Marijuana Should Not Be Outlawed Essay Example for Free

Marijuana Should Not Be Outlawed Essay Human laws are based on moral and ethical principles. This applies to almost all existing laws aside from the drug laws. Because of this aspect of the drug laws, much clamor is present as many groups are calling for the legalization of drugs like marijuana. Marijuana and other illegal drugs are not evil but it has gained a negative connotation because of numerous misinterpretations. The prohibition of drugs has also brought about negative effects instead of positive effects. In analysis, legalization may even prove to have more benefits. According to Benson Roe, the professor emeritus and chairman of the Cardiothoracic surgery at the University of California, there is no reason why marijuana, cocaine and heroine would be called poison as these substances have not been proven to have any ill effects on the health of a person. Roe narrated an incident when he was removing destroyed heart valves from a drug user and he got curious and consulted the San Francisco coroner to what extent do illegal drugs cause death. Roe was surprised to find out that the only causes of death coming from drugs come from the very rare cases of overdose and the use of infected intravenous injections. According to the coroner, â€Å"clean, reasonable dosages of heroin, cocaine and marijuana are pathologically harmless† (Roe). It is argued that marijuana causes psychological damage but the truth is no scientific evidence has traced mental illness or psychological damage to the use of marijuana. Marijuana users have been found to exhibit psychological distress after intake of the drug. However, it has been proven that these effects are temporary and will pass away after some time. It has also been argued that the harms brought about by marijuana have been scientifically proven but the Lancet, a British Medical Journal, concluded that based on 30 years worth of research, smoking marijuana is not harmful to health even if it is used in the long-term. Likewise, marijuana use has also been related to brain damage. This was thought to be proven in an earlier study when rhesus monkeys were exposed to marijuana smoke, however, a more reliable study wherein monkeys who were forced to inhale a significant amount of marijuana smoke manifested no brain damage. Anti-drug advocates also argue that marijuana has addictive properties even as evidence points to the direction that marijuana is not addictive. Less than one percent of marijuana smokers smoke marijuana on a daily basis. Majority of the people who smoke marijuana only smoke it occasionally. Some people who wish to stop smoking marijuana have no trouble breaking the habit. Even if a person experiences symptoms from marijuana withdrawal, these are usually mild symptoms (Drug Policy). There is also no reason to classify marijuana as illegal when other substances that have proven to be more addictive and harmful to the health, such as tobacco and alcohol, remain legal. In 2005, the number of deaths that has been associated with marijuana in England and in Wales only totals 19 while tobacco has been associated with 86,500 deaths and alcohol with 6,627 deaths. The number of deaths caused by alcohol and tobacco do not compare to the number of deaths caused by marijuana. Even other drugs which have more notoriety still fall short as heroine and morphine account for only 842 deaths, while cocaine (including crack cocaine) is associated with only 176 deaths (Transform). The use of drugs like marijuana does not affect other people aside from the person ingesting the drug. Technically, a person who uses drugs does not violate the rights of any other person. If a person under the influence of drugs violates the rights of another person or commits a crime, this is the time when he/she should be prosecuted by law. Alcohol remains legal even as drunk people commit heinous and even brutal crimes. The substance is not an excuse for committing a crime and drinking alcohol is not a crime in itself but when a person commits a crime under the influence of alcohol, this is when he/she is prosecuted. The same should apply for the use of drugs (Cussen Block, p. 532). Drugs are not evil per se but it has gained a negative image because of negative propaganda. The media always make use of the phrase â€Å"drug-related† in the presence of a drug in a crime even as the drug has not been indicated as a direct cause of the crime. Usually, the crime is not motivated by the drug. It is usually motivated by another external factor. The media has inadvertently played a role in giving drugs a negative image. This practice has been so common that no one even looks to identify if a crime really is related to drugs (Jackson). The anti-drug lobby also makes use of vague and emotive statements to persuade the people to support their cause (Russell). Even politicians make use of these statements and call for tougher drug laws simply to forward their political careers (Jackson). People interpret these vague and emotive statements differently and this may be identified as a basic element of a black propaganda. In a book entitled Hugs not Drugs: A Drug Abuse Prevention Manual published in the Philippines, the author starts by narrating a story of a studious young girl who got mixed with the wrong set of friends who influenced her to use marijuana. As a result, the young girl dropped out from school and had relationships with men that took advantage of her low self-esteem. After realizing what had happened to her, she decided to undergo rehabilitation. And after a tearful reunion with her parents, she vowed to stay away from drugs. This story is very common and immediately suggests that marijuana caused all the negative things failing to look at other factors which might have caused the girl to behave the way that she did. Additionally, the book indicated that drug use has been directly related with juvenile and even violent crime. However, the book does not cite where the information was taken or what study linked drugs with crime. The book also does not have a clear reference page evidencing that it is not a reliable source. Many critics of drug also make use of violent and obscene images in an attempt to prove that drugs are harmful. Drug prohibition results in too many expenses for the government as the drug laws leads to the incarceration of many non-violent offenders. In 2002, it is estimated that prohibition expenses amounted to $18. 22 billion indicating that â€Å"incarceration is an expensive policy option† (Taylor, Trace Stevens, p. 3-4). Prohibition is not good, in fact, it is even the greatest ally of the drug dealers as drugs are priced very high because they are illegal and not regulated (Jackson, 1998). Legalization will even benefit the general public. Marijuana has been related to crime rate by anti-drug groups but all unbiased studies have pointed to the direction that marijuana does not cause people to do criminal acts. The only crime that marijuana users commit is that they possess the drug (Drug Policy). Additionally, legalization will come with regulation which will eliminate the already minimal number of deaths as a result of drug use. Also, crime rate will decrease because drug prices will be regulated and people would no longer need to resort to crime to be able to buy the drugs. It will also be another source of income for the government as the drug trade will be taxed and the costs of prohibition would be avoided (Roe). No scientific evidence has proven that marijuana is harmful to the health and it also has not been identified as a cause of crime. Because of this information, there is no reason to outlaw marijuana. Legalizing marijuana may even be the better option as it will be a source of income for the government, all the while avoiding the high costs of prohibition. It will also reduce crime rate as well as prevent the incarceration of people that are merely caught possessing drugs. The negative image that drugs have gained is mainly because of negative propaganda.

