Wednesday, October 30, 2019

Critically analyse the territorial and extraterritorial ambit of the Assignment

Critically analyse the territorial and extraterritorial ambit of the offence of murder under English Criminal Law - Assignment Example die of the wound or hurt etc. within a year and a day after the same† (Allen 309). It is imperative to note that under the English criminal system, murder is classified into the category of homicide and manslaughter. Legally, homicide is a more serious offence in comparison to manslaughter. In order for a person to be charged with homicide or manslaughter, the elements of the definition of murder must be proved to be true. Actus Reus Under the English Law, the Actus Reus for murder must be present before one can be convicted for the offence of murder. One aspect of Actus Reus is that act of murder must be unlawful. This implies that act should not have any legal basis to justify its occurrence. Under the English criminal system, the law recognizes some circumstances under which murder can be justified. For instance, killing someone in self defense can be admissible in a court as a legally permissible reason for murder. The justification for killing also depends on the circumsta nces under which the deceased was killed and the role of the accused in the murder (Chalmers & Fiona 219). In essence, killing under English law may include accelerating another person’s death due to an act or an omission. ... This means that any killing that occurs under all circumstances except during war are is classified as an offence of murder. Enemy killing is not justified by law unless it occurs during a war or events thereof (David 453). English Law is precise in regards to the concept of â€Å"Queen’s peace† by expressly stating that all situations except during war are classified as â€Å"Queen’s peace†. Even formally identified foreign enemies cannot be lawfully killed under the pretext that they are outside the scope of the Queen’s peace. It is imperative to that this principle applies both within and outside the territories of the English criminal law. The specific act or omission that results in the murder of a person must have a substantial contribution as cause of death for an accused person to be convicted for the offence of murder. The act or omission and the death must be linked in order for a conviction to be upheld. In essence, the prosecution has th e burden of proving that the accused did more than minimally or negligibly contribute to the death. The contribution of the accused person to the death must be considered substantial in the context of the law (Hirst 229). In this regard, even if the action or omission just accelerated the death, the accused is legally liable for the death. For instance, in R v Dyson (1908), it was held that the defendant was liable for the offence of murder even though the defendant had only hastened death. In order to break the causation chain, it is upon the defendant to prove that the intervening act was the main cause of the death (Cryer 152). This may occur in instances whereby a person’s actions or inactions are part of a chain of actions that can be attributed to the death. It is only an unforeseeable or unexpected action

Monday, October 28, 2019

Factors and Hazards of Infant Development Essay Example for Free

Factors and Hazards of Infant Development Essay Factors and Hazards of Infant Development By Miranda Brueggeman EC100/EEC1700 Section 05 Foundations of Child Development Winter 2013 There are many factors and hazards that influence the development of babies before they are even born. In this essay I will only be discussing three that I feel are essential for parents to understand. The three I will be talking about are as follows: Limiting exposure to any and all teratogens such as drugs, alcohol, tobacco, and environmental chemicals; Consuming a nutritious diet; and The importance of obtaining early prenatal care. Women should avoid unnecessary contact with known teratogens when they are thinking about getting pregnant or already are pregnant. Several factors can influence a teratogen’s harmful effect on fetal development, including the amount of exposure, fetal age, and genetic makeup of the mother and fetus (Developmental Profiles, 2012, p. 80). Mothers who consume alcohol during pregnancy have a greater risk of miscarriages, stillbirths, premature infants, and low birth weight infants (Developmental Profiles, 2012, p. 80). No amount of alcohol is considered safe to consume during pregnancy (Developmental Profiles, 2012, p. 1). Mothers who smoke during pregnancy are more likely to experience miscarriage, premature births, stillborn infants, and low birth weight infants (Developmental Profiles, 2012, p. 81). Substances known to have a negative effect on the developing fetus range from prescription and nonprescription medications to pesticides, fertilizers, and street drugs. It is very important that both parents are fully aware of these facts and that they do their best to avoid any and all teratogens before, during, and after pregnancy. Depending what the mother eats before and during pregnancy has a significant effect on her health as well as the developing fetus. Consuming a healthy diet lessens the risk of having a low birth weight or premature infant (Developmental Profiles, 2012, p. 75). During the Live Lecture this week I heard that it is a good idea to take Folic Acid three months prior to getting pregnant because it can help prevent certain birth defects. Nutrition is definitely very important for the mother and baby. In China both mother and father will cleanse their bodies for an entire year before even trying to get pregnant! Another thing to remember is that babies need a lot of the essential vitamins and minerals and the mother should take some sort of prenatal vitamins to have enough nutrients for her own body to stay healthy. Medically supervised prenatal care is critical for ensuring the development of a healthy infant (Developmental Profiles, 2012, p. 74). A lack of prenatal care is often associated with an increased rate of medical complications, preterm births, low birth weight infants, fetal death, and disabilities (Developmental Profiles, 2012, p. 74). Parents who have pre-existing diseases or are on medications of any kind need to speak with their doctor before trying to get pregnant. Some medications are very bad for fetal development. I myself have rheumatoid arthritis along with anxiety and depression and I will need to seek a medical professional for advice before trying to get pregnant. Another reason why you should see a doctor before/during pregnancy is because they can give you a list of certain things you need to avoid or things you should and should not do for a safe and healthy pregnancy/baby. In conclusion, even though there are other factors and hazards to consider before/during pregnancy these three are a great start to having a healthy baby. The best thing you can do for your future baby is seek out a medical professional right away because they can tell you all about the do’s and don’ts and help you along your journey into parenthood. Reference Page Marotz, Lynn R. , Allen, Eileen K. (2012) Developmental Profiles: pre-birth through adolescence 7th edition. Belmont, CA: Wadsworth. Retrieved from http://www. coursesmart. com/bookshelf.

