Donoghue v Stevenson Analysis

Donoghue v Stevenson Analysis Introduction The case of Donoghue v Stevenson is arguably one of the most famous cases in the common law system and definitely one of the most important in the history of the development of the tort law. The revolutionary significance of the decision in this case is in the establishment of a standardised duty of care in negligence cases. Indeed, over the years after the precedent was set the courts have progressively shifted from the ascertaining a specific duty of care for each kind of situations, to the approach that assumes the existence of the general duty of care as it was established in Donoghue v Stevenson, and in particular Lord Atkins famous neighbour principle.[1] This essay is going to discuss the relevance of the principles established in this case in the modern tort law. The essay will start with the discussion of the established precedent, then moving to the development of the neighbour principle in the subsequent case law and its application today. The importance of the decision of the case In fact, the case established several important principles. They are: the recognition of the negligence as a distinct tort, the recognition of liability in situations, where there is no contractual relationship between the defendant and the claimant, the establishment of a duty of care owned by manufacturers to the ultimate consumers and the neighbour principle. [2] Nevertheless, Lord Atkins neighbour principle is the most well-known part of the decision of the case, despite the fact that according to the official sources it was never a part of the ratio of the decision in Donoghue v Stevenson.[3] Lord Atkins approach was recognised for the first time Word count: 1391 in the case of Hedley Byrne v Heller[4], and later in the Home Office v Dorset Yacht Co Ltd Lord Reid stated that the decision in the case of Donoghue should be treated as a precedent and that that it ought to apply unless there is some justification or valid explanation for its exclusion.[5] The idea behind this was to unify the previous cases and to make the decisions in the future cases more predictable. Thus, the neighbour principle established two concepts foreseeability and proximity. These two key concepts triggered the development of tort law in the 20th century. The development of the established concepts The principle established in Donoghue v Stevenson was seen as an important milestone in the history of tort law as it was the first successful attempt to set out a general principle with respect to the concept of the duty of care. However, later the courts started to acknowledge that the neighbour principle was too simplistic and limited in scope. Therefore, the evolution of the tort of negligence since the snail in the bottle case has been a search for control mechanisms that can limit the scope of the duty concept. So, within the case law on duty of care there has been a shift from a general concept of duty formulated in the neighbour principle to more specific criteria. Indeed, in Anns v Merton London Borough Council, the House of Lords decided to modify the test for the establishment of a duty of care by imposing policy considerations to limit the imposition of a duty of care.[6] The test formulated in Anns was that the defendant owed the claimant to take reasonable care, as long as it was reasonably foreseeable that a failure of doing so would result in damage to the claimant, unless there was some policy reason that limited the scope of the duty or the class of people to whom it was owed or the damages to which a breach of the duty may Word count: 1391 give rise. [7]The first part of the test clearly corresponds to the Lord Atkins test, but the second part was created to restrict claims. The main criticism of this test was that it could lead to an expansion of the situations in which a duty of care could arise. Therefore, in 1990 the Anns test was rejected in the case of Murphy v Brentwood District Council.[8] As the test set in Anns was not sufficient enough, and it was replaced with the test for a duty of care set in Caparo Industries v Dickman. [9] The Caparo test narrowed the test set in Anns by implementing an additional stage to the test. The Caparo test consists of requirements of reasonably foreseeable harm, a relationship of proximityaand that for the imposition of a duty to be fair just and reasonable. The first two stages of Caparo test were based on judgement in Anns, which corresponds back to Lord Atkins neighbourhood principle and the fair, just and reasonable requirement relates to same public policy considerations as the second stage of the Anns test. However, an essential difference between Caparo and Anns is that Caparo test emphasised the incremental and by analogy approach in order to prevent massive extensions of the duty of care concept, meaning that there must be an analogous situation in the previous case law in order to justify the extension of the duty of care in novel situations.