Sunday, October 6, 2019
FDA FELLOSHIP ADMISSION Essay Example | Topics and Well Written Essays - 500 words
FDA FELLOSHIP ADMISSION - Essay Example at provided the impetus for my application for the Fellowship Program offered by the Food and Drug Administration (FDA), in conjunction with both personal and professional goals. I share the same mission embodied in FDAââ¬â¢s mission statement, to wit: ââ¬Å"The FDA is responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our Nationââ¬â¢s food supply, cosmetics, and products that emit radiation. The FDA is also responsible for advancing the public health by helping to speed innovations that make medicines and foods more effective, safer, and more affordable; and helping the public get the accurate, science-based information they need to use medicines and foods to improve their healthâ⬠(U.S. Food and Drug Adminisration (FDA), 2011, p. 1). The recognition for focusing my professional expertise in the field of public health was actually spurred from my previous volunteer works in HIV prevention and treatment in the city of Aneho in Lome (Togo, West Africa); in child and maternity health in the city of Tsievie in Lome (Togo, West Africa); in imm unization campaign in Aneho, Togo; and through servicing underserved segments of the population. Although sharing the same relevance in serving the needs of health compromised people in the private sector, the field of public health posed greater challenges in terms of trying to be an instrumental contributor to the betterment of the lives of a greater number of people. Likewise, I also realized that in putting my dedicated efforts in public health, I would be serving the needs, not only of my local community, but the medical breakthroughs are cumulatively applicable on a more global scale. I remember clearly that as a child, I had a fair trip in a local community in my country (Cameroon) where I witnessed poverty and need for high quality healthcare provider for the underserved population. The vivid memory nurtured my love
Saturday, October 5, 2019
Short answer Essay Example | Topics and Well Written Essays - 250 words - 1
Short answer - Essay Example Christians also pray that sinners may allow God to take control of their lives in preparation for the coming on Godââ¬â¢s reign (Fischer &Hart, 1995. The reign of God has already begun because Jesus is always demonstrating his power to the evil ones on the world. The book of Luke chapter 11: 20, it is indicated that Jesus is now pushing back the powers of evil in the world. Paul illustrates on the book of Romans 6:1-11 that after a sinner accepts Christ and gets baptized, the reign of God has begun on his or her life. According to Fischer and Hart (1995), the reign of God has begun through the life of Jesus and his teachings. The only expectation is its fulfillment. The proper attitude according to St. Paul is that sinners ought to confess their sins and be baptized while the righteous have the obligation of staying clean. The righteous should also spread the gospels to non-believers in order to alert them on the second coming of Christ. Christians have an interest in the exact time for second coming of a new phenomenon because they believe that they will have a chance to see the Christ they have been waiting for many years with their own eyes. They also believe that a new phenomenon will be the perfect time to end the struggle with the evil one that they encounter on daily basis on their lives (Fischer &Hart, 1995). Christians tend to be much concerned with counting the exact date of second coming of Christ. However, Jesus discourages the speculation and instead urges believers to be always prepared for he might come any time. Jesus urges Christians to be ready and righteous at every moment in their life in order to inherit the Kingdom of God as it already reigns (Fischer &Hart, 1995). That Jesus had no intensions of revealing secrets concerning his second coming. The biblical meaning of parousia also ought to be understood
Friday, October 4, 2019
Human Trafficking for Sexual Exploitation Essay Example for Free
Human Trafficking for Sexual Exploitation Essay Subject: Human trafficking is the illegal trade in persons used for reproductive slavery, sexual exploitation, forced labor, organ removal, and other forms of slavery. In Argentina, it is a crime punishable by law, however the country continues to be a source and hub for trafficking. Executive Summary: Human trafficking is an international crime, and a violation of human rights; however, it is a felony that is still committed frequently throughout the international community. The issue stems from a lack of communication between provincial and federal governments, as well as the lack of tri-border control. In order to combat this, government officials and law enforcement officers need to be educated on the red flags of human trafficking. There also needs to be more funding and support for legal systems and organizations advocating to end human trafficking. Additionally, there needs to be more border control on the three borders that surround Argentina. Discussion: According to the à Protocol to Prevent, Suppress and Punish Trafficking, trafficking is defined as ââ¬Å"the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerabilityâ⬠(UNODC). Trafficking is notà limited to sexual exploitation; practices include: forced labor or services, slavery, servitude, or the removal of organs. This is an ongoing issue because the United Nations as well as individual countries have laws against these crimes but no one to ensure that the laws are being followed. In Argentina, human trafficking is now part of the political agenda because of its link to organized crime. Official policy in Argentina has made progress in dealing with human trafficking, they have signed and ratified all UN conventions and protocols dealing with human trafficking as a crime. In 2000, Argentina signed the ââ¬Å"Protocol to Prevent, Suppress and Punish trafficking in Persons, Especially Women and Childrenâ⬠, this supplemented the United Nations Convention against Transnational Organized Crime (UNODC). The protocol was later ratified in 2002, however there is still progress to be made because the number