How might wind or water power become at least partial, but significant Essay

How might wind or water power become at least partial, but significant solution to global energy issues - Essay Example However, in the recent times, governments have concentrated on large-scale projects to produce electricity, while ignoring many opportunities to produce hydroelectricity in small scale. Of course, there are a number of advantages for producing hydroelectricity in large scale from the larger rivers. On the other hand, tapping hydroelectricity from the smaller rivers can also provide very many advantages and would also help in supplementing energy production. This has been seen to happen in the many developing countries, where governments may not have enough funds to start and complete large projects. Almost any country has more small rivers than big rivers, and these small rivers can be used by local communities to produce energy for local use. This is unlike the traditional way in which large scale hydroelectricity is produced and then carried kilometers away from the point of production to users, who live so far from the source and may not even know how the electricity is produced. With the small scale hydroelectricity production, smaller rivers that are not seasonal can be used to produce energy for the local communities. This is especially possible and even economical for communities where the population is farming communities, which live in the countryside instead of the urban folk. The main advantage of this is that this kind of hydroelectricity is much cheaper and the local community can enjoy energy at much lower prices, probably as low as 30 percent, because they will produce the energy themselves rather than depending on a third party hydroelectricity producer. To be a ble to take advantage of this small scale hydroelectricity energy production, governments can try and make sure that the machinery used to harvest hydroelectricity are accessible in smaller capacities rather than the huge multibillion machinery, that is directed towards

Risk Assessment for Retail Property Investments in Ireland and Europe Essay

Risk Assessment for Retail Property Investments in Ireland and Europe - Essay Example The rise of disposable income (predicted to exceed 100 billion by 2010) and population growth in Ireland are the reasons that led to the escalation of the retail property segment. The retail investments contributed 52% of the total property investments in 2006. Retail parks and retail outlet centres have shown the most prominent growth in the retail sector since the year 1990. Some counties in Ireland like Leitrim and Roscommon do not have any shopping centre facilities at all while others like Laois, Kilkenny, Carlow, Westmeath and Louth are oversupplied (Market News, 2006). The oversupply is a cause of concern for the retailers as it leads to more competition. The depression in the housing market, rising unemployment and other adverse economic conditions have affected the spending capacity of the customers in a negative fashion (Retail sector becoming more competitive, 2008). Fig. 1 shows the pedestrian foot fall in the first three months of 2008 on the two main streets of Dublin i.e. Grafton Street (down 9% as compared to the previous five years) and Henry Street (down 12%)(Finfacts Team, 2008). However the conditions in Ireland are better than in other European nations. There is a vast scope of foreign retail investments in the country as compared to other European countries. The spending power of people is superior and the economic conditions are favourable for the retail expansion than those in other countries of Europe. The growth of the property sector also depends on the global economic scenario. The availability of funds from the banks for new ventures in the retail sector will also hamper its growth. There is a concern about the oversupply and resulting stagnation as happened in the housing market. The investors must make sure that the overdevelopment does not have a negative impact on the rental and capital values. As shown in the fig.2 the rents in a major street in Dublin are very high compared to other countries in Europe and are stable over a couple of years, with retail shopping centres making the major contribution (Finfacts Team, 2008a). Fig.2 (Finfacts Team, 2008) The current scenario in the retail market in other European nations is as follows: There is a vast scope of retail development and investment in the Baltic States of Estonia, Latvia and Lithuania. The retail sector is not fully developed yet and offers a great possibility of economic expansion. Eastern European countries like Poland, Hungary and Czech Republic have saturated retail markets in major cities and the focus of development is shifting to smaller regions. There is a huge retail investment opportunities in form of shopping malls and retail stores in Central European countries like Slovakia, Romania, Bulgaria and Russia. Portugal and Denmark will mark more than normal retail trade expansion. Demand in these countries is more than supply, making them potential development prospects. UK is likely to experience a slowdown in the retail market investments as shown in fig.3. Fig.3 (Finfacts Team,

Controversies as a Result of the Alien and Sedition Acts Essay Example for Free

