Cesare Beccaria Essays - Penology, Criminology, Criminal Law

Cesare Beccaria Essays - Penology, Criminology, Criminal Law Cesare Beccaria Cesare Beccaria is one of the most famous criminal justice theorists of all time. He lived from 1738 to 1794. He was the eldest son of an Aristocratic Family and was educated in a Jesuit school. His fascination with philosophy lead to him a bunch of friends who soon formed a group called the academy of fists. This group focused their attention on reforming the criminal justice system. This group exposed Beccaria to many great philosophers, who encouraged his work. One to his motivators was a philosopher named Pietro who was in favor of the idea protesting against torture to obtain confession for the law and justice system. As well as many other injustices going on such as, the wrongfully used discretionary power of judges, using personal connections to get lighter sentences and capital punishment. This point of view won the backing of many other great European Emperors and philosophers. By 1770 Beccaria had gained recognition from all over the world and political positions in Italy. Beccarias work touched on two distinct arguments of position. He described and pushed the point of reforming the criminal justice system. He also realized that very few studies had been done on research and reform in the system. He agreed with two philosophers theories: social contract and utility. In retrospect to social contract Beccaria pointed towards punishment as justified only to defend the social contract of citizens and to make sure that all persons followed this standard. In regards to utility Beccaria stressed that the method of punishment selected should be one that helps the public. In his efforts to direct the justice system he discovered that some philosophers had two principle theories justifying punishment. Number one on the list was retributive approach, which states that punishment should be equal to the crime. In other words an eye for an eye. This method falls into a revengeful style of punishment. The second theory was Utilitarianism approach, which states that the punishment should increase the happiness in the world. Meaning that the punishment should reform the criminal. Beccaria takes a utilitarian stance. He truly believes that punishment should deter others from acting in the same manner. This punishment should also take place quickly. The sentencing should be in a speedy manner. This will connect the crime and the punishment in the convicts mind making a clear connection between crime and punishment equaling. Swift punishments will have the greatest impact on deterring others. He also feels that severe punishments are pointless and will loose the initial effect that they intended. Becarria believes that dueling can be eliminated if laws would protect the persons feelings of insult and lose of honor. Punishment should equal the crime point blank, out of all the crimes treason is the worst, because it breaks down the social contract. Followed by violent acts against person and or their belongings. The most effective way to stop crime is to reward good doings in the community, increase education and make simple laws that every one can understand. Becarria believes that capital punishment is not the best deterrent. He says that long term imprisonment is the key to deterrence. People value their right of life more than anything else. Capital punishment should be preformed only if it benefits the public and is truly needed depending on the situation. Capital punishment fails to deter determined criminals from committing extreme crimes. Keeping people on lock down is more deterring then taking their life. Perpetual slavery is more affective and deterring than capital punishment. Beccaria believes that the justice system can be improved. His research had shown that capital punishment is not deterrence. It does more harm to the world than good. Perpetual slavery is the best deterrence the world had in its option. Criminals should be punished by methods that deter not vengeance. If these methods that Becarria has presented are used the rulers of the world will receive long lasting fame as peacemakers.

Global marketing management Essay Example | Topics and Well Written Essays - 3000 words - 1

Global marketing management - Essay Example For example, PESTLE doesn’t measure the impact of information, demographics and ethics variables in the macro-environment. Importance of PESTLE can only be realized if it is applied for practical purposes otherwise the model might be viewed as another management utopia. For example, suppose a multinational company X of Europe wants to expand business in a Latin American country but they do not have any knowledge about the environment of the country. The multinational company X can face six different challenges such as, 1- P- unstable political environment which can disrupt their operation in the country or even create confusion regarding entry strategy, 2- E- poor economic growth of the country might result lack of purchasing parity of consumers which negatively affect the demand for the product of company X, 3- S- lack of understanding of socio-cultural context of the country can create problem for the company X to design effective product-marketing strategy and 4- T- lack of technological growth and infrastructural support in the country can hamper the potentiality of internationalization strategy of X. Kaufmann and Van Witteloostuijn (2012) stated that companies can use PEST instead of PESTLE to measure global business environment in those cases where environment and legal proceedings play very little role. Research scholars such as Porter & Siggelkow (2008) and Heijltjes & Van Witteloostuijn (2003) stated that international companies should try to understand the global business opportunities in terms of both macro and micro environmental context. Ghemawat (2004 & 2007) pointed out that ignoring market need while developing globalization strategy is probably the greatest mistake that can be committed by an international company....Another important thing is that there is hardly any difference exists between Indonesia, Malaysia and Singapore when it comes to culture and demographic aspect hence following growth strategy in Singapore and Malaysia will h elp IKEA to design product mix in accordance to demand of Indonesian customers. Taking help of the research York of Ying (2005), it can be said that IKEA should design products as per seasonal and communal requirement. For example, offering green shaded furniture during Ramjan and Eid al-Fitr would definitely help IKEA to attract Muslim customers. On the other hand, the company should increase the size of the furniture in order to attract family customers in the country. IKEA should offer the assembling and transportation facilities with its furniture products in order to target wealthy Chinese family customers. Recalibration of forward and backward integration of the logistics and supply chain activities will definitely decrease value chain operation cost for IKEA. Decrease in value chain cost would help IKEA to follow competitive pricing strategy in order to penetrate in Indonesian furniture market.