of people being trafficked it still high. In 2010, more than 600 women were abducted in 18 months, ââ¬Å"for each known case there are 6 others which remain invisibleâ⬠(Pichà ©). Argentina is a central point for human trafficking trade; men, women, and children from northern and rural areas are forced into prostitution in urban centers or wealthier provinces in central and southern Argentina. Many of those trafficked through the triple frontier are destined for the illegal labour market in Argentina. However in Argentina, it is estimated that 90 percent of the trafficking victims are sexually exploited women. Additionally, women from Paraguay, Bolivia, Peru, and the Dominican Republic are subjected to trafficking in Argentina. According the United States Department of state, ââ¬Å"in 2011 the number of labor trafficking victims identified was over three times the number of sex trafficking victims identified during the yearâ⬠(Trafficking). Argentina has consistently attracted migrants from Latin American regions seeking better economic opportunities. There are about 2 million immigrants from Chile, Bolivia, Paraguay, Brazil and Uruguay. Illegal immigration fuels the trafficking business because they are smuggled into the country, and they are easy victims for trafficking rings (Project Protection). At the same time, Argentineans from the northern provinces are at high risk forà trafficking because of extreme poverty, lack of education, and access to health services. Police in the northwestern province of Jujuy have received more than 50 reports of missing young women since September 2005. Most of these women have gone to see about jobs and were never seen again (Project Protection). Most end up in major cities and tourist areas Corruption within the police force has also prevented Argentina from decreasing trafficking rates in the country. It has been reported that police officials have participated in criminal activities related to trafficking, which thwarts government efforts to prevent trafficking from happening. According to a report released by the Office to Monitor and Combat Trafficking in Persons, authorities are currently investigating over 75 federal officials who have been removed from their positions after turning a blind eye to trafficking related problems. However as of 2011, the government did not prosecute or convict any government officials involved in human trafficking. Officers have looked in the other direction when coming across sex and labor trafficking activity, or tipped off brothel owners about raids coming up. The Argentine government has made progress over the past few years collecting data and stopping human trafficking. Over the past year, the government has reported and recorded the number of trafficking victims found, and implemented protocols and guidelines to eliminate trafficking, the country has increased prosecutions and convictions of trafficking. Further, the Argentine government funded five shelters to set up throughout the country as safe-havens. Part of the progress made is due to one of the most well known cases in Argentina, the case involving Marita Veron. Maria de los Angeles Veron (Marita) went missing in 2002, when she was kidnapped. A few days later she was seen escaping from a house, but was taken on to a bus where she was never seen again. Her mother launched a campaign to find her daughter, and soon became a symbol of the fight against human trafficking in Argentina. The Ministry of Security reported identifying about 1,000 victims, most of these victims being brought into Argentina from other countries such as Paraguay and Bolivia. A majority of human trafficking cases reported are reported as forced labor cases however, recently their have been more sex trafficking cases than labor cases. The quality and legal treatment of the victims varies from region to region, and many provinces lacked resources to care for trafficking victims, especially those in forced labor trafficking situations. Once the initial testimony is recorded, it is up to the Secretariat for Childhood, Adolescence, and Family (SENAF) of the Ministry of Social Development to provide follow-up care and assistance alongside the provincial authorities. The government officials in each province, as well as SENAF officials should have greater access to resources needed to provide the best care possible to human trafficking victims. According to the NGO, the officeââ¬â¢s effectiveness in providing sufficient care for human trafficking victims is consistently questioned based on flawed data reports and the inability to provide service to the victims. Poor coordination among officials in Argentina is preventing the human rights laws from being as effective as they could. The lack of communication between the federal and provincial governments continues to hinder the effectiveness of anti- trafficking efforts. In many provinces, there is limited or no funding for the provincial and local efforts working to combat human trafficking in their area which creates an issue in making sure victims receive the proper care. Authorities reported funding campaigns for public awareness and public service announcements about trafficking. These PSAââ¬â¢s are being shown on long distance buses and aired on television, but until the country receives the proper funding, support for legal systems, the human trafficking problem will continue. In December 2010, the new Ministry of Security attempted to coordinate theà efforts of different federal law entities, create a database system for human trafficking crimes, and establish protocols with other ministries to strength federal-level collaboration. NGOââ¬â¢s also targeted the Ministry of Security, government officials, and federal law officers in order to improve the enforcement of human trafficking laws in Argentina. Specialized services for trafficking victims remain uneven across the country; competing mandates and lack of coordination between federal and provincial authorities caused delays in some investigations, and significant allegations of trafficking-related complicity of government officials at the local and federal level prevented more comprehensive anti-trafficking efforts. With the corrupt police force, and lack of funding, Argentina will never be able to successfully implement the programs. NGOs and some officials asserted that poor coordination among the federal and provincial governments continued to hinder the effectiveness of anti-trafficking efforts, as did limited or nonexistent funding for provincial and local efforts to combat trafficking. The Argentine Government, in collaboration with the International Organization of Migrations, has recently published a report on human trafficking. The report identified crucial gaps in the fight against human trafficking that need to be addressed: 1. The lack of qualification of judiciary personnel and the lack of knowledge concerning the dynamics of human trafficking networks and international and national laws and treaties. 