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Tuesday, August 25, 2020
Analyse and research of area related to criminology (based on Essay
Investigate and research of region identified with criminology (in view of article)) - Essay Example The motivation behind this examination is to look at the utilization of the web as an apparatus for sexual predation, especially by ladies. Following a writing audit on the theme, 50 members from the North-East of England to analyze the amount of a risk female sex guilty parties are seen to be with regards to digital wrongdoing. Martellozzo, Nehring and Taylor (2010) set up that females do in reality utilize the web to target youngsters as a feature of a sex offense. Nonetheless, the region has not gotten a lot of consideration, and along these lines there can be an untouchable about female sex guilty parties and it tends to be hard for criminal examinations to reach a strong resolution, as the territory is ineffectively comprehended. Martellozzo, Nehring and Taylor (2010) portray the utilization of the web by female sex guilty parties as a ââ¬Ëemerging problemââ¬â¢ (p1) which should be tended to in a criminological way to completely comprehend the results and noteworthiness of the issue. It is maybe critical to characterize what establishes kid maltreatment in an electronic way to completely comprehend the setting of the article. Youngster sexual maltreatment in a cybercrime setting can incorporate (however isn't constrained to) sharing and downloading of sexual photography of underage people, the utilization of express language in talk rooms and through other online media, and the drawing closer of minors with the point of beginning a sexual relationship in the ââ¬Ëreal worldââ¬â¢ (Martellozzo, Nehring and Taylor, 2010, p2). The web permits these exercises to be directed with a level of mystery, which implies that youngsters are regularly more in danger of these exercises online than they are in the ââ¬Ëreal worldââ¬â¢, despite the fact that the impacts might be similarly as harming. The examination associated with crafted by Martellozzo, Nehring and Taylor (2010) comprised of an exploratory technique including assortment of subjective information from open meetings with 15 female sex guilty parties post-capture. These
Saturday, August 22, 2020
Statistical Analysis in Nursing Essay Example | Topics and Well Written Essays - 1250 words
Measurable Analysis in Nursing - Essay Example 2.Non parametric tests like Chi square tests and Fischerââ¬â¢s test (as utilized in this investigation) are utilized when the example size is little and doesn't speak to the populace in totality and furthermore when the factors are ordinal, ostensible and discrete factors( factors which can't be estimated and regardless of whether estimated can't be extrapolated to decimal spots). Chi square worth assesses the affiliation or freedom between the two factors. On the off chance that the likelihood esteem (p esteem) for invalid theory for a specific estimation of chi square surpasses the basic chi square worth then it is construed that the two factors are not autonomous and the two factors are altogether connected with one another. ... ean significance esteems for each factor for the gathering of 21 medical attendants considered which were probably going to impact dynamic examples were-future wellbeing status, 39%; family input, 19%; individual's age, 13%; additional expense to organization, 12%; utilitarian status, 10%; and mental skill, 6%. There were three other dynamic examples, each displayed by one medical caretaker: One attendant depended intensely on mental capability (43%) and individual's age (52%), another stressed mental skill (43%) and utilitarian status (29%), and the third utilized additional expense to office (66%) enhanced by individual's age (18%) for treatment of ID. Medical attendant's work site, age, instruction, and long periods of experience didn't separate among these dynamic examples in this little pilot study sample.(These factors were not related or connected with dynamic ) 3. Parametric tests like Studentââ¬â¢s t test and ANOVA small not reasonable for this investigation as on the gro unds that the factors being referred to were not quantitative variables(measurement factors) and furthermore in light of the fact that the example size was excessively little. 4. The qualities of the examination was instead of a prescriptive or standardizing point of view on dynamic the technique uncovered how really a dynamic occurs in a genuine recreated circumstance. The estimations were proper comparable to chi square, Pearsonââ¬â¢s r and Fischerââ¬â¢s test thinking about little and non-delegate test of the all out populace. The examination configuration incorporated all the proper factors that could have influenced dynamic procedure. The impediments were the example size which should have been more to have a right extrapolation to the ID populace treated at the ED on totality. Certifiable dynamic may leave based on what was found in this investigation since recreation gives just an estimation of
Sunday, July 26, 2020
my application essays