Controversies as a Result of the Alien and Sedition Acts Essay In the late 1700s and into the early 1800s, large controversies over the Alien and the Sedition Acts, containing four bills, took place. Some of the controversies included immigration, slander and libel of the government, and states’ rights. While the controversy set the stage for Jefferson’s election, it also left some in tense and unsettled states. The Alien and Sedition Acts brought many disagreements upon the states. The Acts had two bills that seemed to stand out most among the government. The second bill of the Alien and Sedition Acts gave the President power to deport â€Å"all such aliens as he shall judge dangerous to the peace and safety of the United Stats. † Just before the Acts were created, President George Washington wrote to the Vice-President John Adams in 1794 of his believe that immigrants brought with them not only their language, but their habits and formal morals too. Later, he goes on to say, that this is not particularly a bad thing because as time goes on, as generations grow, all people will become one. Just before that though, in 1785, Thomas Jefferson had made close to the same note, but a bit different. He believed it would be a miracle for the morals and beliefs of the immigrants to halt in changing at the exact point of liberty. He believed that infusing the aliens into our United States would create a â€Å"heterogeneous, incoherent, distracted mass. † Altogether, immigration was an extremely controversial topic. Each person had their own opinion, especially the rising parties who seemed to almost separate the nation more. While the Acts had allowed the President this power, it also prohibited the slander of libel of the President or any other part of the government. It seems to almost be a coincidence. After this was passed, Federalist prosecutors arrested more than twenty Republican newspaper editors and politicians. The Federalists had accused them of sedition, and convicted and jailed a number of them. Many believed that this part of the Sedition Act was against the First Amendment that forbade the †abridging the freedom of speech, or of the press. † As a matter of fact, the Republicans actually tried to charge the Sedition Act as a violation of the First Amendment, although it did not appeal to the Supreme Court. This was because the Court was not sure how to review the case considering the board was made up of mostly Federalists. Jefferson sent a letter to Francis Hopkinson of Pennsylvania clearing up a rumor that he was a Federalist. He states that he â€Å"never submitted the whole system of (his) opinions to the creed of any party of men whatever in religion, in philosophy, in politics, or in anything else where I was capable of thinking for myself. † Last, but definitely not least, was the issue of whether or not the states had a right to judge the Constitution. After the Republicans tried to charge the Sedition Acts as a violation against the Constitution, Madison and Jefferson looked to the state legislature which led to their declaring the Alien and Sedition Acts to be â€Å"unauthoritative, void, and of no force. This resolution set forth a states’ rights interpretation of the Constitution, asserting that the states had a â€Å"right to judge† the legitimacy of national laws. Albert Gallatin, a Democratic-Republican congressman from Pennsylvania, made a speech in the House of Representatives on the proposed Sedition Act wherein he stated, â€Å"The only evidences brought by the supporters of this bill consist of writings expressing an opinion that certain measures of government have been dictated by an unwise policy, or by improper motives, and that some of them are unconstitutional. The Alien and Sedition Acts caused many controversies. The controversies led to many letters and arguments with the government. With this being said, the major problems seem to have been the topics of immigration, slander and libel of the government, and states’ rights. Although, after these controversies developed over the Acts, the Acts were then rethought. It is often wondered, even now, why the Alien and Sedition Acts were ever passed in the first place.

Assessing The Usefulness Of An Ecological Approach Social Work Essay

Assessing The Usefulness Of An Ecological Approach Social Work Essay Social work theories represent sets of ideas that assist in explaining the reasons for occurrence of events or why specific events happened in particular ways and are used to predict likely future actions of present outcomes. It is important to appreciate that theories, whilst based on reasoning and evidence, are not conclusively proved. In social work practice they provide alternative frameworks for understanding issues by the linkage of sets of ideas, and help people to make sense of specific situations or circumstances. Their application helps social workers in guiding practice and in achieving direction in their efforts. This study takes up the ecological approach for discussion and assesses its usefulness for social work practice. The ecological approach is also compared with humanism and existentialism and its various aspects are critically analysed with respect to achievement of managerialism and accountability in social work practice. Discussion Overview of Ecological Approach Kurt Lewin, (Plas, 1981), states that good theory is essentially practical. It provides a way to look at the world and guides action for the achievement of vision of the way things should be. Ecological theory, many experts feel, fits with Lewins maxim and has the potential to give social workers, both a practical perspective for effective social intervention, and a larger perspective for viewing and assessing the social world (Pardeck, 1988, p 92-100). Whilst Roger Barker, (1968), initiated the application of ecological concepts to analysis of human behaviour, the application of such ecological perspectives to social work practice did not occur until it was taken up by Carel Germain in the mid 1970s (Pardeck, 1988, p 92-100). The ecological approach has since then become progressively popular among social workers and is now commonly used as a practice approach for intervention (Pardeck, 1988, p 92-100). The approach, despite becoming more commonly used, does have some major limitati ons, chief among which is the lack of (a) clearly defined procedures for engagement in assessment, and (b) specific sets of techniques and strategies for intervention (Pardeck, 1988, p 92-100). The adoption