Ethical Issues with Hacking - 1120 Words

Ethical Issues in the Workplace due to Hacking Statement of the Issue There is a new crime on the verge of being on America s top ten crimes list, computer hacking. Computer hacking is the practice of unlawfully gaining access to and sometimes tampering with information in a computer system. Since the cyber age, the use of computers has slowing integrated into most of society s everyday life and since then new crimes have emerged as a result of this age. The access of information readily available at the click of a button, can be very enticing to unlawfully acquire, but the companies who hold this important information has a duty to keep all files and information safeguarded. As a result of the cyber age, no longer are there just†¦show more content†¦Stakeholder s must know what is at stake when information is compromised. î€Å' Upon being hired an employee must know their company s policy regarding information that can be disclosed. An employee has the duty to take actions based on ethical standards that must be known and recognized by all who are involved. â€Å"In Maryland, accessing and telling the world about another person s personal information is an invasion of privacy that may make the hacker liable for money damages to the victim.† (Lawyers.com, 2013) î€Å' You, an employee, a hacker and the company has the duty to respect privacy of information and action. â€Å"A person who violates subsection (c)(1) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.† (2010 Maryland Code CRIMINAL LAW. TITLE 7, section 7-302) î€Å' Other customers of that company may feel their privacy information and action should be respected by others. The other customers feel like the customer has a duty to them to uphold their privacy and not share it with third parties or other people they did not give permission. Bottom line is that companies have the same problems with theft of intellectual property and personal information just as much as everyone else, but we expect more from them to keep their customer s information secure.Show MoreRelatedCorporate Ethical Issues and Ensuing Influence-Case Study of Murdochs Phone Hacking Scandal2819 Words   |  12 PagesCorporate Ethical Issues and Ensuing influence-Case study of Murdochs phone hacking scandal 1. Research Background The business ethics refers to the ethics of enterprise operation. Not only for the enterprises, all organizations related to business are supposed to have ethical issues. As long as the groups of people are having business activities,there are always exist ethical issues in essence(Drucker,1981,pp66). A moral enterprise should pay attention to the human nature,avoid conflict and frictionRead MoreEthical Ethics And Ethical Hacking968 Words   |  4 Pagesdevelopments and issues that have arisen in regards to the internet. One development and issue is ethical hacking. To understand ethical hacking one must be able to define what it means to be a hacker. â€Å"A hacker is an individual who intends to gain unauthorized access to a computer system† (Laudon Traver, 2015). Oxford Dictionaries defines an ethical hacker as â€Å"a person who hacks into a computer network in order to test or evaluate its security, rather than with malicious or criminal intent† (Ethical HackerRe ad MoreCybercrime And Internet Hacking And Its Effect On The Security Of The Internet1386 Words   |  6 Pagesinternet hacking has been an ongoing issue in contemporary life. â€Å"Internet hacking is the practice of modifying or altering computer software and hardware to accomplish a goal considered to be outside of the creator’s original objective.† (Merriam-Webster). Any individual, business, or even government with a computer is not safe from these computer criminals. So, the main question is: How do we fix this cybercrime that does millions of dollars in damage, and should we implement â€Å"ethical hacking† to improveRead MoreEthical Hacking1028 Words   |  5 Pagesinformation systems; it seems that the Ethical Hacking is a better way. Therefore, whether to teach or not teach the Ethical Hacking as a course in Tertiary education has become an interesting argument. In this article will analysis the ethical, legal, and ethical implications of this issue. In order to discuss the ethical, legal, and social implications of this issue, one has to understand the definition of Ethical Hacking. The Word Spy states that Ethical hacking is a computer hacker who attemptsRead MoreHacking And Its Effect On Human Behavior Essay1608 Words   |  7 PagesHacking in computer networking is the desire to manipulate the normal behaviour of a network connection or a connected system, a hacker is the person who is instigating the hack. In today’s society, we generally refer to any malicious programming attack over the internet or a network to be hacking. Hacking originated between the 1950s and 60s by M.I.T engineers, they originally were meant for learning and experiment purposes and usually took place at the ‘model train club’. However, these attacksRead MoreEthics : Ethical Hacking Gaining Access1695 Words   |  7 PagesEthical Hacking Gaining Access Name Institution  Ethical Hacking Gaining Access Introduction Ethical hacking is the testing of access to a system, also known as white hacking. The process entails similar tools, methods, and techniques that most hackers employ though with a legal aspect to it. The goal of hacking is done with the permission of the intended target with a goal to show varied areas of weaknesses from the hacker’s perspective. It is part of information risk management allowingRead MoreHacking As A Common Act And Scandal Essay1413 Words   |  6 PagesHacking has been perceived as a common act and scandal in news reporting. It involves widely accepted and ongoing controversy despite it reveals a variety of stories that are important and are behind the artificial facts. In the case of hacking in Dirty Politics, excerpts from private emails had been hacked from blogger Cameron Slater’s computer, which revealed some secrets and secret deals between Slater and some politicians in New Zealand. It therefore let the public know how Slater obtained andRead MoreNetwork Infrastructure Attacks Against Network Infrastructures Essay1227 Words   |  5 PagesSometimes, resolving much vulnerability may harm the system. For example, dealing with the vulnerabilities like a weak SQL server administrator password, a Windows OS configuration, and a server hosted on a wireless network might not be a major security issue separately. But, resolving all vulnerabilities simultaneously can prove to be dangerous for computer system. Non technical attack: Exploits that involve manipulating people- end users and even yourself are the greatest vulnerability within any computerRead MoreEthics Of Electronic Search And Seizure Essay1521 Words   |  7 Pagesand ethics of the amendment to Rule 41 (Search and Seizure) of the federal rules of criminal procedure (FRCP). The ethical theory used to analyze the amendment to rule 41 of the FRCP is act utilitarianism (based off of the ‘greatest happiness principle’) which states that an action is considered moral if its benefits exceeds the harms to the affected parties. With the use of this ethical theory of act utilitarianism, it will be demonstrated that the amendment to to Rule 41 pertaining to electronic remoteRead MoreChallenges Faced By Computer Network Security1501 Words   |  7 Pagesenvironment, data privacy, integrity and availability is secured. This requires us to take preventive measures to ensure safety of the network. In order to solve this problem, people mainly re search in the field of authentication, data encryption, hacking, firewall and network management. Concept of computer network security The computer network security has mainly two aspects: physical security and logic security. The physical security system means that equipment and related facilities are protected