my application essays Its been four years since I applied to MIT, and while Ive been irrevocably changed in many ways (my meme game has improved exponentially), I am sadly still 52. Thats 157 cm, for the 95.7% of humans who dont reside in America. Autumn came late this year; the leaves are only now ripening. The sky is full-bellied with sunshine. Still, were on the verge of November, and Im reminiscing about my own early action application. Heres what I wrote about, and what I would change if I could do it all over again. Of course, this is only one approach to the essays. The most important thing is to be true to yourself. We know you lead a busy life, full of activities, many of which are required of you. Tell us about something you do simply for the pleasure of it. (100 words or fewer) I wrote this essay about K-pop. However, before I wrote about K-pop, I considered writing about a myriad of other things. I posted to College Confidential, asking which topic would best showcase my abilities, and promptly got roasted for trying to turn this essay into another opportunity to humblebrag. Lesson learned. Its actually okay to do things for fun, guys. I still love K-pop; however, I could also see current-me writing an essay about memes or naps. I didnt truly appreciate the value of either of these things until I got to college. Although you may not yet know what you want to major in, which department or program at MIT appeals to you and why? (100 words or fewer) I initially misunderstood this question and wrote about wanting to help out with the Harvard-MIT Math Tournament, which I participated in during high school. Then my dad was like, Im pretty sure they mean an academic program, and I wrote a new essay, which you can read below: With passion for both English and mathematics, Iâm drawn to MITâs unique writing department, which offers both creative and science writing. Iâm particularly interested in 21W.742[J] Writing about Race and 21W.032 Science Writing and New Media. In my own work, I examine an Asian-American narrative often marginalized in the media; these courses would allow me to explore new ways of bringing visibility to this identity. In addition, I want to study the roles writing can play outside of literature and learn how I can meld my interests to do something that will make an impact. In retrospect, this essay couldve focused more on why I particularly wanted to study at MIT. I didnt look at the course catalog too carefully. I simply pulled the titles of some classes that sounded interesting and relevant. Perhaps similar courses are offered at other schools; I shouldve researched more about what made MIT unique. (Current-me can confirm MIT does have a pretty kick-ass writing department.) At MIT, we bring people together to better the lives of others. MIT students work to improve their communities in different ways, from tackling the worldâs biggest challenges to being a good friend. Describe one way in which you have contributed to your community, whether in your family, the classroom, your neighborhood, etc. (200-250 words) I wrote about organizing my schools Harvard-MIT Math Tournament team and about starting an online writing mentorship program. Current-me wants to be obnoxious and point out that leading is not necessarily the same as contributing, but to seventeen-year-old Rona, these examples were the most obvious ones to write about, even if they werent truly the most impactful. Still, I cared a lot about these initiatives, had fun carrying them out, and saw their effects ripple through the communities I was part of. Maybe thats all that matters. Describe the world you come from; for example, your family, clubs, school, community, city, or town. How has that world shaped your dreams and aspirations? (200-250 words) For this one, I wrote about slam poetry: The stage lights burst open, blinding and white. I trembled. I was at the citywide poetry slam, Verselandia, about to perform in front of hundreds. Earlier in the month, I had qualified through my high schoolâs contest, which I had signed up for because, âHey, there might be free cookies!â (There were not.) At the time, I didnât know much about spoken word besides from street performers (this was downtown Portland, after all). But I practiced in front of my mirror, my friends, and my faithful stuffed animals. Ultimately, Iâd placed first at school. At Verselandia, I watched others perform about abuse, racism, and feminism. A few talked about their LGBTQ+ identities; one addressed bisexual erasure, which I could personally relate to. Slowly, I realized that writing didnât serve just as a cathartic outlet; it could startle others into empathy and create awareness. At the slam, I delivered lines like âYour heritage is more than an exotic enigma.â Afterwards, several Chinese-American classmates told me they could relate. I realized that my writing had the power to give these experiences visibility, which in turn might help erase damaging yet common preconceptions about my ethnicity. As a Portland Youth Poet Ambassador, I have opportunities to not only promote creative writing, but also advocate for social equality. Through poetry, I want to depict not only a narrative from a person of color, but also a narrative of a queer person of colora perspective almost completely obsolete in the media. In my opinion, this essay doesnt do a great job of answering the actual question; it doesnt provide a good sense of what Portland is like, or how it has shaped me. In retrospect, the coolest part of doing slam poetry was the opportunity to see Portland outside of the upper-middle-class suburban bubble I resided in. Through poetry, I met kids from all over the city. Each one of them had something to say: sometimes devastating, sometimes uplifting, but always astonishing. I wish I had focused more on that. Tell us about the most significant challenge youâve faced or something important that didnât go according to plan. How did you manage the situation? (200-250 words) I had a lot of trouble with this essay, because I wasnt sure if I could write about a personal family issue. I fretted. Maybe it was oversharing; maybe I should stick with a safe topic, like failing my drivers ed test or not having a prom date. Ultimately, though, I took the risk, and I dont regret it. If youre applying to college this year, my best advice is to be yourself. Its overused, I know, and whether or not any of us even have a self is a discussion for another blog post. But the application process is an opportunity to reflect upon the last several years of your life; dont squander it by writing what you think someone else might want to hear. Also, being genuine seems way less stressful. Good luck! Post Tagged # ¯\_(?)_/ ¯
Friday, May 22, 2020
Comparison of Shakespeareââ¬â¢s Romeo and Juliet and Austenââ¬â¢s...
