Monday, January 27, 2020
Irish Government Foreign Policy
Irish Government Foreign Policy The X Liberation Party have been duly elected to govern the state of X and, after the election, the party renounced the former constitution and enacted two pieces of radical legislation, firstly the Rendition Research Institute Act 2006 which permits the government to feely interrogate and torture people without any judicial or legal oversight and, secondly, a statute that forbids the use of the word rendition in any form of publication and breaking this law is punishable by death. Perhaps understandably, the Irish lawyers who are working in the state of X refuse to recognise the new lawyers presumably because the laws curtail the freedom of speech, permit torture at the behest of the government and provide for capital punishment for a relatively menial offence. The Irish government takes a hard line Kelsenite view on all matters of recognition and dealings with foreign states, that is, the governmentââ¬â¢s policies are based on the extensive theories of Hans Kelsen, an Austrian jurist who advocated legal positivism and the pure theory of law. Legal positivism involves attempting to explain what the law is, not what it ought to be. The theory is concerned with the science of law and not legal politics. However, Kelsenââ¬â¢s theories differed slightly from those of other legal positivists because Kelsen viewed a legal statement as a normative statement, a statement of how one ought to behave. Consequently, Kelsen developed his pure theory of law. The theory is pure partly because it does not focus on justice and is stripped of its ideological, political, economic and historical dressings. In Kelsenââ¬â¢s words ââ¬Ëthe pure theory of law simply declares itself incompetent to answer either the question whether a given law is just or not, or the more fundamental question of what constitutes justiceââ¬â¢[1]. Kelsen believes that ââ¬Ëthe pure science of law seeks the real and possible law, not the just, and in this sense it is radically realistic and empirical. It declines to justify or condemnââ¬â¢[2]. The fact that the law exists does not guarantee that the legal order is just. In Kelsenââ¬â¢s opinion, any legal order is comprised of general norms and each norm depends on a higher norm for its validity; the theory of the hierarchical system of norms. Of course, this hierarchical system is not infinite; the highest norm in the system is the basic norm or ââ¬Ëgrundnormââ¬â¢, and does not depend on another norm for its validity. The basic norm will often be the constitution and is presupposed to be valid due to a transcendental-logical presupposition[3]. This is because the basic norm has the function to found the objective validity of the subjective meaning of the acts by which the constitution is created.[4] The norms that are below the basic norm are valid because the basic norm has conferred objective validity on these general norms. Kelsen also hypothesised about the consequence of changing the basic norm in relation to whether the change would be valid.[5] Kelsen described the situation whereby a group of individuals seize power by force and remove the legitimate government to introduce a republican government. Kelsen believed that if the citizens conform to the new order, the new order will be valid. This is because, in Kelsenââ¬â¢s opinion, in order for a norm to be valid it has to be efficacious and the norm must command a sufficiency of adherence or obedience from the majority of citizens to validate it; universal or total obedience is not essential. The X liberation party was duly elected to power by a majority of citizens and the party has the support of the military and the police, thereby satisfying the sufficiency of adherence requirement. The validity and efficacy of the new laws would only be questioned if the majority of the citizens of X did not attach credence to the laws or if they avoided compliance. The legal order that was in place prior to the X liberation party coming to power lost its efficacy and consequently every norm lost its validity because the whole legal order was annulled in a constitutional way.[6] Kelsen also believes that the validity of the basic norm is presupposed and that ââ¬Ëcoercive acts ought to be carried out only under the conditions and in the way determined by the ââ¬Å"fathersâ⬠of the constitutionââ¬â¢.