The Philosophical Battle Of Free Will And Determinism

Genetic Determinism in Octavia Butler’s Dawn David Erickson ENG. 175: Race, Heredity, and Genetics Professor Lisa Klarr 9 December 2014 The philosophical battle of free will and determinism has been present for centuries, bringing with it a host of moral and ethical implications. However, since scientist’s production of the first recombinant DNA and its hybridization in 1972 (genome.gov) genetic determinism has taken on a new set of circumstances. â€Å"Since the 1970s, numerous authors have examined †¦ethical issues raised by the genetic modification of human beings† (Resnik Vorhaus, PMC), Octavia Butler being one of them. In her imaginative science-fiction novel, Dawn, she examines the idea of how genetic engineering†¦show more content†¦Free will, which also encapsulates environmentalism, says that behavior is not determined by genes and can be effected by environmental factors and therefore â€Å"assumes that we are free to choose our behavior† (simplypsychology.org). In the modern world, the free will and determinism debate has been somewhat reconciled since it has been found that both genes and the environment play a role in human behavior, allowing us to have some choice of who we are based on the environments that we choose to be in. It is now known that it is our genes which interact with the environment that makes us who we are, not the genes themselves (Jacobson, APA). Humans differ drastically from Oankali in the facet of socially and genetically based behavior, embodying both in their respective symbolism of free will and genetic determinism. Humans are social creatures. They pass along behaviors and learn new ones socially and culturally. For example, Lilith and the humans she awakens behave in a manner that is socially constructed, based on one another. This is also seen in Lilith’s desperation for contact with another human being to the point where â€Å"It became irrationally important for her to do two things: First, talk to a human being†¦one who knew more than she had managed to learn† (57). This illustrates not only the

Protection Of Individual Property Rights - 1689 Words

The outcome of major cases that have gone through the United States Supreme Court have made an influence on how laws and amendments of the United States Constitution are construed. Protection of individual property rights is a controversial topic in the political spectrum and it has advanced with different visions of values that should be protected in American Society. The Fifth Amendment due process and clause jurisprudence reflects the notion of property. The following four U.S Supreme Court cases, Fletcher v. Peck (1810), Dartmouth College v. Woodward (1819), United States v. Cruikshank (1875), and Ex Parte Milligan (1866), demonstrate the tensions between property and democracy that have risen during the Civil War Period. The right of due process of law is one of the most profound principal in our lives today. It decreases the chance of giving an innocent person the death penalty and it protects people from condemnation. In Supreme Court cases like United Ex Parte Milligan, Due P rocess saved Milligan’s life from an unjust court trial. Due process also limits the power the government has such as search and seizures or to charge someone with an unreasonable crime. The principle of binding contracts was established in two Supreme Court cases. This theory states that a state cannot overturn a contract for private corporations. During the Founding era, a voluntary contract between two individuals was an indication of equality. They would both agree to give up some ofShow MoreRelatedEnvironmental Laws And Its Effects On The United States1292 Words   |  6 PagesDuring the late 1700s, many Americans advocated for social justice, economic empowerment, property rights and environmental protection. Their advocacy created a national phenomenon that empowered government and policymakers to execute policies aimed at solving these problems nationwide. 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Advertising and News Environment in Media Communications Free Essays

The advertising and news environments in media communications are catered to the interests of the targeted audience. Companies advertise toys on channels that children watch as a means of influencing them to ask their parents to buy a specific item. Advertisements on a channel that broadcasts programs about the outdoors will have the products that are most interesting to people who enjoy the outdoor experience. We will write a custom essay sample on Advertising and News Environment in Media Communications or any similar topic only for you Order Now â€Å"This language of advertising, although less apparent to communicator and audience alike, is firmly anchored to cultural norms and often says more about a society’s psyche than the more obvious stereotypes of content† (Unwin, 1974, p. 4). The news environment in media communications is often more diversified because people who watch the news often belong to a wider variety of consumers from teenagers to parents. The concept of media planning is important so that the advertisements reach the company’s targeted audience. â€Å"The purpose of media planning is to conceive, analyze, and creatively select channels of communication that will direct advertising messages to the right people in the right place† (Arens, 2009, p. 280). To gain a better understanding about the decision made by the advertising and news environments in the industry of media communications, it is necessary to determine the influence of advertising and news on society. Commercials often focus