Shakespeareââ¬â¢s Romeo and Juliet and Austenââ¬â¢s Pride and prejudice are two completely different texts as one dialogue to represent feelings of love, whereas the other novel which uses description of the characters feelings to portray strong love. Shakespeareââ¬â¢s wrote the famous love story in English literature in the 17th century whereas Austen lived in the 19th century which I believe contributes to their views on love and the time they lived in affects their characters and techniques of writing. Romeo and Juliet explore love and tragedy when the two protagonists fall in love except they come from families which have extreme dispute and hatred between each other. However they are so much in love they go against and disregard their familyââ¬â¢s rivalry and marry despite the fact that the story ends in catastrophe as their love is so strong that are prepared to die for each other and so they do. Whilst in pride and prejudice we explore two protagonists Elizabeth Bennet who is seen as an intelligent young women with a lively wit which enables her to pervade her class and spiteful society she lives ain on the other hand we have a wealthy, proud gentlemen who earns à £10,000 a year so they have different status society however they come to realise their similarities in their characteristics and overcome the social barriers which consequences to them falling in love and marrying. Shakespeare starts of by introducing the ideas of strong love from the phrase ââ¬ËStar crossed lovers`Show MoreRelatedRomeo and Juliet Compared to Pride and Prejudice Essay2051 Words à |à 9 PagesAlthough Shakespeareââ¬â¢s ââ¬ËRomeo and Julietââ¬â¢ and Austenââ¬â¢s ââ¬ËPride and Prejudiceââ¬â¢ are two completely different texts, as one is a play- only able to use dialogue to portray feelings of love-and the other is a novel- where descriptions of characters moods and feelings can be used- they both demonstrate a variety of techniques to portray strong feelings of love. Right from the beginning Shakespeare introduces the ideas of strong love using a prologue-this prologue is a sonnet in iambic pentameter. From
Friday, May 8, 2020
Slavery 1680-1860 - 1039 Words
The execrable path to freedom It was simply a low wage job, cleaning, cooking and beckoning to there owners needs. They owned there own property where there families live and attended the local churches every Sunday. With time they had freedom, agreements to be released from indentured servants and free with rights. Indentured servants were quite scarce and expensive and the issue of equal rights presented a major challenge to developing slave states like Virginia. Indentured servants slowly became life long servants, having no chance of release at a certain age. By 1660, laws were being enacted that defined the regulated slave relations. By 1680, slaves were chattel, nothing but property sold as commodities and traded. With slavery cameâ⬠¦show more contentâ⬠¦Vermont and Pennsylvania both abolished slavery and in 1808 slavesââ¬â¢ importation was outlawed. In response to the anti slavery movements the panic of 1819 occurred, being the first depression. Slavery was in a major decline and there was commod ity inflation. In 1823, US circuit courts declared removal of inhuman treatment of slaves. In 1826, kidnapping is a felony which effectively nullified fugitive slaves act, stopping all ability for slave owners to gain more slaves in the states, and importation of slaves was already outlawed. This hurt the slave trade significantly and put the colonies into the panic of 1837. There was a downturn in the economy, cotton prices fell, inflated food prices and high unemployment all due to the downfall and outlawing of slavery. 1840, An African American by the name of Charles Remond, refused to beat seated at world anti slavery convention because the women were segregated in the gallery, showing the first sign of womenââ¬â¢s rights. From 1660 to 1865 a slave trade was established in the colonies creating a free and productive source of labor. Legal rights and freedom were stripped from African Americans, Native Americans, Poor whites and women. The slave trade most definitely built the first colonies of America and established an economy and a means of trade. The colonies were one hundred percent dependent on the production of the slaveShow MoreRelatedEssay on Importance of Slavery to the Southern Way of Life1465 Words à |à 6 PagesImportance of Slavery to the Southern Way of Life America almost from the beginning was heavily dependent on forced labour. In 1619, John Rolfe in Virgina reported about the last day of August came in a butch man-of-war that sold us 20 negers. This is the first record of Africans settling in America. The Southern colonies were more dependent on labour then the North, as the climate in the South was ideal for plantation agricultural. In the 17th century the basisRead MoreThe Early Anti-Slavery Movement1027 Words à |à 5 Pagesproducts. Then