Tuesday, February 25, 2020

Debate the pro' and cons of death penalty Essay

Debate the pro' and cons of death penalty - Essay Example Usage of powerful killing drugs has been now put to use for the extermination of criminals sentenced to capital punishment. There was a time when this noble profession of medicine was used only for the purpose to serve mankind and heal. But now it has taken a new turn and physicians are being turned into executioners with the different techniques evolving for capital punishment. There has been an instant where there has been an excellent example given, the case of the Abu Ghuraib who was the alleged man behind the 9/11 attacks being held prisoner in Guantanamo bay prison where he was tortured by physicians and also that physicians are used for torture prisoners often. Dr. David Waisel, a physician participation in capital punishment proceeding (Mayo Clin Proc.2007; 82(9): 1073-1080), described this in terms of saying that what physicians consider dehumanizing the condemned through torture during execution process. They dehumanize themselves and grow numb to the idea of death and kill ing. John Bright (1811-1899), a British Quaker and member of Parliament, put it thus in 1868 "that it is actually the law of capital punishment tends to destroy the fact that reverence for life finishes". There was thing heading under which the basic idea strewn together was that United States does not permit execution of children. Here the idea that is being projected was that United States has allowed the execution of children. In the biological sense, teenagers are considered as children but the law states that children above the age of 14 are considered as adolescents and are vulnerable to commit capital offense therefore they are also candidates who, if commit crime can be taken care off using capital punishment which the adults get. Considering another heading which state that the barbarism is being disguised as an act of benevolence referring to the physicians being involved and taking up the role of that their respective field doesn't allow. It also discusses the idea that this capital punishment which has now been slowly converting physicians to mere executioners by making them to take potent medicines. A medicine which was at one time meant to cure people is now being used against them. This whole act by physicians is called barbaric and also that this mal practice of medicine is considered to be hypocritical to the oath of medicine and physicians. Saving lives isn't the deed but taking has been nowadays. Instead of easing pain the condemned go through torture and succumb to the ultimate, death. Here Dr David Waisel argues, as to why not make death easier for the condemned using medicine and not increase sufferings. It's the final act of benevolence that could be acted out even if it for the sinner. Article 2 Cathleen Kaveny (2008). Justice or Vengeance: IS THE DEATH PENALTY CRUEL & UNUSUAL February 15, 2008. Commonweal. In this article the author throws light on the very delicate issue of taking the decision as to what lengths should a capital punishment or death penalties go and yet not touch the boundaries of

Saturday, February 8, 2020

Haircare Limited Case Study Example | Topics and Well Written Essays - 2000 words

Haircare Limited - Case Study Example They include both present and future expected losses." (Cornell Law School) The torts may be classified as specific torts pertaining to trespass, assault, battery, negligence, products liability and intentional infliction of emotional distress. In the instant case study of Hair Care Limited this paper envisages analyzing the legal position with respect to the claim for damages by Joan, the claimant against the Hair colorant manufacturers Hair Care Limited and Barber, the proprietor of a hair dressing salon for the personal injury suffered by her by using the colourant manufactured by Hair Care Limited. The paper also discusses the liability of the hair dresser Barber towards compensating Joan for her injury and suffering. The instant case is because of the negligence of Barber, the hairdresser to advise the beautician or the customer about the potential danger of the usage of the colourant and the requirement that a patch test is to be conducted before use. Although, he was having knowledge of the potential injury he didn't care to advise the people concerned. Hence it is a case to be claimed by the plaintiff Joan under Tort arising out of negligence. The following is the discussion on some of the issues concerned with negligence and tort. Negligence is the most important tort in terms of cases and mon... Negligence may be defined as breach of a legal duty to take care, resulting in damage undesired by defendant to the plaintiff. Tortuous liability arises from the breach of the duty primarily fixed by law. Such duty is to care. In order to have negligence there: Must be a duty of care Breach of that duty Result in damage Breach of a Duty: "In many cases no duty of care has to be investigated because they are obvious. The question is therefore: is there s a breach of that duty. It is obviously a question of standards. The idea of reasonableness is linked with how people react." ("Jus" d'orange) Blyth v Birmingham Waterworks 1856: Negligence is the omission to do something which the reasonable man would do or not do something which the reasonable man would not do. Other factors in accessing that reasonable care are: Probability of the thing occurring Seriousness of the event at risk if it did happen Practicality and precautions Consideration of the social value of the defendant's activities Product Liability and Manufacturing Risks: A manufacturing defect will attract liability. In Grant v. Australian Knitting Mills (1935) Manufacturer of underwear out of wool. One of the products to clean wool is sulfate. Through an error, the garment bought by plaintiff was not washed off from sulfate. He was sensitive & washed them but not sufficient which resulted in huge dermatological reaction which almost killed him. Proceedings were brought against both the seller and the manufacturer. The manufacturer's defense was that it was the first instance they ever had any complaint and hence they should not be blamed. On the contrary they were really careful. The Privy Council said: one explanation is that an employee was negligent then it