Global Perspectives on E-Commerce Taxation Law

Question: Talk about the Global Perspectives on E-Commerce Taxation Law. Answer: Presentation: Segment two subsections 6(1) of the Income Tax Assessment Act 1936 characterizes an inhabitant of Australia as an individual, other than an association whose house is in Australia, or who has been in Australia, consistently during more than one-portion of the time of salary (Picciotto, 2007). The area further characterizes an occupant of Australia as an individual who is a qualified representative under the Superannuation Act 1976 or is the mate or a kid under 16 years old of such an individual. Preferably, an inhabitant of Australia is a person who has a perpetual home in Australia and was available in Australia for a day in the time of pay (Basu, 2007). The individual is likewise an inhabitant of Australia the person in question has no perpetual home in Australia however was available in Australia for an aggregate of 183 days or more in the time of salary or a normal of 122 days or more in the time of income in addition to two going before years. In Henderson versus Hendersons instance of habitation, the Supreme Court thought about what was required to build up a living arrangement at law to govern this case. Here, the court set that reasonable proof was important to set up a difference in residence (Nielson, and Harris, 2010). This intrigue of Henderson versus Henderson emerges where the Madison County Chancery Court arranges the fair circulation of Henderson's property after Mary and Howard decided to separate. In first decision was held in 1994 where Mary was allowed a separation from Howard on the ground of infidelity. During this choice, she was given authority of their minor youngster, an assortment of benefits that was esteemed more than $ 350,000, and provision of $ 683 every month. Howard, then again, was granted resources lower than $ 20,000. This Court, in any case, allowed Howard's request for writ of certiorari, refering to that the chancery court neglected to characterize resources as conjugal or non-conjugal. T he chancery additionally fail to decide conjugal house. On this intrigue, the chancery partitioned the conjugal bequest similarly among Mary and Howard and held that they were not qualified for occasional provision. As indicated by this instance of Julie, she didn't have a perpetual home in Australia. Her time of salary was 2016, and she lived incidentally in Australia (Lang, 2014). Be that as it may, since she was available in Australia for 365 days, she would be viewed as an inhabitant of Australia in the time of pay. This is on the grounds that she has outperformed the rule of 183 days or more to be viewed as an occupant of Australia. This inquiry, in any case, reveals to us that we don't have to locate the brief residency rules. This leaves us with the changeless condition of residency that says that one would be viewed as an occupant of Australia in the event that he had a progressing home in Australia and was available for in any event daily in the time of pay. In view of this standard, Julie would not be viewed as an occupant of Australia, as she has no changeless home in Australia. For this situation study, just the sums that were gotten by Julie in the time of salary would be surveyed. During the year finished 30 June 2016 Julie, Julie made six exchanges. In the first place, she got a compensation from work in Canada before 31 August 2015, which was proportional to AUD$5,500. Since this sum was earned before 31 August 2015, it would not be remembered for her assessable salary (Picciotto, 2007). Second, she got a compensation paid by an organic product cultivator in Bundaberg of AUD$6,000. Since this sum was gotten in the time of salary in Bundaberg, it would be remembered for her assessable pay. Third, Julie won a $250 prize for winning the yearly watermelon-eating challenge in Bundaberg. Since this honor was earned in the time of income, it would be remembered for her assessable salary however burdened on a retention charge pace of 20%, which is conclusive. Fourth, she got enthusiasm on her Australian financial balance of $180, which ought to be remembered fo r her assessable pay as it was gotten in the time of income. Julie is required to pay a retention charge on this intrigue (Basu, 2007). Fifth, she got enthusiasm on her Canadian ledger proportional to AUD$200. This sum ought to be remembered for her assessable salary. Be that as it may, since $20 retaining charge had been deducted by the Canadian bank before crediting her record on 1 March 2016, it ought not be remembered for her assessable pay. In conclusion, Julie got $220 from the offer of overabundance dress, hiking bed and other individual things on eBay before Julie leaving Australia. This sum is charged at source, and hence it ought not be remembered for her assessable salary. Taking everything into account, Julie would be evaluated on the pay she got from the organic product cultivator in Bundaberg of AUD$6,000, the $250 prize that she won in the yearly watermelon eating challenge in Bundaberg, and the premium she got on her Australian financial balance of $180. This is on the grounds that these sums were acknowledged and gotten in the time of pay and no retention charge had been charged on the premium she got on her Australian ledger (Lang, 2014). As per the personal expense act, if pay were paid for the loss of business, the pay would be for the loss of capital resource (Reinhardt, and Steel, 2006, p.1). The personal expense appraisal act s8-1 expresses that any misfortunes that are of capital nature are not deductible. In any case, the receipts for pay would be deductible under s8-1, as they would be considered as normal salary. For this situation, Ted got $45,000 in remuneration