This is more democratic than 'republican' in spirit, and while Locke might support it to some degree, Meyer very likely would not and state that the property owner's will alone should prevail. It should be noted that in contrast to Danny, the other children view their mother's decision in more emotional, moral terms than Locke might, as rather than invoke the law and property rights they stress considerations such as who is neediest and who has given the most to Lillian.
These concerns echo John Winthrop, who wrote about "A Model of Christian Charity." Winthrop focused on what members of the community should feel is their obligation, rather than the law. Do not take more than you need, he counsels, but do not deprive your family: "If the time and occasion be ordinary he is to give out of his abundance. Let him lay aside as God hath blessed him.…… [Read More]
Do you think that mass deprivatization is in the long run best interests of Russia?
I do not consider that mass privatization is in the best interest of Russia, not for the short-term nor the long one. As it was mentioned above, this political decision will impact on the country's overall welfare, employment will increase (flight of capital, the growth reduction registered by the import-export companies as a result of Rubbles appreciation)
Who gains from deprivatization? Who loses?
It is my opinion that the winners of this policy are the members of the Communist party, that basically control the economic environment in this central organized market. They are not interested to liberalize the market, to increase competition, but to maintain their monopolistic powers.
Assuming more people are hurt by deprivatization then helped, why would a local politician support such a policy?
A local politician may be promoted inside the Communist…… [Read More]
At a minimum, a sovereign person owns themselves, pointing to the idea of individual civil rights that also arise from the state of nature and are independent of the state. Such a philosophy does not automatically translate into democracy. Indeed, Locke felt that legitimate contracts could exist between citizens, oligarchies, monarchies or tyrannies. However, Locke's idea of civil virtue had deep effects upon the American and French Revolutions. Locke's ideas of rights of the people and the role of central government provided strong support for intellectually for both revolutions and further for the development of the democracy in the western tradition. Indeed, Locke in section 76 of the Second Treatise specifically recognizes the growth of society from the family and that the fathers of families eventually became political monarchs. hile this is the case, he makes the point that monarchs need to be "priests." Certainly, they were to reign, but…… [Read More]
S. Attorneys 1).
However all of this comes out in the end, one thing is certain: the status of something as private property appears to hinge on its being in significant measure an intentional object -- its status as a private owned entity has to do with in what mental relation is stands with an agent. (Machan 4)
The law has always protected tangible property and real property from theft. It has only been since the advent of the printing press that ideas and images have been disseminated through being printed. Once ideas and images became widely distributed, it was only natural that theft of ideas and their reproduction became possible and therefore prey to theft. Contract rights, licenses, franchises, government grants, and other intangible property could therefore be stolen and needed to be protected.
It was also important to make a distinction between the tangible and intangible property, between…… [Read More]
One might sell their property or hire others to work it, but this can only occur after initial ownership has been made through use.
This theory finds no small amount of agreement in the twentieth century obert Nozick's assertion that any properly justly obtained can be justly redistributed along whatever lines the owner sees fit. Nozick also maintains that people are ends in and of themselves, and must be treated as such by a just system. This also gives individuals full ownership of themselves and their labor (as in Locke's theory), meaning that a system of forced redistribution that allows someone to own another's talents and abilities is unjust. At the same time, resources are not the same as talent and ability; there is not a sense of innate ownership of anything external to the body. In order for resources to be fairly appropriated, then, they must have been fairly…… [Read More]
However, the rights have some confinements incorporating the limitations and other considerations of issues like their contradiction with the fundamental rights and the codified provisions in force. The legal issues involving intellectual property rights have two dimensions. Firstly, those that provide exclusive rights only in the sphere of copying / reproduction of the item or act safeguarded and secondly, those which provide a right to deter others from doing something. The former has no hindrance for making the design if it is not a case of copying. However, the later confers the right of patents and prevent the others from making the same design even if they had never heard of or seen the claimed property. The more specialized forms of such exclusive rights also prevails regionally such as mask work rights in USA, Integrated Circuit Topography Act in Canadian law, and in European Community Law by Directive 87/54/EEC of…… [Read More]
Marxist Critique of Property Rights
The Marxist Critique:
Property Rights as Barriers to Freedom and the Case for Abolishing Private Property
The Communist Manifesto was written by Karl Marx in six weeks in 1848, and was first published as the platform of a workingmen's association that same year. This document, at first an integral part of a secret society, spread throughout Europe, beginning with Germany, France and England, but reaching as far as Poland in the years that followed its initial publication. The Manifesto eventually cemented Marx's reputation as a revolutionary communist throughout the continent, forcing him to move to London, where he lived until the end of his life. Now probably the most widely read of Marx's works, though perhaps not the best illustration of his thoughts, the document nonetheless created the foundation for many of the communist regimes of the 20th century. This very accessible account of communist…… [Read More]
China's intellectual property rights protections have come a long way since 1978, but there remains room for improvement. While the de jure situation with respect to protecting intellectual property rights approaches Western standards, the enforcement or de facto situation is less encouraging. Western companies have a difficult time enforcing the patchwork of laws and often fail to win judgments significantly large to serve as a deterrent to IP thieves.