sailors will go back to England and start the same cycle again. Therefore, in the 1860s The Anti-Slavery Movement begins in America by providing a clear history of slavery. Certainly, slavery advocated racism against African American in North America. Since the 1619 salves arrived in the Chesapeake and dark-skinned people were considered of lower status by Europeans. However, until the 1680s few African slaves were left in the American colonies, and they were not treated harshly. DuringRead MoreEssay on The History of Slavery570 Words à |à 3 PagesSlavery has a lot of effects on African Americans today. History of slavery is marked for civil rights. Indeed, slavery began with civilization. With farmingââ¬â¢s development, war could be taken as slavery. Slavery that lives in Western go back 10,000 years to Mesopotamia. Today, most of them move to Iraq, where a male slave had to focus on cultivation. Female slaves were as sexual services for white people also their masters at that time, having freedom only when their masters died. In SouthRead MoreThe War Of The Civil War777 Words à |à 4 PagesThe widespread violence that turned into the Civil War began with the election of 1860. Abraham Lincoln won the election of 1860 without a single vote from the states below the Ohio River. South Carolina was the first state to respond to Lincolnââ¬â¢s election. On December 20, 1680, South Carolina seceded from the Union. South Carolina was the first of the ââ¬Å"Original Sevenâ⬠who seceded from the Union, including Mississippi, Florida, Alabama, Georgia, Louisiana, and Texas. This became known as ââ¬Å"secessionRead MoreSlavery in American Society: Impact and Evolution Essay1637 Words à |à 7 PagesSlavery in American Society: Impact and evolution Slavery in American Society The controversies surrounding slavery have been established in many societies worldwide for centuries. In past generations, although slavery did exists and was tolerated, it was certainly very questionable,â⬠ethicallyââ¬Å". Today, the morality of such an act would not only be unimaginable, but would also be morally wrong. As things change over the course of history we seek to not only explain why things happen, butRead MoreThe War Over Sectional Conflicts2166 Words à |à 9 PagesBy the year 1860, the bloodshed that would develop into the Civil War had become inevitable. After being delayed through compromise multiple times, the election of Lincoln as the 16th president proved to be the final straw in the war over sectional conflicts. Since the invention of the cotton gin in the late 18th century by Eli Whitney, The North and South began courses with two opposite trajectories, both economically and socially. Countless events from 1800 to 1860 drove the regions further apart Read MoreFinal Paper1636 Words à |à 7 Pageseconomy. There were many factors and purchases that happened throughout that aided in the upbringing of the American economy we know today. We know some events of American history, for example, the finding of Native Americans already on America, slavery throughout history, wars, and inventions were all factors of shaping the economy for us. Before there was such a thing as the ââ¬Å"New World,â⬠there were millions of people living in America. The indigenous people of America had been there for thousandsRead MoreEssay Race and Political Power in the Pre-Civil War Period1936 Words à |à 8 Pagesspectacle of interracial servant solidarity by slowly eliminating white servitude and expanding the then new institution of black chattel slavery. By doing this he could guarantee a permanent labor force and win the support of his constituents. Because of efforts like that of Governor Berkley, Virginia had become the primary site for the development of black slavery in the Americas. By the 1650s some of the indentured servants had earned their freedom. Because replacements, whether black or white, wereRead MoreColonial Wars And The American Economy During The Civil War Essay1991 Words à |à 8 Pageshave seen an Overseer beat a Servant with a cane about the head till the blood has followed, for a fault that is not worth the speaking of.... In 1680 the cost of indentured servants rose sharply by 60 percent as supply of labour decreased as conditions in the English labour market began to improve , co-insiding with an African slave trough of 1680ââ¬â¢s the majority of the Southern colonies labour force slowly transformed from white indentured servants to black African slaves . The transformationRead MoreThe Life of the Catholic Church in the US1736 Words à |à 7 PagesPeriod between 1565-1783. The life of the Catholic Church in US. Began with the Spanish conquerors, who founded the parish of St. Augustine, Florida, in 1565. In 1598 the Spanish Franciscans they were evangelizing the peoples of New Mexico, but in 1680 the Hopi Indians rose up in arms, killed the priests, and prevented the restoration of the missions. Other missionaries who have come from Mexico christianized Arizona in the XVII century and Texas and California in the eighteenth century. Two
