Laws of Blasphemy and Human Rights Is there a modern connection Essay

Laws of Blasphemy and Human Rights Is there a modern connection - Essay Example At a point when legal developments have come to focus on the excitement created by renewed controversy, the social and cultural significance of the offence and the legal strategies have been questioned. In the course of this paper, I have attempted to examine the law of blasphemy in uncertainties surrounding the impact of secularization and cultural pluralism, which invest it with considerable symbolic consequence. This brings to the fore the recent revival of blasphemy laws through an assessment of the paradoxical nature of its effects, with particular emphasis on those difficulties that have been posed for liberalism as a political philosophy that tries to steer through an era of plurality and harmonious co - existence. In this way, the significance of blasphemy is related to the question of the status of religion in contemporary western societies in context of the appropriate response of the legal machinery of various countries, as well as the conflict that exists between the desire to rationalize the offence and the desire to equalize the protection it affords. Further, in recent times, there have been numerous accounts of the parameters of the law which has sparked a critical analysis of its relationship to laws dealing with the adjacent areas of sedition, obscenity, outrage to public decency and offences against public order. Therefore, dissension over the future of the blasphemy law arises at the intersection of a cluster of intractable debates which have rendered the topic as extremely sensitive and hard to judge. It is now imperative to chart a brief history and evolution of blasphemy to understand the journey of its evolution and how it has come about to be associated with Human Rights in the present day. Having originally been a part of canon law, in the 17th century the offence of blasphemy was declared a common law offence by the Court of King's Bench, punishable by the common law courts. From the 16th century to the mid-19th century, blasphemy against Christianity was held as an offence against common law, apart from being used a legal instrument to persecute atheists, Unitarians, and others. All contumelious reproaches of Jesus Christ, all profane scoffing at the Holy Scriptures, and exposing any part thereof to contempt or ridicule, and finally all blasphemies against God, including denying His being or providence, were punishable by the temporal courts with fine, imprisonment, and corporal punishment. In 1656, the Quaker James Naylor suffered flogging, branding and the piercing of his tongue by a red-hot poker. An act of Edward VI (repealed 1553 and revived 1558) set a punishment of imprisonment for reviling the sacrament of the Last Supper. Further, it was in the 1676 case of Rex v Taylor, when the Lord Chief Justice Sir Matthew Hale stated that "Such kinds of blasphemous words were not only an offence to God and religion, but a crime against the laws, State and Government, and therefore punishable in that Court.... Christianity is parcel of the laws of England and therefore to reproach the Christian religion is to speak in subversion of the law." (www.google.com) Those denying the Trinity were deprived of the benefit of the Act of Toleration by an act of 1688. Commonly called the Blasphemy Act, an act of 1697-1698, stated that if any person, educated in or having

The Use of Force Essay Example | Topics and Well Written Essays - 750 words

The Use of Force - Essay Example The story was simple and straightforward in narrative discourse which proffered the scenario between a doctor, the narrator, and a child, Mathilda Olson, who was being diagnosed for possible affliction of diphtheria. The setting was in the Olson’s house, where the doctor was initially ushered by the mother who eventually led him to the kitchen, where the father was holding the child and was apparently sitting on the father’s lap. The two items being compared in the essay is the doctor (the narrator or the healer) and the child (the person being healed). The current essay aims to provide a comparative analysis using relevant literary elements from the characters, theme, perspectives and points of views evaluated from the short story. The first point of comparison is the physical traits or characteristics of the items being compared. There is initially disparity in gender: the doctor was described as male and the child was female. Although no name was provided for the doc tor, the statements that gave way to his gender was the mother’s statements as she was talking to the child: â€Å"Such a nice man, put in the mother. Look how kind he is to you. Come on, do what he tells you to. He won't hurt you† (Williams, 2012, par. 15). The child’s gender was clearly identified by the doctor in the fourth paragraph when he vividly described her physical traits and characteristics; using adjectives such as: â€Å"her cold, steady eyes, and no expression to her face whatever. She did not move and seemed, inwardly, quiet; an unusually attractive little thing, and as strong as a heifer in appearance. But her face was flushed, she was breathing rapidly, and I realized that she had a high fever. She had magnificent blonde hair† (Williams, 2012, par. 4). Aside from gender as a point of comparison, the stature of the two is also anti-thetical. The doctor, by virtue of his profession, exudes professionalism and expertise on the most appropria te course of action for the situation. This is the reason why he was called by the Olsons in the first place. On the other hand, the child was