There is a strong case for improving the intellectual property rights regime in China. Stronger IP protections are correlated with higher flows of inbound foreign direct investment (FDI). Stronger IP protections are also correlated with superior domestic outcomes. In addition, China is in the position to influence the intellectual property rights protection regime for the world in the coming century. Thus, China should take a lead role in developing intellectual property rights not only for its own benefit, but…… [Read More]
As we can see in the preliminary discussion above, in the face of the extension of copyright and patent-heavy cultures from western nations to global trade relationships, the very conflict between capitalism and social progressivism is implicated. Indeed, many socially conscious global economic groups are protesting international intellectual property laws that they say are burdensome to developing economies and which favor the sense of entitlement and ownership typically reserved for those individuals and entities with greater resources at their disposal. Critics cite the orld Trade Organization (TO) and global legislation which it has sponsored such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) as fundamentally flawed and unfairly biased to benefit the wealthy. This helps to characterize a major aspect of the philosophical debate which currently differentiates the relevant perspectives of nations such as China, on one hand, and Canada and the United States on the…… [Read More]
China's Intellectual Property ights: Current Issues, Strategic Considerations And Problem Solving
In this paper, the focus is primarily on the Intellectual Property ights (IP) that are given to individuals within the epublic of China. The paper starts off by defining IP and the different ways that IP is provided like copyright infringement. The paper them moves on to define IP and its progression in China through the imperialistic years, the era after World War II and the modern structure of China's government and society. The paper's main aim was to discuss three aspects of IP: current issues, strategic considerations and problem solving tactics within China. Some of the current issues discussed include: stopping abuse and attaining redress, involvement of appropriate IP authorities, data collection, criminal enforcement, cultural differences, recognition and safeguard of IPs, corruption, and language and trademark issues. The paper then moves on to discuss strategic considerations and highlights…… [Read More]
property resources, as aptly named, are resources that are shared by a group of people in order to receive benefits from the collecting of these resources. These resources are often in demand and require regulation and monitoring in order control the amount that is taken. Restricting who shares these resources and how much they share lead to preservation of resources. To impose limits, property rights must be implemented. These property rights are managed by members of a group and are labeled common property rights. Articles like those written by Cinder, explain common property rights, and more specifically, marine tenure to control who fishes in the areas navigated and used by locals. Articles by Seabright, Hardin, and Cinder establish what transpires within the setting of common property and how members of a group who share the rights and resources perceive the concept of common property in connection to needs and activities.…… [Read More]
Intellectual property can be a difficult concept to define because, at its heart, it describes property rights to intangible things, such as creations of the mind. Because this involves concepts rather than physical property, for years the courts and legal system did not extend property protection to these types of creations. This can be further complicated by the fact that some intellectual property has a physical, or tangible, component. For example, books may be in a physical format, movies may come on a DVD, and music may be on a CD. When one purchases those objects, one gets the object, itself, but the meaningful part of the purchase is the content, which is what gives it value. Intellectual property goes beyond artistic creations, it also encompasses other types of creative or innovative ideas, such as scientific processes, trade names, or logos. Because the scope of intellectual property is so broad,…… [Read More]
The right to private property is something the American people believe is an inalienable right. For thousands of years society has allowed private property and rights to that private property. For example, people cannot steal someone’s private property without penalty. This has led to a resurgence in discussion of this policy issue because of the lack of input in where tax money goes from property tax. From a ‘May’ perspective, it is important to understand how the Bible supports the use of private property and what the government may control regarding it.
The ‘May’ portion of the May-Can-Should Analysis focuses on ‘Authority’. Biblical principles help guide understanding of a piece of legislation. That piece of legislation should also keep within the Constitution’s listed enumerated powers. A key policy issue discussed in Week 3’s module is private property.
In Genesis 1:29 the Bible speaks of Dominion Mandate. The Tend Commandments have…… [Read More]
a) Sonderholm (2010) describes intellectual property rights as "a socio-economic tool that creates a temporary monopoly", specifically as a means to allow creators to earn profit, which in theory will incentivize more creation.
On the issue of digital rights management versus the public's right to fair use, there are several issues to unpack. First is that a person who creates intellectual property has no obligation to do anything with it. In fact, there are vast reservoirs of unpublished novels, unfilmed screenplays, photographs, drawings…a vast amount of the intellectual property that is created is never brought to the public at all, and still more would be if there were means to do so provided to the creator.
But should a creator decide to bring their work to the public sphere, they and only they should have the right to determine how that work is delivered to the public. It…… [Read More]
managers protect intellectual property rights in China using de facto strategies" by Keupp, Beckenbauer and Gassmann. It was published in R&D Management in 2009 and the full text is available online at http://www.alexandria.unisg.ch/EXPORT/DL/53574.pdf
The authors begin with the premise that intellectual property rights are not as well-protected in emerging markets as they are in estern countries. In China, the authors note, social norms give the country a view on intellectual property rights that is distinct from the estern view. As a result, firms face significant risk in doing business in China, because they expose their intellectual property to actors who do not have the same respect for IP rights. The Chinese legal system simply does not respect IP rights to the degree that most estern firms would prefer.
Thus, estern firms need to employ creative strategies in order to ensure that their rights are protected. The authors' use of the…… [Read More]
China & IP
My research topic is intellectual property rights in China. My thesis is that China needs to strengthen its protection of intellectual property rights in order to improve its integration with the global economic system. I will argue this point on the basis that China's current level of intellectual property rights protection is inadequate.
