Friday, June 7, 2019

Kant’s Approach to Ethics and the Issue of Suicide Essay Example for Free

Kants Approach to Ethics and the Issue of Suicide seekThe Renowned German philosopher, Immanuel Kant (1724-1804) was one of the most influential philosophers of the modern age, whose thought, with its emphasis on the slip, turned the wheels of western philosophy to a new synthesis of high-mindedness and realism in the form of transcendentalism. His ethical theory, developed in his reputed book The Foundations of the Metaphysics of ethics, has to be call forn along with the spirit of philosophy that enshrines his three Critiques whenever one attempts a critique on ethical issues like suicide as a gesture of self-love. Body of the Essay (Can suicide be ethical? )Kant holds the theory of inborn morality based on the autonomy of human will. Good is good by itself, and the right is right by itself. It doesnt depend upon the consequences or personal effects of the activity for a human action to be right or wrong. According to Kantian deontological theory of ethics, committing su icide is wrong and unacceptable from any posture since it is an action that goes against the categorical imperative he proposed as the norm for ethical decisions. His Categorical Imperative runs thus Act only according to that maxim by which you can at the same time will that it should become a universal law. (Wolf Robert Paul (ed) Foundations of the Metaphysics of Morals text and critical essays. 1969. p. 44). Each individual subject should decide for himself and act in such a way that he wills that his maxim should be a universal law. (Wolf, p. 21). Let us now take up the issue of suicide. Suicide may be a personally-decided act, on selfish reasons, emotions or recommendations from physical situations (as in the case of euthanasia). In whatever regard it may be, it goes against the Categorical Imperative, and hence, it is inherently or intrinsically wrong to commit it.Kant argues that committing suicide out of self-love is contrary to the categorical imperative because there is a contradiction in a system of nature, whose law would be to destroy life by the feeling whose special office is to impel the improvement of life. (Wolf, p. 45). kind of he thinks that the destruction of life is incompatible with its improvement and that nature always chooses organs adapted to their purpose (p. 13), so that nature couldnt (or wouldnt? ) allow self-love to be used in a way contrary to its purpose which is improvement and nurture of life.In accordance with Kants intrinsic morality, the categorical imperative overly supports a Practical Imperative, that one has to act so that one treats humanity, whether in his own person or in that of another, always as an end in itself and never as a means only. (Wolf, p. 54). One has to respect and support ones life because of the dignity implied within. By dignity, he means, unconditional and unparalleled worth (Wolf, p. 61). Kant supports this theory with his theory of incommensurability, which holds that moral virtue is infin itely better than anything else.From the perspective of human dignity as well, suicide seems to be an unbecoming action for humans. Conclusion For Kant, reason holds the supreme position (as elaborated in Critique of Pure Reason), and ethics as science, is not rooted in religion or metaphysics, but rather on the inherent worth of existence. Hence, suicide is an unacceptable mode of action even from the perspective of self-love. Love nourishes and does rarely destroy. And even when a bit of destruction is involved, it is only to nurture better that it destroys. Suicide is total destruction without nurture and thus contradicts the very nature of self-love.ReferencesGregory, Mary (ed)(1998) Groundwork of the Metaphysics of Morals by Immanuel Kant. peeled York Cambridge University Press Henson, Richards (1979). What Kant Might Have Said Moral Worth and the Over-determination of Dutiful Action, in Phil. Review, January, 1979, pp. 39-54). Smith, Norman Kemp (trans. ) (1965) Critique of P ure Reason. New York St. Martins Press. Wolf, Robert Paul (ed. ) (1969) Foundations of the Metaphysics of Morals text and critical essays. trans. , by Lewis White Beck. Indianapolis Bobbs-Merrill.

Thursday, June 6, 2019

National Office Machines Case Essay Example for Free

National Office Machines Case Essay1. What factors contributed to Euro Disneys poor performance during its start-off year of operation? What factors contributed to Hong Kong Disneys poor performance during its initiative year?The factors that led to Euro Disneys poor performance were the lack of understanding of the French culture, anomalous assumptions, and ethnocentrism by the American management. Since the prices of the hotels and entrances were different and much higher in Europe, the park attendance was low. It was actually cheaper for European families to travel to Disney World in Orlando, FL than to EuroDisney. Eisner was a small(a) arrogant when he assumed people from all over Europe would come to Paris, when there ar many different cultures in Europe, each genius expecting adaptation.It isnt like the U.S. where the culture is much the same throughout. Each country has its own culture. The guest expectations werent up to par, and the customer service wasnt as expec ted. There was a ban on alcohol when the French are the enormousgest wine drinking country and the poor and underestimated arrangement of breakfast didnt watch well with the French. It failed in Hong Kong because its service standpoint was infra standards. The cultural factors overly added to the failure of the theme park they did not adapt to the Chinese culture. They stupefy change however culture isnt everything the rides werent the quality that guests expected it to be.2. To what degree do you consider that these two factors were (a) foreseeable and (b) controllable by EuroDisney, Hong Kong Disney, or the foster company, Disney? In terms of the foreseeable factors, they should have taken into consideration cross cultural differences, the Gulf War of 1991, 1980s European recession, high interest place and devaluation of several currencies, World Fair in Seville and the Olympics in Barcelona, and the ban on alcohol consumption. Controllable factors were mistaken assumption s, initial pricing, design and marketing policies, early publicize that was more expensive, poor and underestimated arrangement of breakfast, and arrogance of Disneys management.3. What role does ethnocentrism play in the story of EuroDisneys launch? Ethnocentrism is the belief in the inherent favourable position of ones own culture, and all other cultures are measured in relation to it. This happened when the Disney management did not try and understand the French expectations or wishes, and went ahead and implemented the Disney Park as per their wishes. The French, of course did not accept this since they never wanted the Americanized entertainment. Disney management had the resources available to get a marketing idea from European sources that would have saved them from failure. However, since they were profitable with the other Disney parks, the management did not see as this park being any different. If only they had consulted with European marketers, they could have avoided pricing mistakes, food and drink mistakes, and entertainment mistakes.4. How do you assess the cross-cultural marketing skills of Disney? In the beginning Disneys cross-cultural marketing skills were far below par. Simply put, they did not do their homework, but when failure crept up they realized their mistakes. Now they have hired European management, who has a better idea of what they are doing. They not only changed their marketing and pricing strategies, but they also changed the food and drink as well. Therefore, in the end, Disneys cross-cultural skills have improved significantly.5. why did success in Tokyo predispose Disney management to be too optimistic in their expectations of success in France? Discuss. In Japan Disney park was a huge success due to the fact that the Japanese had a sen successionntal attachment to American cartoon characters. The Japanese tourists enjoyed themselves at the park because they could automatically match to these characters. This resulted in a profit not only in the first year, but in the second year as well. There were 14 billion people that visited Tokyo Disney Park the second year and 3/4th of them were repeat customers. With these high figures and profits, Disney management had high hopes while constructing the park in Paris. They didnt feel the need to do any research since the Japanese adapted so well to the American customs and Disney management figured the French would be no different. However, this was completely the opposite of what happened. The French did not accept the American customers and a failure resulted in Paris.6. Why do you think the go steady in France didnt help Disney avoid some of the problems in Hong Kong? First are the cultural differences. In Hong Kong, they only considered Chinese style in the park design. Also, they in time overpriced the park. They didnt take into consideration the actual price level of the country and blindly set prices high so that visitors could not afford, and m oved on to other amusement parks. Last is the marketing. Disney management did not market its entertainment concept. Like France, Hong Kong has their own cartoon image and was not familiar with Mickey hook or Donald Duck.7. Now that Hong Kong Disney is up and running, will the Shanghai development benefit from the Hong Kong experience? Disney management will know exceptionally well that doing research is the first step. Familiarize the customer base with the characters first and foremost so that way when you open the gates it is a warm, relaxing feeling seeing familiar faces. They should also make sure and set prices at a fair level. Look into the income level of the population and make an educated decision.8. Now that Disney has begun work on the parvenue Hong Kong and Shanghai locations, where and when should it go next? Assume you are a consultant hired to give Disney advice on the issue of where and when to go next. Pick three locations and necessitate the one you think will be the best new locations and select the one you think will be the best new location for Disneyland X, and discuss. India, Australia, and brazil nut are three locations that I would advise Disney to consider next. I think the best location would be India. India is coming up as next big market is almost every field due to strong presence of customer base and more disposable income.American culture is already so popular in India. Hollywood became so popular that India created its own Bollywood. India also has the second largest population in the world, so financially Disney would excel with that customer base. again Disney would have to be careful with the food choices and pricing. Australia would also be a great choice for obvious reasons. There location from other countries would be grand since it would not cannibalize other locations attendance.Also, since they are an English speaking country there would not be a language barrier. Australia is such a squash nation that no matter where you placed the Disney park people would be able to easily access it. The third country I think would be ideal is Brazil. It is a powerful and emerging nature, and although they have a strong culture, with a lot of research could be very prosperous. They also have a very large population that would financially be beneficial to Disney. It would also be a good location to service Central America, the Caribbean, and South America.9. presumptuousness your choice of locale X for the newest Disneyland, what are the operational implications of the history of EuroDisney and Disney Hong Kong for the new park? After the failed attempt at Disney Paris, Disney should have a lot of experience now in opening theme parks. I think with extensive research and a culturally intelligent management, Disney will excel in Disney India. This time the management will do their homework and find out the cultural differences, customs, traditions, food, drink, etc. Since there is a language barrier, they will also have a team of leaders who are fluent in the language to help the American team.