Between the Birksian theory and the traditional approach in the Essay

Between the Birksian theory and the traditional approach in the English law of unjust enrichment - Essay Example If there is no doubt that the law restitution of unjust enrichments exists, it is not still clearly determined what is considered to be an unjust enrichment and in what cases the enrichment should be defined as â€Å"unjust†. Understanding that the law is inconsistent in terms of definition of unjust enrichment, the Professor Peter Birks created his own scheme of unjust enrichment definition. This study will explore the concept of unjust enrichment, a relevant and still developing area of law in the United Kingdom. The investigation will be based in the theory of Peter Birks. Essentially, questions of unjust enrichment fall under the broader category of restitution in cases of damage, theft, or fraud resulting in monetary or property loss to the aggrieved party. It is necessary to create delineation between the possible remedies that the law offers in case of financial loss, or the enrichment of one-party beyond a reasonable measure of proportionality. The development of this principle throughout the centuries will be touched upon in this analysis, as well as the simplification of the legal landscape regarding unjust enrichment based on the principle of "absence of basis". Restitution Unjust enrichment is connected with the principle of restitution, which stands opposed to the principle of compensation. It is a matter of a remedy based upon the gain of one-party, or a remedy based upon loss to another party. ... he benefits or financial advantages accrued by the defendant are restored to the plaintiff based on an understanding of a legitimate claim to said benefits. In the case of contractual obligations the value of funds or properties included in the contract that will be included in the restitution judgment. Another situation in which restitution is appropriate would be the vindication of property rights which have been abrogated by some action – or failure to take action on part of the defendant. (Graham, 2006). Issues of restitution pertaining to unjust enrichment often hinge upon whether a contract exists in reality. Situations or countries where implied contractual obligations are nonbinding challenge the premise of restitution or unjust enrichment. Here the principal issue becomes one of misrepresentation of the legal obligations and subsequent remedies mandated under principles of restitution. (Indian Contract Law, 1872) Compensation Compensation represents payment for damage s as deemed appropriate by the court. Damages can take the form of injuries or violations of duties based upon pre-existing legal obligations, or as a result of tort law. A principal difference between the gain in based restitution and loss-based compensation is that restitution would require reparation for gains that should otherwise have been shared by the defendant. Where compensation is required, and expectation of gain need not exist – all that is acquired is the ability to demonstrate that actions (or negligence) on part of the defendant was directly attributable to injury, loss, or harm suffered by the plaintiff/claimant. Compensation is also appropriate in cases of breach of contract. If the defendant enters into a binding agreement to utilize the products or services of another party,