The Determinants Of Diabetes Health And Social Care Essay

The Determinants Of Diabetes Health And Social Care Essay Diabetes affects over 3 million adults in Australia alone-of which 90% is type 2 (Baricevic, 2007) non-insulin dependent diabetes mellitus (NIDDM-for the sake of this essay diabetes is referring to type 2 NIDDM). There are numerous biological and socioeconomic determinants of the disease which has developed into Australias fastest growing chronic disease. Whilst it is often considered a lifestyle disease (Scobie Samaras, 2009) this is a common misunderstanding with many other contributing factors such as genetics, the environment and economic circumstances. Whilst much research has gone into the management/treatment of diabetes, work on addressing the upstream determinants has begun. Physiotherapists play a vital role in the prevention and treatment of the condition with them often prescribing exercise programs for diabetic patients. Diabetes results from a total or partial insulin deficiency, resulting in hypoglycaemia. This deficiency prevents glucose movement between the blood and cells, creating a build-up of glucose in the bloodstream. As a result of the hypoglycaemia, several key symptoms are present including blurred vision; increased healing times; unexplained weight gain; increased passing of urine; thirstiness; tiredness and dizziness. In 2010 diabetes accounted for 6.6% of Australias total burdens of disease and has been identified as one of the eight national health priorities (AIHW, 2010). Section 1 Hamdy, Goodyear, Horton (2004) contend that there are three key contributing factors to the onset of diabetes. These include genetic predisposition, decreased insulin action and a defect in the pancreatic ÃŽÂ ² cell. However the most well-known biological and behavioural determinants of the condition relate to obesity with the relative risk being 1.8 for an overweight person and a staggering 3.2 for obese people (Marks, Coyne, Pang, 2001). Weight related determinants include obesity (morbid and moderate), sedentary lifestyle, poor diet and low levels of physical activity (Ramlo-Halsted Edelman, 1999). Hamdy, Goodyear Horton (2004) suggest the primary reason for such societal changes leading to the dramatic rises in the rates of both obesity and more so diabetes is urbanisation. They suggest that the recent world-wide urbanisation and increase in technology has created a society where traditional incidental forms of exercise have been alleviated in favour of technology and the advances that it has facilitated. Ethnic groups have particularly been affected by these changes with their traditional forms of life transformed as they too are impacted by globalisation. An example of such a group in Australia is the Indigenous Australians. As with nearly all areas of health, they are severely over represented in the percent suffering from diabetes. __________ Other factors contributing to the onset of the disease include older age, Section 2 Despite these factors being well documented as some of the primary causes of diabetes, Scobie Samaras (2009) argue that these factors accelerate the onset rather than being the primary cause. -biological/behavioural determinants of health Age Genetic background-parental history -groups at particular risk: Elderly People with a family history Certain ethnic groups (eg Aboriginal Australians) Low SES Section 2 (link back in with individual determinants) -Factors such as poverty, poor education, social exclusion, unemployment and lack of or poor quality housing all contribute to health inequalities. -socioeconomic determinants of health PolicyÆ’Â  PA levels in schools, NPAG, education CommunityÆ’Â  access to parks/paths EnvironmentalÆ’Â  safety, access to fresh food SocietalÆ’Â   urbanisation and increase in technology = down incidental exercise EconomicÆ’Â  employment/occupation, income, wealth Section 3 Traditionally treatment of diabetes has focused on the downstream factors, with the focus being at an individual level. Exercise and weight loss are key aspects of the treatment, given that ________. Exercise alone leads to a significant improvement in insulin sensitivity (Misra, et al., 2008). In line with the National Physical Activity Guidelines (Department of Health and Ageing, 2010), it is recommended that individuals participate in at least 30 min of walking 5 days per week. The guidelines highlight four key points for all adults regarding physical activity, with these being particularly important for people with diabetes. They are: Think of movement as an opportunity, not an inconvenience Be active every day in as many ways as you can Put together at least 30 minutes of moderate-intensity physical activity on most, preferably all, days If you can, also enjoy some regular, vigorous activity for extra health and fitness (Department of Health and Ageing, 2010) In conjunction with exercise, a healthy diet is essential for the effective treatment of diabetes (DA Victoria, 2002). This has been proven to have the single greatest natural impact on blood glucose levels; as well as aiding weight loss and decreasing insulin resistance. Foods should not be limited to low GI, with a diet focussed on high protein (such as fish and low fat dairy); high carbohydrates (such as pasta, bread and fruit) and low saturated fat/sugar (Baricevic, 2007). The AIHW (2010) suggests that the most appropriate method of treatment is initially through diet and exercise, progressing only later to medication. Diabetes medication primarily acts to help regulate the blood glucose levels. Given that with this condition insulin is unable to effectively function, it becomes important to have a way to regulate blood sugar. The normal range is 3.5-6 mmol/L prior to meals and 3.5-8mmol/L directly afterwards (DA Victoria, 2002). Glucose management is very important to keep the risk of cardiovascular disease down, and without regulation the person may suffer from hypo/hyperglycemia. That said, Ramlo-Halsted Edelman (1999) point out that the optimal regimen particularly for medication will change for each individual as the condition progresses. There are two different options for medication-tablets or insulin injections. The tablets are taken orally and decrease the release of stored glucose in the liver, keeping blood sugar levels down. In contrast, i nsulin injections come in the form of a needle (syringe) or a pen and are used when the pancreas is unable to produce the required amounts of insulin (Baricevic, 2007). Diabetes, as with many health conditions, requires a multi-disciplinary team for successful treatment and management. Diabetes Management in General Practise (2009) describes the roles of at least eight different team members in the treatment of diabetes. These include: General practitioner Exercise specialist (commonly a physiotherapist) Podiatrist Optometrist Oral health professional Diabetes educator (nurses etc) Dietician Endocrinologist/diabetologist Whilst not all of these health professionals will necessarily be involved in every individuals treatment, the teams cooperation is vital for long-term treatment. To help with individual treatment of diabetes, the Australian Government has established the National Diabetes Services Scheme (NDSS). The program has in excess of 900 000 registered people with diabetes and is continuing to grow. There are several key elements of the scheme with subsidised products and