How And Why Some Conduct Is Considered Unlawful - Free Essay Example

Sample details Pages: 4 Words: 1154 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Narrative essay Did you like this example? In order to understand unlawful conduct it is important to know the differences between civil and criminal law and fault. Factors which influence why conduct is considered unlawful and how conduct is labelled as unlawful will be looked at in depth in following paragraphs. For the purpose of this essay unlawful conduct may be defined as any conduct that is forbidden by law. There are fundamental distinctions between civil and criminal law. In civil law a private party, known as the claimant, initiates the lawsuit and remedies available rarely end up with incarceration. The remedy, if the claimant is successful on his or her litigation usually involves payment of compensation, also known as damages by the defendant. The burden of proof in civil law normally rests with the claimant. The standard of proof is based on the balance of probabilities, meaning there must be greater than a fifty per cent chance in either the claimants or the defendants evidence. This is a lso known as the preponderance of evidence. In criminal law a range of sanctions are at the disposal of the state ranging from community punishment through to incarceration. The lawsuit in criminal proceedings is initiated by the Crown Prosecution Service (CPS) on behalf of the state. The burden of proof lies with the state, with the defendant being innocent until proved guilty. This presumption of innocence is based on the legal inference that most people are not criminals. The standard of proof is beyond reasonable doubt. Whilst it is difficult to quantify this term, the prosecution must establish that there must be no reasonable doubt in the mind of a reasonable person that the defendant is guilty. This higher standard of proof is required due to the more severe nature of sanctions that may be applied. Fault in civil proceedings was generally established through the tort of negligence in Donoghue v Stevenson [1932] AC 562 and was summarised by Lord Atkin who stated that you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. In establishing liability for fault in criminal wrongs, two basic elements are needed to establish liability. The Actus Reus, a Latin phrase literally meaning the guilty act by which the defendants conduct must be shown to be a voluntary and wrongful act or omission that constitutes the physical components of a crime. The second element is known as the Mens Rea, the Latin term for guilty mind, which establishes the state of mind of the defendant in relation to the act. Both of these elements must be proved to establish criminal liability. There are certain factors which influence why conduct is considered unlawful. Over time technological developments take place which the law may not have considered previously. Legislation is then enacted in response to these technological advances. The Digital Economy Act 2010 was enacted to protect online infringem ent of copyright and also updates the Communications Act 2003 and the Copyright, Designs and Patents Act 1988 amongst its provisions. This Act was introduced primarily to halt losses from internet piracy. Changes in the moral and social climate may also occur over the years. Prior to 1967, homosexual activity was illegal in England and Wales. The introduction of the Sexual Offences Act 1967 decriminalised private sexual acts between men aged 21 years or older in England and Wales. This was in direct response to changing societal attitudes to homosexuality. Protection of individuals and society from harm may also invoke legislative change. Prior to 1973 it was legal to ride a motorcycle without a crash helmet. Numerous studies have suggested that the compulsory wearing of a crash helmet reduces the chances of a traumatic brain injury. The Road Traffic Act 1972 Section 32 addressed this safety concern by introducing compulsory wearing of protective headgear for motor cyclists. Some conduct is considered unlawful due to economic reasons. Legislative change may occur on a yearly basis with the presentation of the budget in Parliament in relation to spending, taxation and duty. After presentation the budget is debated and the respective years Finance Act is passed. Current legislation is in the form of the Finance Act 2009. Enforceability of the law must also be considered. Whilst legislative change may be introduced to change antisocial behaviour, in certain instances it may contradict other forms of legislation and may be deemed as oppressive and overbearing. Current methodology to label conduct as unlawful may be introduced by law reform. Parliament may create a new Act, reacting to public and media concern creating or amending an offence. The Animal Health Act 2002 was created in response to the foot and mouth outbreak in 2001 and gives a greater ability to deal with animal disease outbreaks. The judiciary also play a role in law reform throug h statutory interpretation. This is evident in the case of R v R [1992] 1 AC 599, whereby the House of Lords removed a long standing misconception and gave true meaning and effect to the law overruling previous decisions that refused to recognise spousal rape. The European Court of Human Rights (ECHR) also influences law reform. In the case of S and Marper v UK (Application nos 30562/04 and 30566/04) the Grand Chamber ruled that indefinite retention of DNA samples for unconvicted