for the lasting loss of access to the road at the back of his business premises. Since this receipt was a direct result of lasting misfortune, it would be deductible for charge purposes. In this equivalent situation, Ted was likewise repaid $15,000 for the loss of benefits brought about by the impermanent disturbance to his business. This sum would be surveyed for charge purposes as observed in Carpark v FCT (1966). Second, Ted got $50,000 for marking an agreement with a dress organization to just stock their image of defensive work apparel (Zelinsky, 2010, p.1289). He was additionally not to stock some other brand separated from the one expressed in the agreement. As indicated by re Seagate Technology, LLC, 497 F case, the proprietor of the patent was required to demonstrate the litigant acted without mulling over his real perspective and that he knew about the high probability of the encroachment of the patent. For this situation, the court decided that the Seagate test was unduly inflexible and that installment of harms was essential. Segment 284 of the annual duty evaluation act was additionally used to grant harms dependent on encroachment of the patent (Reinhardt, and Steel, 2006, p.1). The measure of $50,000 got by Ted should, in this manner, be remembered for the assessable salary for charge purposes. Third, Ted got an enormous request from a mining organization to gracefully the companys workers with garbs where he gave a receipt for $15,000 for the request on 25 June 2016. Since the sum was gotten on 15 July 2016, it ought not be remembered for the assessable salary of the time of income closes 30 June 2016 as found in subsection 25(1) of the annual expense evaluation act 1936 (Kirchler, Niemirowski, and Wearing, 2006, pp.502-517). At long last, on 28 May 2016 Ted put in a request for $45,000. The merchandise were, be that as it may, sent on 10 June 2016 and showed up at Teds shop on 5 July 2016. Since the transportation terms were FOB, Ted took possession, control, and danger of the garments once they were stacked onto the boat. The products were stacked on 10 June 2016 while the time of pay finished as at 30 June 2016. This infers the expense of the supply of $45,000 ought to be remembered for the assessable salary as installment for tax collection purposes (Handley, and Maheswaran, 2008, pp.82-94). Taking everything into account, Ted's permissible findings would incorporate the remuneration of $45,000 for the perpetual loss of access to the road at the back of his business premises, and the pay of $15,000 for the loss of benefits. They would likewise incorporate a measure of $50,000 for marking an agreement with a garments organization, and the expense of supply of $45,000. This is on the grounds that these expenses were brought about by Ted in the time of salary and they were endured to understand the available pay (Handley, and Maheswaran, 2008, pp.82-94). As indicated by SSAct segment 1075 of the personal duty evaluation act 1997; just costs legitimately identified with the common business activities would be deductible (Dai, Maydew, Shackelford, and Zhang, 2008, pp.709-742). These deductible costs would incorporate those caused while acquiring the available salary for the time of income or such consumptions fundamental for directing the business to gain the available pay. SSAct area 7(2) states that capital uses, speculations, superannuation commitments for the accomplice of the association, outdated nature and any gifts to magnanimous establishments are not unsatisfactory business derivations (Dai, Maydew, Shackelford, and Zhang, 2008, pp.709-742). For this situation study, John and Denise caused business conclusions, for example, an expense to set up the organization structure of $1,200, a plausibility investigation of $660, advance foundation charge of $1,500, and development cost of the structure of $98,000, which was acquired in 2005 by the organization that claimed that working before DDC (King, and Fullerton, 2010). The firm likewise different business finding, for example, little business premises of $450,000, a hydro shower of $900, fencing of $10,000, lawful charges of $6,000 to guard itself against the conclusion notice, veterinary expenses of $800, and a gift of $5,000 to the RSPCA. The personal duty evaluation act 1997 states that reasonable conclusions are those reasonings that are brought about on ordinary business tasks that are they are earned because of the available pay or for directing business activities to gain the available salary. John and Denise are accomplices in the DDC business (King, and Fullerton, 2 010). This implies they would be burdened on any remu

The Penalty of Death free essay sample

He references that in the days of yore, you were condemned and it was quickly done by hanging or decapitating. Despite the fact that he offers this expression, he additionally says it’s pitiless to leave a detainee holding on to bite the dust. 2) What did you gain from finishing this task? Did you experience another comprehension of the subject? Did you change your viewpoint subsequent to finishing the paper? I changed my point of view on this article subsequent to writing in the gathering for week three. I understand now that the essayist wasn’t pushing for the sentence to be done right away. Rather, his expectation was to help individuals who were condemned to capital punishment. I was for completing the sentence preceding perusing his article. 3) What troubles did you experience during the composition or altering periods of the task? I appreciate perusing my composing a couple of times to see where I required rectifications. We will compose a custom paper test on The Penalty of Death or on the other hand any comparative theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page In the past task, I expounded on my encounters with composing. I feel that I am a conventional author. 