information as well as education. Through this program, there are 2200 outlets which supply discounted products for treatment to the registrants. Whilst treatment is very common, alongside it is an extensive management plan. DA Victoria (2002) describes several aspects to proper management. Aside from being physically active and eating well as previously mentioned, it is preferable for a diabetic to link up with a local support team for help, support and to maintain a positive attitude. Additionally testing blood glucose regularly and medicating appropriately as prescribed is also important. Diabetes Management in General Practise (2009) also emphasises the need to quit smoking (if applicable), have less than two standard drinks per day and ensure BMI (body mass index) in less than 25 to achieve general wellbeing. Hawley Zierath (2008) also outline the importance of minimising the risks and effects of complications. They state that this can be achieved through controlling glycaemia, blood pressure and lipid levels; in conjunction with regular health checks (focussing on eye, kidney and foot problems). Section 4 Prevention of diabetes is an absolute priority especially when over 60% of type 2 cases are preventable. With diabetes being the 7th leading cause of death in Australia (AIHW, 2010), there is no question why the Australian Government has made the condition a national health priority. According to Weeson (2000), upstream treatment by primary health professionals should be the focus of all approaches. These upstream factors include______________. Simple steps can easily help prevent or delay the onset of diabetes (Type 2 Diabetes, 2011) through implementing a healthy lifestyle. Diabetes Australia encourages individuals to maintain a healthy weight, participate in regular physical activity, eat healthy food, manage blood pressure/cholesterol and not smoke, to decrease the onset of the condition (Type 2 Diabetes, 2011). There is a very strong link between physical activity and diabetes as previously mentioned, however it should benoted that participation in a moderate or preferably brisk walking regimen can decrease the incidence of diabetes by 30% (Jeon, Lokken, van Dam, 2007). Furthermore Jeon, Lokken van Dam (2007) describe this strong relationship saying that there is also a link between the amount of physical activity and the reduction of risk-an amazing 58% decrease in the incidence of prediabetes can be achieved through exercise previously stated. Zimmet (2000) emphasises that diabetes cannot be stooped by traditional medical approaches. Given the scale and enormity of the issue, he contends that drastic socioeconomic and cultural status changes are required to make progress. Zimmet (2000) says that international diabetes and public health organisation need to lobby and mobilise politicians and non-government agencies. Through this, the issues causing the pandemic (socioeconomic, behavioural, nutritional and public health) can be addressed. A multi-disciplinary task force is suggested to aid in the reversal of the socioeconomic issues, as Zimmet feels that individuals alone acting to change will not make a big enough difference (Zimmet, 2000). The National Evidence Based Guidelines for the Primary Prevention of Type 2 Diabetes (Colagiuri, Girgis, Gomez, Walker, Colagiuri, ODea, 2009) describe four key areas to creating effective preventative action for diabetes. These include: Having a strong theoretic base for the program Designing the program with clear messages, incorporating a multifaceted approach to deliver these messages Encouraging family involvement Intensive and sustained campaign over a long duration The guidelines also discuss the facets within the broader community that should be targeted for prevention of the condition. One of the central elements to effectively targeting the population is education (Colagiuri, Girgis, Gomez, Walker, Colagiuri, ODea, 2009). Through media, the guidelines propose that the education can change attitudes as well as levels of knowledge. This can have a particularly profound impact on the short term increase in physical activity. This was seen in the Life be in it___________ In terms of prevention for individuals, the guidelines also provided several points specifically targeting those in the risk groups. The guidelines (Colagiuri, Girgis, Gomez, Walker, Colagiuri, ODea, 2009) specify individuals at particular risk as having a score greater than or equal to 15 on the AUSDRISK risk assessment tool. There are three levels of action to prevent the onset of diabetes. Initially lifestyle modifications such as weight management, progressing to pharmacological interventions where necessary and in cases with severe risk bariatric surgery may be considered. Furthering the treatment dietary considerations previously mentioned, in order to prevent diabetes sugar-sweetened drinks have been identified with fast food as items that pose the largest threat of inducing diabetes (Hu, van Dam, Liu , 2001). Fish oil and polyunsaturated fats have also been proven to help with the prevention of the condition. Other -conversion from high risk to low risk lifestyle = moderate style Physiotherapists play a large role particularly in the treatment, but also the prevention of diabetes. Ozdirenc, Kocak Gutekin (2004) highlighted the importance of physiotherapy in the accurate prescription of exercise. They suggested that any exercise prescribed in the interest of decreasing complication with diabetes or preventing it should be undertaken at 65-75% of a persons VOà ¢Ã¢â‚¬Å¡Ã¢â‚¬Å¡ max and emphasised the necessity of a professional in such prescription. According to their study, physical exercise can lead to a significant decrease in physical impairment and provide improvements to functional limitations that the person had suffered. In contrast, they determined that low levels of activity caused a decreased cardio respiratory capacity and hence lessened ability to walk longer distances. These effects of inactivity too have the potential to be improved through the implementation of a physical activity regime (Ozdirenc, Kocak, Gutekin, 2004). Physiotherapists also p lay an important role in the prevention of diabetes through education and public health promotion. At an individual level such professionals can help their clients who are identified as being at risk (of diabetes) to make behavioural modifications to lessen their personal risks. In addition to this, physiotherapists can help their patients with diabetes develop an exercise program to aid in weight loss and improving their future prognosis. At a broader level physiotherapists can be involved in policy development and other awareness campaigns. For example the National Physical Activity Guidelines require experts and other professionals inputs to develop programs with the key elements previously mentioned such as strong theoretical bases. Conclusion -prevention must be a key focus given that -a condition that is highly amenable to primary intervention

EU Competition Law and Economics