Wednesday, June 5, 2019

Effects Of Eating Too Much Fast Food

Effects Of Eating Too Much Fast FoodWould you like some fries with that, sir?This is what you hear at some(prenominal) McDonalds restaurant you fucking come by. You order a burger, and they offer you their crispy, yummy, juicy, famous French fries. Your brain is telling you to take it, but your heart is telling you to lodge because it support hardly breathe anymore. People, with their busy schedules, go to devalued victuals restaurants everyday without thinking if it is a good idea to eat there or not. It is cheaper and profligateer than other restaurants but the nutrition is not good for their health. Despite its convenience, devalued solid viands bottom be very dangerous to us in the long run, which is why we should be aware of the risks and effects that it git give us so we fucking live a healthy lifestyle.One line with fast nourishment restaurants is that it is very addictive. Once we eat there, we want more of it because it is so cheap, yummy and filling. Living n ear by a fast intellectual nourishment restaurant doesnt help either because we will want to eat there more. It will be the first place well think about when we conk out hungry. It will be a good hangout place also with the wireless internet routers added to the place. some other problem is their growing number of restaurants and their advertisements. We find them over on the road, on taxis and buses, on billboards, on buildings and other places. Also, we dont have to go to their restaurants to get their food because they now have their delivery hotlines. It increases the number of people feeding fast food because most people like it better when their food comes to them instead of the harder, traditional way of sitting and alimentation at a restaurant.Lastly, fast food restaurants provide us food with food content that gives us very little nutritious content. They use very cheap ingredients which make fast food contain high amounts of sodium, cholesterol, adipose tissue and cal ories which brook cause certain diseases like obesity, high blood pressure, and other heart diseases.Fast Food dependanceBringing young children to fast food restaurants for breakfast is a bad decision to make because the child can get addicted to the flavour and taste sensation of the food. Once the child gets addicted to it, he or she will not stop asking for more. The idea that fast food is better than other food will be implanted into their heads and they will get addicted even until adulthood. It is better to make children practice eating more nutritious food such as vegetables and fruits.Fast Food Restaurants and AdvertisementsWe dont have time to prepare a meal with the busy schedules were given now, we think its better to eat at a fast food restaurant instead and we forget about eating healthy. Fast food is getting more in demand as we pick out it, resulting to the growth of the fast food industry. As they get bigger, more people will come to eat at their restaurants. N ow with their delivery hotline, people can just make an effort to call their numbers and the food will be delivered to their doorstep after half an hour. With a quick drive-thru, you get your food in less than 15 minutes or less They make everything easier and faster for us because they know that thats what we want. We also see so many advertisements almost us, whether we are at home or on the road. The advertisements are on the radio, on billboards, on the internet, in newspapers, and in magazines. Its as if theyre calling out to us and putting the idea in our heads to eat their food at their nearest restaurant as soon as possible. They give us easy to concoct numbers so that we can call them anytime and anywhere without having to look at the directory book. Most fast food restaurants are now open 24/7 so we can stop by or call them anytime we want. Because its so easy, we get so used to eating at fast food restaurants that we dont carry to look at their menus to know what we wa nt. This just shows us that eating there is more of a routine for us now. At about three in the afternoon, we get hungry and the first thing that pops up in our heads is Im craving for McDonalds Chicken McNuggets right now, with fries and an Apple pie What most people dont realize is that eating too much of it is very dangerous for us because we are not aware of the content.Food ContentFast food can make us very full even at a cheap price. The reason for this is because fast food restaurants use cheap ingredients for their food which contain high amounts of sodium, cholesterol, calories and fat (Childrens Hospital Boston).There are a lot of uses for sodium. It can be used to preserve food, enhance its flavour, and to prevent the growth of pathogens. But sodium can cause very dangerous effects if unity consumes too much of it. It can give us an increase in blood pressure and a high risk of heart diseases. According to the American Heart Association, it is best if one limits their so dium intake to less than 1,500 mg of sodium per day(American Heart Association, Inc.). The food on the McDonalds menu with the highest sodium content is the McDonalds Spanish Omelet Bagel with a sodium content of 1570 mg (Fast Food.com). Thats more than the sodium intake one must consume per day in a single bagel.Fats, with the right amount, are good because it keeps us warm and cushions our organs inside our body. Some fertile acids are essential to our body because they are used up for vim and become part of our body chemicals, such as hormones. Fats are classified into both types saturated fats and unsaturated fats. Unsaturated fats are found only in plant products while saturated fats are found in animal products. Another name for saturated fat is cholesterol. Cholesterol helps the body to absorb what we need, although too much cholesterol is also bad for our body. It can cause heart diseases and osteoporosis because it can thin the bones (Berkoff 124).Calories are released in the digestion and absorption of food. Some food and drinks contain calories. We should not worry about if there are calories in food or not, but how much calories food has. The recommended calorie intake per day for us is 2000 calories. Fast food is packed with very high amounts of calories that one breakfast meal can have up to 1000 calories. Thats half the calories you can take up in a day.ObesityFast food can cause us a lot of bad diseases like obesity and high blood pressure. Being obese does not only lower our self-esteem, it can also increase risks of hypertension, heart disease, stroke, arthritis, diabetes and some types of cancer.Statistics show that more than 190 million in the American population are obese and the diseases that are relate with obesity costs 147 billion dollars every year (Doane). Clearly, something has to be done about this, and not only in America. We should be very aware of the food we eat and the things we do. One way is to not make eating fast food a routine for us by thinking of the possible consequences it can give us. A good idea to prevent obesity is to maintain a healthy lifestyle and exercise daily to use up the energy that we consume.One child struggling with obesity stated that she started gaining weight when her family started buying cheaper foods (Doane). She observed that she became obese when they started to budget their food and to get cheaper food instead, namely, food from fast food restaurants.