[10] By accepting the incremental and by analogy approach the courts rejected the broad formulations from the previous case law and constrained the precedent set in Donoghue v Stevenson to cases concerned with physical damage. [11] Word count: 1391 So, from one point of view, it can be said that the decision in Donoghue v Stevenson created a basis for the establishment of the test in Caparo as first two requirements are clearly taken from the neighbour test. However, some critics say that the intention of judges in Caparo was to change the neighbour principle in entirety. Indeed, in the modern times the incremental approach developed in Caparo suggests that the claimant can only sue the defendant for the breach of the duty of care only in situations where the existence of the duty is established. This seems to contradict the aim of Lord Atkins biblical principle. [12] As has been recognised in Anns and Caparo, the approach taken by the judges in Donoghue v Stevenson is too simple, especially in the modern times, where the law of negligence has become even more complicated than it used to be. Nowadays the courts use different approaches for different situations, for example the approach for the establishment of duty of care for psychiatric injuries is not the same as for physical injuries. Indeed, according to Heuston other considerations beyond foreseeability and proximity begin to acquire greater significance and the principles established in Donoghue are applicable only to relatively straightforward cases, but not to the liability for non-physical injuries, or for omissions, or for the conduct of third parties.[13] However, it can be said that the decision in Donoghue v Stevenson formed a foundation for the development of all the aforementioned areas of tort law. Conclusion To conclude, some scholars express the view that the importance of the case of Donoghue v Stevenson was overrated both by its supporters and critics.[14] However, in my opinion, even though the importance of the decision of this case nowadays is reduced, the case has a lasting effect, the significance of which lies not only in the established principles, but in the ideas that changed the law of tort forever, and in particular the law of negligence. Bibliography Cases Donoghue v Stevenson [1932] AC 562 Hedley Byrne Co Ltd v Heller Partners Ltd [1963] 2 All ER Home Office v Dorset Yacht Co Ltd [1970] AC 1004 Anns v Merton London Borough Council [1977] UKHL 4 Murphy v Brentwood District Council [1991] UKHL 2 Caparo Industries Plc v Dickman [1990] UKHL 2 Articles J.C. Smith, Peter Burns, Donoghue v. Stevenson: The Not so Golden Anniversary [1983], MLR 1 R.F.V. Heuston, Donoghue v Stevenson in Retrospect, [1957], MLR 20(1) Gavin Murphy, The snail and the ginger beer: the singular case of Donoghue v Stevenson [2011], CLB 37(1) Keith Patten, Snail trail, (New Law Journal, 11 May 2012) assessed 22 November 2016 Z0973311 Word count: 1391 Jessica Randell, Duty of Care Haunting Past, Uncertain Future (2014) North East Law Review 2 (2) Books Simon Deakin, Angus Johnston, Basil Markesinis, Markesinis and Deakins Tort Law (7th edn, Oxford University Press Higher Education Division 2012) Horsey K., Rackley E., Tort Law (3rd edn, Oxford University Press Higher Education Division 2013) [1] J. C. Smith and Peter Burns, Donoghue v. Stevenson-The Not So Golden Anniversary (1983) 46 (2) MLR 1 [2] R. F. V. Heuston, Donoghue v. Stevenson in Retrospect (1957) 20(1) MLR [3] Keith Patten, Snail trail, (New Law Journal, 11 May 2012) assessed 22 November 2016 [4] Hedley Byrne Co Ltd v Heller Partners Ltd [1963] 2 All ER [5] Home Office v Dorset Yacht Co Ltd Lord Reid [1970] AC 1004 [6] Anns v Merton London Borough Council [1977] UKHL 4 [7] Kirsty Horsey, Erika Rackley, Tort Law (3rd edn, Oxford University Press Higher Education Division 2013) [8] Murphy v Brentwood District Council [1991] UKHL 2 [9]Caparo Industries plc v Dickman [1990] UKHL 2 [10] Jessica Randell, Duty of Care Haunting Past, Uncertain Future (2014) North East Law Review 2 (2) [11] Simon Deakin, Angus Johnston and Basil Markensinis, Markesinis and Deakins Tort Law (7th edn, Oxford University Press Higher Education Division 2012) [12] Patten(n 3) [13] Heuston (n 2) [14] Gavin Murphy, The snail and the ginger beer: the singular case of Donoghue v Stevenson [2011], CLB 37(1)

journeyhod Spiritual Journey in Joseph Conrads Heart of Darkness Essa

Spiritual Journey in Heart of Darkness  Ã‚   Heart of Darkness by Joseph Conrad may be a narrative about colonisation, revealing its drawbacks and corruption, but it may also be understood as a journey into the depths of one’s psyche, if taken at a symbolic level. At the beginning of the novel the reader is informed that Marlow is â€Å"not typical†, that he, contrary to stay-at-home-minded seamen, is a â€Å"wanderer†. He has no home, in a psychological sense of the word. He simply â€Å"follows the sea†. This may evoke an interpretation that the man is disturbed, that he attempts to find out about the secrets of his soul, to get to know himself. Since boyhood he had been interested in unexplored lands and especially in a long winding snake-like river with the â€Å"head† in the sea and the â€Å"tail† plunging deeply into the land, which, as Marlow admits, â€Å"charmed† him. This image resembles a map of a journey from the dark lands of the soul, the unconstrained, uncivilised core, which may be called a Freudian Id, towards light, that is Superego. Marlow desires to follow this path in the opposite di...

