Presumptions Law and Ouster Clauses Essay Example

Presumptions: Law and Ouster Clauses Paper Presumptions A presumption is a legal notion that allows a judge or jury to assume a certain fact is true if another fact, or set of facts, can be proven by a party to the case. In addition to the rules, specific presumptions may be applied by the courts when faced with uncertain cases. These provide primary principles enforced on the statue to be interpreted. Some presumptions of statutory interpretation are: i)The presumption against ousting the jurisdiction of the courts ii)The presumption that persons should not be penalized except under clear law iii)The presumption toward fairness and justice v)The presumption of constitutionality v)The presumption against changes in the common law vi) The presumption against altering existing rights vii)The presumption against the retroactive operation of statues The presumption against ousting the jurisdiction of the courts Except by the pure and stated words of a statute, the court will presume that the jurisdiction of the courts will not be ousted or avoided. However, case law illustrates ouster clauses that are clearly expressed in legislation. Ouster clauses in English Law by Zoe Kirk-Robinson states that an ouster clause is a provision in a Parliamentary statute which excludes certain actions and decisions from judicial review; in the interests of the smooth administration of justice. Often, where a statute seeks to oust the jurisdiction of the courts, the court will devise ways and means to circumvent the ouster. The presumption that persons should not be penalised except under clear law If words in a strict statute are indistinguishable and there are two rational interpretations, the more lenient one will be applied to an accused. The presumption dictates that there is legal certainty before persons are sanctioned; so as to give those affected by the new law a chance to understand the penalties which may be levied against them. The presumption toward fairness and justice Professor Rose-Marie Belle Antoine states in Commonwealth Caribbean Law and Legal Systems that â€Å"it is to be presumed that Parliament intends to further the ends of justice. Thus, where there are two conflicting constructions of an enactment, the court will ‘strive to avoid adopting a construction that leads to injustice’† The presumption of constitutionality Parliament is supposed to make laws which are in conformity with the Constitution. The presumption of constitutionality of a statue or provision occurs when two possible interpretations for a statue occur – one favoring while the violating, the one that is in favor of the constitution, is taken as valid. We will write a custom essay sample on Presumptions: Law and Ouster Clauses specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Presumptions: Law and Ouster Clauses specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Presumptions: Law and Ouster Clauses specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The provision which is unconstitutional should be avoided and when proved to be unconstitutional, should become void. The presumption against changes in the common law The court will contain the abrogation of the common law in its interpretation of statute to only what is necessary to give effect to the intention of the Act. The presumption against altering existing rights Statute should not be given a construction that would have the effect of encroaching existing rights. Such statutes that have that effect are to be interpreted strictly and preserving those rights. The presumption against the retroactive operation of statues It is presumed that Parliament does not intend to alter the law applicable to past events, so as to change the rights and obligations of the parties in a manner which is unfair to them because reaching into the past and declaring the law to be different from what it was violates the rule of law. Thus, its rationale is to prevent the harsh and chaotic operations of law.

Chinas Population Problem essays

China's Population Problem essays The Chinese government has taken the enforcement of family planning and birthrate laws to an extreme by violating the civil rights of its citizens, which has had bad effects on the morale of its people (Whyte 161). China's population has grown to such an enormous size that it has become a problem to both the people and government. China, the most populous country in the world, has an estimated population of about one thousand-one hundred-thirty three point six million (Hsu 1). Ninety-four percent of the population thrives in the eastern half of China, which composes about forty-three percent of China's total area (Hsu 1). The eastern half of China contains its most populous cities like Beijing, Shanghai, and Tianjin. However these cities have a low fertility rate due to recent bandwagons of birth control. The average density in the eastern half of China averages around two-hundred and thirty-six people per square kilometer, whereas the density in the west half averages around ten poi nt six people per square kilometer (Hsu 1). Current enforcement of Chinese laws prevents migration between provinces without proper authorization, as the citizens in the west half of China have a desire to live in a more urban life where jobs can be found easier, and the citizens in the more populous eastern half have a stronger desire to live in the more rural western China (Hsu 4). The Chinese have always had a large population (Hsu 1). Even in ancient times where the population would never fall below sixty million (Hsu 1). Later, in the eighteenth century the population rose exceedingly and China became the strongest and most economically wealthy (Hsu 1). By the time the Qing Dynasty ruled, the fertile people of China had reached a population of three-hundred million (Hsu 1). The birthrate in China did decline in the nineteen-fifties due to campaigning by the government on birth control (Hsu 1). However, after the population decreased the government t...

