U08a1 Compensation & Benefits Assignment Template Essay

U08a1 Compensation & Benefits Assignment Template - Essay Example Legally mandated benefits involve guaranteed pay; these are monetary reward provided by an employer based on the relationship between employee and employer. In most cases, guaranteed pay is best presented in basic salary (Andrus, 2012). On the other hand, variable pay is an example of voluntary benefits paid by an organization to a worker that is based on management discretion, effectiveness or results realized. Usually, voluntary benefits are best represented in bonus forms and sales incentives. Benefit communication should involve offering employees the right information on the incentives they stand to gain and allowing them adequate time to make hard decisions, if any. The practice also involves helping them go about permanent conditions, which is usually easier to manage than awaiting the eleventh hour. Employees should be educated on behaviors like maintaining good health and refraining from drug use (Tacchino, & Littell, 2011). Compensation policies are often riddled with different problems. These include the challenge of hiring the right employee to a given position. Unfavorable Political, Economic, Social, Technological, Legal and Environmental conditions hinder the implementation of better compensation policies (Szendrei, & Rodriguez, 2010). Pros. Formal pay structure is advantageous because an employee can make permanent plans based on it. Non-monetary compensation enables the employee to save monetary resources, and feels part of the organization. Cons. Monetary compensation can be easily wasted by the employee. Non-monetary compensation may sound a long-drawn burden to an employee, especially those who have access to better non-monetary compensation offered by an organization. Organizations carry out a cost benefit analysis to find out how effective, or how badly, an intended action will impact organizational goals. Even though, the analysis can be employed for almost any case, it is usually executed on

Polarity analysis of the situation Term Paper Example | Topics and Well Written Essays - 1000 words

Polarity analysis of the situation - Term Paper Example Polarity analysis of the situation Questions are used for probing and developing understanding of the situation. The questions are important during the verification and acquisition of data. Data collection depends on the questions asked or used during the probing. However, the questions used in the process must address issues in the situation. The difference between open and close ended questions is the response type. An open ended question is a question that cannot be answered using a simple answer because of the nature of the question (Paton, Paton and McCalman 132). Closed-end question or questions that require simple answers such as yes or no. however, each question has the role to play in the research process. The open ended question is useful when collecting diverse information. Closed questions ensure accurate data collection with the success but limit the scope of operation. When diverse data are needed, open ended question is helpful. Opened-ended questions are the best in diverse data collection which involv es the creation of open ended questions that can be answered by the respondents. Open-ended questions are simpler to administer, but their data are hard to analyze and have a conclusive result. The use of open ended questions is effective when collecting the data for product upgrade or improvement with the success of upgrade resulting from.Problem solving approach is one of the most common approaches in solution provision. The success of the approach is based on the ability to address several problems that have already been highlighted and identified.

Seagull play by anton chekhov Research Paper Example | Topics and Well Written Essays - 1000 words

Seagull play by anton chekhov - Research Paper Example He helped his father who ran a small business of provisions that was quite unsuccessful. However, it was during these hard days at his father’s shop that he observed and listened to some interesting stories from those who visited. During the summers he went to stay with his grandfather who had become the manager of an estate near Taganrog. He loved spending his time with the peasants who worked on the estate and enjoyed fishing and roaming about in the countryside. When Chekhov was around fourteen years old, his father moved the family to Moscow and he was relieved from working in his father’s shop. It was then that he began to make good progress in his studies and finally became a student of medicine. In his attempt to help his family, he led the dual life of student and author and it is with these experiences he emerged as a blazing genius of both wit and compassion. The characters in Chekhov’s story are most endearing as some of them long for love but do not g et it and some of them experience love but do not fulfill it. The main characters in the play are Treplev, a playwright who is anxiously getting things ready to stage his first play that is both abstract and symbolic in meaning. He loves and adores Nina, an actress who does