...Case Study Analysis-D Critical Thinking Case Study Analysis: GOOGLE 1. Describe the philosophical principle Google's managers adopt when deciding that the benefits of operating in China outweighed the costs. Discuss the philosophical approaches to ethics. Describe the approaches that are favored by most moral philosophers and form the basis for current models of ethical behavior in international business. Google began to operate in China in 2000, it was two years later that the Chinese authorities blocked the site. Although this came as a surprise for the company’s managers, two weeks later the service was restored. It was clear that China was a strategically important market and Google couldn’t just ignore that. We begin our approach to philosophical ethics by describing what is called straw men. These approaches can be characterized as the Friedman doctrine, cultural relativism, the righteous moralist and the naive immoralist. The Friedman doctrine says that the only responsibility of business is to create profits, as long as the company remains within the rules of law. Yet this argument breaks down because the rules of the game are not well established and differ from country to country, and that may lead to inadequacies in a company’s social responsibility. The basic belief in cultural relativism is that a company should adopt the culture within which it is doing business. But serious contradiction arises from this approach, for example let’s assume that in one...
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...to you by the Georgetown Law Library. Posted with permission of the author. COMMENTARIES Biomedical Research Involving Prisoners Ethical Values and Legal Regulation Lawrence O. Gostin, JD U NTIL THE EARLY 1970 S , R. J. R EYNOLDS , D OW Chemical, the US Army, major pharmaceutical companies, and other sponsors conducted a wide variety of research on prisoners—a captive, vulnerable, and easily accessible population.1,2 During that time, approximately 90% of all pharmaceutical research was conducted on prisoners, who also were subjected to biochemical research ranging from testing diet drinks and simple detergents to studies involving dioxin and chemical warfare agents.3 From 1962 to 1966, for example, 33 pharmaceutical companies tested 153 experimental drugs at Holmesburg Prison in Philadelphia, including a Retin-A (tretinoin) study in which researchers did not seek informed consent and prisoners were not adequately treated for pain.4 By the mid-1970s, biomedical research in prisons sharply declined as knowledge of the exploitation of prisoners began to emerge and the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research was formed.5 Federal regulations to protect human subjects of research were established in 1974 and modified and codified in 1981.6 The regulations were revised in 1991 as the Federal Policy for the Protection of Human...
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...Project Title Use of Data mining by government agencies and practical applications (Describe the Data Mining technologies, how these are being used in government agencies. Provide practical applications and examples) Compiled By:- Sneha Gang (Student # - 84114) Karan Sawhney (Student # - 85471) Raghunath Cherancheri Balan (Student # - 86088) Sravan Yella (Student # - 87041) Mrinalini Shah (Student # - 86701) Use of Data mining by government agencies and practical applications * Abstract (Sneha Garg) With an enormous amount of data stored in databases and data warehouses, it is increasingly important to develop powerful tools for analysis of such data and mining interesting knowledge from it. Data mining is a process of inferring knowledge from such huge data. It is a modern and powerful tool, automatizing the process of discovering relationships and combinations in raw data and using the results in an automatic decision support. This project provides an overview of data mining, how government uses it quoting some practical examples. Data mining can help in extracting predictive information from large quantities of data. It uses mathematical and statistical calculations to uncover trends and correlations among the large quantities of data stored in a database. It is a blend of artificial intelligence technology, statistics, data warehousing, and machine learning. These patterns...
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...A Writ of Habeas Corpus as outlined in our book is that of a legal act that calls for an individual under seizure to be brought in front of a court of law for an inquiry to essentially decide if they are guilty or not of the suspected crime (Levin-Waldman, 2012). The Writ of Habeas Corpus explicitly brings up the right to contest one's arrest and imprisonment. It is also a way for the government to force an individual to come before the courts. By permitting an independent judge to analysis the legitimacy of the individual’s confinement and instruct that the detainee be freed if the circumstances are unlawful, habeas corpus functions as a safeguard against unlawful seizure, arrest, and torture. While habeas corpus has been upheld as a fundamental right of the imprisoned, this safeguard has been obstructed throughout our history, making the habeas corpus right, at times, a subject of our desire for refuge during times of emergency. The beginnings of habeas corpus can be traced to the year 1215 in the 39th article of the Magna Carta signed by King John, which says that: "No man may be restrained or confined except by the lawful declaration of his peers or by the decree of the land" (Rohde, S 2010). At first, habeas corpus was a resource used to summons an individual before the courts. However, by the turn of the 14th Century, higher courts were using the Writ of Habeas Corpus as a way of examining the surroundings of an individual’s confinement by the lower courts (Farrell, B...