of the ecological approach enables social work practitioners to understand the significance of the adaptive fit between the environment and organisms (Pardeck, 1988, p 92-100). An appreciation of such a fit in turn enables the emergence of a practice model that essentially focuses on the importance of locating ways and means to first assist individuals in adapting to their environments and second in the formulation of strategies for changing environmental elements that could cause problems for service users (Pardeck, 1988, p 92-100). It is important to understand three concepts, namely (a) behaviour settings, (b) the ecosystem and (c) definition of client problems, in order to understand and appreciate the fit between organisms and their environment (Pardeck, 1988, p 92-100). An understanding of these concepts helps in understanding the significantly unconventional and different approach of the ecological perspective (Pardeck, 1988, p 92-100). The concept of behaviour settings provides fresh insights in the relationship that exists between individual behaviour and environmental setting. Barker and Gum (1964), found that individuals react differently to different types of environment. Analysis of behaviour setting helps social workers to conceptualise the problems of service users and is considered to be a basic unit of analysis for the application of the ecological approach to social work practice. The behaviour setting, it must however be clarified, represents more than the traditional concept of behaviour as the response to a stimulus and is perceived to be a complex relationship of people, setting, time and individual behaviour. A conglomerate of such behaviour settings forms ecology (Germain Bloom, 1999, p 16-22). Specific individuals function in more than one specific ecology. The ecosystem of individuals consists of the various inter-relationships and the conglomeration of such ecologies (Pardeck, 1988, p 92-100). The ecosystem of a child, for example comprises of the self, the family, the school and the larger community (Pardeck, 1988, p 92-100). It is important to understand that the client, in such a concept of ecosystem is an integral component of the ecological system and cannot be juxtaposed with the larger environment (Pardeck, 1988, p 92-100). The ecosystem of an individual consists of four distinct levels, namely the micro-system, the meso-system, the exo-system, and the macro-system. The micro-system represents the immediate environment, viz. the impact of personality characteristics of an individual on other family members (Jones, 2010, p 67). The meso-system is more complex and refers to the interactional processes that occur between multiple micro-systems (Jones, 2010, p 67). Th e exo-system and macro-system likewise refer to more generalised levels and represent more extensive interaction of ecologies (Jones, 2010, p 67). Â  The service user in such circumstances becomes the defining and primary member of the eco system that in turn comprises of various overlapping subsistence like the family, the work place and the larger community (Pardeck, 1988, p 92-100). The psychosocial development and adjustment of individuals are perceived to be the consequence of transactions between individuals and their environments. The ecological perspective suggests the occurrence of cyclic and bidirectional activities between individuals and their environments (Pardeck, 1988, p 92-100). The environment in the first place affects the development and adjustment of individuals. The behaviours of individuals lead to responses inside the environment and the altered environment thereafter exerts a different pressure on the individual (Meinert, et al, 1994, p 26-33). Social workers can view this process as sequential or simultaneous mutual influence, for example X affects Y, which again affects X or X and Y come together to form a unity that defines the situation (Meinert, et al, 1994, p 26-33). This concept and these view points are important because they lead to the formulation of new ways for conducting of assessment and carrying out of intervention in social work practice (Pardeck, 1988, p 92-100). The adoption of the ecological view point leads to the shifting of focus from individual personality and behavioural characteristics to relationships between individuals, their families, their communities and other ecologies that are included in their eco systems (Pardeck, 1 988, p 92-100). Most people do operate in social ecologies that are adaptive or congruent and where people are in harmony with the social norms of their environments (Norman, 2000, p 11-17). The requirement for social work intervention comes about when such adaptive fits cease to exist and lead to mal adjustments (Norman, 2000, p 11-17). The ecological perspective differs significantly from traditional social work view points on definition of problems of service users (Tew, 2005, p 31-36). Most conventional perspectives concentrate on individuals for definition of problems of service users and perceive such service users to be deviant, behaviourally troubled or emotionally disturbed (Tew, 2005, p 31-36). The ecological approach very importantly does not perceive the symptoms of service users kin terms of individual pathologies but looks at such symptoms to be indicative of malfunctioning eco systems (Tew, 2005, p 31-36). Advocates of the ecological approach are likely to perceive emotional disturbances to be comprehensive problems that are occurring in the continuous adaptation that is taking place between organisms and their environments (Wilson, 1999, p 4-11). Mal-adoptions are thus felt to reside not just in the activity of individuals upon their environments but also of the environments upon individuals (Wilson, 1999, p 4-11). Individual problems and difficulties in social functioning are thus perceived to stem from interactive, dynamic and reciprocal sets of forces that work