[7] On this basis, it is clear that the Irish governmentââ¬â¢s stance is that the basic and general norms enacted by the X liberation party are valid legal norms that should be obeyed by the Irish lawyers. The Irish lawyers may believe that the new statutes are morally reprehensible. However, value judgments and moral or ethical considerations are irrelevant from a Kelsenite perspective. Kelsen completely rejected any connection between law and morals and theorised that all historical, sociological and ideological issues were beyond the scope of his pure theory of law. Kelsen distinguished between law and morals on the grounds that law is a coercive normative order that attempts to bring about a certain type of behaviour by attaching to the opposite behaviour a socially organised coercive act[8] such as the forcible taking away of life, of freedom or of economic or other value, whereas a morality based system comprises of a social order without sanctions where merely approbation of norm-conforming behaviour and disapprobation of norm-opposing behaviour is given. To Kelsen, morals are merely propositions that describe our subjective preferences for behaviour that is impossible to prove objectively; morals are essentially irrational because they merely express different feelings and intuition.[9] Indeed, from a Kelsenite viewpoint any law, even if it was considerably harsher and more morally reprehensible that Xââ¬â¢s current laws, is valid if it satisfies the principle of efficacy and can rely on a higher norm for its valid legal existence because, according to Kelsen, ââ¬Ëthere is no kind of human behaviour that, because of its nature, could not be made into a legal duty corresponding to a legal rightââ¬â¢.[10] Therefo re, as the rule book of the X liberation party is a valid basic norm according to Kelsenââ¬â¢s theory, the Irish government believes that these laws should be obeyed and will not consider any question as to whether the laws are just or morally sound. Indeed, ââ¬Ëwhat content this constitution or the natural legal order built on its foundations has, be that order just or unjust, does not come into question, not whether that legal order guarantees relative peace within the community constituted by itââ¬â¢[11] Even where the punishment that results from breaking a law is death, Kelsen believes that, provided the law satisfies the validity and efficacy requirements, the law is correct and should be obeyed, notwithstanding the fact that capital punishment is used as a sanction for a trivial law such as the law enacted by the X liberation party which allows the government to punish by death any person who uses the word rendition in a publication. Kelsen specifically addresses the validity of a law where the ultimate sanction for breach is death.[12] Kelsen believes that when one individual deprives another of his life the law will be legal ââ¬Ëonly if it is prescribed by an individual legal norm, namely as an act that ought to be performedââ¬â¢[13]. Such a severe law will be valid ââ¬Ëbecause this individual norm was created in applying a criminal law that contains a general norm according to whichâ⬠¦the death penalty ought to be inflictedââ¬â¢[14]. Its validity stems from the fact that the law was ââ¬Ëcreated by the legislature, and the legislature, in turn, is authorised by the constitution to create general normsââ¬â¢[15]. Therefore, as the party rule book is the valid basic norm of the legal order of the state of X, the general norms created by the X liberation party are also valid and must be followed by the Irish lawyers, including the norm that prescribes death as a punishment for contravening that norm. If the Irish lawyers contravene the laws of X, they themselves could face imprisonment or even death. Bibliography L.B. Curzon, ââ¬Å"Jurisprudenceâ⬠, 1995, 2nd ed. Cavendish Publishing Ltd M.D.A. Freeman, ââ¬Å"Lloyds: Introduction to Jurisprudenceâ⬠, 2001, 7th ed. Sweet and Maxwell W. Morrison, ââ¬Å"Jurisprudence: From the Greeks to post-modernismâ⬠, 1997, Cavendish Publishing Ltd J. Penner; D. Schiff R. Nobles, ââ¬Å"Introduction to Jurisprudence and Legal Theory: Commentary and Materialsâ⬠, 2002, Butterworths Lexis Nexis Footnotes [1] L.B. Curzon, ââ¬Å"Jurisprudenceâ⬠, 1995, 2nd ed. Cavendish Publishing Ltd at para 12.3 [2] ibid. [3] Kelsen, ââ¬Å"The Pure Theory of Lawâ⬠, 1945, at pg. 201 [4] Kelsen, ââ¬Å"Professor Stone and the Theory of Law2, 1965, 17 Stan. LR 1130, at 1141 [5] Kelsen, ââ¬Å"General Theory of Law Stateâ⬠, 2005, Transaction Publishing at p. 115 [6] ibid. at 119 [7] ibid. at 117 [8] J. Penner; D. Schiff R. Nobles, ââ¬Å"Introduction to Jurisprudence and Legal Theory: Commentary and Materialsâ⬠, 2002, Butterworths Lexis Nexis, p 196 [9] W. Morrison, ââ¬Å"Jurisprudence: From the Greeks to post-modernismâ⬠, 1997, Cavendish Publishing Ltd p. 333 [10] Kelsen, ââ¬Å"The Pure Theory of Lawâ⬠, 1945 at p. 113 [11] Kelsen, ââ¬Å"The Function of a Constitutionâ⬠, 1986, at pg. 116 [12] Kelsen, ââ¬Å"The Pure Theory of Lawâ⬠, 1967, translated from Kelsen, ââ¬Å"Reine Rechtslehreâ⬠, 1960, 2nd ed. [13] ibid. [14] ibid. [15] ibid.