Wednesday, May 6, 2020
Custom as a Source of Law Free Essays
string(70) " custom should be followed by all concerned without the use of force\." Abstract The following article tries to establish the fact that the Customs are the most important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom, how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws, but still the laws that are passed by the parliament has its root in the customary laws |Page Electronic copy available at: http://ssrn. We will write a custom essay sample on Custom as a Source of Law or any similar topic only for you Order Now com/abstract=1958646 Custom occupies an important role in regulation of human conduct in almost all the societies. In fact it is one of the oldest sources of law making, though only a few people are likely to concur with the classical Greek poet Pindarââ¬â¢s maxim, ââ¬Å"Custom is the king of allâ⬠. A custom may be defined as a continuing course of conduct which by the acquiescence of express approval of the community observing it, has come to be regarded as fixing the norm of conduct for members of society 1. At its inception the English common law derived all its rules from a single source. Sir Carleten Kemp Allen notes 2 ââ¬Ë Blackstones ââ¬Å" general customsâ⬠and ââ¬Å"customs of the realmâ⬠are those fundamental principles in legal relationship which for the most part are not to be found in any express formulation, but are assumed to be inherent in our social arrangements. These are, in short, the common law itself ââ¬â¢. Salmond is of the opinion that custom embodies those principles which are acknowledged and approved, not by the power of the state but by the public opinion of the society at large. Thus he states ââ¬Ëcustom is the embodiment of those principles which have commanded themselves to the national conscience as principles of ââ¬Å"justiceâ⬠and ââ¬Å"public utilityââ¬â¢ 3. Jhon Austin was of the view that no folkway regardless of the fact how respected it is or how much is it followed can influence the law. He was of the view that only those conventions and folkways recognized by the sovereign through some judicial act or legislative disposition might be certified as a customary source of law. Kinds of Custom: 1. Conventional custom It is an established practice whose authority is conditional based on its acceptance and incorporation between the parties bound by it. When two parties enter into a contract generally all the terms of the contract are not set expressly and a large part of it is implied. The intention of the parties entering into an agreement can be gathered by the customary law prevalent at that time The convention custom has three stages of development. In the first stage it should have attained the status of usage. In the second stage it gets recognition through some judicial decision, and presumes the form of a precedent. After this it is finally accepted as a statutory law. 1 Dias Hughes: Jurisprudence,(1957) p. 34 2 Allen C. K. : Law in the making 3 Fitzgerald P. J. : Salmond on jurisprudence 2|Page Electronic copy available at: http://ssrn. com/abstract=1958646 The first section of the Indian contract act, 1872 recognizes the customs that are prevalent in the trade Legal Custom These are those which are operative per se as binding rules of law independent of any agreement between the parties. These, are of two types: 3 â⬠¢ Local Custom Halsburyââ¬â¢s defined local custom as ââ¬Å" a particular rule that has existed actually or presumptively from time immemorial and has obtained the force of law in a particular locality although contrary to or not consistent with the common law of the realm. â⬠4 So it can be said that a local custom prevails in a small locality. Bigamy in India is allowed in some tribal parts on account of the local custom prevalent at those places. â⬠¢ General Custom A general custom prevails throughout the country and is the main source of the common law of the country. The custom of prohibiting the remarriage of widow in most of the communities of India, before its abolition was a general custom in the country. A general custom is prevalent is usually practiced by all the people living in the country, and is practiced throughout the land. There were many customs but it is not necessary that all are the customs are accepted. For the customs to be accepted as a valid customs it should have some requisite characteristics: 1. Reasonableness A custom must be reasonable. It must be understood that the authority of any custom is never absolute, but it is authoritative provided it confers to the norms of justice and public utility. A custom shall not be valid if it is repugnant to right and reason and is like to do more mischief than good if enforced. The true rule seems to be not that a custom to be admitted if reasonable but that it will be admitted unless it is unreasonable. The custom of recognizing the channel of the river or the stream as the boundary between two villages irrespective of the change in the path cannot be said as unreasonable and hence it was held as a valid custom 5. Halsbury: Laws of England, Vol. X. p. 2 5 Ram Dhan Lal v. Radhey Shyam, 1951 SCR 370 3|Page 2. Consistency A custom to be valid must be in conformity with statutory law. In other words it must not be against any act of Parliament. A custom should necessarily yield where it is against any law, but in many cases there can be some exception to the law or some modificatio ns can be made to it due to any custom. 