South African Economic Racism Essay Example for Free

South African Economic Racism Essay Throughout the course of the 19th and 20th century, economic considerations played a significant role in shaping both racial discrimination and concepts of white supremacy in South Africa. When large deposits of gold and diamonds were discovered in the latter half of the 19th century, the economic structure of southern Africa was dramatically altered. The mining industry necessitated vast amounts of inexpensive labor in order to be profitable. In the post South African War period, the necessity to return the Boers to self-rule without harming the mining industry resulted in a series of legislation that legalized racial discrimination to ensure a large and cheap labor force consisting of Africans. South Africa’s industrial revolution and the legislation passed during the period immediately following the South African War provided the economic bases of racial discrimination and white supremacy in South Africa. In 1868, the Kimberly diamond strike propelled South Africa to a position as a world leader in diamond production. Similarly, the discovery of large gold deposits in the 18th and 19th century also attracted both foreign capital investment and immigration. The rapidly growing mining industries required massive amounts of inexpensive labor in order to be profitable. Hundreds of thousands of African workers sought employment in the developing mines and cities in industrializing cities. In the face of this increased competition, white workers benefitted from racial discrimination because it protected them economically from competition with African workers. White business owners sought a large and cheap African workforce; racial discriminatory practices ensured they were cheap and pliable. In order to limit the bargaining power of African workers seeking higher wages and to ensure that none could flee in the face of harsh labor conditions, the British conquered the remaining independent African states, confiscated land, and imposed severe cash taxations during the 1880s and 1890s. This forced African labor that had previously chosen employment in the mining industry voluntarily to now do so under conditions set solely by the employers. In addition, a series of discriminatory practices were first introduced during this period including pass laws and urban ghettos, further ensuring the enforced cooperation and steady supply of cheap African labor. The industrial revolution in South Africa introduced a pressing need for incredible amounts of cheap labor. The introduction of racially  discriminatory practices sought to meet this need by ensuring the In the aftermath of the South African War in 1902, the mining industry saw a depression in the face of a severe labor short age. In response, South African capitalists and mining industry leaders worked with British imperial authorities to import massive amounts of Chinese laborers. Between 1902 and 1907, over one hundred thousand Chinese immigrated to South Africa. However, Afrikaners opposed this vehemently arguing that it should be a white man’s country and that this influx of labor represented a new competitive threat for potential jobs. In 1906, the Liberals come to power in Great Britain. Many had opposed the South African War and were now calling for the return of self-rule to the Boers without endangering the mining industry. Afrikaners would take the place of skilled and semi-skilled English laborers at lower wages while newly enacted policies would force greater numbers of Africans to unskilled labor. The 1911 Mines and Works Act restricted African employment to menial and unskilled jobs, excluding them from most skilled categories of work. In effect, it legislated a racial hierarchy in the workplace and extended the practice throughout the South African economy beyond the mining industry. Furthermore, the Industrial Conciliation Act of 1924 restricted African rights to organize or to negotiate their terms of employment. In 1913, the Natives’ Land Act was enacted, restricting African ownership of land to designated areas comprising roughly 7 percent of the South Africa’s total land area and restricting Africans from establishing any businesses outside of this allocated space. In addition, the land partitioned for Africans was often of poor quality and could not possibly support its population. Thus, the law effectively prevented Africans from leading self-sufficient lives in rural communities. They were increasingly forced to work on Afrikaner owned farms, factories, and mines. In addition, restrictions on their movement and the right to reside in urban areas combined with the inability for rural areas to support significant numbers of Africans resulted in an endless system of migrant unskilled labor. Economic interests and considerations significantly in fluenced the segregation policies adopted in South Africa during the 19th and 20th centuries. The necessity of a cheap and controllable labor source resulted in harsh racially discriminatory policies and the rise of white supremacy. In 1944, the chairman of the Broederbond stressed the special role of  Afrikaners in a speech, â€Å"In every people in the world is embodied a Divine Idea and the task of each People is to build upon that Idea and to perfect it. So God created the Afrikaner People with a unique language, a unique philosophy of life, and their own history and tradition in order that they might fulfill a particular calling and destiny here in the southern corner of Africa. We must believe that God has called us to be servants of his righteousness in this place† (Clark and Worger, 32). Placing emphasis on divine support for their existence, their special place in the world, and righteous mission, this Afrikaner ideology can draw historical antecedents from the belief of Manifest Destiny in the United States in the 19th century and from the ethnic nationalist movement of Nazi Germany in the mid 20th century. This emphasis on the special Afrikaner identity heavily influenced Hendrik Verwoerd who se argument for apartheid centered on the inability for two cultures to achieve their ideal futures as each of their paths are unique. The intermingling of languages, traditions, and histories would be detrimental to both the Afrikaner and African peoples. These ideals of Afrikaner nationalism expressed in the quote draws historical antecedents back into the 19th century concept of Manifest Destiny. During the 19th century, Manifest Destiny was a widely held belief in the United States that American settlers were destined to expand throughout the North American continent due to the special virtues of the American people and through a special destiny that was divinely ordained. Similarly, the Broederbond chairman asserts the special role of the Afrikaner people and their divinely ordained origin. In addition, he argues for their expansion throughout southern Africa as both a divine calling and righteous mission. The ideas expressed in the quote by the Broederbond chairman also draw numerous parallels with the 20th century German nationalism found in Nazi Germany. Following his ascension to power in Germany, Hitler’s movement and theories resonated considerably in South Africa, particularly with the Purified National Party and the Broederbond. The Broederbond established a â€Å"voortrekker† movement for Afrikaner youth, arguably seen as analogous to the Hitler Youth . In 1938, the Ossewabrandwag was established on the model of Hitler’s national socialist movement. By the end of 1939, over three hundred thousand Afrikaners had sworn loyalty to the volk, or Afrikaner people. It sought to establish an Afrikaner controlled republic in South  Africa, by violent means if necessary. Additionally, in 1938, a centenary celebration of the Great Trek was organized that placed emphasis on the heroic struggle of the Afrikaners against British oppression. The articulation of this â€Å"sacred history† and of a struggle for survival sought to memorialize and legitimize the special place of the Afrikaner people. These sentiments are again arguably analogous to those found in the ethnic nationalist movement of Nazi Germany that stressed the special place in history of the Aryan race. In both Afrikaner nationalism and German nationalism, the nation has a mystical and divine quality. In addition, the Afrikaner and German people are also considered to possess certain special and unique characteristics such as language, culture, and history that transcend the individual and contribute to a national unity. The emphasis of a special and unique Afrikaner identity expressed in the quote by the Broederbond chairman in 1944 can be seen in Hendrik Verwoerd’s argument for apartheid in 1950. As the minister of native affairs in the first National Party government, Verwoerd met with African members of the Native Representative Council to explain his theory and justification of apartheid. Basing his argument in the concept of ethnic nationalism, he asserts that Afrikaner and African communities must be divorced in order for both parties to prosper. It is impossible for two distinct and unique peoples to achieve their ideal futures while intermingled because each has their own particular path and calling. Verwoerd argues that tension and conflict are inevitable in mixed societies. The mixing of languages, traditions, and cultures in South Africa are only detrimental to the development of both the Afrikaner and African people. Appealing to African leaders for their cooperation in installing an apartheid policy, Verwoerd states that, â€Å"Instead of striving after vague chimeras and trying to equal the European in an intermingled community with confused ideals and inevitable conflict, he can be a national figure helping to lead his own people along the road of peace and prosperity. He can help give the educated men and women of his people an opportunity to†¦fully realize their ambitions within their own sphere† (Clark and Worger, 141). His explanation of apartheid places a significant emphasis on the purity of a people’s descent and the continuation of this line as the key to secure an ideal future. Both Afrikaners and Africans can only truly realize their full potential within their own cultural and ethnic sphere.