Tuesday, June 4, 2019

Performance Audit of China

Performance take stock of ChinaPerformance scrutinise ChinaEMPIRICAL go off OF PERFORMANCE AUDIT IN CHINA AND DEVELOPED WESTERN COUNTRIES AND MEASURES FOR THE IMPROVEMENT OF PERFOMORNACE AUDITING WORK IN CHINAINTRODUCTION OF THE DISSERTATIONThe procedure scrutinize is a recent expansion in study ground within these 30 years. Now it is one of the most important and flourishing argonas for goernance visit proceeding in China. The aim of this dissertation is to give a holistic and comparative review on the rising and tuition of surgery size up in western sandwich Countries and China, study the ch wholeenges faced by scrutinize institutions in China, and give recommendations and suggestions to scrutinize institutions in the development of carrying out visit from a scientific and development engineer of view.This dissertation has five partsThe first chapter will begin with the rising of murder take stock in Western Countries and the commentary coined by International boldness of Supreme scrutinise Institutions (hereinafter referred as INTOSAI). A comparison with murder evaluation or motion monitor will be do, and the relationship between surgical operation audited account and separate forms of audit, such(prenominal) as pecuniary audit, environmental audit and management audit will too be reviewed.In the second part, it will give a holistic view of the mental process audit in China issue Audit Office (hereinafter referred as CNAO) and audit institutions at all other takes, from the rising of performance audit in China, to legal mandate, to the audit objects and argonas which covered, to the audit focus of performance audit.In the third chapter, the menstruum status of performance audit in UK, USA, Canada and Sweden will be scanned. The legal mandate given, the audit argonas covered, audit methods employed, the resource allocation will be reviewed and compared. The advanced experience in the performance audit area will be concluded.C hapter 4 of this essay is an investigation of the challenges faced by political relation audit in China in performance auditing. The risks in political system and macro economic environment will be discussed. The interior flaws such as the lack of competences of auditors, the shortage of standard or guidelines will as well as be talked about.In the last chapter, suggestions and recommendations in how to improve performance audit in the context of current China will be given from twain the macro and micro aspects.The Desk study based on a review of the literature is deployed. A large number of books and articles about performance audit manuals, annual reports and handbooks produced by SAIs of some developed countries and China will be categorized and analyzed.INTRODUCTION OF PERFORMANCE AUDITThe Rising of Performance Audit in Western CountriesAs one of the oldest and venerable state functions, audit has a account statement of thousand years. However, the performance audit has ris en and experience a large scale and self-consciously unequivocal cause within the latest thirty years. It is a modern, challenging and fascinating form of audit, and is treated as a check and professional activity that requires specialized skills and standards.Over almost exactly the same period as performance audit has emerged as a distinct variant of audit, the government of developed countries, such as Western Europe, united States of American, Canada, Australia and United Kingdom, have embarked upon series of popular management reforms, which is so called New semipublic Management. Most of the public management reform initiatives emphasized a shift from control of imputes and processes to the new form s of control based on the measurement of outputs and outcomes. (Christopher Pollitt et al, Performance or Compliance, P195).Previously, the administrative system emphasized on the correct allocation of public finances to appropriate budget lines, the compliance of the pra ctice of resources, and conformity of actions with prescribed procedures. The new approaches aimed at modernizing and streamlining the public management process, and giving more flexibility in respect of inputs. Although the details of the reform platforms differed from one boorish to another, most of them highlights on firstly, increasing the productivity of public services, i.e., raising efficacy secondly, the convenience and preferences of its users thirdly, the transparency of public services, which is assumed as a feature of elected governance. Both singly and collectively, these new attributes considerably changed the way of lifes in which public management system has been run in the past.To adapt to the new system, the major precedency of monitoring and control was shifted from the harbors of economy towards the value of efficiency and intensity level and emphasized more on the monitoring and evaluation of outputs and outcomes. The auditors should not solitary(prenom inal) adjudicate on the three Es (economy, efficiency, and effectiveness), but also using creative methodology to access to responsiveness and user satisfaction by directly consulting them. They should also devote to the safeguarding of public accountability and assurance.Due to the diversity in mandate and scope of the audit, in the United States, this new form of audit is called performance audit, while in the United Kingdom, it is labeled as value for money audit (VFM audit). Comprehensive audit is what is called in Canada.Definition of Performance AuditThis definition can be provided in many ways. It can be given by clarifying the distinction between performance audit and other colligate forms of audit, or by mandates and organizational framework which define the performance audit work done, or simply by describing what different SAIs do when they say they are conducting performance audit.The most wide accepted definition is the one coined by INTOSAIThe full scope of governme nt auditing includes regularity and performance audit, and Performance auditing is have-to doe with with the audit of economy, efficiency and effectiveness and embraces(a) Audit of the economy of administrative activities in accordance with sound administrative principles and practices, and management policies(b) Audit of the efficiency of utilization of human, financial and other resources, including examination of information systems, performance measures and monitoring arrangements, and procedures fol number 1ed by audited entities for remedying identified deficiencies and(c) Audit of the effectiveness of performance in relation to achievement of the objectiveness of the audited entity, and audit of the actual impact of activities compared with the in consorted impact. (INTOSAIs Auditing Standards, 1.0.38 and 1.0.40)Within this definition, not lonesome(prenominal) three Es, but also sound administrative principles, serious management are referred as criteria for judgment.In the definition given by the Australian National Audit Office, legislative and policy compliance is also been interpreted as one of the consideration for performance audit.In the Auditing standard of The Government Accountability Office, which was revised in 2007, performance audit objectives may vary widely and include assessments of programme effectiveness, economy, and efficiency internal control compliance and prospective analyses.As described in the Performance audit manual of Office of Audit habitual of Canada, the scope includes not only the examination of three Es, but also environmental effects of government activities, procedures to measure effectiveness, accountability relationships, protection of public assets and compliance with authorities.The Relationship between Performance Audit and Regularity AuditIn accordance with the INTOSAI auditing standards, the full scope of the government audit includes regularity and performance audit. The regularity audit emphasizes on attestation of financial accountability and probity and propriety of administrative decisions. Its core activity is to verify information, whereas the major lying-in of the performance audit is reappraisal and evaluation of the government programs and organizations.For some countries, performance audit differed from the traditional audit in the way they are managed the traditional audit is usually carried out in a standardized way as a repeated annual cycle of checking the books , performance audit, on the contrary, is organized as serial of individually tailored projects varied in their scope, length and focus. The Performance audit is an independent examination do on a non-recurring basis. Specialized skills, separate standards, special planning, and special reports are required.Another difference between the two types of audit is the extent of standardization. The Performance audit, in comparison to financial audit, has a discredit level of standardization in terms of both au diting methods and contents. Within its legal mandate, performance audit must be free to examine all government activities from different perspectives. Thus, the performance audit is more flexible in the choice of subjects, audit objects, audit methodology and making recommendations.Moreover, in financial audits, auditors will tend to judge the transactions being correct or incorrect, legal or illegal, so the criteria the auditors used is relatively clear and fixed. However, for performance audits, the criteria is elect is normally open and sometimes, produced by auditors.In spite of above mentioned differences, in audit practices, the line between these two types of audit is not endlessly clear. For instance, the audit of a financial management system can be both a process in traditional audit and performance audit. operable examples from some SAIs also show the same result.Comparing Performance Audit with Performance EvaluationBoth performance evaluation and performance audit are viewed closely related as external forms of compendium and assessment of the programs or organizations.Performance evaluation is a systematic study of how rise up a program or policy is working and what can be done to improve its results. It is typically commissioned for the purposes defined by the commissioners to provide in a program management cycle.In recent years, the program or policy evaluation is deemed as an important work for a SAI under a general top dog of the performance audit, according to the study result of a working group on program evaluation, it seeks to analyze the relationship between the