This paper addresses recent concerns about Internet privacy, concentrating on legal and ethical concerns. In particular, a bill is being introduced in the Senate this spring which aims to codify in U.S. law the rights and responsibilities of information
1,650 words (approx. 6.6 pages), 7 sources, 2002, $ 62.95
Abstract This paper addresses recent concerns about Internet privacy, concentrating on legal and ethical concerns. In particular, a bill is being introduced in the Senate this spring which aims to codify in U.S. law the rights and responsibilities of information suppliers. In the past, the United States has taken a "hands-off" approach to regulating information, in the hopes that the industry will engage in self-regulation. Self-regulation is not advancing rapidly enough to satisfy either the Federal Trade Commission or the recent European Community Directive. The paper presents and supports the opinion that it is imperative that the United States pass legislation which will address Internet privacy issues and forestall any restrictions U.S. companies may have in dealing with Europe.
This paper compares the differing theories of Durkheim, Marx, and Weber on religion, which demonstrates that religion is an esoteric concept enhanced or modified by personal experiences.
Abstract The paper explains that Durkheim believed religion, originating from the society or the needs of the society rather than from the human mind, is essentially a moral force that determines and codifies what is good and bad for a society. The author points out Karl Marx's statement that "religion is the opium of the common people" and his opinion that it is not a necessary factor in the development of the society. The paper states that Max Weber's views on religion are more sociological than an analysis of religion itself; however, he acknowledged that religion has a strong social effect that helps in the development of the society.
Table of Contents
Introduction
Analysis
Comparison
From the Paper "Marx on the other hand did not believe that religion was a necessary force. While he did not negate the view the religion had a unifying quality, he believed that religion was a force that unified people only to exploit them. In his views, religion deepened the social division between the rich and the poor by enforcing deviant interpretation of morality on the public. He believed that the economic forces in a society are far more powerful than the religious forces of a society because religion is in turn dependent on the economic status of the society. Marx believed that religion is just an illusion that ensured that the society operated in a manner that was beneficial to the society."
Abstract This paper explains that the question of whether or not the presence of "utmost good faith" in marine insurance is equitable to either the insurer or the insured is a question of global debate, because, although it is codified in very old law, the advent of containerized freight has brought the issue to the forefront in several nations. The author points out that the investigation done by an Australian expert provides a clearer picture of these problems of the nation's position concerning the Marine Insurance Act and strongly suggests that the entire Marine Insurance Act be removed from the realm of the English Common Law and placed under the control of the United Nations. The paper relates that the inevitable question of precisely who does suffer the most--the insured through their ignorance, negligence or outright fraud or the insurers and the re-insures for failing to use protective technology and instead simply make the premiums higher to cover their actuarial losses; however, the real cost is borne by the citizenry of the world as another hidden tax.
Table of Contents
Thesis Statement
The History and Background of the Law
The World Wide Effects upon Nations
The World View and Conclusions
From the Paper "In his discourse concerning the Law of Marine Insurance - Utmost Good Faith at least in the sphere of Australian trade is having far too many losses therefore placing an unfair burden upon the insurers where perhaps the insured are quite possibly at fault. Again there are copious court cases cited in this section. It is this section of the law too that the Chancellor relates the United Nations efforts at curbing and enforcing the Utmost rules, but they have fallen miserably short of their goal."
Abstract The paper advances the thesis that Roman identity originated as a fixed and highly codified concept in a legal sense because of the distinction of citizens and slaves that became problematic with the introduction of religious and civic pluralism during the expansion of the Roman Empire. The paper focuses on the broad, satirical comedies of Plautus and their depiction of slavery and the discussion of religion in the works of the historian Livy. It also includes some contrasting commentary by the earlier historian Polybius and his contemporary Saullst.