3. Compulsory observance A custom to be legally recognized as a valid custom must be observed as a right. It means the custom should be followed by all concerned without the use of force. You read "Custom as a Source of Law" in category "Essay examples" It must be regarded not only an optional rule but as an obligatory rule or binding rule of conduct. If a custom is left to the choice of the individuals, then it is not a costmary law. If the observance of a custom is suspended for certain time than it is assumed that the custom was never in existence 6. 4. Continuity and immemorial Antiquity A custom to be valid should have been in existence from time immemorial. To quote Blackstone ââ¬Å"A custom in order to be legal and binding, must have been used so long that the memory of man runneth not to the contrary, if anyone can show the beginning of it, it is no good customâ⬠7 English law has made an arbitrary limit to the legal memory. It has been fixed as 1189 A. D. ââ¬â the year of accession of King Richard 1 to the throne which means, if any custom has its roots back to 1189 AD or backwards would be regarded as a valid custom. This time limit was applied in the case of Simpsons v. Wells 8. However in India the limit of 1189 A. D. is not valid 9. In India no definite year has been laid down to determine the antiquity of a custom. It need not to be beyond human memory 10. 5. Certainty Not only a custom should be practiced from time immemorial but, it should also be observed continuously and uninterruptedly with certainty. A custom cannot said to be valid from time immemorial unless its certainty and continuity is proved beyond doubt. Theories regarding transformation of custom into law Customary law has not only been established by legislatures or professionally trained judges, but it has come into existence because of popular acceptance and practice. There are two popular theories in this regard (1) Historical theory and, (2) Analytical theory 6. Hamperton v. Hono, (1876) 24 WR 603 7. Blackstone: Commentaries, p. 76 8. (1872) 7 QB 214 9. Gokul Chandra v. Praveen Kumari, AIR 1952 SC 926 10. Mst. Subbhani v. Nawab, ILR 1947 PC 21 4|Page 1. Historical Theory The main components of the historical theory school, namely, Savigny, Blackstone and Henry Maine have suggested that law has its existence because of the common consciousness of the people and the customary observance is not the cause of law but the evidence of its existence. Savigny observed, ââ¬Ëcustomary laws completely modify or repeal a statute; it may create a new law and substitute it for statutory rule which it has abolishedââ¬â¢. Maine regarded custom as ââ¬Ëformal source of lawââ¬â¢. James Carter also supports historical view and is of the opinion that ââ¬ËWhat has governed the conduct of men from the beginning of time will continue to govern to the end of time. Human nature is not likely to undergo radical change and law will forever continue to be customââ¬â¢11. Criticism Dr. Allen points out that all the customs cannot be contributed to the common consciousness of the people. For instance, a ruling class quite often imposes custom on the governed. It does so for its own interests rather than the interest of the people. The customs in India such as untouchability cannot be contributed to any kind of common consciousness. Therefore any custom cannot be a source of law it should not be again public sentiments. 2. Analytical Theory The main supporter of analytical theory is John Austin who regarded custom as a historical material source. He points out that custom derives its binding force not from its own nature but by state legislation. It means custom becomes a law when it is adopted by an act of parliament or its validity has been established by any judicial decision. He further states that custom only has persuasive value. Customary practices have to be recognized by court before it can become law. Being of persuasive nature it is recognized as historical material source of law. Austin thus concludes that ââ¬Å"Customary law is nothing but judicial law founded upon anterior system. 