Koko the Gorrilla

Jocelyn bolanos Anthropology 118 22 October 2012 Koko the Gorrilla Koko is an extraordinary gorilla that is able to communicate to humans by the use of American Sign Language. Although there may be many linguists who discredit this notion, AOl chat was able to provide transcripts between penny, who is Koko’s translator, and Koko the gorilla through the use of American Sign Language The transcripts provide evidence of gestures, behaviors, and thoughts that Koko does through her conversation with penny.To begin with, Koko’s symbolic behavior lacks compared to that of penny and AOL behaviors, but let us take into consideration that we, as humans have developed language as part of culture for several centuries and as for Koko the gorilla she has only been train for only a couple of years, I suspect. Through out the transcript Koko shows gestures and behaviors that to many would believe can symbolize her way of understanding and comprehending rationalized ideas. For example, when penny asked Koko if she believed people loved her, Koko responded by saying, â€Å"Love no. (headshake). This simple yet sophisticated answer can provide evidence that Koko is able to communicate with humans even if the form of the sentence is not correct the way people would assume it to be. However, because Koko has her own grammar system of rules it allows for the combination of those words into meaningful sentences. This could also be seen in human language, if the sentence formatting was wrong we would still be able to decipher what the message is trying to saying. Another example that can be seen of a symbolic behavior of language is when Koko says, â€Å" people apple give me. Penny recognizes the signs that Koko gives, therefore both have an understanding for each other’s sign even if the sign are arbitrary. Furthermore, I would consider Koko a speaker of language. A language is the capacity of acquiring and using complex systems of communication. All language s rely on the process of semiosis to relate sign to particular meanings. There are many examples in the transcript that show Koko relying on language as a way to convey a message. For example, when Koko says, Browse for there hurry,† Koko is relying conveying an action to relate to a sign which is food to convey a eaning, which is for penny to hurry up and give her food. Human language is thought to convey of two parts; one is lexicon and second is grammar. Koko is able to communicate with her translator penny with her own lexicon, which would be 1000 words of sign language and who also understand over 2000 words of spoken English. Koko is able to convey her thoughts into sign that penny is able to understand. For example, when Koko says, â€Å" mouth give me. † Koko uses sign to communicate with penny, telling her to give her food.Because linguistic signs are arbitrary, Penny and Koko both had to have an understanding with each other, they both had to agree to assign a valuable meaning on that specific sign. Language separates us from others and because we cannot determine whether animals have â€Å"thought,† many people can say that penny is interpreting small gestures and actions into a series language that many not actually be within Koko’s intellectual capacity. I still believe that Koko is a speaker because language is a natural organism, that grows and evolves in accordance with fixed laws and not determinable by the will of humans.Since Koko is able to form her own sentence using her lexicon, I would consider her to a speaker of language. Language is not a function of the speaker, but it is passively assimilated, that too could mean the same to for Koko. In addition, I believe that these transcripts do not provide sufficient evidence to decide whether Koko is a speaker of language or not. Although I believe Koko is understandable of human language there are further question to address. Koko could just be one in a million chan ce that is able to comprehend human language or it could all be sign and actions misinterpreted into a so called language.To further conclude that this is not the case, I would need to have more information on other cases of gorillas that can also speak in American Sign Language. His could further prove that Koko is just not an extraordinary case but it is seen in other gorillas. I would also like more information on Koko’s life and if she chosen for any specific reasons as for learning Sign Language. Did she show more intellectual capacities than other gorillas? I would also like to know if Koko only uses American Sign Language as the only form of communication with others or does she resort to her natural way of communication with humans and other gorillas.I would also like to know the process of teaching her American Sign Language and how she interacted back in the process of learning. This information could give me a clear understanding for the reasons why she was she and give me evidence that she was actually thought something and was not misguided or misinterpreted into something that it truly was not. In conclusion, Koko is a very special gorilla that I believe is a speaker of language because she is able to understand and comprehend rational ideas.Language is always changing, words are always being added, Koko has her own language that is understood through her translator Penny, she is not only able to communicate but one is led to believe she is capable of rationalize thoughts and comprehension of sign language. Although her ideas may not be clear she has an understanding of the human language that is clear enough for the human to interpret what it is she is trying to say. Koko has her own lexicon and grammar to which in turn provides a meaningful sentence that not only she can understand but to Penny as well.

