Tuesday, May 5, 2020
Why It Is Important to Develop a Sustainable City free essay sample
Firstly, the main feature of urbanisation is high population density, which may cause a series of problems such as the boom of squatter settlements and urban sprawl if the city has not been designed in a sustainable way. For instance, a large number of high-rise apartment has been constructed in urban areas for large scales of dwellers when the some ecocities were designed.Simultaneously, the authorities of these cities also provide basic sources and services for those who are living in the squatter settlements so that these residents could afford themselves and the environment of the slum will also be improved. Compared to merely dismantling the shanty houses which will cause the appearance of another new slum areas and even worse living conditions, what the governments in ecocities do has coped with the problems of urban space caused by urbanisation.Secondly, lack of urban transport, considered as a big challenge in the ordinary megapolis , can also be solved in a relative effectiv e way in a sustainable city. We will write a custom essay sample on Why It Is Important to Develop a Sustainable City or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page More precisely, the reasonable plan of public transport is the best method to decline the automobile dependence in megacities. For example, a huge transit center has been established in Hong-Kong in order to avoid the dwellers reliance on private vehicle.It is estimated that the metro has covered every section of Hong-Kong and even residents living in the edge of Hong-Kong could spend only 40 minutes to the urban area. Actually, the usage of vehicles in Hong-Kong is far lower than that in any other megacities even if there is no restriction on the usage of automobile and the gasoline price is also low in Hong-Kong. Obviously, the gigantic network could not be set up after the urbanisation formed. Thus, it is necessary to develop sustainable cities to prevent the possible urbanisation
Friday, April 3, 2020
The Mystery of Black Holes free essay sample
A detailed analysis of black holes: what they are and how they are formed. This is an informative paper on what exactly a black hole is and what scientists have theorized about black holes. The paper examines the formation of black holes, past research on black holes and pondering questions still unanswered today. Ever since you were old enough to know what the sky, moon and stars were, you have always imagined what is actually up there? One of the most fascinating ideas of all is the mysterious and scary thought of a BLACK HOLE! This is perfectly normal because even today scientists are still pondering over that same question what is a black hole and does it exist? Theories that at one time seemed reasonable are now laughed at, our skies hold an infinite space which we will never be able to explore, as a result, our questions will be infinite as well. We will write a custom essay sample on The Mystery of Black Holes or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page
Sunday, March 8, 2020
Retaliating In America essays
Retaliating In America essays A water filled balloon comes sailing over a crowd of onlookers as it crashes into the back of a rather large individual. Immediately, the drenched victim turns and searches aimlessly for the perpetrator. Only, he finds no one to point the finger at for sure. Ideas of who the culprit may be races through his mind, and now he realizes it was probably the group of his peers that jeer at him every day. This time they have gone too far, the suspicion of an individual being responsible has left his mind, instead, he views the entire group of kids to be equally accountable. The aforementioned situation left the victim in a state of fury, wanting to retaliate and strike back. While half of his mind wants to pummel the ones responsible, the other half is left unsure what to do. This is the feeling an entire nation endured after the September 11th tragedy. While America remained united physically, they were separated mentally in whether or not to fire back, and still yet, others counte red with discriminatory remarks and actions to Americans resembling those who were accountable for the horrific tragedy. Those who wished to fight back responded immediately by outraging on the television, in magazines, and on the radio. Every station or page you turned to, there somebody or something was saying that we should retaliate. Most writers and broadcasters stated proficient reasons why they felt we should reciprocate. Each justified their opinions well because of how passionate they may have felt about that tragic day. Some stated that the United States should bomb back or send troops in, as long as it was physical destruction that we partook. While half of America felt we should fight back, the other half of the remaining individuals kept silent or spoke out that non-violence action was the best method of retaliation. Those who remained silent may have been decided in mind but could not actually speak what they felt because they we...