on introducing a product or service to the public, or providing subliminal messages inspiring brand loyalty whereas the information from a news press release provides vital information about upcoming events to both the internal and external publics of an organization. During the â€Å"Anderson Cooper 360 degrees† talk show, the advertisements seemed to focus on regular advertisements, but one of the major focuses was cellular devices. This segment covered the latest information available on the George Zimmerman, Treyvon Martin case. The controversy associated with the cellular phone calls placed by George Zimmerman and Treyvon Martin prompted cellular companies to attempt to capitalize on the focus of cellular phones. The most dominant advertising force during the program was the computer and electronic device giant Apple Inc. The iPhone 5 advertisement’s intentions were to continue to establish the Iphone as the best option for smart phone users. In June 2007, the Apple Corporation released one of the newest smart phones with the intentions of crushing the efforts of its competition including the creators of the Blackberry and Android cellular phones. The targeted audience was cellular customers who wanted more from their smart phones. The ad reads â€Å"Touching is believing† encouraging people to enjoy the benefits of a cellular phone, iPod, and computer compatible with Apple computers both laptops and desktops. The effect of the advertisement is intended to spark interest in its targeted audience and continues to establish brand loyalty during this cellular phone revolution. The commercial that ran almost every commercial break implies that at this point nothing else matters but trying the new iPhone 5, upgrading a person’s cellular phone experience, and an attempt to divert the attention of one of the newest cellular devices, the Galaxy S4. The advertisements for the Galaxy S4 focused on the phone’s ability to send messages, search the Internet, and use social networking websites during on a phone call. Was this another subliminal message that focused on the phone conversation that Treyvon Martin was on during the altercation ? If he had a better phone could he have altered someone about the guy following him before it was too late. Regardless of the intentions, specific, or indirect, of the Galaxy S4 the actions influenced by the agenda setting theory used by the company focused on the differences between the Galaxy S4 and the iPhone. These differences are often the determining factor between why a person picks one product over another. Even though an issue in the George Zimmerman case was the issue of the cellular phone conversation, the majority of the commercials were not directly related to the news story contained in the program. The news environment associated with the program â€Å"Anderson Cooper 360 degrees†, focused on the objectivity of the jury on the evidence presented in the case. The information presented had a balanced approach to the situation because some guests sided with the family of the victim whereas others were focused on the issue of self-defense. This balanced pproach questioned issues such as sensationalism, persuasion, and journalistic ethics. Because this case is a sensitive subject sparking questions of racial profiling, self-defense, and the protocol of a neighborhood watchman there were many issues intended to catch the attention of the audience. One area of focus were the laws associated with self-defense in the state of Florida. â€Å"These laws, commonly referred to as castle laws, stand-your-ground laws, or shoot first, ask questions later laws, have the common feature of strengthening legal protections for those use deadly force in self-defense† (Holliday, 2012, p. 07, para. 1). The â€Å"shoot first, ask questions later† approach of George Zimmerman was criticized because of the recording of the phone call where the 9-11 operator told Zimmerman not to follow the individual. One of the major points of Anderson Cooper was that even though George Zimmerman had the right to protect himself, he was instructed to leave the situation alone because a police unit was on the way to investigate the so-called suspicious individual. Had Mr. Zimmerman followed the instructions he would have been in a situation in which he believed he had to defend himself. CNN’s program, â€Å"Anderson Cooper 360 degrees† focused on the sensitive elements and evidence associated with the George Zimmerman case. The program touched on the areas of objectivity, persuasion, sensationalism, and self-defense. The commercials had an indirect association with the information provided in the program. The frequent advertising of cellular devices was a subliminal tactic to establish brand loyalty, and make users question, or appreciate their current cellular phone carriers. However, outside the phone conversations held by Treyvon Martin with a friend, and George Zimmerman with the 9-11 operator the commercials during the program were random focusing on the average audience member’s interest. The news environment portrayed a surprising balance of opinions whereas the guests focused on the facts, laws, and any situational analysis conducted on the evidence available for the George Zimmerman case. The influence of advertising and news on society has a general approach with subliminal sodalities. How to cite Advertising and News Environment in Media Communications, Papers

Application of Principal Agent Relationship