I have chosen this topic because it a highly topical within the business world. China is one of the largest economies in the world, one of the world's most important manufacturing centers and one of the world's most important consumer markets. Yet to most observers, China lags in its protection of intellectual property rights. These rights are fundamental to the functioning of the modern economic system, where individuals and companies are compensated for their output. An analysis of Chinese intellectual property rights as they stand de jure and de facto, in light of its…… [Read More]
The delivery of the deed and the warranties of title are all notions being presented in this chapter.
Chapter 11 discusses notions related to the title assurance, starting with the basic information pertaining to the recording system. The chapters introduces the basic, common law rule, which is that a grantee who was prior in time prevailed over one subsequent in time. The chapter continues by defining the several types of recording acts ("race" statutes, "notice" statutes, "race-notice" statues) and to the process of recordation, as well, as the effects of recordation and the requirements for this process.
The second part of this chapter refers to title registration. This is a process that is separate from the recording system and is currently used only in a couple of states. This type of approach does bring several potential issues, mainly claims of defects in conclusiveness. This is argued both with the defect…… [Read More]
Interestingly, the connection between private property ownership and political freedom developed in a roundabout way. As property owners grew richer from their commercial endeavors, the state sought to reap benefits via property taxation and this in turn helped to empower the people and Parliament. Pipes draws further connections between the evolution of the commonwealth, the British Empire, and burgeoning rights and freedoms for property owners.
Chapter 4 addresses the history and evolution of property ownership in ussia. ussia's history is far different from that of England, especially with regards to property and its connection with individual rights and freedoms (or lack thereof, in the case of ussia). Pipes explains thoroughly the origin and impact of the patrimonial system in ussia, which established monarchs firmly as the property owners and precluded genuine private property ownership. Patrimony, ussian style, is clearly and simply defined as "the fusion of sovereignty and ownership," (p.…… [Read More]
There have been several arguments with reference to the social impact of the Intellectual Property, and it has been observed that the Intellectual property law has been responsible for the promotion of the competitive forces in such a manner that 'antitrust law does not address, and may do so based on evidence that would be insufficient in an antitrust context' (Brinson, 1994). It is indeed a difficult practice related to the 'forced sharing to attain optimal competition' (Brinson, 1994), and it appear to be unwarranted 'in most antitrust contexts, and it is clear indication of the absent clear proof of market harm' (Thomas, 2006), although it is expected to 'constitute improved and comprehensive Intellectual Property policy, even in the presence of ambiguous evidence' (Brinson, 1994). The anti-trust law and the intellectual property law is expected to minimize the cost of three different things, which include, false positives, as per which…… [Read More]
Right to Carry Handguns for Self-Protection:
The right to carry handguns for law abiding citizens has been a continual social and political debate about the restriction or availability of firearms within the country. Actually, the right to carry handguns has developed to become one of the major controversial and intractable issues within the social and political environments in the nation. The main reason attributed to the development of this controversial issue is the constitutional provision regarding firearms and the government's responsibility to prevent criminal activities, maintaining order, and safeguarding citizens' well-being. The debate has been characterized by different reasons that have been raised by intellectuals, social activists, and advocates in support and opposition of the controversial issue.
The debate regarding the right to carry and keep firearms can be traced to the inception of the gun culture, which explained the affections of American's citizens in adopting and celebrating…… [Read More]
ight to Privacy
Being a citizen of the United States comes with many benefits in comparison to citizenship in other countries. Through the U.S. Constitution and the Bill of ights we are granted certain rights -- the right to free speech, freedom of religion, freedom of the press, and freedom of assembly -- just to name a few. However, despite the 27 amendments the Bill of ights that guarantee American protections and liberties, there is no explicit law that guarantees protection to a citizen's right to privacy (Davis, 2009). It is more of an assumed protection, although most Americans do not realize it.
In 1928, Associate Supreme Court Justice Louis Brandeis referred to the right to privacy as the "right to be left alone" (De Bruin, 2010). This assertion is often supported with a citation of the 14th amendment which states: "No State shall make or enforce any law which…… [Read More]
ights of Accused
One of the most significant legal principles that originated from the English Law and is cherished by conservatives is the due process clause. Actually, the Due Process Clauses can be regarded as among the most essential and controversial provisions entrenched in the American Constitution. The due process provisions were entrenched in the constitution as a means of ensuring that the rights of innocent people are protected against abuses from the federal government. In addition to protecting innocent people from wrong conviction, the due process clauses also provides a balance of disparity in resources between federal and state governments, and the common accused individual.
