Tuesday, December 31, 2019

Essay about Free Speech - 1257 Words

In order to find truth to anything, one must make multiple suggestions, ask many questions, and sometimes ponder the unspeakable. Without doing so, there would be no process of elimination; therefore, truth would be virtually unattainable. Now, in our attempts to either find truth, express our beliefs and opinions, or generally use the rights we are given constitutionally, we are often being criticized and even reprimanded. Our freedom to voice our opinion(s) is being challenged, as critics of free speech are taking offense to what seems like anything and everything merely controversial and arguably prejudice. As people continue to strive for a nation free of prejudice and discrimination, where everyone is equal, safe and†¦show more content†¦More and more people are finding plenty of (what they consider) bias and prejudice to be offended by. The bigger issue regarding our right to free speech has to do with censorship and what may potentially become of it. If we continue to strive for a society where we can say whatever we would like, just as long as it doesnt offend anyone, we are losing our rights altogether. Rauch quotes Salman Rushdie in his defense to allegedly offending millions of people, where he asked: â€Å"What is freedom of expression? Without the freedom to offend, it ceases to exist†(6). Simply stated, it is nearly impossible to say anything that wouldnt offend someone; Everyone has their own perception of what they consider offensive. Being asked to refrain from using offensive language basically disables you from speaking of anything controversial and therefore we are forced to be idle-minded automatons. Our search for truth and reasoning will be forced to halt as we will no longer be allowed to wonder out loud. If the intellectuals, geniuses, and scientists of our past hadnt been free to ponder the unreasonable, one could assume we wouldnt be where we are today. For no reason should we be forced to silence our thoughts or not speak of anything unacceptable; the result could be far more disastrous than offending people. Naturally, people can only hope for peace and happiness, but attempting to achieve it through censoring anyShow MoreRelatedFree Speech Or Freedom Of Speech Essay911 Words   |  4 Pagesof Freedom, basically we are entitled for legal freedom to do whatever we wanted to. However, the freedom of speech has been challenged by many university students and educators recently. In their argument, they believe that free speech has triggered students’ unhappiness and jeopardize campus’ safety. What is the free speech or freedom of speech? According to dictionary, freedom of speech is the right of people to express their opinions publicly without governmental interference, subject to theRead MoreFree Speech Freedom Of Speech1689 Words   |  7 Pagesonce said, â€Å"Without freedom of thought, there can be no such thing as wisdom; and no such thing as public liberty, without freedom of speech.† With this quote in mind, freedom of speech should surely be guaran teed right in a every institution. There are various forms of free speech to powerful speeches at a peaceful protest to a girl posting a selfie. Freedom of speech is the key concept that is basis of every human right. This inherent right should be protected and supported in a place where youngRead MoreFree Speech Freedom Of Speech1180 Words   |  5 PagesFree speech shall not incite evil and hatred in this country. The First Amendment prevents the government from infringing upon our freedom of assembly and speech. â€Å"The disability is so complete that Congress is expressly forbidden to enact laws respecting an establishment of religion, or laws abridging the free exercise of religion, freedom of speech and press, and the right to petition the government† (Bybee). As a whole, our founding fathers only had good intentions with regards to First AmendmentRead MoreFree Speech : Freedom Of Speech1403 Words   |  6 PagesFREE SPEECH Freedom of speech is perhaps the most precious tenets of liberal democracies accorded to the citizens of the free world. The United States, and the rest of the Western society is known to be the cradle of democratic principles, and this can be evidenced by the level of freedom accorded to the citizens of the United States and the West in terms of speech. The freedom of speech gives an individual an opportunity to speak his or her mind and also give his or her opinion, sometimes on veryRead MoreFree Speech Freedom Of Speech1786 Words   |  8 PagesIntroduction Freedom of speech is a right of every American that is protected under the First Amendment of the United States Constitution. This democratic freedom allows citizens to speak and express themselves freely. Public school teachers and students are also free to express themselves, however they can both be limited by school administration. The goal of this paper is to analyze free speech as defined by the First Amendment and discussed limitations placed on teachers and students by schoolsRead MoreFreedom Of Speech And Free Speech1737 Words   |  7 Pages Freedom of Speech can only go so far before it starts to impede the right of the others, and free speech does not come before other people’s given rights.. According to Steven J. Heyman in the article â€Å"Free Speech Has Limits,† freedom of speech comes tied together with respecting the freedom of other and the rights of other people (par. 4). The author goes on to say that cutting off other peoples rights in the name of free speech can be seen as wrongful and can be faced with consequences (parRead MoreFreedom Of Speech : Free Speech1296 Words   |  6 PagesFreedom Of Speech In 399 B.C, the Greek Philosopher Socrates was persecuted for an early argument promoting free speech. Later on, The Protection of Speech was first introduced when the Magna Carta was signed in 1215, and in 1948, the United Nations stated that free speech is a human right and drafted into the international Declaration of Human rights.The government doesn t have the right to make a law abridging the freedom of speech because Free Speech is a form of democracy and it s a fundamentalRead MoreFree Speech Freedom Of Speech886 Words   |  4 Pagesunlike any other. The issue? Free speech. Protesters from both sides of the the political spectrum are outraged. leftists claiming that free speech is â€Å"being used as a cover for spreading hate in America†, that people like the infamous Yiannopoulos (a conservative political commentator known for making offensive statements and supporting â€Å"white supremacy, transphobia, and misogyny†) are doing harm with their first amendme nt right, while conservatives are claiming free speech is being threatened by theRead MoreThe Rights Of Free Speech1182 Words   |  5 Pagespresence of hate speech against minorities and how to appropriately resolve issues of hate speech without infringing on the rights of free speech that is important for the existence of democracy. The purpose of using this document by Emily Foster is to use the contents of the article to help support their current position on the act of democratic censorship, but wither it be in a way to promote censorship in order to maintain order, or to remove censorship as a way to promote free speech is unclear toRead MoreFree Speech And Hate Speech1000 Words   |  4 Pagesbetween hate and free speech is, and what the first amendment does to control them both. The first amendment states that congress shall make no law that abridges the freedom of speech. But to what extent should language be protected? The rights of one man should reach until they shadow over another’s. Meaning free speech is protected until it violates the rights of another. Hate speech is the line where free speech becomes unconstitutional. The contrast between free speech and hate speech is a heavily

