world will be never on Russiaââ¬â¢s side regarding international affairs. The only and most power ally Russia can rely on has to be China. Putinââ¬â¢s visit and the multi-billion contract showed Russiaââ¬â¢s generosity and its high expectation for the relationship. However, if Russia keeps raising its aggression after the tension in Crimea, this will put China in a very awkward situation ââ¬â to keep supporting Russia with equivocatory and to risk its future to be sanctioned by the western or to break its friendship with Russia and risk what happened in the 1950s to happen again? Itââ¬â¢s a double jeopardy for China. ââ¬Å"Chinaââ¬â¢s leaders canââ¬â¢t afford to side with Russia, and they cannot side with Russiaââ¬â¢s forceful policy.â⬠According to Titus C. Chen, a research fellow at the Institute of International Relations at National Chengchi University in Taiwan.[5] Neither of them is an ideal choice for the Chinese authority since China definitely doesnââ¬â¢t want to be friend with Russia and be enemy with rest of the world. Envisioning the future There are mutual strategic needs as both China and Russia want to create a multipolar world which is not dominated by the U.S., particularly as China is now facing threats from the US-led alliance in Asia These two powerful countries although holding different goals in the alliance, are a formidable pair and can alter the international system. China knows that, Russia knows that, and the rest of the world is more or less afraid of that. The pair will accelerate the economic growth in both Russia and China, which is favorable for both of the countries. This suggests that, as long as Russia doesnââ¬â¢t get outrageous in its foreign policy, the friendship will be very well maintained in the near future. However, due to the historical mistrust, the lack of a common threat and conflicting interests in Central Asia, the sustainability of the partnership is questioned.[6] Besides China and Russia, U.S. is also playing and important part in the relationship. If U.S. keeps pushing China or Russia aggressively to the corner, this will certainly reinforce the China-Russia Alliance. If U.S. changed its position in order to drive a wedge between the two countries, the situation will become more unpredictable but also more interesting. à The tough road between Russia and China, multiple contributors, Voice of Russia, 2014 China-russia-and-the-outlook-for-the-liberal-international-system, Ali Wyne , www.warontherocks.com, Jun 2nd 2014 China Torn Between Policies and Partnership, Andrew Jacobs and Somini Sengupta, New York Times, March 12th, 2014 Russia-China Gas Deal Narrows Window for U.S.Exports, Richard Martin,Forbes, May 30th, 2014 China Torn Between Policies and Partnership, Andrew Jacobs and Somini Sengupta, New York Times, March 12th, 2014 Are China and Russia Moving toward a Formal Alliance?, Dingding Chen, The Diplomat, May 30th, 2014
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