4) What did you appreciate about this task? I for one appreciate altering. I do this at my particular employment normally. Since I am a TSgt, I am liable for investigating and altering the entirety of the troop’s yearly reports. We call them EPRs. On the off chance that I needed to, I would prefer to alter than compose. 5) Which article did you looked over the Classic American Arguments area in your reading material? For what reason did you pick it? I picked â€Å"The Penalty of Death† by H. L. Mencken. I picked this article since I needed to do inquire about on the point in my Public Speaking class. I previously had a decent working information with this subject. Jeremy Weaver Dr. Nellie Haddad English 102 Feb 26, 2012 9:55 pm The Penalty of Death Critical Evaluation Essay In H. L. Mencken’s The Penalty of Death, the creator contends the different reasons of why individuals are against capital punishment. His contention to them is that it is low to keep a detainee waiting for capital punishment for a considerable length of time. Despite the fact that the creator says capital punishment has an unreasonable time allotment, it can't be done as fast as he would seek after on the grounds that there possesses to be energy for claims. During the article, Mencken depicts his contention on capital punishment. Mencken makes many valid statements during his contention. His utilization of â€Å"katharsis† is intriguing in the way that Mencken looks at it to the child putting an attach the teacher’s seat and afterward snickering about it. (Mencken 525) Why doesn’t he simply come out and state that the child was shouted at before in the day and this is the reason he put the attach the seat. This would bode well since he utilizes this term for the most part as a swap for retribution; despite the fact that he says that vengeance isn’t the correct word. He likewise clarifies that â€Å"The genuine issue with the death penalty doesn’t lie against the real elimination of the denounced, yet against our ruthless American propensity for procrastinating for such a long time. (Mencken 525) This is a strong contention. In the event that the prisoner has just been allowed the chance to bid the conviction and has not succeeded, it is time â€Å"pull the attachment. † Why would it be advisable for him to or she need to sit and sit tight for a long time or even years? Doing so would cause anybody to go insane. We should call death row the mind ward. The tone that Mencken utilizes in his contention is increasingly close to home and stubborn; utilizing what appears to look like a discussion with himself. Despite the fact that he criticizes the American procedure of capital punishment, amusingly, it appears as though he is for it.

The Flea and The Sun Rising Essay -- Literary Analysis, John Donne

The supernatural time in verse began in the seventeenth century when various artists expanded the substance of their sonnets to a progressively detailed one which researched the standards of nature and thought. John Donne was a piece of this scholarly development and he investigated the topics of adoration, demise, and religion to such a degree, that he ingrained his own convictions and speculations into his sonnets. His prior works, for example, The Flea and The Sunne Rising, show his chauvinist perspectives on ladies as he expounded more on the physical delights of being involved with ladies. Notwithstanding, John Donne shows development and adulthood in his later works, The Canonization and A Valediction: Forbidding Mourning, in which his mentality rises above to an increasingly grown up one. The substance of his prior works concentrated on seeking after ladies for his sexual wants, which stands out vigorously from his last work. John Donne’s want for physical delight dies down and he looks to increase an enthusiastic bond with ladies, as communicated in his later verse. The two sonnets The Flea and The Sunne Rising catch John Donne’s essential thought process to get in bed with ladies. Donne composed these sonnets at an early age, and around then he was looking for simply a sexual relationship. His verse portrayed obviously how chauvinist he was at that point and how he used to see ladies as a mechanism of delight. The substance of his initial sonnets express a juvenile and urgent picture of Donne, who is overwhelmed by his obsession with the exotic nature of ladies. In The Flea, Donne demonstrates his distress to have intercourse by tending to an insect that has sucked the blood of both him and the lady he is convincing. It is very ungainly how the writer utilizes this dark picture of the insect as an image of affection and sex to persuade the lady that... ...) This is one of the most significant cases that Donne makes since he in a roundabout way accepts himself and Anne into the ordinance of holy people, accordingly making them consecrated. The sonnet closes with Donne calling upon every one of the individuals who have experienced comparative reactions; this further elevates Donne as a holy person like figure. Along these lines, both of Donne’s last sonnets uncover the change that Donne procures when he meets Anne. His chauvinist disposition and perspectives rise above to an increasingly otherworldly and passionate one. John Donne’s early works saw ladies as devices for sexual joy, as found in The Flea and The Sunne Rising. He was extremely misogynist and typified ladies as sexual creatures. Be that as it may, when he meets Anne, his work turns out to be increasingly focused on the profound and passionate parts of affection. He sees Anne as an equivalent and believes his encounters with her to be increasingly sentimental in a non-arousing way.