Trade Law Problem Question Answer - Free Essay Example

Sample details Pages: 6 Words: 1671 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Essay any type Level High school Did you like this example? Element 1 1.1 a) Section 9 (Fair Trading Act of 1986) applies to a given truth circumstance. Act to preclude certain behavior and practices in exchange, to accommodate the revelation of customer data identifying with the supply of products and administrations and to push item wellbeing. Segment 13 make a false or deceiving representation that merchandise are of a specific kind, standard, quality, grade, amount, creation, style, or show, or have had a specific history or specific past utilization; or Segment 27 False Consumer data the revelation of data identifying with the kind, grade, amount, source, execution, mind, structure, substance, outline, development, utilization, value, complete the process of, bundling, advancement, or supply of the products or administrations. b) According to the detailed analysis commercial utilized false representation to advertise their item by saying that guaranteeing that Hi-C held 4 times the vitamin C of oranges. The Commission fi gured out that this case is not genuine. c) In my perspective common cure in this situation could be that the deceiving organization ought to be fined of Nz$200,000 and asked to expel all their items from the business sector as they dont meet the standard and clients were not getting the thing for which they were paying for. Criminal obligation for this situation could be alluded to as the deluding direct in connection to products as the organization had misleaded individuals in setting of their item, quality and aspects. B. a) Section 13 will be appropriate here as it is an instance of a false or misdirecting representation concerning the spot of wellspring of products or administrations. b) As keepsake supplier made a false or deluding representation that bundling of the items says it is made in New Zealand. However the assembling of the items was in China. c) Criminal obligation is the keepsake supplier organization and they need to repay $ 200,000. C. a) Sec tion 19 will be applied in this case study as (Bait advertisement: unfair to the clients). b) Section 19 is applied here because hotel advertisement referred $79 for one night but it is not in reality and Fair Trade Act prohibits false and misleading representation. The advertisement claimed by them was also not true. D. In the given situation segment 13 ought to be relevant which says that false or deluding representation that merchandise are new or they are reconditioned, fabricated or reconditioned ought not be carried out if an individual or organization does that he/she needed to face results. I pick this procurement for this situation as Brown the merchant had duped Alice by supplying him the fake of Genuine Chippendale suite, essentially tan had tricked Alice in light of the fact that tan guaranteed Alice that the suite he is giving is Genuine Chippendale suite yet that was an imitated one. In this Scenario as the individual is included in the case so the indiv idual who had duped will need to pay the fine of Nz$60,000 as the Brown had sold the Reproduced Suite to Alice not the Original one or/and Brown may needed to give the cash for the suite over also. Criminal obligation could be that Brown might be asked to quit doing the business. Element 2 I think in the given situation three Provision might be connected that are Section 6 Guarantee as to worthy quality which implies products supplied to the purchaser ought to be of great quality and if there is any flaw they ought to be supplanted or cash ought to be discounted, Section 7 Meaning of satisfactory quality implies that the great supplied to the customer ought to be of adequate quality and it ought to free from minor absconds and Section 8 Guarantees as to wellness for specific reason which implies that supplier ought to take the assurance so that the merchandise he is supplying will be for the same reason what he told for or what the buyer requested. Procurement picked by me apply in this situation as the new pool purchased by Jeff from Leisure endeavors was having numerous deserts as its channel gear was reconditioned and the water was gradually spilling out from the pool which accordingly had harmed Jeffs trampoline, besides in the commercial it was guaranteed by supplier Leisure undertakings that they will dole out free enclosure furniture with each pool bought. All the things guaranteed by the supplier was not supplied to the fulfillment level of the buyer as he requested the new pool yet was given a reconditioned one, which was spilling too. As per segment 18 customers have the Options against suppliers where products dont follow ensures which imply that customer can take activities if the merchandise supplied to him by the supplier are not up to the fulfillment level of the purchaser. Common solution for the situation might be that customer Jeff can ask the supplier to change the pool as he was being given the old one whose channel was recondit ioned and which was spilling as well, Jeff can additionally approach supplier to pay for the harm which the spilling pool had caused to the trampoline. Element 3 3.1 A a) Section 27 of the Commerce Act 1986 which applies to a given reality circumstance for the Contracts, plans, or seeing considerably decrease rivalry precluded. b) In this case the meat organizations made an assention not to contend with one another by method for uniform costs. As a result, they diminished the opposition. c) The organization need to pay the fine and must be shut as per the choice of the court law. a) Section 29 will apply to the given reality circumstance for the barring contenders b) They cooperated and debilitated to blacklist the property guide. They have restricted contenders from entering into understandings that holds exclusionary procurements which limits rivals from obtaining or supplying merchandise or administrations. C) Yes I concur it right on the grounds that the case is clear and i have effectively examined all the procurement. D a) Section 27 and Section 30 will apply to the given fact situation. b) The bus company disclosed with another company as to the amount of their bid and agreed who should win in the bidding. This is a violation of the Commerce Act. Nobody can disclose the information act because it is unfair. c) The High Court imposed penalties of $380,000 on the offending bus company and $10,000 on its Chief Executive. Yes i agree with the decision as they have breached the law. E a) Section 36 will apply to the given fact situation. Section 36 prohibits a person or business with a substantial degree of market power in a market from taking advantage of their market power to prevent competition either in that market or in any other market. Section 27 this section provides