Monday, January 27, 2020

Simply Speaking Legal Positivism Philosophy Essay

Simply Speaking Legal Positivism Philosophy Essay Simply speaking legal positivism is synonymous with the positive norms as against the principles of natural law. Legal positivism is often contrasted with Natural law. Going by the natural law school of jurisprudence, most written laws must be or are usually informed by, or made to comport with, universal principles of morality, religion, and justice, such that if not considered fair, it loses the very basic premise for being termed law. For example, persons engaging in peaceful protest through civil disobedience often appeal to a higher natural law in denouncing societal practices that they find objectionable. Legal positivism acknowledges the existence and influence of non-legal norms as sources to consult in evaluating human behaviour, but they contend that these norms are only aspirational, for persons who contravene they suffer no immediate adverse consequences for doing so. By contrast, positivists emphasize that legal norms are binding and enforceable by the police power of the administration, where persons who disrupt the law may be made to face serious consequences which may include fine, custody, loss of property, may end up with death. Legal positivism is based on the ways in which laws have been created and does not demand justification for the content of law or a decision for or against the obedience to law. As such emphasis is mostly on the way laws have emerged over time through practicing, deciding or tolerating certain ways of creating a law. Positivism is based on the framework that issues of legal validity must be strictly separated from questions of morality. What is ought to be has nothing to do what the law actually is. Legal positivism finds it roots way back in ancient Christianity. It is believed that the Ten Commandments held sacred and pre-eminent values. When ancient Greeks intended for a new law to have permanent validity, they inscribed it in stone or wood and displayed it public for all to see. Prior to the American Revolution, English political thinkers like John Austin and Thomas Hobbes came up with the command theory of law. This philosophy model said that the only lawful establishments that the Courts should recognize are the commands of the sovereign. This was because only the Sovereign is entrusted with power over the military and police force. Three varied schools of thought emerge in discussion of legal positivism. 1. The Pedigree Thesis: The pedigree thesis asserts that legal validity is a function of certain common truths. Deriving profoundly from Jeremy Bentham, John Austin  [1]  contends that the major characteristic feature of a legal system is the presence of a sovereign who is habitually obeyed by most people living in the society, but not in the routine of observing any specific human superior. Austins assessment, a rule R is lawfully binding (that is, is a law) in a society S if and only if R is directed by the sovereign in S and is backed up with the danger of an approval. The severity of the threatened sanction is irrelevant; any general sovereign imperative supported by a threat of even the smallest harm is a law. For Austins command theory of law there is a need for the existence of identifiable sovereign in self-governing civilizations. In the United States of America, for instance, the final political power appears to belong to the common people, who pick leaders to represent their welfares. The chosen leaders have the authority to compel the behaviour but are regarded as servants of the people and not as repositories of independent power. The polling population, on the other hand, seems to be the source of the final political authority, yet it lacks the immediate power to coerce behaviour. Thus, in democracies like that of the United States, the final political authority and the power to coerce behaviour seems to reside in different entities. However according to the reputable H. L. A. Hart  [2]  , every legal system must contain so-called primary rules that regulate citizen behaviour, a system consisting entirely of the kind of liberty a restriction found in the criminal law is, at best, a elementary or nascent legal system. The Pedigree theory focuses on the specific rule, namely that necessitates citizens to do or abstain from certain actions, whether they wish to or not. On Harts view, Austins stresses on powerful force that leads him to overlook the presence of a second kind of primary rule that confers upon citizens the authority to produce, alter or extinguish rights and obligations in other persons. Hart lays down, the guidelines for leading the creation of contracts and wills cannot plausibly be characterized as restrictions on freedom that are backed by the danger of a approval. These directions allow people to structure their legal relations within the coercive framework of the law-a feature that Hart corre ctly regards as one of laws greatest contributions to public life. The concept relates clearly to a complete monarchy, but it is not vibrant when applied to a society where some group is the sovereign. L. A. Hart argues that the command theory cannot distinguish between a legitimate government and an armed robber (give me your cash or else). The above-mentioned philosophy is completely