Homosexuality Essay Example for Free

Homosexuality Essay In today’s society homosexuality is frequently discussed and the morality of being gay or not is questioned. Based on what culture, ethics, knowledge a person has acquired in their lifetime and how their parent, teacher, preacher, or other type of mentor views the issue, people will form their own beliefs about homosexuality. Each culture has their own values regarding the appropriateness of certain types f sexuality. In Michael Levin’s â€Å"Why Homosexuality is Abnormal,† he justifies that â€Å"homosexuality is abnormal and hence undesirable- not because it is immoral or sinful, or because it weakens society or hampers evolutionary development, but for a purely mechanical reason† (290). Michael justified that homosexuality is abnormal and then goes to state that the unhappiness of homosexuals is highly due to the misuse of bodily parts; therefore, they are bound to be unhappy. Levin’s thesis claims that the abnormality of the homosexuality does not make them to live a desirable way of life which, I completely disagree with. In disagreement with Levin, the use of bodily parts in a homosexual relationship is not a misuse, but an alteration of functions and the terminology of abnormal does not lead to unhappiness. Levin claims to state that the misuse of bodily parts in a homosexual relationship will lead to an undesirable and unhappy life. I will begin my argument with why the use of bodily parts in homosexual relationship is not misuse, but an altered function, can lead to a desirable and happy life. For instance, if one day LeBron James gets into a serve accident and becomes a paraplegic. His basketball career is terminated because he is paralyzed from the waist down, which means he is not capable of using his legs ever again. His ability to walk, run, jog, jump, swim, and etc. are now vanished; therefore, causing him to never play in the National Basketball Association. As time went by, he realized the inability to use his lower body parts in a common function was not going to stop him from playing basketball. LeBron decided he was going to play wheelchair basketball and continue his drive to play basketball because that is what makes him content. Through his altered body usage, LeBron learned how to maneuver and causing him to win multiple rewards in basketball. After winning multiple rewards, it made LeBron recognize that if one has the desire to be happy and shoot for their goals, than anything is possible. In the end, LeBron was just as successful using his altered body parts and the ability to function just fine like a normal human being. In respect to LeBron’s scenario, a homosexual’s body parts should not be judged just because the bodily parts are altered and used not in the way that Levin expects. Levin argues that the misuse of body parts causes unfullfillment, which than lead to unhappiness. He uses the terminology of â€Å"evolution† as a measurement to justify the idea that heterosexuals are normal human beings and homosexuals as abnormal because they are incapable of reproducing offspring. Levin argues â€Å"human beings have penises and vaginas because our ancestors who put their penises into vaginas (or put their vaginas around penises) tended to reproduce, passing along to have penises and vaginas and to use them in this way† (302). This is what genitalia are for is what Levin said and any other uses such as homosexuals are abnormal. So, basically what Levin is trying to say is that homosexuals can never be happy because they misuse their bodily parts, which causes them to never fulfill their desires and than leads to unhappiness. In a sense, â€Å"we are â€Å"programmed† through evolution to enjoy using our organs in evolutionarily adaptive (i. e. normal) ways† (302). My theory is that homosexuals can be happy. How is Levin to judge and say that it does not fulfill their desires and makes them unhappy? Why would people do things to make themselves emotionally hurt or unhappy? If homosexuals partake in homosexual activities, it is because that is what makes them emotionally happy from the inside, not because to partake in activities just for the hell of it. If that is what fulfills their personal desires than there should be nothing abnormal or wrong about it. Just because Levin does not have those personal desires does not mean he can criticize on others about it. Levin talks a lot about evolution and how our heterosexual ancestors who had penises and vaginas passing it down for the next ancestors; well, if one think’s about it homosexuals have also evolved over time too. Just because back then in society people did not talk about it and in present-day they do, does not mean homosexuals have not been around. The fact is that it has been around just not ever mentioned. For example, talking about sex was never mentioned in the old times, but present-day people talk about it in public. Overtime, society has gained more knowledge, hence making people acknowledge more about homosexuality. Since, homosexuality has been here throughout history and continues to evolve then, Levin’s statement about evolution implies the same for homosexuals making them normal human beings. Levin’s second argument is about using the terminology â€Å"abnormal† when misusing sexual organs. He never gives a clear definition on what is abnormal, but only for the fact what I have mentioned above. For Levin, an activity is abnormal in the relevant sense whenever it involves using an organ for purposes for which it was not intended (302). Implying that being abnormal is when one does not use the penis to penetrate through the vagina to fertilize eggs and reproduce offsprings. If this is how society should be and if is this how these organs should be used, then why is it that heterosexuals partake in activities such as oral sex and anal sex? â€Å"Levin argues that penises are for inserting into vaginas, not