2. The lack of security along the Tri-Border area. 3. The lack of human and material resources to carry out adequate investigations. 4. The absence of programs for the middle and long-term assistance to the victims and lack of protection for the witnesses. The biggest issue for Argentina comes from the Tri-Border area. Along the border between Argentina, Brazil, and Paraguay, young prostituted children and adolescents can be seen on the streets of towns such as Puerto Iguazu,à Argentina; Foz do Iguazu, Brazil; and Ciudad del Este, Paraguay. After years of debate within the Senate in Argentina, a law was passed to ââ¬Å"prevent trafficking in persons, protect victims of trafficking, and punish perpetrators of human traffickingâ⬠(Project Protection). Under the new law, prison sentences were established for those convicted of participating in the recruitment, transportation, or reception of people for the purpose of sexual or labor exploitation. The law provides protective measures for victims of trafficking, and gives victims the right to free psychological, medical, and legal assistance, in addition to the right to privacy. The Organization of American State has closely watched Argentinaââ¬â¢s anti-trafficking efforts. the Argentine government has partnered with an institute in Buenos Airs to create incentives in urban areas for companies that obey the countryââ¬â¢s labor laws. Based on the issues identified above, it is recommended that the Argentine government uses a multilateral approach to stop trafficking. Recommended action : In order for Argentina to successfully combat human trafficking at a national level, the government needs to continue to implement the anti-trafficking law with increased efforts to investigate, prosecute, convict, and punish trafficking offenders, including public and police officials who are involved in trafficking crimes. An increase in funding for victim assistance, particularly through shelters and specialized services, on a local and national level would also be beneficial to stopping internal trafficking. There should be continued education for law enforcement officials, public figures, a judiciary actors to know how to stop a trafficking ring. To prevent trafficking in individual provinces in Argentina, the government must develop and implement protocols for provincial officials to identify and assist trafficking victims. Continued investigations of laborà trafficking in urban and rural areas of Argentina, and holding companies whose supply chains benefit from labor trafficking accountable for their actions. The government needs to have better communication between the federal and provincial officials to develop and national anti-trafficking plan, and continue to raise awareness nationwide. The multilateral approach to educating and preventing trafficking in Argentina involves an agreement between the Defense Ministry, and the Buenos Aires provincial Education Ministry. This partnership would create protection by educating military and law enforcement officials, in addition to students to be aware of the human trafficking issue, and how to prevent and protect themselves. The final solution is better border control across the tri-frontier. The geography already creates an area that is hard to protect. It is hard to monitor traffic coming in and out of three countries, and some people just completely surpass border control and show no identification when passing between one country and the next. This area annually generates over $6 billion of illicit money and is nearly devoid of all governmental control. Most governments among the TBA deny the problem claiming they have not detected activity in the regions, but other countries disagree. It is vital that Paraguay, Brazil, and Argentina start paying closer attention to the border in order to stop trafficking among other illicit activity. The Argentine governmentââ¬â¢s multilateral approach to stopping trafficking by educating, training, raising awareness, and implementing better border control will help to decrease trafficking rates in Argentina, and eventually put a stop to it. Thank you for your time, Melanie Rose Sources: http://www.protectionproject.org/wp-content/uploads/2010/09/Argentina.pdf http://www.avijorisch.com/9560/tri-border-region http://www.state.gov/j/tip/rls/tiprpt/2012/192366.htm http://www.unodc.org/documents/data-and-analysis/glotip/Trafficking_in_Persons_2012_web.pdf
Thursday, October 3, 2019
Aristotles Doctrine Of The Four Causes
Aristotles Doctrine Of The Four Causes Aristotles four causes theory uphold that all the causes can be grouped into varies divisions. The 4 causes are based on general laws, and these causes are associated with the question of why a thing is. To answer such question is to give a cause. Any artifact can be broken down to these four causes. There is the Material Cause, Formal Cause, Efficient Cause and the Final Cause. The Material Cause is the basic element that makes up a thing, in other words the cause of the object. For example the Material cause of a table would be wood, without the wood the table could not exist unless they were present in its work. The Formal Cause pertains the appearance or pattern with which these materials are accumulated. For example the Formal Cause of a table would be the arrangement, shape, and the design. Efficient Cause is the source or designer of that from which the thing became what it is. For instance the Efficient