Monday, December 23, 2019

Business School Experience Essay Example

Essays on Business School Experience Essay The paper "Business School Experience" is an outstanding example of an essay on education. There is a lot I am looking for in the business school experience both in terms of my personality development and preparation of becoming a successful businessman in the future. I have a family business of construction. Although my father has been in this business for many years, yet his skills are limited as he is not formally educated in that field. I want to take my family business to the next level by expanding it using my knowledge of business that I intend to take in this course.Businesses commence from and flourish with ideas. In order to have a successful business, it is very important to have the right idea in mind. Having this course at Fordham University would connect me to the like-minded and business-oriented people. This would benefit in many ways especially because I would have access and exposure to business-minded people with a variety of ideas so that I can make the best use o f my money. The awareness I would gain from my fellows would help me increase the opportunities and avoid the risks in business because I would be able to gain their advice and benefit from their personal experiences. I personally hope to have a large business of my own in the future since the earning one can make and the benefits one can have from a business in no way compare to that offered by a job.Last but not least, I think that for an individual to have a successful business in the contemporary age, having interaction with and exposure to people from a variety of cultural backgrounds is a must. Today, society has become very multi-cultural which imparts the need for me to socialize with people from different cultural backgrounds and develop a firm understanding of their cultures. I might not have all the money and resources to have a large business of my own as a sole proprietor and I might need to develop joint ventures with entrepreneurs from different cultural backgrounds i n the future. Studying with such people in this course would enable me to develop a comfort level with them and would help me optimize my ability to work with them as a team both in my academic and professional careers.In order to be able to achieve all these goals, it is imperative that I seek formal education in business so that I understand the essentials of business and am able to make informed decisions as a businessman because this is fundamental to becoming a successful businessman. In the contemporary global business environment, prospective employers seek competitive advantage in graduating students. Having a degree in business studies would be helpful for me whenever I need to do a job as well. I find the Master of Science in Business Enterprise (MBE) program offered by the Fordham University very convenient for me as well as it is just based on ten months, and aims at instilling the skills required to do well in business in the students.