Question: Discuss about the Application of Principal Agent Relationship. Answer: Introduction An agency is a type of a relationship that exists between two individuals. That is the agent and the principal. The primary purpose of the agent is to create contracts with a third party on behalf of the principal (Adamson, Morrison, 2016). In any case, a third party could be an employee or just an independent contractor. For example, in a supermarket, the cashier executes transactions on behalf of the supermarket. Actually, the customer doesnt enter into the contact with the cashier, but the contract is the between the customer and the supermarket. This study examines two different cases. In the first place, the study would look at a case where a de facto relationship is presumed to create an agency. The second one is an analysis of a case where an employee drags the employer to a case through apparent authority. This issue takes us to the root of the agency by presumption. Stone in (Stone, 2005) explained this agency as the agency that arises wherever a man and a woman are living together in a household. In (Campbell Dennis, 2009, p 56) the study found that two parties can create an agency by presumption or cohabitation. This type is agency exists through presumption that if a man and a woman are living in a de facto relationship, the woman is presumed to be an agent and can pledge the mans credit for necessaries. The same case would work for Rodney and Penelope. Rodney would be presumed to have the authority from Penelopes in acquiring the house necessaries so that both of them can keep up with their social status. Notably, necessaries are things like food, medical attention, and clothing. All things considered, these are mainly things that help in keeping their familys social status standing (Miss Gray Ltd .v Earl Cathcart, 1922). Another point to note is that the presumption of the agency only exists in the cases of cohabitation but not in marriage. After all, there is also a chance for invalidating this agency. For example, the husband can refute the authority if he expressly Had forbidden the wife from pledging credit. Had warned the supplier from supplying the goods to the wife. If wife already had sufficient supply of the goods earlier The wife had be provided with enough allowance to purchase such goods When the order was in excess even though it was necessary. However, if the husband had been paying for the bills to one supplier, the presumed agency of the wife will withstand and the only chance to escape liability is expressly warning the supplier. So to avoid paying for this $2500 microwave, Penelope should have warned the supermarket. So he doesnt have a choice rather than just pay. Adams Suing MODO after Dismissing the Lease A contract formed by an agent with a third party is as binding as when made with the principal under the doctrine of apparent authority (Carper, McKinsey, West, 2007). The same case applies to MODO sending Tim to search for an office but instead he exceed to acquiring a lease agreement. The main issue here is that Tim represented MODO to Adam, he made Adam believe that he has been sent to represent him in all the matters including entering into a contract. Apparent authority can be actual, expressed or implied, Plus, it could also happen by estoppel. Concerning this case, this study will lean towards apparent authority, the authority that Tim had and misused to an extent of drawing MODO to the case. Markedly, if it happens that the third party will rely on that representation; its no doubt that the principal will then be bound by any of the actions of the agent. So, MODO would be bound by the lease agreement, and this is because Tim made Adam believe that the Tim was there on behalf of Modo. In (Doncaster Metropolitan Borough Council v Racing UK Ltd, 2005), the court ruled that Mr Sanderson had apparent authority to bind the council the the contract. The case applies to MODO, Tim had apparent authority to bind MONDO to the agreement. For the sake of efficiency in transaction, there would be a demand to overlook the limits to express or implied authority. In other words, the law of agency should not be limited to only cases where the principal and agent relationship exist formally on the basis of either explicit or implied instructions. This one is the exact need to have apparent authority to substantially decrease the costs that would arise if inquiries have to be made to the principal every time a transaction is needed that where its terms are not included with the actual authority (Jones, Sufrin, 2016). However, the understanding of apparent authority has been battling with the misconduct of the agents. There are instances where an agent through apparent authority has committed fraud or mistakes drawing the principal into the suit. Nevertheless, the courts have always reasoned to prevent the misconduct of the agent from enrichment and fraud as in In (Skandinaviska Enskilda v. Asia Pacific Breweries, 2011). In this case, the Court quashed the reasoning that the defendants finance director had apparent authority to undertake the money that the plaintiff had given him. Role Of Apparent Authority To Establishing The Scope Of The Agents Power To Bind The Principal With Third Parties The agents action can totally bind the principal to a third party even though the apparent authority is not bona fide express or implied (Baze, 2015). The main reason is that the law of agency functions in the scope where trust in transactional activities is paramount. In the modern business world, the primary purpose of agency relationships is creating an efficient way through which a corporation can function and enter into business contracts. As a result, the law of agency has evolved to create the concept of apparent authority. This doctrine enables an agent who seems to have authority the