Cause of a table would be the carpenter who made it. Thus, the table is t he table it is, because of the particular carpenter who made it. Lastly, the Final cause is the end (telos), the ultimate purpose or exact form of this object that comes to be. The final cause of a table would be to place meals or to place objects on top of it. For Aristotle its very important to understand the purpose of something in order to understand how to live ethically particularly human beings. This is part of the explanation of the tables existence, for it would never have been built in the first place. Give a brief critical analysis of Aristotles idea of Happiness. The central question of ethics for Aristotle is, what does it take for human beings to lead a good life? Aristotle outlines 3 points that he thinks have to be fulfilled for some purpose to be ultimate. Ultimate goal has to be self- sufficient. Final goal. In other words something you want for its own sake, not as stepping stone for something else Attainable. Since All activities have a final cause, or leads to some other desire, Ultimately for Aristotle the one goal that seems to fulfill all these stipulations was Happiness (eudaimonia). Not in the narrow sense of mental or emotional state but rather in the sense of well being or flourishing. If human beings can find happiness, happiness by its self is self- sufficient. Aristotle says that people need to make choices and in order to make choices we have to develop certain habits or virtues, which will allow you to make the right choices. People need to understand and even necessary to be taught the virtues habits. You need to develop these virtues to develop a happy life, but the virtues are the means to the end. How do we achieve this end? In order to understand that, we need to understand how Aristotle understood the human soul. Aristotle divided the soul into 3 parts. The basic part of the soul is basically vegetative. Our bodies grow and develop by itself without any kind of consciou s control. Similarly, to the vegetable world because it takes place totally without rational control. Above the vegetable soul, its the animal level, the level of desires. As human beings Aristotle says we have certain responsibility to control our desires otherwise we would simply be no different then animals. And finally there is the rational part of the soul which controls the animal desires, as well as seeks for higher types of learning, education and higher types of gratification. Happiness is the activity of the soul according to reason and these activities must be according to virtue and excellence. If there are several virtues excellences then they must be the highest activity. If you detain happiness, you could only die happy. Aristotle distinguishes 2 types of virtues. 1. Intellectual Virtue and Moral virtue. Intellectual Virtue comes from teaching and Moral virtue comes from Habituation. We acquire these virtues through virtues acts. Aristotle considers the life of the G ods, because the activity of a God is contemplation. Which is the highest form of activity of the soul to achieve Happiness. The Gods are engaged in intellectual virtues. The Gods are not interested in human affairs. If there is a perfect life for Aristotle, which happiness it is in this existence, its the here and now not in the afterlife. The wise person is the one that studies the most, and the one that studies the most is the one that is loved by the Gods, because he is performing an activity the is accepted by the Gods. Therefore, Aristotle would say that if you reached happiness then you have achieved the ultimate human existence. Does Plato make a convincing case for why philosophers should rule society? According to Plato, the society is to consist of three classes workers, warriors and rulers. Each of which must stick to completing their direct commitment. As to the rulers, Platos opinion regarding them is very interesting and different from the views of other philosophers. In the Republic, he dwell on different types of rulers, which vary from democrat to tyrant, and he come to the conclusion that philosopher would be best choice for the country due to number of characteristics. For example, considering the aspect of love for honor, the dialogue between Plato and Socrates is shaped in the following way: What about an honor-lover? A rich man is honored by many people, so is a courageous one and a wise one, but the pleasure of studying the things that are cannot be tasted by anyone except for a philosopher.(Cohen M.C., p. 567) Another reason for the philosopher to be considered the best ruler according to Plato is the fact that unlike the rest of the rulers (monarch or tyrant), the philosopher is inclined to look for truth rather than prove his rightness to others. The philosopher is always open to new ideas and is not likely to use conventional methods which do not suit the situation. As the ideal candidate for the position of the ruler of the state is considered by Plato to be a philosopher, there are two logical ways of realization of this idea: a philosopher must become a king or a king mist become a philosopher. Either way leads to building a harmonious and strong state where everyone knows his place and fulfills his obligations honestly. It goes without saying that Platos works are full of bright ideas, inspiration and desire to improve the society he lived in. Moreover, they are still very topical and most of them underlie modern philosophical concepts. However his theory is hard to implement in real life due to its idealistic nature and the nature of the human animal. What is the relationship between the sun simile, the divided line and the allegory of the cave in Platos Republic? The Allegory of the cave in the Republic illustrates the effects of the education on the soul. It is a story showing how true reality is not always what we think it is. It is a story of tolerance and the power of possibility. Plato sums the Plato imagines a group of prisoners who have been kept in the cave their whole lives. They have been chained so they could not see behind themselves and they are forced to stare at the cave wall in front of them. Behind them a fire is burning and between the prisoners