Sunday, December 15, 2019

Music and Fashion Free Essays

Subculture is a word which implies liberty of creativeness, liberty of appearance, ease and liberty of a selected model for getting pleasure. In addition, to resolve the contradictions of forefathers and parents culture, where forefathers and parents culture fails to provide a workable ideology for the next generation it usually takes the form of rituals, fashion and music. However, there is an important connection between fashion and subculture, and it is clothes that the young generations wear in the street, the new ideas of the rock bands, the glittering clothes in the clubs  Ã‚   have influenced a lot fashion design industry. We will write a custom essay sample on Music and Fashion or any similar topic only for you Order Now According to Brian â€Å"The transformation rave culture from underground, and frequently illegal, dance parties organized by electronic music lovers to highly publicized popular concerts sponsored by local radio stations and major music labels was predictable, if not wholly inevitable. After all, part of capitalism’s appeal lies in its ideological flexibility–its capacity to embrace transgressive subculture, repackage it, and sell it as the latest stylistic innovation. Though predictable, rave culture’s evolution was and continues to be anything but simple and straightforward. It entails a set of complex negotiations surrounding the meanings of artist, authorship, and authenticity. It reflects deeply fought rhetorical/ideological battles around communalism and commercialism, performance and product, and sharing and spectacle†. (Brian, pg, 249+) Mainly, Raves attract people who belong to the middle-class and are in their mid-teens to late-twenties. Normally, the average age of people at most of the rave events is 18 to 25 years. More interestingly, the average age of the Ravers increased due to its popularity among all age group people. Rave scene has its own culture instead of just a party term. Vivacious group of like-minded young individuals gather in one platform and dance in order to join rave communities. The rave tradition has become popular among New York youth.In this regard, one community has developed a Ravers website and named it (www.Raveclick.com). The primary motive behind the creation of this website was to urge youth to adopt rave culture. With the advent of this website, music and fashion in New York have gone out of their track. For example, the outfits and style of music were completely changed. Rockers have begun to perform electronic hip-hop music which amused ravers in dance parties. In rave parties, teenagers dance to electronic music from dusk to dawn. Old scholars treat the rave as a hypertext of delight and disappearance. In the period of 1989 to 1992, rave culture began to flourish into a global phenomenon on grassroots basis. In 1980 Rave people were first traveled to attend the rave parties, usually at that time the parties were arranged in home basis. However, by the mid of 1990 major companies were started to sponsor rave parties on commercial basis. In subculture trends, fashion dressing of teenagers are very interesting and unluckily very little studied. In this regard, if we look imaginative and psychological nature of fashion dressing we will find it very interesting, For instance, style of haircuts, clothes and accessories, and make up etc. According to Nayak, â€Å"the excessive style of Charver spilled over from fabrics to music. Many Charver Kids favored Rave and Jungle music, sounds that were historically tied to the mutating patterns of cultural syncretism formed in British inner cities. Interestingly, some of the young people who had spoke disparagingly about Charver style in one context were willing to admit that they were ‘a bit Charver’ in their tastes towards music and certain elements of fashion. Thus, James admitted liking ‘Rave, Coliseum kinda thing’ and was willing to take on a Charver identity at certain moments†. (Nayak, pg, 16) More interestingly, among the rave community, characteristics of life such as gender, age, sexual orientation, race, dress and many other things do not matter. Ravers are the people who come out at night, for fun. Nonetheless with regard of subculture context, every one in the rave community wants himself or herself to mark some distinct point in his or her individual personal characteristics by doing something different from others. With respect of this, before joining the rave party, raver eyes aglow with anticipation, body curious for foreign rhythms, glittering shoes encompass feet hungry for dancing these are some fantasies which always are the primary context of a Raver. Youth culture denotes to a homogenous belief of teenagers as doing similar things and being dealt in a similar fashion and plays down aspects of distinctions. Generally, this idea was popular with United States sociologists in the period of 