EU Competition Law and Economics Discuss the use of terms drawn from economics in the jurisprudence of the European Court of Justice, which relate to the interpretation of Articles 101 and 102 of the Treaty on the Functioning of the European Union. Examine, in particular the role such terms play in the legal argument. This essay will examine the economic theories, both from a classical point of view and neo-classical to determine the underpinnings of competition law. Through the works of Adam Smith regarding monopolies in the Wealth of Nations[1] and John Stuart Mill through his theories on restraints of trade in On Liberty[2] this will demonstrate some economic objectives in pursuing laws regarding competition law. This will be supplanted with the neo-classical theories that have given more reasons through economic terms for laws regarding competition. This will provide a bedrock for an analysis of Articles 101 and 102 of the Treaty on the Functioning of the European Union (TFEU), which have been noted as the two principal Articles dealing with competition law in the European Union (EU).[3] The fundamental reason for having competition law in the EU is to allow for a flourishing free market and to ensure that corporate enterprises do not have undue influence or dominance in the market or even thr ough political influence.[4] This analysis of Articles 101 and 102 of the TFEU through the cases that have come through the Court of Justice of the European Union (CJEU) will be looked at through the prism of the economic theories that have been outlined. By looking at it through that prism, it will allow for a determination in terms of whether the role of the economic terms are brought into the legal arguments. It has been suggested that the lawyers and the economics are co-pilots of the competition law aeroplane[5] and this essay will determine whether that is true by looking at the economic theories and the cases through the EU framework on competition law. Economic Theory and Competition Law Prior to delving into how competition law has adopted economic terms and theories, it is imperative to understand how economics operates vis-Ã  -vis competition law. The classical economic theories, as noted by John Stuart Mill state that it is through competition that the political economy can have a scientific basis through which wages, rent and prices can be regulated. Whilst Mill does not provide a definition on what he meant by competition his theory on what laws surrounding competition could achieve were indicative. Smith took this further in Wealth of Nations when he stated it is the right of every man to enter into competition with any other man insofar as it does not violate the laws of justice and the idea of competition was to ensure that those in business bought dearer and sold for cheaper rather than having a monopoly with the opposite occurring. This theory was noted as a statement of perfect competition. This demonstrates the classical theories that exist but as time as gone on there have been neo-classical theories that give more defined responses. In terms of the neo-classical theories, the USA has seemingly stated that competition law should be interpreted solely through what the theories in economics dictate;[6] however, this is questioned in the EU structures. The competing views in the EU look at the efficiencies as well as other concerns such as the environment and the effect on employment.[7] In terms of taking into account the outcome of having perfect competition, it has been stated that allocative and productive efficiency is achieved which leads to the maximisation of social welfare.[8] In terms of allocative efficiency this is an economic term that means the resources will be allocated to different goods and services but will be divided insofar as it remains privately profitable to do so.[9] The second is that of productive efficiency which means that goods and services in society will be produced at the lowest cost.[10] In this regard, competition is seen as beneficial for the productive efficiency because if monop olies exist then it is likely that they will be high cost producers and they can pass that on to the consumer.[11] A third efficiency has been put forward that explains the need for competition, that being dynamic efficiency which cannot be accurately proved[12] but states that competition allows for products to be developed and created to gain the custom of consumers. This theory, in all but name, had been put forward by Smith when he stated that competition allows for new improvements of art[13] showing that this efficiency has long been spoken of. This has been questioned as monopolies have the money to carry out research[14] and where there are monopolies others will try to intervene to get their custom.[15] On this basis, how the EU and CJEU have dealt with situations where monopolies arise must be examined to determine whether the economic terms have led to the decision that has been made. Article 101 TFEU In terms of Article 101 of the TFEU, this is designed to ensure that restrictive practices are deemed incompatible with the common market. The restrictions that are placed on undertakings, which cover all entities that are involved in business,[16] have been seen to be circumvented for a number of reasons. In the case of Wouters Others v Algemene Raad van de Nederlandse Orde van Advocaten[17]it was held that despite a restriction on the legal profession, it was pursuing a legitimate objective in ensuring proper legal practice and therefore was allowed. It has been noted that this idea of a legitimate objective will stay within the competition law of the EU,[18] however, it is what constitutes a legitimate objective that can have implications for economic terms being used in the CJEU. In terms of a finding a legitimate objective, it has been noted that it is not necessary to look at the economic and non-economic objectives as they often go hand in hand.[19] In cases involving profess ional services such as Wouters and other cases such as Asnef Equifax[20]it was noted that the CJEU took into account the issue of information asymmetry whereby despite the fact that there is a restriction on competition which could increase the cost the consumer, the quality will go up which is especially prevalent in professional services.[21] These decisions tend to go against the productive efficiency in that the cost will go up by allowing increased restriction on trade in professional services, however, the allocative efficiency would be seen to improve as the quality given to the consumer improves. This demonstrates that Article 101 of the TFEU has taken the economic viewpoint into account in ensuring that the Treaty does not act rigidly vis-Ã  -vis competition law. The mechanism of Article 101 has not completely followed the economic arguments and this is seen with cases involving free riders. This was seen in the case of Consten and Grundig v Commission[22]which involved Consten who was to be the exclusive distributor in France of Grundig electrical goods with the effect that free riders, who would wait for Consten to promote the goods before then selling the Grundig electrical goods at a lower price than Consten.[23] The free rider economic system has been allowed in the United States of America in the case of Continental TV v GTE Sylvania[24] on the basis that it was economically sound. However, this was rejected in Consten on the basis that the fundamental objective of the EU plan is to have greater integration within the single market and not just to increase consumer protection and welfare.[25] Indeed, in the more recent case this viewpoint was reaffirmed in the case of GlaxoSmithKline v Commission[26]where the guidance from the EU was co nsidered and it was noted that companies are not allowed to establish private barriers within the single market of the EU.