not reciprocate his love till the end of the story. Nina on the other hand, is shown to pursue Trigorin, a creator, because she becomes in awe of him, but is left bereft of his love in the end. She goes to the extent of having an affair with him, becoming pregnant and even suffering the loss of her baby, but she does not win his love till the end. One of the other main characters in the story is Treplev’s mother Arkadina, who is a quite a celebrated actress and loves Trigorin. On the other hand, Trigorin seems to be playing double shuffle between Arkadina and Nina, professing his love to each of them at different times. Arkadina is selfish and self-centered and shows her dislike for her son Treplev’ s play. She rudely interrupts the play several times until Treplev is forced to bring the curtains down on the play. Though her son longs for her love and acceptance, she is too conceited to realize and reciprocate his love, neither does she show him any sympathy or encouragement. Medvedenko, who is a poor school teacher, is madly in love with Masha who is the daughter of Shamraye, the manager of an estate. Masha tells Medvedenko in clear terms that though she knows that he loves her, she cannot love him in return. But finally we find that both of them come to terms with their feelings for each other and get married and settle down. The Seagull depicts a poignant love story that focuses its attention on the playwright’s tragic love quest for Nina, the beautiful actress who rejects his sincere love. He craves to be loved and admired by Nina, who does not reciprocate his love in the least. When his play does not turn out successful he is ridiculed and scoffed at by his mother a nd all those around her. He yearns for solace from Nina but receives nothing from her. In quite a symbolic manner he brings a dead seagull and places it at her feet and tells her that she does not love him because his play was not a success. Chekhov uses the dying seagull to symbolize the pain of defeat and suffering and its acceptance through death. All the other characters in the play support the theme of unrequited love by reflecting the pain and suffering of their own lives. While

The Benefit of Games Essay Example for Free

The Benefit of Games Essay A sound education system is one that seeks the overall development of an individual, both in mind and in body. In fact the main purpose of education is to encourage the growth of a healthy mind in a healthy body. A good career that brings a high income alone does not guarantee a happy life. One must also be endowed with good health. Only a healthy lifestyle with a healthy eating habits and lost of exercise can bring about health. Therefore, games should be made compulsory in schools. Games promote positive qualities like team work and sportsmanship. In games which involves in team like football, volleyball and basketball, players must cooperate with one another to ensure the success of their team. There is no place for selfish desires and personal glory. On the other hand, when the team loses, all the teammates share the blame. Games and sport make the school life interesting. They add variety. Imagine having to study a whole day and then having to sit for exams. It will be both monotonous and boring, just as the saying goes ‘All work and no play makes Jack a dull boy. ’ Every game has its own set of rules and regulations. Players must adhere to these rules and regulations. If a player goes against any of them, he will be penalized. Games, thus, help students to be disciplined. Similarly, students become aware that as they grow older, they have to conform to the norms of society. If they do not, they run the risk of being ostracized. Games which are held after school hours will keep students occupied. They will not have time to pursue undesirable activities such as loafing and watching blue movies. This proves the adage, ‘An idle mind is the devil’s workshop. ’ Taking into consideration the numerous benefits games and sports have to offer, it is imperative that they be included in the school curriculum.

Education Essays Special Education Need Pupils

Education Essays Special Education Need Pupils Do Individual Education plans help or hinder the full inclusion of special education need pupils in mainstream schools? Individual Education Plans (IEPs) are required under current DfES guidance for all special education needs (SEN) pupils in the UK. Nearly two million British pupils are estimated to have some sort of special education need, approximately seventeen per cent of all pupils (Russell 2003, DfES 2005). These special educational needs include a wide range of difficulties, such as a physical disability, a hearing or visual impairment, a serious medical condition of some type, and/or behavioural, emotional, communication, and/or social problems (DfES 2005). Government guidance since the publication of the Warnock Report in 1978 has more and more encouraged the inclusion of SEN pupils in mainstream schools, and all but three percent are taught there (Potts 1995, DfES 2005). This concept of inclusion is part of a broader human rights movement that views segregation in general as morally wrong (Avramidis et al 2000). From