for inserting into mouths or other orifices; vaginas are for receiving penises, not for rubbing up against other vaginas† (302). This statement is being hypocritical because these are the same actions heterosexuals partake in also, making them â€Å"abnormal† as well. He misuses the word â€Å"abnormal. † The clear definition of abnormal means is extraordinary, uncommon, rare, or different. If Levin is calling homosexuals uncommon and rare, then what makes philosophy professors common? Being a philosophy professor is uncommon in a sense that only a small minority of people do it, but it is not â€Å"abnormal† in Levin’s sense. And since majority of the heterosexual population do partake in different activities using their genitalia for other purposes, this would make them common versus uncommon. Levin last argument is about the policy issues. He is trying to say society should protect their children because if the legislation provided rights to the homosexuals, then children will have the odds to become a homosexual. In his argument Levin even states, â€Å"If homosexuality is unnatural, legislation which raises the odds that a given child will become homosexual raised the odds that he will be unhappy† (295). Legalizing homosexuality means coming to the conclusion that it is acceptable to get married to the same gender and the government would have no objections against this action. If this occurred many religious practices would raise questions and make comparison to the Bible. If Levin were saying that homosexuals would cause harm to children if allowed by the government, then what would one say when children watch pornography or movies that show kissing the same gender or opposite gender? Present-day children are already watching TV shows that harm their knowledge. What difference would it make if a child found a gay couple holding hands or kissing? Also, how much knowledge can a little child retain, they can only have minimal understanding of what is going on. In society there are other issues such as violence, murders, terrorist attacks that are more harmful to children than homosexuals being together. Levin does not stop to evaluate that continuing to degrade homosexuals and define them as abnormal based on their desires will continue to divide up the society causing tension to build up and unhappiness. After all America gives the freedom to believe in one’s own practices without any judgments. In disagreement to Levin’s argument that the abnormality of homosexuality misusing their bodily parts causing unhappiness should also take into account of policy issues in Levin’s statement. Being unique and different than the majority of the norm does not mean they are harmful to the community. In America people have the right to worship in whatever they believe in; therefore, fulfilling one’s need by misusing bodily parts does not prove they are abnormal or can lead to unhappiness. In conclusion, determining the quality of one’s life is based on the fulfilling individual’s desires and a homosexual is clearly not destined to be unhappy with the abstract use of body parts. He or she can still live a happy life in altering their functions because that is what makes morally content and fulfill their personal desires.

Piracy of the Media Essay -- Music Sharing Internet

Piracy of the Media The use of the internet to download and share music files is a very controversial issue. This topic is especially of interest to me because I download music quite frequently. To get a better look at how frequently students do this, and whether or not they feel it is ethical, I decided to conduct a survey. I conducted a ten question survey of twenty freshmen students. Distributed in Hanson Hall, and all freshmen dorm, the survey was very straightforward and asked questions dealing with how often students used file-sharing programs and whether or not they felt it was ethical to do so. Other questions dealt with alternative options to downloading music and the legal action that ensues doing so. After conducting the survey, I came to the expected conclusion that the majority of students download music regularly. All but one of the students surveyed stated that they download music off a P2P (people to people) file-sharing program. Several people also, however, admitted that they felt that the piracy of music online is unethical. These were people who also said that they download music regularly. Their response as to why they continue to compromise their integrity was based on the fact that they did not feel that the record labels or the individual artists themselves were actually being adversely affected. In their minds, their downloading and sharing of this music is only helping the music industry, especially up-and-coming bands who are trying to develop a name for themselves. Instead of handing out promo CD’s, they can simply upload their music onto the internet and circulate their music that way; a much more inexpensive and effective method. For example, I had n ot heard of the band Good Charlotte ... ... record label if they request it. Possible results may include individuals being sued for downloading music. This may seem as a step in the direction of doing away with the free distribution of music online, but I feel that there will always be a loophole. Students can anonymously sign on and download music, or register under fake information. As seen in the past, as soon as one program is shut down, such as Napster, another one will pop up in its place; Limewire, Kazaa, Morpheus: the list goes on and on. In conclusion, the piracy of music is a hot topic these days. I feel that it will be a controversy for quite awhile, simply because of how difficult it is to prevent. Unless courts and the record labels take more legal action, the music industry will just have to sit back and watch us students â€Å"steal† money from them, money which they already have plenty of.