From the Paper "What did it mean to be Roman in the context of ancient Roman society? On its surface, such a question seems obvious. To be Roman means to be a citizen, of course, to be a part of the great, famously "grand" empire that was Imperial Rome. But in analyzing the particular texts of the Roman period the question of who constituted a citizen in the ancient Roman empire, and of the ways in which the "public cult" of Roman civic and religious obedience was observed, this easy analysis of Roman identity is called into question.
In discussing questions of identity, the anthropologist Mary Douglas once observed ?whenever a strict pattern of purity is imposed on our lives it is either highly uncomfortable, or, it leads into contradiction if closely followed, or it leads to hypocrisy.? (Douglas 163) By making this statement, Douglas means that whenever a society has a strong definition of what constitutes its identity and core of values, it is almost impossible to follow the strictures imposed by that definition of identity in any close and accurate form without discomfort or contradiction. This was true of the definition of what it meant to be a good and virtuous Roman citizen from the empire's earliest days. According to the early historian Polybius, "Romaness" was an austere, military discipline."
Abstract Nineteenth century British philosopher John Stuart Mill was the most important proponent of utilitarianism, a theory of morality for determining the rightness or wrongness of any action. This paper looks at Mill's 1863 book "Utilitarianism" in which he codified the principles of utilitarianism. The paper shows that Mill's principle of utility is helpful in distinguishing the rightness or wrongness of an action from the motives of the actor or agent. This principle of utility led Mill to support liberal feminism which he saw as morally right because allowing women the chance to make intellectual contributions to society promoted happiness for the greater number of people.
From the Paper "People who sought to prohibit women from working may have had good motives, based on their religious beliefs or their fear of introducing social disorder. However, according to Mill, the result of these prohibitive actions was that society lost the potential contributions of educated women. Mill believed that the harm created by denying women's contributions to art and science far outweighed any potential good that resulted from maintaining the status quo. When judged by the principle of utility, the subjugation of women was thus a morally indefensible attitude that failed to promote the higher good. Despite their supposed good motives, people who fought against women's rights engaged in morally wrong actions."
Abstract This paper examines how the rules of American social engagement come into play, not simply on a personal level, but are codified and defined on multiple levels. Through a review of the books, "Bowling Alone" by Robert B, Putnam, William K. Tabb's "Unequal Partners", and Alan Dawley's "Changing the World", it looks at how the changing and evolving rules of social engagement in America invariably relate to how, as a society, a complex nation such as America is constructed on a socially stratified level. It also explores how America functions on a globally stratified level among other nation states in a social and civic fashion and discusses how, although social engagement with one's peers, with one's fellow nationals, and with one's fellow human beings may have grown increasingly atomized and absent in recent years, it does not mean such laws have been erased.
From the Paper "All authors see a fundamental lacking in the way that Americans relate to other Americans, how America relates to the world community, and how America perceives its political responsibility to those in need within its borders and abroad. However, all three authors, because of the different paradigms they use to view this lacking of civic engagement, offer quite different solutions. Putman takes a sociological paradigm to examine American post-war Baby Boon social trends, Tabb uses the environmentalist and international relations paradigm of America's location in a global society, and Dawley takes the historian's point of view, contrasting the Progressive movement of the turn of the century with American social movements today, stressing the contemporary lack of political movements to cohere and achieve similarly internationalist and civic political ends."
Abstract Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. This paper examines the idea that intellectual property throughout the world needs to be harmonised with the protection of a creators rights protected by a more codified international agenda.
Outline
Introduction: Why the Harmonisation of Copyright Laws and Systems is Important Especially in the Digital Age
The Main Issues of Current Copyright Protection in the Digital Age The Transformation of International Copyright Through International Treaties
The Obstacles in the Way of a Global Copyright System
Conclusion: The Future of International Copyright Laws -Further Harmonisation
From the Paper "Information Technology communication brings with it the challenges which have beset the human race since their initial attempts to interact upon a social and trading basis. As democratic governance involves public debate and open decision-making, the organisation of interests groups, and the free exchange of ideas, opinions and information is essential. To a greater degree than ever, open media provides a critical measure of progress towards democracy. Access to information and the right to freedom of expression are central elements in ensuring the voice and participation necessary for the development of a democratic, civil society."