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...initiatives aimed at controlling individuals’ online activity. One such initiative, aimed, inter alia, at introducing enhanced online copyright enforcement standards, is the Anti-Counterfeiting Trade Agreement (ACTA). The paper analyses a possible effect of Art. 27(3) of the agreement on the data protection and privacy rights, as spelled out in the EU legal order. Firstly, the EU legal framework on Internet surveillance for copyright enforcement will be addressed. Next, the principles and safeguards applicable to data processing in the context of communications surveillance will be illustrated with reference to the jurisprudence of the European Court of Human Rights. It will be argued that ACTA, if interpreted broadly and implemented without safeguards, would provide an incentive for graduated response systems, which, as it will be shown on the example of the French graduated response, may trump privacy rights on a massive scale. I Introduction Could cyberspace be considered a zone of liberty, for the most part unrestrained by government regulation and intrusion into individual rights and freedoms? On the one hand, the Internet has served to expand the boundaries of information sharing to an unprecedented degree. However, as the dividing line between the online and ‘real’ world is becoming ever vaguer, initiatives affecting individuals’ activities in cyberspace are intensified as well. A recent such initiative, the Anti-Counterfeiting Trade Agreement (ACTA), has as one of its...
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...On John Stuart Mill’s production On Liberty has not only became one of the most widely known political and philosophical writing, but also produces one of the fundamental political questions on finding the balance in between liberty, democracy and authority. Although Mill’s writing was deeply influenced by Bentham’s Utilitarianism philosophy, Mill’s theory in On Liberty emphasized more around the value of individuality, equality and liberty (Donner, 1991; Skorupski, 1998). All three elements focused on by Mill, are closely connected in democratic society, Mill’s major fear was the emergence of dictatorship based on majoritarian and conformist behavior within a society (Skorupski, 2006). This essay will focus on examining Mill’s liberal ideas within On Liberty, his concept on the limitation of government’s authority, and will also suggest possible conditions where Mill’s ideas may apply in modern society. Liberty and authority are two factors that are constantly conflict. Liberty could not only mean the working of self-government and individuality, but also mean the right of freedom. Similarly, if a democratic society is lack of individuality; it could means the lack of freedom as well as the lack of what makes human. On the contrary, Skorupski (2006: p40) pointed out: “liberty meant ‘protection against the tyranny of political rulers’.” Indeed, limiting state’s authority could means preserving individuals’ rights, yet, at the same time society must give government enough power...
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...Civil Liberties, Habeas Corpus and the War on Terror American National Government Civil Liberties, Habeas Corpus and the War on Terror Introduction The constitution of the US grants every citizen civil liberty and freedom. According to the Habeas corpus, a person should not be detained without a just and legal cause. It is a legal precedent that evolved in both the English and American traditions. The Habeas corpus is an important individual right in the US constitution that supersedes the other first ten amendments. However, Habeas Corpus is significant when combating terror. Thesis statement: the non-American terror suspects have the civil right of habeas corpus. The writ of habeas corpus According to the constitution of the US Article One and Section nine, “an accused individual has the right of habeas corpus unless when in cases of rebellion or invasion the public safety may require it" (Mason, 2011, p.12). As earlier defined and described, the accused persons have the right of habeas corpus that allows their detention to be interpreted in courts of law to establish whether they are being held legally. Nevertheless, the right of habeas corpus safeguards the civil liberties because it is the foundation of our constitutional democracy. Notably, the right of habeas corpus protects individuals from unlawful imprisonment at all times including war on terror. The US constitution ingrains the right of habeas corpus in order to protect detainee's civil...
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...in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided for by law. As well as prohibiting the state from taking your life, Article 2 also requires the state to protect your right to life by having in place proper and adequate criminal sanctions to punish those who take your life intentionally. Failure by the state to properly investigate a suspected murder, or to prosecute the suspected murderer, may amount to a breach of the right to life of the victim. In certain limited cases, Article 2 may impose a duty on the state to take positive steps to protect your life where it is being threatened. So where there is an environmental hazard that poses a very high risk to the life of the people living nearby, the state may have a duty to provide information about that hazard to enable the people to take steps to protect themselves and their families. In the case of Osman v UK, the European Court of Human Rights (ECHR) found that the police were under an obligation to take reasonable steps to protect the life of the claimant as there was a real and immediate risk to his life, and the police were aware of this risk. Article 3 No torture, inhuman or degrading treatment The prohibition on torture and inhuman or degrading treatment or punishment is one of the most important provisions in the Human Rights...