Law Example For Free - Free Essay Example

What is law? Law, in its widest sense, means and involves a uniformity of behavior, a constancy of happenings or a cause of events, rules of action, whether in the phenomena of nature or in the ways rational human beings. In its general sense law means an order of the universe, of events, of things or actions. In simple words, Law may be referred to as a body of rules that are determined and enforced by the state and that are intended to channel behaviour and to resolve certain adverse events. Thus a legal rule might forbid littering in a park and impose a Rs 500/- fine for its violation, might impose expectation damages for violation of a contract, or might declare murder a crime and punish it with a sentence of atleast of 10 years of imprisonment.[1] The effectiveness of law enforcement depends, other things being equal, on the magnitude of sanctions and on the probability with which they are imposed for violations. The magnitude of sanctions is chosen by the state and can be as high as the wealth of violator if monetary and as a life term if imprisonment. The probability of sanctions depends on the actions of private parties who might bring the suit if the violation is civil and on effort of public enforcement agents, otherwise.[2] Keeping a practical view in mind it is necessary to look into some definitions of law. Definations of Law: According to Salmond à ¢Ã¢â€š ¬Ã…“the law may be defined as the body of the principles recognized and applied by the State in the administration of justiceà ¢Ã¢â€š ¬Ã‚ . According to Austin, à ¢Ã¢â€š ¬Ã…“A law, in the strict sense, is a general command of the sovereign individual or the sovereign body, issued to those in subjectivity and enforced by the physical power of the State. According to Austin, à ¢Ã¢â€š ¬Ã…“law is the aggregate of rules set by men as politically superior or sovereign to men as politically subjectà ¢Ã¢â€š ¬Ã‚ . According to Duguit, law is essentially and exclusively a social fact. It is in no sense a body of rules laying down rights. Foundation of law is in the essential requirements of the community life. Thus Duguits definition gives a moral dimension to law. Holmes J. says that à ¢Ã¢â€š ¬Ã…“the prophesy of what Courts will do, in fact, and nothing more pretentious, are what I mean by lawà ¢Ã¢â€š ¬Ã‚ . While Dias says, à ¢Ã¢â€š ¬Ã…“Law consists largely of à ¢Ã¢â€š ¬Ã‹Å"oughtà ¢Ã¢â€š ¬Ã¢â€ž ¢ (normative) propositions prescribing how people o ught to behave. The à ¢Ã¢â€š ¬Ã‹Å"oughtsà ¢Ã¢â€š ¬Ã¢â€ž ¢ of laws are variously dictated by social, moral, economic, political and other purposesà ¢Ã¢â€š ¬Ã‚ . Thus some definitions ascribe a moral quality to law while some donà ¢Ã¢â€š ¬Ã¢â€ž ¢t do so expressly. Thus it is necessary to look into what is morality. What is morality? Morality may be defined as Conformance to a recognized code, doctrine, or system of rules of what is right or wrong and to behave accordingly. No system of morality is accepted as universal, and the answers to the question What is morality? differ sharply from place to place, group to group, and time to time. For some it means conscious and deliberate effort in guiding ones conduct by reason based on fairness and religious beliefs. For others it is, what the majority then and there happen to like, and immorality is what they dislike.à ¢Ã¢â€š ¬Ã‚ [3] Morality may be equated with order and has as its object human actions that are ordere d to one another and to some end. The idea of value (good or end) is the crux of any moral system since the concept of value is a primary concept in the order of our practical concepts, i.e., ultimate in its genus. Hence the moral act is a combination of the subject that makes the act (rational and free act) and the object that is intended (objective goods and values that result from this activity); objectively the moral act is made up of three elements-the object, the end and the circumstance. Therefore rational human nature is the norm of morality, and morality is the transformation of a known order of values. To put it quite succinctly, morality is nothing more than conformity with the rule which regulates human life: namely, the rule of reason. Thus the essence of morality is mans approach to his goal; mans particular goal is the perfection of his spiritual and moral nature and his ultimate goal is union with God.[4] In general a moral rule has it that, when a person obeys th e rule, he will tend to feel the sentiment known as virtue, and if he disobeys the rule he will feel the sentiment known as guilt. A moral rule also has the property that, when a person obeys a rule and is observed to have done so by another party, that party may bestow praise on the first party who will enjoy the praise; and if the person disobeys the rule and is observed to have done so by another party, the second party will tend to disapprove the first party, who will dislike the disapproval.