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University Degree: Jurisprudence
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Critically discuss John Stuart Mill's liberty principle with reference to the work of other jurists and, where relevant, to current political or legal events.
He felt that democracy, if left unrestrained, could pose a threat to the minority and individual autonomy. The two great values of democracy; majority rule and minority liberty are often incompatible and Mill was one of the first to investigate this unresolved area in his essay On Liberty. On Liberty concerned the "nature and limits of power which can be legitimately exercised by society over the individual" (4), he sought to distinguish the destructive oppression of minority views from the legitimate exercise of democratic power.
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This report has been established in order to identify whether email monitoring in the work place is ethical or unethical. The main philosophy
PHILOSOPHICAL VIEWPOINTS 6 3.1 What is Utilitarianism? 7 3.2 What is Deontologism? 7 4. EMPLOYER/EMPLOYEE VIEW 8 4.1 Employers views 8 4.2 Employees views 9 5. UTILITARIAN THEORY APPLIED 10 6. DEONTOLOGISM THEORY APPLIED 11 7. MONITORING EMAIL LAW 12 1. Regulation of Investigatory Powers Act (RIPA) 12 2. Human Rights Act 13 3. Data Protection Act 14 8. CONCLUSION 14 9 BIBLIOGRAPHY 16 APPENDIX 10. GROUP LOG 17 1. TERMS OF REFERENCE This report has been commissioned for those who have an interest into the ethical issues relating to email monitoring in the workplace, when defining the impacts of this to identify any potential problems within organisations.
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Examine the operation of the law in relation to hacking and computer fraud. What are the advantages and disadvantages of these legal measures?
Due to the explosion of internet use, al the networks around the world have brought with it a need for greater security consciousness. As a result technology is required to be constantly updated in the war against the ever growing insidious and malicious criminals. There are a number of ways in which computers can be used for crime, firstly is to commit "real world" crimes such as fraud, forgery, secondly is to modify or damage other computerised systems and these are the types of activities that are usually prosecuted using computer crime legislation.
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Despite post-September 11 alterations in the definition of 'human security', it remains a tenet of Canadian foreign policy.3 This Canadian emphasis on human security resulted in the ratification of Bill C-36, despite how unnecessary and detrimental such an act has proven to be. The over-arching justification of human security has application to virtually all of the measures contained in the Anti-Terrorism Act. This foundational principle is not solely the underpinning of Bill C-36, it is also at the core of the unprecedented United Nations actions against counter-terrorism, which began the widespread adoption of anti-terrorism legislation across the democratic world.
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Evaluate the response adopted by the state to combat terrorism on mainland Britain after 1970. This essay will attempt to give an evaluation of the state's
"Indeed the purpose of terrorism is not military victory, it is to terrorize, to change your behaviour if you're the victim by making you afraid of today, afraid of tomorrow and in diverse societies like ours, afraid of each other." (Clinton, 2001) Terrorism may also deploy more of a direct approach to violence through targeting certain individuals and institutions, in order to either obtain resources, remove opponents or disrupt economic activities. When such tactics have been deployed on mainland Britain since 1970, in terms of eliciting a government response, the most important factors have been the campaign of Irish republicanism and, in more recent years, the rise of the global Islamic fundamentalism.
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Freedom of expression is a concept praised by many yet it is not widely appreciated that such freedom extends to material that is shocking or offensive. This was explored in Handyside V UK. 1 The applicant was convicted under The Obscene Publications Act 2 and claimed that his Article 10 right had been violated. In response the court stated: Freedom of expression constituted one of the essential foundations of a democratic society. Subject to Article 10(2) it applied to material which caused offence or shock.
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Two women die a week in relation to domestic crime. (Home Office, 2005). These results show that there is a serious need to start taking crime within the private sphere much more seriously. New legislation has helped to protect victims and encouraged more to come forward and report crimes. The Domestic Violence, Crime and Victims Act (2004) is expected to be implemented this April, 2005. This act will increase protection and help to support victims and witnesses. Women and children are mainly at risk of domestic violence but more increasingly so are men.
