Thursday, October 31, 2019

The right of habeas corpus in the context of the war on terror Essay

The right of habeas corpus in the context of the war on terror - Essay Example There had been no requirement of producing the body of the person with the cause of detention which never had been the case before. It was only for ordering an officer to produce the defendant and not for the purpose of scrutinizing the cause of detention by the court. There has been a mistaken impression that habeas corpus had been originally for the purpose of bringing people to custody and not to set them free. Actually, it was not for making arrest but to ensure the physical presence of a person to the court on the appointed day. However, the use of habeas corpus was not originally associated with liberty and it was a procedural requirement by which courts used to insist on the presence of the person to decide the matter relating to him. It was only with the enactment of Habeas Corpus Act 1640 that power of detention by the king was removed and abolition of all conciliar courts including Star Chamber was made. It was for the specific purpose of availing the right of habeas corpus by the detained persons requiring the King or Council to produce them before the court without delay and with a statement for reasons of imprisonment. The court was required to pronounce its verdict about the legality of the detention within three days and grant bail, discharge or remand the arrestee as it thought fit. A judge failing in this regard was liable to pay fines and damages to the aggrieved party. As the Habeas Corpus Act 1640 was not effective and the judges were not bold enough to contradict the king’s power of detention, the Habeas Corpus Act was 1679 was enacted. This Act was applicable to only criminal cases. This enactment marked the emergence of writ in its modern form (Zellick, Farbey, Sharpe, & Simon, 2011). Thus, the writ of habeas corpus has been an instrument against the unlimited executive power of detention first in England and then in the United

Tuesday, October 29, 2019

Summary 7 Essay Example | Topics and Well Written Essays - 250 words

Summary 7 - Essay Example This can validate the identities of culturally diverse children as well as be the role models for these children. Teachers who can understand and appreciate culturally different strengths and cultural resources of children are found to be much more effective teachers are more likely to provide enriching environments that celebrate everyone’s differences. However, since the teachers themselves are exposed to mainstream education where cultural diversity is not as celebrated as it is today, it is quite a challenge to adapt. To address this need to adapt to the culturally-heavy classes, there are professional seminars and trainings that have been offered to them. One of these is the Family Literacy Nights with Latino families and their children since the Latino population comprise the biggest chunk of the culturally diverse population. With Family Literacy Nights, the teachers have interacted with the parents and the kids themselves. This project helped quashed misconceptions about the culturally-diverse families. With family literacy nights, the teachers have firsthand information about the immigrant families. They empathized with the frustration that the parents have over language learning and their affinity to use their old language. They understood that these people can never think like the native speakers. They also learned that the parents want to help their children excel in their English-based classes but cannot help since they do not know the language. They also knew reasons why some families cannot come to school activities: location and time matter. It is not that they do not support their children’s education, it’s because they do not have the means of transportation and the time to go to events (they have to work, and they are too poor to have a car). They also knew not to prevent the children from speaking their native language as this fosters sophisticated linguistic abilities (they had English-only policies