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...MUHAMMAD ALI JINNAH Born in Karachi to a Gujurati family, Pakistan’s founder was among the first students of a Muslim school in Bombay which was also attended by the renown Quran translator Abudllah Yusuf Ali. Jinnah also attended the school Sind Madrassat-ul-Islam in his native Karachi. From a young age, his aspirations were clearly Islamic. When he was sent to study law in England, he chose the law school the Lincoln Inn in London because it considered Prophet Muhammad, peace and blessings be upon him, as one of the greatest law givers of the world. He became the youngest graduate at his school, completing his law degree at 18. Later, after returning to India and establishing a successful law practice, he joined the Indian National Congress and its movement to free India from British colonial rule. However, he became disenchanted with the party when Mohandas Gandhi, its leader, began brining Hindu religious language and symbolism into the movement. Jinnah felt this disempowered Muslims and slowed down the cause of freedom. In response, he quit the Congress and returned to England. The Muslim poet-philosopher Allama Muhammad Iqbal coaxed him back to India, inspiring him with the idea of Pakistan and the need to fight for the rights of Indian Muslims, who were not fairly represented in the Hindu-majority country, particularly in the areas of politics and employment. Jinnah rose to become president of the Muslim League and leader of the movement for Pakistan. His entry into...
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...PUNJAB, PATIALA CUSTODIAL TORTURE: VIOLATION OF HUMAN RIGHTS SUPERVISED BY: SUBMITTED BY: Ms. Sangeeta Taak Rajiv Gandhi National University of Law Patiala (Punjab) PROJECT SUBMITTED IN THE PARTIAL FULFILMENT OF REQUIREMENTS OF THE SUBJECT OF CRIMINAL LAW FOR EIGHTH SEMESTER, B.A.LL.B (HONS.) COURSE SURBHI MEHTA Assistant Professor of Law (Roll No. 581) TABLE OF CONTENTS CHAPTER 1: INTRODUCTION 1 1.1. Objectives 2 1.2. Research Methodology 2 1.3. Hypothesis 2 1.4. Definitions 3 1.4.1. Police 3 1.4.2. Torture 4 CHAPTER 2: HISTORICAL BACKGROUND 6 CHAPTER 3: CUSTODIAL TORTURE AND RELATED DIMENSIONS 10 3.1. Categories 10 3.1.1. Physical torture 10 3.1.2. Custodial Death 12 3.1.3. Custodial Rape 13 3.2. Causes 14 3.2.1. Structural 14 3.2.2. Other Causes 15 3.3. Consequences 16 3.3.1. Physical Consequences 16 3.3.2. Psychological Consequences 16 3.3.3. Economic Consequences 16 3.3.4. Social Consequences 16 CHAPTER 4: LEGISLATIVE PROVISIONS 17 4.1. The Constitution of India, 1950 17 4.2. The Criminal Procedure Code, 1973 18 4.3. Indian Evidence Act, 1872 19 4.4. Protection of Human Rights Act, 1993 20 4.4.1. The National Human Rights Commission 20 CHAPTER 5: JUDICIAL PRONOUNCEMENTS 22 5.1. Monetary Compensation and Judicial Response 25 5.2. Judgements Awarding Compensation 27 5.3. Judgments Awarding Punishment 28 CHAPTER 6: INTERNATIONAL PROTECTION AGAINST TORTURE 29 6.1. Major...
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...presentation and discussion Each Team Member must also submit A five-page paper on the topic A confidential peer review of each other team member Team Projects Topic will usually be a Chapter/Case Study in the book Team is expected to go beyond what is in the book to provide additional information and analysis regarding the case study topic. Analyze case study in terms of major foundational ethical theories and major journalism ethical theories. Authoritarian theory of the press: The function of the press is to support the policies and actions of the state, and its authorities. The press should foster social solidarity and national unity. The state has the right to control the press for the overall public good. In many cases, controlling the press means preventing the press from embarrassing the existing government, to repress criticism and protest, and to severely restrict press freedom. The authoritarian view was prevalent in 17th century Europe where publishing came under the prerogative and censorship powers of the monarch and church. The authoritarian theory is embraced today by many leaders of non-democratic states. Libertarian (or liberal) theory of the press: The function of the press is to protect the people‟s liberties and rights, and to inform the public so they can participate as citizens in democratic self-government. The liberal theory prefers a privately owned news media that is maximally free to inform citizens and criticize public...