based on compulsion. Therefore, on Harts opinion, there are two basic situations that are necessary for the existence of a legal system: On one hand those rules of behaviour which are valid according to the systems ultimate criteria of validity must be generally obeyed, and, on the other hand, its rules of recognition specifying the criteria of legal validity and its rules of change and adjudication must be effectively accepted as common public standards of official behaviour by its officials. Harts view is vulnerable to the same criticism that he levels in contradiction of Austins. Hart discards Austins interpretation as the official application of coercive force can no more give rise to an obligation than can the application of coercive enforced by a gunman. Nevertheless the condition is not unlike that, if the gunman takes the internal point of view towards his authority to give rise such to a hazard. Regardless of the gunmans confidence that he is permitted to make the threat, the victim is grateful, but not obligated, to obey the gunmans commands. A gunmans behaviour is no less coercive because he believes he is entitled to make the threat. 2. The Separability Thesis: Legal positivism also finds its explanations in the Separability thesis. In its universal form, is the Separability thesis asserts that law and morality are conceptually distinct. According to this theory only an object-level claim is made about the existence of conditions for legal validity. More commonly, the Separability thesis is interpreted as making only an object-level claim about the existence conditions for lawful legitimacy. For example H.L.A. Hart  [3]  defines it, the Separability thesis is no more than the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain difficulties of morals; however in detail they have frequently done. Insofar as the objective level of understanding the Separability thesis denies it, its a necessary truth that there are moral constraints on legal validity, it suggests the presence of a conceivable legal system in which there are no moral constraints on legal validity. 3. The Discretion Thesis: Another theory commonly associated with positivism is the discretion thesis, conferring to which judges resolve problematic cases by making new law in the exercise of discretion. According to this theory a set of valid legal rules is exhaustive in nature and if any persons case is not covered under such a rule, then that particular case cannot be decided by applying that particular law. This gives the judges a quasi-legislative power to create or promulgate a law in circumstances where a case is not covered by a rule and hence the case cannot be decided by interpreting by applying an existing law/rule. Though often associated by positivism, the discretion thesis does not fit into the positivisms hypothetical idea. The pedigree and Separability theories mean to be conceptual claims that are true of every possible lawful arrangement. These two entitlements jointly proclaim that, within in every possible legal structure, the intentions of law are lawful in virtue of having been manufact ured according to some set of social agreements  [4]  . In this regard, there are no ethical restraints on the content of law that hold in every possible legal system. There could be three different senses in which a judge might be said to have discretion: (1) a judge has discretion when she exercises judgment in applying a legal standard to a particular case; (2) a judge has discretion when her decision is not subject to reversal by any other authority; and (3) a judge has discretion when her decision is not bound by any legal standards. Going by these, the discretion thesis is inconsistent with ordinary legal exercise. Even in the greatest problematic cases where there is no clarity appropriate law, lawyers dont request the judge to adapt the relevant issue by making new law. Each lawyer cites cases favourable to her clients position and argues that the judge is bound by those cases to decide in her clients favour. As a practical matter, lawyers hardly, if ever, acknowledge th ere are no legal morals governing a case and ask the judge to legislate in the exercise of discretion. 4. Conclusion: I conclude by saying that the modern rules in relation to particular place or people were mostly traced or taken from the past rules or from another lawful organization. All the contemporary laws have its individual creation, the issue of conflict of positivists view and historical interpretation is not as real as it thought. The most influential criticism of legal positivism all flow from the suspicion that it fails to give principles its due. The law has significant tasks like bringing harmony and peace in our lives, preceding the common good in safeguarding human rights, or to rule with honesty and therefore it has more relevance with our morals. A. Lon Fuller denies the separation of law and morality. He considers that all the good qualities and characteristics flow by clear consistent and open practices, which can be found not only in law but also in all other social practices in which those features including custom and positive ethics prevail. Further he reproaches that if law is a matter of fact then we are without an explanation of the duty to obey. If amoral law is made there is an obligation to obey.