Tags: copyright, digital, intellectual, international, law, property, rights
Abstract This paper discusses the issues regarding ethical failure in research design. The paper examines attempts to codify responses to ethical dilemmas. The issue of ethics in collecting data and in analyzing and reporting data is explored in the paper.
From the Paper "There is no question, in the aftermath of the WorldCom and Enron ethics failures, that ethics education is lacking in corporate America. But there is also ample evidence that academics have difficulties with ethical issues as well. "Noted historians Alex Haley, Doris Kearns Goodman and Steven E. Ambrose were accused of scholarly plagiarism in the writing of their books" (Petress 2003), certainly an ethical lapse in research conduct if the charges are true. Mr. Haley was deceased when the charges were leveled; Ms. Goodman apparently surmounted the charges leveled at her as she remains an NBC political commentator. (However, it should be mentioned that media might be seen as rife with ethical problems regarding their research, with the New York Times' Jayson Blair coming to mind. Indeed, many news professionals accused of ethical lapses, mainly plagiarism, have gone on to other jobs, "adding some truth to the belief that plagiarism is not such a terrible act" (Petress 2003). However, media is not academia, where higher standards must be achieved for several simple reasons, not least of which is that, in some disciplines such as medicine and law, life itself may hang on the outcome."
Abstract This report deals with the subject of ethical relationships between
administrators and physicians in the healthcare setting and also looks at issues of ethics in general in the hospital setting. Specifically, this report looks at current problems in administrative ethics and also seeks to portray possible solutions to these problems which center around everyday ethics and codified structures of ethics and education, while also making recommendations for future research. One ethical problem that is examined is confidentiality; another is inter-professional relationships. All administrative ethical questions are referenced back to the main motivation of the healthcare staff of both administrators and physicians: doing what is for the good of the patient or client. The report examines issues of integrity, policy, practice, ethical codes, and the relationship between client and caregiver, while examining the changing roles of physicians and administrators in reference to the client's needs.
Table of Contents:
Introduction
Confidentiality and Integrity
Ethical Policy and Practice
Relationships between Professionals
Relationship to Patients
Proposed Solutions
Future Research
Conclusion
Bibliography
From the Paper "Professional relationships, in contrast, are not relationships between professionals and clients, but relationships between two or more professionals. These relationships are also covered in various ways by the various codes discussed including IECs. Although dual relationships are possible within this context, there is more of a sense of responsibility in maintaining a helping environment among co-existing professionals who respect each other and are not exploitative in their positions within hierarchical relationships."
This paper examines the inherent bias in the death penalty and attempts to establish the root of this bias which has seen an unequal proportion of minorities and blacks executed compared to whites.
Abstract Laws are established according to the prevailing norms and customs existing in society. Thus, the law is merely a codified edict of social conformity. However, when building consensus, there is rarely, if ever, unanimous decision-making. Bias is always prevalent. Even though every citizen is equal before the law, not every citizen may be judged equally before the law. This paper illustrates this principle by using the death penalty as an example, and showing that it is racially biased and disproportionately handed down in cases involving racial minorities. It shows this through the use of statistics and by illustrating factors that lead to the discrepancy between the proportion of minorities in the population and the proportion of minorities sentenced to death in the judicial system.