this standpoint, inclusion is not simply about making sure the SEN child is taught effectively. Rather, it is about the quality of his or her educational experience as a whole, how he or she is assisted in learning at full potential and full participation in the life of the school (DfES 2005). As such, the IEP system should contribute to the full inclusion and participation of SEN pupils in the schools they attend. However, whilst IEPs do provide some help for those with special education needs, they are not the most beneficial means to full inclusion in the mainstream schools. First, IEPs should allow everyone in a school to be informed of the existence and nature of a childs special education needs. This is particularly important if the need is not visually evident. For example, many children with learning disabilities may not be identified for several years of schooling. Often this will be blamed on some other condition, such as laziness on the part of the child or problems at home, until the education need is finally identified (Chuiang, Liao and Tai 2005). In this instance, the child is repeatedly placed in learning experiences where he is unable to succeed. The child then loses motivation and falls behind in development of basic skills in they are related to his disability. Students who fall behind and experience learning difficulties are often unable to participate fully in class and become disenfranchised with their school communities and in some cases with their peer in general (Jones 2004). IEPs allow the childs special education need to be communicated throughout his learning community, accommodations to be made, and the child to remain engaged with his peer group and academic work. IEPs also provide consistent guidance for everyone responsible for the childs learning. Prior to the use of IEPs, SEN children were often identified discovered anew each year, with teachers working through how to address childrens needs over and over again rather than information being passed on from the previous years teachers (Jones 2004). Similarly, not all staff in the school that interacted with a SEN child were aware of the childs situation, preventing his needs from being met (Jones 2004). Parents and children were also not as involved prior to the use of IEPs, in which they are now guaranteed input (Jones 2004). IEPs document both the childs specific needs and provide a means of involving many of the stakeholders in the childs educational experience. The IEP system, however, is not the best way to address special education needs. For one thing, the system isolates and provides services for pupils with one type of learning problems whilst not addressing the needs of pupils whose problems are more environmental. Issues such as health problems that interfere with school but are not a serious medical condition, poor attendance, speech and language difficulties, problems at home, and emotional or behavioural difficulties outside the SEN guidelines are not addressed by IEPs (Callias 2001). This not only can cause a delay in identification of SEN children, as other contributing factors are considered, but also makes no provision for pupils suffering from issues such as above which compromise their learning experience (Callias 2001). IEPs can therefore be viewed as a hindrance to full inclusion. As long as the IEP system is in place, there is less likelihood that government guidance or individual LEAs or schools will move to a whole-school strategy for all pupils (Lingard 2001). IEPs provide a framework for addressing the needs of SEN pupils, but do so on an individual basis for each pupil. If whole-school strategies were in place, IEPs could be much less detailed, or possibly eliminated (Lingard 2001). For example, the current system requires Special Educational Needs Coordinators (SENCOs) at each school to spend a great amount of time writing and administering IEPs, which nearly all report could be more effectively spent on direct pupil interaction (Lingard 2001). Most SENCOs felt the pupils and the school as a whole would benefit from a system where the planning and other work associated with IEPS was shared amongst all the teachers and staff responsible for the pupils learning (Lingard 2001). Where whole-scho ol policies and schemes of work are used effectively in order to differentiate the teaching of the subjects of the curriculum, there should be no need to duplicate targets in over-elaborate IEPs (Byers 2001, 159). The IEP system can be viewed, therefore, as a hindrance to full inclusion because it prevents schools from moving to a whole-school strategy for addressing SEN pupils learning needs. Within the current IEP system, there are three additional hindrances to full inclusion. A lack of input from all stakeholders in the forming of the IEP contributes to their ineffectiveness. Too often, the SENCO completes the entire IEP creation before input from parents and child are considered (Lindgard 2001). As this overworked educator rarely can gather all the pertinent information needed, IEPs are often lacking critical data. Even though government and educational authorities are required by the Children Act 2000 to consider the child