Saturday, October 26, 2019

Russia :: essays research papers fc

Comparative Politics Gerard Chretien RUSSIA: POLITICAL STRUCTURE: Summary: Why the democratic structure in Russia is proving to be unsuccessful. INTRODUCTION: The Soviet Union collapsed in 1991, disintegrating into thirteen different states. Ever since the political structure of Russia has been viable and lacks stability. Many reasons can be cited for this instability out of which the bearish economy and a shaky democratic system are the main causes. ANALYSIS: The reforms taken after Russia’s disintegration have yet to be proved fruitful. The economy is in no better shape then before and politically Russia has great set backs in the name of the ongoing war with Muslim freedom fighters in Chechnya. â€Å"The most important factor that needs to be established is economic growth. Successful economic development will ease the transition and enable violence and dissention among the races very avoidable. If resources are abundant and properly distributed then multiple markets can grow. However, when resources run scarce and competition arises for limited assets then violence and animosity become the only plausible alternatives. If two industries fiercely compete for limited resources then one is likely to be forced out of the market. A sound and developing economy is essential for the happiness and orderly conduct of the people (Barner-Barry & Hody, 1995)(1). Another problem cited in the progress is the difficulty of transition from communism to democracy when the government officials are trained in the old system. The process of privatization requires lengths of time and willingness of the people to take upon the businesses for which they require full governmental protection, easy paper work and full rights over their property. â€Å"If Russia is to make the transition, it must rediscover civil society (the informal network of family, church, service organization and the like). Strong civil society provides the political culture that supports liberal institutions, but the Communist Party deliberately destroyed many elements of civil society to ensure party dominance. Russia faces moral, economic, and legal gaps in its civil society. Hence Russia has a difficult road to achieve democracy.†(2) It was a widely held belief that with the fall of the Soviet Union Russia would make a rapid transition into democracy and free markets. â€Å"This overlooks the crucial role of political culture in shaping and supporting political and economic institutions. Russia did not have the political culture appropriate to western-style institutions and so became chaotic and lawless. For Russians, democracy became a dirty word, as it symbolized Russia’s troubles.