From the Paper "Since its inception, the death penalty has encountered constant opposition, and has been embroiled in court cases challenging its constitutionality. Opponents of the death penalty challenge it under the eighth amendment of the constitution, which prohibits cruel and unusual punishment. One of these most notable cases is that of Furman v. Georgia (1972). In this case, Justice Marshall, who wrote the majority opinion, explored the roots and different facets of the death penalty, and ultimately "arrived at the conclusion that the death penalty violates the Eighth Amendment..." (Furman v. Georgia, 1972). One key point of evidence was his contention that the death penalty is discriminative, and in presenting supporting evidence, he believed "that the following facts would serve even the most hesitant of citizens to condemn death as a sanction..." (Furman v. Georgia, 1972). He states that out of 3,859 people who have been executed since 1930, 1,751 were white, and 2,066 were black. 3,334 of the executions were for murder, of which 1,664 were white, and 1,630 were black."
Abstract This paper explains that, although one can certainly argue whether Edna was an exemplary early feminist or if she was merely a selfish woman who chose the easy path in the end, the text of Kate Chopin's "The Awakening" is valuable outside of its literary aspect because it contains a great deal of revealing information about the nature of gender relationships in the Victorian era and defines its feminine response by detailing the setting of the story. The author points out that the fine line between author, narrator and heroine is crossed in this story as the author presents her most intense convictions about the role of women in Victorian society: Chopin often presents a model of a certain ideal of the Victorian age and then offers the antithesis. The paper states that, although Chopin attempts a realistic view of the time period and women's struggle in society, she misses her objective to demonstrate the oppression of the character Edna by her choice of this character's behavior and instead leaves the reader with a message of contradiction.
From the Paper "As a side note, it should be remembered that Chopin had enjoyed great success as a writer of "local color" stories that dealt mildly with issues of gender and sexuality but that "The Awakening" did not receive the great praise of her other, more "tame" stories. She died only a few years after the publication and subsequent ill reception of the story of Edna's awakening and in this sense, it hard to separate Chopin from her female heroine. Chopin had been raised in an intellectually open environment and was less familiar with the typical marital relationships of the Victorian era than many of her contemporaries. This set her apart as a unique, but ultimately too potent writer in a literary period that had not yet awakened to the more modern notions of feminism."
Abstract This paper examines how Oscar Wilde's "Picture of Dorian Gray" and Thomas Mann's "Death in Venice" are literary works situated in the cultural phenomenon known as decadence. This cultural phenomenon began in the late nineteenth century and involved the production of a range of interrelated aesthetic, social and sexual personae. It looks at how the most prevalent of these in the work of Wilde and Mann are the beautiful boy, the dandy and the degenerate, because they represent the "Other". It also discusses how both novels also deal with the dichotomy of the Apollonian and Dionysian artistic impulses in literature, which serve to define the calm exterior/decaying interior that codifies decadence.
From the Paper "Felski argues that Decadent literature offers "explicitly feminized male protagonists, who are identified with love of artifice, excess, and everything unnatural." This is certainly true in the case of Dorian Gray. She also mentions the "association of femininity with ornamentation and detail in Western culture." Both Dorian and Tadzio's clothing is described with much attention to the detail and adornments of the garments. Wilde's novel regards the protagonist's cultivation of sense experience, passion and sensation in the pursuit of beauty. Dorian studies exotic perfumes, collects musical instruments and precious stones, and once attended a masquerade ball wearing a costume covered with 560 pearls."
Abstract This paper analyzes Machiavelli's notions of a good leader, which are based on his strength, cunning and intelligence -- and not on his notions of justice or commitment to kindness. The paper contrasts these ideas, which are codified in Machiavelli's book "The Prince", with those of Plato and Thomas More, which were upbeat and idealistic.
From the Paper "To Machiavelli, a stark realist, Plato and Thomas More's upbeat idealism is a misguided attempt to credit the human race with more than they could ever achieve. The reality of it is, and Machiavelli saw this, that while Plato's writings may affect some people, and may change the thinking of small groups, it will never affect the masses so much as to cause change. Even in the time of Plato or Machiavelli there were just too many people set in their ways to hope to create a just society free of the corruption of at least one man. Machiavelli got it right when he said, "For he who wants to be a good man all the time will be ruined among so many who are not good" (Thompson 281). Based on how we live, and how we have lived for so long, anyone attempting to implement an idealistic society is doomed to fail at the hands of those who do not share his ideals."