Productive and Counterproductive Behavior Paper

Productive and Counterproductive Behaviors Paper * * University of Phoenix * Instructor Julie Wilson * November 14, 2010 * * * * * * * * * * * * Productive and Counterproductive Behaviors Paper * Organizations strive to achieve one main goal and that is to be productive. No business wants to go under or stay in the same position year after year not growing. One does not have to really know the definition of productive and counterproductive because the word its self say plenty. To me, productive behavior says achieve goals and completing tasks. Counterproductive says just the opposite.This paper will analyze the relationship between productive and counterproductive behavior in organizations. The paper will define productive and counterproductive behavior; describe the impact that productive and counterproductive behaviors have on the job performance and the overall performance of an organization. I will also recommend strategies to increase productive behavior and decrease counterprod uctive behavior in organizations. * Productive behavior is defined as employee behavior that contributes positively to the goals and objectives of the organization (Jex & Britt, 2008).Productive behavior is the type of behavior just about every organization wants to have in their employees. Productive behavior types are those who want to achieve tasks and work great with the other employees to achieve those tasks. Counterproductive behavior can be defined as a type of behavior that goes against the organization in achieving goals. Example of counterproductive behavior is late for work, procrastination on assignments, and not returning on time for breaks so that some one else can take theirs. Productive behavior and counterproductive behavior relate to each other because they involve people. Productive behavior is most likely to have a positive impact on an organization. Productive behavior type employees tend to complete more tasks in shorter time or meet the deadline proposed b y management. Productive behavior affects the organization in accomplishing goals. The organization performance for productive employees will show in maybe revenue. In an organization, counterproductive behavior has a negative impact. The job performance from an employee who has counterproductive behavior shows up poorly in evaluation, tasks, and in revenue.The impact counterproductive behavior has on the organization can affect the organization. A company loses money to pay employee who does no work on the clock. A counterproductive employee can turn productive employees into counterproductive employee because of their lack of motivation some might be influenced easily. * There are many strategies management to increase productive behavior and decrease counterproductive behavior. To increase productive behavior management can reward those employees for their job performance. This will help keep up the motivation for productive employees.By offering incentives, employees will be qui cker to complete tasks in an overall productive and effective manner. To decrease counterproductive behavior, management needs to look at the employees they can help and those who are not up for change. The best solution is just to terminate the employee who is not up for change, so that this behavior does not become contagious. A proficient way to minimize the amount of counterproductive behavior is to make sure that employees understand that there are penalties for nonproductive behavior in an organization.By allowing employees to comprehend the negative effects of counterproductive behavior, an organization is making the fact that a counterproductive behavior is unacceptable aware to the entire employee staff. This should make employees who normally exemplify counterproductive behavior more aware of the negative effect they are having on the organization and that there are consequences for their negativity. * In conclusion, most organizations have two types of behaviors. The type s of behaviors are productive and counterproductive behavior.The two types of behaviors are noticeable in the workplace. The one working, come into work on time, first to arrive last to leave, and excited about work is the employee exemplifying productive behavior. In order for an organization to be successful, management has to choose which behavior to uphold in the work place.References Jex, S. M. , & Britt, T. W. (2008) Organizational Psychology. A Scientist-Practitioner Approach (2nd ed. ). : John Wiley & Sons. * * . * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

The Rise Of The Papacy - 1473 Words

The Rise of the Papacy Introduction The birth or the beginnings of the Papacy is a rather difficult task to really nail down to a specific time, place or person and also the growth of the Papacy was a rather slow and gradual process. In this modern age Rome has been associated with the birth place of the Papacy but history shows that Constantine moved the capital of the Roman Empire to Constantinople in the 4th century. In Constantinople the father of the church was referred to as the Pope. The word Pope simply means â€Å"father,† and in early times was used to refer to any important and respected bishop. In Rome the father of the church was referred to as the Bishop of Rome. It is the purpose of this paper to present evidence of the individuals that gave rise to the Papacy in the centuries between the 6th and 9th. How and Why the Papacy in Rome became the Center of Power There are several contributing factors that prompted the rise of the Papacy during the time name mentioned above, but the one event that prompted this rise was the fall of the Roman Empire. When Rome was attacked by the Lombards, the Goths and the Huns it left a trail of destruction and uncertainty. Also during this time Christian heresies were running rampant throughout the state. The effort of Constantine and Roman Church leaders is when the Papacy really started to gain ground and the rise to power. As historical evidence has shown, Constantine relocated the capital of the Roman Empire to ConstantinopleShow MoreRelatedThe Rise Of The Papacy Essay947 Words   |  4 PagesThe Rise of the Papacy There many Roman Catholics worldwide, who looks up to the Pope’s authority. The great question is, what is the foundation of the Papacy? The rise of the papacy came at a very important time in history, after the fall of Rome. In 380 CE, Emperor Theodosius I, made Nicene Christianity the state church of the Roman Empire. After this establishment, and the church was the top religion in Rome, order was a must. The head of the church normally known as the bishop, now knownRead MoreThe Rise of the Papacy948 Words   |  4 PagesINTRODUCTION This paper will look into the primary reasons for the rise of the Roman papacy to power, and a few of