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...Privacy and Culture: Comparative study of privacy issues with respect to mobile technology in India and America Sreeranjani K Pattabiraman Abstract The past decade has witnessed a huge shift in the development of mobile technology which has led to privacy issues, murmurings of which started surfacing only in recent years. A lot of research has been carried out by academicians on mobile technology and its impact on society. There have also been comparative studies on how privacy has changed for people over the years with the boom of social networking sites and smart phones. But, there has not been a substantial study or analysis conducted on how people's privacy has been directly affected by the ever-increasing population boom of mobile-phone users. This comparative study analyzes the concept of privacy with respect to mobile surveillance and draws upon prior work in the field of mobile surveillance, ranging from popular press on government surveillance in India and USA and case studies in these two countries related to people’s view on privacy, to the works of ACLU (American Civil Liberty Union) in USA and Stop CMS (Central Monitoring System) in India. The study is built around the analysis and comparison of the issue of mobile surveillance in both the countries, how people dealt with this, and the role of culture in determining people’s view on privacy. It also proposes suggestions for how future research can be carried out in the field of mobile surveillance. Keywords ...
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...increasingly better in terms of science, technology, modernization, liberty, democracy and quality of life. These term looks forward to an ideal completeness or perfection in respect of quality or condition; -- applied to individuals, communities, or the race; as, social, moral, religious, or political progress. Many say that no man will ever be satisfied and each of us is hungry for change. However, we know that progress is a very subjective terminology. What if our view of progress is to have three full meals a day and hunt more food more than we need? Our natives roamed their lands for ages. They roam an autonomous region which is molded by their own culture and way of living. Their adaptation to these lands is very impressive due to the fact that they have stayed in this place for a long time--thus, it makes them more invincible to the dangers of their natural environment. In contrast with these, we try to colonize our indigenous people and force them to live our own way of living without thinking that they could not handle the fast phasing of our daily living. We deteriorate the current order of a simple society which bring about pandemonium to their physiology, behavior and culture. One study shows that the indigenous people of Australia, Maori, are now suffering from high risk of lung cancer. Doctors assumed that almost all cases of lung cancer in Maori are due to smoking; this is unlikely to be the case because long...
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... COMPARATIVE CONSTITUTIONAL LAW. SUBMITTED BY:- AJINKYA SALUNKHE LLM-Ist YEAR ROLL NO:- 739 SUBMITED To- Prof.Prashant Gaikwad INDEX. 1) TITLE 2) NATURE OF STUDY 3) SCOPE 4) IMPORTANCE & SIGNIFICANCE 5) LITERATURE REVEIW 6)RESEARCH QUITIONS 7) OBJECTIVES OF RESEARCH 8) CHAPTERISATION 1) Introduction. 2) Article 299 of Indian Constitution. 3) Contract by union & State shall be executed.(299 (1) ) Position of informal contract Service contract Statutary contract Authorisation by President or Governor Contravention 4) Contractual liability of government Execative authority cannot be fettered by contract a) England b) U.S.A. c) India Legislative Authority cannot be fettered by contract a) England b) U.S.A. c) India Right to prosecute cannot be heard by contract a) England b)...
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...Issues in Life and Death: Paper 3 Physician assisted suicide is gradually becoming more and more of an accepted practice across the world. Here in the United States, a few states have already legalized physician assisted suicide, albeit with certain safeguards. It appears that the sentiment behind this practice is evolving. People are starting to see that it is frivolous to needlessly suffer when you are faced with an inevitable death. Patients with cancer and other terminal illnesses have already taken advantage of this practice. Recently however, a Swiss assisted-suicide clinic known as Dignitas announced their intention to help a healthy woman die alongside her terminally ill husband. This has raised many eyebrows, as well as some pertinent questions with regard to the morals of our society. For example, is there a principled difference between letting this healthy woman die and letting her terminally ill husband die? I am proposing that in principle the wife in this case has just as much of a right to end her own life as her husband does. I believe that although this woman’s case is semantically different from her husbands (relative health vs. terminal illness), they are morally equivalent. Humans are autonomous agents, capable of making rational decisions. As long as they are of a sound mind it can be argued that they know what is best for themselves. When someone imposes their will upon another’s ability to make their own rational decisions they are obstructing...
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