and the fire is a raised walkway. Each day a menagerie of objects cross the walkway such as animals, and people. Their shapes create a shadow play on the wall in front of the prisoners. This is the only world the prisoners have ever known. Then one day a prisoner was dragged out of the cave into the sun light, after some time adjusting to the blinding light, he noticed that it was the sun that governed everything in the visible realm and which was in one way or another responsible fo r everything they use to see. This is obviously the next stage. The free prisoner began to experience the world outside of the cave for the very first time and it was nothing like he could have ever imagined. With his new perception of the world the man returns to his friends and wants to convince them that what they were seeing was just an illusion. But the prisoners cannot recognize their own friend, he appearance as all things do, a shadow with distorted voice. This does not make the world outside of the cave any less real. The divided line explains Platos theory of how knowledge works and how we come to have knowledge and clarity of the soul. In the Allegory of the Cave the line simile explains the four types knowledge from lowest to the highest. They are, Illusions, Belief or Trust, Mathematical Knowledge and lastly Philosophical Knowledge. It illustrates that the truth works once we deal with reality. The Allegory of the Cave explains that if we want to seek the real truth we have to accept the pain of dropping all of our preconceived notions of what truth was before. The light of the fire inside the dwelling is the power of the sun, which represents the form or character of the good. Once its seen the conclusion must be that it turns out to be the cause of all that is right and good for everything. Aristotle appears to argue that we are responsible for our moral character. However, if childhood training counts for so much in developing moral character,à ¢Ã¢â ¬Ã ¦.if we ourselves are not responsible for the training we receive? Virtue is a disposition involving choice. There are 2 parts to virtues. Intellectual virtue and Moral virtue. Intellectual virtue comes from teaching and moral virtue comes from habit. A decent person raises their children in a virtues way, since virtue comes with training and habituation. Therefore, we can say that it is obvious that we are not born with these characteristics but acquired them through nature of act.. We are responsible for the type of people we became, because we shape our moral character through choices and actions. For instance, a relationship (virtue), can be nourished through love and commitment to one another. Its not something that can be done inevitably but rather, voluntary. We are what we are, because of the things that we repeatedly do, and should not act ignorant nor make excuses. Example, becoming pianist by playing the piano, we became just by doing just actions. If it werent for our actions then teachers wouldnt be needed, for we would be born with suc h qualities. Explain Aristotles Doctrine of the mean. The doctrine of mean is Aristotles declaration to search for the middle ground, extremes exist in almost every aspect of life and one should seek for the mean. This mean is not an absolute one but a relative one, customized to the situation and person. But the location is always in between the two. For example in Nicomachean Ethics he lists the following examples; with respect to fear and confidence the mean is courage, excess in confidence leads to foolhardy and excess in fear leads to cowardice and with respect to honor and disgrace the mean is high-mindedness, excess of honor is called vanity and deficiency of it might be called humility or small-mindedness.
Wednesday, October 2, 2019
Ethics of Full Disclosure of Security Holes Essay -- Hackers Internet
Ethics of Full Disclosure of Security Holes Introduction Security breaches are making big headlines nowadays, and Microsoft is leading the charge. Its flagship operating systems and office suite are so bulky and complex, that it is impossible to be bug-free. The system administrators (the white hats) are up to their noses plugging all the holes from super hackers (the black hats). Yet they are also facing attack from another front ââ¬â those that post vulnerabilities on the internet (the gray hats). The gray hats are hackers that find security vulnerabilities and post them on the internet, forcing system administrators to patch up the holes. Usually, they inform the vendor ahead of time. Then, if they deem the company is not taking them seriously, and malicious hackers will exploit the threat, they post it on a forum. Though acting in good faith, the ethics of full disclosure of security holes are in debate, including: how full disclosure can cause more harm then good, how long vendors should be allowed to fix the problem, and liabilities for posting on the internet. Issue 1: Full disclosure of security-related information can inflict more damage than good. You are showing people how to break into systems. The debate about vulnerability-disclosure policies involves two main parties. Researchers at security companies say they want to get their latest findings out quickly to hasten software makers' response to bugs. Software makers, on the other hand, say they aren't given enough time to deal with a problem, and that publicizing it simply alerts malicious hackers to an opportunity. There are super hackers out there who find security vulnerabilities, then write a script up on the internet, with one or two l... ...on't publish code, 17 Oct. 2001, CNet News.com, 11 Mar. 2004, 6. Lemos, Robert, Microsoft developers feel Windows pain, 7 Feb 2002, CNet News.com, 12 Mar. 2004, < http://news.com.com/2100-1001_3-832048.html> 7. Lemos, Robert, When is Hacking a Crime? 26 Sept 2002, ZDNetNews, 15 Mar. 2004, 8. Fried, Ina, Attack concerns slow Microsoft's pace, 16 Mar. 2004, CNet News.com, 16 March 2004, 9. Shankland, Stephen, Governements to See Windows Code, 14 Jan 2003, CNet News.com, 14 March 2004, 10. Lemos, Robert, New laws make hacking a black-and-white choice, 23 Sept 2002, CNet News.com, 14 March 2004,
End-Stage Renal Disease :: essays research papers