Origin of the Due Process:
The origin of due process of law can be traced back to 1355 when the phrase developed as a restatement of the 1215 Magna Carta (Johnson, n.d.). During this period, the due process of law was used for the…… [Read More]
ights of the Accused
The Due Process Clause is considered as one of the most important legal principles and controversial provisions in the U.S. Constitution. While the emergence of due process can be traced from the English common law tradition, the long and twisting history of due process usually leaves scholars puzzled and students confused. The controversy surrounding due process is mainly attributed to the Supreme Court's use of the clause in the Fourth Amendment for many of the Bill of ights provisions to states through the incorporation process. During the colonial years and period towards the adoption of the Constitution, the meaning of due process was basically stated on the basis of notification and fair hearing. As a result, the due process clauses in the state organic laws were understood to relate to process instead of matters of substance. Currently, despite of these controversies, due process is mainly used…… [Read More]
The ability of the state to hem in the free use of public space is clearly seen in the limitation of the Free Speech movement in Berkeley, California. Students at the state university were outraged by the limitations placed upon the campus by the administration, such as prohibiting non-students from disseminating materials and the prohibition on distributing political leaflets on the Bancroft-Telegraph sidewalk, traditionally an area of political protest (Mitchell 90). The university invoked its right, in loco parentis to supervise free expression. Students and administrators were at war as to whether the university was a totally free public space, or a space subject to regulation -- this division would later be waged over the People's Park, an area designated for university expansion. The war between the university and state authorities that ensued turned the park into a generational or ideological battle, articulated and mapped on the space. Who owned…… [Read More]
Right to Die
For the last few decades, the issue of a person's right to choose the time and method of his or her own death has been one of passionate debate in the United States, with emotions running high on both sides of the controversy as the meanings of liberty and freedom of choice, the morality of taking one's own life, the ethics of people involved in such actions, and the laws related to this issue take center stage in the arguments.
Since civilization began, suicide has existed in one form or another, with varying degrees of acceptance, such as the ancient Greeks who held tribunals for elderly people who requested to die, and if approved, were given hemlock and during the first century B.C. actually held annual banquets where the elderly were allowed to attend and drink poison if they felt they had lived long enough.
Moreover, "traditional…… [Read More]
High level of privatization as most companies offering health care insurance are private
The U.S. health care system is the most expensive in the world, meaning that the country spends most money on the health of its people; this is true in cases of both expenditure per capita as well as percentage from the gross domestic product (The Division of Lifelong Learning at the University of Maine)
47 million citizens in the United States are currently uninsured and their number is continuously growing; 8.7 million of the completely uninsured are children
The current legislation allows organizations to move the cost of health care to the employees, who unfortunately cannot afford these expenditures
More than 40 million people relay on the public Medicare support, but the Bush administration commenced a process of privatization of Medicare (AFL-CIO, 2009)
International comparison -- in a study conducted on the 14 most developed…… [Read More]
New communication technologies require stricter scrutiny, as well. The threat of reprisal is the most effective measure against intellectual property right infringements, and for this reason one of the most essential actions that can be taken in this regard -- and frequently is -- is the filing of civil and criminal charges against companies that infringe upon these rights in an aggressive and uncompromising manner (Long 2000). This not only limits damages, but dissuades future infringement.
Protecting Other Firms
efraining from infringing on another company's tangible and intellectual property rights might be seem to be a simple task, but it does require that certain actions are taken by pharmaceutical company managers. First and foremost, knowledge of the property right laws in effect must be obtained and thoroughly understood in order to refrain from infringing upon them. With this knowledge in place, managers can ensure that any similarities that develop between…… [Read More]
Fichte separate right from morality and is it a good thing? Should they be separated?
Fichte's Philosophy of ight and Ethics
Why does Fichte separate right from morality and is it a good thing? Should they be separated?
Moral and political anxieties animate Fichte's entire philosophy and his perceptions to these issues that are innovative and at times tied together. His responses to Kant's vital philosophy in 1790 was a retaliation to the Kantian moral perception and its outset of human self-esteem as embedded in freedom and the moral outlook of human beings as normal agents. Fichte's perception on Wissenschaftslehre principle was a far from the conceptions developed in 1974 by the philosophers of Foundations of the entire Wissenschaftslehre. Fichte's major works in the principle of right and morality are extensively covered in these two areas; Fichte's Foundation of Natural ight (Cambridge Texts in the History of Philosophy) And the…… [Read More]
Product Safety, And Intellectual Property
Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual
Ethics and legal issues refer to the morals and principles that govern the behavior and conduct of individuals or organizations. These legal principles and ethics serve to guide and offer directions on how to act or respond when faced with moral dilemmas. Marketing, advertising and product safety are areas of importance to everyone in the community. Production, distribution and use of products or services are areas guided by the laws of the land. The laws function to protect the community from exploitation or mishandling by the participants in the above sectors. In the marketing and advertising framework, the concept of ethics deals with personal moral principles and values. Under this framework, the society understands that laws are values and standards that are enforceable in the court. In the production of goods and services, the…… [Read More]
Protection of Intellectual Property
Intellectual property is any form of an idea that originates from a person or company and used to create innovative products, or services. Theft of these ideas by foreign entities to produce similar knock off goods has had a negative effect to both the owners of the idea and economy as a whole.
The United States Department of Justice and the Federal Bureau of Investigations (FBI) have taken a number of steps to fight against intellectual property theft. According to their websites, they both run complex investigations on cases that arise from theft of intellectual property. Since intellectual property includes copyright, patents, proprietary products, trade secrets and internet protocols, the two offices have contingencies that are there to resolve unique legal and investigative issues being raised by telecommunication technology. They also, according to their websites have the mandate to pursue local and international cases that relate…… [Read More]
intellectual rights and how they apply to all aspects of the business cycle.