Explain promotion and the promotional mix Essay Example | Topics and Well Written Essays - 500 words

Explain promotion and the promotional mix - Essay Example The use of these of apps has boosted the use of location-based services in that users are experimenting the use of the new services more and more (The Economist, 2010). A company can provide its application which can be used by the user to locate the nearest branch of the company or the smart-phone user can get to know the different products offered by the company and the available offer. Many people are accessing social networks for instance Facebook and Twitter by making use of mobile apps. The use of smart-phones with these mobile apps has facilitated the growth of location-based services as people are now at ease sharing their information (The Economist, 2010). Many people are using Facebook to update on their location and also companies can use the social network to target individuals of a particular location. People are using Twitter to share information on the location which in turn can be used by companies to target consumers based on their location. The activity of offering targeted advertising basing on the location of the user should be primarily being an exercise to organizations to increase their slice and utilize the available local advertising market. Since the prime objective of location-based advertising is to make the brand to be more known to people, the activity should not be used for other unethical acts such as trying inflicting the privacy of users (Pelau & Zebreanu, 2010). Location-based advertising is a better method of wining consumers based on their location. But firms should put measures to safeguard the privacy of the users. Location-based advertising is facilitated by the rapid and increased use of mobile phones. The service is of great significance in that it facilitates consumers to interact more with their preferred brands. The advertisement targeting the user based on their location is intelligent, immediate, intimate and also innovative (Pelau & Zebreanu, 2010). These are the features which make

EDUCATION Essay Example | Topics and Well Written Essays - 250 words

EDUCATION - Essay Example Online education is the solution for students who want to enroll in a prestigious university, but could not, because of distance, time and the complexity involved in balancing other relevant responsibilities. Through online education, a student with various roles as a professional, mother, or part-time worker, could enjoy the benefits of convenience through accessing course modules at their most accessible time. Further, one could exercise skills in time management to prioritize diverse social responsibilities as a family member or an employee, in addition to being an active and collaboratively participating student. Interaction with colleagues and instructors are eminently made easy. Concurrently, online education assists students through multidimensional support systems such as video conferencing options, sending correspondences through emails, accessing online library, and counseling services through the university’s live support site, among others. The unlimited support sy stems provided by online education is truly a remarkable advantage that is readily available to those who opt for this innovative technological breakthrough.