[5] Enforcement of moral rules comes about through internal incentives of virtue for obeying the rules and guilt for not doing so. Enforcement is also effected by external incentives, such as if a person believes that his conduct will be observed by others, who will reward him with praise for doing good or chastise him for not doing so, he will be lead to do good.[6] The effectiveness of enforcement of moral rules depends in part on the magnitude of moral incentives, i.e. on how much g uilt and virtue, and admonition and praise, matter to individuals. The degree to which they matter is shaped by, and determined hand in hand with, socialization and inculcation that governs the absorption of rules themselves. In any case moral sanctions have definite limits. The effectiveness of moral incentives also depends on their likelihood of application, in respect to which one must distinguish the internal from the external moral incentives. The internal incentives of guilt and virtue function automatically for a person knows what he does and cannot hide from it. By contrast external incentives operate only if others observe conduct and respond with praise or disapproval.[7] Thus, with a basic idea of morality being presented, it is necessary to look into the relation between law and morality. A COMPARISION OF LAW AND MORALITY Law brings with itself some reflections of public morality, but can law be separated from morality? The relation between law and morality c an beb understood only after looking at the views of Hart, Fuller and Benthem. Broadly there are two schools, the positivist, which feels that law and morality can be separated and the naturalist which feels the the two are inseperable. Gustav Radbruch, a Jew by birth lived in Germany prior to Second World War. He was a firm believer in à ¢Ã¢â€š ¬Ã…“positivistà ¢Ã¢â€š ¬Ã‚  doctrine. After seeing the atrocities perpetrated by Nazi regime on the Jews under Nazi laws he changed his belief and became a staunch supporter of Natural Law Theory and exhorted everybody to discard the doctrine of the separation of law and morals.[8] This was also a provocation for Prof Hart to initiate this discourse. The conflicts faced by the German jurists in post war Germany, is well illustrated by a category of cases which may be called à ¢Ã¢â€š ¬Ã…“informer casesà ¢Ã¢â€š ¬Ã‚ .[9] One such case is discussed by both Prof Hart and Prof Fuller. The case is as under [10] In 1944 a German sold ier came home from far front for a short visit. In his conversation with his wife he criticized the Hitler government and Nazi Party. He even expressed his dismay that the man who attempted to assassinate Hitler did not succeed. During his long absence there were other men in her life and hence she was keen to get rid of her husband. After his departure to war front the wife reported his remarks to the local leader of the Nazi party. The husband was tried by a military tribunal and sentenced to death. However he was not executed. After a short period of imprisonment, he was sent to the front again. After the collapse of the Nazi regime, a case was initiated against for illegally depriving the husband of his freedom. After the collapse of the Nazi regime, the wife was brought to trial for having procured unlawfully the imprisonment of her husband. The wifeà ¢Ã¢â€š ¬Ã¢â€ž ¢s defense was that she was required to furnish such information to the authorities under the Nazi statutes an d she did not commit any crime. The court of appeal which decided the case held that the statute under which the wife was claiming protection was contrary to the sound conscience and sense of justice of all decent human beings.[11] Hence it was reasoned that she could not be given protection under such statute. This reasoning became a precedent in many other informer cases. This reasoning was followed in many cases which have been hailed as a triumph of the doctrines of natural law and as signaling the overthrow of positivism.[12] According to Prof Hart there were only two options: a) to let the woman go free because the statute protected her; b) to make a retrospective legislation repealing the statute under which she claimed protection.[13] Because retrospective legislation is anathema in most criminal justice system the woman should have been allowed to go free if integrity of judicial principles was to be preserved. Prof Hart considers it a cardinal mistake of the Court of Ap peal to introduce the concept of morality of the law, under which she was claiming protection, to say that law was no law at all. Professor Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s views Prof Hart believes in the theories of law as put forward by jurists like Bentham and Austin. These jurists propounded utilitarian theory of law. Bentham and Austin, constantly insisted on the need to distinguish, firmly and with the maximum of clarity, law as it is from law as it ought to be.