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His role was, of course, fundamental to the movement, yet there is a mistake of seeing him as the prime instigator rather of the movement rather than the major national spokesman for it. A large degree of local initiative was displayed throughout the black struggle for freedom, certainly enough to suggest that the revolution was, in many respects, coming from below. Post-World War II, a growing number of religious, civic, labour and intellectual spokesmen addressed the issue of segregation as a challenge to national values, a conviction only bolstered by the publication of such works as Gunnar Myrdal's An American Dilemma, which charted the gulf between America's democratic ideals and the reality of discrimination.
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aren't overt and obvious, it isn't surprising that they mightn't be recognised by the authorities; in fact they can be "frequently rationalized and denied by the offender as well3" Sexual motives may be expressed in other, less obvious ways; Revitch (1965) observes that, in many cases, particularly brutal and murderous assaults may serve as substitutes for the sexual act itself. It is almost as if the act of aggression "satisfies" the sexual component of the murder. And Banay (1969) confirmed the idea that "hidden sexual forces frequently lie at the root of many apparently nonsexual crimes4".
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In her position as Ph�dre's nurse and confidante, �none has a great influence over her mistress. From the beginning of the play, Ph�dre turns to �none for guidance and allows �none to make decisions on her part. This shows that Ph�dre has always had great trust in her nurse and considers her someone who can be relied on for good advice and to whom she can tell anything: " Je t'avouerai de tout; je n'esp�re qu'en toi." (Ph�dre, Act 3.1, line 811) When the audience first see �none, she is deeply concerned about Ph�dre and the secret she is hiding which is causing her such distress.
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On first inspection it would appear that my best strategy is to confess. `The reasoning for adopting this strategy is that whatever prisoner B chooses to do, I will get the `least sentence posssible by confessing. If prisoner B does not confess, I will go free, whereas had I not confessed we would then both receive a one year sentence, thus I have saved myself one year. Conversely, if prisoner B does confess then we will both receive a five year sentence, `whereas had I not confessed I would receive a ten year sentence and thus here I have saved `myself five years.
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"Limited in impact and timid in design" how fair is this an assessment of the liberal welfare reforms, 1906-14?
This act was also permissive, and by 1911 less than a third of all education authorities were using rates to support school meals. Though this act was non-compulsory, some improvement was better than none, especially when those who benefit from this minor improvement had nothing in the first place. There were to be compulsory medical inspections at schools and L.E.A's could provide free medical treatment (1907) however it wasn't until 1912 that government grants were made available to provide treatment and school clinics began to be set up.
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All plays are written in order to be performed and in this sense, The School for Scandal is one of the best examples in order to show it.
It was retained because of the advantages in greter audiability and closer intimacy with the public. It also kept the �aside� effective. This print belongs to the screen scene (act IV, scene iii) and it shows the screen itself on the curtain-line, Joseph near the proscenium door and Sir Peter and Charles on the curtain-line, so it is easy to see that there was still a proximity with the audience. Another important element regarding the stage is the proscenium door.
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Further objectives included freedom of thought, conscience and religion, freedom of expression, freedom of association and assembly, the right to marry and found a family and finally, prohibition of discrimination. It should be noted that article thirteen, which was viewed to be a guarantee of social equality, is absent from the Human Rights Act (1998), although this does not mean that it cannot be added later. Article eight, the right to respect for private and family life is illustrated in the case of Douglas v Hello Ltd  2 All ER 289.
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Discuss the operation of the Treasure Act 1996, the necessity to reform the ancient law of treasure trove and the successes/failures to meet the criteria to make it workable.
This requirement, coupled with the fine definition of treasure trove, made it increasingly difficult to declare finds as treasure trove. The stipulation that the treasure trove in question be hidden or concealed is vital as it would provide proof that the treasure was not lost or abandoned, as these two possibilities would, in effect, negate the original owner's intention lose their possessory rights of ownership to the item(s). Michael Bridge states that "the significance of the hiding is that it negatives an intention by the owner to abandon the valuables".3 The most important aspect of the act of hiding the
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What is the General Will in Rousseau's theory? Explain how a person can be free while still being compelled to obey the General Will.
Illustrating how the private and the General Will conflict is important in understanding the construction of the General Will. "Each individual finds himself under a twofold commitment: as a member of the sovereign to private individuals, and as a member of the state towards the sovereign" (Rousseau, 1996: 471). It is these separate wills that can conflict with each other. One should be inclined to question why I should give up my private will that is synonymous with my rights, if this is in direct discord with the General Will. I shall use the following scenario to typify how the General Will functions.
