...assert against Boethius’s proposition is that if God does not exist inside of the temporal realm, how is it possible for him to interact with beings in time as he is often esteemed to do. One cannot say that the reply to the first objection would also constitute as a valid explanation for this new objection, for God for being able to see all of existence simultaneously is different than being able to interact with it. One could, however, argue that if God was the creator of the temporal realm itself, he can therefore have utmost control over it and interact with that which He created. Boethius’s claim about the compatibility of the free will and the divine foreknowledge is indeed a much debated topic. Although many may argue against Boethius’s contention, it was and can be shown that such objections are constructed with interlacing errors. These errors can be broken down to either a confusion between the divine foreknowledge and human intellect or a failure to realize that even though God exists outside the temporal realm, He is its creator and thus has utmost control over it and can interact with that which He creates. New objections, however, can still arise and it is thus still important to consider Boethius’s central claim when such objections arise, for one may be able construct certain arguments that can prove Boethius to be false. As it stands presently, I have to support Boethius’s claim, for I do not see sufficient evidence proving it false. ...
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...advance their self-interests. Non-beneficiaries argue for their own self-interests, in realizing that they do not receive any advantages from the policy. According to a study of sixty white students, who were told that whites were harmed by affirmative action, they were more likely to endorse the harmful to beneficiaries’ objective. This proves the harms to beneficiaries’ objection weak, because non-beneficiaries only perceive the harm once they realize they don’t receive any benefits but harms from the policy. The lack of support for the policy arises from a feeling of threat the non-beneficiaries sense as they are seeking jobs in the same organizations as those receiving advantages from the policy. This response also fails, because it need not consider the results of diversity the policy it brings to the table. The objection, only aims at trying to highlight the negative outcome of the policy put in place. It fails to consider that this policy merely highlights these individual’s achievements when compared to others who possess the same cultural background. Those claiming the harms to beneficiaries objection fail to understand that these individuals are “non-White” and would not be able...
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...Essay 1 A Natural Law theorist would argue that homosexuality is unnatural because it goes against four common definitions of the word unnatural. The Natural Law theorist would argue that homosexuality goes against the descriptive laws of nature, it is artificially produced by humans, anything uncommon is unnatural, and that any use of an organ that it contrary to its purposed use is unnatural. Leiser believes that these contentions to homosexuality being a natural phenomenon do not sufficiently explain why homosexuality is unnatural. Leiser believes that homosexuality does not go against the descriptive laws of nature because these laws are meant to describe behavior, not prescribe it. (Leiser p. 56) Leiser gives the example of the law of nature that says that water boils at 212 degree Fahrenheit. This law does not tell the water that this is what it has to do, but simply describes a natural phenomenon. In fact, if any of these descriptive laws is broken, then it cannot be considered a law at all. (Leiser p. 56) With regards to the contention that homosexuality is unnatural because it is artificially produced by humans, Leiser refers to his typewriter. He explains that man had to remove certain substances from nature and put them together using a variety of chemical and mechanical processes to create his typewriter. With this, he argues that the logic that would lead someone to believe that this is a reason for thinking that homosexuality is unnatural would lead someone...
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...appears to be the rational course of action following PGD that reveals a fetus that carries certain markers for a disease or disability. However, many disabilities rights advocates, such as Marsha Saxton, argue that this practice is harmful and morally problematic because of what it implies about the value of those currently living with conditions that would likely be selected against. In this paper, I will present Saxton’s Expressivity Argument, as well a few of the most persuasive counterarguments to her stance, and then explain why I am not compelled to discredit the Expressivist Argument by these objections. Saxton’s Expressivist Argument takes the following...
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...CASE PRESENTATION KRISHNA KUMAR BIRLA V. RAJENDRA SINGH LODHA AND ORS (2008) 4 SCC 300 ADITI SAHAY ROLL. NO. 577 BBA LLB (HONS.) VTH SEMESTER FACTS: 1. The facts of the case involve the controversial will of Late Priyamvada Birla executed in the year 1999 making R.S. Lodha the sole beneficiary. 2. Both M.P. Birla and Priyamvada Birla executed a mutual will on 10th May, in the year 1981, bequeathing their respective estate(s), barring certain specific legacies to the other and on the death of the survivor to the 'charities' to be nominated by the executors. 3. The said wills were revoked and another set of mutual wills were executed on 13th July, 1982. 4. Four executors were appointed for each of the wills, who are listed as under: Executors for Madhav Prasad Birla’s will were Smt. Priyamvada Devi Birla, Krishna Kumar Birla, Kashinath Tapuria and Pradip Kumar Khaitan Executors nominated in Priyamvada Birla’s will were Madhav Prasad Birla, Ganga Prasad Birla, Kashinath Tapuria, Pradip Kumar Khaitan. 5. 14th July, 2004: K.K. Birla, B.K. Birla and Yashovardhan Birla filed caveats in the Calcutta High Court, to oppose the grant of probate to the Will created by Mrs. Priyamvada Birla in 1999 (hereinafter referred to as the 1999 will) 6. 19th July, 2004: Caveats entered by Ganga Prasad Birla and Laxmi Devi Newar. 7. 19th July, 2004: The first respondent, R.S. Lodha filed an application for grant of probate of 1999 Will (P.L.A. No. 204 of...