2â⬠Criticism Dr. Allen has criticized Austinian theory of customary law and pointed out that the fallacy of the Austinian doctrine is in supporting that custom is not law until it has been so pronounced by a court. He observed that the truth is exactly the reverse of it. According to him, ââ¬Ëcustom is firstly and essentially a law. Custom is enforced by courts because it is already a law, it does not become a law only on enf orcement of court. 13ââ¬â¢ 11 Carter James: Law, its Origin, Growth Function, p. 20 12 Austin: Province of Jurisprudence, (1945) p. 165 13 Allen C. K. : Law in the making, pp 84 5|Page CONCLUSION Of all the various sources of law The Customary Laws are definitely the most significant source of law. In the ancient days in the absence of any legislative laws the customary laws were only the prevalent law. These are very important as these are already followed by the people and it is the very reason why many of the customary laws are even recognized today. These customary laws had the approval of the public opinion. There is no doubt that with the development of the judicial process and with the modernization of the society, the importance of custom is receding. When states came into existence they immediately gave recognition to the customs prevailing at that time and thus they were recognized as valid laws. But with time customary laws have receded to the statutory laws. The laws relating to sale of goods, inheritance of property, succession, property, contract, sale of goods etc. have all evolved from the customary laws. The codified Hindu laws are nothing but the codification of the prevalent customary laws with some exceptions. It would be wrong on the part of any one to say that the customary laws need recognition from the court. The customary laws are always recognized since they are always in practice. Most of the customary laws that were just in nature and were good for the society have been recognized by the parliament or the court. These laws can be sometimes invalidated if it appears that these are against the public policy and justice. One of the most important reasons why the customs are important source of law is that it that it is highly practiced in the society. So, if any new law is made that is contrary to the practiced customs and traditions, will not be accepted by the society. This may lead to chaos and anarchy in the society. So any law that is passed takes into consideration the customs and traditions prevalent in the society at that time. The state by its legislation only validates the existing customs. It may in some exceptional cases also modify or nullify some of the customs if it is for the welfare of most of the people of the society. So in this way the state makes laws mainly based on the customs that are good for the society 6|Page How to cite Custom as a Source of Law, Essay examples
Tuesday, April 28, 2020
The Hamilton Health Inc Marketing Research
Table of Contents Introduction Why hire Marketing Research Suppliers Choosing a partner Expectations from the Supplier Do ââ¬â It ââ¬â Yourself? Conclusion Reference List Introduction Marketing research is a strategy that businesses use to amass information regarding their operations from production to supply. In order to do this, the marketing research uses a systematic process of collecting, recording and assessing information dealing with marketing of the companies productions. The objective of the process is to identify and analyze how variation of the factors of marketing mix can influence the behavior of customers.Advertising We will write a custom research paper sample on The Hamilton Health Inc Marketing Research specifically for you for only $16.05 $11/page Learn More Why hire Marketing Research Suppliers The Hamilton Health, Inc ââ¬â HHI needs to find out its actual market size so that to determine its potential of growth. This will entail determining the buying behavior of its clients, its distribution channels and the type of competition that the organization is facing. This is necessary in order for it to get professional advice of what the results of this would translate to when marketing the personal treadmills that are used for managing health and exercises. Since the founder of the business, Eric Hamilton is devoted to see that the business expands; he needs to get professional understanding of how that growth will be achieved. This is what will form the basis for a strategic plan that the firm will adapt for its expansion which will be based on accurate information, reasoned and timely decisions. HHI can make use of the marketing research suppliers to grab the competitorsââ¬â¢ market share and also be enlightened on how to improve its products. Choosing a partner There are several companies that offer marketing research services to companies. However, for Ericââ¬â¢s HHI, the best company for partnering with is the one that will position it better to compete well with its competitors (Wiid Diggines, 2010, p. 134). The criteria of selecting such a partner will include choosing a company that has specialized in doing targeted market research for medical and sports equipment. Such