Thursday, February 20, 2020
BUSINESS LAW Essay Example | Topics and Well Written Essays - 1000 words
BUSINESS LAW - Essay Example In case an individual is claimed with the tort of negligence, it makes it evident that a person has been not able to show careful act which must have caused harm to the other person in terms of property or other. It should be noted that the negligence tort has been long debated for different kinds of cases which have been posed against professionals over the time. It is highly necessary for the claimant to prove that the person who has been charged with the negligence tort has provided no care of duty within certain circumstances which ultimately caused him or her to lose property or any other damages. Herein, it is significant to understand the history of negligence tort. It was noted about 100 years ago, ââ¬Å"Man is entitled to be as negligent as he pleases towards the whole world if he owes no duty to themâ⬠1. This is quiet an effective ground on which the tort of negligence can be well understood. By carefully interpreting this quotation, it becomes easier to note that a p erson is probable to show negligence towards his duty. In case there are damages noted as a result of the negligence towards the duty then it is suggested that the person may be claimed against. There are basically three situations which should be marked in case there is a reporting of a case claiming an individual to be negligent regarding his duty. Initially, it should be well proven that in case the duty was performed effectively then it would have helped in the safety of the property or any other damage bearer. Also, there needs to be a clear definition regarding the relationship between the claimants and defendants who were involved in the case2. It should be noted that there were a number of situations which were testes when the tort was practiced in a number of cases of negligence. One of the most effective yet history-making cases was between Donoghue v Stevenson [1932]à UKHL 100. As per the case rulings, a snail was found in an opaque ginger beer bottle which was being pr oduced by the company of Stevenson. The consumption of the ginger beer was done Donoghue where the damage was noted to be extreme shock and abdominal pain. It was marked the Donoghue sued Stevenson for risking the life of customers. As a result of the claim, it was demanded that the food/beverage company owned by Stevenson must pay a handsome amount for the pain caused. The ruling provided by the judges on the case presented a new dimension to the tort of negligence and liability. The landmark case of Donoghue v Stevenson was marked to testify the neighbor principal whether there is a need of determination against the duty of care held for the purpose of damages3. Other than the cases of negligence, there can be various situations where one needs to bring surety of the statements as provided in the shape of advice. It has been widely noted that many financial agents would provide information based on mere discussions and not truth/facts. Such an example of negligent misstatement has been posed in the case of Hedley Byrne v Heller (1963). As the information posed, Hedley, the firm needed relevant information regarding Easipower for sanctioning credit4. It is for this purpose that Hedley asked Heller5 to provide necessary information. As a result, it was marked that credit was provided to Easipower. With the passage of time, it was noted that Easipower was going out of the business because there were increased
Wednesday, February 5, 2020
Theoretical Perspective Research Paper Example | Topics and Well Written Essays - 1000 words
Theoretical Perspective - Research Paper Example Project managers usually use emails and video conferencing techniques for a two way communication with his team members. Apart from this, special 3D and 2D satellite images are used by project managers for detecting the areas of oil spills and the working condition of the pumps. The manager then schedules the maintenance plan for the same. The oil and gas field can also be detected under the sea or on ground through 3D images of Stereo satellites. The companies are injecting the most advanced technologies to increase the efficiency of the workforce and also maximize the profit. Increasing use of these VPM tools is also helping the industry to decrease their operating expenses and this might also affect the price of oil and gases in the global market in future. Table of Contents Virtual Project Management 4 Virtual Project Management (VPM) Tools 4 VPM Tools in Oil Producing Environment 5 Current and Future Abilities for Project Implementation 6 Effect of New Technology on Projects and Members round the World 7 References 8 Virtual Project Management We often see that, the project teams are generally dispersed in many different locations of the world. The projects in MNCs are generally given to team, in which the members might be working from different parts of the world. Sometimes a single project is carried out by different companies. The geographically dispersed work or project is often called virtual projects. Virtual projects are called so because most of the communication regarding the project is done through email, video conferencing, telephone or using other forms of technology. The long distance communication methods and techniques are no longer expensive or prohibited. It helps the project managers to communicate with his project team frequently and openly (Mantel, Meredith, & Shafer, 2006, p. 56). Virtual Project Management (VPM) Tools In Virtual Management, the whole team is mainly depended upon the technological aspects. As such most of the work and decision making functions are undertaken through web-based technology such as internet. The