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...and physically, which contributes to this conflict. Since they are all equal, no one possess enough power to keep them in “awe”. It is for these reasons that Hobbes believes life is “solitary, poor, nasty, brutish and short”. I disagree with Hobbes regarding his ideas that everything a man does benefits himself in some way. We can see this time and time again in human nature. A great example of this is when people donate a kidney to a loved one. They gain nothing from this, but are still more than willing to do it. This selflessness is so engrained in us, it can even be seen in our movies and TV shows. The classic scene where someone jumps in front of a bullet to save their friend has been acted out hundreds of times. Another point of contention I have with Hobbe’s view of the state of nature, is his idea that a strong ruler must exist to swiftly punish those who defect from the state. I favor Rousseau’s view that this harsh ruler is not necessary because people will not naturally want to defect from the state. They gain the most while cooperating, so there is no reason for them to defect. 2. According to Rousseau, what is the role of the sovereign in social contracts? Explain how this role relates to the general will. Provide a short critique of this view from a descriptive perspective {e.g. is it true of the real world? Why or why not? Rousseau believes that the central...
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...function for many purposes who must have had a creator as well. Paley resolves that that creator is God. God’s Existence Through Faith Debunked While the theist does conjure a persuasive analogy and rebuttal to the problem of evil, there are two holes in the free will defense and the design argument by William Paley. Objection to the free will defense are: “The first is the contention that there is no reason why an omnipotent God could not have created free agents who always choose the good… The second objection is that even if God could not have made humans so they always freely choose the good, he could have at least made people such that they do less evil than they actually do,” (Vaughn 84-85). Merely, if God truly was all powerful he could have given the people free will that always leaned towards good choices and actions rather than evil ones. Furthermore, moral character could have been made better so that individuals would have the desire to do good rather than evil. If none of the evil that arises could be prevented by God, himself, is he truly all powerful as theists claim him to be? Moreover, there are many flaws in Paley’s argument that raises objections to his reasoning. Primarily, “since we have never seen a phone be made or known how to make one, we cannot conclude that someone made the phone,” (O’Connor Handout 9/26). Just as how a leaf is just naturally as it is, we have no concrete evidence that the phone has a creator simply because it is more complex than the...
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...being. However, little do we know that this happens to animal’s everyday when people shave off their fur to make coats, begs and other things for us? Proposition Animal fur should be banded because it’s not right to kill animal brutally for us to look just good and also a name of fashion. Division First I describe history of using fur and how it’s different now. Next I will talk about the facts of using animal for fur and how they killed animal for name of fashion. Contentions Let me list the objections which support the proposition for why animal fur should be banned because its crime to killed animal for name of fashion. 1. It is unnecessary to take life of animal for fashion. 2. Animal negligence – starved. 3. Fur farms constitute institutionalized cruelty. 4. There are other options if you want to get a fur. 5. Just remember your clothing used to be alive. 6. Killing animals for their fur is just cruel and wrong. Transition: today I can’t argue all five contentions because of time, so I’m going to argue...
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...Then there is the person in questions part of the story, and then there is the part, which holds the truth in the story. People are naturally born, to do everything in their power to make sure they can safeguard their existence. Despite, anyone found culpable with committing a criminal act or also not found guilty, of doing criminal acts likelihood of them meeting consequences for their conduct will likely be all the time. People will refute actions as such, to avoid consequences from being done to them. Police officers employees walk on eggshells with considering the use, with deception to discover the truth in the matter. This paper will discuss, Is it moral to lie to acquire the truth and do the ends justify the means of it, there a contention between the codes of ethics how police officer indeed led, the parts do physical conduct and nonverbal communication play in identifying deception also the conclusion. Is it moral to lie to acquire the truth and do the ends justify the means of it The ethical also moral behavior is personalities, which people contain even if many people cannot contain the similar level of the moral ground. Each person does have the free will to pick what he or she want to also the free will to think, which these are the basis for an individual to reach pursuit of happiness for an individual right and their life. Individuals only tell the truth when there is a benefit within it for them. However, it there is no benefit in it for them...