[27] These decisions from the CJEU demonstrate that whilst the economic considerations have to be taken into account, they are secondary to the fundamental aim of the EU project to have ever closer Union[28] and to ensure that there are no private barriers within the single market. To compare this to the co-pilot analogy at the beginning of this essay, these decisions would suggest that the policy makers of the EU are the pilots and the lawyer and economist are mere passengers. It must be noted that Article 101 has a defence mechanism at 101(3) which is primarily based on the economic considerations that have been outlined. This defence is for a defendant to prove but all agreements made are eligible to qualify under Article 101(3) if the requirements are met.[29] The requirements state that technical and economic progress must be improved which links with the dynamic efficiency theory of competition law economics.[30] The other requirements involve not eliminating competition on the market as well as ensuring that consumers receive a fair share of the benefits from the agreement. This ties in with Smiths theory on monopolies and improving the market through competition laws as well as the allocative and productive efficiencies noted in the more neo-classical theories regarding economics and competition law. Indeed, this defence under Article 101(3) has been given a wide interpretation as seen in CECED[31]where the economic efficiencies were central to the judgment in declaring that the environmental benefits had to be looked at in terms of their effect on the consumer.[32] As this defence is couched in terms that are readily identifiable with the economic theories, it demonstrates that the economic terms have a huge role in competition law within the EU. Article 102 TFEU In terms of Article 102 of the TFEU, its whole basis is in economic terms as it is designed to stop dominance and abuse. The use of the term dominance in economics is deemed to be wider than that of a monopoly[33] and is a position of economic strength that prevents effective competition being maintained.[34] This type of dominance goes beyond just a single entity and the CJEU can look at more than one economic enterprise to see whether there is dominance, with what is known as collective dominance.[35] In this regard, the economic term of collective dominance and dominance generally was indicative in the case of Italian Flat Case to show that there was a breach of Article 102.[36] The second economic term alongside dominance in Article 102 is that of abuse, which is where a dominant entity can use its economic strength to obtain more benefits that it would have if it was a smaller entity.[37] The use of economic terms in Article 102 cases can be seen when abuse is discussed. Article 102 makes reference to unfair prices but the CJEU has looked beyond this to see situations where there has been predatory pricing[38] and excessive pricing that look at economic terms in terms of how undertakings with great economic strength may attempt to price their competitors out of the market.[39] This tends to demonstrate that there are some economic terms that are used not only in Article 102 itself but also by the CJEU in its interpretation of the Article. However, this view has not been completely replicated across the spectrum. The use of the economic terms in invoking Article 102 has been seen as haphazard[40] and this can be seen through the cases where there has been some reliance on economic terms such as predatory pricing noted above but there are others where it has been based more on the legal concepts such as where there is commission attached for selling a certain brand.[41] In this regard, when Article 102 is looked at solely it can be seen that it is couched in economic terms such as dominance and others have come in through cases such as predatory pricing but when it is compared to its counterpart, Article 101, the effect of economics on its interpretation has not been as widespread.[42] Accordingly, when it comes to the aeroplane analogy with Article 102 it is very much that the lawyer takes the chief pilots role whereas the economist operates as a co-pilot that attempts to bolster any legal arguments that have been made. Conclusion This essay has examined EU Competition Law to determine whether the role of economics or law is prevailing in its application. The economic theories, both classical and neo-classical, demonstrate that the basis for competition law is allowing a free market to ensure that the consumers are able to receive products at a low price and other individuals are able to compete with the larger firms. In relation to Article 101 it can be seen through the use of legitimate aim and the defence given in Article 101(3) that the economic terms have a great role to play in how the case would be decided by the CJEU. However, as noted with the free rider cases such as Consten it is readily identifiable that the economics will only be taken into account after the fundamental aim of the EU, that being ever closer Union, is dealt with. This shows that the economic terms as well as the legal terms are very much secondary to the fundamental aims of the EU project. When the policy issue is put to one side, it can be seen that the economic terms and the legal terms in deciding a competition law case under Article 101 are co-pilots ensuring that the correct decision is made. In terms of Article 102, the use of economics has not been as prevalent as with Article 101 but this is largely due to the fact that there is a lack of a general theme. Perhaps as the law develops vis-Ã  -vis Article 102, the economic terms will have a greater role to play. Bibliography Legislation Treaty on the Functioning of the European Union Cases Akzo Chemie BV v Commission [1991] ECR I-3395 Asnef Equifax Servicios de Informacion sobre Solvencia y Credito SL v Asociacion de Usuarios de Servicios Bancarios [2006] ECR I-11125 British Airways Plc v Commission [2007] ECR I-2331 CECED [2000] OJ L187/47 Consten and Grundig v Commission [1966] ECR 299 Continental TV v GTE Sylvania (1977) 433 US 36 GlaxoSmithKline v Commission [2009] ECR I-9291 Klaus Hofner Fritz Esler v Macrotron GmbH [1991] ECR I-1979 Matra Hachette v Commission [1994] ECR II-595 PPG Vernante Pennitalia Spa v Commission [1992] ECR II-1403 United Brands Company v Commission [1978] ECR 207 Wouters Others v Algemene Raad van de Nederlandse Orde van Advocaten [2002] ECR I-1577 Books Akman P, The Concept of Abuse in EU Competition Law: Law and Economic Approaches (Bloomsbury 2015) Bork RH, The Antitrust paradox (The Free Press, 1978) Chalmers D, Davies G Monti G, European Union Law (2nd edn, CUP 2010) Jacobs K (ed), Effective Standardization Management in Corporate Settings (IGI Global, 2010) Galbraith, American Capitalism: The Concept of Countervailing Power (Houghton Mifflin, 1952) Huerta de Soto J, The Theory of Dynamic Efficiency (Routledge 2009) Jones A Sufrin B, EU Competition Law: Text, Cases and Materials (6th edn, OUP 2016) Kaczorowska A, European Union Law (Routledge 2008) Kaczorowska-Ireland A, Competition Law in the CARICOM Single Market and Economy (Routledge 2012) Mill JS, On Liberty (Vail-Ballou Press, 2003) Scherer Ross, Industrial Market Structure and Economic Performance (3rd edn, Houghton Mifflin, 1990) Schulze R, An Introduction to European Law (2nd