The Art of Neosoul Essay Example for Free

The Art of Neosoul Essay Neo Soul is a genre of music that arose in the 1990s from the experience of RB/Soul music and is characterized as â€Å"bringing freshness to a genre long pronounced dead †¦Ã¢â‚¬  (Phillip Cunningham/Bowling Green State University). As defined by the Stanford Dictionary of Philosophy, â€Å"art is modern works that appear to break radically with all traditional art† and this music genre is by definition new and radically different. Considering neo soul in terms of art, I believe that this music is an expression of modern mainstream African American culture, experience, belief, and surely, the root of this ethnicity. Different and more artistically expressed than soul music it brings great aesthetic value to the music scene. Not just music, but a powerful expression of deep rooted feelings through attention-grabbing and talented artist of our day. Neo-Soul is new and innovative in expressing the common culture of African American life and in its refusal to walk the conventional line. In what the Music Said’ an essay by Mark Anthony Neal, this form of music is ‘post-soul’ and is a combination of rhythm and blues, funk, rap and hip-hop and arose out of resistance to, and often times in opposition to, middle class sensibilities of respectability and norms. In Soul, the expression seems disdain and rebellion for the normal societal norms, that have been put in place by the government influences such as Marvin Gaye’s What’s Going On and Let’s Get it On? two of his most popular pieces where he is in defiance of the current political agenda and abstinence. Neo, meaning ‘new, or ‘Nu’ brought a different vehicle of expression the experiences of the time. Though there is much debate regarding the terms ‘Neo-soul’ or ‘Neo-classical-soul’ has become, in the 1990s and 2000s, more popular. Neo Soul is an extension of a culture that has a voice. The African American community in the 1990s as ‘church’ and faith become more important to young professional Christian, Neo soul also creeps into the Gospel music with artist such as Lisa McClendon and Leon Timbo. These individuals express a ‘real time’ acceptance and reliance on their God and expression of their faith in contemporary terms. Neo-soul music is one such singularity, which has reframed the subjectivities of black people and suggested identities embodied and disembodied, human and post-human. (Weheliye 30) Simply put, it is a genre of music that refocuses the African American art of music. More aesthetically pleasing I think. The beauty of neo Soul has I believe redefined African American Music as an art form rather than beat for bump and grind, distrust and defiance. Such artist as : Lauryn Hil, India Aria, and Jill Scott, women who have redefined lyric with bold and encouraging expression and melody that beats to the heart of the listener. In Aria’s â€Å"Strength, Courage, and Wisdom†, she speaks of positive thoughts to encourage and that these elements are internal, pointing the listener to uplift rather than what can be done in secret. As well as the song â€Å"I Am Not My Hair†, which counteracts bigotry and sterotypes with positive phrases and rhyme. Similarly Jill Scott, with a more rhythmic driving beat in â€Å"My Petition†, Scott speaks out against the American government without the hatred that you would usually see in this type of song, through straight, it is not militant – just truthful. Neo Soul music is an adaptation of Soul music as an art form and moves it to a higher degree of listening pleasure. Not timid but definitely bold, but respectful of both the artist and the listener. Even the presentation of the artist in this genre is an artistic expression of the African American culture. One of India Aria’s latest releases, Testimony Volume 2, Love Politics says explains this artistic form of getting her point across about poverty and society outlook on those that live in poverty in Ghetto: Now the dictionary says / That the ghetto is a place / of minority, and poverty, and over population. We list on this earth together, / ain’t no separation. / when you’re looking down, / from outer space. / we’re just a human race and the world is a / ghetto-o-o-o. A clear point, but not so hard on the heart. Work Cite Afrofuturism and post-soul possibility in black popular music. Aria, India. Strength and Wisdom. http://www. azlyrics. com/lyrics/strengthandwisdom. html Art and Popular Culture online. http://www. artandpopularculture. com/African_American_music Cunningham, Phillip. â€Å"There’s Nothing Really New Under the Sun†: The Fallacy of the Neo-Soul Genre. Journal of Popular Music Studies, Volume 22, Issue 3, Pages  https://www.thefreelibrary.com/

Meg Bogins The Women Troubadours Essay -- Meg Bogin Women Troubadours

Meg Bogin's The Women Troubadours What is Bieiris de Romans’ speaker seeking from the woman, Maria, about whom Bieiris writes? More generally, what are female troubadours as a whole seeking from their loves, and their craft? Meg Bogin, in her The Women Troubadours, asserts that â€Å"their poems were addressed to women†¦ to whom they vowed eternal homage and obedience. In exchange for their prostration, the troubadours expected to be ennobled, enriched, or simply made ‘better’† (Bogin, 9). Is the poetry of female troubadours less about the women being addressed and more about the troubadours themselves? By performing a close textual analysis of Bieiris de Romans’ poem to Maria, I hope to elucidate some possible answers to these questions. The poem opens with Bieiris’ speaker addressing her subject as â€Å"Lady Maria.† Rather than merely employing the woman’s first name, or utilizing a possessive phrase such as â€Å"my love† or â€Å"my Maria,† the speaker addresses her as â€Å"lady.† This implies a certain bestowal of respect upon her subject, and is potentially also a means to convey an understanding on the speaker’s part that this Maria has not yet consented to be hers. Next, the speaker proceeds to enumerate copious qualities that she finds pleasing in Maria. She begins by praising Maria’s â€Å"merit and distinction.† By â€Å"distinction† we can safely assume that the speaker refers to a pleasing reputation that Maria has cultivated within society, and possibly also the speaker’s own opinion that Maria is able to be distinguished as superior to other women. The term â€Å"merit,† however, is relatively ambiguous. By â€Å"merit,† the speaker could be indicating one or many qualities, including, but not limited to, virtue, achievement, a... ...g female companion, who will comply with her wishes and desires. Thus, Maria, judging from the qualities attributed to her in the poem, seems a perfect target for Bieiris’ speaker’s affections. Bieiris also appears to have created a speaker who is more concerned with being given the ability to express her desires than with the woman about whom those desires are expressed. Maria seems to be utilized as somewhat of a passive vessel about whom Bieiris can write and express herself in a literary fashion. The desire that Bieiris succeeds in expressing, then, is less one for Maria in particular and more one for composing lyric poetry in general. As a troubadour, Bieiris most likely avidly seeks patronage. Thus Maria is less of a goal to achieve and more a means to a different end: composing poetry for the sake of procuring a reputation, and obtaining financial gain.