objectives, resources, and results of a policy or program. GAO of the US defined four common types of program evaluations in performance audit, which are process evaluation, outcome evaluation, impact evaluation and cost benefit cost- effectiveness evaluations.PERFORMANCE AUDIT IN CHINAHistory of Government Audit in ChinaThe auditing supervision system in China can be t raced to the beginning days of the dynasties. As early as Western Zhou Dynasty, about 3,000 years from now, an official position named as Zaifu was set up with the function of perform audit duties and regarded as a rudimentary form of auditing in China.In modern China, after the 59 years after the founding of Peoples Republic of China, the audit work in China went through two different periods.First stage was from 1949 to 1982. No formal and independent audit institutions were established in the first 30 years. The supervision of state financial r all the sameues and expenditures was mainly conducted by internal supervisory bodies of Departments of Public Finance. During that period, the central government and some local governments set up audit institutions within the financial departments and assigned audit personnel to carry out the audit work. However, it was not long that the financial inspection institutions.The second stage started with the provision of formal audit super vision since 1983. The full scale implementation of reform and open-up policy called for efforts to strengthen the supervision on financial administration, establish and improve economic supervision mechanisms. In December 1982, the 5th Plenary Session of the 5th National Peoples Congress follow the resolution to introduce an auditing system in China. The new Constitution made a general provision for the role, mandate, basic principle and administrative system for the audit work. In September 1983, the National Audit Office of the Peoples Republic of China (hereinafter referred to as the CNAO) was established. Local governments at all levels above county level also set up their local audit institutions in succession.The Audit Law of the Peoples Republic of China was formally promulgated in August 1994, which was an important milestone in the audit legal system build. An audit supervision system with Chinese characteristics was built up. Since the establishment of the audit institu tions, audit supervision made great contribution to the rigorous enforcement of financial and economic disciplines and has played an irreplaceable role in facilitating healthy development of the national economy, promoting the building of a clean government.As the supreme audit institution of China, the CNAO is a department of the government and directly under the leadership of the Premier. Its main duty is to formulate the audit strategy, organize and administer audit work nationwide and reports its work to the State Council.Local audit institutions, under the dual leadership of the administrative heads of their identical level governments and the audit institutions at their next higher(prenominal) levels, organize and manage the audit work within their jurisdiction. Their audit work is mainly under the circumspection of audit institutions at the next higher levels, and they are legally required to report to their corresponding level governments as well as the next higher level a udit institutions in keeping with the principle that independence is an indispensable feature of a successful audit.Audit directly conducted by the CNAO covers the following areas (Audit Law, word 18 to 25) Under the leadership of the Premier of the State Council, exercise supervision through auditing over the implementation of the budget of the Central Government as well as other revenues and expenditures, and submit audit reports thereof to the PremierRevenues and expenditures of the Central Bank, assets, liabilities, profits and losses of central monetary institutionsCarrying out audit supervision over the financial revenues and expenditures of public institutions of the State and other public organizations using fiscal capitalRevenues and expenditures of central government owned enterprises and enterprises where state assets dominate or broodRevenues and expenditures related to funds managed by relevant departments of the State CouncilRevenues and expenditures of projects with loans and assistance from international organizations and foreign governments. During the past 25 years, audit work in China has made great strides forward and scored remarkable achievements. Audit supervision has become an important and indispensable part of the national supervision system. The social impact of audit is worthy steadily stronger.The Rising of Performance Audit in ChinaVigorously launching performance audit is an important task set by both the Strategic Plan of the Development of Audit Work for 2003 to 2007 and the one for 2006 to 2010. It is a major move for audit institutions to implement the scientific outlook on development, to comprehensively perform their duties in accordance with law, and to vigorously push forward the building of resource-saving- type society, as a response to the summon of the central government.In the history of the CNAO, finding problems of violation of laws and regulations and of embezzlement and corruption is always considered the most important role. However, with the development of social economy and democracy, there is another problem worthy of notice. That is low value for the use of funds and losses and wastes, due to faulty decisions and maladministration .This kind of problem does not often attract too much of the flocks attention. But, in fact, it would bring about much more serious harm than embezzlement and corruption. Take Image Project for example, the construction of project would take up a large amount of Funds of public finance, and yet, it is unable able to bring about benefit to the lives of the ordinary people and it also in no way plays a role in accelerating the economic constructions across the whole nation. Actually, it is just a kind of waste of resourceAccording to the statistics of IMF (World Economic observation post Database, International Monetary Fund, April 2008), until the end of 2007, GDP per capita of China has reached US$2,360. Moreover, in the most vigorous economy development s area, east provinces in China, GDP per capita has reached US$6000, which per fountain this area had crossed the threshold of initial stage of modernization. From the historical perspective of the development of international government audit, US$3,000 GDP per capita represents the stage of rapid development of performance audit practices in the advanced west countries, such as Sweden, United Kingdom, during the 60 to 70s of the 20th century.Such a period is also a time prone to social contradictions and problems and in particular, a crucial time characterized by quick changes in the form of economic growth in the economic system and speedy social reconstruction. The Chinese government is making great efforts in self-improvement and strength public administration. Accountability and performance are the detect elements and areas of the concern in the concept of modern public administration. It has been aware that the work and accomplishments of the government still fall somewhat s hort of what circumstances require and the people expect. The functions of government have not been completely transformed and public administration and public services are still weak. Some government departments have been co-occur responsibilities, their powers and responsibilities are not well matched, some try to shirk their responsibilities, and their performance is poor. The problems of formalism and bureaucratic behavior are fairly common, and fraud, extravagance and waste are quite serious. Oversight mechanisms and checks on government means are not strongly expected.Performance audit is also the inevitable necessary outcome in the promotion of democracy and the rule of law. The citizens are more and more concerning the public administration issues, and paying more attention on the ethereal and efficiency on the use of public fund. As an independent oversight institution, the CNAO was attached with great importance on the supervision of the shifting of government functions to a more agile public management and social services, and the gradual transformation of the government from the traditional mode characterized by managing everything by itself, to a government with limited functions, which is more transparent and accountable and service-oriented.Current Status of Performance Audit in ChinaThe Article 1 of Audit Law, which came into effect on 1 June 2006,gave the legal authority of audit institutions for the implementing of performance audit.It says Law is formulated in accordance with the Constitution, with a view to strengthening State supervision through auditing, maintaining the fiscal and economic holy order of the country, improving the efficiency in the use of government funds, promoting the building of a clean government and ensuring the sound development of the national economy and society. (Audit Law, Article 1)However, even before the promulgation of the new amended audit law, the performance audit practices have existed in China since the beginning of 90s of twentieth centuryThe first stage is from the beginning of 90s to the middle of it. During that time of period, the performance audit was mainly carried out for the performance outcomes of state- owned enterprises.According to statistics, in 1984, the very next year the audit insinuations at all levels were formed, during the process of traditional financial audits for 1263 enterprise, economy and efficiency of these enterprises draw attention of the auditors. Among the financial impact of the auditing findings of 3 billion RMB Yuan, nearly 1 billion was caused by the less economic and efficient use of funds.It was stated in the Annual National Audit Work meeting in 1991 that audit institutions at all levels should identify some large- or medium- sized stated-owned enterprises as regular auditees. The audit scopes not only include the truth and fairness of financial revenues and expenditures, but also extend to the test of internal control and performance out comes. Proper audit evaluation should be made to improve the economic efficiency (The Memo of Annual National Audit Work Meeting, 1991). Statistics show that during the ten years after the formation of CNAO, the total financial impact of the