This article is for people whose kidneys fail to work. This condition is called end-stage renal disease (ESRD). Today, there are new and better treatments for ESRD that replace the work of healthy kidneys. By learning about your treatment choices, you can work with your doctor to pick the one that's best for you. No matter which type of treatment you choose, there will be some changes in your life. But with the help of your health care team, family, and friends, you may be able to lead a full, active life. This article describes the choices for treatment: hemodialysis, peritoneal dialysis, and kidney transplantation. It gives the pros and cons of each. It also discusses diet and paying for treatment. It gives tips for working with your doctor, nurses, and others who make up your health care team. It provides a list of groups that offer information and services to kidney patients. It also lists magazines, books, and brochures that you can read for more information about treatment. You and your doctor will work together to choose a treatment that's best for you. This article can help you make that choice. When Your Kidneys Fail Healthy kidneys clean the blood by filtering out extra water and wastes. They also make hormones that keep your bones strong and blood healthy. When both of your kidneys fail, your body holds fluid. Your blood pressure rises. Harmful wastes build up in your body. Your body doesn't make enough red blood cells. When this happens, you need treatment to replace the work of your failed kidneys. Treatment Choice: Hemodialysis Purpose Hemodialysis is a procedure that cleans and filters your blood. It rids your body of harmful wastes and extra salt and fluids. It also controls blood pressure and helps your body keep the proper balance of chemicals such as potassium, sodium, and chloride. How it Works Hemodialysis uses a dialyzer, or special filter, to clean your blood. The dialyzer connects to a machine. During treatment, your blood travels through tubes into the dialyzer. The dialyzer filters out wastes and extra fluids. Then the newly cleaned blood flows through another set of tubes and back into your body. Getting Ready Before your first treatment, an access to your bloodstream must be made. The access provides a way for blood to be carried from your body to the dialysis machine and then back into your body. The access can be internal (inside the body -- usually under your skin) or external (outside the body).
Tuesday, October 1, 2019
Do Judges Make Law
Introduction A lawà is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judgeà is a public official appointed or elected to hear and decide legal matters in court[2],à Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts andà a constitution Do judges make law? To ask the question ââ¬Å"do judges make law? â⬠à Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a ââ¬Å"childish fictionâ⬠thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought haveà placed absolute emphasis on the discretion of judges and relegated the ââ¬Å"rulesâ⬠to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application ofà precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. Inà A. G v Butterwort[3]à lord Denning states that; ââ¬Å"It may be in the books, but if this be so all I can say is thatà thee sooner we make it the betterâ⬠.Therefore a judge in using his discretionà the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in ââ¬Å"hard casesâ⬠for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law throughà statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say itââ¬â¢s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.Inà Airedale NHS v Bland[4]à the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ââ¬Ëwholly new moral and social issuesââ¬â¢ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; ââ¬Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. â⬠à à It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can ââ¬Å"makeâ⬠law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;à ââ¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. â⬠à à Itââ¬â¢s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a completeà separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not ââ¬Å"judicialâ⬠in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution providesà thatà ââ¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]â⬠à This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriouslyà thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further theà rules of statutory interpretationà further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employsà the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judgeââ¬â¢s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes theirà à ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ââ¬Ëlimitedââ¬â¢ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in todayââ¬â¢s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. Itââ¬â¢s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,à Introduction to th e Legal System in East Africa,à East African Literature Bureau, Kampala, Nairobià à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 2. Glanville Williamsà Learning the Law 12thà ed. Sweet & Maxwell 2002 pg 111à à à à à à à à à à à à à à à à à à à à 3. The Constitution Of The Republic Of Ugandaà Article 79 4. .Osbornââ¬â¢s concise Law Dictionary, 10thà Edition, Sweet & Maxwell, London. 