The eNotes Blog 3 Tips to Overcome TestAnxiety

3 Tips to Overcome TestAnxiety For many of you end of year finals are here, or if not, theyre lurking behind the next corner. If this thought makes your stomach drop or your  palms sweat, we have some helpful tips for working past your test anxiety and getting the grade you deserve. Read on, and good luck! Its time for that final push before the end of another school year. Whatever form they might take SATs, ACTs, midterms or finals exams are just around the corner, and no matter how well youve prepared you  still  get those test-day jitters. If this sounds like you, dont fear! Here are three study tips to help you calm your nerves before your next test or exam Dont cram before your test. You should begin studying for your exam well in advance of D-Day. Some review the night before is wise, but leaving your studying until the last minute can turn any nervous test taker into a nervous wreck. Instead, finish early the night before and move on to the next step below.   Practice meditation. You dont have to be a yogi to meditate; meditation is simply the act of clearing the mind of external, nagging thoughts. You probably practice meditation throughout the day without even realizing it! Now try it consciously by breathing deeply, relaxing your body one muscle at a time, and emptying your thoughts of exam stress.  A recent study  also shows the positive effect meditation can have on grades, which means this tactic can not only help you to relax, but to actually improve your score as well. For help with how to relax your body and empty your mind, try listening to  this guided meditation  specifically for students. Follow these steps the night before your exam and not only will you have a great nights sleep, but youll be calm and set for your big test too. During your test its easy for nerves to give way to panic. But if you go down that route, you could spend half your time fretting over questions instead of actually answering them. Try to keep yourself grounded in the exam itself by focusing your concentration on one question at a time. To build up your confidence, you may want to answer easier questions first before moving on to more difficult ones. And of course, begin your exam by skimming through as much of the test packet as youre permitted to. This will give you a good idea of how to manage your time wisely. And if it gets tough, remember: just breathe. You know the material, so dont let shaky nerves hold you back from the grade you deserve! Here are five more quick tips and tricks to remember on test day: Dont worry about how quickly other people finish their tests, and dont be afraid to take your time. Rushing isnt necessarily a sign of competence. Taking a Math or Science test? Write down important formulas you may need to remember during the test in a margin. For tests in other subjects you can also use this trick for important dates or definitions that are easy to forget. Exercise in the days leading up to your exams to reduce stress. Dont forget to read the directions for every test section before you begin! Show up to the test site early so you dont have to stress about possibly being late. Good luck with finals!

Death Penalty in the Philippines Essay Essays

Death Penalty in the Philippines Essay Essays Death Penalty in the Philippines Essay Paper Death Penalty in the Philippines Essay Paper 1987. But six yearsafter it has reimposed the decease punishment. the Philippines has overtaken its Asiatic neighbours and hasthe most figure of decease inmates. Within less than a twelvemonth. nevertheless. the military constitution was buttonholing for its reimposition as ameans to battle the â€Å"intensifying† offenses of the CPP/NPA guerillas. Gen. Fidel V. Ramos. thenChief of the Armed Forces of the Philippines and subsequently elected President of the Philippines in 1992. was among those who were strongly naming for the reintroduction of the decease punishment againstrebellion. slaying and drug trafficking. In mid 1987. a measure to reinstate the decease punishment was submitted to Congress. Military force per unit area wasvery much evident in the preamble which cited the pestering insurgence every bit good asthe recommendations of the constabulary and the military as obliging grounds for the reimposition ofthe decease punishment. The measure cited recent right flying putsch efforts as an illustration of the alarmingdeterioration of peace and order and argued for the decease punishment both as an effectual deterrentagainst flagitious offenses and as a affair of simple retaliatory justness. When Ramos was elected as President in 1992. he declared that the reimposition of the deathpenalty would be one of his precedences. Political discourtesies such as rebellion were dropped from thebill. However. the list of offenses was expanded to include economic discourtesies such as smuggling andbribery. In December 1993. RA 7659 reconstructing the decease punishment was signed into jurisprudence. The jurisprudence makersargued the deteriorating offense state of affairs was a compeling ground for its reimposition. The mainreason given was that the decease punishment is a hindrance to offense. In 1996. RA 8177 was approved. qualifying deadly injection as the method of executing. Six old ages after Last February 5. 