performance audit to these state- owned enterprises totaled to 21.1 billion RMB Yuan.From the middle of 90s, the performance audit in China turned to a brand new stage. At this stage, the audit scope shifted from the state-owned enterprises to the major investment projects funded by the government. The emphasis of the audits is put on the economic benefits to the efficiency and effectiveness of these projects.During this time, the performance audit practices were conducted during the audit of major investment projects such as the project of Conversion of Farmland to Forest, the Fund Use of Migration in Three Gorges Reservoir Area, and the Construction of Airports. With the implementation of performance audit methodology, it was not only the prob lems but also the root causes of these problems were revealed, which had a profound impact in the society.The criteria on the selection of audit topics areThe projects which are heavily invested by the government and great attention were paid by the national congress and the taxpayers.The availability of the resources in terms of the competences of auditors and budgetThe timeliness which are closely relevant to the current public administration reform.As well, audit institutions, in accordance with the relevant regulations of the State, carry out supervision through auditing the principal leading persons of government departments and of other units as to compliance about the financial revenues, expenditures and the economy, efficiency and effectiveness of relevant economic activities of their districts during their terms of office. This is a type of comprehensive audit which integrates the compliance and performance audit.From January to November of 2007, the total input in terms of human resources in audit institutions at all levels had amounted to one quarter of the total, which is ten percent higher than the same period of last year. Among the 30 audit projects launched by the CNAO, half of them were performance audit projects, which covered the major infrastructure investments at a national level such as South-to-north Water Transfer Projects, special funds on Disaster Rescue, and projects financed by foreign governments and international agencies. Besides, Performance evaluation is also structured in the traditional audit areas, such as budget implementation audit. Hereby, the volume of performance audit work amounted to two thirds of the total of the CNAO, also showed a ten percent rise in comparison to 2006. (The Memo of Annual National Audit Work Meeting, 2008)The focuses of these performance audit projects are not only to disclose the improper policy decisions, the waste in public expenditures and infrastructure projects, but also to reveal the detai ls in information security, the quality of constructions, environmental and ecological protections. Only within the 11 months from January to November in 2007, the financial impact on waste amounted to 27.1 billion RMB Yuan, and accordingly the investment on construction was reduce by 29.1 billion RMB Yuan.CURRENT SITUATION OF PERFORMANCE AUDIT IN UK, USA, CANADA AND SWEDENWith the intent of giving a picture of the performance audit framework of the above four countries and making a comparison with Chinese National Audit Office, the performance audit mandates, the audit scope, the resources employed and the audit criteria deployed of and by these SAIs will be investigated in this part.Performance Audit in UKThe National Audit Office (NAO) of United Kingdom has existed in its present form since 1983, but the public audit function in United Kingdom central government has a much longer history and used to be taken by the former Exchequer and Audit Department. NAO is independent from t he government and works on behalf of the Parliament and the taxpayers to hold government to account for the utilization of public funds, provide independent analysis and assurance to Parliament and to help to improve public services performance.In UK, a value for money examination is defined as the assessment of performance, identifies honorable practice and recommends improvements to economy (keeping costs down), efficiency (getting more output for what is spent) and effectiveness (delivering the desired results)( Annual Report of NAO, 2008, P10), that is 3 E audit.Performance audit practice has a long history under the instruction of the Parliament, especially, the Committee of Public Accounts, however, until 1983, no statutory authority was given to this new type of audit. In 1983, performance audit has been established as a distinct form of audit through National Audit Law, which gave a new foundation for the new National Audit Offices value for money audits.The major value for money reports produced by NAO focuses on how specific government projects, programmes and activities have been implemented. They examine the way policies have been put into effect and assess whether that represents value for money for the taxpayer. Just like Office of Audit General of Canada, no comment should be made on the policy itself.The topics under examination are identified by monitoring and analysing risks to value for money across the sheer range of government expenditure. NAO also try to keep our performance study topics flexible to accommodate emerging issues. Besides, proposals from Members of Parliament and in particular from members of the Committee of Public Accounts are also been taken careful account.Each year, around 50 values for money reports are delivered and investigated to the Parliament and the Committee of Public Accounts.In 2007, NAO produced 60 value for money report, and the sustain financial impacts of these reports amounted to 656 million, an increas e of 74million over last year, which also representing a return of over 9 for every 1 expenditure of running the National Audit Office. (Annual Report of NAO, 2008, P4)Ultimately, it is for the control and Auditor General to decide which studies should be undertaken.In terms of fund resources, about a quarter of the NAO budget, which amounted to 25.2 million, was spent on value for money audit, delivering the main programmes of assurance to the House of Commons.In terms of human resources, 238 of staffs, out of the total 845, are employed for the value for money audit purpose.Sustainability was also a feature of other reports during the year. The report on the Thames Gateway disclosed that the Governments vision for high quality, low carbon footprint, and sustainable developments in the region had not yet been translated into clear objectives, local strategies or developed plans.Performance Audit in USAThe Government Accounting Office of United Stated was established in 1921. GAO is an independent, nonpartisan, professional services agency in the legislative branch working for the Congress, and commonly known as the audit and investigative arm of the Congress or the congressional watchdog. GAO examines how taxpayer dollars are spent and advise lawmakers and agency heads on ways to make government work better. by and by World War II GAO began to perform more comprehensive audits that examined on only the financial compliance but also the economy and efficiency of government operations. By the 1960s, GAO had begun to perform the new type of audit, performance audit, which aimed to examine whether government programs meets their objectives. In 1970, the Bureau of the Budget and GAO agreed to establish government auditing standards. In 1972, the Comptroller General issued the first edition of the Standards for Audit of Governmental Organizations, Programs, and Activities Functions, which was known as the Yellow Book. In this yellow book, GAO decided to extend it s audit scope to performance audit, and defined its audit goals as check the financial activities and their compliances with current laws and regulations the economy and effectiveness of administration works Furthermore, their effectiveness in reality.During the last 20 years, GAO has sought-after(a) to improve accountability by alerting policymakers and the public to emerging problems throughout government. Effective July 7, 2004, the GAOs legal name changed to the Government Accountability Office. The change better reflects that GAO has become the modern professional services organization. The mission of GAO is to support the Congress in meeting its constitutional responsibilities and to help improve the performance and ensure the accountability of the federal official government for the benefit of the American people.Not like SAI in other countries, GAO is a legislative branch agency, so it is exempt from many laws that pass to the executive branch agencies. However, it general ly obeys the spirit of many of the laws, including Federal Managers Financial Integrity Act, the Government Performance and Results Act of 1993, and the Federal Financial Management receipts Act of 1996.The Federal Managers Financial Integrity Act emphases ongoing evaluations and annual reports to assure the adequacy of the internal accounting and administrative control of each agency. For the quest of improving public confidence in federal agency performance, the Government Performance and Results Act 1993 requires that federally funded agencies should develop and implement accountability systems based on performance measurement, including setting goals and objectives and measuring progress toward achieving them. The Federal Financial Management Improvement Act 1996 stresses on improving federal financial management by requiring that federal agencies implement and maintain financial management systems that comply with the requirements of federal financial management systems, appl icable federal accounting standards, and the U.S. Government Standard General Ledger.In later years, GAO gave the yellow book a more concise title, Government Auditing Standards, and updated periodically. In the latest revision of the auditing standards in December 2007, it emphases on enhancing performance audit standards that elaborate on the overall framework for high-quality performance auditing, including reasonable assurance and its relationship to audit risk, and the levels of evidence used to support audit findings and conclusion.GAO performs a series of oversight-, insight-, and foresight-related engagements, a vast majority of which are conducted in response to congressional mandates or requests. GAOs audit scope includes financial and management audits, evaluations of federal programs and performance, policy analyses, legal o