2005 Pg 238à à à à à à à à à à à à à à à à à à à à à à à à à à à 5.Blackstoneââ¬â¢s Commentaries 69, 70à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 6. Jacqueline Martin,à The English Legal System, 3rdà Ed. Hodder & Stoughton 2002 pg. 18à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 7. [1]à Catherine Elliot,à The English Legal Systemà 8thà edition [1]à Osbornes concise law dictionary, 10thà edition, page 236 [2][2]à Blacks law dictionary [3] [4] [5]à Att-General v butterwort. [6]à Article 79, the constitution of the republic of Uganda Do Judges Make Law Introduction A lawà is an obligatory rule of conduct imposed and enforced by the sovereign[1]. Therefore the law is the body of principles recognized and enforced by the state in the application of justice. The law is mainly made by a parliament, a legislative body given power by the constitution to draft law. However in the last few decades there has been a notion that judges make law. A judgeà is a public official appointed or elected to hear and decide legal matters in court[2],à Judges exercise judicial power. This involves making binding decisions affecting the rights and duties of citizens and institutions.In carrying out this task, a judge can use any of the following three sources of Ugandan law, Acts of Parliament or legislation, the common law, or previous decisions by the courts andà a constitution Do judges make law? To ask the question ââ¬Å"do judges make law? â⬠à Implies that perhaps to some extent they do make law. A great deal of controversy has cente red on this question as to how far judges can legitimately make law although a great number such as lord Bentham have referred to it as a ââ¬Å"childish fictionâ⬠thus judges cannot make law.Many other scholars more so those that are followers of the realist school of thought haveà placed absolute emphasis on the discretion of judges and relegated the ââ¬Å"rulesâ⬠to an obscure position. It can however not be denied looking closely at the present legal system that judges have played a dominant role in moulding the doctrines of the present law for example the common law which is also referred to as judge made law. Nevertheless today no informed observer disputes that judges do especially those of the Supreme Court make law. In the same way the likes of lord Denning moulded the doctrines of the law of contract and otherwise.To answer if judge make law lets its crucial to analyse how they do so. The application ofà precedent by judges, whether they are developing the c ommon law (for e. g. in areas such as negligence or murder) is the main mechanism whereby judges make law. Precedents are legal principles, created by a court decision, which provides an example or authority for judges deciding similar issues later. Generally, decisions of higher courts are mandatory precedent on lower courts that is; the principle announced by a higher court must be followed in later cases.Occasionally, judges are called upon to give a ruling or make a decision when faced with a situation for which there seems to be no precedent or any guiding rule. In these circumstances, judges can be said to be formulating original precedent thereby using his own discretion regarding when he thinks rules need to be applied, changed, improved, or abolished. Inà A. G v Butterwort[3]à lord Denning states that; ââ¬Å"It may be in the books, but if this be so all I can say is thatà thee sooner we make it the betterâ⬠.Therefore a judge in using his discretionà the phrase commonly used here is that he decides not on precedent but on principle, the difference is that in one case he is applying a principle illustrated by a previous example, in the other case he is employing a case not previously formulated but consonant with the whole doctrine of law and justice. Further because statutes and common law rules are often too vague and unclear it is often inevitable in ââ¬Å"hard casesâ⬠for a judge to create new law by deciding cases.The decision of courts of justice when exactly in point with a case before the court are generally held to have a binding authority, as well to keep the scale of justice even and steady because the law in that case has been solemnly declared and determined. Judges further make law throughà statutory interpretation. The trend has always been that the legislature makes the law while the judges interpret it. Legislation may sometimes be ambiguous or unclear. When this occurs, a court will need to decide between differen t interpretations of legislation. The common law is judge made law.It has been developed by the courts. It continues to be adapted to meet new situations and changing circumstances. The role of judges in interpreting legislation and the Constitution is similar. The Constitution is written in more brief and general language than most Acts of Parliament. This is because it is expected to last longer and be able to accommodate changing circumstances. This style leads to a greater range of interpretations. Over the years, the Supreme Court has made decisions which have affected the practical operation of the Constitution.The parliament which is in charge of law making cannot amend each and every law simply because it fast becoming obsolete. Therefore when the law becomes unclear judges cannot simply say itââ¬â¢s unclear and ask the parliament to rectify it. Judges must take the law into their own hands to and interpret the laws to an extent that is reasonable and in the bounds of law and reason thus they should generally accept responsibility of reforming the law in the interests of clarity, efficiency and fairness.Inà Airedale NHS v Bland[4]à the issue was whether it was lawful to stop supplying drugs and artificial feeding to Mr Bland, even though it was known that doing so would mean immediate death for him, several members of the house of lords made it clear that they felt that the case raises ââ¬Ëwholly new moral and social issuesââ¬â¢ and that it should be decided by parliament, nevertheless the court came to a decision in the best of Mr Bands interests. According to William burnet Harvey; ââ¬Å"A judge in laying down a rule to meet these situations is certainly making a new contribution to our law but only within limits usually well defined.If he has to decide upon the authority of natural justice or simply the common sense of the thing he employs the kind of natural justice or common sense which he has absorbed from the study of the law and w hich he believes to be consistent with the general principles of English jurisprudence. â⬠à à It is clear from the above statements that, not only constitutional interpretation, but also statutes have to be interpreted with the changing times and it is here that the creative role of the judge appears, thus the judge clearly contributes to the process of legal development.This is evidence of the power of the courts in their ability to create law through there simple interpretation of the law. However it should be noted that this is not a power readily available such that it can be used at the courts convenience. The above analysis