a broad rule that states that no person shall enter into an agreement that contains a provision that substantially lessens competition in a market. b) The above provision will apply to the given fact situation because they are taking the advantage of the market power. The port company had used its dominant position to prevent a rival competing with its own pilot age service. c) A port company was ordered to pay penalties totaling $500,000 after the Court found that the company had breached both section 27 (substantially lessening competition) and section 36. It is fair because the position is very obvious. F In my perspective Section 36 is pertinent for the given situation it states that Taking point of interest of business sector power which implies that if an individual or organization had the extensive measure of force in a business sector ought not attempt to exploit that power and attempt to stop or confine an individual or organization to enter in the business sector or taking out an individual from that or whatever available business sector. I accept that procurements picked by me apply to the given certainty circumstance as the Building protection material organization ruled its position so that no one else can enter in the business as they embraced the 2-for-1 evaluating system for its products they were giving two parcels of protection to the cost of one. They received this method with the goal that no one can enter in the business sector as the majority of the customers will be approaching them as they were giving the protection to an extremely shoddy cost. In the event that I will be the judge of this case I may have done something exceptionally same as the commission knows the punishments and directive to be assumed the gravity or ground or base of the infringement of the law. As the choice of the judge is constantly made by taking a gander at both the finishes and after that characterizing who is at flaw and who is honest. Besides it is against law to receive such sort of approach which drives different contenders to leave the business or not to enter the busine ss sector. b) The above procurement will apply on the grounds that resale value support is restricted under Section 37 and 38 on the grounds that it limits or wipes out rivalry on cost. In the circumstances, deals agent had reveled or endeavored to actuate the bar not to offer packs for$ 15. C) The High Court constrained a punishment of $110,000 in addition to $5,000 costs on the distillery I think its correct and I backing the high court choice. H a) Section 36 restricts an individual or business with a generous level of business sector control in a business sector from taking playing point of their business sector force to avoid rivalry either in that market or in any possible business. Furthermore area 37 is connected for this situation Resale Price Maintenance: Resale value support is precluded under Section 37 and 38 in light of the fact that it confines or wipes out rivalry on cost. b) Because he undermined to bar a retailer from free cloth advancement if markin g down proceeded. c) Yes I concur with the choice .Because he cant put weight on anyone. Reference List à ¢Ã¢â€š ¬Ã¢â‚¬Å" https://www.legislation.govt.nz/act/public/1986/0121/latest/DLM96439.html https://www.legislation.govt.nz/act/public/1993/0091/latest/DLM311053.html?src=qs Don’t waste time! Our writers will create an original "Trade Law Problem Question Answer" essay for you Create order

Sociological Theories and Theorists - 1274 Words

â€Å"Origins of sociological thinking can be traced to the scientific revolution in the late seventeenth and early eighteenth century† (Kendall 11). In this time, great store was put on one’s possession of critical reasoning and experiences. In France the Enlightenment was dominated by a group called philosophes; these men believed that human society could be improved through scientific discoveries (Kendall 11). In France during this time period women were excluded from public life, but some women were able to influence the philosophes by participating in a â€Å"salon† which is much like an open house which encouraged discussion and debates. During these salon’s the men typically viewed the women as someone that was a good listener, or maybe even†¦show more content†¦Weber, Max 1864-1920: He was a German social scientist who was also concerned about the changes brought about by the Industrial Revolution. Max’s significance was considerab le among German scientist. Little of his work was published during his lifetime because most of his work was restricted to scholarly specialist; his work had more of an impact after he died (Biography). He believed that values could not be separated from the research process; he stressed that sociology should be value free, that the researcher should not let his/her personal interest influence the outcome (Kendall 19). Georg Simmel 1858-1918: Georg Simmel is best known for his contribution to sociology and philosophy. He thought the main purpose of sociology should be to examine these social interaction processes within groups (Kendall 20). He concluded that interaction patterns differed between a dyad a social group with two members and a triad a social group with three members; he developed an approach that focuses attention on the recurring social forms called â€Å"Formal Sociology† (Kendall 21). From 1889 to 1909, Georg Simmel fostered the German Sociological Association into existence. However, he lamented that he was seen as a sociologist. Simmel considered sociology as an ancillary field of study to that of philosophy. He became theShow MoreRelatedtheories on crime comparison1138 Words   |  5 Pages Theories on Crime Comparison AJS 542 October 14, 2013 Professor Packer Theories on Crime Comparison Every individual is different from the next. The same goes for crime. Society recognizes the multiple types of crimes that exist in society because of this, theorists identify different levels why these crimes exist. This paper will provide information on sociological theory including the relationship between personality and criminal behavior according to sociological theory. AlsoRead MoreThe Role of Theory in Social Research1613 Words   |  7 PagesThe role of theory in social research is that without a sociological theory, nothing can be sociological. Facts disconnected from theory are just facts. Theory makes the facts speak; the facts don’t and cannot speak for themselves. Without a connection to other facts, we cannot assess anything. With theory, you can relate facts to each other. Theory is the body of interrelated logical concepts or universals that connect to empirical facts and phenomena. Empirical research is okay as long as thereRead MoreCity of God949 Words   |  4 Pagesvaries from that of sociological theorists, I think we can both conclude that this movie is an extreme representation as to what can occur when society shuns away disadvantaged youths to a place that lacks justice as well as ethical and moral responsibilities. Sociological perspectives regarding crime emphasize the interconnections between conformity and deviance in different social contexts (cite). In the following paper I will attempt to analyze three sociological theories and apply their viewsRead MoreTheories on Crime1253 Words   |  5 PagesTheories on Crime: The field of criminology is basically described as the study of crime through