holistically, many parents are unsure as to what information would be useful and therefore provide little input (Goldthorpe 2004). Similarly, many teachers view the IEP as the SENCOs responsibility and neglect to provide detailed data (Pearson 2000). This is sometimes compounded by lack of support by some teachers for inclusion of SEN pupils in mainstream schools (Pearson 2000). This lack of input from all stakeholders can lead to an IEP that is no t supported by those who actually interact with the child, and therefore limits their effectiveness in promoting full inclusion. In addition, IEPs are not effective in goal setting. Ofsted (1999) found that although schools now have IEPs in place, their effectiveness varies. For example, IEPs present long-term goals, typically a school term or year in duration. SEN children respond better to short-term goals, like to read a chapter of a book in two weeks. As IEPs stretch out measurement of progress to the next review, they consequently become less useful in practice and less meaningful for SEN children, who are often unable to conceptualise or recognise their attainment and progress (Lingard 2001). Behavioural goals, for instance, are more effective on many IEPs than learning goals, because the behavioural goals tend to be highly specific, allowing children to understand exactly what they need to do to achieve these goals (Lingard 2001). Finally and most importantly, IEPs hinder full inclusion because they concentrate on childrens deficiencies. The other children in school are viewed in their entirety, good and poor (Kurtzig 1986). The SEN child sees his classmates considered by school staff on the basis of many possible strengths, such as athletic, artistic, and social, in addition to academic. Yet the IEP focuses the attention the SEN child receives on his difficulties. The IEP by nature considers only areas where the child is lacking (Kurtzig 1986). Schools should create in the same great detail what the student does well, and how he or she can continue to excel (Kurtizig 1986, 447). This presents two detractions to the SEN childs full inclusion in the mainstream school. First, it causes the child himself to view himself as different and segregated from his classmates without special education needs. This causes the child to not experience full inclusion, and often leads to the child self-segregating or feeling it necessary to hide his learning difficulties from peers (Russell 2003). Second, it causes the school to separate the child, as the SEN child now has a specific document that causes teachers and others responsible for his educational experiences to view him as different or separate from his classmates (Russell 2003). Both these effects of the IEP lead to separation and segregation, the very opposite of full participation in the life of the school (DfES 2005). REFERENCES Avramidis, E., Bayliss, P., Burden, R. 2000. A Survey into Mainstream Teachers Attitudes Towards the Inclusion of Children with Special Educational Needs in the Ordinary School in one Local Education Authority. Educational Psychology, Jun2000, 20(2): 191-211. Bowers, T. and Wilkinson, D. 1998. The SEN Code of Practice: is it user-friendly? British Journal of Special Education, September 1998, 25(3):119-125. Byers, R. 2001. Editorial. British Journal of Special Education, Dec2001, 28(4): 158-159. Callias, M. 2001. Current and Proposed Special Educational Legislation. Child Psychology and Psychiatry Review, 6(1):24-30. Chuiang, A., Liao, W., Tai, W. 2005. An investigation of individual and contextual factors influencing training variables. Social Behavior and Personality, Vol. 33, No. 2, pp. 159-174. DfES 2001. Special Educational Needs Code of Practice. DfES Publications Centre. DfES 2002. Special Educational Needs (SEN): A guide for parents and carers. DfES Publications Centre. DfES 2004. Removing Barriers to Achievement: The Governments Strategy for SEN. DfES Publications Centre. DfES 2005. Every Child Matters. DfES Publications Centre. Available at http://www.everychildmatters.gov.uk, accessed 22 December 2005. Goldthorpe, L. 2004. Every child matters: a legal perspective. Child Abuse Review, 13:115-136. Jones, S.A. 2004. Attitudes, inclusion and widening participation: a model of interactive teaching and leadership. Westminster Studies in Education, Oct2004, 27(2):157-173. Kurtizig, J. 1986. IEPs: Only Half the Picture. Journal of Learning Disabilities, Aug/Sep86, 19(7): 447. Lingard, T. 2001. Does the Code of Practice help secondary school SENCos to improve learning? British Journal of Special Education, Dec2001, 28(4): 187-190. Ofsted 1999. The SEN Code of Practice: Three Years On. London: Ofsted. Pearson, S. 2000. The relationship between school culture and IEPs. British Journal of Special Education, Sep2000, 27(3): 145-149. Potts, P. 1995. Whats the use of history? Understanding educational provision for disabled students and those who experience difficulties in learning. British Journal of Educational Studies, December 1995, 43(4):398-411. Russell, P. 2003. Access and Achievement or Social Exclusion? Are the Governments Policies Working for Disabled Children and Their Families? Children and Society, 17:215-225.