Sunday, October 27, 2019

Teleological Argument on the Existence of God

Teleological Argument on the Existence of God In todays society there are many arguments surrounding the question does God exist?. One of these is the teleological argument. The world around us is very intricate, from snowflakes to plain old rocks, much like the items we ourselves create. Many people nowadays and throughout history (myself included) noticed this trend and think about how our world is structured and detailed in a way that when studied closely, looks as though it mustve been designed in order to exist at all. Nothing we create that is complex (a computer chip/watch) is there by chance, they had to be designed, it had to be intricately placed together in order to create said object. If this is true of manmade objects, then surely everything that surrounds has to be created by an intelligent being too? These thoughts were brought together by William Paley and form what is known as the teleological argument in philosophy. A rock is just as complicated and mosaic like as a watch that has been painstakingly designed by hand when viewed on a quantum level, this idea is fully explained and examined in the watchmakers analogy which suggests that if a watch was designed, then surely all that is intricate in nature must surely have an ultimate creator. Paley himself began to consider this argument while thinking about religion, how God fits into the creation of the universe and everything in it. The theory that all things must be created, otherwise known as the intelligent design theory, has been debated and supported by numerous philosophers throughout the ages, from St Thomas Aquinas in the 13th century, through the movement in the 16th and 17th centuries led by the likes of William Derham, to modern day philosophical theorists and evolutionary biologists such as eminent atheist Richard Dawkins. The earliest cited versions of this argument are associated with Socrates in ancient Greece, although it has bee n argued that his ideas were influenced by earlier philosophical arguments. Plato, his student, and Aristotle, developed complex methodologies around the idea that the universe has an intelligent designer. William Paley was an English churchman and Christian apologist who lived in the mid-18th century to the early 19th century, his treatise and lectures (that were delivered to such notable philosophers as John Locke) on moral philosophy, concerned themselves with proving the existence of God. He believed that the complexity and order of all things could not have come about as a matter of chance, and that all things within the universe seem to have been designed with a purpose in mind. In Paleys mind the only thing that would make sense in order to explain this would be a God, the Christian God of his religion. This is in direct opposition to Darwins theory of natural selection and evolution. Using the watchmakers analogy Paley suggested The marks of design are too strong to be got over. Design must have had a designer. That designer must have been a person. That person is GOD. In this theory the watch is a metaphor for the universe; God is to the universe as Watchmaker is to the watch. Even if we didnt know where the watch from the analogy came from, we could still infer that it was made by someone or something with a specific purpose in mind because of its complexity and function. This can be transferred to the origin/creation of the universe and things we cant yet explain and since we have no definitive answers as to how to universe was created, we can assume the same. Paley did not accept that the existence of things such as natural disasters or immorality in the world as a counter argument for his theory or as evidence of a creators malicious intent or bad design. After all, even the most intricately designed things can be broken or go wrong in certain circumstances. A watch, despite its intricate design might sometimes malfunction which does not disprove the fact it had been created with intent and purpose. He believed that everything in the universe (natural or man-made) has an order. For example, the galaxy orbits its centre, just as the planets orbit the sun and an electron orbits an atom. Everything has a pattern, a structure, no matter how simple or intricate it is; they are in everything you look at or do. This order, Paley argued, is proof of his argument saying that God exists and is the ultimate creator of everything. The Scottish philosopher David Hume, who was a relative contemporary to Paley, disagreed with the idea of the intelligent design argument being proof of Gods existence, which he thought had a complete lack of evidence. Hume strongly believed in empiricism (that everything comes from our senses) and thought that rational thought and the laws of nature proved that miracles werent a possibility. He also argued that an orderly universe was not proof of a creator and that even if there was a God, supreme deity or designer we couldnt possibly know anything about it or prove its existence. He thought that if there was a creator, why did it have to be God? Could there be more than one creator/God? The design argument does nothing to prove the existence of God in the traditional sense, that being a God who is omnipotence, omniscience, and omnipresence (all good, all knowing and always there). Perhaps this deity isnt the ultimate being and the design argument does nothing to either prove or di sprove the existence of an all-powerful God. The fact that evil exists in any form and is everywhere, suggests that God is either all-powerful but not completely good or he has good intentions but is not able to eradicate evil and isnt all-powerful. Hume uses this as counter-argument to the idea of an omniscient God as an all-good and kind god wouldnt inflict needless pain on people/sentient beings that have done nothing wrong. It doesnt make sense, why would God make us with the ability to choose good or evil in order to allow us to receive eternal life and then punish us as soon as we make our own choices? If God existed (in the traditional sense) then the existence of evil, even in the tiniest amount, would contradict what the traditional Christian God is known as and stands for because you cannot be all-good, all-powerful and all-present if you allow evil and suffering to occur. Whilst Paleys theory attempts to explain the existence of an ordered and complex universe via his intelligent design argument many other philosophers have disagreed and came up with their own theories (Hume) which counter what Paley argued and tried to explain. Hume doesnt deny that there is a God or intelligent designer, but he discredits Paley by talking about rational thought and the problem of evil which seems to further pull apart Paleys already rather flawed argument. He also disputed the assumption that everything that exists must have a creator or a cause for existence. Primarily, Hume argued that a theory represented as a best possible explanation, such as Paleys, showed a complete lack of evidence to support it and instead raised many more questions than it answered. To conclude, I do not believe that the teleological argument proves or disproves the existence of God, I do however believe that it is a matter of perspective and personal judgement when it comes down to which side to believe/be on. Humes argument seems to me to be the more logical argument between the two, as it has less loopholes and flaws when compared to the teleological side. However, contrary to his reputation as The Great Infidel, Hume did nor categorically deny the existence of God, but argued that it cannot either be proved, nor disproved, which allows room for interpretation depending on your viewpoint.