which the causes, prevention, and correction of offenses are examined. While this process can be extremely difficult, especially for students, the analysis of the causes of crime is significant to sociology and criminology. The difficulties associated with the study of crime originate from the numerous challenges in developing theories that explain human behavior. In relation to crime, human behaviorRead MoreSociological Theories And The Structural Functional Theory1356 Words   |  6 PagesSociological Theories: Compare and Contrast The Structural-Functional theory definition: Two theorist who were major contributors to the structural functional theory where Herbert Spencer and Robert Merton. Also known as functionalism, it is a framework for building theory that views society as a complex system whose parts work together to promote stability and solidarity. Important concepts in the perspective of functionalism include social structure, social functions, latent functions and manifestRead MoreExamples Of Family Problems1401 Words   |  6 Pageshow they relate to the three sociological paradigms; functionalist theory, conflict theory, and social interaction theory. Functionalist theory attributes family problems to social changes that prevent the family from performing its traditional functions. Conflict theory blames family problems on the strong feelings that being in a family arouses, such as love, pain, and conflict, and that the family provides an outlet for men to exploit women. Symbolic interaction theory focuses on the thoughtlessRead MoreThe I mpact of Sociological Theories in Education1674 Words   |  7 PagesImpact of Sociological Theories in Education Crystal Taylor-Johnson SOC101: Introduction to Sociology Professor Christine Henderson November 22, 2010 Education is the most important part of a person’s life. Without a good education people would struggle in everyday life just to be able to get by. There are three theories that help understand education. Even though most people feel theories are just someone’s opinions, education has many different theories that support it because these theories helpRead MoreScociological1136 Words   |  5 PagesMajor Sociological Paradigms There are three sociological perspectives that shape the structure of society as a whole. Functionalist perspective, symbolic interactionism and conflict theory. Sociologists develop these theories to explain social phenomena. In this essay I will explain the origins and evolution of the three main sociological perspectives and listing the sociologists that made major contributions to these disciplines. â€Å"The functionalist perspective is a sociological approachRead MoreA Study Of Human Social Relationships And Organisations Essay1691 Words   |  7 Pages Bowles and Gintis( 1976)† stated schools are agents for socialistation but only because it helps produce the right kind of workers for a capitalist business(p.147). This would appear to suggest that according to both social theorists there is a connection between education and social inequilty. The educational system helps ypung people to prepare for the ecomnice system. The structure of the education system helps them with displaine and to prepare them to enter the workforce. As regards to my CARead MoreSports Related Violence And Its Effects On Society1482 Words   |  6 Pagesemotionally invested in the team and the players, for their love of the game the fans lose sight of behavior that is socially correct and demonstrate deviant behavior, which put them in a state of anomie. An original work by Durkheim, The Rules of Sociological Method (1895) helps to explain the formation of social groups and how fan based violence occurs. Durkheim claims that Sociology is the study of social facts, the study of a group of people rather than studying the behavior of an individual. He

Comparing Functionism, Marxism, and Social Action Theory...

Sociology is generally made up of three paradigms: Functionalism, Conflict Theory and Symbolic interactionism. A paradigm is a set of assumptions that shape and underlie explanations of why society is the way it is (Early Stratification Theory, internet 2003). Functional Theory is often traced from Durkheim, Parsons and Merton. Functionalists believe in shared norms and values, which are influenced by the Family, Education, church and employment. It sees society as a shaper of people rather than people shaping society. The functionalist says we need social order in which to survive normally. Roles are also important to the functionalist for example the roles in marriage. The†¦show more content†¦Thus, we are socialised in terms of the culture we know. Merton once said We do not exist for ourselves on cooperation. In other words we are here for others we reproduce in order to make the world go round. Social control is one aspect of functionalism; we are kept in line by the mechanisms of social control. Functionalism views society as a living organism such as the human body, the functioning of the human body depends on the heart, brain, lungs and other vital organs if any of these parts fail it would affect the entire body (society). Functionalists believe consensus plays a bigger part in society than conflict. We need guidelines; we need social consciousness for each other. We need rules and regulations or we would have anarchy namely, conflict, dispute, quarrelling and feuding. Which brings me to Marxism. Like functionalism Marx (1818-1883) sees society as a system, they both regard it as structural, the functionalist recognises the family and education and religion as the basis for the structure and Marxism sees society as a structure divided into two major parts, the economic base or infrastructure and the rest of society i.e. the political, legal and educational systems or superstructure. Marx claimed that the infrastructure largely shapes the superstructure. As opposed to functionalism, Marxism believes conflict is the character of society and that

Theory and Practice of the European Convention on Human Rights Assignment Free Essays

string(186) " this case is a suspect of an impending terrorist attack with the use of a bomb will be insufficient when determining whether the actions of the police will fall under Article 3 or not\." Abstract It is vital that all individuals are afforded sufficient protection of their human rights under the European Convention of Human Rights (ECHR). However, much difficulty occurs when such rights are being protected at the expense of national security. Accordingly, whilst it is felt that the protection of the public should prevail on the one hand, it is argued on the other that individual rights should always be upheld. We will write a custom essay sample on Theory and Practice of the European Convention on Human Rights Assignment or any similar topic only for you Order Now Essentially, violations of human rights should only be made in extreme circumstances. Whether suspected terrorism should fall within the ambit of one of these exceptions is arguable, especially when there has been a threat of torture as it will be for the courts to strike a balance between the two competing interests. It will be discussed in this assignment whether the threat of the use of torture is an acceptable practice that is capable of being employed by the police during an interrogation or whether it is actually a violation of the ECHR. Introduction It will be critically discussed whether the interrogation of the suspect and the threat of the use of force will amount to a violation of the suspects rights under the European Convention of Human Rights. In doing so, Article 3 will be given consideration followed by a review as to whether the interests of national security should also be given consideration in light of the fact that there was an impending terrorist attack. European Convention on Human Rights and Torture The European Convention on Human Rights (ECHR) was established in 1950 by the Council of Europe. The main objective of the Convention is to ensure that adequate protection for individual’s human rights and fundamental freedoms is being provided. Ensuing from the Convention was the European Court of Human Rights (ECtHR), which was set up in order to provide individuals with the ability to take their case to court if they felt that their rights were undermined. Article 3 of the ECHR imposes a strict prohibition against torture and â€Å"inhuman or degrading treatment or punishment.