Legal Positivism and Human Rights

Legal Positivism and Human Rights 1.0 INTRODUCTION The statement which I have to scrutinise â€Å"Is the absolute separation of law and morality proposed by legal positivism an obstacle to the acceptance of the notion of human rights?† for us to evaluate this statement first we have to understand legal positivism and the roots of human rights. Then I would discuss why law and morality cannot be seperated and if seperated its adverse affects and how human rights and positive law should be amalgamated. 2.0 LEGAL POSITIVISM Legal positivism is a mentality in legalism that the existence and content of law should depend on social facts and not on merits.[1] It is the view that morality has no weight in the law that is made and established as the law of the state. It should be followed and it is supreme however immoral or unjust that piece of law or legislation is. There are several legal thinkers who developed the idea of legal positivism, amongst them the most prominent figures are Jeremy Bentham, John Austin and HLA Hart. What we must keep in mind is that even positivists are divided into 2, inclusive and exclusive positivism. Inclusive positivists are people who believe that moral constraints can be incorporated into law according to a society’s belief. Even HLA Hart was an inclusive (soft) positivist who believe that â€Å"the rule of recognition may incorporate as criteria of legal validity conformity with moral principles or substantive values †¦Ã¢â‚¬ [2] On the other hand are the exclusive positivists who believe that a legal system cannot integrate moral restraints on legal validity. They believe in the absolute supremacy of the positive law. One of prominent exclusive (hard) positivists was Joseph Raz who was actually a student of HLA Hart. 3.0 NATURAL LAW AND DERIVATION OF HUMAN RIGHTS FROM NATURAL LAW Natural law is the direct opposite of positive law, and is what is defined as god’s law or ideal law, which has no loop holes as in manmade law. It is law which is based on morality rather than legality believing that any man made law which is not morally correct is not law at all. Naturalists argue that positive law is always evolving to attain the threshold of natural law. Some prominent figures who argued for the supremacy of natural law and morality were St. Thomas Aquinas and Thomas Hobbes. The foundation of natural law is religious beliefs and moral rights and wrongs as shown throughout history. The notion of human rights, I believe, is derived from natural rights, which in turn is derived from religious and moral beliefs. So the international bill of human rights we see today actually is a child of natural law itself. John locke, a follower of Thomas Hobbes, and a renowned philosopher, while writing about natural rights in Two Treatises Of Government, has said that â€Å"men are by nature free and equal against claims that God had made all people naturally subject to a monarch. He argued that people have rights, such as the right to life, liberty, and property that have a foundation independent of the laws of any particular society† [3] This is exactly what is entrenched in the International Bill of Human rights today. So it is logically arguable, and it is my belief that Human rights is actually natural law/ natural rights itself, in another form, trying to impose supremacy over positive law just like in the eras passed. Thus if natural law is not accepted as being a part of positive law, human rights can never be truly accepted. 4.0 WHY LAW AND MORALITY CANNOT AND SHOULD NOT BE SEPERATED The debate for the separation of moral and legal rights is a heated debate still ongoing. One of the most remarkable statements regarding this topic was made between HLA Hart and Lon L. Fuller, the latter stating that legal and moral rights can never be separated. Hart argued that there should be a strict separation of law and morality, he denied that there are universally shared necessary moral standards of legal validity and he also denied that an individual recognizes law as good law based on morality and that individuals may do it based on purely non moral considerations.[4] Fuller argued that law and morality cannot be separated because they are naturally connected. He found the connection between law and morality in the very heart of positivism, the law makers. He gave 8 ways to fail to make a law stating that these rules are necessary as they make an â€Å"inner morality of law†. [5] In his Journal article Positivism and the Inseparability of Law and Morals, Leslie Green has argued that law and morals in fact cannot be separated and instead of the mistaken separability test he had brought into light the underlying fallibility test. [6] Keeping the philosophers arguments aside we can take a scenario to consider what would happen if law and morality were strictly separated. If the law making body, the parliament, if they believed in this strict separation and if they had no sense of moral values in their society while making law, and if they passed a legislation which is incompatible with the society beliefs, it would cause havoc. The government that passes such a bill is destined to fall as proved by history with Margaret Thatcher’s demise after passing the poll tax. For example if they passed a bill allowing gay marriage in a strictly Wahhabi Muslim society, it is bound to be met with hatred and might be taken as an insult by the society. 