Friday, October 25, 2019

Hacking Essay -- Technology, White Hat, Back and Grey Hat

Determine if hacking into a Web site is ever justifiable, applying your theory to a real-world case in which someone hacked into a system, including the name of the company and details. In general, hacking or more specifically cracking is not justifiable due to the negative connotations associated with the term. Hackers are generally categorized into three categories, white hat, black or grey hat (Arnone, 2005). White hats are personnel that are often employed to find holes, penetrate or exploit a security system so the company can take corrective actions. Black hats are typically associated will malicious activity (cracking) such as developing and deploying viruses, worms, theft or damaging a system. The gray hats are somewhere in between the white and the gray hats. Arnone discusses how the federal government is utilizing hackers to test their own security measures and learn how to secure their systems by understanding how hackers operate and gain entry into network systems (Arnone, 2005). The white hat hacker has proven value by showing a company where their security vulnerabilities lie. White hackers are also in demand. They are hired by consultants for many Fortune 500 companies to find external and internal weaknesses and report them in order for those holes to be closed (Wiles, 2008). There are some instances in which hacking can be justified. Hacking for National Security can be justified although controversial. The military has been using hacking techniques for decades. While not specifically tied to a computer, they have deceived the enemy using fake radio broadcasts, such as the preparations for the invasion of Normandy in World War II. The military has monitored radio conversations by eavesdro... ... constantly evolving threats and increasingly sophisticated cyber criminals, AT&T works to stay one step ahead. The company's sophisticated network monitors, probes, and algorithms to identify known or suspected viruses, worms, and other Internet attacks – often destroying them before they reach an enterprise† (AT&T, 2011). AT&T stresses individual vigilance regarding their personal account information. AT&T will never ask for any account information via e-mail or over the phone. Should you receive such inquiries, treat it as fraudulent. AT&T has alerted the cyber task force of the Federal Bureau of Investigation to provide assistance and examine our security systems to prevent a future breach. We treat this breach very serious and maintaining your trust is our highest priority and we apologize for the incontinence this security breach caused. Sincerely,

Thursday, October 24, 2019

Water for Elephants Analysis

Water for Elephants Every book has the same basic hero archetype; a protagonist that faces a problem and rises up to save the day. My book was water for elephants and the protagonist was Jacob. He is the main character of the book. He is seen through two different perspectives. He is seen as the ninety something year old in a retirement home and as a 23 year old that makes a life changing decision. The journey starts when Jacob is days away from getting his degree in veterinary science from Cornell University, Jacob learns that his mother and father have been killed in car accident.His life changes as he finds put that his parents were in dept paying his tuition bills and that the bank was going to take away his father’s practice. When Jacob realizes that he is all alone with no home he jumps a train, not knowing were its going. As it turns out that it was a circus train. And his new life begins. The chapters in the book switch through the ninety year old and 20 year old persp ective. On the circus train he meets the love of his life Marlena, a performer in the circus. The two of them share a love for animals and bond over their friendship that evolves into a relationship.The main problem is that Marlena is married with Jacobs’s boss, August. The two of them fight against their love in the beginning, but circumstances bring them together to the point where they cannot deny how much they want to be together. August is a man with a split personality. He is categorized as schizophrenic. When he is in a good mood, August is generous person giving gifts to his favorite people, making them feel appreciated and adored. But when August does not feel good about himself, he is violent. He becomes irrational and paranoid.He is alternately charming and brutal, both to the humans and animals aboard the Benzini Brothers train. He beats up Marlena throughout the book. He is also abusive towards the animals he trains, denying their emotions. At a point in the book when Jacob is tired of the abusive attitude August has, he takes Walter's knife and sneaks out of the stable car. Jacob makes his way through the train to Augusts’ room. Jacob finds August asleep and alone. Jacob wants to kill him but cannot bring himself to do so. Jacob leaves the knife on Augusts’ pillow and sneaks back to his own room.This is the moment Jake almost loses sight of who really is, but he realizes it was the wrong thing and turns away from the bitterness. August eventually gets what he deserves when Queenie, the elephant at the circus that August abuses, kills him. After having an affair with Marlena, Jacob discovers that she is pregnant. The young parents wanting to the best thing for their family try to get away. Uncle Al is another important character. Uncle Al, the violent and abusive owner of the circus, is a symbol more than a character. Al represents â€Å"misguided humanity†.He is only after power and money, he has no heart. He takes adv antage of other people’s misfortune. He is known for redlighting circus workers; having them thrown off the moving circus train in the middle of the night to avoid paying them, in which he hopes that they die or are severely injured. He is an antagonist along with August. I feel kind of bad for August he is the head animal trainer and he was abusive and deserve what he got. But he did have a mental illness he was a  paranoid schizophrenic, so I don’t think that he should be completely blamed for his actions.This fits into the hero archetype because Jacob is the protagonists. He faces protagonist like Uncle Al and August. He is alone at first and he is faced with great loss. He travels with the circus not knowing where he is headed. He stands up to August who abuses Marlena and the animals. He takes care of Jake and protects him from being redlighted when he gets sick with. He is very intelligent and this helps him throughout the book. He faces a quest to stand for wh at he believes in without losing sight of who he really is. He fights for his love and gives Marlena a home.He does the right thing by going back to Cornell to get his degree and give a better life to Marlena. He is the hero because he helps people, stands up for what he believes in and does the right thing. I liked the cyclic ending. The ninety year old Jacob finds his home, at last. He goes to see the circus that’s in town and meets with the manager Charlie. He begs him to accompany the circus by selling tickets. Charlie eventually agrees and Jacob believes he has finally come home. The best years of his life even with the downturns were at the circus where he met his wife. I think this was a peaceful ending to a great book.