[14] Austin formulated the doctrine: The existence of law is one thing; its merit or demerit is another.[15] A judge deciding a case should go by law as it is. Prof. Hart points out that all cases may not fall exactly within the law as it is which he calls the à ¢Ã¢â€š ¬Ã‹Å"coreà ¢Ã¢â€š ¬Ã¢â€ž ¢. There will be cases in the penumbra of law. Hartà ¢Ã¢â€š ¬Ã¢â€ž ¢s view is that morals can be an influential factor in deciding cases in the penumbra. Bentham criticized Natural Law theory on the ground that à ¢Ã¢â€š ¬Ã… “the natural tendency of such a doctrine is to impel a man, by the force of conscience, to rise up in arms against any law whatever that he happens not to likeà ¢Ã¢â€š ¬Ã‚ .[16] Bentham also feared that under natural law theory courts might be legally bound to decide in accordance with what they thought just or best.[17] Such an approach can lead to all round confusion. Prof Hart presents the discussion of separation of law and morals as a problem of separating à ¢Ã¢â€š ¬Ã…“law as it isà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“law as it ought to beà ¢Ã¢â€š ¬Ã‚ . He criticizes natural law thinkers for ignoring this difference. à ¢Ã¢â€š ¬Ã…“Prof Hart identifies the essentials of positivism as the following:[18] (i) The contention that laws are commands of human beings, (ii) The contention that there is no necessary connection between law and morals or law as it is and ought to be (iii) A legal system is a à ¢Ã¢â€š ¬Ã…“closed logical systemà ¢Ã¢â€š ¬Ã‚  in whi ch correct legal decisions can be deduced by logical means from predetermined legal rules without reference to social aims, policies, moral standards, Prof Hart also deals with the issue lack of precision in the words used in any human language and the role of this factor in judicial interpretation. While applying legal rules to the facts of a case it become necessary quite often to decide the meaning of the words in a statute and to decide whether the words used covers the facts to be decided. Sometime à ¢Ã¢â€š ¬Ã…“standard instancesà ¢Ã¢â€š ¬Ã‚  of the words may not be sufficient to give proper effect to the law. Prof Hart calls these as à ¢Ã¢â€š ¬Ã…“problems of the penumbraà ¢Ã¢â€š ¬Ã‚ .[19] Problems of penumbra cannot be solved by logical deduction. The criterion which makes a decision sound in such cases is some concept of what the law ought to be.[20] This is where a moral judgment is made about what law ought to be. This is called by Prof. Hart as necessary à ¢Ã¢â€š ¬Ã…“intersection between law and moralsà ¢Ã¢â€š ¬Ã‚ .[21] Prof Fullerà ¢Ã¢â€š ¬Ã¢â€ž ¢s views: Fuller on the other hand believes in the Natural Theory of Law and the moral foundations of a legal order. So for him law should always conform to the idea of Godà ¢Ã¢â€š ¬Ã¢â€ž ¢s justice. He emphasizes the view point that fidelity to law can be achieved only if law is consistent with morals at all stages that is during its making and during its application by the court whether the case is in the core or the penumbra of law. The primary concern of Prof Hart is to preserve the integrity of the concept of law.[22] For Prof Fuller fidelity to law is of utmost importance. He argues that there will be fidelity to law only if laws are consistent with moral values of the people who have to follow law. People comply with law only if they are convinced that the law is for common good. That is to say for achieving fidelity to law, Law should have moral foundations. The Balance The conflict between law and morals came to sharp focus in the predicament faced by the German Court after the collapse of the Nazi Regime. It was not possible to declare all the laws made by the Nazi regime and actions of citizens in conformity with such laws to be illegal. This would have resulted in total destabilization of the society. On the other hand some of the laws made by Nazi regime was so repulsive to human morals that there was a need for disapproving actions taken in conformity with such wicked laws. There was also a need to send a message that the new regime does not approve all the wicked laws of the Nazi regime Thus on the one hand, there was a moral duty to obey law. On the other hand, there was a moral duty to do what people thought (after the war) was right and decent. The fundamental postulate of positivism that law must be strictly severed from morality seems to deny the possibility of any bridge between the obligation to obey law and other moral obligations.[23] Thus the German Courts faced a serious dilemma in restoring both respect for law and respect for justice. Essentially Radbruch saw the dilemma as that of meeting the demands of order, on the one hand, and those of good order, on the other.