5.0 AMALGAMATING HUMAN RIGHTS AND POSITIVE LAW One can say that the notion of human rights have already been incorporated with positive law of UK after the enactment of Human Rights Act of 1998. Its entrenched nature and per s.3 of the Act all legislation passed, have to be compatible with Individual human rights.[7] And if any legislation is incompatible with human rights courts can declare it incompatible under s4 of the HRA 1998 and advise the parliament to make the necessary rectifications.[8] This power of the HRA 1998 can be shown in the recent case of R (Royal College of Nursing) v SSHD (2010) [9]where Schedule 3 to the Safeguarding Vulnerable Groups Act (SVGA) 2006 was incompatible with Art 6 as the listed person was denied the right to make representations in advance of being listed. The Section 67(2) and (6) of the Protection of Freedoms Act 2012 came into being to amend this Schedule as a result. 6.0 POSITIVE LAW: SUPREME IN UK As we know UK is a dualist country meaning it does not heed to international laws or EU laws. It needs its domestic laws to be enacted by the parliament for them to be legally enforceable. This results in a supreme parliament which can bend law at whim (as can be shown in the delay enacting HRA 1998). Even the power vested in courts by HRA 1998 in the form of declaration of incompatibility is a toothless remedy when dealing with an unjust legislature. Because these declarations are not authoritative, they are just persuasive, so the parliament is does have a choice to keep the legislation as it is in spite of declaration of incompatibility. Another thing which shows the supremacy of positive law in UK, is the Prime ministers hinting on the repealing of the HRA 1998 without a proper backup plan. [10] 7.0 ACCEPTING HUMAN RIGHTS AS MORAL CLAIMS OR POSITIVE LAW While analyzing the given statement I came upon two ways in which it could be addressed and according to that I could give my opinion on the validity of the statement. Those two ways are, that human rights could be accepted as moral claims as the statement suggests and then we can evaluate how the separation of morality and law could affect the acceptance of human rights. The second way is that we could claim that human rights is no longer moral claims but positive law, and then see how the separation of law and morality affects it. 7.1 ACCEPTING HUMAN RIGHTS AS MORAL CLAIMS If Human rights are moral claims as the statement suggests then it is vital not to have any separation between law and morality. If law and morality is strictly separated as the ideal positivist suggests[11] then human rights won’t have the supremacy and power it needs to universally protect the rights of individuals. They need to overcome any form of positive law which clashes with it. Human rights are normally accepted as having their basis in morality because natural rights was derived from religious beliefs. I, believe that, both human rights and equity are children of natural law, and for in order for them to be successful, they need to incorporated with positive law but be powerful enough to overcome shackles of positive law. Though the supremacy of equity is not disputed, the supremacy of human rights is. If human rights are moral claims which has no legal validity, accepting them would be difficult in the light of the separability thesis brought forward by Hart[12]. If legal positivism is the right mindset and if the Human rights have no legal value, how are the rights of people going to be universally protected? How can one accept Human rights? For example, if a country passes horrific laws which infringe the most inviolable rights and if there is no way it can be remedied, the world would fall into chaos. If UK passed a law which says all men shorter than 5 ‘5 should be killed, and if the UDHR has no legal power, no authority, how are the right to life of many people going to be protected? One might say, the parliament would not pass such a bill, but what is stopping them from doing so? There are no legal restrictions to a supreme parliament as in UK, the only thing restraining the legislators from passing such legislation is just one thing. Their moral values. In this context, I would agree with the view of Leslie Green in his article positivism and the inseparability of law and morals[13], where he has argued at length that the separation thesis is actually a mistake and had upheld the fallibility thesis. 7.2 ACCEPTING HUMAN RIGHTS AS POSITIVE LAW I find it more suitable to say, that Human rights is no longer moral claims, after the passing of the International Bill of Human rights (Universal Declaration of Human rights 1948, International Covenant on Economic, Social and Cultural Rights 1966 and the International Covenant on Civil and Political Rights 1966) the notion of Human rights is now actually positive law. The heart of this international Bill of Human rights, the Universal Declaration of Human rights 1948, which prescribes inviolable rights for humans, regardless of where they are born, has been endorsed by most/all the countries in the world. But the problem is, dualist countries like UK, might not endorse the Declaration into their constitution (as can be inferred from their delay in enacting HRA 1998 and the unavailability of remedies for such