1999. Leo Echegaray. a house painter. was executed for repeatedly ravishing hisstepdaughter. He was the first inmate to be executed since the re-imposition of decease punishment in1995. His executing sparked one time once more a het argument between the anti and the pro-death penaltyforces in the Philippines with a immense bulk of people naming for the executing of Echegaray. Thatthere was a strong blare for the infliction of the decease punishment should be viewed from the pointof position of a citizen who is urgently seeking ways to halt criminalism. The Estrada disposal peddled the decease punishment as the counterpoison to offense. The concluding wasthat if the felons will be afraid to perpetrate offenses if they see that the authorities is determinedto put to death them. Oppositors maintained that the decease punishment is non a hindrance and that therehave been surveies already exposing the disincentive theory. Legislators and politicians refused toheed the rec ommendation of the Supreme Court for Congress to reexamine the decease punishment siting onthe popularity of the pro-death punishment sentiment Six old ages after its reimposition. more than 1. 200 persons have been sentenced to decease andseven inmates have been executed through deadly injection. Yet today. there are no marks thatcriminality has gone down. From February 6. 1999. a twenty-four hours after Leo Echegaray was executed. to May 31 1999 two leadingnewspapers reported a sum of 163 offenses which could be punishable by decease punishment. But perhapsthe best index that this jurisprudence is non a hindrance to criminalism is the ever-increasing figure ofdeath inmates. From 1994 to 1995 the figure of individuals on decease row increased from 12 to 104. From 1995 to1996 it increased to 182. In 1997 the entire decease inmates was at 520 and in 1998 the inmates indeath row was at 781. As of November 1999 there are a sum of 956 decease inmates at the NationalBilibid Prisons and at the Correctional Institute for Women. As of December 31. 1999. based on the statistics compiled by the Episcopal Commission on PrisonerWelfare of the Catholic Bishops Conference of the Philippines. there were a sum of 936 convictsinterned at the National Bilibid Prisons and another 23 detained at the Correctional Institute forWomen. Of these figures. six are bush leagues and 12 are aliens. One of the grounds as to why human rights groups oppose the decease punishment is because of theweaknesses and imperfectnesss of the Philippine justness system. This is really much evident in thereview of decease punishment instances made by the Supreme Court from 1995 to 1999. Two out of everythree decease sentences handed down by the local tribunals were found to be erroneous by the SupremeCourt. Out of the 959 inmates the SC reviewed 175 instances affecting 200 inmates from 1995 to 1999 ; 3cases were reviewed in 1995. 8 in 1996. 8 in 1997. 38 in 1998. 118 in 1999. Of these 175 instances. the SC affirmed with conclusiveness and first avowal merely 31 % or 54 casesinvolving 60 inmates. Of these instances 24 were affirmed with conclusiveness. while the staying 36 weregiven first avowal. Sixty nine per centum ( 69 % ) or 121 instances were either modified. acquitted or remanded for retrial. Eighty four ( 84 ) instances affecting 95 inmates were modified to reclusion perpetua. 10 insta nces involving11 inmates were modified to indeterminate punishment. 11 instances affecting 11 inmates were remanded tolower tribunal for retrial and 16 instances affecting 23 inmates were acquitted by the SC. . In a survey prepared by the Free Legal Assistance Group ( FLAG ) . it pointed out that the consequence ofthe reappraisal of instances done by the Supreme Court â€Å"point all excessively clearly to the imperfectnesss. failings and jobs of the Philippine justness system† . Some determinations of the test tribunals wereoverturned for enforcing decease punishment on discourtesies which were non capable to decease punishment. Otherdecisions of the lower tribunals were set aside because of substantial and procedural mistakes duringarraignment and test. Still others were struck down because the lower tribunal mis-appreciatedevidences. In a study conducted among 425 inmates in 1998. 105 or 24. 7 % were agricultural workers. 103were building workers. 73 were transport workers. and 42 were in workers in gross revenues andservices. Merely 6 % finished college while 32. 4 % finished assorted degrees of high school while theremaining did non travel to school or hold finished merely simpl e or vocational instruction It is possibly of import to indicate out that out of these 46 offenses punishable by decease. the deathpenalty has been applied to merely 17 offenses. No 1 has been convicted of qualified graft. qualifiedpiracy and loot. Interestingly besides. no public functionary has been sentenced to decease for crimesinvolving public functionaries. Yet. the authorities maintains that it is effectual in battling offense. Under the decease penaltylaw. 