the many things that aided the papacy in getting there. The fall of the Roman Empire is clearly a key factor in the rise of the papacy, so a look into the factors that caused the fall of the Roman Empire is essential. Secondly, a look into how the church positioned itself, to step into the vacuum of power left behind by the fall of the Roman Empire will prove to be needed. Lastly,Read MoreThe Rise of the Papacy Essay1637 Words   |  7 PagesCHHI-301-D10 LUO FALL2013 PAPER 2 The Rise of the Papacy INTRO In the void left by the collapse of the Roman Empire, the bishop of Rome grew even more in both power and prestige beginning in the sixth century and continuing to the reformation in the ninth century. It is the aim of this paper to explain how and why the papacy in Rome became the center of power of the medieval world, the factors contributing to this dominance over Western Europe, and the positive and negative ramificationsRead MoreTHE RISE OF THE PAPACY Essay examples1637 Words   |  7 PagesIntroduction Early in history, the Roman papacy consolidated its power. It became one of the most influential organizations in the medieval period. This rise to power resulted from the decline in the Western Empire, the leadership of Roman bishops, and special grants that gave the church land holdings. This rise to power caused some positive ramifications, such as the protection of the church from heresy. However, the absolute power of the pope also caused corruption and abuses, many of which wouldRead MoreEssay about The Rise of the Papacy1770 Words   |  8 PagesThe Rise of the Papacy Barry Blankenship CHHI 301 - History of the Christian Church I Professor – Dr. Jeffrey S. Mayfield February 20, 2012 The Fall of A Great Empire and the Rise of the Papacy Before the fall of the Roman Empire you must stop and look at the power that was held within the millions of miles of land, building, people, cities, kings, and customs. The Roman Empire was not known for being just another city or empire but it was known for its strength, power and victoriesRead MoreThe Roman Empire And The Rise And Fall Of The Papacy1337 Words   |  6 Pagesin profound changes that demand a theological response. A candid but rational inquiry into the progress and establishment of Christianity may be considered a very essential part of the history of the Roman Empire and the rise and fall of the papacy. The history of the Papacy began over two thousand years ago with the reign of John Paul II. Peter, the humble fisherman of Galilee and an Apostle of Jesus Christ, became the figure head and the basis for the institution that has outlined not only theRead MoreThe Christian Era Of The Western Roman Empire1424 Words   |  6 Pagesthe full potential of the papacy was Leo the Great. In his two decades of servitude, he planted the seeds of Christian control to come over the next millennia in asserting the pope’s authority over other bishops by the power of the keys, granted by Jesus to Peter. In doing this Leo the Great positioned the pope as the sole arbiter in holy matters, establishing the position as that of enormous spiritual power. With the collapse of Roman authority in the West, the papacy found itself well positionedRead MoreChhi 301 Paper 21749 Words   |  7 PagesPAPER 2 Submitted to: Dr. Nickens Liberty University Online Lynchburg, VA by Richard M. Shouse June 17, 2013 Introduction: In response to the how and why the papacy in Rome became the center of power as it did. Shortly after the Fall of the Roman Empire there was a fight for power between several barbarian tribes like the Ostrogoth’s, Goths, Visigoths, Vandals, Saxons, Huns, Franks, Lombard’s, Burundians, and others. The two major tribes were the Ostrogoth’sRead MoreThe Fall Of The Roman Empire1216 Words   |  5 Pagesthe void left by the fall of Western Roman Empire. Several factors led to the papacy in Rome becoming the center of power. First, the church gained unsolicited popularity through the early relationships with the apostles. The office of the pope came from the apostle Peter who Christ gave authority in the church, a prominent leader and appointed as the guide for His people. Pope Damasus I, got the foundation for papacy based on the conversation between Peter and Jesus. Damasus belief in the apostolicRead MoreComparative Essay on Uniformitarianism and Catasophism1386 Words   |  6 PagesThe Rise of Papacy The rise of the papacy came at a time when the Roman Empire collapsed and there was chaos as it related to the bishops who held office in Rome and what religion would be at the forefront of the representation of the west or east of Rome since its demise. The term â€Å"papacy† (papatus), meant to distinguish the Roman bishop’s office from all bishoprics (episcopatus), and The Head of the Roman Catholic Church the pope is considered the successor of Peter and the vicar of Christ

The Financial Ombudsman Service Essay - Free Essay Example

Sample details Pages: 7 Words: 2025 Downloads: 7 Date added: 2017/06/26 Category Law Essay Type Essay any type Did you like this example? The Financial Ombudsman Service The Financial Ombudsman Service (FOS) is stated to be The official independent expert in settling complaints between consumers and businesses providing financial services. It is a public body that was established by Parliament and is authorised to deal with a very broad range of complaints in areas ranging from banking and insurance, to loans, credit and hire purchase and savings and investments. The standard it applies when determining complaints, is what in the opinion of the ombudsman is fair and reasonable in all the circumstances of the case ; with the ability to award fair compensation for loss or damage. Indeed, the FOS has come to enjoy a considerable reputation due to its efficiency, independence, and impartiality when dealing with complaints, dealing with almost a million enquiries, settling over 150,000 disputes a year, and settling a third of cases within three months. Don’t waste time! Our writers will create an original "The Financial Ombudsman Service Essay" essay for you Create order In fact, in the latest six-monthly (between 1st January and 30th June 2010) complaints data released on individual financial businesses, the FOS received 84,212 new complaints and upheld an average of 44% of complaints in favour of consumers. The FOS has therefore demonstrated a strong complaints-handling performance with cases usually settled informally. Moreover, consumers are still free to reject a FOS decision and take their case to court instead if they so wish. Given such credentials, it might seem to be the case that consumers having complaints relating to insurance are well protected under the FOS regime. However, it is submitted that the draft Consumer Insurance (Disclosure Representations) Bill (the Bill) recommended by the Law Commission (LC) is of significant practical benefit to consumers, and brings a great deal to the table in relation to insurance contracts. In fact, if enacted the Bill would represent a watershed in the law governing disclosure and represen tation in consumer insurance contracts. Inherent difficulties stem from the fact that this area of law is governed by archaic legislation in the form of the Marine Insurance Act 1906 (MIA 1906). The main difficulty is that the MIA 1906 stipulates that A contract of marine insurance is a contract based upon the utmost good faith, and, if the utmost good faith be not observed by either party, the contract may be avoided by the other party. In fact, this principle of utmost good faith or uberrimae fidei is of antiquated origin and imposes very strict disclosure requirements on the part of the assured to an insurance contract. Thus, the assured must disclose every material circumstance which is known to the assured , with the assured being deemed to know every circumstance which, in the ordinary course of business, ought to be known by him. Furthermore, material circumstance is expounded as including Every circumstance is material which would influence the judgement of a pruden t insurer in fixing the premium, or determining whether he will take the risk. The relevant test was elucidated upon further in Pan Atlantic Insurance Co Ltd Another v Pine Top Insurance Co Ltd where the House of Lords held that the test of materiality of disclosure required any relevant circumstance to have had an effect on the mind of a prudent insurer in weighing up the risk, i.e. objective in nature. However, a certain degree of subjectivity was also attached to the test in that it was also held that an insurer would only be entitled to avoid an insurance policy if the material non-disclosure or misrepresentation had actually induced the making of the policy. Finally, every material representation made by the assured or his agent to the insurer prior to the making of a contract must be true or the insurer may also avoid the contract, even for honest mistakes leading to untrue material representations. Consequently, if the assured fails to disclose all such material inf ormation the insurer may avoid the contract and refuse to pay out for any claim under the insurance contract. Thus, whilst this strict duty of disclosure may have been pertinent for commercial merchants at the turn of the twentieth century, it is difficult to justify the policy behind its continuation into a twenty-first century replete with a plethora of insurance contracts taken up by ordinary lay consumers. Its often harsh and unfair effects are exemplified by the case of Lambert v Co-operative Insurance Society Ltd. In Lambert, the Court of Appeal held that an insurer was entitled to avoid an insureds policy on the basis that the insured had failed to inform the insurers that her husband held previous convictions, even though she had not been asked this. Nevertheless, the convictions were held to constitute material circumstances which should have been notified to the insurers under the prudent insurer standard. Even whilst acknowledging the point in law proved by the defe ndants, the judge professed that they would be acting decently if they were to pay her nonetheless, even adding that It might be thought a heartless thing if they did not, but that is their business, not mine. Even in 1975 one can see the excessive nature of the uberrimae fidei standard acting to the detriment of the innocent party. It is one thing for Parliament to set out insurance requirements precluding any misrepresentation at a time when the insurance market was in its infancy (following the Lloyds Act, 1871); it is quite another to continue to impose such draconian standards on millions of ordinary consumers a century later. Indeed, as recognised by the LC: We think the time has now come to update the law to meet the needs of a different century ; with it identifying five main problems with the existing law. Firstly, it found that consumers were only able to obtain justice from the FOS and not from the courts, as the courts were forced to apply the unfair rules. Mor eover, the LC stated that the compulsory jurisdiction of the FOS was limited to awards of ÂÂ £100,000. This effectively sets a dual standard depending on whether the consumer is rich or not, with those individuals insured for figures in excess of ÂÂ £100,000 (e.g. buildings or life insurance) forced to take their chances in courts with much stricter standards. The LC noted the FOS would decline to hear cases which required cross-examination of witnesses, so cases venturing into complex areas or involving third parties again ostracised consumers. Secondly, the LC considered the current rules were unacceptably confused, with many consumers not realising a right to complain to the FOS, and with the resulting muddle leading to a loss of confidence in the insurance industry. Thirdly, the LC believed the legal system penalised some vulnerable groups and cited problems experienced by older individuals, those with criminal convictions , or even those with Multiple Sclerosi s (owing to early but undiagnosed symptoms leading to a rejection of critical illness insurance claims). Fourthly, the LC believed the system imposed an inappropriate role on regulators, as the FOS and Financial Services Authority were forced to effectively act as policy and rule-makers. Additionally, the courts were systematically forced to reach unfair decisions. Finally, in the face of across-the-board European Union harmonisation, it stated that it was difficult to justify the present incoherent layers of law to an international audience. The LCs recommendation for reform of the onerous legal position in which the strict letter of the law had been overlain by successive layers of self-regulation, FSA rules and FOS guidelines , took the form of the recommended enactment of the Bill. Under the Bill, a consumer insurance contract (CIC) is defined as one entered into by an individual wholly or mainly for purposes unrelated to the individuals trade, business or profession. T he Bill replaces the duty of utmost good faith by instead stipulating that: It is the duty of the consumer to take reasonable care not to make a misrepresentation to the insurer in any disclosures or representations made by the consumer to an insurer prior to entering into, or varying, a CIC. Reasonable care is said to be determinable in the light of all the relevant circumstances. This includes things such as the type of consumer insurance policy in question, and its target market ; the insureds produced or authorised explanatory materials or publicity ; the clarity and specificity of the insurers questions ; and whether or not an agent was acting for the consumer. Also the Bill, prevents contracting out of these