Intellectual ights and the Business Cycle
Intellectual rights are something that almost every business today has to deal with in some form or other. While the concept is a relatively new one, it has, nonetheless, become a concept that no business today can afford to ignore. Intellectual rights can affect every part of the business cycle, and a company that ignores this issue does so at its own peril. Businesses can be forced out of business or find themselves in complicated legal trouble over intellectual rights if they abuse the intellectual rights of others. Businesses can also find themselves mired down in lengthy court battles and in financial peril if they ignore their own intellectual rights. This paper examines the issue of intellectual rights as they apply to all aspects of the business cycle.
What are intellectual…… [Read More]
Judicial eview for Private Property
The role that has been played by the judicial review when it comes to protecting the rights of private property was discussed by Daniel Cole in "Political Institutions, Judicial eview, and Private Property: A Comparative Institutional Analysis." The tension which exists between property rights and democracy was examined by Cole in his article. Cole starts by focusing on the concerns shown by Madison regarding the protection of individual property rights within a democratic society and how this democracy proves to be a challenge for many of the property rights' notions (Cole, 2007).
A tension has always been there between democracy and the ownership of private property however, in Cole's point-of-view this tension has increased with the rise of the welfare state which basically involved making use of the private property for the public use. The notion of regulatory taking was introduced by Holmes according to…… [Read More]
(California EPA Land Use Regulations and Covenants NP) Without such covenants and restriction there is a clear sense that ignorance would drive selfish decisions about property use that could have lasting effects on the property and the whole region.
Thomas Jefferson, would have been unlikely to have experienced the extreme nature of environmental devastation that can be caused by overuse or poor use of land and property. In Jefferson's time questions regarding individual rights were the questions of the day. Questions regarding how toxic substances leech into groundwater was limited to urban human waste not complicated chemical agents. Additionally, there is a clear sense that individuals and agencies are far more informed today about environmental issues and their long-term impacts on the earth than ever before. This information and the abuse of it has broad implications on the earth as well as future planning and development. One example of the…… [Read More]
Individuals and Their ights - a book by Tibor . Machan
Machan's view is that libertarianism has a "moral superiority" over other political theories and practices - and hence, that reflects one of the pressing needs for this book to be written.
The essence of the author's arguments in this book is that a comprehensive "moral defense" of the sometimes controversial tenets of libertarianism had not yet been presented - albeit this book was published in 1989, and subsequent to its appearance there have indeed been numerous academic justifications and explanations for the libertarian philosophy herein espoused. The author admits, in the Preface (p. xvi), that he had to choose between a) just "charging ahead" and presenting his arguments (ignoring critics), or b) the path of "looking often at criticisms" and giving readers key rebuttals to those attacks. He chose "b" - because he recognized, in an honest editorial position,…… [Read More]
What this means is before the passage of 207 if the government suddenly decided that a rose was protected, and land had natural roses growing on it the land could not be sold or developed as the owners would be government ordered to set aside that land as a natural preserve.
The change that proposition 207 brought was that if a government action reduces the value of one's land then the government must pay the landowner for causing that to happen.
Another example of this is when a person owns a large piece of land and that land is currently zoned to allow 20 houses to be built on it. If the government decides that it does not want that dense of a population in the area, due to current traffic congestion or any other reason, then the government might decide to change the zoning to only allow three houses…… [Read More]
Describe what is entailed in property rights.
A property is a physical or tangible entity that has ownership. A property can be a piece of land, a home or any other physical space owned by a person or group of persons. There are public properties that are owned by the state or government. Private properties are owned by an individual or group of individuals. Property is usually defined by the law as a space for which title or ownership has been established.
Explain a legal description.
A legal description is a formal, legal, detailed report which describes all components of the property. The legal description holds descriptions of easements, property lines, and reservations about the location. Legal descriptions are upheld in court and are binding. They are used in legal documents such as property deeds. A legal description can be used to identify and locate a specific property.
List…… [Read More]
Each institution must have an acceptable use policy for access to all systems including the Internet/World Wide Web. This policy must include provisions for:
protecting the confidentiality of students protecting intellectual property rights, licensing agreements and legal/ethical standards for sharing of resources with other educational entities upholding the integrity of systems, programs and information resources
The duties and responsibilities to carry out this policy are placed upon institutions, IT officials, and instructors (District Technology Plans: Essential Components and E-ate Plan Criteria, n.d.).
The Florida policies do a good job in making sure that each institution has a policy in regards to intellectual property. It deals with protecting the use rights of the systems that are being used in the course of distance learning along with student confidentiality. This is an advantage to both the institution and the individual student. What this policy does not address is how reasonable technological measures…… [Read More]
In the 19th century, the idea and definition of rights was extended by calls for social and economic rights that came on the tail of rapid industrialization. This new era of rights was based upon the utilitarian idea of obtaining the greatest good for the greatest number of people. This included a discussion of property ownership, both private and common, and the ideas of public of rights and private responsibility (Nuncio).