issues until the enactment of the Act). My belief, that the notion for human rights is no longer moral claims and is universal, can be proved by various incidents. Human rights is no longer based on religious or moral rights and wrongs. I say this, because immorality is a subjective query, it will change from person to person and society to society and from era to era. For example, in a strict Muslim community it might be immoral to wear clothes which expose a lot of skin, but in a modern rainbow society, it might be taken as a norm. For example in USA, women would consider it immoral and against their belief to wear clothes showing their waist, but in India women consider it immoral to show their hair thus wear clothes that cover their hair but they don’t mind wearing Saris which expose their waist. So if we were to consider that Human rights to be based on moral claims, it can never be universally accepted because what is moral, is subjective. But this is not the case; Saudi Arabia and Irans pressure to make the Cairo Declaration of Human rights in Islam of 1990, to be accepted as the â€Å"Islamic† alternative to international human rights, during the 1993 World Conference on Human rights in Vienna was strongly rejected by the UN Secretary General Kofi Anna, who maintained that the human rights are universal. Thus, as moral claims change from time to time, society to society, individual to individual, human rights is no longer moral, as it is universal and invariable, wherever the individual is. So I believe that through the sands of time, human rights have actually evolved into positive law now. Since it is positive law, the separation of law and morality proposed by positivism, no longer has any effect on the acceptance of the concept of Human rights. 8.0 CONUCLUSION The notion of human rights cannot be accepted without accepting the role of morality in positive law. Because if the statement is correct and if Human rights is indeed moral claims then morality needs to be accepted for it to be incorporated into legal systems today. But I find it more suitable to say, that Human rights is no longer moral claims, after the passing of the International Bill of Human rights) the notion of Human rights is now actually positive law. Since it is positive law now, the separation of law and morality proposed by positivism no longer has any effect on the concept of Human rights. The other thing which must be brought into light is that even though human rights is entrenched into the legal system of UK it is not properly followed. If it was properly followed, how can Acts, with provisions which infringe rights of people such as section 44 of Terrorism Act 2000 get enacted? How do they pass the scrutiny of parliament without being noticed? The fact they make it through the parliament shows the weakness of positive law and its failure to protect people’s rights. The present regime of UK has been hinting on repealing HRA 1998[14] and withdraw out of EU(though now being denied by David Cameron[15]), but this would only make human rights lose its positive law status in UK and result in more infringement of rights. Repealing the HRA 1998 might not be a bad idea with the proper preparations and a backup Act or Bill of Rights which is set in stone and has much superior power than HRA 1998 (as the declaration of incompatibility is a toothless remedy which does not enforce the parliament to amend an incompatible legislation). So I believe if HRA 1998 is repealed it should be substituted by a stronger Bill of Rights which has a better remedy than declarations of incompatibility etc. And if such a bill is passed, the legal validity of human rights would no longer be in doubt. The bill which was withdrawn at the end of the debate on 1st March 2013, Human Rights Act 1998 (Repeal and Substitution) Bill 2012-13, certainly lacked this forceful authority. [16] Word Count is 2524 (Excluding Contents and Bibliography) 9.0 BIBLIOGRAPHY 9.1 Table of Cases R (Royal College of Nursing) v SSHD [2010] EWHC 2761 9.2 Table of Statutes Human Rights Act Section 3 Section 4 9.3 Text books Hart, H. L. A.Concept of Law.Oxford: Clarendon, 1994. Print Fuller, L. L.: The Morality of Law. New Haven and London 1961 ebook. 9.4 Articles Green, Leslie, Positivism and the Inseparability of Law and Morals. New York University Law Review, Forthcoming; Oxford Legal Studies Research Paper No. 15/2008. Available at SSRN: http://ssrn.com/abstract=1136374 accessed 04th January 2014 Green, Leslie, Legal Positivism, The Stanford Encyclopedia of Philosophy (Fall 2009 Edition), Edward N. Zalta (ed.),accessed 04th January 2014 URL = . Tuckness, Alex, Lockes Political Philosophy,The Stanford Encyclopedia of Philosophy(Winter 2012 Edition), Edward N. Zalta(ed.), accessed on 05th January 2014 URL = . 