shows how judges can ââ¬Å"makeâ⬠law. However the word make should be used with extreme caution. The above argument is one that can also be used to support the fact that rather than make law, judges simply declare law. According Lord M.R;à ââ¬Å"there is in fact no such thing as judge-made law, for the judges do not make the law, though the frequently have to apply existing law to circumstances as to which is has not previously been authoritatively laid down that such law is applicable[5]. â⬠à à Itââ¬â¢s therefore relevant to establish the reasons as to why some scholars do not agree with the fact that judges do not make law. Why judges do not make law The Constitution provides for a completeà separation of judicial power. This is one limitation on judges because it prevents courts from exercising powers which are not ââ¬Å"judicialâ⬠in character.The constitution of the republic of Uganda provides for that existence of three arms of government, all vested with powers that are in all ways distinct. The parliament by virtue of the constitution is that charged with the duty of making law. The constitution providesà thatà ââ¬Å"except as provided in this constitution, no person or body other than parliament shall have the power to make provisions having the force of law in Uganda except under authority conferred by an Act of parliament[6]â⬠à This is a clear example of the supremacy of parliament.Thus the separation of powers is a political and administrative tool that holds the pillars democracy together. And in a country under the rule of law the judiciary with its well defined limits cannot step into the shoes of the parliament. The constitution is the most supreme law of the land and its prohibition of the other arms of government to make law should be taken seriouslyà thus if the judiciary is exercising such a powerful role, it should be more open to criticism and the contempt power should be used only rarely.Otherwise, it will reflect on the judiciary as a dictator Further theà rules of statutory interpretationà further bar judges from making law. Its generally agreed that in order to interpret statutes judges must use precision based procedural rules. Statutory interpretation employsà the literal rule, the golden rule and the mischief rule. They are guidelines that must be followed in the interpretation statutes. This is meant to reduce the entry of bias or judgeââ¬â¢s discretion which may be unethically motivated.Therefore a judge who formulates a legal principle for the first time does so as an existing part of the law and not as a legislative innovation of his own. In general, principles are identified by showing that they are embedded in the established rules and decisions, The rules of precedent. A precedent is a Legal principle, created by a court decision, which provides an example or authority for judges deciding similar issues later. Precedents are the source of most of judge made law. The common law practically evolved out of precedents.However precedents are bound by rules that limit law making by judges. Decisions of lower courts are not binding on higher courts, although from time to time a higher court will adopt the reasoning and conclusion of a lower court. Decisions by courts of the same level (usually appel late courts) are considered persuasive authority. That is, they should always be carefully considered by the later court but need not be followed. The constitution states that all laws must have a binding effect on all persons and authorities.Precedents in their inability to be binding on courts that is higher than them and applying only a persuasive to courts of the same level dilutes theirà à ability to be termed as laws or have the ability to act like laws. Further to render precedents valid they must be founded in reason and justice; must have been made upon argument, and be the solemn decision of the court; and in order to give them binding effect there must be a current of decisions therefore court judges are not at liberty to exercise their freewill but rather their discretion must pass the test of fairness and reasonability.Conclusion Judicial power involves making binding decisions, affecting the rights and duties of people and institutions, by reference to existing law . Existing law is found in legislation, judicial decisions or common law, and the constitutions. In applying any of these sources of law, judges make law to a limited degree. The term ââ¬Ëlimitedââ¬â¢ should be noted. The power to make law is primarily vested in the parliament and under the constitution judges are under no obligation to make law.However in todayââ¬â¢s world where time is dynamic there is a need to constantly interpret the law to fit the ever changing times. Judges are most paramount at this stage because they cannot send laws back for rectification simply because the times have changed. Itââ¬â¢s up to them to exercise the utmost reasonable discretion and interpret the law in such a manner that is complementary to the current mode of life in so doing making law. Indeed the power to make law is one that is not vested in judges but it cannot be denied that to some extent they actually do make law.Bibliography 1. William Burnett Harvey,à Introduction to th e Legal System in East Africa,à East African Literature Bureau, Kampala, Nairobià à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 2. Glanville Williamsà Learning the Law 12thà ed. Sweet & Maxwell 2002 pg 111à à à à à à à à à à à à à à à à à à à à 3. The Constitution Of The Republic Of Ugandaà Article 79 4. .Osbornââ¬â¢s concise Law Dictionary, 10thà Edition, Sweet & Maxwell, London. 2005 Pg 238à à à à à à à à à à à à à à à à à à à à à à à à à à à 5.Blackstoneââ¬â¢s Commentaries 69, 70à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 6. Jacqueline Martin,à The English Legal System, 3rdà Ed. Hodder & Stoughton 2002 pg. 18à à à à à à à à à à à à à à à à à à à à à à à à à à à à à à 7. [1]à Catherine Elliot,à The English Legal Systemà 8thà edition [1]à Osbornes concise law dictionary, 10thà edition, page 236 [2][2]à Blacks law dictionary [3] [4] [5]à Att-General v butterwort. [6]à Article 79, the constitution of the republic of Uganda
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