† Accordingly, this is one of the strictest Articles that exist under the Convention as there are no available exceptions to it and as is stated in the Convention; the prohibitions are made in the strictest terms irrespective of the victims conduct., Whilst this Article generally applies to any cases involving torture, unjustified deportations and degrading treatment, it is those cases involving police violence and poor detention conditions that frequently seek protection (Kamau, 2006: 15). Article 3 is thus of significant importance in preserving the interests of individuals and States must ensure that such treatment does not occur within their territory. It is questionable how effective Article 3 is in preventing such treatment being inflicted upon individuals, nonetheless, given the many cases that come before the courts. Regardless, the ECtHR will make great attempts to rectify any injustice that occurs, yet they have made clear that the level of torture that is being inflicted must be of such a level so as to enable it to fall within the ambit of Article 3; McCallum v The United Kingdom, Report of 4 May 1989, Series A no. 183, p. 29. It is questionable whether the threat of use of torture by the police in this scenario does actually fall under Article 3 since it cannot be said whether the level of the threat was significant. It is often difficult to determine whether a cause of actions will fall within the ambit of Article 3 since not all treatment that is considered punitive will amount to torture for the purposes of the ECHR. Essentially, the courts have made it clear in numerous cases that the level of seriousness will need to be high in order for their rights under the Convention to be activated. Because of this threshold it has often been extremely difficult for victims to establish their case as demonstrated in the Ireland v The United Kingdom, 18 January 1978, Series A no. 25. Here, it was made clear by the Court of Appeal that the assessment as to what the minimum level shall be will be dependent upon the individual circumstances of the case. Hence, the factors for the court to take into account when determining the seriousness of the treatment include the victims; age, sex, physical and mental effects and health. It was further evidenced by the court in Soering v The United Kingdom, judgement of 7 July 1989, Series A no. 161; â€Å"the severity will depend on all if the circumstances of the case, such as nature and context of the treatment or punishment and the manner and method of its execution.† The determination as to whether treatment or punishment will be deemed to be torture for the purposes of Article 3 may also differ from place to place given that different countries have different perceptions of torture. There has been an attempt to achieve co-operation between States in order to ensure that there is some consistency within this area, yet complexities still arise. In Greek Case, 5 November 1969, YB XII, p. 501, the European Commission of Human Rights noted the following; â€Å"it is plain that there may be treatment to which all of these descriptions apply, for all torture must be inhuman and degrading treatment and inhuman treatment also degrading.† It cannot be said that the suspect in this instance has suffered from inhuman or degrading treatment since he was merely threatened with the use of force if he did not inform the police of the bomb’s location. Article 3 is one of the most important protections that is provided under the Convention as its sole purpose is to â€Å"protect a person’s dignity and physical integrity† (Reidy, 2002: 19). This is why the courts are unable to take into account the victims conduct since individuals should be provided with the ultimate protection against torture. The fact that the victim in this case is a suspect of an impending terrorist attack with the use of a bomb will be insufficient when determining whether the actions of the police will fall under Article 3 or not. You read "Theory and Practice of the European Convention on Human Rights Assignment" in category "Essay examples" Regardless of this, however, the courts will take into account the difficulties associated with the maintenance of national security. Therefore, although the conduct of the victim will not be capable of being considered by the court, the fact that the police were trying to prevent a bomb from exploding will be as the police will be found to have been acting in the interests of national security; Tomais v France, Judgement of 27 August 1992, Series A no. 241. In the case of Ilhan v Turkey the applicant had been severely beaten at the time of his arrest and was refused medical treatment for a significant amount of time. The court found that the victim had been subjected to torture in this instance. Accordingly, it will thus depend upon the type of interrogation the victim suffers, which is unclear from the facts of this case. In Assenov v Bulgaria, Judgement of 28 October 1998, Reports 1998-VIII it was held that as a result of the interrogation the victim suffered from torture even though it was unclear who actually caused the injuries sustained by the victim. Again, this demonstrates that provided that the victim has suffered from serious injuries, it is likely that protection will be afforded under Article 3. This is also exemplified in Rehbock v Slovenia where the use of force was co nsidered unjustifiable on the grounds that the authorities could not provide any valid justification for why the injuries were so serious. If the authorities cannot justify the threat of the use of force, then it is likely that a breach of the ECHR will be found. Arguably, if the injuries sustained by the victim during the course of the interrogation are significant, then this will trigger the protection under Article 3. In deciding whether the conduct of the police will amount to torture, it will first need to be considered what actions will be considered to be of a torturous nature. There have been various definitions as to what torture consists of since it can be applied to a varying degree of situations. Regardless, it is evident that torture occurs in situations where an individual is subjected to â€Å"severe pain and suffering† as provided in the United Nations Convention against Torture. However, it will not be enough in this case to shown that the suspect was subjected to â€Å"severe pain and suffering.