obligations by putting the consumer in a worse position , or the use of basis of the contract clauses, namely clauses which convert consumer representations into warranties, breach of which automatically terminates insurance cover. The Bill also provides for bala nced insurers remedies for different types of misrepresentations. For example, an honest and reasonable misrepresentation by the assured does not affect the validity of the insurance contract whereas a deliberate or reckless qualifying misrepresentation allows the insurer to avoid the contract, refuse any claim and keep any premiums paid (unless good reasons exist why they should not be kept). However, the insurers remedies for any careless representations are based on what the insurer would have done if the consumer had complied with the reasonable care duty. This ranges from avoiding the contract to proportionate reduction of a claim (because the insurer would have charged a higher premium). Although widely accepted, the proposed reforms are not without criticism. For example Soyer has argued that the reasonable assured test for materiality is nebulous and has not been previously tested; that the availability of proportionate remedies may lead to uncertainty as well as being open to criticism from theoretical and economic perspectives; and that statutory control is not practical and undesirable. Nevertheless, it is submitted that such criticisms are weak in the face of the currently manifestly unfair application of dated insurance law principles which are adversely affecting consumers. The law is clearly in need of reform and the proposals set out in the Bill clearly represent a fairer, more balanced and transparent process relating to consumer insurance contracts. Butcher has even suggested that to talk of insurance contracts as being contracts of good faith tends to be either useless or positively harmful to a coherent development of the law. He considers good faith to be a redundant concept, with rules now in place which have gone a good deal further than necessary to maintain good faith relations, and which have provided insurers with a weapon which produces the opposite results of what good faith would demand. Whilst it is true that the s ervice provided by the FOS is currently invaluable to thousands of insurance consumers across the UK, it cannot be a viable substitute for properly focused and balanced reforms. The Bill achieves this and it is submitted there is no reason to delay its enactment. Bibliography Achampong, F. (1987) Uberrimae fides in English and American insurance law: a comparative analysis. I.C.L.Q., 36(2), 329-347. Bennett, H.N. (1993) The duty to disclose in insurance law. L.Q.R., 109(Oct), 513-518. Butcher, C. (2008) Good faith in insurance law: a redundant concept? J.B.L., 5, 375-384. Hird, N. (1998) How to make a drama out of a crisis. J.B.L., May, 279-287. Soyer, B. (2008) Reforming the assureds pre-contractual duty of utmost good faith in insurance contracts for consumers: are the Law Commissions on the right track? J.B.L., 5, 385-414. Soyer, B. (2009) Reforming pre-contractual information duties in business insurance contracts one reform too many? J.B.L., 1, 15-43. Steyn, J. (1992) The role of good faith and fair dealing in contract law: a hair-shirt philosophy? Arbitration, 58(1), 51-56. Tarr, Julie-Anne and Tarr, A.A. (2001) The insureds non-disclosure in the formation of insurance contracts: a comparative perspective. I.C.L.Q., 50(3), 577-612. The Financial Ombudsman Service (2010a) [Online] Available from: https://www.financial-ombudsman.org.uk/. [Accessed 1st December 2010]. The Financial Ombudsman Service (2010b) About us. [Online] Available from: https://www.financial-ombudsman.org.uk/about/index.html. [Accessed 2nd December 2010]. The Financial Ombudsman Service (2010c) ombudsman releases latest complaints data on individual financial businesses. (14th September) [Online] Available from: https://www.financial-ombudsman.org.uk/news/updates/complaints-data-Sept-10.html. [Accessed 2nd December 2010]. The Law Commission (2009) Consumer Insurance Law: Pre-Contract Disclosure and Misrepresentation. Law Com No 319, Cm 7758, SG/2009/255 (December).

A New Superintendent Of An Urban School District Essay

1. Issue A new superintendent in an urban school district believes educators are trained to run schools and should do so with the least amount of interference possible. For this reason, an ethical crisis arises when the district decides whether or not to close a local high school. While public relations officers want district administration to be as transparent as possible to remain honest and open, the superintendent and other schoolboard members want to hold meetings with no media present. This facts of this case will become clear through explication. 2. Relevant Facts: This scenario takes place in a school district with 40 schools and 35,000 students. Its superintendent accepted a state-level position and was subsequently replaced. As families move to the suburbs, the district financially struggles to keep all four of its high schools open and considers closing one. The schoolboard approached the idea previously but faced backlash. Thus, administrators now try to resolve the problem behind closed doors. The superintendent and the schoolboard’s members has held more than one meeting about closing the school without media or members of the public present. During one of these meetings, the superintendent stated, â€Å"If any reporters show up, I will change the subject.† Although a public relations officer was appalled, at this point he said nothing. Nevertheless, shortly after the meeting, some high schools principals began to spread news, and the administration respondedShow MoreRelatedRole Of The 21st Century Public School Superintendent4547 Words   |  19 Pagespublic image for the corporation. The role of the 21st century public school Superintendent often mirrors that of a corporate CEO. The superintendent is responsible for a multi-million-dollar budget, the management of a large employee pool, and the expectations for high stakes profits are in the form of standardized assessment scores. 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Albert Speer 5 Essay Example For Students