Sunday, January 19, 2020

Potential of Islamic Banking India

The basic principles on which the Islamic banks function are prohibition of Rib I. E. Collection and payment of interest and prohibition of investment in organization involved in unethical and socially harmful activity. He profits earned by a bank from its activities and returns made by a bank to the depositors shall be (a) from sharing of risk In the project and (b) profit-share agreements and not pre-agreed fixed interest payments, which Is considered as prohibited earnings because pre-agreed interest agreement has no sharing of risk of investment of money. In last few decades the Islamic bank has gained huge momentum. It is growing faster than any other subset of world banking; at 15 to 20 per cent a year (see McKinney report (Exhibits) for asset growth of Islamic bank as compared to conventional banks in selected few companies).The Economist estimates Islamic assets under management Now days the Islamic banking has become major point of discussion In India. Even RIB had appointed a committee to check the feasibility of Islamic banking in India. The India wants to achieve two objectives by offering Shari compliant banking: a) Financial Inclusion of Muslims: Sacra committee report shows that the Muslims are financially exclude and they are not able to get benefited by the recent growth experienced by India. The report says that the condition of Muslims Is similar to that of SC/Set's.One of the measures of financial loss to Muslims Is Credit/deposit ratio which is much lower than the national average. One such calculation is shown in Exhibit (2). In the state-wise analysis it is found that advances to the Muslims are lower than other minorities (Exhibit 3 shows the graph for few states which has high Muslim population). ) To attract capital from Gulf countries and other Muslims nations. Banks broadly performs two functions: 1) Sourcing of fund Combined effect of these two transactions is profit generation which ensures the growth and sustainability of any bank .To analyze the future potential of Islamic bank in India we shall use the above model of banks. We would look whether there are enough sources of funds and possible avenues for investment in India which are Shari compliant. Sources of Fund: The main source of funding for banks will be a) Public deposits b) Special Investments c) a) Public deposits: Though both Muslims and non-Muslims an avail of Shari compliant product, but generally the main target of the Islamic bank will be Muslims because it caters not only to their financial product need but religious need as well.Muslims Depositor: India boasts of about 154 million Muslims. Diana Standard estimates their total annual household income of $48 billion (Bag. Household Income x Bag. Household size x Population). DRP. Nasal estimates that there are over Indian RSI. 40 billion of funds to invest by Indian Muslims annually. The Muslims till now have been financially excluded. Their condition is described as similar to SC/SST by Sacra committee report.The lower involvement of Muslims in banking system of country could be because of any or combination of following reasons: Unavailability of Shari compliant product Unwillingness of the Lenders to lend to Muslims (It may be due to dearth of Collateral's available for getting loan) Financial constraints of the Muslims (Poor household Income) Financial illiteracy of the Muslims. If Shari product is made available first problem (a) is completely solved. Second problem (b) partly solved because the Shari finance is basically equity financing which does not seek collateral's.But it is yet to be found out which factors contribute o what percentage of the financial exclusion. But we can safely assume that Poor Financial condition and poor financial condition plays the major role in their financial exclusion. According to Sacra committee report about 30% of Muslims are PL. Thus large portion of the Muslims are not bankable. Even if we look at the corporate level we can fin d very few companies which are promoted by Muslims. Non Muslim depositors: India has more than 90 core non- Muslim population.The only reason why the Non-Muslims will go for the Shari compliant product is better product offering and very good marketing strategy of Islamic bank. Malaysia has shown that even large of Non-Muslim transact in Shari compliant product. It is estimated that 20% customers of Islamic Bank of I-J are Non-Muslim. In Malaysia, 40% of Sucks are taken by non-lilacs Institution and up to 40% of clients are non- Muslim. If product is marketed well the product can find huge market. Indian individuals and corporate are found to be debt averse as compare to their western counterparts..And in case you are unable to pay the loan there is chance of penalty banking. But Islamic banking is Equity based financing which will reduce the fear of indebtedness. B) Special Investment : Investment of Fund: Islamic bank have many avenues in India where they can invest their fund. Fe w of the identified areas are : 1) Equity market: Islamic bank can invest in the shares of the company which are Shari compliant. It is found that there are more than 1000 companies belonging to different sectors which are Shari compliant.Exhibit 4 shows the percentage of Shari compliant stock and their distribution across various sector Home loans: Home loan is other fascinating area where Islamic bank can invest. Statistic of N.B. shows that the home loan as percentage of GAP is growing at very fast rate in India. As against the convention home loan the Islamic bank offers home loan on the basis of lease, where the bank buys the home and sell it to the customer at profit. The bank receives the money from customers some time later (or in Installment). This model can work in India because Indians are scare of debt.And in case you are unable to pay the loan there is chance of penalty and public shame Other potential investment area: Source: Business Standard Road ahead for Islamic Ba nk: Offering Shari compliant product is not new thing in India. India had hundreds of NBC which were catering to the Islamic needs. Though successes. These insights will help us in formulating strategy for introducing Islamic banking in India. Indian Islamic NBS were started either out of the need to rescue people from the ruthless moneylenders or out of a concern for the economically backward and downtrodden.