An exploration of the theory of trademark dilution, focusing primarily on the impact it has had on plain vanilla trademark law, as well as on potential dilutors.
Abstract This paper reviews trademark law in general, the development of trademark dilution and its codification within the US Federal code via the FTDA. The focus of this paper lies on the ramifications of the FTDA on trademark law itself, as well as on the economic ramifications such protection may have on potential dilutors in the future.
Contents:
The Situation
Trademarks: A Brief Explanation
Trademark Dilution: A Theory, Potentially Wrongfully, Codified in State and Federal Statute
The FTDA: Application Leads to Trouble Waters
Victoria's Secret offers Little Resolution
The Aftermath of the Federal Trademark Dilution Act and Victoria's Secret
Conclusion
From the Paper "Developed in the 1920's by Frank I. Schechter, the theory of trademark dilution posits that certain trademarks have such a high value that their use in areas of commerce unrelated to those in which the protected mark is currently being used or might reasonably be used in the future, could serve to "blur" or "tarnish" the identifying capability of the protected mark. Dilution Laws, in turn, first began to appear in various states shortly after Schechter's theory was published.
Yet, the codification of trademark dilution, as specified by Schechter, into statute form may well be the foundation for the deluge of inconsistencies which have come to be associated with the doctrine, and, more specifically, the Federal Trademark Dilution Act."
Abstract This paper provides a background of the problem of elder abuse followed by a review and discussion of the relevant literature. The study uses a retrospective review of adverse patient incident reports in selected Department of Veterans Affairs Medical Centers (VAMCs) and domiciles in the United States. The paper determines what controlling legislation is in place and the associated responsibilities for healthcare practitioners. It notes that the next step involves detecting and substantiating cases of elder abuse when they occur or are suspected of having occurred. The paper further discusses what should be done when abuse has taken place. A summary of the research is provided in the conclusion, where it is noted that virtually all sources suggest the rates of elder abuse are on the increase. However, the definitions of elder abuse have been sufficiently codified in recent years that such incidents can be identified and, when appropriate, reported, investigated and actions can be taken to prevent such abuse in the future.
From the Paper "Today, there are more elderly than ever before, and their numbers are expected to increase as a percentage of the population in the coming years (Litwin & Zoabi, 2004). Based on this increase in numbers of elderly citizens, it is also reasonable to assume that there will be a concomitant increase in the incidence of elder abuse as well. In fact, in recent years, elder abuse by family members has been identified as a growing problem in Western societies (Bergeron & Gray, 2003; Litwin & Zoabi, 2004); however, it is difficult or perhaps even impossible to know whether elder abuse is actually increasing or decreasing because there is a paucity of national prevalence studies (Litwin & Zoabi, 2004; Johnson, 1991; Ebersole & Hess, 1998). The data that is available, though, suggests that the incidence of elder abuse is on the increase, particularly among those aged 75 years and above (Pritchard, 1993). According to the National Elder Abuse Incidence Study, the most accurate national estimate is that a total of 449,924 elderly people, aged 60 years and over, were the victims of abuse and/or neglect in domestic settings alone in 1996 (p. 6). Furthermore, of that number, just 16 percent or so, or approximately 71,987 cases, were actually reported to elder protection agencies (Bergeron & Gray, 2003). This means that across the country, there were approximately 380,000 cases of elder abuse in the home that went unreported - which is not to say undetected - during that year. Moreover, the National Center on Elder Abuse estimated the number of elder abuse cases across the country in all settings to be from 820,000 to 1,860,000 (cited in Ebersole & Hess, 1998). In reality, though, it does not matter whether elder mistreatment is increasing or decreasing because the fact that some elder citizens continue to experience unnecessary suffering is adequate to warrant attention (Johnson, 1991)."