Albert Speer 5 Essay Albert Speer Outline Albert Speer’s Role within the Nazi regime Albert Speer’s Role in the Nazi Regime primarily was centred on a couple of areas, his work as the General Building Inspector (GBI), the chief architect of the Reich and his role as Armaments Minister. Speer’s ascendancy within the Nazi hierarchy has been described by Henry King as ‘vertical and ladder like, Speer was an intelligent, affluent and well educated man and there is no doubt that he made a remarkable progression through the ranks of the Nazi Party. In less than ten years Albert Speer no longer was the humble architect but became the master of the German economy and production in Germany. In December 1930 Speer attended a Nazi rally after he had heard some of his students discussing the policies of the Nazi party, and was intrigued to learn more about Hitler. In attending the Nazi rally, Speer became fixated upon the extraordinary oratory skills of Hitler whom on the occasion dressed professionally in a suit. Speer applied for membership and was accepted on the 1st of March 1931. This was two years before Hitlers rise to the position of Chancellor and it reveals that Speer saw that Hitler was the right individual to take Germany back to its glory days and was not one of the countless Germans who joined after 1933. This is evident as Speer was given a party number which was 474481. Speer in his memoir ‘inside the third Reich’, gives reason to why he joined the Nazi Party which was the fear of communism, admiration for Hitler and the rejection of the Treaty of Versailles and what it had imposed upon the German people. He joined several Nazi organisations including the NSKK (motoring corps), becoming head of his local sub-branch. In 1933 Karl Hanke a Nazi official was the first to make contact with Speer, whom asked Speer to redecorate a villa he recently started renting. Hanke was pleased with the resulting work recommended Speer to Goebbels to Ministry of Propaganda building in Berlin. Speer designed the 1933 May Day rally in Berlin after criticising the original design he saw on Karl Hanke’s desk, whom was now state secretary to the Minister for Propaganda. Speer stated that it would be a rifle meet, and Hanke responded in challenging Speer to submit a new design. The new design as Speer later learned that his design pleased Hitler, whom adored the large party banners incorporated into the rally. Organisers of the Nuremburg party rally asked Speer to submit a design, Rudolf Hess and the other organisers were apprehensive in approving the design and asked Speer to go to Munich to get approval from Hitler. Hitler without taking a look at Speer instantly approved the design and this awarded Albert Speer his first Nazi post as Commissioner for the Artistic and Technical Presentation of Party Rallies and Demonstrations. Albert Speer has maintained the perception that he was not anti-Semitic even though this was part of the core Nazi ideology. In his role as the General Building Inspector he was directly responsible for the evictions of Jews, whom he relocated to the east, the pretence given was for the flats to be available for non-Jews whose homes have been damaged by British air raids. Tens of thousands of flats were cleared by his order. It has been constantly argued by historians of whether Speer attended the meeting at Posen in where Himmler presented the Final Soulution and the need to eradicate all Jews from society. Speer’s biographer, Dan van der Vat, acknowledges that Speer must have known of it and was probably there due to his high status amongst the Nazi Hierarchy. Speer became a workaholic who neglected his family due to the increasing strain his new duties involved such as the 1936 Berlin Olympics in redesigning the new stadium to fit the demands of Hitler and Germany’s pavilion in the Paris World Fair in 1937. By 1937, Speer became the leading architect for the third Reich, with the support of Hitler. In 1937 he was appointed General Building Inspector, in this role Speer would oversee the redesigning of Berlin which would become the Reich capital known as Germania. To accomplish his needs Speer was given the highest German civil grade. Speers talent for organisation served him well as a public servant. When war the war broke out in 1939, Speer had amassed a plethora of building materials and trucks and a building staff of thousands of workers prepared to rebuild damage from British air raids. Furthermore Speer granted the use of the resources from his ministry towards the war effort. In February 1942, Fritz Todt the minister for weaponry and munitions and civil engineer died in a plane crash. At 1:00pm on that same day Albert Speer was summoned to Hitler’s office that appointed Speer as Todt’s successor and assumed all of Todts offices. In this role Speer became responsible for German Construction and energy industries. Speer reorganised the munitions industry to make it more efficient, which resulted in production increasing exponentially to its peak in 1944 despite ongoing Allied air bombing. His ministry gained the power to punish arms manufacturers or construction contractors who made false claims for labour, equipment or resources. His first move under this provision was to send two managers to a concentration camp (without trial) for using conscription-exempt workers as domestic servants. Within taking over from Todt, Speer in six months had increased the German output of ammunition, cannons and tanks. Speer stressed three areas innovation, flexibility and improvisation. Hitler was very pleased with Speer’s work, he granted Speer unusual levels of freedom, which allowed Speer to have free reign within the government. In May 1942 he was appointed one of two co-dictators of transport. The railways became more efficient. A large number of labour forces were sent to the east, to build roads in order increase the efficiency of mobility in the East. Many of the labourers used in Speers various activities were slave-workers from concentration camps, workers conscripted from occupied countries or prisoners of war. For the purely practical reason that healthy workers work harder, Speer tried to ensure that his workers at least received an adequate diet. In January 1944 health problems put Speer into a clinic and long convalescence (until April 1944). During this period of isolation and reflection he apparently became disenchanted with Hitler. By this time the war situation had become so bad for Germany that even Speers administrative talents and efficiency drives were unable to stem the tide of disasters. In mid-1944, when Hitler ordered his Minister of Armaments to stop producing fighter aircraft in order to increase anti-aircraft gun production, Speer ignored the Fuhrers orders for the first time. In November 1944 Speer admitted privately to Goebbels that it was unrealistic to believe in a German victory. In January 1945 he publicly admitted that even the secret weapons, the V1 and V2 rocket bombs, would not save Germany. In February 1945 Speer apparently decided to remove Hitler by gassing him in his bunker. He justified his decision by a passage from Mein Kampf in which Hitler had argued that a leader who betrayed the interests of his own people should be removed. Speer claimed that he gave up on this project because he found the bunker roof heavily guarded by the SS and an inaccessible new three-metre high chimney for the bunkers