Friday, January 10, 2020

Introduction to Asthma

Asthma is an inflammatory disorder of the airways, which causes attacks of wheezing, shortness of breath, chest tightness, and coughing. There is no cure for asthma, but most people can control the condition and lead normal, active lives. Different things set off asthma attacks in different people. Smoke from cigarettes or a fire, air pollution, cold air, pollen, animals, house dust, molds, strong smells such as perfume or bus exhaust, wood dust, exercise, industrial chemicals all can trigger an attack. The symptoms of an asthmatic person are cough with or without sputum phlegm production, Shortness of breath that gets worse with exercise or activity, Pulling in of the skin between the ribs when breathing intercostals retractions, Wheezing, Usually begins suddenly, Comes in episodes, May go away on its own, May be worse at night or in early morning, Gets worse when breathing in cold air, Gets worse with exercise, Gets worse with heartburn reflux, Gets better when using drugs that open the airways bronchodilators The emergency symptoms are the decreased level of alertness such as severe drowsiness or confusion, during an asthma attack. The bluish color to the lips and face. Extreme difficulty breathing for a person is hard. Severe anxiety due to shortness of breath, Sweating. An additional symptom that may be associated with this disease is abnormal breathing pattern breathing out takes more than twice as long as breathing in. Have a chest pain is hard to breathe when u having asthma and it’s hard when tightness in the chest. Breathing temporarily stops and nasal flaring. The goal of treatment is to avoid the substances that trigger your symptoms and to control airway inflammation. Peoples and doctors should work together as a team to develop and carry out a plan for eliminating asthma triggers and monitoring symptoms. There are two basic kinds of medication for the treatment of asthma. There are long-acting medications to prevent attacks. Quick relief medications for use during attacks. The long-term control medications are used on a regular basis to prevent attacks, not to treat them. Such medicines include as inhaled corticosteroids such as Azmacort, Vanceril, AeroBid, and Flovent prevent inflammation. Leukotriene inhibitors such as Singular and Accolate. Long-acting bronchodilators such as Serevent help open airways. Cromolyn sodium Intel or nedocromil sodium Tilade. Aminophylline or theophylline. Sometimes a combination of steroids and bronchodilators are used. Quick relief, or rescue, medications are used to relieve symptoms during an attack. These are short-acting bronchodilators inhalers, such as Proventil, Ventolin, Xopenex, and others. Corticosteroids, such as prednisone or methylprednisolone given by mouth or into a vein Most people with asthma have wheezing attacks separated by symptom free periods. Some patients have long-term shortness of breath with episodes of increased shortness of breath. In others, a cough may be the main symptom. Asthma attacks can last minutes to days and can become dangerous if the airflow becomes severely restricted. In sensitive individuals, asthma symptoms can be triggered by breathing in allergy causing substances called allergens or triggers. Allergy testing may be helpful in identifying allergens in patients with persistent asthma. Common allergens include pet dander, dust mites, cockroach allergens, molds, and pollens. Common respiratory irritants include tobacco smoke, pollution, and fumes from burning wood or gas. The doctor will use a stethoscope to listen to the lungs. Asthma related sounds may be heard. However, lung sounds are usually normal between asthma episodes. The tests that an asthma may include. Blood tests to measure eosinophil count a type of white blood cell and a type of immune system protein called an immunoglobulin. Lung function tests, Arterial blood gas, Chest x-ray and a peak flow measurements. There is no cure for asthma, although symptoms sometimes improve over time. With proper self management and medical treatment, most people with asthma can lead normal lives. The prevention of asthma symptoms can be substantially reduced by avoiding known triggers and substances that irritate the airways. Bedding can be covered with â€Å"allergy proof† casings to reduce exposure to dust mites. Removing carpets from bedrooms and vaccuuming regularly is also helpful. Detergents and cleaning materials in the home should be unscented. Keeping humidity levels low and fixing leaks can reduce growth of organisms such as mold. Keep the house clean and keep food in