tools that are used in virtual project management need to fit in the teams from all round the world. The main function that any VPM tool should have, is to allow the project team members to communicate with one another efficiently, as all the team member are in separate locations. Moreover, they might not have knowledge of each other's prior work experiences. In this case communication becomes the only key for discussing and formulating plans regarding the project. Secondly, the tools should also allow the team members to collaborate in the virtual space. The tools should also help the project manager to manage the project functions, schedule the resources and also track the progress of the tasks. The VPM tools are usually web based applications, which are used to create schedules and assign tasks. The resources and activities of team members are monitored and important documents are also exc hanged through these tools. VPM Tools in Oil Producing Environment Virtual project management tools are very useful in the field of natural resources such as minerals, oil and gas. Since, these natural resources are usually found in remote areas, so technological tools play a very important role in detecting and planning out the projects. In such cases, satellite, and airborne remote sensing technology is often used to select the oil and gas
Monday, January 27, 2020
The Law Commissions review of the law of intention
The Law Commissions review of the law of intention 'The Law Commission's review of the law of intention confirms the viewthat the English law of intention for murder is based upon an understanding that lacks in two opposite ways. First, as regards direct intention, the law is morally under-inclusive in that it places too much moral weight on a psychological conception of the required mental state. It therefore fails to recognise properly the issue and significance of the concept of 'indiscriminate malice'. Secondly, as regards direct and indirect intention, the law is morally over-inclusive, failing to differentiate culpable and non-culpable acts.'(Norrie, 2006) Critically discuss the above statement with reference to the doctrine of intention in relation to the crime of murder and the Law Commission's Consultation Paper Homicide (No.177, 2005). Before we commence our discussion, let us first be quite clear on what is meant by ââ¬Ëdirect intentionââ¬â¢, ââ¬Ëindirect intentionââ¬â¢ and ââ¬Ëindiscriminate maliceââ¬â¢ in the context of the above statement. Intention literally means ââ¬Ëaim or purpose that guides an action[1]ââ¬â¢. Therefore, ââ¬Ëdirect intentionââ¬â¢, in the context of murder, means an act committed with the direct purpose of killing, or causing serious harm to, another. This has been one of the mens rea requirements for murder as far back as the 17th Century[2]. Clearly, this precludes an intention to achieve another criminal purpose altogether, where the actor ought reasonably to have foreseen, but did not directly intend, the death of another to be a virtually certain result of his actions, e.g. the intention of a ââ¬Ëperson who places a bomb on a plane for the purpose of making an insurance claim in respect of property but who foresees as a virtual certainty the death or serious injury of those who are on the plane when the bomb explodes.[3]ââ¬â¢ This is what Norrie refers to as ââ¬Ëindiscriminate maliceââ¬â¢; ââ¬Ëmalice,ââ¬â¢ in that the actor intended to perform an illegal act, and; ââ¬Ëindiscriminate,ââ¬â¢ in that the actor paid little or no regard to the virtually certain consequences of his actions, namely the death of another. It has long been recognised that the law should bring actions of indiscriminate malice within the scope of the crime of murder, but that a strict requirement of ââ¬Ëdirect intentionââ¬â¢ would fail to do so; ââ¬Ëdirect intention is simply ââ¬Ëtoo narrow for the purposes of criminal responsibility[4]ââ¬â¢. Thus, the concept of cognitive ââ¬Ëindirect intentionââ¬â¢ was born, introduced into English law in the case of Nedrick[5]. Such intention does not have to be direct, but can merely involve a degree of foresight which, if possessed, should warrant a conviction of murder rather than manslaughter, a crime which denotes a too low a degree of criminal and moral culpability for actions where the death of another is virtually an incidental certainty. This doctrine, in its current form, was laid down by Lord Lane CJ Nedrick[6] in 1986, and modified by Lord Steyn in Woollin[7]: ââ¬Å"Where the charge is murder and in the rare case where the simple direction is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendantââ¬â¢s actions and the defendant appreciated that such was the case.[8]â⬠Some commentators have argued, as Norrie does at the top of this paper, that such an extension has gone too far; whilst indiscriminate malice now clearly comes within the scope of this extended intention requirement for murder, which is a good thing, other actions are now also included under the crime of murder, crime which, due to the lack of criminal and moral culpability involved, would be more fairly labeled as manslaughter. An example of such an action being so unfairly labeled was provided by Lord Goff in the Nathan Committee Report by the House of Lords Select Committee on Murder and Life Imprisonment [9]: ââ¬Å"A house is on fire. A father is trapped in the attic floor with his two little girls. He comes to the conclusion that unless they jump they will all be burned alive. But he also realises that if they jump they are all [virtually certain] to suffer serious personal harm. The children are too frightened to jump and so in an attempt to save their lives he throws one out of the window to the crowd waiting below and he jumps with the other one in his arms. All are seriously injured, and the little girl he threw out of the window dies of her injuries.