"Do you think that current employment law in the UK allows parents to achieve a suitable balance between work and family life?"
"Do you think that current employment law in the UK allows parents to achieve a suitable balance between work and family life?" It is unsurprising that in a country, which has the longest working hours in Europe that the question of a work life balance would come into the public domain. It is true that Family relationships are under increasing threat, as parents struggle to reconcile the demands of work and caring for children. As part of an enquiry into this dilemma the BBC produced a survey, which found that a third of all adults questioned felt that a preschool child would be harmed by their mother working. These findings were mirrored by the work of the Children's society, which found that 61% of adults Believe parents do not get enough time with their children1. The findings reflect "the growing dilemmas over childcare British parents can feel when trying to juggle the many demands of modern life in a country that already puts in the longest working hours in western Europe," the Children's Society said. So it is clear to see that socially there is no suitable life balance in the opinion of the public, however does this reflect the situation in terms of the law? This essay will try and answer the question of a work family life balance in terms of the current British Laws for employees. It is obviously clear to see that the whole issue of a family work life balance begins
"Everyday Use" by Alice Walker and "A&P" by John Updike, both exhibit a comparable problem concerning acceptance.
Rachel Ince Mrs. Hudler English 1302-14 3 March 2003 Acceptance shown in "Everyday Use" and "A&P" "Everyday Use" by Alice Walker and "A&P" by John Updike, both exhibit a comparable problem concerning acceptance. Acceptance is a universal idea experienced in everyday life and in many social situations. For instance, when two or more people come together, ideas and opinions can clash and acceptance can become a problem. The situations presented in these stories portray the idea of acceptance while revealing an aspect of the human condition. To begin, in Alice Walker's story "Everyday Use", acceptance is a problem between Dee and her mother. The mother first describes a dream of hers in which she and Dee are reunited on a TV show. She describes a situation in which Dee would want the mother's appearance to be different. For example, the mother states: "I am the way my daughter would want me to be: a hundred pounds lighter, my skin like an uncooked barley pancake" (89). Therefore, the mother feels as though Dee does not accept her the way she is. Another example takes place when Dee demonstrates her dislike for their home. The mother talks about the new house, she declares, "no doubt when Dee sees it she will want to tear it down" (90). Not only does Dee disrespect the way her mother looks, she disregards her way of life and home. As Dee escapes to college to find a
Is police use of stop and search ethical?
Is Police use of Stop and Search Ethical? "The powers of the police under current legislation are required for the prevention and detection of crime and should remain unchanged". (Mcpherson, 1998) INTRODUCTION This report looks at how the Police have used stop and search powers over history and how contributing factors such racism and crime have caused policies and practices to evolve into the laws as we know them today. HISTORY The statutory authority for stop and search began with the vagrancy Act of 1824, which was passed to stop destitute soldiers coming back from the Napoleonic wars begging on the streets (socialistworker.co.uk). This controversially became known as The 'sus' law giving police the authority to arrest and prosecute anybody who was 'loitering with intent'. This led to ethnic communties being targeted by the police in a blatient act of discrimination. (Maguire et al 2007). The Act was amended several times, most notably by the Vagrancy Act 1839 which introduced a number of new public order offences that were deemed at the time to be likely to cause moral outrage. Legistlation continued to be amended throughout history, although ethnic minorities continued to be discriminated agaisnt, partly because the police service was still almost exclusively white. A lack of understanding alienated ethnic minority communties and led to mutual mistrust and
Is There Any Rational Basis for the Distinction Which Criminal Law Draws Between Acts and Omissions? How consistently is the Distinction Maintained?
2. Is There Any Rational Basis for the Distinction Which Criminal Law Draws Between Acts and Omissions? How consistently is the Distinction Maintained? An act is an action which directly or indirectly causes a result. In criminal law, a person is held liable for an action which, when the required mens rea1 and actus reus2 can jointly be proven to have caused harm to a person or property, unless they have a reasonable defence3. In contrast people are usually not convicted for their omissions: "it is evident that to punish men by law for not rendering to others all the service which it is their [moral] duty to render would be preposterous" 4. Making all moral omissions a crime would encompass too many people and would create an oppressive society5. An omission in law is where action is not taken which would prevent or reduce the risk of harm or damage to a person or property, where a person has an obligation to act. A policeman in Dytham [1979] QB 7226 was found guilty of misconduct whilst acting as an officer of justice, whilst as he was in uniform and on duty he stood by and failed to assist a man who was beaten to death by a doorman of a nightclub. His omission to act had contravened his statutory obligation to help, which his profession imposed on him. Where a relationship or assumption of care is present, there is an automatic duty to act, so that if an omission to act
Philosophy, Political Morality and History: Explaining the Enduring Resonance of the Hart-Fuller Debate 3
A moral case for positivism? It is interesting to note, however, that at the foundation of Hart's argument lay not so much an analytic as a substantive moral claim,1 the appeal of which might itself be thought to depend in important part on a cluster of empirical claims. It is, according to him, morally preferable, more honest, to look clearly at the variety of reasons bearing on an ethically problematic decision rather than to close off debate by dismissing certain considerations as irrelevant, or by arguing that something never was the law because it ought not to have been the law. In a later confrontation with his Oxford successor, Ronald Dworkin, Hart similarly characterized Dworkin's suggestion that judges might sometimes be morally justified in lying about what the law requires in order to avoid an unjust conclusion as an entirely unnecessary and obfuscating distortion of a conceptually straightforward, if morally problematic, issue.2 The straightforward conceptual point is that, according to clear positivist criteria, a standard is identified as law. The complex issue is the practical conclusion which judges or other actors should draw from this identification where the standard is morally dubious or clearly iniquitous. The key point about the Hart-Fuller debate is that - unusually in Hart's jurisprudence - these questions are drawn together, in a juxtaposition
Security for costs - Defending an arbitration, particularly in complex disputes can be expensive.