Gender Stereotyping is Unfairness Essay

The roles the society allocates to its members according to sex are the root course of how people relate to each other in the society. Those who don’t fit into predetermined gender roles face social sanctions. This paper reveals that the gender stereotyping in the society are unfair and amount to the abuse of the rights of those who don’t conform to the norms. The essay takes into consideration the origins of the social standards and experiences of life which are used on women. Devor’s essay reveals how gender stereotypes give rise to female to male transsexuals. This paper shall also analyze Alice Munro’s book, Boys and Girls that provides a literary example that complements Denvor’s scientific explanation. The paper will also be complemented by various views by feminists. Devor states that since time immemorial women were taken as less important than men. Women were not much recorded in writings on the society as men were. A close look at the writings of ancient religions e.g. Greek, Judaism, and the dark ages reveals this.   Cultures in the past have had individuals with mixed gender, who are based on polytheistic beliefs. In America this was identified in the 16th century. This was not written about as most of the writings focused on men thought to have female traits for social ridicule. In the twentieth century women became empowered and became workers due to the industrial age. In this time women who dressed like men were branded the title lesbians. This name later was used to refer to transgender women in the culture. Efforts to discover the trait of transgender individuals have been undertaken in the recent past however this phenomenon has been present in societies always. This phenomenon for long has been suppressed. Modern science has discovered the biological differences as well as psychological and social influences between men and women, and now the study of transsexuals can be studied and medication given. Devor argues that the context of culture is very important in understanding sex and gender. He states that the structure of the society determines the lives of individuals. Gender is a result of cultural influence on the members of the society. The relations in the society that enhance gender are rules of relations in the society. He observes that the society is responsible for its transgender individuals. They represent the mean of what the society has forced in the diverse human life (Dover 37). His argument is that the home is the place where the female to male transsexuals are bred. Most of the theories on transgender individuals put the responsibility of the situation on parents. For instance fathers are seen to impart the message that women are lesser to their daughters. Also mothers who appear victimized and dependent on the husband make their daughters attracted to be like men. This leads to a personality split, which is not illness, as some people believe. In the developmental years at the stage of early development those children with male to female traits do not identify with female relations in their childhood years.   The children in this stage identify themselves with masculine figures and preferred male company. In the final analysis there seems, on the part of these girls a desire to escape the problems of their gender. Transsexuals, therefore, are the result of intense socialization.   The process starts at early childhood and continues to build up in adolescence and even in adult life. She argues that people should be left to live and fully express the gender roles they choose. Most transsexuals don’t undergo the surgery to change their genitalia so they face continuing limitations in society. In spite of this they are able to achieve their goals in life.   As stated in the introduction, Alice Munro’s book, Boys and Girls supports Devor’s idea of sex and gender. The story of the girl narrator sheds light on Devor’s argument about gender stereotyping in the society. In the book Munro depicts challenges and successes in the process of passage from childhood to adulthood. Her narrators are a girl and a boy, who are siblings. She tackles the theme of sex role stereotype which is full of unfairness. The protagonist undergoes exacting and extreme initialization into adulthood like her younger brother. The author suggests that stereotyping of gender and loss of innocence are initiation into adulthood, and are extremely influential to individual children. Munro through the choice of a female protagonist who is without a name and therefore undignified lays he ground for showcasing the stereotype. The younger brother of the protagonist is named laid – for lord, and by virtue of the name he is to become a dignified master of others. The grandmother of the children comes calling and gives the narrator advice on the rules of conduct for a girl. For instance girls keep their legs together when they are seated. The narrator faces a disliking of the roles that she is being couched to take; those of her mother. She rather likes her father’s roles.