By the 21st-century, the idea of rights has been transformed into a global political order based on constitutionalism and positive legalism. In a climate that supported the international will to maintain peace, the world's nations largely adopted a single agreement to ensure such rights. This agreement, the United Nation's Universal Declaration of Human Rights, was adopted in December of 1948 (Nuncio). This Declaration included provisions for both rights of nations, and the rights of individuals (Human Rights eb; a…… [Read More]
Business operations are deemed viable of they succeed in establishing conditions that guarantee safety for its product consumers. Specified standards are applied by business entities to attain such viability. These considerations are critical in product safety, intellectual property, and marketing in general. If a company or business entity violates any of the aspects mentioned, it stands a high risk being caught in a web of ethical and legal complications that might destroy it. PhamaCARE finds itself in such a precarious predicament owing to its blatant violation of a number of legal and ethical standards. There were both ethical and legal problems that impacted on its clients and businesses. Investigating behavior is paramount in uncovering issues related to legal and ethical problems of any business entity.
Pursuant to the scenario above, identify three (3) legal issues and problems PharmaCARE has in relation to marketing and advertising, intellectual property, and regulation of…… [Read More]
The United States Supreme Court ruled in favor of Illinois and argued that the Fourteenth Amendment was designed to protect against race discrimination only…" Gibson, 2007, Background to Muller v. Oregon section ¶ 1). The Court ruled that the Fourteenth Amendment did not include the protection of women's rights.
The following depicts Justice Bradley's concurring opinion regarding Bradwell's
Man is, or should be, woman's protector and defender. The natural and proper timidity and delicacy which belongs to the female sex evidently unfits it for many of the occupations of civil life. The constitution of the family organization, which is founded in the divine ordinance, as well in the nature of things, indicates the domestic sphere as that which properly belongs to the domain and functions of womanhood.... The paramount destiny and mission of woman are to fulfill the noble and benign offices of wife and mother. This is the law…… [Read More]
Jefferson Davis Views on State ights and Secession
Jefferson Finis Davis or more popularly known as "Jeff" Davis was born on June 3rd 1808 to the Kentucky couple Samuel and Jane Cook Davis. He passed away on December 6th, 1889 but not before he served as an American statesman and leader from the Confederacy throughout the American Civil War entire duration of the Civil War as well as the history that was made in that era. In his early life, he attended and graduated from the Transylvania University, and West Point which he followed up by fighting in the Mexican -- American War. He served as the colonel of one of the many volunteer forces fighting the war at the time. He followed that by serving the United States as the Secretary of War. He completed this tenure under the democratic governmental structure of President Franklin Pierce. He continued to…… [Read More]
NOZICK'S ENTITLEMENT THEOY
obert Nozick's Entitlement theory is mainly connected with the issue of property and transfer of property but it is essentially based on the issue of Justice and how it comes into question when property is being transferred or owned. Nozick believes that property rights need to be studied in the social context to understand how transfer and owning of property can give rise to the issue of justice within the society. He believes that when a property that was previously not owned by anyone is transferred to someone and an individual becomes the owner of that piece of land, it is the duty of the government to ensure that no one is left worse off due to this transaction. This is the Libertarian view of property rights and was previously raised by some important thinkers including Aristotle and Thomas Aquinas. ousseau and Bentham also touched upon the…… [Read More]
Threats to Ownership and Copyright of Intellectual Property
The intellectual property (IP) is defined as an original creative work, which may be tangible or intangible form legally protected by law. (aman, 2004). The intellectual properties include the rights to scientific, artistic and literary works. Moreover, IP covers the invention of human endeavor, scientific discoveries, and industrial design. A current revolution of information technology has made IPs the greatest assets of assets. In the last few decades, there has been a rapid growth of digital discoveries where the IPs of the digital products are in electronic format. However, hackers have taken the advantages of the digital form of IP products by invading and stealing their IP in order to produce the counterfeited products and later sell them online. (Zucker, & Nathan, 2014). IP theft refers to an infringement of patents and copyright through counterfeiting of digital theft. Counterfeiting is an imitation…… [Read More]
right, a legal right, a moral right, a human right. How are they related?
ights are privileges or entitlements to perform particular actions, or to be in particular state/situations; or privileges/entitlements to carry out certain actions or be in particular states. ights are the cornerstone of the modern comprehension of what actions are allowed or permissible and which institutions are fair and just. ights structure the content of laws, the form of governments, and shape morality as it is currently viewed (Wenar, 2005).
A legal right
Legal rights are rights which exist under the constitutions and laws of legal systems or by the virtue of decisions by the appropriate legal authorities (Campbell, 2001).
A human right
Human rights have been defined in many circles as essential moral guarantees that people and cultures in all countries apparently have for the simple reason that they are human beings. Thus human rights are…… [Read More]
Search Engines and Online Libraries
There are several people who might fall into the class of people who create intellectual property. First, there are creatives, for example writers, visual artists, or even project managers such as directors or the team who write code for software. All of these are actively involved in the creative process. When they are doing as employees or contractors of a company, then typically the rights flow to the company, as the financier of the project. But someone creating on their own should have full right to distribute as they please, whether or not this involves active digital rights management. There are examples of star acts that have sought to exert greater control over their work, using digital distribution models to bypass record companies. This is an example of a content creator exerting their natural control over how they distribute and control their work…… [Read More]
person steals the property or possession of another, the action is considered both a criminal and moral offense that if caught, the corresponding penalties are meted out. The matter is easily provable because what was taken is a tangible entity that provides solid proof of the usurpation. The issue becomes contentious when what has been stolen is intangible especially if these are original ideas, thoughts, designs and concepts. This then comes under the purview of plagiarism, a well-known offense not only in the academic circles but in the milieus dealing with intellectual property rights and copyright. Plagiarism should be differentiated from copyright though wherein "copyright is an area of civil and criminal law that prevents a series of uses of a qualifying creative work [while] plagiarism is a primarily ethical issue that centers around the dishonesty of claiming another's work as your own (ailey, 2011)." Nonetheless, plagiarism at its plainest…… [Read More]
human rights, social rights, and civil or political rights. For each, provide a brief description of an issue from the news that exemplifies each type of right.