between individuals and their eco systems (Wilson, 1999, p 4-11). The relationship between problematic social functioning and ecology has been studied in various relationships between (a) social class and hospitalisation for psychiatric causes, (b) probability of specific types of mental ailments and spatial community patterns and (c) suicide rates and social organisation of communities (Peters Marshall, 1996, p 17-32). It is evident that the adoption of the ecological perspective requires a radical shift of approach by social workers, who must move away from individuals and try to understand a unit that is termed as individual-in-ecology (Peters Marshall, 1996, p 17-32). Such an approach requires the viewing of individual problems in terms of mal adaptive systems and even differences in labelling of clients, who for example should be termed as disturbing clients rather than emotionally disturbed (Peters Marshall, 1996, p 17-32). Application of Ecological Approach for Intervention The ecological strategy for intervention obviously calls for an ecological assessment of the problems of service users (Norman, 2000, p 11-17). Such ecological assessment essentially involves two important issues, namely (a) the identification of reasons for discord in eco systems and sources of strength, which can be utilised to enhance the level of fit between service users and important people in the lives, and (b) specification of the services that will be needed to allow service users to progress towards achievement of desired goals (Norman, 2000, p 11-17). Traditional models of social work, it is easy to understand, are far more simplistic than the ecological assessment approach (Meinert, et al, 1994, p 26-33). Such methods are narrower and perceive individual service users to be the only focus of the assessment procedure (Meinert, et al, 1994, p 26-33). The intervention model in the ecological approach comprises of specific steps that assist in translation of such assessment into appropriate strategies for intervention (Meinert, et al, 1994, p 26-33). Such an intervention approach consists of seven specific stages and can be applied in a number of practice areas (Nash, et al, 2005, p 32-41). The intervention model in the ecological approach is similar to other traditional approaches with regard to gathering of data but deviates significantly in the ways in which social work practitioners conceptualise and organise the processes of assessment and intervention (Nash, et al, 2005, p 32-41). The seven important stages in the intervention process comprise of (a) entering the system, (b) mapping the ecology, (c) assessing the ecology, (d) creating a vision for change, (e) coordinating and communicating, (f) reassessing and (g) evaluating (Nash, et al, 2005, p 32-41). These steps are significantly different from traditional methods of assessment and intervention and plays far greater responsibilities on the shoulders of social work practitioners (Nash, et al, 2005, p 32-41). The first step of the social work practitioner concerns entering the exo-system of the world of the service user, such a process involves assessment of various relationships in the life of the service user and identification of an entry point into the world of the service user (Kerson, 2002, p 8-14). Assessment of relationships in such circumstances involves examination of the various sub systems like the immediate family, the workplace and the community that shape the world of the service user (Norman, 2000, p 11-17). The social work practitioner can obtain significant information from examination of such sub systems for the formulation of intervention strategies (Norman, 2000, p 11-17). Assessment of various subsystems is thereafter followed by entry into the world of the client (Norman, 2000, p 11-17). This is largely done through an interview involving the social worker, the service user and people in his or her immediate family (Kerson, 2002, p 8-14). The social worker, after en tering the world of the service user commences ecological mapping (Kerson, 2002, p 8-14). Such mapping involves analysis of various sub systems and identification of people and events that are relevant to the challenges confronting the service user (Pardeck, 1988, p 92-100). Such mapping involves interaction with representatives of different sub systems like spouse, parents or immediate friends and leads to obtaining of very important information (Pardeck, 1988, p 92-100). The mapping of ecology is followed by interpretation and assessment. Social workers, at this stage of the process search for important problems and sources of strength in the eco system of service users (Meinert, et al, 1994, p 26-33). The description of relationships and recurring themes in the lives of service users forms an important aspect of this stage and helps in identifying problems as well as sources of strength that can help the service users in achieving a better fit with the environment (Meinert, et al, 1994, p 26-33). Assessment of ecology is followed by locating the areas that require to be altered to enhance the social functioning of service users (Meinert, et al, 1994, p 26-33). Social workers whilst focusing on the required change need to consider the service users total eco system and use all available strengths in the ecology (Meinert, et al, 1994, p 26-33). Practitioners should be open to different change possibilities and implement proposed plans of action after obtaining the agreement of service users (Meinert, et al, 1994, p 26-33). Social workers must communicate and coordinate with people in the eco system during much of the intervention process (Pardeck, 1988, p 92-100). A significant part of the change process lies in the hands of important people in the eco systems of service users and practitioners need to offer support and facilitate change efforts through home visits and telephone calls (Pardeck, 1988, p 92-100). Reassessment