Monday, June 3, 2019

Rethinking The Deterrence Theory Criminology Essay

Rethinking The Deterrence Theory Criminology EssayWith much popular appeal, the concept of bullying has been wide accepted and downstairsstood, by judge and parliamentarians alike, to be a central tenet in the principles of sentencing and the wider penal system in England and Wales. Significantly, section 142(1) of the Criminal Justice Act 2003 expressly enjoins sentencers to take reckon of deterrence as atomic number 53 of the purposes of sentencing when determining what and how severe the appropriate punishment in a given case should be. In practice, as deterrence is widely sensed by judges, not only in the English and Welsh jurisdiction, moreover also elsewhere in the common law initiation, as a primary subject matter through which to afford public protection, in many cases involving adult offenders, precedence has tended to be given to deterrence over other get byations in the interest of the community.3Nevertheless, tensions be palpable between deterrence and other sen tencing aims.4The question of, for instance, whether punishment should be an end in and of itself, or whether it ought to be understood as a facilitator of the ideal of offender rehabilitation, extends in the front line of critical discourses into sentencing in the contemporary era.5Thus, it has become increasingly necessary to deliberate upon the goodness and value of deterrence not only in the context of sentencing but also to the purpose of the entire penal system.Within this context, the following essay forget proceed by first providing an overview of the paradigm of deterrence within the givinger framework of the contemporary penal system. It will then attempt to identify and question the clean-living and empirical underpinnings thereof. Further, it argues that from a criminological or sociological perspective, efforts to achieve deterrent effect, in single-valued functionicular where the individual offender is concerned, are in large fictitious character counterproducti ve. Finally, this essay rewards, whilst competition that deterrence as a penological theory is morally and empirically unsound, that it would be impractical to assume that deterrence will be creaky altogether in English sentencing law in the near future. Rather, the to a greater extent prudent and reasonable way to access code the matter would be to continue to observe the constantly evolving concept in an era of significant social, cultural, political and economic change. In conjunction with other penal theories, elements of deterrence will appear to remain a highly influential sentencing tool.Exposition of the deterrence theoryDeterrence is 1 of the oldest paradigmss in the history of criminological and jurisprudential inquiry. As early as in the early eighteen century, the primary purpose of state imposed punishments was said to be the reduction of nuisance, by means of terrifying potential offenders into obeying the law.6The punishment of prison house and the deterrence it brings about, by the relinquishment of the thoroughgoing freedoms, were onceived of as the best means of reducing offending in modern society7.Johnson defines the verb deter as to monish by terror, to fright from anything.8Deterrence can also be defined as including two separate aspects, depending on the class of people being tell at, namely individual (specific) deterrence and general deterrence.9Translated into judicial language in the specific context of sentencing, a Hong Kong judge, HHJ Ching Y Wong SC, drew the distinction thusA deterrent sentence may be in personam that is, individual or in rem that is, general. Normally if the circumstances that pertain to an offender are such that the courtyard is of the opinion that it mustiness be brought home to him that he is not to commit such rudenesss again, for example, a repeat offender, a deterrent sentencein personamis proper. When an offence is, inter alia, so prevalent or is so serious within its class, and the court is of the opinion that those of like minds are to be strongly discouraged from committing the equivalent or similar offences, then a deterrent sentencein remis called for.10In simpler terms, specific deterrence is directed at the offender in question and is expected to prevent her from reoffending by the imposition of punishment general deterrence, on the other hand, focuses on the public at large, and prevents potential offenders from engaging in roughshod conduct in the first place.11With its roots in the classical and utilitarian thinking of crime,12the deterrence theory is often compared to a cost-benefit analysis performed in the economic field.13Underlying the theory is the assumption that all offenders, and potential offenders, are by nature demythologized, the hallmark of their actions being the pursuit of maximum pleasure and tokenish pain. It follows that, as offenders choose, rationally and voluntarily, to commit crime, they respond readily to the perceived costs and b enefits of their actions.14As Lundman explains,If their unhurriednesss suggest that perceived benefits will exceed possible costs, then rational offenders commit crimes in anticipation of enjoying rewards. However, if these calculations lead criminals to conclude that costs will exceed rewards, then the rational course of action is to seek gratification in ways other than guilt.15In other words, if the calculation of the consequences of offending leads to the conclusion that there is more to be lost than there is to be gained from committing crime, the potential offenders should be naturally deterred.16Thus, within the utilitarian framework criminals are invariably errant, though still rational, individuals whose perversity or anti-social self interests serve to offer just about perceived benefits of offending.17It is in this light that Bentham passionately argues for the usefulness of deterrence, on the ground that the threat of punishment is the force employed to restrain possi ble offenders from commission of crime, from which the pain of punishment efficiency result.18Underlain by these ideas of rationality and self-interest, for deterrence theorists there are certain qualities necessary to an effective deterrent punishment. As Newburn elaborates on these qualities first enunciated by Beccaria19, punishment must come with certainty and be enforced consistently, and that it does should be acknowledged by the offender there must be celerity in the law, with punishment approach as promptly as possible, in order that both the public and the offender himself could see the relationship between the punishment and the offence as inevitably causal and finally, it must be properly proportionate to the crime, namely one that is relatively mild and moderate and inflicts pain exactly exceeding the advantage derivable from the crime.20Moral problems with the deterrence theoryAn emphasis on deterrence often leads to a harsher sentence than the offender would otherw ise be deemed to deserve.21The judgeship of Appeal has held, relying on the Strasbourg jurisprudence, that the legitimate object of deterrence can, in appropriate cases, amply justify such sentences.22It calculates apparent that in such cases the sentencing aim of deterrence can be paramount. Whilst weight would, in theory, perk up been accorded to the interests of the offender, where the alleged crimes are considered as threatening the wider community, the utilitarian theory of deterrence demands that individual rights and proportionality, in its narrow sense, subsume under the societal interests.23Young is critical of this judicial use of deterrence as a sentence enhancing factor.24He argues, not unconvincingly, that the theory is arguably inconsistent with fundamental notions of justice.25Indeed, why a persons liberty need be sacrificed for the educational impact it will render on others is a legitimate question to pose. This concern has been divided up by del Vecchio, who em phatically stated that the human person always bears in himself something sacred, and it is therefore not permissible to treat him merely as a means towards an end outside of himself.26A more fundamental moral weakness of the notion of deterrence pertains to the coherency of its ideological premise rationality. As in the analysis in Part I, deterrence has traditionally built upon the premise that individuals will desist from reoffending because of the fear inherent in the discipline and punishment meted out by the state. In a moral sense, then, a semblance of common reasoning is central to the application of the utilitarian reason of deterrence. Yet, as the famous philosopher John Rawls persuasively argues, there is no reason to assume that our sense of justice can be adequately characterised by familiar common sense precepts or derived from the more obvious learning principles.27It seems indeed somewhat simplistic to assume offenders as rational beings before or in the course of committing a crime. As the sign of the zodiac Office rightly conceded in 1990, offenders very seldom weigh up the possibilities prior to their conduct and typically do not act only after(prenominal) on rational premeditation.28In many instances criminals need to take their decisions hastily. Two young males fighting in a public street, for example, are un promising to run through ever thought about the consequences of their actions in the heat of the moment.29Moreover, as Cornish and Clarke argue, the decision-making process of offenders is remarkably limited in their understanding of possibilities, potentials and consequences.30For instance, most petty criminals are often badly informed about the criminal liability, let alone the penalties, associated with the crimes they commit.31As a result, even accepting that offenders are rational, it would be difficult, if not impossible, for offenders to flip accurately balanced the costs and benefits of the commission of the criminal ac t.32The weakness becomes even more obvious in the case of such rarer but usually more horrendous crimes as those involving violence, the offenders of which are characteristically not reasoning. Hudson plausibly argues that crimes of such phase are usually committed without a prior careful