Respond post - Essay Example Safety remains essential aspect in engineering. A company is trying to cut its production cost while comprising the safety of the user is a huge mistake, especially automobile company. The life of the driver of a vehicle is dependent on the efficiency the vehicle when the safety of the driver is not put into consideration while manufacturing the car, and it exposes the driver to any risk. Competing in a market where profit is incurred in cost reduction have result companies like GM not recall faulty cars in order to protect their market share from dropping.This method should not be the best when the business products involve human safety. There should be measure that control business operating in product that risk to human beings The business that is leaving the market due financial loss that lead them been bankrupt is questioning that has no answer. Many of these instances occur due to poor management. The business has failed in providing quality products. This obligation is neglected in search of financial gain. Customers are making their decision on purchases based on the value and quality. If a business fail to meet the demand, it is likely to have a drastic reduction in its sale. Business should put quality as a core of its operation to survive the dynamic
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12/27/2019 0 Comments The Legal Definition Of CrimeThe Legal Definition Of Crime Explain how crime can be considered as a social construction and contrast this with legal definition of crime. Our nation, from the start, has been divided by class, race, national origin and has endured class conflicts throughout history (Zinn as cited in Welch, 2009). The purpose of this essay is to show that crime is constructed socially rather than individually. In order to do so, I will focus on describing how crime can be viewed as a product of social construction, explaining different factors contributing to the way people perceive particular behaviour as criminal as well as contrasting concept of crime being socially constructed with its legal definition. After discussing theories created by Howard Becker and Karl Marx , it will conclude that criminal behaviour and its consequences are indeed socially constructed. Reaching consensus over an appropriate term defining crime has undoubtedly been challenging for criminologists as there are no purely objective definitions; all definitions are value laden and biased to some degree (Barak, 1998, p.21). Hence, it is not an easy way to give an exact definition to something so diverse. However, the legal definition of crime suggested by Tappan (1947) is agreed by many to be the most precise and clear so far. It states that Crime is an intentional act in violation of the criminal law (statutory and case law), committed without defence or excuse, and penalized by the state as a felony or demeanour. Although, it has also met with criticism from others who believe that it is too narrow definition (Milovanovic, D.). Only harms defined as such by state are considered in Tappans theory which is also limited to those crimes legally guilty (Milovanovic, D.). It is also vital to mark that legal definition of crime not only excludes white collar crime but also fails to acknowledge cultural and historical context of law, such as on gambling and prostitution that may be different depending on state or nation (Henry, S. 200). Essentially an act becomes a crime when it breaks the law established by the government of particular society. Of course what accounts as crime varies depending on different cultures, laws and religions, although there are three main elements determining crime which remain consistent: harm, social agreement and their reaction. The way society responses to the particular harmful behaviour may differ depending upon the society. For example, theft conducted in UK may result in getting a warning or minor sentence, whereas in Muslim societies the same person would have his hand cut off for such an offence. Looking also from historical perspective, attitudes towards certain acts considered then as criminal have also changed as many of those are no longer viewed as crimes. Therefore it is clear that the definition of crime has undoubtedly gone through changes and most probably will continue to change. The main aspect which legal definition of crime seems failing to consider is that some behaviours are considered as crimes whilst others not. This brings us to the social construction of crime, an idea created and essentially developed by society in terms of held perceptions, morals, beliefs and values of individuals living within it. These shape the way we are such as personality, character and our roles within the society. As people are measure beings, they often judge themselves and people around them. The concept of social construction sees criminal behaviour as a mutual interpersonal activity involving actors and audiences (Henry,S.2009). Therefore, the way someone is identified and located within a scope of the society has significant consequences for the way we act towards others (Becker, 1963). Societies define crime by their own norms, believes and rules. Whereas rules, which govern everywhere, determine as well correct and incorrect behaviours within the society. „Criminal law often mirrors a fairly extensive point that particular behaviour violates some social standards and values (murder, rubbery, etc.). However, actions considered as criminal may vary depending on different cultures, laws or religions. In short, crime is what particular society chooses it to be. Furthermore, crime is a fundamental part of deviance, theory suggested by Howard Becker. Deviance is not a quality of the act a person commits, but rather the consequence of the application by others of rules and sanctions to an offender'(Becker, 1963). It is not only a result of humans actions but also depends on the audience judging particular behaviour as negative or positive. Becker argued that deviance can be defined as a kind of behaviour which differs from the normal, rule-breaking behaviour that is unacceptable in society and depends on what people see as unacceptable. In such situation where society labelled particular person as a deviant, it often results in isolation of this person who eventually finds the only way to survive through involving in criminal activity. Most importantly, crime often arises where the obvious segregation of the rich and poor occurs. Karl Marx, on the other hand, suggested that class struggles are underlying problems in societies where the basis of power is wealth and which as a result leads to injustice and inequality. Sheptycki (2006) says that the roots of crime lie in the social structural inequalities of wealth and power. This viewpoint perceives capitalist societies as ones which choose individual interest over social welfare. Therefore, from the social constructionist point of view, crime is a behaviour defined by powerful and privileged people with authority to make laws that recognise some acts as offensive. Once more, regarding Becker, powerless people, no matter how bad the damage they done could be, they are likely to be arrested and judged. People who hold more power create then some kinds of illusions that people at the lower levels of social hierarchy (measured on the basis of their income, education degree or even race)- are seen as dangerous to the society. It not only creates place where people are dependent on state but also discriminates people one way or another. Government, could also be an example here. It defines what crime is by choosing to outlaw some particular act. For instance, the issue with drugs which government made illegal. Money tracking laws or tax evasion fall into different category, which relates to government who creates crime for their own interests. This suggests that crimes are created by lawmakers who limit citizens freedom on the ground of their own moral standards. Taking into account all of the aforementioned factors, we can conclude that crime has inevitably been a product of social construction. Notwhistanding the fact that crime is a complex and diverse concept without one, accepted definition, what accounts as criminal varies depending on cultures, laws and religions which proves that crime is a product of social sonctruction. Definitions of crime are constructed by both cultural norms and values as well as power relations. In adition to that we socially shape the meanings of behaviours and their consequences.