† Instead the whole context of the situation will need to be considered. In doing so, a review as to whether the interrogation techniques used by the Police were acceptable will need to be made. Whether this will be easy to determine is unlikely since it is questionable what will amount to acceptable interrogation techniques and as put by Amnesty International (2009: 417); â€Å"Torture and other cruel, inhuman or degrading treatment can never be justified. They are never legal. Even in a state of emergency, there can be no exemption from this obligation and there is no such thing as torture perpetrated in â€Å"good faith† or â€Å"reasonable† circumstances.† Arguably, it is evident that Amnesty International does not agree with interrogation regardless as to the situation. Nevertheless, the suspect may be able to rely on the nemo tenetur seipsum accusare principle which means; â€Å"no man has to accuse himself.† This principle could effectively act as a safeguard by preventing inappropriate methods of interrogation from being used. It could be deemed inappropriate to threaten suspects with the threat of the use of force, yet based on the circumstances this appear unli kely given the impending bomb explosion. This was identified by Chiesa (2009: 2) when he pointed out that; â€Å"the nemo tenetur principle should be understood as a safeguard against the use of unacceptable methods of police interrogation.† It is questionable whether this principle will act as a safeguard, however, since it is very difficult to determine when torture has taken place as â€Å"it is not clear in the present laws† (IBN, 2010: 3). Because of this, there are often what is considered to be ‘borderline’ cases where it is difficult to see if torture has actually occurred. As a result, it cannot be said that Article 3 ECHR does actually protect individuals from torture in every situation. Accordingly, it has been said that the police routinely engage in interrogating behaviour when trying to extract confessions from individuals, yet this is generally not considered to amount to torture (Chair, 2004: 68). In view of this, it is clear that the distinction between police brutality and tortur e cannot be easily ascertained and as noted by Spicer (2007: 157) â€Å"the definition of torture and its distinction from inhuman or degrading treatment is problematic and has generated a mass of case law in the ECHR.† It is thus difficult to distinguish torture from inhuman and degrading treatment, which is why cases are frequently coming before the courts involving police brutality. This is completely unacceptable and there ought to be some protection available to individuals in preventing them from being subjected to torture: â€Å"the government should investigate, discipline those found to be implicated, and train officers to interrogate suspects without coercion† (Human Rights Watch, 2010: 1). In order to clarify the position within this area, however, the United Nations have attempted to define torture by stating under Article 1 that â€Å"torture means any act which by severe pain or suffering, whether physical or mental, is intentionally inflicted on a perso n for such purposes as obtaining from him or a third person information or a confession.† Consequently, it would appear as though the police have inflicted torture upon the suspect because although they have not physically harmed him, they have in fact made threats against him. Thus, given that mental suffering is contained within the definition of torture as provided for under Article 1, it is likely that this type of behaviour will be considered a violation of the ECHR. Despite this, it could also be argued that because the police have arrested the suspect on suspicion of an impending terrorist attack, and have made such interrogations so as to prevent the attack from taking place, that the torture is reasonable. This is because, the police need to find out where the bomb is in order to protect society from harm and given that they only have only a few hours before the bomb explodes, it is integral that they obtain as much information out of the suspect as possible. Consequently, it could be said that the threat of the use of torture in interrogating the suspect is appr opriate based on the individual facts. In Binyam Mohamed Secretary of State for Foreign and Commonwealth Affairs [2010] EWCA Civ 65; [2010] WLR (D) 31 it was expressed that torture will amount to a violation of Article 3 as this will generally be considered unacceptable behaviour. Clearly, this illustrates that some protection will be afforded to individuals subject to the use of torture, yet it is questionable whether this applies to the current situation given that only a threat was made. As noted by Johns (2005: 16), however; â€Å"no human being is without protection under international law and in every circumstance, every human being has some forms of protection under human rights law.† Therefore, where torture, or the threat of torture, is carried out individuals should have some form of protection available to them, yet it is debatable whether this protection is adequate since the interest of national security may outweigh the interests of the individual. The Binyam case has been the subject of much critique as the US made great attempts to prevent evidence of torture from being disclosed. This led many to also question the practices of the UK who work closely with the US in the fight against terrorism (Smith, 2009: 9) and there was a strong debate as to whether national security would be damaged if the detainee’s human rights were to be protected. This resulted in difficulty as it had to be determined whether the interests of national security or the interests of the individual were to prevail. Applying this to the instant situation, the question to be asked is whether national security would be affected, if the rights of the suspect were protected by the ECHR. Given that a bomb is about to explode, it is necessary for the police to obtain the relevant information from the suspect so that they can locate the bomb in order to protect the public from harm. Given that human rights took precedent over national security in the Biny am case, the same could also apply here. However, as put by Burke-White (2004: 17) the interests of the two are in fact mutually exclusive â€Å"promote human rights at the expense of national security or protect national security while overlooking international human rights.† Therefore, it will be difficult to determine what interests ought to be preserved in any given case as the factors to be taken into consideration will differ largely from case to case. Furthermore, not all agreed with the decision in the case and many argued that the interests of national security should have been given greater prominence: â€Å"which is more important, the human rights of a suspected al-Qaeda operative, or protecting the British people from terror attacks?