The Definition And Essence Of F O B Contract

The Definition And Essence Of F O B Contract A seller f.o.b. performs his obligation by putting the goods which conform to the contract onboard the ship at his expense. The general rule in f.o.b. contracts is that risk passes on shipment and according to the traditional view, this is made when the goods cross the ships rail. Moreover, there are various types of f.o.b. contract, and for the sake convenience, they have been grouped under three major headings which depend on the intention of parties as decided by the terms of contract and the surrounding circumstances. It is in the first place directed exclusively to the elaboration of the first of the two basic features of the f.o.b. contract mentioned earlier, namely, to the division of costs and responsibilities which putting goods free on board may actually entail in various instances. For this reason they have been termed respectively the strict or classic f.o.b. contract, the f.o.b. contract with additional services and the f.o.b. contract (buyer contracting with carrier). The definition of F.O.B. It is difficult to define a FOB contract because there are many different variants: Devlin J.  [1]  explains the FOB contract as a flexible instrument. The main obligations of the parties to an FOB contract were described judicially in Wimble, Sons and Co v Rosenberg.  [2]  The seller must put on board ship goods which conform to the contract a must pay all charges in connection with loading. The seller is not obliged to book shipping space in advance; the buyer must nominate the ship to carry the goods and notify the seller of the nomination in time to allow the seller to deliver the goods on board. The costs of carriage are for the buyers account. The essence of F.O.B. Contract It is not easy to state in general terms the duties of an f.o.b. seller, for the obvious reason that they vary according to the type of f.o.b. contract in question. A further difficulty in discussing the duties of the seller results from the fact that shipment under an f.o.b. contract is in many respects a collaborative enterprise, involving co-operation between buyer and seller. It can, however, be said that the principal duties normally undertaken by an f.o.b. seller are to put goods which conform with the contract on board the ship in accordance with the shipping instructions (if any) received from the buyer, and the buyer are to bear the expense of doing so. Additional duties may, of course, be undertaken in the contract.  [3]   When looking at the various judicial pronouncements that have attempted to define the f.o.b. term, one statement may be struck by the general term in which they are implicit. One of the earliest is probably Stock v Inglis  [4]  a case dealt with specific goods, where it was stated: If the goods dealt with by the contract were specific goods, it is not denied but that the words free on board, according to the general understanding of merchants, would mean more than merely that the shipper was to put them on board at his expense; they would mean that he was to put them on board at his expense on account of the person for whom they were shipped; and in that case the goods so put on board under a contract would be at the risk of the buyer whether they were lost or not on the voyage. Now that is the meaning of those words free on board in a contract with regard to specific goods, and in that case the goods are that the purchasers risk, even though the payment is not to be made on the delivery of the goods on board, but at some other time, and although the bill of lading is sent forward by the seller with documents attached, in order that the goods shall not be finally delivered to the purchaser until he has accepted the bills or paid cash.  [5]   Almost a century later Lord C.J. similarly stated in J. Raymond Wilson Co. Ltd. v. N. Scratchard Ltd.  [6]  that the f.o.b. term has: For a long time, certainly more than one hundred years, had a well-known meaning, and if a party sells goods free on board, the meaning is that he has to put the goods on board and to pay the expense of doing so, and delivery is made and the goods are at the risk of the buyer when they are on board, the expense having been paid by the seller.  [7]   Looking in both these judgments, there are two characteristics of the f.o.b. terms, which can be summarized as follows: â‚ ¬Ã‚  the seller must pay the cost and bear the responsibility of putting goods free on board , in other words, bear the full liability for the cost and safety of the goods until the point of their passing the ships rail, and that upon this being accomplished delivery is complete and the risk of loss in the goods is there and then transferred to the buyer.  [8]   However, the above cited definitions are only directed to the essential features of the f.o.b. term. They do not include an extensive or detailed examination of a variety of marginal responsibilities of which many have been the subject of dispute and even litigation between parties to f.o.b. sales. For example, they do not indicate whether an obligation, monetary or other, which relates to the shipment of the goods, that must be complied with before the goods can in fact be loaded, is for the buyers or for the sellers account.  [9]  In the absence of express contractual stipulations, judicial interpretations have had to rely on usage or custom and by implication attempt to ascertain what the intention of the parties with respect to performance must have been. Furthermore, there are various types of f.o.b. contracts, and for the benefit of convenience, they have been divided into three groups. The variations appear in the other incidents of the relationship between the parties depend upon the terms of the contract and the surrounding circumstances.  [10]  The first type is the strict or classic f.o.b. contract. The second is the f.o.b. contract with additional services. The last type may be described as the f.o.b. contract (buyer contracting with carrier).  [11]   Type of F.O.B. clauses Schmitthoff states that the term f.o.b. is used in transactions of different character and the responsibilities which arise under the clause differ according to the nature of the transactions in which the term occurs. The incidental obligations which the term f.o.b. implies have to be ascertained by an analysis of the express or implied intention of the parties. A distinction of considerable practical importance is that between three types of f.o.b. contracts, and, it depends on the parties which of these types are used.  [12]   The first type is the strict or classic f.o.b. contract. Schmitthoff explains this type of f.o.b. in the following term. He said: Under this arrangement the buyer has to nominate a suitable ship. When it arrives in the port of shipment, the seller places the goods on board under a contract of carriage by sea which he has made with the carrier, but this contract is made for the account of the buyer. The seller receives the bill of lading which normally shows him as consignor and is to his order, and he transfers it to the buyer. Marine insurance is normally arranged by the buyer directly, if he wishes to insure, but he may also ask the seller to arrange marine insurance for the buyers account.  [13]   The second type is the f.o.b. contract with additional services. Schmitthoff notes that: Under this arrangement the shipping and insurance arrangements are made by the seller, but this is done for the account of the buyer. In this type of f.o.b. contract the buyer is not under an obligation to nominate a suitable ship but the nomination is done by the seller. Again, as in contracts of the first type, the seller enters into a contract with the carrier by sea, places the goods on board ship and transfers the bill of lading to the buyer.  [14]   The third type may be described as the f.o.b. contract (buyer contracting with carrier). Schmitthoff states that: Here the buyer himself enters into a contract of carriage by sea directly or through an agent, e.g. a forwarder. Naturally the buyer has nominated the ship, and when it calls on the port of shipment, the seller puts the goods on board. The bill of lading goes directly to the buyer and does not pass through the sellers hands.  [15]   Consequently, in f.o.b. contract of the first and third type the buyer has the duty to nominate the ship, but in the second type this duty rests with the seller.  [16]  Furthermore, in contracts of the first and second type the seller is in contractual relationship with the sea carrier, and for this reason the second type has been described as a variant of the first type.  [17]  However, for the third type it is the duty of the buyer who may make the contract of carriage by sea with the carrier and the seller is not a party in this contract.  [18]   The Duties of the Parties The f.o.b. term is very flexible. Therefore, the duties of the parties between three types of f.o.b. contract subjects to the intention of the parties and the surrounding circumstances which of these types is used.  [19]   1) Nomination of Vessel The obligation to nominate the vessel can be placed on the seller or the buyer. However, unless agreed otherwise, this duty in f.o.b. contract is on the buyer.  [20]  Hence, in this case the buyer has to nominate an effective vessel in which he has booked shipment space. The buyer also has the duty to inform the seller of the name of the ship and the date when the vessel will be available for loading.  [21]  The nomination must be notified to the seller to give the seller sufficient time to put the goods on board a ship nominated by the buyer. If the buyer fails to nominate an effective vessel is a breach of contract, the seller is entitled to claim damages for breaching of the contract. Nevertheless, the seller will not be able to claim the purchase price if the buyer has not nominated an effective ship because the ownership in the goods will remain with the seller. In Colley Overseas Exporters  [22]  the seller was only entitled to damages, and not to the purchase price since the buyer failed to name a ship so property in the goods still remain with the seller and never passed to the buyer.  [23]  As a result of this uncertainty, the seller is advised to insist upon a contract clause requiring the purchase price to become due on a fixed date, whether a suitable vessel has been named or not.  [24]   Some f.o.b. contracts need the purchasers notification of the vessels nomination and readiness to receive delivery of the goods is given to the seller in advance of delivery. Then, if the buyer fails nominate a vessel on time means he is in breach of the contract, and the seller may refuse to deliver the goods on board, in Bunge Corp. v Tradax Export S.A.  [25]  was held that: The court will require precise compliance with stipulations as to time, wherever the circumstances of the case indicate that this would fulfil the intention of the partiesà ¢Ã¢â€š ¬Ã‚ ¦ And that: It is clearly essential that both buyer and sellerà ¢Ã¢â€š ¬Ã‚ ¦ should know precisely what their obligations are, most especially because the ability of the seller to fulfil his obligation may well be totally dependent on punctual performance by the buyer. Schmitthoff states that the buyer has the duty to nominate a vessel in a strict f.o.b. contract and an f.o.b. (buyer contracting with carrier) contract. However, this duty is not necessarily for him in f.o.b. contracts with additional services since in this type of contract he may leave the choice of the ship to the seller.  [26]   2) Substitute Vessel Time of nomination is usually of the essence of the f.o.b.contract. Therefore, if the nominated ship is withdrawn or the nomination fails for some other reason, the buyer is obliged to name a substitute vessel, on condition that loading can be accomplished within the contract period.  [27]  This was so held in Agricultores Federados Argentinos v. Ampro S.A.  [28]  .Consequently, it means that if the buyers first nomination fails and the original vessel becomes unavailable for any reason, a substitute vessel may still be nominated by the buyer, provided loading can be completed within the contract period.  [29]  Moreover, the purchaser must respond any additional expense caused by the substitution. 3) The Duty to Obtain an Export License Normally the duty to obtain an export license is on the seller since he is in the better position to do so and the language of the contract or the surrounding circumstances may indicate that the seller was intended to assume this duty.  [30]  On the other hand, if he does not, there is no rule about who should have the duty to procure an export license under an f.o.b. contract. Each case must be determined on its own fact and situation. In H.O. Brandt Co Ltd. v H.N. Morris Ltd  [31]  the Court of Appeal held that the obligation of applying for and obtaining an export license lay with the buyers rather than the sellers and Scrutton L.J. observed that: the buyers were under a duty to provide an effective vessel that is to say a vessel, which can legally carry the goods. If this is so the obtaining of a license is the buyers concern. It is their concern to have the vessel sent out of the country after the goods have been put on board and the fact that a prohibition against export includes a prohibition against bringing the goods to the port or other place for exportation does not cast a duty of obtaining a license on the sellers. Bringing the goods on to the port is merely subsidiary to the export, which is the gist of the license. On the other hand, in A.V. Pound Co Ltd. v M. W. Hardy Co. Inc.  [32]  , by the House of Lords was held that in the circumstances of the case the duty to secure the export license was cast on the sellers and not on the buyers. Accordingly, it is obvious that duty to secure an export license will depend upon the circumstances of each case that it shall be obtained by the seller or the buyer. 4) Transfer of Property Under the ships rail rule is explained that for the f.o.b. contract there is a presumption that the passing of property to the buyer occurs when the goods pass the ships rail, but this remains subject to any express indication by the parties that they intend the passing of the property can occur at a different time under the Sale of Goods Act 1979, s.17. According to the above rule, there is the legal notion is applied despite the fact that some period before passing the ships rail it will have become impractical for the seller to recall and substitute the goods. In Pyrene v Scindia Navigation Co. Ltd. [1954]  [33]  , said: à ¢Ã¢â€š ¬Ã‚ ¦a fire tender was damaged during the loading process immediately before it had crossed the ships rail. The property in the soods remained with the seller at the time they were damaged even though, in reality, the seller could not by then have halted the loading to call the fire tender back to shore to substitute it with another. 5) Transfer of Risk In f.o.b. contract Goode notes to the passing of risk of the goods that the risk passes to the buyer on shipment even though the seller has retained the bill of lading, or has had it made out to his own order to secure the price, and even if he intended to reserve a right of disposal.  [34]   Conclusion