Current human rights issues
One supposed danger of an expansive definition of human rights is so-called 'rights inflation,' whereby an increasingly broad definition of human rights dilutes the original meaning of the word. Those who fear such 'rights inflation' stress how definitions of human rights "deal with extremely important goods, protections, and freedoms" (Nickel 2010). Examples of these include freedom from slavery, a fair trial, education, and freedom from genocide. However, arriving at a fixed definition of human rights has proven to be extremely challenging. Human rights tend to be based on international norms, and thus vary over time. But there is controversy even between nations as to what is a 'human right' -- hence the controversy when leaked documents revealed that "U.S.…… [Read More]
Andean Indigenous Interest and Rights regarding the Politics of the Amazon
In today's society, there is a tremendous need for global initiatives to support biodiversity, conservation and the protection of nature, as well as the culture of local inhabitants, especially those living in the Amazon. In recent years, many governments and coalitions have partnered with communities and native leaders to protect biodiversity and culture.
Grass-roots organizations and scientific discoveries have increased awareness about these issues, which include democratic participation by indigenous people, intellectual property rights, and cultural and ethnic identity. Within the context of globalization, the world is shrinking, and the dominant cultures, those of Europe and the United States, are penetrating the local world, including the indigenous groups in the Amazon basin. This paper will discuss the Andean indigenous interest and rights regarding the politics of the Amazon.
Global interest in ecological issues began in the mid-1980's.…… [Read More]
Thoreau and Locke acknowledge the right of the people to renounce their allegiance to their government, what is the difference between their understandings of this right and what different conditions would warrant such an act?
When do citizens have the right to throw off the yoke of a sovereign and adopt a new form of governance that is more in keeping with the wishes and their needs of the majority of the populace? During the age of the Enlightenment in Great Britain, the philosopher John Locke wrote in his "Second Treatise of Governance," that all governments of the world must protect the life, liberty, and property rights of the common citizens. Locke wrote that if a government fails to honor this function, then its citizens had the right to revolt against the government, as the social contract between the governed and the government was not being honored. For example, if…… [Read More]
ights Accused 1.Fully defined due process origins, Completed 90-100% accuracy, 2.Fully explained due process protects accused abuses federal government. Complete 90-100% accuracy, thoroughness, logic, Used (3) reference directed.
Due process was one of the first rights that were created in the U.S. constitution. The history of due process comes from the year 1355 when the phrase was coined at the time when there was the first government. The Great Charter of the Liberties of England statute stated that no man would be imprisoned or prevented from enjoying their freedom or liberty or be outlawed or exiled unless by lawful judgment that is passed or by the law of the land. Several years later in the 28th year of the reign of King Edward III, it became a declaration that no man was allowed to be deprived of their property, be imprisoned, disinherited or killed without being charged by the due…… [Read More]
Bill of ights defines the protections afforded individual citizens under the Constitution against excessive government intrusions into private lives and arbitrary prosecutions. These rights are contained in the Fourth, Fifth, Sixth, and Fourteenth Amendments to the U.S. Constitution. Since these Amendments were first adopted by the ratifying states the courts have interpreted the intent of each and created rules that attempt to keep the government from running roughshod over these rights. In 1944, the Federal ules of Criminal Procedures were generated by the Supreme Court and Congress turned them into law (LII, 2010).
One of the most important rights is to be free from unreasonable searches and seizures under the Fourth Amendment (LII, 2010). A warrant issued by a magistrate or judge is typically required before a police officer can enter a private citizen's residence or other property and conduct a search. In addition, the focus…… [Read More]
hat are the main debates on equality on the MDGs post 2015, and how is this important for the children's well-being?
There are many debatable items and priorities that are associated the ongoing efforts in the 2015 Millennium Development Goals. One of the main priorities is to eradicate poverty. This is no easy task and has been a goal for the group since its origin. However, this issue is important to children in many ways. One particular way to help eradicate poverty is through education; especially the education of young females.