edn, CUP 2015) Schumpter, Capitalism, Socialism and Democracy (Taylor Francis, 1976) Smith A, An Enquiry into the Nature and Causes of the Wealth of Nations (Penguin, 1999) Whish R Bailey D, Competition Law (8th edn, OUP 2015) Articles Apostolakis I, E-Commerce and Free Rider Considerations Under Article 101 TFEU (2016) ECLR 114 Ibanez Colomo P, Market Failures, Transaction Costs and Article 101(1) TFEU Case Law (2012) 37(5) ELR 541 Janssen C Kloosterhuis E, The Wouters Case Law, Special for a Different Reason? (2016) ECLR 335 Lianos I, In Memoriam Keck: The Reformation of the EU Law on the Free Movement of Goods (2015) EL Rev 225 Nowag J, Wouters, When the Condemned Live Longer: A Comment on OTOC and CNG (2014) 36 ECLR 39 ODonoghue R, Defining Legitimate Competition: How to Clarify Pricing Abuses under Article 83 EC (2002) 26 Fordham Intl LJ 83 Posner RA, The Social Costs of Monopoly and Regulation (1975) 83 JPE 807 Ratliff J, Major Events and Policy Issues in EC Competition Law, 2001: Part 1 (2002) ICCLR 6 Stigler G, Perfect Competition, Historically Contemplated (1957) 65(1) J Pol Eco 1 Temple Lang J, Some Aspects of Abuse of a Dominant Position in EC Antitrust Law (1979) 3 Fordham Intl LF 1 Tsoulfidis L, Classical vs Neoclassical Conceptions of Competition (2011) MPRA 1 Vickers J, Concepts of Competition (1995) 47 Oxford Economic Papers 1 Miscellaneous Commission, Notice Guidelines on Vertical Restraints (2010) OJ C130/1 de la Mano M, For the Customers Sake: The Competitive Effects of Efficiencies in European Merger Control (Enterprise Paper No 11, 2002) [1] A Smith, An Enquiry into the Nature and Causes of the Wealth of Nations (Penguin, 1999). [2] JS Mill, On Liberty (Vail-Ballou Press, 2003). [3] D Chalmers, G Davies G Monti, European Union Law (2nd edn, CUP 2010) p. 962. [4] RA Posner, The Social Costs of Monopoly and Regulation (1975) 83 JPE 807. [5] R Whish D Bailey, Competition Law (8th edn, OUP 2015) p. 2. [6] RH Bork, The Antitrust paradox (The Free Press, 1978). [7] I Lianos, In Memoriam Keck: The Reformation of the EU Law on the Free Movement of Goods (2015) EL Rev 225, 244. [8] Scherer Ross, Industrial Market Structure and Economic Performance (3rd edn, Houghton Mifflin, 1990) Ch. 1. [9] R Whish D Bailey, Competition Law (8th edn, OUP 2015) p. 5. [10] M de la Mano, For the Customers Sake: The Competitive Effects of Efficiencies in European Merger Control (Enterprise Paper No 11, 2002) p. 8. [11] J Vickers, Concepts of Competition (1995) 47 Oxford Economic Papers 1. [12] J Huerta de Soto, The Theory of Dynamic Efficiency (Routledge 2009) p. 1-2. [13] Smith (n 1) p. 706. [14] Galbraith, American Capitalism: The Concept of Countervailing Power (Houghton Mifflin, 1952). [15] Schumpter, Capitalism, Socialism and Democracy (Taylor Francis, 1976). [16] A Jones B Sufrin, EU Competition Law: Text, Cases and Materials (6th edn, OUP 2016) p. 116. [17] [2002] ECR I-1577. [18] J Nowag, Wouters, When the Condemned Live Longer: A Comment on OTOC and CNG (2014) 36 ECLR 39. [19] P Ibanez Colomo, Market Failures, Transaction Costs and Article 101(1) TFEU Case Law (2012) 37(5) ELR 541, 560. [20] Asnef Equifax Servicios de Informacion sobre Solvencia y Credito SL v Asociacion de Usuarios de Servicios Bancarios [2006] ECR I-11125. [21] C Janssen E Kloosterhuis, The Wouters Case Law, Special for a Different Reason? (2016) ECLR 335, 337. [22] [1966] ECR 299. [23] Chalmers (n 3) p. 979. [24] (1977) 433 US 36. [25] I Apostolakis, E-Commerce and Free Rider Considerations Under Article 101 TFEU (2016) ECLR 114, 116. [26] [2009] ECR I-9291. [27] Commission, Notice Guidelines on Vertical Restraints (2010) OJ C130/1. [28] A Kaczorowska, European Union Law (Routledge 2008) p. 86. [29] Matra Hachette v Commission [1994] ECR II-595. [30] R Schulze, An Introduction to European Law (2nd edn, CUP 2015) p. 318. [31] [2000] OJ L187/47. [32] J Ratliff, Major Events and Policy Issues in EC Competition Law, 2001: Part 1 (2002) ICCLR 6. [33] Klaus Hofner Fritz Esler v Macrotron GmbH [1991] ECR I-1979. [34] United Brands Company v Commission [1978] ECR 207, para. 65. [35] A Kaczorowska-Ireland, Competition Law in the CARICOM Single Market and Economy (Routledge 2012) p. 170. [36] PPG Vernante Pennitalia Spa v Commission [1992] ECR II-1403. [37] J Temple Lang, Some Aspects of Abuse of a Dominant Position in EC Antitrust Law (1979) 3 Fordham Intl LF 1, 9. [38] Akzo Chemie BV v Commission [1991] ECR I-3395. [39] P Akman, The Concept of Abuse in EU Competition Law: Law and Economic Approaches (Bloomsbury 2015) p. 188. [40] R ODonoghue, Defining Legitimate Competition: How to Clarify Pricing Abuses under Article 83 EC (2002) 26 Fordham Intl LJ 83. [41] British Airways Plc v Commission [2007] ECR I-2331. [42] Chalmers (n 3) p.1007.

Racial Beauty Standards In The Bluest Eye Essay -- Toni Morrison

In Toni Morrison's The Bluest Eye, the character Claudia struggles with a beauty standard that harms her sense of self-esteem. Claudia tries to make sense of why the beauty standard does not include black girls. The beauty standard determines that blonde-haired blue-eyed white girls are the image of beauty and therefore they are worthy of not only attention, but are considered valuable to American culture of the 1940s. Thus, learning she has no value or beauty as a black girl, Claudia destroys her white doll in an attempt to understand why white girls are beautiful and subsequently worthy, socially superior members of society. In destroying the doll, Claudia attempts to destroy the beauty standard that works to make her feel socially inferior and ugly because of her skin color. Consequently, Claudia's destruction of the doll works to show how the beauty standard was created to keep black females from feeling valuable by producing a sense of self-hate in black females. The racia l loathing created within black women keeps them as passive objects and, ultimately, leads black women, specifically Pecola, to destroy themselves because they cannot attain the blue eyes of the white beauty standard. Claudia tries to resist loving white girls that her sister, Frieda, and friend, Pecola, admires for their beautiful featuresÂâ€" blonde hair and blue eyes. Claudia does not believe that Frieda and Pecola should admire girls who do not look like them physically. Unable to convince Frieda and Pecola that white girls are not the only standard of beauty, Claudia begins to have intense feelings of resentment and anger toward the white beauty standard: "I couldn't join them in their adoration because I hated Shirley. Not because she was... ...g" that she does not really care for white features and/or white girls but she must pretend to have the same feelings and admiration for whiteness. So why must Claudia pretend to like white girls? Claudia learns it is easier to love the white beauty standard than to fight it because everyone even black women believe in white as the only source of beauty. She cannot fight the whole cultureÂâ€"the media, her sister, her friends, her community and the white community. So Claudia must "convert from pristine sadism to fabricated hatred, to fraudulent love (Morrison 23)." She must fake her love for whiteness in order to survive in the culture; she must learn to hate her self to survive and treat herself as invisible object, rather than the socially recognized white girl. Works Cited Morrison, Toni. The Bluest Eye. Afterward by Toni Morrison. New York: Penguin, 1994.