Sunday, January 19, 2020
A Global Language Essay
As a Untied States citizen, English is the first language of any American citizen. If we add another foregin language to the criteria of our nation, The United States would not be a mixed diversity of race anymore. The Ethnicity would be the same, but our race would be different. For example, The United States of America has been a diverse country with many races such as, American, African American, Hispanic, Chinese, etc. As the generation ages, the country should be open to learning a new languages. When a language acquires a global identity as English has done, many unexpected things can happen. The two main conflicting issues that have come out as a problem are identity and internationalism. Internationalism here means the ability for a language to be understood. It calls for a standard that is agreed in terms of grammar, vocabulary, spelling, punctuations and the conventions of its use. There is no doubt whatsoever about English being a global language in these times we are leaving in. It has become the language of communication and technology and any one who does not want to be left behind in all this has no option but to learn it and eventually English speakers in the coming years will increase extremely. This in itself will disadvantage the native English speakers as they will be outnumbered by the non-native English speakers. They will be the only ones speaking one language as they will see no reason in learning a second language. With time the English language will be controlled be the many non-native speakers who will have become competent in it. The language will then diversify into many versions that will then bring about a lesser understanding than it was initially intended. Communication is the most phenomenal factor in the live of human beings and this has been greatly advanced by the existence of global language. This is language that is used beyond the borders of a single country and this has created understandings among the countries. A global language is sometimes known as ââ¬Ëlingua francaââ¬â¢ and includes French, English, Latin, and German among others. Having such a language is sometimes beneficial and may also be detrimental to those who are using it. This discussion will explore the instances where English as a global language is overridden by disadvantages. It is important to note that most of people use English as their second language besides their native language. People whose English as their mother-tongue language have an advantage over the other group of people since they easily develop the ability to manipulate the language. This will however be disadvantageous to the other speakers who have English as their second language and will have many problems and waste most of their time trying to master the language. Dominance of English as a language also creates the notion in the minds of many people that their native language is not important and unnecessary. This will create a room of discrimination of the minor groups in the society and further enhance it because language in most cases is used as an identity. This may make the threatened individuals to abandon their language thus enhancing extinction.
Saturday, January 11, 2020
Disorderly Sleeping
Disorderly Sleeping Ethane Mesa-Morale's Franklin University Morning person? Night owl? Something in between? When are you at your best? Vie found that no matter the hour of day, I am the best me I can be after a good nights' sleep. Sleep a wonderful state of unconsciousness after shopping at the mall with a four year, a five year old, a six year old, and a 7 year old. Let's face it for some of us sleep is a luxury, better than a day at the spa, but the reasoning behind sleep and the various disorders, damages and wonders it can cause are a mystery to even the brightest scientific minds.What do we really know about the all-powerful world of sleep? We know that we should sleep at least 8 of every 24 hours. We know that there are 24 hours in a day and we know that it takes the earth 24 hours to rotate. (Rather, 100) Coincidence? I think not. The earth turns too circadian rhythm or cycle that is connected with the twenty four hour period of the earth's rotation, but we don't know why. F or now this remains one of the great mysteries of the universe, literally. So, what happens when we sleep? During most of our day, we are awake, conscious of the world around us.Once a body realizes it is tired, the natural reaction is to relax. As our bodies begin to get drowsy our consciousness or awareness begins to slip away into the unconscious state of sleep. We are then in whole new world. One where there are five progressive stages of unconsciousness. Four stages of NORM (non- rapid eye movement sleep) and ERM (rapid eye movement) sleep. In stage one of NORM, our bodies assisted by slowed brain waves that create a theta pattern, which have a frequency of about 6 to 8 cycles per second and are accompanied by slow, rolling eyes.Stage one is the lightest stage of sleep, and could also be considered dozing. In stage 2 of NORM sleep, brain waves slow Just a bit at 4 to 7 cycles per second. Stages 3 and 4 are considered the deep sleep stages and produce brain waves called delta th at cycle approximately 0. 