One of the reasons education is especially important for young women is that education is linked to the age at which women marry and have children. In sub-Saharan Africa and in South and est Asia, child marriage affects one in eight girls; one in seven gives birth by the age of 17; education can empower…… [Read More]
Comparing Madison's ideas against Karl Marx's proposition of a new form of government (or aptly, a new social order) through Communism, salient differences emerge that highlight how Madison's democracy and Marx's Communism can be found in the opposite poles on the spectrum that is the political school of thoughts. Marx's The Communist Manifesto reflected human history's transition from a traditional to a capitalist society, and eventually, to a Communist society. This transition was a result of a history-long struggle of the "oppressed," who Marx referred to as the "proletariat," the social class that will eventually elevate the status quo of society from an oppressive to an egalitarian one -- that is, through Communism. Marx argues that transitions throughout history prior to the establishment of a Communist societydid not offer any the "class antagonisms" that existed in society:
The history of all past society has consisted in the development of class…… [Read More]
Death Penalty in Michigan
There are, at present, 38 states with the death penalty and 12 without (deathpenaltyinfo.org 2004). Michigan is one of the 12. From 1976, there have been 906 executions in the U.S.: 517 were white, 310 blacks; 57 hispanic; and 22, other races. More than 80% of these cases involved white victims, although only 50% of murder victims were white. Case studies on race showed that 96% had racial undertones, whereby 98% of the chief district attorneys were white and only 1% were black. Another study conducted in Philadelphia revealed that more blacks were given the death penalty than white and other races at 38%. Still another study conducted in North Carolina said that the death sentence went up by 3.5 times when the victims were white (deathpenaltyinfo.org). Records show that 37 states with the death penalty used lethal injection method in 739 executions, 151 by electrocution,…… [Read More]
ights of the employees and employers in the UAE
This paper is divided into two parts: art one highlights the responsibilities and rights of the employers working within the UAE; the second part highlights the rights of the employees, including expatriates, working within the UAE.
Employer ights and Duties
Prevalence of Arabic
In all sorts of records, contracts, files, statements and documents Arabic language will be used and its use will also be compulsory for the instructions and the circulars used in the organization by the employer to the employees and if in any case there is any sort of foreign language prevailing then Arabic shall prevail over all the other texts (Labor Law, 2001).
ATICLE (4) - Amounts payable
The amount paid to the employees or any of hidden beneficiaries under the law shall be based on the value of the movable and immovable property and items of the…… [Read More]
. . while defending these institutions themselves" (1034-1035). Peled further argues that Rousseau was not able to solve this paradox and it was one of the reasons why he became increasingly pessimistic about modernity. But Rousseau's attempts to reconcile the contradiction in his approach are worth looking at in details.
Although Rousseau abhorred inequality that rose out of private property, he did not hold any illusions about modernity. He believed that private property became an essential component of the modern bourgeois society and economic relations in the modern era could not be free from errors and corruption. So, Rousseau thought that the best solution to modern inequality was to allow private property in limited amounts and regulate it through the state that represents the common will. In a perfect society imagined by Rousseau, the state would honor the right to possess private property but at the same time would retain…… [Read More]
Private Property & the Commons of 16th Century Spain
Private Property in 16th Century Spain
Historically, 16th-century Castile was considered to be fundamentally an urban society that depended on cities and towns for the articulation of its local and centralized administration (Elliott, 1991). Privilege was considered to be a matter of a priori rights founded on traditions associated with nobility and wealth. The lower social stratum was maintained in order to provide fiscal and military support for the crown. The qualities of separateness -- both cultural and logistical -- between the urban central and diffuse local jurisdictions engendered very different perspectives regarding authority. ather than arbitrating reasonable agreements, local authority worked to undermine what was considered to be overreaching by the crown. I contend that the autonomy of local jurisdictions worked against the crown's insistence on absolutism and a monarchy of estates that were grounded in medieval social concepts, however,…… [Read More]
Declaration of the Rights of Man, written by Lafayette during the reign of Louis XVI, is quite different to that of the Declaration of the Rights of oman created by De Gourges during the rule of the revolutionary French government.
The Declaration of the Rights of Man consists of 17 short and succinct points. As we see it has been approved by the National Assembly of France on August 26, 1789. Its passage seems to have been smooth. That of the Rights of oman, however, was formed and accepted by oen group -- a partisan group of women -- and even they did not reflect the general population of females who, as de Gourges remarks, are against the status quo being changed and would need males to campaign for any effective social change in their condition to be accomplished. De Gourges was correct. The first pamphlet, the Declaration of Man,…… [Read More]
gun control. One side rights benefits owning a firearm. The side anti-gun ownership guns illegal. The final part paper position pro-gun ownership! Please make essay original.
There is much controversy regarding fire-arms, their use, and whether or not people should have access to guns. The "guns don't kill people, people kill people" expression is likely to spring to mind when considering issues related to guns. Surely, one might be inclined to say that in spite of the fact that guns are not directly responsible for the fact that people are dying, they provide humanity with a means to killing individuals. Some people are unable to effectively control an excessive amount of power and it thus seems wrong to provide them with access to fire-arms. Even with that, if the authorities focus on establishing harsher laws concerning gun ownership, individuals who are predisposed to committing crimes will no longer be able…… [Read More]
Ross (1988) notes the development of Romanticism in the late eighteenth century and indicates that it was essentially a masculine phenomenon:
Romantic poetizing is not just what women cannot do because they are not expected to; it is also what some men do in order to reconfirm their capacity to influence the world in ways socio-historically determined as masculine. The categories of gender, both in their lives and in their work, help the Romantics establish rites of passage toward poetic identity and toward masculine empowerment. Even when the women themselves are writers, they become anchors for the male poets' own pursuit for masculine self-possession. (Ross, 1988, 29)
Mary ollstonecraft was as famous as a writer in her day as her daughter. Both mother and daughter were important proponents of the rights of women both in their writings and in the way they lived and served as role models for other…… [Read More]