containers and out of bedrooms this helps reduce the possibility of cockroaches, which can trigger asthma attacks in some people. If a person is allergic to an animal that cannot be removed from the home, the animal should be kept out of the patient's bedroom. Filtering material can be placed over the heating outlets to trap animal dander. Eliminating tobacco smoke from the home is the single most important thing a family can do to help a child with asthma. Smoking outside the house is not enough. Family members and visitors who smoke carry smoke esidue in and on their clothes and hair this can trigger asthma symptoms. Persons with asthma should also avoid air pollution, industrial dusts, and other irritating fumes, as much as possible. The complications of asthma can be severe. Some include as Death, Decreased ability to exercise and take part in other activities. Lack of sleep due to nighttime symptoms of dealing with asthma. They are permanent changes in the function of the lungs and persistent cough. The trouble breathing that requires breathing assistance ventilator. Call people health care provider or go to the emergency room. An asthma attack requires more medication than recommended. The symptoms get worse or do not improve with treatment. People have shortness of breath while talking. There is severe shortness of breath at rest. The peak flow measurement. The peak flow measurement is less than 50% of your personal best. Some people have severe chest pain best. Drowsiness or confusion develops. What are the causes in asthma all people with asthma have the same underlying problem an immune system that overprotects the lungs. Cells that defend the body stay gathered in the airways and produce mucus, a moist substance that keeps the airways free of dust. But if an irritant, such as smoke, pollution, or cold air, comes along, these defense cells overreact they make too much mucus. The mucus clogs the breathing passages. At the same time, the muscles lining the passages contract, squeezing and narrowing the airways. The result is that less air is able to flow in and out of the lungs. Doctors aren't sure what causes these cells to stay gathered in a person's airways in the first place, but they do know that the problem tends to run in families. If one of the parents has asthma, the odds that you will have it are higher. People are even more likely to have asthma if both of their parents have it. Asthma shows up before the age of 18 for about half of the people who develop the condition. But it can appear at any age, even when a person is in his sixties or older. They have preventions for an attack. There are three keys to taking control of the asthma: faithfully using your prescribed medication, periodically checking your breathing at home, and avoiding the things that set off the symptoms. With these keys, there can prevent attacks rather than just treating them. Using medication that people need. Certain anti-inflammatory drugs can ward off attacks or lower the number of attacks you have. Most often, people breathe in the medication using an inhaler. These drugs keep the defense cells that stay in their airways from overreacting and causing an attack. The doctor will tell a person how many times a day to use the inhaler and how many puffs to take each time, based on how bad your asthma is. He or She must follow this schedule for the inhaler to work. And it's important to remember that using anti-inflammatory drugs won't help during an attack. It's a good idea to rinse him / her mouth out with water after using the inhaler. This will help prevent an infection in the mouth, a rare side effect of the drug. Anti inflammatory drugs also come in pill form, but usually only people with severe asthma need to take pills. In pill form, the medicine goes directly into the bloodstream and stays in the body longer, having a more lasting effect than an inhaled drug does. Anti inflammatory drugs are sometimes called corticosteroids. However, they have nothing to do with the muscle building hormone that many people think of when they hear the term steroids. A person might have to check their breathing from time to time at home with a device called a peak flow meter. This small, hand held instrument measures the amount of air that you are able to blow out. The measurement gives people a better idea of the clearness of their breathing passages than they can sense of their own. Using the flow meter regularly will help you and your doctor work out the best possible treatment plan. If people keep getting good results, meaning they're breathing easily, they may not have to use