air vent. Don Quixote Chivalry EssayWho would believe me that I suppressed this, that it would have been easier to have written all of this in my memoirs’. Subsequently in assessing Speer as the real criminal of the Nazi regime, it is crucial to examine the methods of which Speer used to bolster production of arms. Speer to achieve this utilised prisoners of war and men from the concentration camps as a source of labour, but was forced to do this since Speer wanted to use women. Hitler fixed on Nazi ideology believed the place of women were in the home as mothers which led Speer to take the easier path by using slave labour. Himmler had attempted to convert concentration camps into armaments factories to come under the jurisdiction of the SS, who were harsh in their treatment of prisoners would prove detrimental to the production of arms due to working conditions. Speer went to Hitler and insisted in gaining control of those camps from Himmler, to his own ministry on the premise that conditions of workers hold be improved. Speer enacted several measures that would see to the prisoners that adequate sanitation, nutrition and access to medical services was made available to prisoners in ‘Dora’, and the underground rocket production factory in the Harz Mountains. But in essence this was not a demonstration by Speer to show he is compassion towards the well being of prisoners. The real motive behind this was to ensure that the workers were productive and in ensuing that productivity was high. In considering the idea of the real criminal of the Nazi regime, it is hard to look past the character of Albert Speer and how he conducted himself in the Nuremburg Trial. Speer survived the Nuremberg Trials, by appearing less culpable in the organisation and implementation of crimes against humanity than his fellow defendants. He accepted collective responsibility for the atrocities committed by Hitler’s regime, but denied knowledge of the final solution until May 1945, after the German surrender. This differentiated Speer from the other Nazi elite, whom knew of the persecution against the Jews. Speer argued that when he joined the Nazi party in 1931, he did not research the aims of the party, of which anti Semitism had a crucial role in the policy making of the third Reich. He expressed guilt for his naivete and, in this extract from Inside the Third Reich and judges himself perhaps more harshly than Nuremberg: Not to have tried to see through the whole mystification was already criminal For being in a position to know and nevertheless shunning knowledge creates direct responsibility for the consequences by entering Hitler’s party I had already, in essence, assumed a responsibility that led directly to the brutalities of forced labour, to the destruction of war and to the deaths of those millions of so-called undesirable stock to the crushing of justice and the elevation of evil I will never be free of that sin (Albert Speer) At the Nuremburg Trials, the majority of the Nazi’s pleaded that they were following the orders of Adolf Hitler. Speer spoke at the Nuremberg trials of an attempt to assassinate Hitler, and his defiance of Hitler’s orders regarding the scorched earth policy. These statements had a profound effect on the prosecution and it gave a very favourable effect on Speer’s sentence, with the court recognising that they both involved considerable personal risk. If Speer had gone through with such a plot it would surely meant death, as Hitler saw Speer as his most trustworthy and loyal ally within the Nazi Party, and this was recognised by the tribunal. Speer because of this differentiated himself, though he was guilty of his actions of using slave labour he was not sentenced to death like the majority of those tried at Nuremburg but sentenced to jail in Spandau Prison for twenty years. Despite his claims to be ignorant of the final solution, and thus innocent of crimes against humanity, historians question how a member of the inner circle, with a close relationship with Hitler. How could Speer with his position in the inner circle have been oblivious to the persecution of any non-Aryan race or culture? This was not questioned during the Nuremburg Trials but is an area of controversy that surrounds Speer and his title of being the self proclaimed good Nazi. Evidence to support that other, inner circle members knew about the Final Solution and the persecutions committed by the Nazis. Hermann Goering during the Nuremburg Trials that despite not being involved with the concentrations camps like Speer was with the slave labour programs in the concentration camps throughout the war. Goering knew of the persecution, so how Speer could have been possibly been oblivious to this during his involvement in the concentration camps is quite profound in itself. During his time in jail Speer wrote his memoirs, Inside the Third Reich and Spandau: The Secret Diaries. It was widely considered as reliable sources by historians in examining Nazi Germany within the perspective of a member of Hitler’s inner circle; however it has become an inaccurate source and an area of inconsistencies by Speer himself. At the beginning of Speer’s memoir Inside the Third Reich found inconsistencies between his 1943 self titled biography in which Speer describes himself as’ one of those who fervently committed themselves to National Socialism’ and his 1969 memoirs where Speer claimed that he was allergic to any political commitments. It is possible to argue that Speer post Nuremburg has tried to cover his actions within the regime and remodel himself under the tile the good Nazi, and establish himself as an individual ignorant of the policies and politics of the Nazi regime. Albert Speer in light of the criticism that has befallen him has revealed in his memoir that he is trying to rid himself of responsibility of crimes against humanity, by arguing that ‘he was allergic to political commitments’. This perspective on Speer is established by the historian Matthias Schmidt whom examined the role of which Speer played during the war and in the holocaust. In light of evidence against Speer, it becomes apparent of how he does not fit the title of the Good Nazi, as his actions alone prolonged the war which coincides with more Jews being transported to death camps and murdered. Therefore Speer is the real criminal of the Nazi Regime and it is rightly justified by Speer’s own admission in the remark ‘By entering Hitler’s party, I had already assumed the responsibilities that led directly to the brutalities of forced labour to the destruction of war and to the deaths of the so called undesirable stock to the crushing justice and elevation of evil’. The prosecutors at the Nuremburg Trial and society itself were fooled by the cleaver, intellectual Nazi Albert Speer who is the real criminal of the Nazi regime.