46 offenses are considered flagitious and are now capable to the decease punishment. It imposes themandatory decease punishment on 21 offenses while the other 25 offenses are decease eligible. These arecrimes for which a scope of punishments including the decease punishment is imposed. Some Congressmans and Senators are suggesting other lists of offenses to add to the above. Some evencontemplated take downing the age of those punishable by the decease punishment to include youthfuloffenders. The decease punishment is an easy manner out for a authorities in the face of a strong call from thecitizenry who wanted the authorities to halt criminalism. It is being used to make the semblance thatthe author ities is making something to halt the offenses when in fact it is non. Sad though it possibly. more lives would be lost unless the decease punishment in the Philippines is repealed. SANTOS A. LABANPHILIPPINE ALLIANCE OF HUMAN RIGHTS ADVOCATESAquino disposal 1987 Harmonizing to the 1987 Constitution. Art. III ( Bill of Rights ) . Sec. 19. ( 1 ) Excessive mulcts shall non be imposed. nor barbarous. degrading or cold penalty inflicted. Neither shall decease punishment be imposed. unless. for obliging grounds affecting flagitious offenses. theCongress afterlife provides for it. Any decease punishment already imposed shall be reduced toreclusion perpetua. In mid-1987. a measure to seeking to reinstate the decease punishment for 15 ‘heinous crimes’ includingmurder. rebellion and the import or sale of forbidden drugs was submitted in Congress. 1988 In 1988. the armed forces started buttonholing for the infliction of the decease punishment. Then Armed Forcesof the Philippines Chief General Fidel Ramos was outstanding among those naming for thereintroduction of the decease punishment for rebellion. slaying and drug-trafficking. The militarycampaign for the Restoration of the capital penalty was chiefly against the CPP-NPA. whoseoffensives so included urban blackwash runs. Anti-death punishment groups including Amnesty International opposed the measure. but the House ofRepresentatives voted for Restoration by 130 ballots to 25. 1989 Three similar measures were put before the Senate. After a bloody 1989 putsch. President Aquinocertified as pressing one of these measures on the suggestion of Ramos. The said measure once more proposed deathpenalty for rebellion. every bit good as for sedition. corruption and rebellion. 1990 The Senate suspended the ballot on decease punishment for a twelvemonth1991 The Senate did non hold to travel to a determination. Ramos disposal A series of high profile offenses during this period. including the slaying of Eileen Sarmenta andAllan Gomez. created public feeling that flagitious offenses were on the rise. The Ramosadministration succeeded in reconstructing decease punishment. 1992 President Fidel Ramos during his first State of the Nation reference declared that hisadministration would see the Restoration of the decease punishment a legislative precedence. and urgedCongress to take rapid action. 1993 Ramos signed into Republic Act 7659. the new decease punishment jurisprudence. on December 13. 1993. 1994Republic Act 7659 took consequence on January 1. 1994.1996 Republic Act No. 8177. which mandates that a decease sentence shall be carried out through lethalinjection. was approved on March 20. 1996. Estrada disposal Seven decease inmates were executed during the Estrada disposal before he announced amoratorium on executings. 1999 Leo Echegaray. 38. was executed by deadly injection on February 5. 1999. He was the first to beexecuted after the Philippines restored decease punishment. It was the Philippine’s first executing in 22 old ages. Six more work forces followed within the following 11 months. 2000 On March 24. 2000. Estrada imposed a de facto moratorium in observation of the Christian JubileeYear. He besides granted 108 Executive Clemencies to decease inmates. On December 10. 2000. Human Rights Day. Estrada announced that he would transpose sentences ofall decease inmates to life imprisonment. He expressed his desire to attest as pressing a measure seeking arepeal of the Death Penalty Law. Arroyo disposal Please see Gloria Arroyo on decease penalty–a timelineWhile the Arroyo disposal has been characterized by a flip-flopping base on decease punishment. no decease inmate has been executed under her ticker. Voting individually. the two Houses of Congress on June 6. 2006 repealed the decease punishment jurisprudence. Arroyo signed Republic Act 9346 on June 24. 