the inhaler as often or at all. A dip in the flow meter’s reading, showing that you are able to exhale less air than usual, can warn people that an asthma attack is coming. What to do if people have an attack. She/he won't always be able to prevent asthma attacks. If they have one, take action immediately. Have people medicine handy to their doctor will prescribe drugs that relieve the symptoms of asthma should before they suffer an attack. These drugs are called bronchodilators. Their inhale them, and they quickly work to open up their airways. If people asthma is very mild, the bronchodilator may be the only drug they need at that time. People often confuse these drugs with inhaled anti-inflammatory medications, which act on the immune system cells in the lungs but will not loosen their breathing passages during an attack. Check their breathing. Use the flow meter to see if an asthma attack is responding to your medication. If it's not, get emergency care right away. Unlike bothersome substances, exercise is not an irritant that you need to avoid. Although vigorous activity can cause attacks in many people with asthma, there are things that a person can do to make exercising more comfortable. Experts encourage adults and kids to go for it to participate in pretty much whatever sports or activities they like. There have even been Olympic athletes with asthma. Asthma symptoms can appear during their workout or after they finishing exercising. The symptoms are thought to be caused by changes in the temperature and moisture of the air they breathe. Usually an exercise flare up reaches a peak in five to ten minutes and then goes away by itself in 30 minutes to an hour. Here are some things that they can do to avoid asthma symptoms while people work out. Start slow. Spending a few minutes warming up before they go all out can help prevent the symptoms. Be prepared. To lessen the negative effect of physical activity, the doctor may tell people to take a couple of puffs from their bronchodilator inhaler about ten minutes before they start exercising. Check the air quality. While exercise itself rarely brings on a bad attack, exercise in combination with another irritant can create a serious problem. If they are sensitive to air pollution or pollen, for example, and most run on a day when the air is smoggy or pollen counts are high, they may have trouble. A better choice on such a day is to exercise indoors. Check the air temperature. Like physical activity, cold air brings on asthma symptoms in many people. The same bike ride, walk, or roller skating outing that you can handle in mild weather may be tougher in the winter. Work out when they're healthy. They’re more likely to experience a flare up during exercise if you have a virus. Make sure that they're over a cold or the flu before going back to their routine. A stuffy nose can also create problems. People’s nose warms and moistens the air and the inhale. But when people have to breathe through their mouth, colder, drier air goes into their airways, causing asthma symptoms. If they often have a stuffy nose from allergies, ask their doctor about treatment. As a mother, there is no need to be too worried or over protective of their asthmatic child. Look after her/him as people would for other children with love, care and encouragement. Although asthma cannot be cured, with proper management, asthmatic children can still lead happy and healthy lives like any other children. As most mother are very protective with me their child when she/he was born with asthma.

Thursday, January 2, 2020

The Destruction Of Pesticides And Pesticides - 1519 Words

There were a number of ideas presented in the book that were unfamiliar, such as the idea that plants, animals and people died, either from ingestion of the pesticides used to kill insects in plants or indirect consumption of it. These chemicals are sprayed on crops and forest and is embedded in the soil and enters living organisms, moving from one organism to another. It was particularly interesting to find out that fruit trees blossom but did not produce any fruits because the bees did not pollinate the blossoms and the birds laid their eggs but they were never hatched. All this was a result of the dangerous effects of the pesticides and herbicides used. Especially DDT, it was most often aerially sprayed without the public’s knowledge to exterminate mosquitoes and other insects but it affected the unhatched birds by making their egg shells tremendously thin which resulted in damaged and fragile eggs not being hatched. 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