[24] Order by itself is no good unless it serves some purpose for the society. So we should not get obsessed with just order. At the same time in the process of seeking good order we should lose order itself leading to anarchy. As we seek to make our order good, we can remind ourselves that justice itself is impossible without order, and that we must not lose order itself in the attempt to make it good.[25] Thus we must strive for a balance. Homosexuality: à ¢Ã¢â€š ¬Ã…“God created Adam and Eve, not Adam and Steveà ¢Ã¢â€š ¬Ã‚ [26] This quote summarises the attitude of morality developed along the lines of religion with regard to homosexuality. The Church has always condemned the practice of homosexuality vehemently. T he Bible preaches that a man may not lie with a man in a way he lies with a woman.[27] Unlike the West, the Hindu society does not have the concept of sexual orientation that classifies males on the basis of who they desire. However, there is a strong, ancient concept of third gender, which is for individuals who have strong elements of both male and female in them. Sexuality between men (as distinct from third genders) has nevertheless thrived, mostly unspoken, informally, within mens spaces, without being seen as different in the way its seen in the West. [28] In India homosexuality was criminalized in 1861 by the Britishers through Section 377 of the India Penal Code. It criminalized carnal intercourse. Contemporary to the global movements for giving rights to the homosexuals, the Indian movement has also been running. In 2009 it got a huge success when the High Court of Delhi in Naz Foundation v. Govt. of NCT Delhi ruled the Section 377 of IPC as unconstitutional and th us decriminalized homosexuality. But in 2013 the Supreme Court of India overruled the judgement of the High Court of Delhi and recriminalized homosexuality. In the modern Indian society those opposing homosexuality argue that it is against morality and Indian culture. However if one delves into history one would easily find out that this homophobia was part of a more generalized attack on Indian sexual mores and practices undertaken by British missionaries as well as educators. It is evident not only in the anti-sodomy law introduced by the British in the Indian Penal Code of 1860 but also in the deliberate heterosexualization of entire literary canons and genres. This is one reason why modern institutions such as the police force, and educational as well as religious organizations today typically respond to same-sex unions with horror and even violence.[29] Thus, a slow and gradual change in morals lead to an inherent opposition among a large of population against homosexu ality. This subsequently impacted the law as well. These acts of consensual homosexuality, which was once recognized as acceptable in the society thus became totally unacceptable. The major argument against the validity of Section 377 of the IPC in the Naz Foundation cases was that it violated right to life under Article 21, since the acts were consensual acts. Thus it was argued that since this rule violated a constitutional law which are part of the very basic laws of the land, the section should be declared void. However, on the other hand inspite of the fact that Section 377 of IPC is not contained in the chapter of offences against morality and is instead contained in the chapter on offences against body it was argued that these acts violated morality. Finally Section 377 was declared to be valid by the Supreme Court. Thus it is quite clear morality influenced the law against homosexuality. [1] Steven Shavell, Law versus Morality as Regulators of Conduct, 4 American Law Economic Review at 229. [2] Ibid. [3] Morality, Business Dictionary, https://www.businessdictionary.com/definition/morality.html#ixzz3ViKuh0pt , Accessed On 18th March, 2015. [4] Jurisprudence Law and Morality, Marquette Law Review, 1953, Vol 36, 319. [5] Steven Shavell, Law versus Morality as Regulators of Conduct, 4 American Law Economic Review at 230. [6] Ibid. [7] Supra note 5 at 232. [8] H.L.A. Hart, Positivism and the Separation of Law and Morals, 71 Harvard.Law.Review, 616 (1958) [9] Lon L. Fuller, Positivism and Fidelity to Law -A Reply to Professor Hart, 71 Harvarad Law Review, 658 (1958) [10] Supra note 8 at 618-619. [11] Supra note 8 at 619. [12] Ibid [13] Ibid [14] Supra note 8 at 594. [15] Id at 596. [16] Ibid.; See also BENTHAM. , A COMMENT ON THE COMMENTAR1ES 49 (1928) [17] Id. At 599. [18] Supra note 8 at 601-602. [19] Id. At 607. [20] Supra note 8 at 608. [21] Ibid. [22] Supra note 9 at 635. [23] Supra note 9 at 656. [24] Supra note 9 at 657. [25] Ibid. [26] Victoria Clarke, What about the children? arguments against lesbian and gay parenting,Womens Studies International Forums, 555-570 (2001) [27] Tennessee Nashville, The Book of Discipline of The United Methodist Church 161G (The United Methodist Publishing House 2010). [28] S Asthana and R. Oostvogels , The social construction of male homosexuality in India, February 15th 2014, https://linkinghub.elsevier.com/retrieve/pii/S0277953600001672 [29] Ruth Vanita, Same-sex wedings, Hindu traditions and modern India, Feminist Review, No. 91, pp. 47-60, (2009)