and evaluation also form important components of the ecological intervention process (Pardeck, 1988, p 92-100). Social workers should be open on remapping the ecology and working through subsequent stages if the intervention efforts do not appear to be achieving their stated objectives (Pardeck, 1988, p 92-100). The final stage of intervention that is the comprehensive evaluation of the process concerns the gathering of information through informal meetings and the use of structure questionnaires (Pardeck, 1988, p 92-100). The evaluation process is important for practitioners becaus e it enables them to enhance the quality of their ecological approach based treatment procedure (Pardeck, 1988, p 92-100). Advantages and Disadvantages of the Ecological Approach It is important to understand that ecological perspectives help social workers significantly in understanding human problems to essentially be outcomes of continuous transactions of different types between environments and people (Ginsburg, 1990, p 12-21). The conceptualising of human problems in this way helps social workers in understanding that discord between people and their environment can lead specifically to adverse physical, emotional and social effects upon people (Ginsburg, 1990, p 12-21). Such a focus is also a unifying feature of social work practice. The adoption of this approach helps social workers in taking away their focus from individuals as deviants with emotional and mental difficulties and helps in placing them simply as individuals who have mal-adaption with their environments (Henderson, 1994, p 38-45). The investigation and assessment process under this approach also allows social workers to interact with various people who are important to the service user a nd build an intervention plan that involves not just the social worker and the service user but also other people who are close to the service user, understand his or her problems and are able to help the service user in achieving the desired objectives (Henderson, 1994, p 38-45). Whilst the ecological approach helps social workers significantly in conceptualising the essential concerns of social work practice, the approach continues to have some inherent difficulties and problems (Pardeck, 1988, p 92-100). It does not for example provide clearly laid down sets of procedures and processes for assessment and intervention, as well as strategies and reasoning for their use (Pardeck, 1988, p 92-100). Social workers thus use the approach for understanding the basic relationships between service users and their environments but have to thereafter devise and formulate their own assessment and intervention procedures (Pardeck, 1988, p 92-100). It has also disturbingly been found that when social workers intervene in the eco systems of service users by opening up communication channels with other people in the eco system, such interventions often do not have clarity in terms of outcomes and can lead to negative consequences (Pardeck, 1988, p 92-100). Critics of the eco logical approach also argue that its application leads practitioners to perceive problems with such broad perspectives that practitioners attempt to plan so comprehensively that actual effectiveness of practice gets jeopardised (Henderson, 1994, p 38-45). Whilst such disadvantages and criticisms do have merit and must be considered by workers who opt to use the ecological approach, its adoption and application does enable social workers to obtain much larger perspectives and greater and more dynamic understanding of individuals and their social, cultural and physical environments (Henderson, 1994, p 38-45). The adoption of such perspectives results in avoidance of blaming of victims and in location of assessment and intervention of the issue in the ecosystem of service users (Henderson, 1994, p 38-45). References Barker, R., 1968, Ecological Psychology: Concepts and Methods for Studying the Environment of Human Behaviour, Stanford, California: Stanford University. Barker, R., Gump, P., 1964, Big School, Small School, Stanford, California: Stanford University Press. Germain, C., 1973, An Ecological Perspective in Casework, Social Casework, 54, 323-330. Germain, C. B., Bloom, M., 1999, Human Behavior in the Social Environment: An Ecological View (2nd ed.), New York: Columbia University Press. Ginsburg, E. H., 1990, Effective Interventions: Applying Learning Theory to School Social Work, New York: Greenwood Press. Henderson, G., 1994, Social Work Interventions: Helping People of Color, Westport, CT: Bergin Garvey. Jones, P., 2010, Responding to the Ecological Crisis: Transformative Pathways for Social Work Education, Journal of Social Work Education, 46(1), 67. Kerson, T. S., 2002, Boundary Spanning: An Ecological Reinterpretation of Social Work Practice in Health and Mental Health Systems, New York: Columbia University Press. Meinert, R. G., Pardeck, J. T., Sullivan, W. P. (Eds.), 1994, Issues in Social Work: A Critical Analysis, Westport, CT: Auburn House. Nash, M., Munford, R., ODonoghue, K. (Eds.), 2005, Social Work Theories in Action, London: Jessica Kingsley. Norman, E. (Ed.), 2000, Resiliency Enhancement: Putting the Strengths Perspective into Social Work Practice, New York: Columbia University Press. Pardeck, T. J., 1988, Social Treatment through an Ecological Approach, Clinical Social Work Journal, Vol 16, No 1. Peters, M., Marshall, J., 1996, Individualism and Community: Education and Social Policy in the Postmodern Condition, London: Falmer Press. Plas, J., 1981, The Psychologist in the School Community: A Liaison Role, School Psychology Review, 10, 72-81. Tew, J. (Ed.)., 2005, Social Perspectives in Mental Health: Developing Social Models to Understand and Work with Mental Distress, London: Jessica Kingsley. Wilson, D. J., 1999, Indigenous South Americans of the Past and Present: An Ecological Perspective, Boulder, CO: Westview Press.

Distinction Between Absolute And Strict Liability Offences Law Essay

Distinction Between Absolute And Strict Liability Offences Law Essay In general, the criminal liability requires the proof of both actus reus and mens rea before convicting a person. When the necessity for the prosecution to prove mens rea (in the sense of intention, knowledge or recklessness) regarding the actus reus elements of the offence is disregarded, either expressly or impliedly, the offence in question is described as strict or absolute liability offence. What is the distinction (if any) between absolute and strict liability offences? The distinction can be seen by what the prosecution must prove. Strict liability offences do not require proof of mens rea in respect of at least one element of the actus reus, usually the essential element. However, proof of mens rea may be required for some of the elements of the actus reus. Absolute liability offences do not require proof of any mens rea element, but are satisfied by proof of the actus reus alone. The distinction can be seen by examining the issue of causation In strict liability, the prosecution is required to prove the causation of the actus reus and the offence. In Empress Car Co (Abertillery) Ltd  [1]  , the lordship said that, While liability [for water pollution] is strict and therefore includes liability for certain deliberate acts of third parties à ¢Ã¢â€š ¬Ã‚ ¦ it is not an absolute liability in the sense that all that has to be shown is that the polluting matter escaped from the defendants land, irrespective of how this happened. It must still be possible to say that the defendant caused the pollution. In absolute liability, however, a crime may not require any causation link at all, if the specified state of affairs exists. In Winzar  [2]  , the defendant was removed from a hospital by police and was then arrested and found guilty of being drunk on the highway, even though the police officers had put him there. The court held that it was enough to show that D had been present on the highway and was perceived to be drunk. It didnt matter that his presence on the highway was momentary and involuntary. The distinction can be seen by what defences are available to the defendant Many academic papers differentiate strict and absolute liability by the availability of the defence of honest but mistaken belief, which is a common law defence. Where it is available the liability is strict, where it is not available the liability is absolute. The situation becomes complex in case where defence are provided in the statue for the defendant to escape liability. If common law defence is held by court to be excluded from the offence, does the provision of statutory defence disqualify an offence from being absolute? In the case HKSAR v So Wai Lun  [3]  , the court of appeal has the opportunity to look into the case B (A Minor) v DPP  [4]  , and made the following observation. Section 5 of the Sexual Offences Act 1956 made it an offence for a person to have unlawful sexual intercourse with a girl under 13 while section 6 made it an offence in relation to girls under 16. Under section 6, a defence was expressly set out where the defendant, provided he was under the age of 24, believed the girl to be 16 or over Lord Steyn said à ¢Ã¢â€š ¬Ã‚ ¦since section 5 contained no such defence, it plainly created an offence of absolute liability. So the court is suggesting that unlawful underage sexual intercourse, a traditional example of absolute liability, will not be considered as absolute liability per se in the present of statutory defence in provision. This observation is reaffirmed in the recent case Hin Lin Yee v HKSAR  [5]  by Ribeiro PJ in paragraph 198 (ii) and (iii). In other jurisdiction like Australia, the definition of absolute liability is even more blurred by the fact that common law defence like duress and self defence are available for absolute liability. How does one determine if an offence is one of strict or absolute liability? The question of whether a statutory offence requires proof of mens rea or is strict liability is treated as a matter of statutory construction, the statutory provision enacting the offence must be construed to determine the legislative intention. In Gammon (Hong Kong) Ltd  [6]  , the lordship has summarized the approach to the interpretation: There is a presumption of law that mens rea is required before a person can be held guilty of a criminal offence. The presumption is particularly strong where the offences is truly criminal in character. Truly criminal offence usually refers those dealing with violence against persons or property. The presumption is particularly strong