2006. The jurisprudence prohibited the infliction of the deathpenalty. History of decease punishment inthe Philippines The history of the decease punishment was extensively discussed by the Supreme Court in People vs. Echegaray. [ 1 ] As early 1886. capital penalty had entered the Philippine legal system through theold Penal Code. which was a modified version of the Spanish Penal Code of 1870. The Revised Penal Code. which was enforced on 1 January 1932. provided for the decease punishment inspecified offenses under specific fortunes. Under the Revised Penal Code. decease is the penaltyfor the offenses of lese majesty. correspondence with the enemy during times of war. qualified buccaneering. parricide. slaying. infanticide. snatch. colza with homicide or with the usage of deathly weapon orby two or more individuals ensuing in insanity. robbery with homicide. and arson ensuing in decease. The list of capital discourtesies lengthened as the legislative assembly responded to the exigencies of thetimes. In 1941. Commonwealth Act ( C. A. ) No. 616 added espionage to the list. In the fiftiess. at the heightof the Huk rebellion. the authorities enacted Republic Act ( R. A. ) No. 1700. otherwise known as theAnti-Subversion Law. which carried the decease punishment for leaders of the rebellion. From 1971 to1972. more capital discourtesies were created by more Torahs. among them. t he Anti-Hijacking Law. theDangerous Drugs Act. and the Anti-Carnapping Law. During soldierly jurisprudence. Presidential Decree ( P. D. ) No. 1866 was enacted punishing with decease. among others. offenses affecting homicide committedwith an unaccredited piece. In the wake of the 1986 revolution that dismantled the Marcos government and led to thenullification of the 1973 Constitution. a new fundamental law was drafted and ratified. The1987Constitutionprovides in Article III. Section 19 ( 1 ) that: Excessive mulcts shall non be imposed. nor barbarous. degrading or cold penalty inflicted. Neithershall decease punishment be imposed. unless. for obliging grounds affecting flagitious offenses. the Congresshereafter provides for it. Any decease punishment already imposed shall be reduced to reclusionperpetua. Congress passed Republic Act No. 7659 ( entitled â€Å"An Act to Enforce the Death Punishment on CertainHeinous Crimes. Amending for that Purpose the Revised Penal Code. as Amended. Other SpecialPenal Laws. and for Other Purposes† ) . which took consequence on 31 December 1993. Constitutional challengeThis is extensively discussed in the instance of Peoples vs. Echegaray. ( For redacting ) Abolition of decease penaltyOn 24 June 2006. President Gloria Macapagal-Arroyo signed into jurisprudence Republic Act No. 9346. entitled â€Å"An Act Forbiding the Imposition of Death Penalty in the Philippines† Effectiveness of the new jurisprudence Section 5 of R. A. No. 9346 specifically provides that it shall take consequence instantly after itspublication in two national newspapers of general circulation. This is pursuant to Article 2 oftheCivil Codewhich provides that Torahs shall take consequence after 15 yearss following the completion oftheir publication either in the Official Gazette. or in a newspaper of general circulation in thePhilippines. unless it is otherwise provided. R. A. No. 9346 was published in Malaya and Manila Times. two national newspapers of generalcirculation on 29 June 2006. Consequently. R. A. No. 9346 took consequence on 30 June 2006. [ 2 ] Exemplifying instances As a consequence of the abolishment of the decease punishment. bing punishments for decease were reducedtoreclusion perpetua. within the possibility ofparole. Here are exemplifying instances: The instance of Peoples of the Philippines vs. Quiachon [ 3 ] involves an accused who raped his 8-year olddaughter. a deaf-and-dumb. Under Article 266-B of theRevised Penal Code. the imposable penaltyshould have been decease. With the abolishment of the Death Penalty. nevertheless. the punishment was reducedtoreclusion perpetua. without the possibility of parole under theIndeterminate Sentence Law. The instance of Peoples of the Philippines vs. Santos [ 4 ] involves therapeof a 5-year old kid. Theaccused was meted the punishment of decease because colza committed against a  ¶child below seven ( 7 ) old ages old · is a dastardly and abhorrent offense which merits no less than the infliction of capitalpunishment under Article 266-B of theRevised Penal Code. The sentence was besides reducedtoreclusion perpetua. without the possibility ofparole. The instance of Peoples vs. Salome [ 5 ]involves arapeof a 13-year old miss ( who got pregnant ) . committedin a home and with the assistance of a bladed arm. The imposable punishment should hold been decease. but with the abolishment of the Death Penalty. theSupreme Courtreduced the punishment toreclusion perpetua. without the possibility ofparole. The instance of Peoples of the Philippines vs. Tubongbanua [ 6 ]involves the slaying of a victim whosuffered 18 pang lesions which were all directed to her thorax. bosom and lungs. Sing theexistence of the measure uping circumstance of apparent forethought and the aggravatingcircumstances of brooding. and taking advantage of superior strength without any mitigatingcircumstance. the proper imposable punishment would hold been decease. However. with the abolishment ofthe decease punishment jurisprudence. the punishment imposed wasreclusion perpetua. without the possibility ofparole

Impact of FTA on international trade Research Paper - 3