persons was a violation of Article 8 of the Human Rights Act 1998. This decision has highlighted a need for Parliament to change domestic law. The Law Commission is an independent body established in 1965 whose role is to research areas of law that have been criticised and propose legislative change via a consultation paper. An example of the Law Commissions influence in law reform was the introduction of Law Reform (Year and a Day Rule) Act 1996 abolishing the common law principle that a death was co nclusively presumed not to be murder if it occurred more than a year and a day since the causative act or omission. Advisory Committees ensure improvements are made in the law. These may be the Criminal Law Revision Committee or Royal Commissions which were instrumental in the introduction of the Theft Act 1968 and the Police and Criminal Evidence Act 1984 respectively. Green and White Papers outline proposals for legislative change and are open to public consultation. Green Papers may contain alternative policy options inviting public comment whilst White Papers are more detailed. In summary, distinctions exist between civil and criminal unlawful conduct. Unlawful conduct has differing burdens and standards of proof. Fault liability and available sanctions differ, dependant on whether the unlawful conduct was of a civil or criminal nature. The reasons why conduct becomes unlawful is due to influences from factors such as technological developments, social change, protectio n of individuals and society from harm, economic reasons and law enforceability. The rationale as to how conduct may be labelled unlawful is influenced through law reform. This is primarily driven by Parliament, the judiciary, ECHR, the Law Commission, Advisory Committees and Green and White Papers which endeavour to keep the law both relevant and contemporary in modern society. (1196 Words)Â  [1] Don’t waste time! 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Ap Language 2002 B Essay Samples at a Glance

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How to Control an Over Population Country Free Essays

In the late 1960s and early 1970s some environmentalists began making a sensational claim. The world†s ever increasing population, they claimed, would soon outstrip the planet†s limited resources leading to an environmental disaster. In these doom and gloom scenarios, a massive worldwide famine was just around the corner. We will write a custom essay sample on How to Control an Over Population Country or any similar topic only for you Order Now The number of people would keep increasing while the amount of food available would stay the same or even decline. The result, the experts argued, was famine by the early 1980s at the latest. The only way to decrease the severity of the impending disaster was to adopt strict policies to control population. There will soon be 6 billion human beings on Earth: according to the latest population estimates released by the United Nations. At this rate, the world population is doubling every 40 years. On October 12, 1999 the world’s population will reach 6,000,000,000 people. The overpopulation is a very vast subject, but my assignment will only explain the three major points of the overpopulation. The biggest concern of human beings is the decreasing rate of resources, as the years go by, resources are on a constant decline. Which means in a couple of years, if the population continuous to increase, are resources will disappear in a short term of time. Also, I will try to explain the reasons why this subject became what it is now . Why did did the population increase so much in the past decades, will be answered. And finally, will be looking at solutions to solve this problem in ethical and unethical ways. If everyone on the planet today would adopt a North American lifestyle, natural resources would quickly disappear. Luckily most nations are still careful. They will need to remain so while improving their standard of living. It will be necessary that others in wealthy nations curb their consumption and wastes. Our survival depends on population control as well as a better management of natural resources. Being limited in quantity, natural resources need to be managed accordingly. A new management of the planet’s resources has to be planned. In spite of the population increase, famines have become less frequent in the past two hundred years, thanks to phenomenal agricultural yields, and global economy. In the last few years several African countries have been affected by famine. The causes were all due to political problems, including civil wars, that disorganize the economy, paralyze transportation, and prevent emergency food drops to reach their destination. Famine is no longer due to a global food shortage. Everyone’s probably heard predictions that the world is going to run out of some essential resource. From copper to oil to food to hundreds of other things human beings use, â€Å"experts† like to come along and predict the imminent exhaustion of resources. The last two centuries have proven not only these individuals, but the very models underlining scarcity of resources, to be wrong. For example, food. Several times over the last 40 years so called â€Å"experts† predicted global famine because increases in food production couldn’t possibly keep up with population growth. Thankfully, they were wrong. The best indications today are that food production will continue to outpace population growth for the foreseeable