† (Coughlin, 2010: 1). The interests of national security are clearly at stake since the bomb explosion could lead to serious harm. It is questionable whether the interests of the suspect should therefore be given greater consi deration given the fact that a large proportion of the population may be subjected to harm. It is questionable why the protection of the majority did not prevail in Binyam and seems to illustrate that the human rights of the suspect in the instant case may also be preserved. Rather than demonstrating a victory for the protection of human rights principles, the case has been viewed with much dismay at the way in which the government handled the case (Londras, 2010: 17). Because of the significant interest that surrounded the case it seems as though the government would have been under much scrutiny had a different decision been made. In accordance with this, it is not certain that the human rights of the suspect in the instant situation will be protected since the suspect has been subjected to a threat of torture on the basis of the imminent bomb explosion. Thus, it is extremely difficult for the judiciary to protect individual liberties and rights when the government plays the national security card (Robson, 2010: 174). This is further evidenced by the continuance reference s that were made to open justice in the Binyam case: â€Å"the principle of open justice represents an element of democratic accountability and the vigorous manifestation of the principle of freedom of expression which ultimately supports the rule of law itself† (per Lord Chief Justice). Consequently, it became apparent that the judges were cautious when making their decision and as a result it is evident that human rights will not always be protected over the interests of national security as it will again depend entirely upon the individual circumstances of the case. It is clear from the decision that there is a conflict between the protections of individual human rights with the protections of national security. However, it is still extremely difficult to determine which interest is the most important and more likely to be successful in the instant case. Simply because human rights came out on top in the Binyam case does not illustrate they will come out on top in all other cases. This is especially so given that the court appeared under pressure by the Minister of the Crown to reach this decision. Hence, it is argued on the one hand that human rights should always succeed, yet on the other that the interests of national security should also be given recognition (Salomon, 2007: 5). However, in ensuring that individuals are free from torture, a strict prohibition against the use of torture must be effectuated. This is because if individuals were not being given sufficient protection against torture, national authorities would be capable of abusing their powers and inflicting harm and degrading treatment upon individuals suspected of a crime (Churcher, 2009: 1). Given that the majority are protected from terrorism, whilst the minority are protected from torture it seems as though greater emphasis ought to be placed upon individual righ ts in order to ensure that their interests provided by the ECHR are being preserved. It is arguable whether this can be justified, however, because as Woodward (2010: 19) argues; â€Å"the need to feel safer is a need that has in large part been manufactured by those eager to capitalize on the economic value of fear.† Therefore, it is integral that national security is also being preserved, which is why it will be very difficult to decide on a reasonable outcome in cases where human rights and national security conflicts. In Dushka v Ukraine, Judgement of ECHR, February 02, 2011 it was found by the Court that the unlawful detention and questioning of a 17 year old amounted to torture and was thus a violation of Article 3. Thus, it was stated by the court that given the applicant’s vulnerable age, the practice being employed did qualify as inhuman and degrading treatment regardless as to the applicant’s conduct. In light of this decision it could be said that the treatment being imposed upon the suspect will also amount to inhuman and degrading treatment although the courts will determine the circumstances of the case as a whole taking into account the fact that a bomb was about to explode. The Anti-terrorism, Crime and Security Act (ATCSA) 2001 and the Prevention of Terrorism Act 2005 do, however, appear to conflict with the ECHR because of the fact that authorities are now provided with greater powers when it comes to the elimination of terrorism. As stated by Herron (2011: 1); â€Å"whilst the new powers avoided the directly discriminatory nature of executive detention in so-doing they broadened the potential applicability of other of its rights-infringing characteristics, which were retained within the new regime.† The provisions that have been provided for under these acts appear largely detrimental to individual rights and freedoms, yet this is deemed necessary in protecting individuals against the threat of terrorism can; R (on the Application of BB) v Special Immigration Appeals Commission [2011] All ER 210. Here, the court highlighted the importance of preserving the interests of national security was. Nevertheless, it is still evident that whilst the hu man rights of individuals are to be maintained, the rights of ordinary citizens also need to be given consideration. A balancing act between the two competing interests is therefore required, yet as has been discussed this is proving to be rather problematic. Ames (2005: 2) believes that â€Å"any restriction on rights must be imposed with reference to the rule of law and be subject to proper safeguards, such as judicial scrutiny.† Therefore, it must be ensured that any restrictions placed upon the rights of individuals and citizens are in accordance with the rule of law to prevent unlawful infringement from occurring. This was clearly reflected in the Binyam case since it became apparent that the rule of law was not capable of being departed from regardless as to whether the person seeking protection was a terrorist or not. This has been criticised by many since it is believed that the government used the national security card when undertaking activity that would usually be considered unlawful: â€Å"under cover of â€Å"national security† and â€Å"protecting the public† governments can embark on actions that might be unpopular, even unjust, and hope not to be called to account† (Robson, 2010: 200). This is unacceptable and unless the rule of law is continuously upheld in, democratic governance will be threatened. Essentially, it is thereby palpable that the interrogation the suspect has suffered by the Police is unlawful and contrary to the provisions of Article 3, yet the authorities may still be able to rely upon the national security defence when putting forward there reasons. This will make it much more difficult for the suspect to argue that there has been a violation of their rights under the ECHR as the police may be able to demonstrate that national security was at risk. This is because the interests of society as a whole will usually be afforded greater protection than individual interests. Conclusion Overall, it does appear as though the treatment the suspect has received from the police is a violation of his rights under the ECHR. However, given the complexity of the case, it is likely that there will be much difficulty when trying to determine whether such rights should be enforced over the interests of national security. Accordingly, the case will involve a balancing act by the courts to establish whether the interests of the suspect ought to prevail given that the public was at risk of harm. This will be extremely difficult to determine, although in light of