â⬠The Law Commission, in citing and analyzing this example, came to the conclusion that the father in this case should not be labeled a murderer. Under the concept of ââ¬Ëindirect intentionââ¬â¢ however, the father should be guilty of this second-degree crime. As Norrie notes[10], the Law Commission were forced to conclude that ââ¬Ëindirect intentionââ¬â¢, by focusing on the knowledge of the father rather than the wishes behind his actions, was morally over-inclusive, failing to differentiate correctly between culpable and non-culpable acts, i.e. between actions of indiscriminate malice, such as the insurance fraudster who blows up the plane with no regard to the life of those on that plane, and actions involving no malice, but which are indiscriminate in their effects, such as the actio ns of the desperate father in Lord Goffââ¬â¢s example above. In this paper I shall address these concerns in detail, concluding that a cognitive approach to intention may simply be unsuitable for the crime of murder; it fails to adequately demark the boundaries of culpability between this crime and that of manslaughter. I shall then examine the Law Commissionââ¬â¢s Consultation Paper Homicide (No.177, 2005), and shall critically discuss their approach to these problems, concluding with an assessment of how successful these reform proposals would be in their aim of differentiating correctly between culpable and non-culpable acts, if implemented. As we have already seen from the examples discussed above, Norrie is quite right in his assertions; the requirement of direct intention is too focussed on the specific mental state of the actor with the effect that the charge of murder would be precluded for anyone other than an offender who either directly intended to kill his victim, or at least intended to cause that victim serious harm from which death was a reasonably foreseeable result. Likewise, the extension of this requirement to include indirect intention, whilst at least serving to bring crimes of indiscriminate malice under the scope of ââ¬Ëmurderââ¬â¢, also serves to bring other such actions under this label, actions which should only be considered manslaughter, in light of the lower degree of criminal culpability possessed by their perpetrators. In other words, it is not always fair to equate foresight of a virtually certain result with intention. Let us now look at the reforms to the doctrine of direct intention, which have been proposed by the Law Commission in their Report on Homicide[11], and assess to what extent these reform might actually serve to correct the current inadequacies: In this Report, the Law Commission make two different reform proposals; the first of these is to create a statutory definition of intention which avoids the problems of indirect intention being construed too widely by a jury; the second is to codify the existing common law doctrine of indirect intention, but to modify it so that the current problems of indirect intention can be avoided. Both of these proposals are therefore designed to rectify the problem of indirect intention being construed too widely, whilst at the same time allowing this doctrine to continue its prosecution of indiscriminate malice as murder where appropriate. The rationale behind both of these alternative proposals is to rectify the distinction which can, in exceptional cases, exist between intention, in its natural form, and intention implied by reasonable foreseeability/ virtual certainty. They reform proposals recognise that it is possible for an offender to have not intended a particular outcome, even though he or she may have realised that such an outcome was a virtually certain consequence of their actions. This is commonly known as the ââ¬ËWoolin[12]ââ¬â¢ problem. Under the first proposal, the Commission have state that ââ¬ËIt is crucial that a statutory definition of intention should not cause injustice, or absurdity, by deeming certain conduct to be intended when the circumstances show it to be otherwise[13]ââ¬â¢. Thus, under this first proposal, the Commission propose to insert a proviso into a statutory definition of intention, i.e. ââ¬ËA person is not to be deemed to have intended any result, which it was his or her specific purpose to avoid.[14]ââ¬â¢ This should not be seen as reinserting a motive assessment into that of intention, but rather to provide a means by which a jury will not be forced to convict someone of murder, in an exceptional case where that offender specifically did not intend to cause death even though he knew it would almost certainly result from his actions. Under the second proposal, the Commission suggest a codification of the current doctrine of intention, modified to take account of those exceptional cases where it would be unfair to equate foresight of a virtually certain result with intention, might be as follows. Such a formulation might read as follows: ââ¬Å"(1) A person is to be regarded as acting intentionally with respect to a result when he or she acts in order to bring it about. (2) In the rare case where the simple direction in clause (1) is not enough, the jury should be directed that: they are not entitled to find the necessary intention with regard to a result unless they are sure that the result was a virtual certainty (barring some unforeseen intervention) as a result of the defendantââ¬â¢s actions and that the defendant appreciated that such was the case. (3) In any case where the defendantââ¬â¢s chance of success in his or her purpose of causing some other result is relevant, the direction in clause (2) may be expanded by the addition of the following phrase at the end of the clause (2) direction: or that it would be if he or she were to succeed in his or her purpose of causing some other result, and that the defendant appreciated that such was the case.