Animal Testing Is Cruel And Inhumane - 1229 Words

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About 95% of animals are no tRead MoreHuman Testing : The Dangers Of Animal Testing944 Words   |  4 PagesAnimal testing is used to see the effects of products before the products are put up for human consumption. With this testing, thousands and thousands of animals are kept in cages and subjected to pain and isolation every year. Even though these animals endure this extreme pain for the safety of humans, results are rarely the same in animals as they are in humans. Even though animal testing is deemed as bad science, people say that every major medical advance is because of animal testing. This isRead MoreAnimal Testing Should Be Banned1613 Words   |  7 Pagesover seventy million animals are hurt and killed due to scientific research. Many brands have taken the pledge to become cruelty free, but there are still multiple brands that are continuing to use animals to test their products. 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SK-II, Japan - 1844 Words

PG Japan: The SK-II Globalization Project (Harvard Business School case) Case Summary In â€Å"PG Japan: The SK-II Globalization Project† case study, the author Christopher Bartlett presents the PG’s plan of pushing SK-II as a global beauty product. In late 1999, Paolo de Cesare, President of Max Factor Japan, had given an idea to the Global Leader Team (GLT) of PG’s Beauty Care Global Business Unit (GBU) that whether it was a good idea for pushing SK-II to become a global PG brand. Since the product was successful in Japan ($150 million in sales in 1999), PG then was considering in expanding its SK-II to be distributed worldwide. There was also an effort of the Global Growth strategy of PG at that time as an influence factor to†¦show more content†¦PG need to work hard and do more research and development in order to produce higher quality, more innovative, and more unique in products in order to answer consumer’s need and compete with those major world brand competitors. 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American Revolutionary War Essay Example For Students

American Revolutionary War Essay American Revolutionary War Essay Were the Colonists Justified in Their Rebellion against England? Did They Have an Adequate Cause for Revolution? Starting after the termination of the Seven-Years war, by the Peace of Paris, England repeatedly violated the American Colonists rights. A series of events, happening between 1763(ending of the Seven-Years war) and 1775 (starting of the revolution), could be taken as motives for the Americans revolution. The Americans claimed that through both, the Sugar Act (1764) and the Stamp Act (1765), the British dishonored their rights to taxation. The Townshend Acts also infuriated the Americans, and as in all other circumstances, they were willing to fight for their rights. The final justification for the Revolution came from the Coercive Acts. On the other hand as you go down the ranks of the British military the ability of the soldiers got better. The infantry and cavalry was the best trained and finely tuned organizations of military in the world at that time. This was a terrific advantage when they actually got into traditional battles with the Americans poorly trained and inexperienced fighters. On the American side of the fighting things werent much better. American leadership was mostly self-taught generals who were desperately inexperienced and un-skilled, but knew how to motivate their soldiers to fight for their freedom and their country. This type of inspirational leadership allowed generals like Mad Anthony Wayne to impact the war in such a manner that won it for the Americans. Although out numbered and out skilled the Americans had the environment on their side. They profited from having the advantage of being the host of the war on the defensive. They could have faster and more abundant supplies and resources from the surrounding land. They were more familiar with the territory, and more effective in a guerilla type of strike and retreat warfare. These types of tactics, combined with the surroundings and intense magnetic leadership of Generals George Washington, Anthony Wayne, and Benedict Arnold, and foreign assistance from the skilled and knowledgeable French, Pol es and Prussian leaders, eventually won the war for the Americans. Bibliography: