ShantanuT01/DACTYL-Pretraining huggingface dataset:
Methods of statutory interpretation There are four major methods of statutory interpretation used in the most developed democratic countries of the world. The first of the methods is the so-called Golden Rule used in the majority of cases to dissolve the ambiguity of the words used in statutes or any other documented or oral pieces of information that might lead to unpredictable results in case if the disambiguation would not be carried out (Rawlings, 1979, p. 715). For example, this rule was used to solve the controversy raised by Section 46 of the Administration of Estates Act 1925, which ruled the necessity of “issuing” the inheritance to the dead person’s relatives under some circumstances. Understanding that in some cases, such a ruling can lead to the benefit of the criminals, the courts try to avoid this formulation and rule the cases in accordance with the common law with only subsequent consideration of the Administration of Estates Act 1925 (Becke v Smith (1836) 2 M&W 195). The second rule is the so-called Literal Rule (or Plain Meaning Rule), whose major essence lies in the fact that the texts of the statutes and other rulings should be interpreted word for word, i. e. every word should be considered by the courts and judges in its primary and the simplest grammatical and lexical meaning (Unger, 1953, p. 369). It is a usual practice to include a definitions’ sections into a statute, but in case if such a section is omitted due to some reason, the literal rule comes into play, prescribing the definition of the ambiguous words in the simplest way possible. Defining the words literary, this rule is non-surprisingly called literal (Fisher v. Bell [1961], 1 Q.B. 394, [1960] 3 All E.R. 731). The third method under analysis is the mischief rule, especially carefully treated in the British legislative and law systems. The point in this rule is that the judge, faced with the ambiguity in a statute, looks for the initial reason for the establishment of this statute. In other words, the judge seeks to find out what the intention of the government was in creating this statute and what “mischief” it was about to solve (Smith v Hughes [1960] 2 All E.R. 859). The mischief rule allows the judge to get a more comprehensive picture of both the case and the statute it should be regulated by. In combination with the purposive approach, these methods inquire about the intended aim of the law or a statute. The purposive approach as such goes deep into the history in order to see what the purpose was that the government had established a statute or a law (Smith v Hughes [1960] 2 All E.R. 859). Needless to say, numerous cases in British
Introduction Over the past century, the human race has dedicated a vast proportion of the available resources to the efforts of self-actualization in terms of development politically, socially, economically and technologically. To provide a means for measuring the progress made, means have been developed through which progress in these sectors can be analyzed and monitored all the while checking on the possible ramifications that can arise from any selected course of action. This paper shall focus on the environmental aspect of economic development. It shall dwell on the various factors used to monitor and analyze economy growth in various economies. Much of the discussion shall concentrate on Chinas investment climate to evaluate whether it offers a feasible ground for foreign investments. However, it is a known fact that FDI’s have resulted in positive results as is illustrated by Jiang (2005) who asserts that the social welfare of the host country is much improved. This is mostly because of the technological transfer that the local suppliers gain is adopted which in turn improves productivity and quality all the while increasing the GDP of the host country and their ability to compete in the global scene. Brief overview of China’s investment climate According to the World Bank (2002), the Chinese economic progress over the years has been remarkable with the country experiencing increased manufacturing and service industry potentials. This has been because of rapid technological advancement brought in by FDI’s, and the increase use of labor-intensive techniques of production. Analysis of China’s investment climate Investment climate as defined by Eng (2005) refers to the quality and quantity of investment flowing into a given area. It depends on the expected returns that an investor hopes to get and the uncertainties that surround these returns. To ensure that an investment yield the expected results, a cost benefit analysis (CBA) and a SWOT analysis may come in handy. To effectively carryout these analyses, there are components that need to be assessed as pertaining to the economic environment of the host nation (Eng, 2005). First, an investor has to evaluate the macro/ country level aspects that may affect the economic well being of the nation as regarding to foreign investments. These include level of political stability, national policies on trade and foreign investment, entry and exit barriers, labor market flexibility and the availability of financial services (Liaw, 2007). These factors determine the efficacy of the regulatory framework that the host n
Counseling is an integral component of the move towards absolute mental health. The development of tailored counseling programs for the issues that haunt human beings in their various ventures in life is essential as positive mental health is priceless and an asset (Hohenshil, 2010). Psychological interventions for marital disharmony are of diverse nature incorporating different principles and theories. However the picture is not all that rosy considering that all efforts are not always successful. Interventions for marital discord and distress produce changes in behavior for short terms and the discord may repeat after some time (Christensen and Heavy, 1999). This has produced more research taking into consideration therapy in natural settings, development of better interventions, lengthening the therapy and aiming at better outcomes. Couples requiring marital therapy are at the ends of their tether due to painful conflicts, blaming their spouse for most of it. The concept of couple therapy has changed over the past few years from behavioral and cognitive approaches to therapies focusing on emotions, empathy, acceptance and vulnerability (Johnson, 2004). The interventions surrounding behaviors missed out on an important aspect of relationships: emotions. The present study will examine the effectiveness of interventions in the institution of marriage focusing on emotions. Therapy includes interventions for those who are positively in distress or group and preventive programs for couples (Christensen and Heavy, 1999). Research has indicated more satisfaction with the therapy than without it; “the average treated person is better off than approximately 80% of the untreated” (Anker et al, 2009). Positive outcomes occur only when relationship improves. Couples would still be having some discord. Treatment will cause a highly dissatisfied person to move towards the moderate satisfaction group. The score should change from the dysfunctional zone before treatment to the score in the functional population after treatment. The scores for each spouse must be examined separately. The scales used could be the Marital Adjustment Test or the Dyadic Adjustment Scale (Christensen and Heavey, 1999). It is understood from Jacobson’s study of 1984 that therapy does not ensure that a marital
An effective leader should understand major principles of organizational change, development and behavior. Morgan (2006) introduced (and provided an in-depth analysis of) certain metaphors to use to evaluate organizations’ effectiveness. These metaphors help analyze effectiveness of the organizational structure and behavior; it can also help evaluate performance of the company and each employee (Renz, 2009). It is possible to consider two metaphors to illustrate this point. Organizations as machines and organizations as systems are two metaphors which can be used to evaluate different aspects of the organization. Organization as a machine is a metaphor that depicts the organization as a machine where all systems work according to some algorithms (Morgan, 2006). Departments are seen as different subsystems of a single machine. The major focus is made on productivity and performance. Such concepts as bureaucracy and technocracy become central. In terms of this metaphor, organizations function according to a plan with no deviation (Morgan, 2006). This metaphor can help evaluate the effectiveness of the strategy chosen. When seeing an organization as a machine, it is rather easy to trace deviations from the plan if any. Performance can also be easily evaluated as it is rather easy to check whether the organization or a particular employee reaches goals set (or even starts working on time) or not. Nonetheless, there is a drawback in this metaphor which prevents leaders from evaluating interpersonal relationships within the company. However, effective leaders should be aware of the relationships existing in the company (Kinicki &
Introduction Sometimes, Internet users have particular challenges when they work with various online resources for such tasks as education, calculations, communications, and so on. As there are many new technologies in the digital era, people must learn and adjust their skills to innovative tools that provide customers with certain opportunities. The following paper is intended to discuss users’ experience challenges when they access a popular nondiscretionary information artifact called Blackboard. Discussion To begin with, it would be proper to explain that the Blackboard website mentioned in the introduction is a source that belongs to an educational technology company. The given organization develops and constantly updates its learning system that allows students, teachers, and professors to make certain records, schedule their working days, and communicate with one another (Blackboard, 2017). Indeed, when educators or learners install the program for the first time, they might have some problems with understanding its interface, structure, and other important aspects. The essential challenges that can be presented by the Blackboard software will be broadly described in the context of this paragraph. The first user experience issue that might occur while working with the system is presented by its innovative philosophy. It appears that all the students that learn a particular discipline are obliged to use the given product regardless of their will (Islam, Beer, & Slack, 2015). Otherwise, they might not be able to obtain all the necessary information as to their courses, which can adversely impact their ratings. Although the technical part of the Blackboard program is designed to be helpful and comfortable for students, its conception might be somewhat misunderstood by the users due to the fact that the system is new and has not been promoted by educational institutions before. It would be proper to mention that the majority of individuals who own accounts on Blackboard had various difficulties with its usage. Therefore, the company’s developers had to update their product several times. Another experience challenge that individuals might have when using the Blackboard system is its integration into schools, universities, and other educational institutions (Islam et al., 2015). It appears that the courses provided by Blackboard have to be purchased on a regular basis because they always get updated. Some schools establish collaborations with the corporation to use its products with additional features or discounts. Such a strategy is also beneficial for Blackboard Inc. as the organization becomes popular among academic societies. However, if there is no support from the official management department of the company, it might be harder to follow its courses and separate programs in general. It is necessary to mention that the online source is expected to develop into a new type of school that would not require people to waste their time traveling to work every day if certain tasks can be completed remotely as well as in class. Conclusion One of the largest educational portals
This essay summarises an article that was published on the 18 th of November, 2012. The article was published in Sunday Times, which is a popular newspaper in South Africa. Its title was ‘Thieves take more than 100 top SA artworks.’ It was written by Sabelo Skiti. I accessed the article on ProQuest newspapers by using the keywords ‘South African art theft.’ The article talks about art theft in South Africa. This is a crime that has been common over the last two years. According to Massie Gordon, who ensures art materials, 100 artworks have been stolen within this period. The number could even be higher because some theft cases are never reported. The article discusses the most recent art theft, in which a Gerard Sekoto painting, valued at seven million rands was stolen. It was among five paintings that were stolen from the Pretoria Art Museum on the 18 th of November, 2012. Four of the stolen paintings, valued at 10.5 million rands, were recovered at a cemetery in Port Elizabeth. In the article, Massie points out that art theft is a profitable trade in many parts of the world, just like drug trafficking and the illegal sale of firearms. Most countries do not put enough effort to fight art theft, apart from Italy, which has a team of dedicated police officers who work tirelessly to combat the crime. Massie expresses confidence that relevant bodies would create local and international awareness to reduce art theft. It is difficult to accurately determine the amount of money that is lost to art theft in South Africa because specialists and pundits argue that this would encourage more people to engage in the crime. As a result, they choose to give approximate figures that show the seriousness of the crime. Most South Africans believe that the effect of art theft is more than the monetary loss that is associated with the crime. According to them, the historical value of the artwork in South Africa is more important than its monetary value. Pundits point out that museums have not been putting enough security measures in their organizations because they argue that the implementation of such measures is costly. However, this is dangerous because eventually, they incur huge losses due to theft cases. This implies that museums should put enough security measures to ensure that they prevent art theft because the incidents have been reported in other places. The Pretoria museum theft involved a gang of three men. One of them, who pretended to be an art lecturer, requested to access particular paintings at the museum before the gang tied staff members and disappeared with the artworks. There are two types of art theft. The first one involves the theft of materials made of Bronze and other alloys because they are easily recycled. The other type occurs when materials of high value are stolen. I was interested in the a
Introduction In the current day, we are living in an economy that is globalized and this is evident. The whole world is transforming at a very high speed as time goes by Krueger (1994) observes that, Local, national, and regional economies once relatively insulated from each other are engaged in a seemingly inexorable process of global integration characterized by expanding trade and competition, private sector-driven investment, market-friendly government fiscal and monetary policies, the expanding embrace of science and modern technology, and the global spread of a common, cross-cultural mass consumer products-driven culture (p13). While it is established that the process of globalization commenced hundreds of years ago, on the other hand, the speed at which this process has been moving has just increased in the last century (twentieth century) and in this new century, the speed is seen to be increasing even more. International corporations are playing a major role in speeding up the rate at which globalization is taking place. Just until in recent times, people lived in a world that was highly divided in which there was capitalism and communism and the world was also being greatly militarized, with each nation going its way. However, in the present day, things are different and have greatly changed. In the current world, every country is striving to derive some political and economic benefits coming from economic growth which is liberal and market-driven. This paper is going to consider the extent to which globalization of the economy has taken place. It is going to be established that, globalization of the economy is currently at a higher level as compared to the globalization of the economy in the last century. It is also going to be indicated that, the global economy is going to be at an even higher level in the coming twenty years and also beyond this time. The Extend to which the economy is globalized According to the Association of Chartered Certified Accountants (2010), in the current day, the global economy is at a tipping level. This association points out that “the previous interpretations of success, growth and global stature has been based on movement in Fortune, CAC, FTSE, DAx and Hang Seng indices, tracking multinationals based in a few dominant countries” (p. 6). An interpretation like this one is changing at a radical pace to make recognition of the strengths that are based in the regions which are having market strengths that are not similar but are rather diverse. These diverse strengths are going to define the global economy in the time to come. The Association of Chartered Certified Accountants (2010) observes that globalization will still go on in the future and this will bring about a world of “flatter”. According to their understanding, globalization which is constantly undergoing evolution will gain shape resulting from these strengths in the diverse markets that are being perceived in the various regions of the world. At the corporate level, it is expect
Executive summary This paper is a comparison paper comparing two websites, healthline.com and mayoclinic.com, to identify the difference in their usability. The paper shows that several factors may cause a website easy to interact with. These factors include human aspects, the structural format of the site, and the design. The report gives a brief background of the two web sites as well as outlining the method of research used to identify the differences. The results of the research have been presented, and a detailed discussion is given in this paper to show how websites can be affected by certain aspects of humanity. Towards the end of the paper, some recommendations on how to mitigate the problem have been outlined as well. Introduction Website usability is one of the most important aspects of any portal or site where members of the public are expected to access information about a particular subject. Different sites use varied user interfaces, which makes the difference between a simple and complex site. Some sites are very simple and easy to use for a layman, while others are too complex for an ordinary user to understand. These are the major structural differences that determine the number of users visiting a particular site while overlooking some. In this paper, the websites that will be discussed are healthline.com and mayoclinic.com since they both offer professional advice and information on breast cancer. While developing a website, it is very important for an organization to consider a number of factors in order to create an effective health information system. Several risks are expected while creating such a system, and this includes the probability that the system may not work, may partially work, or may work, but users may not like it. Such
Introduction Serial killers seem to be one of the most dangerous criminal elements. They are often hard to expose, and their daily behavior rarely could be called abnormal at least to their relatives and friends. It is their dark side that horrifies people once it is revealed. The U.S. police report having a decent crime-solving rate in relation to typical crimes, however, serial killings are on the opposite can be considered a weak spot in the enforcement agency because, in these cases, it is hard for them to identify and bring to justice those responsible (Miller, 2014). Scientists are still undecided as to what pushes a person to commit multiple murders in a similar pattern, but the knowledge of that could prove invaluable to criminology as it will let investigators arrest the murderers earlier and prevent further killings (Miller, 2014). This is why it is paramount to delve into theory around serial killers’ motivations. Definition of a Serial Killer In order to theorize on the motivation of serial killers, it is obligatory to define the scope of the study. According to Adjorlolo and Chan (2014), there is a fair amount of controversy among professionals as to the defining characteristics of a serial killer. Since every case is unique, it is hard to generalize a common profile and unite multiple criminal offenders under one linguistic or legal category. The absence of a sound practical definition complicates legal procedures and, most importantly, the decision process over a punitive measure. Presently, even in state agencies, there is no accurate and unified definition of the act of serial killing. Hickey (2012) states that in the recently passed legislation, a serial killer is identified as a person who killed three or more individuals in a similar pattern. This definition poses an issue of periodicity. As such, a person who shoots three people in a shop, for instance, could be called a serial killer as the definition does not specify the time variable. In the FBI the definition was refined and defined serial killing as two or more cases of murder committed by same individuals in separate events” (Adjorlolo & Chan, 2014). This sounds like a sound definition due to the fact that it includes time separation that is usually observed in serial killers’ behavior and the possibility of having accomplices in crime. It also defines a new minimum for the number of kills sufficient to identify a killer as a serial murderer. However, this definition again puts in a row psychopaths who torture, dismember, or consume their victims with regular mentally sane people who kill out of spite or anger more than two times. For the sake of this research, the author will include an ambiguous yet necessary component of fantasizing so as to more precisely distinguish the object of this study. This component was seen in the earlier definitions of serial killers but was removed, which acc