5 to 2 times per second. (Rather, 101) It is at this time when it gets interesting. One would think after stage 4, there would be a transfer into ERM sleep, which is said to be the deepest sleep of all. This doesn't happen.The cycle is then reversed and from stage four we go cycle back though stages 3, 2, and 1. Upon returning to stage 1, we then fall into ERM sleep. Therefore it would be logical to conclude that while ERM sleep is much deeper than stage 1 sleep, the brain waves are extremely similar. The difference here would be in the amplitude of the brain waves and the rapidity of eye movement. During ERM sleep, our eyes tend to dart around rapidly as if searching for something lost that is urgently needed. Earlier we determined that sleep is necessary to function at 100%.Unfortunately, there are problems related to sleep that can interfere with our ability to function at inability to fall asleep or stay asleep, narcolepsy also, known as sleep attacks, pane, sleep terrors, bed-wetting and sleepwalking. Insomnia is a common sleep disorder affecting approximately 2/g's of adults each year. Pane is a sleep disorder in which an affected patient stops breathing often several hundred times a night. Sleep terrors are similar to nightmares but are extremely terrifying and interrupt sleep. Both bed-wetting and sleep-walking are both thought to end with maturity although, have been known to happen well into adulthood.Narcolepsy, while being a sleep disorder does not happen while you are asleep, instead it makes you fall asleep suddenly with no warning while you appear to be wide awake. It is a dangerous disorder and can cause various accidents including loss of life or limb. It is said that Abnormalities in the hypothetic system may be responsible for the daytime sleepiness and abnormal ERM sleep found in narcolepsy. (Chunk) It can often go undiagnosed or misdiagnosed for years delaying treatment and preventing a cure. Once it has been corr ectly diagnosed, Amphetamines can be used in treatment.It is also suggested that regular exercise and exposure to bright eight be used for alertness in combination with alertness medicines prescribed by a physician. Sleeping disorders come in all shapes and sizes, and affect the smallest of children to the oldest of adults. For example, currently the sleep disorder in my family, and that of many families with young children is befitting. My son, who is four, Just can't seem to get up and get to the bathroom in time. The remedy in our house at the present time is to attempt to wake him up around 2 or 3 in the morning, unfortunately we don't always get to him before, well the you know, happens.Previously Vie had issues with sleep pane due to a medication given to me in the hospital. I was constantly monitored by nurses, who would constantly wake me to give me breathing treatments. Fortunately, insomnia is not a non-issue until about 7 am on Saturday and my darling devils decide it's t ime to play, but I suppose that form of insomnia is not a disorder. References Rather. S. A. (2011). Psych 1 10: Franklin University. Mason, Ohio: Coinage Learning Chunk,J. P. (2010). Narcolepsy. Retrieved from http://www. Medicine. Com/ narcolepsy/article. HTML
Friday, January 3, 2020
Does Social Workers Improve The Quality Of Life For...
Perspective to the Change in Behavior Social Workers are continuously seeking ways to improve the quality of life for clients, and they are also seeking innovative ways to empower clients to embrace change that impacts their lives positively. ââ¬Å"The strengths perspective says that the client has the resources to overcome adversity but these resources may not be evident to the clientâ⬠(Arnold, 2015). Just as social workers empower their clients to modify behaviors, the same method can be applicable to change in the lives of social workers. These changes provide social workers with the tools necessary to empathize with the difficulties clients may be challenged with when pursuing change. Therefore, some strengths that are recognized in conducting this behavior modification are as follows: study feels less dependent on caffeine for energy, study is sleeping better, study feels as if mood is not effected, study has found alternative options that are healthier, and more. The str ategies implemented to assist author with coping with behavior modification has encouraged her to continue alternating these strategies to eventually cease use of coffee and energy drinks completely. Another strength is the remarkable reduction over time of the use of either coffee or energy drink. Implications of Behavior Modifications One of the implications of this behavior modification is that a problematic behavior was determined and targeted. In targeting this behavior, the use of theoreticalShow MoreRelatedSocial Works Role 1288 Words à |à 5 Pagessociety social work plays an extremely important role. With the misfortunes of many, social workers are there to lend a helping hand and to improve the quality of life to those who happen to be at a disadvantage and whom are less fortunate. 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