[15]â⬠This would have the effect of maintaining the current law in relation to virtual certainty, which as Lord Steyn pointed out in Woolin, ââ¬Å"has [over a period of 12 years since Nedrick] apparently caused no practical difficulties,[16]ââ¬â¢ whilst at the same time, limiting the doctrine of indirect intention so as to exclude those situations where an offender might have seen death as being virtually certain, but where he specifically tried to avoid it. This proposal purports to do this by providing the jury with more specific guidelines as to when they are entitled to infer indirect intention. Both of these reform proposals are encouraging; it would seem that the Law Commission is heading in the right direction at last. The first proposal specifically precludes the Woolin problem with the insertion of a provision which, although purportedly reintroducing a motive element to the doctrine of intention, can actually be used to ensure that intention is not implied where it would be unfair to do so. The second is less specific, but purports to achieve the same ends by clarifying the necessary circumstances in which indirect intention should be implied. In conclusion, I would favour the first proposal for the following reason; the second proposal will only slightly modify the doctrine of indirect intention, and will only slightly limit its scope. The proviso contained in the first proposal however, is, as yet, unlimited in its scope, and as such, can be used by a jury to greater effect. This may have the result of reverse injustice, i.e. offenders who should morally be guilty of murder escaping this label for the lesser conviction of manslaughter, but I feel that it will so significantly decrease the chances of the reverse occurring, i.e. offenders who should only be found guilty of manslaughter being labeled as a murderers, that such a risk is justified; after all, it is more important to encourage this latter phenomenon than it is to prevent the former from occurring at all costs, especially in light of the huge sentences which are imposed on those offenders convicted for the crime of murder. Bibliography: Law Commission's Consultation Paper Homicide (No.177, 2005) Nathan Committee Report, Report of the House of Lords Select Committee on Murder and Life Imprisonment (HL paper 78-1, 1989). A Ashworth, Principles of Criminal Law (4th ed 2003) A Norrie, ââ¬Å"Subjectivism, Objectivism, and the Limits of Criminal Recklessnessâ⬠(1992) 12 OJLS 45. A P Simester, ââ¬Å"Why Distinguish Intention from Foresight?ââ¬â¢Ã¢â¬ in A P Simester and A T H Smith, Harm and Culpability (1996) 71. Williams, G. (1955) The definition of Crime Current Legal Problems 8, 107-30 Smith, A. H. (2004) 'Criminal Law: The Future' Criminal Law Review, Dec, 971-80 1 Footnotes [1] A definition provided by the Oxford English Dictionary. [2] See Lord Cokeââ¬â¢s classic definition involving ââ¬Ëmalice aforethoughtââ¬â¢. [3] Law Commission Report: Homicide [No.177; 2005] para 4.6 [4] Ibid, para 4.6 [5] 1986 (83) Cr App R 267 [6] ibid [7] [1999] 1 AC 82. [8] [1999] 1 AC 82, at 96 [9] Lord Goff in the Nathan Committee Report, Report of the House of Lords Select Committee on Murder and Life Imprisonment (HL paper 78-1, 1989). [10] In the statement at the top of this paper, A. Norrie states: 'The Law Commission's review of the law of intention confirms the viewthat â⬠¦ indirect intentionâ⬠¦ is morally over-inclusive, failing to differentiate culpable and non-culpable acts.' (Norrie 2006) [11] Report No. 177; 2005 [12] In this case, D had a grudge against a woman and had threatened to ââ¬Ëburn her outââ¬â¢. One night he poured paraffin through her letterbox and set it alight. One of the women dies in the fire. When asked why he did it, he replied ââ¬Ëto wake her up and frighten herââ¬â¢. Here, he did not intend to kill the womanââ¬â¢s but the question is therefore whether or not he saw such a result as virtually certain. [13] Ibid, para 4.42 [14] Ibid, para 4.50 [15] Report No. 177 2005 para 4.69 [16][1999] 1 AC 82. at 94
Sunday, January 19, 2020
The Management of 21st Century: Hong Kong Essay -- essays research pap
Hong Kong is the most suitable place for business. It is characterized by its high degree of internationalization, business friendly environment, rule of law, free trade and free flow of information, open and fair competition. Therefore, the business management is a very important part in the business. The management of Hong Kong includes the external environment and the internal environment. The external environment includes the economic environment, labour market and social environment. In the economic environment, Hong Kong has faced the Asian financial turmoil in 1997. But now, the overall economic condition progressively improved. Later, China will be a member of the World Trade Organization (WTO). Hong Kong will gain a lot of business opportunity in different trades, such as banking, insurance, telecommunication. Those businesses need the new management for their future. For example, they must plan the new organizationà ¡Ã ¦s goals, or they estimate the demand of human resources in the future. However, this phenomenon will disappear very soon when China would be a member of WTO after two years. It is because Hong Kong may not be the intermediate between China and the world since China will open their market for the world. Therefore, the Hong Kong companies may plan how to reduce the labour supply within an organization at that time. In the labour market, manpower is Hong Kongà ¡Ã ¦s most treasured asset. Because of much labour supply, it does no...
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