INTERNATIONAL CONTRACTS ( INTERNATIONAL TRADE LAW) - Essay Example
is put at 6% works out to a staggering figure of the US$ 420 million per year3 A bulk of this amount represents cost of using the documentary letter of credit. About 30 % of the import trade of the U.S. is paid through this letter of credit mode.4 The percentage of six as the transaction cost is not a small amount. Major portion of this cost is attributed to the return or refusal of the bankers involved at various stages of the routing of the documents from the importing end to the exporting end for reasons of accompanying documents not complying with the descriptions stipulated in the governing letters of credit. Although the ICC 5 sponsored UCP 5006 of 1993 governing the handling of the letter of credit during the course of transactions between the importers and exporters has recently been simplified by the UCP 600 7 in 2007 for hassle free transactions, it is still inadequate to keep pace with the fast paced transactions in the wake of electronic commerce that has emerged during the last few decades. This paper seeks to highlight the various legal barriers that parties involved have to face in the documentation of the international trade, different modes of payments in practice including the documentary letter of credit and justify the need for a more favourable climate for documentation which can be more aptly called as negotiation of documents for collection of payments for goods and services supplied in the course of international trade. This is the predominant type of mode of payment for international transactions for goods and services which the UCP 600 (formerly UCP 500) is entirely devoted to. The payment is collected through the party usually a bank or two corresponding banks trusted by the buyer and seller. The buyer’s bank is the issuing bank and the seller’s bank is the confirming bank. Since the buyer and seller come from different legal jurisdictions banks are invariably different enjoying the confidence of the respective sides i.e the buyer Push, Pull or Drag in....Another Misleading TV Commercial
Have you ever been watching TV and seen a car commercial that says, “ Come on down to your local Ford Automotive, and you can get a car of your choice for just $129 a month (Spitzer, 2003).†Some have even used lines like, “Do whatever you have to do push, pull or drag your car in, and drive away in a brand new car†(Spitzer, 2003). The commercial may never stop to give you the details of the qualification requirements for the cars. So making those push or pull journeys to the dealer ends up costing you more money than you expected. This type of TV commercial can be confusing to many consumers, and end up misleading the consumer into a deal they did not expect. The Attorney General and the Department of Motor Vehicles of several States are now putting auto dealers on notice. In the states of New York and Nevada they are warning them: “Your advertisements had better be accurate†(Knapp, Eyewitness News, 2004). Studies from the Attorney General of New York Eliot Spitzer, gives many consumer tips to finding misleading advertisements. “Push, Pull, and Drag it in, Guaranteed Trade-in $3,000!†This is a ploy slogan that really confuses consumers, especially college students. In reality, the dealers cannot pay money for a trade in no matter how much it is actually worth. The dealers can only put that hypothetical “trade-in money†toward the purchase of another car. “Dealers often raise the prices of the cars on their lots prior to this sale†(Spitzer, 2003). So in the end, you are really not getting much of a bargain. When watching a car commercial, look for the details in getting this new car for your “push or pull,†there should be a description of how much money must be put down at the time of the trade. If this is not being done, you can report the violating car dealer to your state attorney general’s office. Another misleading portion of car commercials is the financial explanation is: “$49 down or $0 down with no interest for 6 months†(Spitzer, 2003). Sounds great doesn’t it? Well, this is where many college students are tricked because they never tell you about the tax, title, and registration fees that are included at the time of your purchase. Push, Pull or Drag in....Another Misleading TV Commercial :: Essays Papers Push, Pull or Drag in....Another Misleading TV Commercial Have you ever been watching TV and seen a car commercial that says, “ Come on down to your local Ford Automotive, and you can get a car of your choice for just $129 a month (Spitzer, 2003).†Some have even used lines like, “Do whatever you have to do push, pull or drag your car in, and drive away in a brand new car†(Spitzer, 2003). The commercial may never stop to give you the details of the qualification requirements for the cars. So making those push or pull journeys to the dealer ends up costing you more money than you expected. This type of TV commercial can be confusing to many consumers, and end up misleading the consumer into a deal they did not expect. The Attorney General and the Department of Motor Vehicles of several States are now putting auto dealers on notice. In the states of New York and Nevada they are warning them: “Your advertisements had better be accurate†(Knapp, Eyewitness News, 2004). Studies from the Attorney General of New York Eliot Spitzer, gives many consumer tips to finding misleading advertisements. “Push, Pull, and Drag it in, Guaranteed Trade-in $3,000!†This is a ploy slogan that really confuses consumers, especially college students. In reality, the dealers cannot pay money for a trade in no matter how much it is actually worth. The dealers can only put that hypothetical “trade-in money†toward the purchase of another car. “Dealers often raise the prices of the cars on their lots prior to this sale†(Spitzer, 2003). So in the end, you are really not getting much of a bargain. When watching a car commercial, look for the details in getting this new car for your “push or pull,†there should be a description of how much money must be put down at the time of the trade. If this is not being done, you can report the violating car dealer to your state attorney general’s office. Another misleading portion of car commercials is the financial explanation is: “$49 down or $0 down with no interest for 6 months†(Spitzer, 2003). Sounds great doesn’t it? Well, this is where many college students are tricked because they never tell you about the tax, title, and registration fees that are included at the time of your purchase. |