Security for costs Defending an arbitration, particularly in complex disputes can be expensive. The general principle in Hong Kong arbitration is to have costs follow the event, an award allowing a successful respondent to recover his costs from the claimant will be of little value if it cannot be enforced because the claimant is insolvent or his assets are located in a jurisdiction which makes recovery difficult. An order of security for costs will ensure that there are funds against which the respondent can enforce an award in his favour, but there is also a risk that a respondent may apply for such an order simply to stifle a valid claim. +++ Security for costs is the opposite of security for the claim. Security for claim involves the claimant seeking to secure his claim against the respondent. But security for costs is a request by the respondent against the claimant. The logic is: If the respondent turns out to be successful in the defence, he should get his costs. +++ Traditionally, the power to order the claimant to give security for costs was outside the arbitrator's statutory jurisdiction and application to be made to the Court. The s. 2GB of the HKAO bring fundamental changes to the law and practice of arbitration in Hong Kong. In s. 2GB(1), it provides "When conducting arbitration proceedings, an arbitral tribunal may make orders or give directions dealing
legal methods
legal
Explain what is meant by a conditional fee agreement and when it is used; and (ii) Describe the other ways of funding legal help and representation when bringing a civil claim.
A) (i) Explain what is meant by a conditional fee agreement and when it is used; and (ii) Describe the other ways of funding legal help and representation when bringing a civil claim. Introduction Going to court can be a very expensive procedure, especially when the person in question has insufficient funds to cover all of the expenses. These include the solicitors cost and (in a situation that they lose the case) all of the opposing sides expenditures along with the fee they are being ordered to pay. This means that many people who have a strong and deserving case don't follow it up because of the risk of losing and having to pay the other sides' costs as well as their own. To help get rid of this problem the government developed conditional fee agreements. But not all legal problems require representation in court. Some situations can be settled outside of court, saving unnecessary hassle and expense. Other organisations and help centres have been set up to help people with legal advice and to give them general information. I will discuss these places in further detail later on in my essay. Conditional Fee Agreements In 1990 section 58 of the legal services act allowed conditional fee agreements to help people in situations I have previously mentioned, but only in cases of personal injury, insolvency and human rights. In 1998 conditional fee agreements were extended to
Contract - Business & Company Law
A contract is legally binding agreement between two or more competent parties in which an offer is made and accepted, and each party benefits. Each party are free to accept or reject the terms of the other. The distinguishing characteristic of a contract is that of an exchange made between the parties. Contract although a legally term occurs in our day to day activities. For example grocery shopping, when a person pay for the item, the person is accepting the offer hence a contact has taken place and the person is allowed to return some item if not pleased and money back for a specific period, Lawyers are not consulted, formal agreements are not prepared, In practice this usually works quite well. The object of a contract is the thing which it is agreed upon, the object of the contract must be lawful when the contract is made and possible and ascertainable by the time the contract is to be performed. Most business owners enter variety of contracts in the ordinary conduct of their day-to-day business sometimes people do not even recognize that they are entering into a contractual relationship. A contract can be Expressed and Implied - Express contracts are contracts that are in writing form . Implied contracts are formed through the conduct of the parties, it can be "implied in fact" or "implied in law" . A contract can be Oral and Written - a contract need not be
Jurisprudence theory
In Tamanaha's chapter "The Contemporary Relevance of Legal Positivism"1, the author addresses the relevance of current legal positivism by considering the changes and criticisms that it has undergone. He intends to reinforce the importance of positivism by reconsidering the relationship between law and morality. He goes a step further to highlight that perhaps, "natural lawyers ought to become allies of legal positivists in scrutinizing all natural law or natural law-sounding claims made by legal systems". Despite the obvious that Tamanaha classifies as being part of the legal positivist approach, his present view of the legal positivist theory, sharply raises doubt as to what extent he can be said and is willing to be considered as one. He acknowledges, "something is amiss with the theory", that it is suffering from a malaise. As to the origin of this, he recognises the separation thesis, Hart's unchanged concept and the inner division within the positivists as growing awareness outlines, that law is closely linked to morality. How then, can Tamanaha consider himself a legal positivist if he is questioning and ultimately doubting the ultimate theory of legal positivism? In an attempt to bring back to life legal positivism, he diverts from the negative image, described as "almost entirely pointless"2, to illustrate its contemporary benefits. His endeavour to achieve this