Using a PC on a Network :: essays research papers

Computer networking, like most industries, has its own jargon, which includes technical terms, abbreviations, and acronyms. Without a good grasp of the terminology, it will be difficult to understand the concepts and processes involved in networking. A network interface card (NIC), pronounced "nick," is also called the LAN adapter, or just the network interface. This card typically goes into an ISA, PCI, or PCMCIA (PC card) slot in a computer and connects to the network medium. It then connects to other computers through the network media. Media refers to the various physical environments through which transmission signals pass. Common network media include twisted-pair, coaxial, and fiber-optic cable, and even the earth's atmosphere through which wireless transmission occurs. A protocol is a set of rules. In the case of a network protocol, it is a set of rules by which computers communicate. The term "protocol suite" describes a set of several protocols that per form different functions related to different aspects of the communication process. Cisco IOS software which runs on Cisco equipment and devices, is the industry-leading and most widely deployed network system software. It delivers intelligent network services for enabling the rapid deployment of Internet applications. Cisco IOS software provides a wide range of functionality, from basic connectivity, security, and network management to technically advanced services. The functionality of Cisco IOS software is the result of a technological evolution. First-generation networking devices could only store and forward data packets. Today, Cisco IOS software can recognize, classify, and prioritize network traffic, optimize routing, support voice and video applications, and much more. Cisco IOS software runs on most Cisco routers and Cisco switches. These network devices carry most of the Internet traffic today. Network operating system (NOS) usually refers to server software such as Windows NT, Windows 2000 Server, Windows Server 2003, Novell NetWare, UNIX, and Linux. The term sometimes refers to the networking components of a client operating system such as Windows 95 or the Macintosh OS. Connectivity devices refer to several different device types, all of which are used to connect cable segments, conne ct two or more smaller networks (or subnets) into a larger network, or divide a large network into smaller ones. The term encompasses repeaters, hubs, switches, bridges, and routers. Network applications Network applications are software programs that run between different computers connected together on a network. Some of the more common uses of network applications include using a web browser program to find content from the World Wide Web, or using an e-mail program to send e-mails over the Internet.