capabilities of binding the principal, and in particular where the third party enters into a contract with the agent believing that the principal conferred such authority to the agency. This reasoning was held in (Ermoian v. Desert Hospital, 2007) where the court held that In the medical context, vicarious liability has been extended to a hospital entity under a theory of ostensible agency for t he acts of nonemployee physicians who perform services on hospital premises For instance, a case can happen where agent wont be authorized to sell an item on behalf of the principal. However, prior to the principals withdrawing the authority to sell, he had been allowing his agents to act for him by selling, including selling to the third party. Also, the third party has the knowledge that the principal had been allowing the agents to sell in the past. This past conduct deprives the third party a chance to an assumption that the agent doesn't have the authority to sell. In such a situation, a proper conclusion is that there is no actual authority for the agents to sell, but there may be authority due to the previous conduct of the principal in allowing them to sell. Apparent authority can arise in the cases where an agency relationship expired, but the third party doesn't have such knowledge. It can also arise after the termination or limitation of actual authority, yet the principal didn't communicate effectively (Kleinberger, 2008). Still, an apparent authority may occur even where there has been an established agency relationship forged between the agent and principal. In law, ostensible authority originates from estoppel (Ghaly, Wilken, 2012), but there are still substantial differences to distinguish the two. The concept of apparent authority allegedly comes into force to protect third parties. A valued explanation of this point is derived from (Bevans, 2007, p. 29) where the study stated that when a principal creates an impression that someone is empowered to act on his or her behalf, when, in reality, that person has no such authorization, the courts will intervene and supply the missing elements of the agency relationship. Courts have created the doctrine of apparent authority in order to prevent principals from escaping the obligations that they have created. Under this theory, a principal will be bound by the authority that he or she apparently transferred to the agent, even if this transfer was never actually completed. In the establishment of estoppels that would aid in apparent authority, the law would require the following reasons. The first one is a representation from the principal by words or conduct that the agent has authority. This fact was applied in (Rama Corp Ltd v. Proved tin General Inv. Ltd, 1952). In this case, the court laid out all the fundamentals that lead to the apparent authority using the concept of estoppels. By and large, the court provided that three features for the apparent authority to exist. In (Baskind, 2015), the law require the principal to make the representation either by word or conduct contemplated to be acted upon, proof of reliance, and change of the legal position of the third party. The second one is that the principal must make the representation to the third party. Thirdly, the third party must prove that it relied on the misrepresentation hence it entered into the contract. After establishing the three conditions, it would be no doubt that the principal w ill be estopped from disputing the agency. Ultimately, its vital to note that the appearance of authority must have arisen from the principal's previous conducts. That is to say; no agent can create a representation without the principal's previous conduct and expect to bind the principal to the dealing as held in (Sigma Cable (Pte) Ltd v NEI Parsons Ltd, 1992) Concussion The purpose of this paper was to simplify the main principles of apparent authority. The goal was to outline of the creation and aspect of the said authority to bring out a better understanding. Therefore, there is always a need for agents to act with diligence and credibility to maintain their good relationship with the principal. Also, it can help in preventing the burden of cases when the third party sues the principal. References Adamson, J., Morrison, A. (2016). Law for Business and Personal Use (19th ed., p. 387). Cengage Learning. Stone, R. (2005). The modern law of contract. London: Cavendish. Campbell, D., Dennis, E.C. (2009). International Agency and Distribution Law: Lulu Enterprises Incorporated. Carper, D., McKinsey, J., West, B. (2007) Understanding the Law. Cengage Learning Doncaster Metropolitan Borough Council v. Racing UK Ltd EWCA, Civ 999 (2005) Ermoian v. Desert Hospital 61 Cal. Rptr. 3d 754 (Cal. Rptr. 3d 754 ,2007) Rama Corp Ltd v. Proved tin General Inv Ltd, 2 QB 147, (1952) Skandinaviska Enskilda v Asia Pacific Breweries, 3 SLR 540. (2011) Sigma Cable (Pte) Ltd v NEI Parsons Ltd, 2 SLR 1087 (1992). Miss Gray Ltd V Earl Cathcart (1922) 38 TLR 562 Jones, A., Sufrin, B. (2016). EU competition law (6th ed., p. 753). Oxford, United Kingdom, UK: Oxford University Press. Baze, D. (2015). Common Law Of Agency. Supplemental Chapter For Oklahoma Real Estate Principles, 9. https://dx.doi.org/405-361-4602 Kleinberger, D. (2008). Agency, partnerships, and LLCs (3rd ed., p. 34). New York, NY: Aspen Publishers. Ghaly, K., Wilken, S. (2012). The law of waiver, variation and estoppel (3rd ed., p. 329). Oxford: Oxford University Press. Bevans, N. (2007). Business organizations and corporate law (3rd ed., p. 29). Clifton Park, NY: Thomson Delmar Learning. Baskind, E. (2015). Commercial law (1st ed., p. 176). Oxford University Press.