Lead Systems Eng :: essays research papers

20th Century Genius I selected Carl Jung at the beginning of this course because I had done some general research on a few of the people that were on the list, which was supplied in our course module. When I came to Carl Jung I found that he was born in Switzerland just north of Geneva. At the time I was living in Geneva, and I felt it would be interesting to do research on someone who was from Switzerland. What I leaned about Carl Jung was fascinating, although there is so much more to lean about this individual and also his area of genius. Many of the concepts certainly would take more advanced study and research. However, I believe he is a good candidate for 20th century genius and he deserves that distinction. Carl Jung, pronounced (Carl Young), is an intellectual genius and his field of genius is in the science of psychology. The science or field of psychology is truly left to those with intellectual prowess, however, from what I have learned about this man, is that he is not only a participant of this field, but he also has shaped and made significant contribution to this, the science of psychology. I believe it takes a genius no less to study psychology, but even more so to shape and lead in this field. Psychology is such a difficult, complex and advanced study because the human mind, emotions and human behavior is so very complex. The word, †Complex† is interesting because it was Carl Jung who coined that term in a book he published titled, â€Å"Studies in word association†, but more on that later. Psychologists have little more than their intellect as tools to rely on. What is interesting about Carl Jung is that part of his life falls along the fringe of our studies over the past five weeks. For example, he was born in Switzerland and his father was a protestant priest. We also learned that Switzerland is where Calvinism really took hold. These things, the birth of Protestant and Calvinism began as a result of the Reformation, which we learned earlier in our studies. Also, one of his theories about the unconscious falls on the fringe of our recent studies in art. So, to study Carl Jung I felt really tied in nicely with our study of Humanities. First, a little background on Carl Jung.

‘Explore the ways that writers present strong feelings to interest the reader or audience’

Various techniques are used by writers to present strong feelings which evoke emotion from the reader or audience. Literary techniques are used in great lengths to both emphasise strong feelings in a literary piece and to also evoke strong feelings from an audience. The techniques embody language, structure and form. The experimentation of structure and poetic techniques used by writers create strong feelings within both the contemporary and present audience, ensuring audiences were and always will be interested in the literary piece.In the prologue of the play ‘Romeo and Juliet’ the audience learn that two dignified households in the city of Verona hold an ‘’ancient grudge’’ towards each other, which remains a source of the violent conflict which is central to the play. It can be suggested that hatred has grown stronger over a long period of time. Similarly, the structure of the poem undermined traditional Elizabethan sonnets which were tradit ionally love poems. Shakespeare’s, however, changed this form to show hatred, violence, conflict and death to foreshadow the ending of ‘Romeo and Juliet’.An Elizabethan audience would have recognised this, creating a feeling of excitement and curiosity within them. Likewise in ‘sonnet 43’ Browning has also undermined the traditional form of a sonnet to create religious imagery to describe her lover. Browning’s sonnet discusses and compares her strong feelings for her lover and as her description develops she illustrates that she loves him with the emotions of an entire life from childhood right through to death. ‘’I love thee with the breath, smiles, tears, of all my life!– And, if God choose, I shall love thee better after death’’. She worships her lover with all her heart and respects him much more than she does her religion. He touches all aspects of her life and gives meaning to her whole existence. The au dience would be shocked as during the Victorian era religion was paramount in the lives of the people. However, it is not just love for one person that is described but the feeling of love itself. Similarly, as Romeo and Juliet become innocent victims of an atrocious ‘‘strife’’ between their families when they ‘’take their lives’’.Considerably, the poet evokes strong feelings towards the emotion of love when Browning is describing the intensity of religion and the link between death and love, as Shakespeare does when he links the idea of love and death in the prologue, allowing both the audience and the reader to openly question the content without profanity. In the play ‘Romeo and Juliet’ segregated from society is a dominant feeling and a reoccurring theme. Romeo and Juliet go to extreme lengths to preserve their love together.They did this as according to Elizabethan society it was nor their ‘Fate’ nor ‘Destiny’ to ever be together. Therefore by choosing to be together consequences to them both mocking society. Juliet was Romeos second love which is ironic and therefore mocks society because Elizabethans believed in fate and destiny and that you could only ever love one person. If you loved again you weren’t really in love or you previous relationship wasn’t love but lust. Romeo’s feelings power his actions contradicting the Elizabethan norm which would undoubtedly evoke strong feelings such as disgust and shock from the audience.Alternatively in the poem ‘My last duchess’ the writer evokes strong feelings from the reader by focusing on the dominance and control of the Duke towards his wife. The audience in this case is this the ambassador acting on behalf of Ferdinand referred to in the poem as ‘The Count, your master’ but in reality it is the reader. This makes the reader feel rebellious as they are ‘eavesdroppin g’ on an interesting conversation. This completely contrasts to Romeos relationship with Juliet. They respect and accept each other as equals whereas the Duke doesn’t respect his wife or even acknowledge her.The duke refers to his wife, not by her name, by ‘she’. A contemporary reader would accept this as men were the dominant spouse. ‘’Half flushed that dies along the throat’’. This is ironic as it is said that the duke killed or had his wife killed, we could interpret that he beheaded or had her beheaded. This would surprise the reader as the duke earlier in the poem he compliments his wife, calling her a ‘wonder’. Although his words and actions are brutal the duke would have been accepted by society as men were believed to be higher than women.Romeo and Juliet’s love was not accepted by an Elizabethan society but they choose to ignore their friends and family, therefore appalling their audiences and mocking their entire beliefs. In the play Romeo and Juliet confusion, doubt and uncertainty are common emotions. During the balcony scene Juliet is speaking her mind unaware that Romeo had been listening. ‘’Be sworn my love, and I shall no longer be a Capulet’’. She would disown her family to be with Romeo, someone whom she had just met. This would have stunned an Elizabethan audience as she came from a rich, well respected family.There is more confusion when Juliet’s feelings change, ‘’ it is too rash, too unadvised, too sudden’’. Shakespeare uses the ‘rule of three’ to emphasise on the word ‘too’. He does this to show how strong Juliet’s doubt towards Romeo is. An Elizabethan audience would be confused as to how she could change her mind as they believed in love at first sight and this was going against that belief. Shakespeare mocks his entire society though his characters by showing them that fate and destiny is not written in the stars but is decided by you.Equally, in the poem ‘The Laboratory’ there is a lot of confusion between the character and the reader. The woman in the poem is searching for the perfect poison to commit a murder. She cannot seem to decide what poison she would like and is distracted by the â€Å"exquisite blue† colours of the poisons. ‘’Yonder soft phial†¦ sure to taste sweetly, – is that poison too? ’’. Her actions are very child-like and due to her frequent change of mind the reader will begin to doubt her motive and seriousness.The reader feels confused at her motives and could assume the poem is comic and not serious. By using a question mark, the poet emphasises the protagonists confused mind. This confusion is further highlighted by the â€Å"-â€Å"which separates the question from the rest of the stanza and draws it to the attention of the reader. Clearly, Shakespeare and Mr and Mrs Browning all convey strong emotion to the audience and readers whether it is through language, structure or form. This is one of the main reasons why their literature has lasted and is greatly treasured.