A Moral Choice Essay

In the journey of life, we will often face a variety of temptations. However, in the face of these temptations, we should make the right choice. Sometimes, we know the right choice may bring some troubles for us, but in the face of the ethical issues, we had no choices. Obviously, each individual will confront with these situations those need you make a choice, include me. When I was a student in the primary school, once, my school had a fundraiser for the children in poor area in China, so everybody in our school would give a hand. I came back to my home and asked my mother for the money. On the next day in the morning, my mother gave me one hundred yuan and said to me all the money should I donate. I was supervised that my mother gave me so much money. In peacetime she was very frugal and always gave me a little pocket money. And at that time one hundred yuan was really a big sum of money for me. Then I went to school, in the class, I remember my best friend came to my place and said to me that there was a new toy that was very novel and fun, and she asked me whether I would like to buy. Coincidently, I also knew that new toy and I had always wanted to buy. But I found my pocket money could not afford it. If I asked my mother to buy it, she would not agree with me. So at that moment, I came up with an idea. I had one hundred yuan and I could use the money to buy the new toy. The toy cost fifty yuan, if I bought it, I still had the remaining fifty yuan to donate. The donation was not an obligation and my school did not force us to donate. So nobody would care about how much money I had donated. However, I still thought it was a little unethical for me to do that and I hesitated for a long time. Yet, when the donation began, there was a picture full of tender and dark faces emerged in my mind, as if they looked at me with desire. Immediately, I realized that I had no lake of anything compared with the children in these poor areas. I should satisfy with my life and be grateful for any thing my parents has given me. These children in the poor areas really need help. So I gave up the idea just now and dropped the one hundred yuan in the collection box. At that moment, I was vey proud of myself. Though I could not but the toys that I had been waited for, at least, I helped the children who really need help. Further more, from this experience, I thought I had made the right choice in the face of moral test and I knew the importance of helping others. At same time, I could gain much happiness through helping others. I learned a lesson from it. Life likes a marathon. Each player has the possibility to win, each player are your competitors. But if you suddenly appeared in front of two roads, one leading to the home of the path, and the other means that you will embark on the long journey. Also assume that you have already exhausted at this time, which one would you choose? If your answer is the latter, then I want to tell you: When we are faced with a moral choice, be sure to make the right decision!

Social Learning Theory, Feminist Theory And Patriarch Theory

Social Learning Theory, Feminist Theory and Patriarch Theory Observing and learning behaviors are key components of Social Learning Theory (Hanna, Crittenden Crittenden, 2013). The theory focuses on how individuals learn social context from their environment and apply it to their life. An individual’s environment provides the opportunity for observational learning, imitation, and modeling that helps him or her adapt to and control different aspects of his or her life. Thus, shaping a person’s behavior in a healthy or unhealthy way. Environments and behaviors in which people most frequently observe become the most thoroughly learned (Hanna, Crittenden Crittenden, 2013). Gender inequality continues to be a pervasive problem in†¦show more content†¦Social Learning Theory behavior is resonated in both Feminist Theory and Patriarchal Theory because it focuses on how societal behaviors have created an environment of inequality (Hanna, Crittenden Crittenden, 2 013). Understanding that Social Learning Theory is a major component of both Feminist Theory and Patriarchal Theory there is also a correlation of both theories the eradication of inequality towards men (Hanna, Crittenden Crittenden, 2013). Feminist Theory does not attempt to understand male domination in a patriarchal sense, but rather empower women to overcome the behaviors of male domination. Patriarchal Theory breaks down the significant of male domination and how it has shaped our society which provides an opportunity to change patriarchal ideations (Turner Maschi, 2015). Understanding how the perception of men and women collectively shape behaviors towards dominance in society (Hunnicutt, 2009). Women that buy in to the ideation of patriarchy often feel less than and that they should be treated as property rather than human beings. Feminist Theory can help a woman overcome the feeling of being less than by empowering to embrace their femininity. Further both Feminist Theory and Patriarchal Theory both promote the domination of both genders. Although Feminist Theory focuses on equality many forms of the theory have anShow MoreRelatedEssay on A Male Dominated Society During the 19th Century952 Words   |  4 Pageshuman could feel lonely, empty, confounded and miserable. In this time period, women’s role in society was to be simply mothers and wives. A world where women had rights, control, and power was a fantasy. According to Hall, he states, â€Å"Key to all feminist methodologies is the belief that patriarchal oppression of women through history has been profound and multifaceted† (Hall 202). In other words, it is known that the male takes complete cruel supremacy over the years in our history. In The AwakeningRead More Theme of Entrapment in The Awakening and The Yellow Wallpaper1239 Words   |  5 PagesYellow Wallpaper Topics of great social impact have been dealt with in many different ways and in many different mediums. 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