future statistics say. A other example is oil. Predictions of the world using up all its oil have been around for at least 70 years. They reached their peak in the 1970s with the oil crisis brought on by the Oil and Petroleum Exporting Countries’ attempt to raise oil prices by voluntarily limiting supply . As the price rises, however, the quantity demanded by consumers decreases. As the price of gasoline increases, for example, consumers will tend to purchase more fuel efficient automobiles or find automobiles which use fuel sources not dependent on oil. This does not require any great leap in technology; there are already numerous alternatives to oil which would become economically feasible if the price of oil ever jumped significantly. Natural gas, for example, is likely to replace oil as the primary source of energy for the future sometime in the next century. In 1994 one of every two people lived in the city, while only one in ten did so in 1900. For hundreds of thousands of years the human population was growing at a low but steadily increasing rate. Then in less than 200 years, the world population went from 1 billion to 6 billion people. Why? Because the balance between birth and death has been broken. The recent global population growth is not the consequence of ncreased birth rates but of an unprecedented decrease in death rate. The 20th century has resulted in victory over famine-related and infant mortality, as well as significant advances in public health and medicine. In the world, five women give birth every second. UN projections show that, in the next 50 years, family planning would be widely used all over the world and birth rate would become universally low. Simultaneously, average life expectancy would reach at least 70 years. Population growth would then start to slow down until it stabilized around the end of the next century. A century from now the world population will probably reach 10 to 15 billion people. Will the world be a nice place to live in? Specialists have mixed opinions. Optimists think that the planet can accommodate a much larger population. Others, more pessimistic, predict catastrophes before ever reaching this number. Researchers have looked for years to find solutions to fight the the overpopulation, but we can†t just except any solutions. Governments can†t just tell the population to stop giving birth, it would be a horrifying reaction from is people. Here are some solutions from researchers that are ethical and unethical. In some countries, particularly Africa, the AIDS epidemic has reached devastating proportions. In the most affected country, Zambia, nearly one in five women of childbearing age is infected. The death rate has already increased by 50%. Eventhough mortality has increased, it has remained less than the birthrate and the population has not decreased. No other country has seen its population decrease because of the AIDS virus, and there is little chance for this to ever happen. There are, however, serious problems concerning the distribution of the earth’s goods. But this poor distribution is the result of sin, not overpopulation. Many of the world’s calamities and starvation problems are caused by political corruption within Third World countries and a lack of generosity on the part of those individuals and nations with greater abundance. With modern agricultural equipment, adequate food storage facilities, and technology to ensure clean drinking water, Third World countries like India could make great strides in becoming self-sufficient; and developed countries like the United States could help provide these improvements. Many people who support abortion claim overpopulation as a major reason why abortion is not only a right, but a necessity. They claim that because of the enormous amount of people in the world, if all mothers kept their children within their womb, there would not be enough land and food to provide for them. But is this a ethical way of solving problems†¦ Overpopulation is the root cause of all environmental deterioration. Global warming, the ozone hole, rain forest destruction, desertification and all kinds of pollution, weather breakdown, and natural disasters are only signs of this already deadly monster. Population grows exponentially. That is, each generation is a little bigger than the generation before, and so more people have more children, and the next generation is bigger yet. Population grows faster and faster. On the other hand, food production is limited by available farmland, water for irrigation, and so on, and so cannot grow without limit. Food production grows more and more slowly. Therefore, it inevitably follows that as population continues to grow faster while food production grows more slowly, sooner or later population will outstrip food supply, and it just will not be possible to feed all the people. Human societies will always face significant challenges and problems to overcome. New diseases will almost certainly emerge over the next century, as they have ever since human beings began living in large groups. Technological upheaval and change will be the rule rather than the exception. But provided that democracy and freedom continue to spread around the globe, albeit at a sometimes incredibly slow pace, we should expect the 21st century to be a much better place to live to the same degree that the 20th century has been immeasurably better for humans than the 19th century was. How to cite How to Control an Over Population Country, Essay examples