Thursday, October 24, 2019

Recognizing Differences Essay

The following information will discuss the difference between valuation, depreciation, amortization and depletion. It will also discuss is it appropriate to calculate depreciation using two different methods? What is valuation? â€Å"The process of determining the current worth of an asset or company† (www.investopedia.com). For example if you bought a car a year ago the value of the car will go down. The reason the value goes down is because you have wear and tear on the car so it is not worth as much, so the valuation is looking at the asset (the vehicle) and figuring out how much it is worth after being used. What is Depreciation? â€Å"A method of allocating the cost of a tangible asset over its useful life. Businesses depreciate long-term assets for both tax and accounting purposes† (www.investopedia.com). The three classes used for depreciation is land improvements, buildings and equipment. If a piece of equipment is bought by a company for two million dollars and the company expects it to be used for 10 years, it will be depreciated over 10 years. This means that every accounting year the company would expense $200,000.00 (assuming the company uses straight-line depreciation). What is Amortization? â€Å"The paying off of debit in regular installments over a period of time† (www.investopedia.com). Amortization is the allocation of only intangible assets, such as copyrights or patents. For example if a company buys a piece of equipment for $45 million dollars and the patent for this equipment is 15 years, this means that $3 million would be recorded as an amortization expense each year. What is depletion? â€Å"An accrual accounting method that companies use to allocate the cost of extracting natural resources such as timber, minerals and oil from the earth† (www.investopedia.com). There are two types of depletion; percentage depletion and cost depletion. When a company is depleting timber the IRS required that the cost method is used. The IRS then required the method that yields the highest deduction to be used for mineral property, and oil from the earth. Yes, it is appropriate to calculate depreciation  using two different methods. Compan ies use the straight-line method on its financial statements for their plant assets. Companies can then use the accelerated method on their income tax return. A company can also be depreciating their equipment for ten years for their financial statements and for their income tax return they can use seven years. References Investopedia (2014): Retrieved March 24, 2014 http://www.investopedia.com/terms/v/valuation.asp Investopedia (2014): Retrieved March 24, 2014 http://www.investopedia.com/terms/d/depreciation.asp Investopedia (2014): Retrieved March 24, 2014 http://www.investopedia.com/terms/a/amortization.asp Investopedia (2014): Retrieved March 24, 2014 http://www.investopedia.com/terms/d/depletion.asp

Wednesday, October 23, 2019

Homefield Advantage

Laurence Daniel Jan. 17, 2010 EN 102 D Creative 1 Home Field Advantage It is time to separate fact from myth. The weather is perfect. The stadium is at capacity. The fans are screaming at the top of their lungs, but is this all for nothing? Every sport has fans that love and support their teams. Some people even adjust their schedules to make sure that they can attend every single game. When they arrive the atmosphere is intense. So intense, in fact, that it becomes hard for people to hear others sitting nearby. Some people strongly believe that this â€Å"intensity† affects the way that the players play their game. Most believe that the home-team has some sort of advantage over the opposition. People love a competitive football game, but more than anything, they love to see their teams win. However, given the so-called home field advantage, is it becoming unfair for fans to attend their favorite teams’ games? Research shows that home field advantage gives the home-team an edge, but not much of one. Football players report that some stadiums are tougher to play in than others because of the acoustics. Some stadiums can reach noise levels up to 127 decibels. With all that noise and distraction, teams have now started to train for these extremely nosy crowds. To go into a stadium and defeat a team who has the crowd on their side is always a great feeling, which disproves the idea that it might somewhat unfair to have home field advantage. It turns out home field advantage is one of those unknown factors that can help or not help any team at any time. There is a certain advantage to playing on home field, but whether it is enough depends on the team. It would be impossible to eliminate this â€Å"advantage† without taking away the fans in the seats. Sports are supposed to be fun, and without the fans, what is left? It is time we stop stressing over something that is simply part of the game.

Tuesday, October 22, 2019

Factors to the Rise of Slavery essays

Factors to the Rise of Slavery essays The growth of the black slave trade was due to the decline of indentured servants, the need for a disease resistant workforce, and a workforce that was easily manageable; a combination of economic, geographic, and social factors. The New World at the dawn of American slavery, was at a rapid expansion rate. After years of hardship and meager harvests, landowners were finally making profits from crops that took many years to achieve. As more farmland was being planted, the need for more help was increasingly important. At first, most farmers had turned to white indentured servants from Europe, but the number of indentured servants declined due to increasingly better conditions back in England. Indentured servants concluded that the quality of life was better back in England, than the Americas. Landowners had to look for a different workforce. Previously, black slaves had been used, but only in small numbers. Most black slaves were sent to the West Indies instead, then slave traders found a new market: the Americas. Due to the high price of slaves, normally, a landowner would buy a much cheaper indentured servant, but since they were in short supply, a slave was the better option. Slaves, although mo re expensive, were more cost efficient compared to an indentured servant. A slave could be kept for life instead of a few years, and the landowner was under no obligation to give a slave incentive like land. These slaves were essentially perfect for the Americas. Geographically, the changing climate conditions of the Americas played an important role to the growth of black slavery. In the south, conditions were hot and humid. Landowners needed people who could work in these harsh conditions. Slaves from West Africa were already acquainted to the humid tropical-like weather. Landowners also needed people who were more resistant to diseases like smallpox or malaria. Black slaves ...