Individual Assignments from the Readings Essay

2- Define the distinctions between primary, secondary, and tertiary sources in a secondary search Primary source as stated is original data. Primary source is based in facts from the time period involved and have not been filtered through interpretation or evaluation. Therefore, primary sources is considerate the root of original materials on which other research is based, the first formal appearance of results in physical, print or electronic format. Primary sources present original ideas and thoughts, report a discovery, or conduct new information. Secondary sources are considerer less important than primary sources. Secondary Resources are material written after the fact that provides point of views of hindsight. The fact is that are interpretations and evaluations coming of primary sources. Secondary sources are not original materials, but rather opinions on and discussion of evidence in such information. According with the text, secondary search is easy to interpret as a tertiary source as well. Tertiary sources conduct an analysis of material which is a distillation and compilation of primary and secondary sources. Generally, consist in a summary of information provided with own point of view of such materials 3- What problems of secondary data quality must researchers face? How can they deal with them? The fact is that in some cases is vital to aware of the problems that can arise with secondary research so if it is that case the researcher will be able to work with these problems. Secondary search is in many cases the only material that a researcher can find on certain information; therefore, for a researcher this issue can have further problems and consequences putting together a new project as well. The problems of secondary data quality that a researcher must face is; â€Å"verifying and determining the value of the secondary sources the researcher would like to use† (Cooper & Schindler, 2006). Researchers who use secondary sources must make their best efforts to verify the accuracy of the information. On the other, hand, is a fact that all sources need to be cited appropriately in a paper, even if they are only secondary in nature. For example, a researcher who cites an article about a political event should dig further to verify the information. To do this they may need to get primary source data of the politic event. It may not be the primary data to verify secondary data in research, but every effort must be made in order to prove the credibility of the sources being used in any research effectively. Chapter: 7 Discussion Questions 1- How does qualitative research differ from quantitative research? Generally, can be some researchers who feel that one is better than the other. A major difference between the two is that qualitative research is inductive and quantitative research is deductive. Quantitative research differs on numbers or quantities. Quantitative studies have results that are based on numeric analysis and statistics. In many cases, these studies have many participants. Perhaps is not abnormal that has there to be over a thousand people in a quantitative research study. It is good to have a large number of participants because this gives analysis more statistical accurately. Qualitative research studies are based on differences in quality, rather than differences in quantity. Results are in words or pictures rather than numbers. Qualitative studies usually have fewer participants than quantitative studies because the depth of the data collection does not allow for large numbers of participants. It important to remark that both, quantitative and qualitative studies have strengths and weaknesses, a particular strength of quantitative research is that statistical analysis allows for generalization to others. The goal of quantitative research is to choose a sample that closely resembles the population. Qualitative research does not seek to choose samples that are representative of populations and this make a considerable difference in both. 2- How do data from qualitative research differ from data in quantitative research? Data from qualitative research and quantitative research differs in many ways. When conducting research there will be a time when you have to decide between the use of qualitative and quantitative research. Understanding the differences in data that is gathered from these resources will help you decide what type of research you will need to use. â€Å"Material subtracted from qualitative research can contain different uses because the researcher can use as many knowledge as searcher can during research to adjust the data extracted from the next participant† (Cooper & Schindler, 2006, Ch. 8). Although, this event influences the details of the data obtained by the research effectively, allowing data and research to condense through obtained information properly. In quantitative research identical data is â€Å"desired from all participants, so evolution of methodology is not acceptable† (Cooper & Schindler, 2006, Ch. 8). Quantitative requires specific data to be retrieved at all time, and qualitative research allows for change. This difference also impacts the way that data from these research methods will be interpreted and analyzed. 5- Assume you are a manufacturer of small kitchen electrics, like Hamilton Beach/Proctor Silex, and you want to determine if some innovative designs with unusual shapes colors developed for the European market could be successful marketed in the U.S. market. What qualitative research would you recommend, and why? For this event, is good idea to suggest a focus group so doing that may collect information from a wide variety of participants regarding specific question (Henderson, 2009). Is important that to be sure that it has a good cross-section of people to be in the group and that their observations are honest and not biased in any way. This task may be difficult, but necessary to give it an honest try. In addition, by affirming theories to compile trough what people say and do, qualitative research is not based accusing of imposing theories upon participants. Is therefore, by maintaining detailed records of what its said and of what happens qualitative research does not limit the complexity of social life to anybody can manipulated equations. â€Å"Rather than skating on the surface of everyday life, its close contact and detailed recording allows the research to glimpse beneath the polished rhetoric, or the plausible deceits; it is able to take more time to focus upon the smaller yet powerful processes which other methods gloss over or ignore† (Schostak, 2009). In addition References University Libraries, University of Maryland (2010) Primary, Secondary and Tertiary Sources, retrieved from: http://www.lib.umd.edu/guides/primary-sources.html#tertiary on January 20, 2013 Cooper, D. R., & Schindler, P. S. (2006). Business Research Methods (th ed.). New York, NY: McGraw-Hill retrieved on January 20, 2013 Henderson, N. (2009) Managing Moderator Stress: Take a Deep Breath. You Can Do This!. Marketing Research, Vol. 21 Issue 1, p28-29. Schostak, J.F. (2002) Understanding Designing and Conducting Qualitative Research in Education Framing the Project Open University Press Ganty, S. (2010) Problems with Secondary Data Research and How to Deal with It from: http://www.associatedcontent.com/article/5771198/problems_with_secondary_data_research_pg2.html?cat=3 Retrieved on January 20, 2013