calculation of risk.33Most killings, for instance, are not rationally planned, but are impulsive and driven by strong emotion.34In other instances, such are crimes that pack intentionality where offenders commit crime regardless of the risk.35Interestingly, probably comprehending the moral difficulties existing therein, English courts have rarely invoked deterrence as a standalone ground for an otherwise disproportionate sentence. It is often relied on in conjunction with other penal theories. Deterrence has, according to the jurisprudence of the European Court of Human Rights, customarily been recognised as the twin of punishment.36Thus some commentators have gone further in contending that, in fact, punitiveness resides in the epicentre of the contemporary penal policies supposedly informed by the utilitarian principles of deterrence.37For them, the current political discourse and policy initiatives blame the offenders, silence excuses and see the punishment of the wrongdoer as the proper response.38Deterrence, then, has not been upheld on any principled basis, but has quite an been reduced to a morality that has to be upheld whatever the functional benefits.39As a result, from a philosophical perspective, classical utilitarianism upon which the theory of deterrence is based would seem quite unable to do justice to the mode in which many of our actual ends matter to us.40The epirical (in)validity of the deterrence theoryIt seems fair, to say that the empirical literature examining deterrence has not yielded enormous success different studies often tend to contradict each other, on occasions directly and completely.41Some evidence suggests that swift punishments do not abate the incidence of subsequent crimes any more than delayed punishments, owing to the cognitive capacity of humans to imagine.42More research efforts have been beat into the consideration of the other two aspects of deterrence. By and large, there is some evidence, albeit anecdotal in one way or another, showing that certainty of punishment has a greater deterrent effect than does severity of punishment.43However, even this is more than what Radzinowicz and King have been prepared to accept. They quite sensibly argue that, more precisely, it is the certainty of detection or intervention, not of punishment, that is the more crucial element in deterrence.44Lending support to this view, commenting on figures in the United States, Cornish and Clarke suggests that offenders are more likely to be put off by the immediate fear of exposure and being caught, as opposed to the threat of some penalty relatively unconnected in time.45Thus it may not be any surprise when Gough concludes th at deterrence should only be a minor consideration, if occupying a role to reckon at all, for the purposes of sentencing.46What is needed, in Goughs opinion, is tougher enforcement and targeted strategies that increase detection certainty, rather than any toughening of sanctions.On the other hand, there is a more critical view that the reduction of crime in these studies cannot be ascribed to deterrence. What have been influential might well have been the incapacitating effect of the punishment or other myriad variables quite asunder from the risks of punishment, including the motive for the crime, the strength of the temptation, the strength of inhibitions or moral revulsion against it.47In any case, all these studies, deriving as they do from crime statistics, must be interpreted with caution, whether they be supportive or dismissive of the deterrence principles. After all, there are no such things as empirical truths as such.48In determining whether or not deterrence should be regarded as being be exercise set by empirical difficulties, the entire discussion would prove moot if one does not appreciate the problem of interpreting crime statistics in the first place.Notoriously, any organised way of understanding about crime, criminals and crime control enclose in definitional and empirical terms is intricately problematic.49Ultimately, criminality is a natural by-product of such industrial, capitalist experience as economic growth, the easier availability of social opportunities, and the increased recognition of individual liberties.50It is essentially a social construct, varying as it does across time, place and people.51Viewed from such a perspective, deterrence is but part of a means devised by the state to statistically manage the social problem of crime.52Put in this wider social and political perspective, the extent to which deterrence is, just as punishment, thought to be a fundamentally important social theory inescapably reflects the broader poli tical economy of the urban society in which one lives.53As such, although crime data and criminal statistics are ostensibly transparent and open manifestations of offending patterns, to divorce the quantifiable empirical data from the broader politicisation of crime would be an unrealistic exercise provided the complex settings in the modern liberal democracy such as this country, in which crime, sociology and political economy are inextricably intertwined.54Doubts have therefore historically been cast onto the verity of the official figures with the most pessimistic criminological interpretations suggesting that crime statistics are universally doctored, and thus of limited worth to the understanding of the relationship between crime, the state and punishment.55In the final analysis, imagining crime figures as being free from bias would be to ignore the tension between broad generalization and the specification of empirical particular(prenominal)s,56and the interpretation thereof will inevitably entails an overly objective view of an inherently subjective phenomenon.57The anti-deterrent effects of punishment a criminological perspectiveSome criminologists do not merely dismiss deterrence as unconvincing, but have gone further in arguing that, quite far from producing the intended result, fear of punishment might sometimes lead directly to the commission of crime. It is possible that a criminal who has already offended, but not yet apprehended, feels that they have little to lose from further offending, because they have to be punished anyway. As Taylor cites as a striking example, at some point in the last century, a substantial minority of unmarried women in Scotland have been driven to commit infanticide exactly because of the fear of being in public humiliated as a punishment for adultery.58For those who have been apprehended and punished, further offending behaviour is still not impossible under the labelling theory, under which criminality is to be tho ught of as a quality created inevitably when punitive sanctions are applied to behaviour considered to be offending.59The offender takes on a criminal identity when he is labelled as such by a range of social reactions, including and following the imposition of an official sanction, which has the effect of isolating her from society.60Her probability to live by legitimate means whilst being labelled criminal would quite conceivably be reduced considerably, and resort might then have to be had to illegitimate ways of life. In this way the label is dramatised to the extent that it becomes entrenched and internalised.61In this light, the labelled, stigmatised and socially isolated, have to accept their status as criminals and build their lives accordingly, leading to a greater degree of deviance.62In this sense, punishment within the context of deterrence may in truth be counterproductive in reducing incidence of recidivism.63With all the negative social interactions that punishment entails, a sentence which speaks to the deterrence of the individual offender appears to reinforce the self-prophecy of criminality, render reintegration into the conventional world difficult, and a criminal career almost inevitable.64Thus punishment with a deterrent element may ironically result in the promotion of the kind of activities that it is designed to prevent.Conclusion Abandoning deterrenceor not?Deterrence has for the most part been discounted as an effective and justifiable approach to sentencing by academics, in particular criminologists, who are often more willing to consider the causes in addition to the consequences of criminal activity.65However, the popular appeal of the notion as a commonsense approach to sentencing appears to persist to this day.Given the important case of Attuh-Benson,66it seems unlikely that attempts, however able and sincere, to bring the criticisms levelled against the usefulness of deterrence before the courts would be of any avail. There t he Court of Appeal forcefully pronounced that if a different approach is to be adopted it should be in response to guidance from the Sentencing Guidelines Council who may wish to consider this matter.67After all, it is important to bear in mind that the way in which the state responds to criminality has always constituted an inexorably divisive conundrum with just any consensus as to what ought to represent a just punishment.68And sentencers, even those of the eminence and seniority of the Lord Justices of Appeal, will understandably consider and defer to the legislative objectives set forth in the Criminal Justice Act 2003, one of those being deterrence. Indeed, according to established principles of the common law, this is not an area in which the court should, in the words of Borins DCJ, sitting in the Canadian Supreme Court, pass on the wisdom of Parliament.69As such, discourses of deterrence are likely to remain a distinguishing give of the English sentencing policy, as in els ewhere in the world.(4172 words)Table of casesCanadaCiccone(1974) 7SASR 11October, 113Guiller (1985) 48 CR (3d) 226Luxton(1990) 58 cardinal (3d) 449Smith (1987) 34 CCC (3d) 97England and WalesAttuh-Benson 2004 EWCA Crim 3032Bieber 2008 EWCA Crim 1601Brown v Stott2001 2 WLR 817Holloway(1982) 4 Cr. App. R. (S) 128Howells19991 All ER50Sargeant (1974) 60 Cr App R 74Zampa(1984) 6 Cr. App. R. (S) one hundred tenEuropean Court of Human RightsEzeh Connors v. United Kingdom(2004) 39 EHRR 1Hong KongAG v Tang King-ming1986 HKLR 211HKSAR v Hiroyuki Takeda 1998 1 HKLRD 931Secretary for Justice v Ma Ping-wah 2000 2 HKLRD 312