50s and 60s mainly those of the social functionalism persuasion. For instance, in 1964 Talcott debated that although youth culture, disconcerting for young generation, but in reality it performed certain useful functions for society. It was a security valve, a way of letting off steam for young generation caught up in the period of doubt and indistinct social roles. In this regard, we have been noticed so many times that in some communities families tend to have closer interaction with teenagers and they seem so intent on being different to their forefathers and parents. On the other hand, in some communities young age children may intentionally choose a specific subculture group in order to reinforce their independence and even opposition to their family culture. It has been observed that, children who belong to upper class communities have more disposable income resources to spend in entertainment, sport and some other related activities. Consequently, while they indulge themselves in these activities they face a diverse society and adopt certain things from other which is sometimes considered a primary root of subculture society. According to Wilson â€Å"The rave issue is contextualized through a thorough examination of the history of rave scenes. Not surprisingly, Wilson discovers that rave culture has its roots in disco, pre-disco, warehouse parties and gay clubs in New York City, Chicago, Detroit and Britain. More interestingly, however, is Wilson’s scrupulous documentation of previous scholarship of the heyday of rave. He reveals that while some scholars were claiming the libidinal space of the rave dance floor as an anti-patriarchal realm of resistance, others were decrying its elitism and upper-middle class tendency toward exclusion and clique formation. So the question becomes, does rave culture alter and question reality, or does it confirm it.† (Wilson, pg, 224) The most controversial issue of rave subculture is excessive use of drugs and from the very outset of the rave parties it has been closely associated with it. Ravers in dance parties usually take dugs as to get more amusement. More interestingly, in some communities beside alcohol drinks drugs are the primary motive of joy and happiness in rave parties. Often Ravers have embraced deviation and exoticism with respect of people, music, and everything. In addition, different cultures have established because of rave offers a lack of hierarchy and the pure sense of progression that are significant for the social and emotional development of a particular group. As discussed above, drugs and violence have been known as an element of the rave subculture but it is very difficult to judge the degree of their impact on young generation. However, curious youth have already embraced and hence encouraged many of the aesthetic hallmarks of rave culture. Conclusion â€Å"According to Huq Rave could be seen as the last subculture, signifying either most recent or even as those pronouncing the end of youth culture contend, and the final one. In many ways it is cause and effect of youth culture coming of age. For the dance music generation computer technology, foreign travel and drugs have largely been normalized as they have grown up with all three†.  Ã‚   (Huq, 2006, pg, 108) Ravers say that Rave culture express respect, peace and love, nevertheless, some people who do not wish to join this upstream subculture, can mark numerous negative stereotypes of raves. In this context, one must recognize the diversities and differences as well as similarities between the today’s and past generation youth. However, in order to find out the concept of subculture is valid or not this area needs more study. In this regard, one can say that awkward fashion and dance in mainstream youth which bring them together in one platform may be a good idea to share their own life beliefs culture, social customs and so forth. On the other hand, as we have discussed earlier that in ravers gathering Ravers frequently take drugs to boost their stamina and to mark some distinct cultural values among others a clash of individualism may occur in respond to other behavior and personal nature. In the end, one can say that not every thing in today’s upstream youth is bad and the birth of subculture fashion and music presenting a modern image of the world. Works Cited Brian L. Ott, Mixed Messages, Resistance and Reappropriation in Rave Culture, Western Journal of Communication. Volume: 67. Issue: 3. Publication Year: 2003. Page Number: 249+. Huq Rupa, Pop Arts / Pop Culture, (2006), Nayak Anoop, Race, Place and Globalization, Youth Cultures in a Changing World. New York. Publication, Year: 2003 page nuber (16) Wilson Brian, Fight, Flight Or Chill: Subcultures, Youth, And Rave In The Twenty-first Century, McGill-Queen’s University Press 0-7735-3061-4, Paper 224 pp. (n.d.) 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Saturday, December 7, 2019