Impact of FTA on international trade - Research Paper Example ble indicated the geographical distance between the largest cities of the countries involved in free trade agreements reflecting the intangible and tangible trade costs. The results were expected to be negative with a longer distance as the cost increased with distance (Braga and Mendez, 1983). Language and adjacency were the dummy variables that indicated trade costs such as transportation cost as well as cultural similarity. The adjacency variable indicated the value of unity of countries sharing a common border while language variable indicated the value of unity if common official languages shared among the involved countries. The binary variable FTA was important in capturing â€Å"the general FTA effect on trade flows.† The variables were constructed based on 22 regional trade agreements as well as 86 bilateral trade agreements up to 2006 (Chen and Tsai, 2005). The nested dummy variable is Timedum was used for capturing the external annual time effect at the period. The data was collected through primary as well as secondary sources. Primary data was collected by the help of observations and by conducting interviews; whereas the secondary data was collected from scholarly sources. The sample for estimation of the information includes 178 countries between the period of 1985 to 2005. For the study, the sample was constructed through expansion of the dataset as constructed by Rose (2005). The bilateral trade values, GDP per capital, distance, GDP, language and adjacency variables from the data were set and were expand using the International Financial statistics of IMF (international monetary fund) and the Direction of Trade Statistics. The trade data was taken from the Direction of Trade Statistics (DOT). The dummy variables, i.e., distance, language, Adjacency are kept constant for the study. In the estimation method, a structural change test was first conducted because the sample had a long time series dimension. The cumulative sum of recursive residual

Discuss and critically assess the assertion that the role of marketing Essay

Discuss and critically assess the assertion that the role of marketing - Essay Example The essay will go on to compare whether marketing has a more functional rather than strategic role in the era of modern marketing and how this is reflected in modern marketing strategies in the modern corporate world. The Marketing concept entails the philosophy that firms should be able to analyse consumer needs and then make any decisions to satisfy those needs (Nakata.C.2002). The concept is fairly new and only found its way into modern business philosophy after the Second World War. (Nakata.C.2002). However even in the 18th century economists like Adam Smith in his book the wealth of nations 1776 were of view that needs of the producers should only be viewed in sync with the needs of the consumers (Nakata.C.2002). There has been much academic consensus that the role of marketing is often viewed from too narrow a perspective. (Anttila 2002, Anderson 1982).This assertion then begs the question as to what is the comprehensive perspective of the marketing concept. Thus it would seem that the wider role of marketing synthesizes a variety of particular skills and practices learned as well as resources created "translating the philosophy into specific business strategies in order to achieve competitive advantages and superior performance".Antilla 2002). Strategic planning, is how an organisation defines its strategy, or direction, and making decisions on allocating its resources to pursue this strategy, including its capital and people. (Schultz 1994).The concept of marketing on the other hand has come a long way. As long back as 1910 there was "a period of conceptualization" for marketing and it was celebrated as "matter in motion". (Robert 1976) During the following decades the concept of marketing then integrated and developed and it was given agreed that the functional institutional commodity analysis of marketing was unsatisfactory and a definition of marketing evolved (Robert 1976). Marketing as a necessity for all stages of production Selling gets differentiated from marketing by the fact that selling is only done when a product is made available on the shelf within a retail outlet while marketing starts right at the beginning as early as the idea is conceived or being developed (Orpen, 1985).This contention above alone would demonstrate how marketing has penetrated the earlier stages of production and how it has become indispensable for making the strategies succeed. (Anderson 1982)All this however also entails that the narrow, specialist approach to marketing would weaken the strategic planning itself.(Anderson 1982,Shiner 1998) Marketing as an integral and strategic part of the general management orientation In the understanding of the role of marketing vis a vis strategic planning a much seasoned approach would be to assess the relationship between the two before passing a judgment on the role of modern marketing. As I have mentioned before strategic planning concerns the "direction of business"(Robert 1976) as regarding its production, output finance and operations. Where does marketing fit in then Marketing will fill in the gap and solidify the strategic