due to the stigma that attached to the offence. The presumption applies to statutory offences, and can be displaced only if this is clearly or by necessary implication the effect of the statute. Sometimes the offence will expressly specify the type or level of mental fault by using words such as willfully, recklessly, carelessly, etc. In such cases, the court must then go on to define the precise meaning of those mens rea words. Where a statute is silent as to the mens rea for an offence, the courts must decide as a matter of general principle or statutory interpretation what level or type of mens rea applies. The only situation in which the presumption can be displaced is where the statute is concerned with an issue of social concern, and public safety is such as issue. Strict liability has often been imposed in regulatory offences concerning social concern and public safety, such as licensing, pollution, health and safety, driving offences, environmental offences and public health offences. Even where a statute is concerned with such an issue, the presumption of mens rea stands unless it can also be shown that the creation of strict liability will be effective to promote the objects of the statute by encouraging greater vigilance to prevent the commission of the prohibited act. In Lim Chin Aik v R  [7]  , the defendant had been convicted under the immigration laws of Singapore by remaining there (after entry) when he had been prohibited of entering. The aim of the law was to prevent illegal immigration. The defendant had no knowledge of the prohibition order and there was no evidence that the authorities had attempted to bring the prohibition order to his notice. Since there was nothing D could have done to determine whether a order had been made against him and thus ensure compliance with the relevant legislation, the Privy Council ordered that the offence was not one of strict liability because it did nothing to promote enforcement of the law. What policies are behind the creation of absolute and strict liability? It is said that the imposition of strict liability encourages greater observance of and compliance with law, especially to the employer who is vicariously liable to employees act, and this is particularly important where matters of public safety, public health and public welfare are concerned. High standards can be achieved and maintained only if those conducting activities involving risks to safety, health, the environment and so on are made to feel that it is not enough just to take reasonable care; they must take all possible care. Secondly, it is said that strict liability, by relieving the prosecution of the task of investigating and proving mens rea against an alleged offender, enhances the efficiency of our administrative and judicial systems. How do the concepts of absolute and strict liability assist or hinder the Prosecution, the Accused and the Court in a criminal trial? Prosecutor It relieves the prosecutor of the virtual impossibility of proving intent or knowledge of the wrongful conduct, particularly where the defendant was a company rather than an individual. No significant hindrance is observed for prosecution in regard to the application of concept. Accused Strict liability draw a clear line between legality and illegality, which may reduce the information cost for the accused to determine whether himself is guilty or not in some minor offence (e.g. speeding). Unnecessary legal fee may also be saved in this regard. On the other hand, the concept imposes liability on accused who have taken all possible steps to prevent the offence being committed and should not be blameworthy. The onus of proof is also reversed to the defendant side. Court The concept allows the court to strike down the many bogus defense that would otherwise succeed if excusable ignorance or mistake were always accepted as defense. On the other hand, the courts need to engage in time consuming debates about whether the legislature intended strict or absolute liability to apply. The difficulties in identifying strict liability offences can be seen from lack of clarity in judgements. Also, the court often need to justify the creation of strict liability does not per se contravene with the Bill of Rights.  [8]   Conclusion Overall I feel that strict liability is necessary, but that it should be used wisely and that statutes should be extremely carefully worded. Other jurisdiction is slowly moving away from creating new offences of strict liability and phasing out some of the older ones, or at least revising the statute and adding possible defences. Hong Kong should also revisit the issue and see if any improvement can be made.