a company will be very considering that the owner may know very little in terms of marketing. This will also give HHI an upper edge over its competitors. This is because the trained consultants are informed of the buying trends, marketing dynamics, ebbs and flows of customers among other facts (Wiid Diggines, 2010, p. 137). This type of knowledge is worth spending on especially when there is observable difference in the performance of the business. Itââ¬â¢s important also to understand that the marketing research suppliers will not have all the answers to the companyââ¬â¢s position at the moment. To begin with, there are several types of supplies.Advertising Looking for research paper on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The limited-service suppliers are those firms that focus their services provision of one aspect of marketing research of few stages of the entire research process (Burns Ronald 2010, p. 178). These services are in most cases referred to as field services and may include data analyses, branding strategies and interviewing and coding of information among others. Full marketing research suppliers on the other hand are those businesses that will offer a full range of services that deal with the process of marketing. This means that they are able to collect information by developing research questions, conduct the research, analyze the data and come up with finding which they can use to draw conclusions and make recommendations (Burns Ronald 2010, p. 178). They utilize both the qualitative and quantitative methods of research and assessments of data. Expectations from the Suppli er HHI should expect that the marketing research suppliers will free the company from the hustle of seeking customers and collecting information for analysis and so on. Therefore Eric Hamilton will have ample time to focus on other issues of the company which include marketing, selling and studying the business trend. This means that other business aspects that would have gone unattended will be dealt with by the owner during this time (Crouch Housden, 2003, p. 145). By hiring the marketing research supplier, HHI anticipates that it will be eventually a worthy investment. Basically, Eric will be at peace knowing that the investment has a good success track record and therefore expect better and reliable results. The suppliers can always send reports on weekly, monthly or quarterly basis so that HHI can begin making strategies to move forward as the marketing research continues. The reports are likely to be more detailed than those that could have been generated by HHI. Do ââ¬â It ââ¬â Yourself? In reality, the cost of company doing a research on its own is not just about the huge money that will be spent on the project, but itââ¬â¢s a matter of time that will be invested and the quality of work done that will be realized. There are many instances where various firms opt to carry their research on their own, but later realize that they did not have adequate skill or time for the job. Many day pass-by, they turn into months and then years of a failed project because the owner may not find sufficient time for the job (Malhotra Birks, 2007, p. 256). Doing it by yourself can be cheap in terms of money, but costly in terms of failed project or lack of results. Therefore it is not advisable for anyone to pursue such a project without hiring assistance from professionals (Malhotra Birks, 2007, p. 256). This can only occur only; When one can realistically find time for the project in his own company When one has the skills and tool to analyze the data an d draw conclusions When one has skill for making a report that will be credible to other users When one can be able to sustain an blind research or be able to find a sample qualified enough to take part in the study Conclusion Marketing research will play a critical role in the growth of HHI as it fights to establish a strong market share. The information from the marketing research will enable the company develop strategies that will help it boost its operations and market share, hence making it to grow and expand steadily.Advertising We will write a custom research paper sample on The Hamilton Health Inc Marketing Research specifically for you for only $16.05 $11/page Learn More Reference List Burns, A.C. Ronald F.B. (2010) ââ¬Å"Marketing Research,â⬠6th Edition. Upper Saddle River, NJ: Pearson-Prentice Hall. Crouch, S. Housden, M. (2003) ââ¬Å"Marketing Research for Managers,â⬠3rd Ed, Oxford, Butterworthââ¬âHeinemann Malhotra, N. Birks, D. (2007) ââ¬Å"Marketing Research: An Applied Approach: 3rd European Ed,â⬠Harlow, UK, Pearson Education Wiid, J Diggines, C. (2010). ââ¬Å"Marketing Research,â⬠3rd Ed. New York, John Wiley Sons This research paper on The Hamilton Health Inc Marketing Research was written and submitted by user Gerardo Q. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.
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