Sunday, June 2, 2019

Women and Mathematics Essay -- Argumentative Persuasive Essays

Women and Mathematics Call me a bigot if you want but men are better mathematicians than women. Year after year, men score higher on the SATs, more(prenominal) men receive prestigious educations from the best technical schools in the nation, and men obtain more degrees, secure more jobs and get promoted more often. The ETS report on students taking the SAT examinations indicates that males have traditionally scored 40-50 points higher on the mathematics section (Women) In 1996, California Institute of applied sciences enrollment was 75% male, Massachusetts Institute of Technologys enrollment was 62% male, Renssalear Polytechnic Institutes enrollment was 77% male, Rochester Institute of Technologys enrollment was is 68% male, and Worchester Institute of Technologys enrollment was 79% male (Barons). The future for women who enter the work place as mathematicians is no more encouraging. Roughly three times as many women are unemploy ed and six times as many women are in discriminate time positions. The female mathematicians who acquire these ripe time jobs are less likely than men to be promoted to a position such as full or associate professor (awm-math.org). Females lack of success as mathematicians has nothing to do with their numerical potential. The reason females do not excel in mathematical fields can be explained by high school course selection, social pressures and support and not by genetic differences. Psychologists have studied the allude of environment on human development for years. Most would agree that environment does shape us and play a role in some elbow room or another. It is no wonder that mathematics has the tendency to turn women off. The world has ... ...cs. In the years, the country has started to realize the injustice it has been doing females in the field of mathematics. I think that in the future these biases and disadvantages will be a thing of the past. F emales have the mental capability to perform on an equal level with all prize and distinguished male mathematicians, but first social pressures and stereotypes must be eliminated. Works Cited1 Association for Women in Mathematics. Education and Career. http//www.awm-math.org/. 2 Chipman, Susan F. Women and Mathematics Balancing the Equation. Lawrence Erlbaum Associates Publishers, 19853 Custard, Edward T. The Princeton Review schoolchild Advantage Guide to the Best 301 Colleges. Random House, Inc. New York, 19964 Nolan, Deborah. Women in Mathematics Scaling the Heights. The Mathematical Association of America, 1997

Saturday, June 1, 2019

Robert’s Transformation in Mary Elizabeth Braddon’s Lady Audley’s Secre

Roberts Transformation in Lady Audleys Secret Robert Audley plays a major role in Mary Elizabeth Braddons Lady Audleys Secret. Robert is the nephew of Sir Michael Audley, and the young Lady Audley is his new step-aunt. The novel follows Robert in his quest to uncover the secret surrounding Audley Court and his friend, George Talboys. Within the first half(a) of the novel, the reader watches Robert transform himself from being happy-go-lucky with no cares at all in the world to a man devoted to his mission and thereby bonnie a true picture of true Victorian manliness. When Braddon first introduces Robert to the reader, he is completely relaxed. He has passed the bar and is a lawyer, but he never in truth practices law. The big expenditure of his time is concentrated on helping George grieve and recover from the death of his wife, Helen. After taking George on a trip to Essex where Robert had plotted to introduce him to his uncle, Robert becomes a different man. Before Robert gets a chance to make the introductions, George disappears. When he is unable to find h...