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Are there any natural rights? "A man may choose whether he will become a civil servant or a schoolmaster, a conservative or a socialist, but he cannot choose whether he will be a man or a dog."
all men to be free."3 And the proposition that all men have natural rights or rights as human beings is found explicitly in the theories of Thomas Aquinas and John Locke, implicitly in the moral and political philosophy of Immanuel Kant, and at least problematic in the writings of Thomas Hobbes. At the level of practise, it is expressed not only in the rhetoric but in the constitutional innovations of the American and French Revolutions, stating that "the end in view of every political association is the preservation of the natural and imprescriptable rights of man."4 When the ordinary citizen
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circumventing limitations and so on Now a days this definition is shifted to describe a person who uses a specialised knowledge of computer systems to obtain illegal or unauthorised access to a computer material. The wide popular use of the word hacking more or less eliminated the use of the word hacking for all other purposes and now indicates unauthorised access to a computer material. Hackers persist of distinguishing them self with crackers, hackers define the term hacker as one who is "intensely interested in the arcane and recondite working of any computer operation systems" cracker on the other hand
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However in my opinion abortion is not only concerned with rights and duties. There are other issues such as emotional factors surrounding the mother, different situations for each individual person and circumstances that must be taken into consideration when abortion is an issue. I will discuss the rights and duties involved and also the effect of emotional elements and how different situations and circumstances may influence decisions where abortion is concerned. The Catholic Church has a pro-life view, "Behold, children are a gift of the Lord" (Psm 127:3).
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The legality of any deportation order will be depend on what nationality Farah can legitimately claim but equally the nature of the deportation destination. A mixture of domestic, ECHR, EU and International law, answers such questions.
It is thus that she would be subject to the controls under 1(1) of the Immigration Act 1971. These immigration controls apply to all non-EEA nationals and in generally apply to EEA Nationals1. Deportation to the United States As a non-EEA national, and therefore not be entitled to any of the protections granted under EU Law. Farah could be the legitimate subject of a deportation order under Section 3(5). The Home Secretary enjoys a wide discretionary power in this field. The Act uses the ambiguous terminology that a deportation may be enforce when "conducive to the public good2" in the name of national security.
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Barely any states gave equal access to the ballot box of black citizens after the civil war. The Fourteenth Amendment states that anyone born on United States soil is considered a citizen. It also states that no state shall "deprive any person of life, liberty, or property without due process of law; nor deny to any person within its jurisdiction the equal protection of laws," (pg. 111) Reconstruction was a failure due to rioting all over the south. The Jim Crow Laws were also created in the 1890's to try and segregate blacks from whites.
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man's insensibility be ever so great, he must often be touched with the images of Right and Wrong; and let his prejudices by ever obstinate, he must observe that others are susceptible of like impression."2 The fact is, there has to be some objectivity to morality because there is something that any human being in the world is sensitive to and by which he defines a person as virtuous or vicious, some standard as to which a person is worthy of praise or blame.
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These rights may only be infringed by legislation which is: Designed to promote a specific legitimate aim (eg national security). Properly regulated by the law 'Necessary in a democratic society' (Interference with this right must be proportionate, fulfilling a pressing social need. Proportionality is central to deciding whether State intrusion upon a convention right is acceptable or not. 2) In articles containing 'limited rights' the right is set out at the beginning of the article with limitations laid down throughout.
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Creators can be given the right to prevent others from using their inventions, designs or others creations. These rights are known as "intellectual property rights". However, even these general definitions pose problematic. Although creators are given property rights over the creations of their minds, the notion of idea expression dichotomy allows for a creator to only acquire property rights to the expression of an idea yet not for the idea itself. Therefore, if the basic product of the mind, an idea, is not afforded property rights, how can intellectual property and the scope to which it covers be defined?
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Black, on the other hand, adopts a definition that recognises the different actors involved in regulation which includes but is not limited to government control: ' regulation is the sustained and focused attempt to alter the behaviour of others according to defined standards or purposes with the intention of producing broadly defined outcome or outcomes, which may involve mechanisms of standard setting, information gathering and behaviour modification'5. Whilst it is argued that there is 'conceptual confusion' in the formulation of what regulation is6, three main definitions of regulation can be gleaned from academic writings on the subject: 1.
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