Wednesday, October 23, 2019

Strategic Intent Essay

This article serves a purpose to illustrate some of the flaws that are currently used by western organizations in regards to strategic planning. In this article we see are shown the detriment of the methods in practice at the time of the article, and examples of alternative strategic approaches in use by Japanese firms which have allowed them to have sustained success. Strategic Intent and Characteristics As indicated in the article, Japanese companies â€Å"began with ambitions that were out of all proportion to their resources and capabilities†, but â€Å"created an obsession with winning at all levels of the organization and then sustained that obsession over the 10- to 20-year quest for global leadership†. Inspired by this obsession, the concept of â€Å"strategic intent† is introduced to the world of strategy. Strategic intent captures the essence of winning, is stable over time, and sets target that deserves personal effort and commitment. It comes with an ambition in the pursuit of global leadership that used to be outside the range of traditional strategic planning. By implementing strategic intent, a company can create long term objectives despite of considerable resources, whereas thinking in a traditional way, decisions should be made on the degree of fit between existing resources and current opportunities. Description The key points to this article refer to the differences in strategic approach that the Japanese firms use, in contrast to the approaches used by western organizations. Japanese firms use four main techniques when constructing their strategy: Building layers of advantage Searching for â€Å"loose bricks† Changing the terms of engagement Competing through collaboration Applications Strategic Intent is a breakthrough concept in the field of Strategic Management. It has strongly influenced how strategy is defined, and is  responsible for main changes in the functioning style of many organizations. Key ideas brought together with â€Å"strategic intent† such as â€Å"core competence† and â€Å"stretch†, have been introduced to every company. With the same amount of resources and capacity, many companies have become much more successful than they were before under the inspiration of this strategy. One example that emerges from the article is when Canon changed the terms of engagement in an effort to compete against Xerox. Xerox had created many advantages where other competing firms (most notably Kodak and IBM) were not able to directly compete against Xerox. Canon changed the terms of engagement by: standardizing their components, distributing through office supply stores instead of their own sales force, sold instead of leased, and appealed to secretaries and administrative positions within companies. All of these factors helped Canon change the terms of engagement, and not directly compete against Xerox who already held a sizable advantage. Questions and concerns In the article Making Strategic Planning Work there is reference that ineffective planning may be a result of failure to develop clear policies, where those policies would guide decision making. However, in Strategic Intent, a global executive describes how they look for competitors who operate on a portfolio system (where businesses may be sold if a certain market share is reached). Therefore, could having a strategic policy hurt decision making? Connection to Prior Thoughts In Making Strategic Planning Work, the author talks about some requisites for strategic planning. Strategic intent share the same way. It requires the management to conduct internal self-appraisal and future environment assessment to ensure the strategy is on the right track. The main reason for failure could be the same – lack of commitment for planning. In Crafting Strategy, it mentions how detecting the subtle discontinuities that may undermine a business in the future is crucial. This opinion is also shared in Strategic Intent, where it references the problem how managers operating on a 3-5 year window can cause damage as they are not looking out for the long term interest for the company. While both articles share the same  thoughts, why aren’t more companies willing to pay for those managers with several years’ experience—instead of hiring outside the company?