recent cases such as Binyam, it is likely that the courts will find the interests of the suspect will prevail. References Ames, J. (2005) ‘News: 90-day Detention Plans Shelved’ 3 Law Society Gazette 2, Issue 45. Amnesty International. (2009) Impunity for CIA Torture is Incompatible with USA’s International Obligations, [Online] Available at: http://www.amnesty.org/en/news-and-updates/obama-accused-quotcondoning-torturequot-20090417 [15 December 2013]. Burke-White, W. W. (2004) ‘Human Rights and National: Security: The Strategic Correlation’, Harvard Human Rights Journal, Volume 17, [Online] Available: http://www.law.harvard.edu/students/orgs/hrj/iss17/burke-white.shtml [16 December 2013]. Chair, J. (2004) Torture: A Collection, Oxford University Press, Political Science. Chiesa, L. E. (2009) Beyond Torture: The Nemo Tenetur Principle in Borderline Cases, PACE Law Faculty Publications, PACE University, (2009), Available [Online] at: http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1642context=lawfaculty [16 December 2013]. Churcher, J. (2010) UK intelligence knew of terror suspects torture, The Independent UK, (24 November, 2009), [Online] Available: http://www.independent.co.uk/news/uk/home-news/uk-intelligence-knew-of-terror-suspects-torture-1826634.html [16 December 2013]. Coughlin, C. (2010) Binyam Mohamed: choose human rights or Britain’s protection?, The Daily Telegraph, [Online] Available: http://www.telegraph.co.uk/news/uknews/terrorism-in-the-uk/7206832/Binyam-Mohamed-choose-human-rights-or-Britains-protection.html [16 December 2013]. de Londras, F. (2010) ‘Human Rights Lexicon: Security v Rights and the Case of Binyam Mohamed’, Human Rights in Ireland, [Online] Available: http://www.humanrights.ie/index.php/2010/03/17/human-rights-lexicon-security-v-rights-and-the-case-of-binyam-mohamed/ [16 December 2013]. Herron, R. (2011) ‘Counter-Terrorism, Rights and the Rule of Law: How Far Have we Come Since Executive Detention?’ Human Rights in Ireland, [Online] Available: http://www.humanrights.ie/index.php/2011/09/07/counter-terrorism-rights-and-the-rule-of-law-how-far-have-we-come-since-executive-detention/ [16 December 2013].Human Rights Watch. (2010) Zambia: Police Brutality, Torture Rife, [Online] Available at: http://www.hrw.org/en/news/2010/09/03/zambia-police-brutality-torture-rife [16 December 2013]. IBN, Prevention of Torture Bill: Par panel to consider suggestions, (22 September, 2010), [Online] Available at: http://ibnlive.in.com/generalnewsfeed/news/prevention-of-torture-bill-par-panel-to-consider-suggestions/343857.html [16 December 2013]. Johns, F. (2005) Guantanamo Bay and the Annihilation of the Exception, European Journal of International Law, EJIL 2005 16 (613), Issue 4. Kamau, E. (2006) The Police, The People, The Politics: Police Accountability in Tanzania, Commonwealth Human Rights Initiative, CHRI. Reidy, A. (2002) The Prohibition of Torture; A Guide to the Implementation of Article 3 of the European Convention on Human Rights, Human Rights Handbook, [Online] Available: http://www.coe.int/t/dgi/publications/hrhandbooks/HRHAND-06(2003)_en.pdf [14 December 2013]. Robson, G. (2010) ‘In the Balance’, Criminal Law Justice Weekly, Essential Resource for Professionals Serving the Criminal Courts Since 1837, Issue 14, (2010) 174 JPN 200. Salomon, S. E. (2007) Global Responsibility for Human Rights: World Poverty and the Development of International Law, OUP Oxford. Smith, R. (2009) ‘Columnist: Rights and Wrongs – Winning Hearts and Minds’, Law Society Gazette, (2009) LS Gaz, 19 Mar, 8, Issue 11, (19 March, 2009). Spicer, R. (2007) No Torture; no debate, New Law Journal, 157 NLJ 1761, Issue 7301. Woodward, P. (2010) ‘America’s National Security Protection Racket’ War in Context, [Online] Available: http://warincontext.org/2010/07/19/americas-national-security-protection-racket/ accessed [16 December 2013]. How to cite Theory and Practice of the European Convention on Human Rights Assignment, Essay examples

Maggies role in Hobsons choice Essay Example For Students

Maggies role in Hobsons choice Essay Maggie then brings out Freddie Beenstock and introduces Hobson to him, they eventually get Hobson to pay five hundred pounds to Freddie for trespass and damages, you can afford five hundred pounds and youre going to pay five hundred pounds. Hobson tells his daughters This is a tidy bit of money going out of the family, but is corrected by Maggie telling him its going to be split between Alice and Vicky for their weddings. Hobson has no choice but to change in the end because the doctor tells him that if he carries on drinking then hell be dead within six months. He doesnt want to know, so Maggie has to get it through to him. I think that if Maggie hadnt of been there for Hobson to look after him and boss him around then he would of died a lot sooner due to his large intake of alcohol and stubbornness. But because of Maggie bossing him around he has no choice but to see a doctor and do what he says. Willie starts off being a very meek and shy person who works in Hobsons shop. Maggie changes him throughout the play so that he becomes more confident and ends up having his own business. At first when Maggie tells Willie he will marry her, he doesnt expect it and is very nervous because he will have to break up with Ada Figgins. But Maggie soon brings out his confidence and he finds it easier to speak to people. He starts to come out of his shell when he and Maggie get married. Maggie teaches him how to read and write. She even makes him do his writing on their wedding day before he can go and sleep with her, you finish that copy before you come. Willie isnt very confident in speaking to people either, but Maggie changes him. She does this in a number of ways but mainly by getting him to stand up to her father. When Maggie tells Hobson that she is going to marry Willie he isnt happy and wants to hit Willie with a belt but he stands up to him, if you touch me with that belt, Ill take her quick, aye, and stick to her like glue. Maggie influences her sisters in the way of giving them confidence to stand up to their father. For example when Hobson goes to Maggies house and is confronted about falling down the cellar, he is told about his daughters (Alice and Vicky) getting married, he doesnt like it but they make him because they have confidence (but its mainly Maggie). Maggie treats her sisters very well and with a lot of respect. She looks after them and because of her they get to get married and find the right men. Due to these reasons of Maggie treating her sisters well, she gets money for them to pay for their weddings by tricking Hobson so that he thinks he is paying for trespass. So therefore they are able to afford a better wedding. This document was downloaded from Coursework. Info The UKs Coursework Database http://www. coursework. info/ This document was downloaded from Coursework.Info The UKs Coursework Database http://www. coursework. info/ This document was downloaded from Coursework. Info The UKs Coursework Database http://www. coursework. info/ This document was downloaded from Coursework. Info The UKs Coursework Database http://www. coursework. info/ Show preview only The above preview is unformatted text This student written piece of work is one of many that can be found in our GCSE Harold Brighouse section. Download this essay Print Save Heres what a teacher thought of this essay 3 star(s).