9.5 Websites Mason, Rowena. David Cameron Eyes Human Rights Act Repeal.Theguardian.com. Guardian News and Media, 08 Aug. 2013. Web. 05 Jan. 2014. . David Cameron Rejects EU Withdrawal Calls and Attacks Tory pessimists'Theguardian.com. Guardian News and Media, 09 May 2013. Web. 05 Jan. 2014. . Human Rights Act 1998 (Repeal and Substitution) Bill.Human Rights Act 1998 (Repeal and Substitution) Bill. N.p., n.d. Web. 05 Jan. 2014. . [1] Green, Leslie, Legal Positivism, The Stanford Encyclopedia of Philosophy (Fall 2009 Edition), Edward N. Zalta (ed.),accessed 04th January 2014 URL = . [2] Hart, H. L. A.Concept of Law.Oxford: Clarendon, 1994. Print. P250 [3] Tuckness, Alex, Lockes Political Philosophy,The Stanford Encyclopedia of Philosophy(Winter 2012 Edition), Edward N. Zalta(ed.), accessed on 05th January 2014 URL = . [4] Hart, H. L. A.Concept of Law.Oxford: Clarendon, 1994. Print. P198 [5] Fuller, L. L.: The Morality of Law. New Haven and London 1961 eBook. P39-42 [6] Green, Leslie, Positivism and the Inseparability of Law and Morals. New York University Law Review, Forthcoming; Oxford Legal Studies Research Paper No. 15/2008. Available at SSRN: http://ssrn.com/abstract=1136374 [7] Section 3 Human Rights Act 1998 [8] Section 4 Human Rights Act 1998 [9] R (Royal College of Nursing) v SSHD [2010] EWHC 2761 [10] Mason, Rowena. David Cameron Eyes Human Rights Act Repeal.Theguardian.com. Guardian News and Media, 08 Aug. 2013. Web. 05 Jan. 2014. . [11] Hart, H. L. A.Concept of Law.Oxford: Clarendon, 1994. Print [12] Green, Leslie, Legal Positivism, The Stanford Encyclopedia of Philosophy (Fall 2009 Edition), Edward N. Zalta (ed.),accessed 04th January 2014 URL = . [13] Green, Leslie, Positivism and the Inseparability of Law and Morals. New York University Law Review, Forthcoming; Oxford Legal Studies Research Paper No. 15/2008. Available at SSRN: http://ssrn.com/abstract=1136374 [14] Mason, Rowena. David Cameron Eyes Human Rights Act Repeal.Theguardian.com. Guardian News and Media, 08 Aug. 2013. Web. 05 Jan. 2014. . [15] David Cameron Rejects EU Withdrawal Calls and Attacks Tory pessimists'Theguardian.com. Guardian News and Media, 09 May 2013. Web. 05 Jan. 2014. . [16] Human Rights Act 1998 (Repeal and Substitution) Bill.Human Rights Act 1998 (Repeal and Substitution) Bill. N.p., n.d. Web. 05 Jan. 2014. .

cold war Essay -- essays research papers

World War II divided Korea into a Communist, northern half and an American-occupied southern half, divided at the 38th parallel. The Korean War began when the North Korean Communist army crossed invaded non-Communist South Korea. As North Korean army, armed with Soviet tanks, quickly overran South Korea, the United States came to South Korea's aid. General Douglas MacArthur, who had been overseeing the post World War II affair of Japan, sent the US forces, which began to hold off the North Koreans at Pusan, at the southernmost tip of Korea. Although Korea was not strategically important to the United States, the political environment at this stage of the Cold War was such that policymakers did not want to appear soft on Communism. The US step in as part of a "police action" run by a UN international peace- keeping force. With the US, UN, and South Korean forces pinned against the sea at Pusan, MacArthur orchestrated a daring amphibious attack on Inchon a port on the western coast of Korea. Having made this landing, MacArthur defeated the North Korean army and recaptured Seoul, the capital of South Korea. Instead of being satisfied with his defeat of South Korea, MacArthur crossed the 38TH Parallel and pursued the North Korean army all the way to the northernmost provinces of North Korea. Afraid that the US was interested in taking North Korea as a base for operations against Manchuria, the People's Republic of China secretly sent an army across the Yalu River. This Chinese army attacked the US/UN/ROK forces. Only after the appointment of Lt. General Matthew Ridgway as commander of ground forces did American the motivation begin to swing against the Chinese Communists. Although President Truman hoped to end the war quickly and pressed MacArthur to be more tactful, the brilliant strategist went against presidential orders and continued spouting incendiary lines about his hopes to reunify Korea. After gaining the support of the Joint Chiefs of Staff Truman relieved MacArthur of command. The move was extremely unpopular in America MacArthur was perceived as a popular war hero. Only the support of the Joint Chiefs of Staff saved Truman from impeachment after the firing. Ridgway took MacArthur's command and held off the Communists with strong forts and entrenchment’s just north of the 38TH Parallel, sending occasional offensives against the Iron Tria... ... terms. Although the United States attempted to keep the war on a very small scale, it quickly snowballed out of proportion, involving China, at times seeming as if it might become a World War III. Looked at another way, though, the Korean War can be considered a success: although the war did at times get out of hand, the US and the USSR were able to avoid direct confrontation, especially since the USSR fought mainly by proxy. Perhaps most importantly of all, though it was fought just five years after Hiroshima and Nagasaki were bombed, the Korean War was not an atomic war, avoiding both the possibility of immediate nuclear and setting a pattern that would continue throughout the Cold War. The Korean War had a huge effect on the US government. One of the main reasons that the war was fought was to stop communism from taking over the world. The war strengthened our relationship with Britain. This war also let the US avoid a confrontation with the USSR, which would have hurt the economy drastically. If this war would not have happen I believe that the world would have been conquered by communism. Instead of living our lavish US life I believe that we would be living like Russia.