Monday, October 21, 2019

Phonaesthetics (Word Sounds)

Phonaesthetics (Word Sounds) In language studies, phonaesthetics is the study of the positive (euphonious) and negative (cacophonous) sounds of letters, words, and combinations of letters and words. Also spelled phonesthetics.  Ã‚   Linguist David Crystal defines  phonaesthetics  as the study of the aesthetic properties of sound, especially the sound symbolism attributable to individual sounds, sound clusters or sound types. Examples include the implication of smallness in the close vowels of such words as teeny  weeny, and the unpleasant associations of the consonant cluster /sl-/ in such words as slime, slug and slush (A Dictionary of Language, 2001).   Etymology From the Greek  phÃ… nÄ“aisthÄ“tikÄ“,   voice-sound    aesthetics Examples and Observations Sound Quality (Timbre) We speak of words as soft, smooth,   rough, sonorous, harsh, guttural, explosive.  About individual words not much can be saideven about cellar-door, which is reputed to be one of the most beautiful-sounding words in our language. With a sequence of words, especially one that shapes itself into a meaningful sentence or line of verse, the sound becomes more determinate and controlled. The still, sad music of humanity(Wordsworth, Lines Composed a Few Miles Above Tintern Abbey) naturally calls for a grave and quiet reading.   The sound-quality of a discourse is, then, a regional quality that depends in part upon the qualities of its words and also upon [sound-similarity and sound-pattern].(Monroe C. Beardsley,  Aesthetics: Problems in the Philosophy of Criticism, 2nd ed. Hackett, 1981) Phonaesthetics and the Adopted Names of Actors Quite a few actors have changed their names simply because they didnt like the one they already had...There is a tendency for men to avoid gentle continuant sounds, such as m and l, when looking for new names, and to go in for the hard-sounding plosive consonants, such as k and g. Maurice Micklewhite became Michael Caine, Marion Michael Morrison became John Wayne, Alexander Archibald Leach became Cary Grant, Julius Ullman became Douglas Fairbanks.Women tend to go the other way. Dorothy Kaumeyer became Dorothy Lamour. Hedwig Kiesler became Hedy Lamarr. Norma Jean Baker became Marilyn Monroe.Actually, Roy Rogers is a bit weak, compared with most cowboy names. Cowboys tend to be full of plosives and short vowelsBill, Bob, Buck, Chuck, Clint, Jack, Jim, Like, Tex, Tom, Billy the Kid, Buffalo Bill, Wild Bill Hickok, Kit Carson. Roy doesnt quite explode from the lips in the same way. His horse, Trigger, actually does rather better.These are only tendencies, of course. There are plenty of e xceptions.(David Crystal, By Hook or by Crook: A Journey in Search of English. Overlook Press, 2008) Phonaesthetics and Nicknames [N]icknames incorporate more pleasant and gentle sounds than full names for both men and women. One reason for this is the [i:] ending characteristic of so many nicknames (Nicky, Billy, Jenny, Peggy). Crystal (1993) noted the distinctly masculine characteristics of the nickname Bob. Bob is easy for children to pronounce because its repeated , [b], is mastered early (Whissell 2003b).  Phonaesthetically, [b] is an unpleasant sound and the central vowel of the name is active and cheerful. Bob is, therefore, a prototypical masculine nickname, both in terms of the phonaesthetic system employed here and in terms of Crystals criteria. DeKlerk and Bosch (1997) argue for the importance  of phonaesthetics in the assignment of nicknames, and point to the positive social intent of name-givers as a main concomitant of this assignment.​  (Cynthia Whissell, Choosing a Name: How Name-Givers Feelings Influence Their Selections.  The Oxford Handbook of the Word, ed.  John R. Taylor. O xford University Press, 2015) Phonesthesia and Brand Names The loose association of  phonesthesia, applied to bigger chunks of sound, are ... the source of an unignorable trend in brand names  ...​Previously, companies named their brands after their founders (Ford, Edison, Westinghouse), or with a descriptor that conveyed their immensity (General Motors, United Airlines, U.S. Steel), or by a portmanteau that identified a new technology (Microsoft, Instamatic, Polavision), or with a metaphor or metonym connoting a quality they wished to ascribe (Impala, Newport, Princess, Trailblazer, Rebel).  But today they seek to convey a je ne sais quoi using faux-Greek and  Latinate neologisms built out of  word fragments that are supposed to connote certain  qualities without allowing people to put their finger on what they are. . . . Acuraaccurate? acute? What does that have to do with a car? Verizona veritable horizon? Does it mean that good phone service will recede into the distance forever? Viagravirility? vigor? viable? Are we s upposed to think it will make a man ejaculate like Niagara Falls? The most egregious example is the renaming of the Philip Morris parent company as  Altria, presumably to switch its image from bad people who sell addictive carcinogens to a place or state marked by altruism and other lofty values.  (Steven Pinker, The Stuff of Thought: Language as a Window Into Human Nature. Viking, 2007) Certainly, euphony should be a consideration in choosing a brand name. Lamolay sounds better than Tarytak for a toilet paper even though it has the same number of letters.  (John OShaughnessy,  Consumer Behaviour: Perspectives, Findings and Explanations. Palgrave Macmillan, 2013) Sound and Sense [T]he poet ... knows when the sound is carrying his sense, even if he doesnt know why. In creating his names and his verse, [J. R. R.] Tolkien was exercising both skills, in pursuit of what he called phonaesthetic pleasure (Letters  176).To illustrate, lets turn back  to our abandoned palato-velars. The phonaesthetics of the post-liquid palato-velar is a thing of beauty. It captured the heart of a young Texas poet  with the unlikely name of Tom Jones when he was in college, and he ï ¬ lled a whole song with them, which became the opening song of The Fantasticks, the longest running musical in the history of the New York stage. The song was called Try to Remember. The refrain was the single word we have looked at in its transformation from Old to Modern English: follow, follow, follow.  In each  stanza Jones crammed  as many of the mutated-liquid words he could: first mellow, yellow, fellow, then willow, pillow, billow, and then follow and hollow, finally ending where th e song began with mellow. . . .Tolkien does not incorporate quite  so many of these mutated palatovelar words in any one place, but the mention of the word willow should signal to  any Tolkien reader where I am going next: to the old Willowman of The Adventures of Tom Bombadil and The Old Forest chapter of The Lord of the Rings ...(John R. Holmes, Inside a Song: Tolkiens  Phonaesthetics.  Middle-Earth Minstrel: Essays on Music in Tolkien, ed. by Bradford Lee Eden. McFarland, 2010)   An Alternative View: Noisiness Many of those who have written about the topics of iconicity, sound symbolism, phonaesthetics  and phonosemantics write as though to unfold the latent surplus of meaning contained in certain sounds, letters or groups of letters. But iconic language is in the literal sense idiotic, speaking the idiom of the blindly singular, of purely accidental and idiomatic noise. It may well be that certain clusters of sounds seem charged with certain kinds of meaningfulnessi seems to connote littleness, gl- seems to be associated with light, and gr- with irascibilitybut the way these sounds work is by first signifying, not particular sound-qualities, but an abstract quality of noisiness as suchthe sound of just sounding.(Steven Connor,  Beyond Words: Sobs, Hums, Stutters and Other Vocalizations. Reaktion Books, 2014)      Monty Python and the Lighter Side of Phonaesthetics When the Pythons are not making words and names take on new meanings, they are likely commenting upon the inherent qualities of words themselves. One fine example appears in the Woody and Tinny Words sketch (ep. 42), in which an upper-middle-class family voice their opinions regarding the pleasure (or displeasure) derived simply from saying and hearing various words. For fun, try to see which of the following words sound woody (confidence building!) and which sound tinny (dreadful): SET ONE: gorn, sausage, caribou, intercourse, pert, thighs, botty, erogenous, zone, concubine, loose women, ocelot, wasp, yowlingSET TWO: newspaper, litterbin, tin, antelope, seemly, prodding, vacuum, leap, bound, vole, recidivist, tit, Simkins* The euphony or cacophony of words (what the Oxbridge scholars in Pythonand probably Gilliam, too, why not?would have known as phonaesthetics, the study of positive and negative sounds in human speech) may lead users to project certain connotations upon individual words (Crystal, 1995, 8-12). Such phonaesthetic connotative projection devolves, in this skit, into a practically visible form of mental masturbation, wherein the father (Chapman) must be doused with a bucket of water to be calmed down after cogitating upon too many woody sounding words. As he sagely notes, ... its a funny thing ... all the naughty words sound woody.  Its a theory not entirely without justification (the understanding of how linguistic connotations are often derived from sounds, not the masturbatory powers of individual words! Bloody pervert.)* Answer key: set one woody: set two tinny(Brian Cogan and Jeff Massey, Everything I Ever Needed to Know About _____ I Learned From Monty Python. Thomas Dunne Books , 2014)