Contract Laws Consensual Theory

Question: Describe about the Contract Laws Consensual Theory. Answer: 1. The implied terms in fact tend to arise on the backing of either the common law or the contract laws consensual theory. These are inserted in by the court when it is necessary to insert these to ensure that the contract works as outlined in the judgement of the Equitable Life Assurance Society v Hyman (2002) 1 AC 408. However, these are also inserted when it is way too obvious to be present and also when the insertion of the term is customary in particular type of contracts. The above is in contrast with the term implied in law which are inserted to fill the gaps that exist in the given contract. These are inserted only when the contracting parties have not made any express agreement about a particular matter. Also, it is imperative that the underlying contract in which such an exercise is carried out is common enough for the court to clearly understand the contractual obligations arising. Besides, unlike implied terms in fact, these are inserted without considering the intention of contracting parties and also their consent is not sought for the same. 2. The relevant area of law applicable in this case is Contract Law. Asas in the given situation could make a legal case if it is able to prove the usage of economic duress by Classic. In order to establish the same, the following need to be established. There was pressure and as a result there was no choice left to the victim but to agree with the unreasonable demand of the defendant. The demand to be entertained through pressure was illegal and not in terms with the contract agreement in place. Further, it was only under pressure that the plaintiff actually agreed to comply with the demand and in the absence of the same would never have complied with the same. Presence of pressure specially in the form of contract breach which leads to contract execution. The above conditions are in line with the judgement of the DSDN Subsea Ltd. v Petroleum Geo-Services ASA [2000] BLR 530 case. Based on the given case facts, it is apparent that the economic duress is indeed present in the given case as the above mentioned legal requirements are fulfilled. Asas did not initially agree to pay the amount demanded of GBP 2 million as the same was illegal. However, in the event of non-payment, there was threat of breach of contract as the scheduled deadline would have been breached. Asas did not had any other option but to make the payment as the relief from court was not an option and the delay in the electrical works would have brought in huge losses for Asas. Asas eventually made the payment of GBP 2 million and executed the contract. The contract would be held void by the court, if the claim is successful. 3. The concept of burden of proof tends to highlight which party has to tender proof for what in the court of law. As a result, if a given party has to bear the proof, it implies it has to give evidence to as to establish the truth behind the claim made. While there are three types of burden, but in civil cases, legal burden is the significant variant. The rule governing burden of proof has been extended in the Honda Motor Co Ltd v David Silver Spares Ltd [2010] EWHC 1973 (Ch) [2010] FSR 40 case. This concept is exceptionally useful for the court to reach verdict in cases when the evidence provided by the parties involved is quite balanced. Additionally, it also provides useful directions to the parties involved in relation to what they need to prove and thus the parties could present their case based on this guidance. The parties know which points they need to prove and which to defend which leads to clarity and more chances of a just outcome without confusion. 4. Scenario A B Garage in Manchester The garage owes a duty to care to Adrian and also the other people that may be present in the proximity. This may be established by the application tripartite test.as advocated in the Caparo Industries plc v Dickman case. This is because, the damage caused to Juen was foreseeable and also it is fair for the law to establish such as relation. Clearly, since the tyre came off despite no extra load from Adrian, it indicates of possible negligence on the part of the garage which has led to direct damages to Juen. Hence, Juen could claim damages from the garage. However, for Pedro, the remoteness of damage needs to be ascertained. By applying the reasonable foreseeability test, it is apparent that the as the garage owner it is difficult to predict the damage caused to Pedro. Hence, in line with the judgement of the Overseas Tankship (UK) Ltd. v Morts Dock and Engineering Co. (The Wagon Mound (No.1) case, Pedro cannot claim damages from the garage. Adrian- Adrian owes a duty to care towards the pedestrians nearby and hence this extends to Juen and Pedro also. This may be established by the application tripartite test.as advocated in the Caparo Industries plc v Dickman case. This is because, the damage caused to Juen was foreseeable and also it is fair for the law to establish such as relation. In the given case, there is no information about any potential negligence while driving for Adrian. Hence, in relation to the wheel coming off, assuming no negligence has been undertaken by Adrian, Juen cannot claim any damages on account of negligence from Adrian as reasonable precautions were taken by him. However, in relation with Pedro, Adrian to some extent is responsible as he should not have grabbed Pedro by the neck and thrown him on the ground as this could potentially cause foreseeable damage. However, with regards to the damage caused by conduct of George, the principle of novus actus interveniens would be applicable. It is apparent that the chain of causation has been broken and hence Pedro can claim damages but to the extent of the damage suffered by direct assault from Adrian. George When Pedro fell near George, then he had the duty to care in accordance with the proximate relation and the tripartite test.as advocated in the Caparo Industries plc v Dickman case. However, the damage from Georges conduct was quite foreseeable considering that Pedro was already physically hurt by Adrian and hence was vulnerable. In such a scenario, George acted in a negligent manner and is directly responsible for the head injury sustained by Pedro. Hence, Pedro can claim damages from George for the severe head injury suffered. Scenario C Garage at Manchester Due to remoteness of the damage caused by Judith, the garage at Manchester could not be held liable for the damages caused to Pedro. Adrian The principle of novus actus interveniens would be applicable. It is apparent that the chain of causation has been broken and hence damages for the misconduct of Judith could not be claimed from Adrian by Pedro. George - The principle of novus actus interveniens would be applicable. It is apparent that the chain of causation has been broken and hence damages for the misconduct of Judith could not be claimed from George by Pedro. Judith Judith is a doctor and has a duty to care towards the patients as is apparent from the the tripartite test.as advocated in the Caparo Industries plc v Dickman case. It is apparent in the case that damage to Pedro due to negligence was foreseeable and also Judith was present in proximate relationship with Pedro. Clearly, being a doctor, conduct of Judith amounts to negligence which is directly responsible for severe brain damage suffered by Pedro which in absence of negligence by Judith could have been avoided, Hence, Judith would be liable to bear damages for the severe damage caused to Pedro on account of negligence. 5. The principles in relation to common duties of employer relating to safety and health are highlighted below. Duty of the employer to take reasonable measures for employees safety Applicable Case: English v Wilsons and Clyde Coal Co [1937] SC (HL) 46 Ensure that workers are provided with properly functioning machinery and appliances along with secure workplace and to maintain these on an ongoing basis Applicable Case: Latimer v. AEC LTD [1953] AC 643 Ensure that competent staff are hired who are safe to work with as lack of competency may trigger accidents and threaten safety of workers and workplaces. Applicable Case: Dusek v StormHarbour Securities LLP [2016] EWCA Civ 604 Ensure that system of work should be safe which refers to the physical layout and manner in which the work is performed. Applicable Case: General Cleaning Contractors v Christmas [1953] AC 180