Easter Uprising in Ireland Essay -- History Historical Irish Essays

Easter Uprising in Ireland On Easter Monday, April 24, 1916, a force of Irishmen attempted to seize Dublin, with the ultimate intention of eliminating British rule and creating a completely independent Ireland. Their leaders, such as Patrick Pearse and James Connolly, knew that they were destined to die, but saw the importance of independence, thus the rebellion was inevitable. In the eyes of many the rebellion was a complete failure, with the loss of lives and damage of buildings, but in the eyes of many Irish patriots the rebellion was a complete success as it promoted Irish nationalism and ultimately lead to an independent Ireland. The circumstances that lead to the rebellion are of an intense complexity, historical, social, political and psychological, and the rebellion itself has lasting impacts on society today. Since 1603, when Ireland was for the first time effectively united under British rule, Irish history has been dictated by the British, and the poor relationship between Ireland and Britain. The root of the problem was that Ireland was a mainly Roman Catholic country ruled by Protestant foreigners, colonial administrators acting on behalf of a Protestant Government far away. During the 18th century, the Irish Catholics were deprived of all rights, as one English judge brutally put it: â€Å"The law does not suppose any such person to exist as an Irish Roman Catholic.† The Irish could only assume that the English did not regard them as human beings at all, and this was clearly seen in the Great Famine of the 19th century. The Great Famine of 1845-1851 was crucial in shaping Ireland’s attitudes towards British rule and leading to the nationalism that provoked the eventual uprising of 1916. The peasants lived on potatoes, it was their only crop, and when the crop was killed by disease famine struck. The potato was primarily grown because it could produce a relatively high yield with little intensive care. Many though relied on the crop and that is why the famine of 1845-1849 was so catastrophic. Ireland had a population of 8 million before the famine, 1 million died from the famine and another 1-2 million immigrated to America. Ireland’s population, which had grown so strongly throughout the 18th century and early 19th century, had been shattered. The impact that the famine had on 1916 was simple: the English were blamed for the famine. Th... ...ellion can be seen to be an utter failure, but the bigger picture shows that the success of the rebellion can not be undermined, as it resulted in a great revival of nationalism and eventually, the establishment of the Republic of Ireland in 1948. In the book, The Modern World since 1870, it is said of Pearse: â€Å"Looking back one can see that his death lit a flame which illuminated Ireland’s path to independence†. It must be understood that the Easter Rising was never designed for military victory, it was in the desire of freedom, and in this regard the rebellion can not be seen as a ‘failure’. The Irish Rebellion, stemming from a history of oppression and neglect by the British, was always inevitable. Although the rising was a clear military failure, the legacy of the rising means that it can be seen as a success – it did achieve many of the aims of the leaders. The purpose of the insurrection was not to win the battle, but to leave the legacy to the Irish people that without struggle there is no progress. New nationalism was inspired, and in 1948, with the establishment of the Republic of Ireland, the rising was finally seen as a politically and socially successful movement.

The Universal Living Wage Essay -- Essays Papers

The Universal Living Wage In 1906 Father John Ryan, a renowned social and economic intellectual within the Catholic Church, published a book titled A Living Wage: Its Ethical and Economic Aspects. The book introduced to America workers the idea of a guaranteed minimum pay determined by the basic costs of living and set the stage for later minimum wage legislation during the 1930’s. Over the last decade, the idea of a living wage has resurfaced as workers have become more outspoken about the inadequacies of the federal and state minimum wage levels. Living wage legislation for government workers has taken effect in major U.S. cities such as Baltimore, Los Angeles, San Jose, Detroit, Boston, and many more. This paper will discuss the moral, social, and economic implications of instituting these laws as well as labor conditions around the world and the need for guaranteed living wages in countries such as India and Mexico. First of all, a clear definition of the living wage should be established. The Universal Living Wage Campaign Organization says that if a person works forty hours a week, a living wage should provide the worker and his/her dependents with proper nutrition, health care, housing, clothing, and transportation. Some debate has arisen around this definition though for a few reasons. First of all, the number of dependents the wage-earner must support has a huge impact on the calculation of the living wage. A wage-earner who only has to support himself can survive with a much lower wage than a wage-earner who must support a family of five for example, so how should legislation take this into account? If the idea of the living wage is to pay workers based on need, a law that provides a wage capable of supp... ...> - Clean Clothes Campaign. < http://www.cleanclothes.org/campaign/liwa99-11- 3.htm>. - â€Å"Universal Living Wage Effect on Business and Taxpayers†. http://www.nationalhomeless.org/ulwwhitepaper.html - Pritchard, Justin. â€Å"U.S. Study Concludes That 'Living Wage' Reduces Poverty†. < http://www.commondreams.org/headlines02/0314-03.htm >. 2002 - Coalition for Justice in the Maquiladoras. â€Å"New Study: Mexicans Unable to Live on Sweatshop Wages†. . 2001. - CFO â€Å"Protecting the Rights of Maquiladora Workers†. - Pritchard, Justin. â€Å"Study: Living Wage Laws Work†. http://www.cbsnews.com/stories/2002/03/14/national/main503712.shtml - http://www.epinet.org/issueguides/minwage/figure1.gif