An Apology From Socrates :: Philosophy

The Apology is Socrates' defense at his trial. As the dialogue begins, Socrates notes that his accusers have cautioned the jury against Socrates' eloquence, according to Socrates, the difference between him and his accusers is that Socrates speaks the truth. Socrates distinguished two groups of accusers: the earlier and the later accusers. The earlier group is the hardest to defend against, since they do not appear in court. He is all so accused of being a Sophist: that he is a teacher and takes money for his teaching. He attempts to explain why he has attracted such a reputation. The oracle was asked if anyone was wiser than Socrates was. The answer was no, there was no man wiser. Socrates cannot believe this oracle, so he sets out to disprove it by finding someone who is wiser. He goes to a politician, who is thought wise by him self and others. Socrates does not think this man to be wise and tells him so. As a consequence, the politician hated Socrates, as did others who heard the questioning. "I am better off, because while he knows nothing but thinks that he knows, I neither know nor think that I know" (Socrates). He questioned politicians, poets, and artisans. He finds that the poets do not write from wisdom, but by genius and inspiration. Meletus charges Socrates with being "a doer of evil, and corrupter of the youth, and he does not believe in the gods of the State, and has other new divinities of his own." In his examination of Meletus, Socrates makes three main points: 1) Meletus has accused Socrates of being the only corrupter, while everyone else improves the youth. Socrates then uses an analogy: a horse trainer is to horses as an improver is to the youth. The point is that there is only one improver, not many. 2) If Socrates corrupts the youth, either it is intentional or unintentional. No one would corrupt his neighbor intentionally, because he would harm himself in the process. If the corruption was unintentional, then the court is not the place to resolve the problem. The other possibility is that he does not corrupt them at all. 3) In frustration, Meletus accuses Socrates of being "a complete atheist," at the same time he claims Socrates teaches new gods. Thus, Meletus contradicts himself. Socrates argues that fear of death is foolish, because it is not known if death is a good or an evil, thus there is no reason to fear death.

Does Doctor Know Best? Essay

At what point can a doctor act against the mothers wishes to save an unborn child? Should the court have a say in the final medical decision of a dying patient? These situations and more were discussed by the panel members where it became very obvious that there are no absolutes when making these types of decisions. The root of the argument stems from the lack of a decisive role that is responsible for making decisions when faced with conflicting moral issues. The doctors felt that an agreement with the mother regarding treatment should be followed until, according to their best judgment, she is no longer capable of making the decision on her own. The doctor is put in an ambiguous position to make a final decision since it would seem that his professional opinion is secondary to the choices of the mother. It was argued that a spouse or parent could make the decision at this point, rather than the doctor, especially if it were concerning the care for the as-yet unborn child. However, the rights of the unborn child are called into question if the choice may potentially cause the death of the child. At this point, the doctors looked towards legislative measures to not only protect themselves from legal action, but to establish some sort of precedent to follow. However, even the judge was hesitant to take on the role and stated that it should be judged on a case by case basis. Whether they maintain the agreement with the mother, or alter treatment to save the child, the doctors will always be in conflict when determining where the doctor/patient relationship lies and when it is appropriate to take action against the will of the patient.

Effect Of Inflation, Pro and Cons Of Inflation

This graph above show the inflation rate and gdp rate in Malaysia for the year 2005 until 2012. http://zaidzainuddin. wordpress. com/2012/12/14/the-effect-of-inflation-on-malaysias-economic-growth/ The effect of inflation on economic growth is debatable and can act as either a positive or a negative influence. Local and international researchers have conducted studies on the relationship of Malaysia’s inflation rate and economic growth. It can be concluded that over the past decades, there has been a general non-linear relationship between inflation rate and economic growth in Malaysia. However, in the long run inflation has a positive effect on Malaysia’s economic growth. This correlates with econometric study as they too reported a positive impact of inflation in the long run. Pro & Cons Of Inflation Inflation may have a positive effect in Malaysian economy. This is because deflation is very harmful, inflation enables adjustment of prices and wages and boost economy growth. The first advantage is deflation is very harmful. Deflation is a negative effect of inflation. For example, the Japanese economy has suffered lower growth because of deflation. When prices are falling people are reluctant to spend money because they are concerned that prices will be cheaper in the future, therefore, they keep delaying purchases. Second advantage is moderate inflation enables adjustment of prices and wages. It is argued a moderate rate of inflation makes it easier to adjust relative wages and prices. For example, it may be difficult to cut nominal wages (workers resent wage cut). But, if average prices are rising, it is easier to increase good workers’ wages more than unproductive workers. Third advantage is inflation can boost growth. At times of very low inflation the economy may be stuck in a recession. Arguably targeting a higher rate of inflation can enable a boost to growth. This view is controversial. Not all economists would support targeting a higher inflation rate. However, some would target higher inflation, if the economy was stuck in a prolonged recession. Inflation is considered to be a problem when the inflation rate rises above 2%. The higher the inflation, the more serious the problem it is. The first problem is inflation tends to discourage