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...Case Title: Carnival Cruise lines, Inc. v. Shute Citation: 499 U.S. 585, 111 S. Ct. 1522 113 L. Ed. 2d 622 (1991) Facts: The plaintiffs, Eulala and Russel Shute, were passengers on a cruise ship operated by the defendant, Carnival Cruise Lines, Inc. Shute purchased passage for a seven day cruise on the Tropicale, through a Washington travel agent and signed a contract, with a forum selection clause mandating that injured parties would sue in Florida, to the exclusion of all other jurisdictions. The plaintiffs boarded the cruise in California which then sailed to Purto Vallarta, Mexico before returning to Los Angeles. While the ship was in international waters, Plaintiff Eulala Shute was injured from slipping on a deck mat. The plaintiff then filed a suit in Washington, in violation of the contract clause. The defendant sought summary judgment based on: 1. The forum selection clause, and 2. A lack of minimum contacts between the defendant and the forum state. The trial court dismissed based solely on the lack of sufficient contacts. The United States Court of Appeals for the Ninth Circuit reversed because the cruise line had reached into Washington via advertising, and held that but for the defendant’s solicitation, there would be no cause of action. The Court of Appeals also held that forum selection clause was void because of unequal bargaining power between the parties, and because it would be an undue hardship for the Shutes to have to go all the way to Florida...
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...DNA test shows innocent man jailed in 1986 murder, court filing says August 17, 2011, http://www.statesman.com/blogs/content/shared-gen/blogs/austin/courts/entries/2011/08/17/dna_test_shows_innocent_man_ja.html New DNA results, combined with evidence that was improperly withheld by Williamson County prosecutors for more than two decades, indicates that an Austin-area man has spent 24 years in jail for a murder he did not commit, a court filing alleged Wednesday. Michael Morton, now 57, was convicted in the brutal beating death of his wife, Christine Morton, and sentenced to life in prison in 1987. But a recent court-ordered DNA test, conducted on a blood-stained bandanna over the objections of Williamson County District Attorney John Bradley, points instead to an unnamed California felon as the killer, according to court briefs filed by the Innocence Project of New York. The court filing urged a Williamson County district judge to remove Bradley from the case, saying he cannot be trusted to oversee a reinvestigation of the killing because he has shown “unprofessional” animosity toward Michael Morton and his lawyers. What’s more, the motion alleges, Bradley worked to keep a key piece of evidence hidden from Morton’s lawyers — a transcript of a police interview that shows the Mortons’ 3-year-old son witnessed his mother’s murder and said the attacker was not his father. The transcript should have been provided to Morton’s defense lawyers before the trial but was not, according...
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...Then there is the person in questions part of the story, and then there is the part, which holds the truth in the story. People are naturally born, to do everything in their power to make sure they can safeguard their existence. Despite, anyone found culpable with committing a criminal act or also not found guilty, of doing criminal acts likelihood of them meeting consequences for their conduct will likely be all the time. People will refute actions as such, to avoid consequences from being done to them. Police officers employees walk on eggshells with considering the use, with deception to discover the truth in the matter. This paper will discuss, Is it moral to lie to acquire the truth and do the ends justify the means of it, there a contention between the codes of ethics how police officer indeed led, the parts do physical conduct and nonverbal communication play in identifying deception also the conclusion. Is it moral to lie to acquire the truth and do the ends justify the means of it The ethical also moral behavior is personalities, which people contain even if many people cannot contain the similar level of the moral ground. Each person does have the free will to pick what he or she want to also the free will to think, which these are the basis for an individual to reach pursuit of happiness for an individual right and their life. Individuals only tell the truth when there is a benefit within it for them. However, it there is no benefit in it for them...
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...IN THE SUPREME COURT OF NIGERIA On Friday, the 1st Day of June 2012 Before their Lordship Walter Samuel Nkanu Onnoghen ..... Justice Supreme Court Ibrahim Tanko Muhammad Suleiman Galadima ..... Justice Supreme Court Nwali Sylvester Ngwuta ..... Justice Supreme Court Olukayode Ariwoola ..... Justice Supreme Court SC35/2010 Between Edwin Ezeigbo .... Appellant And The State .... Respondent Judgment of the Court Delivered by Walter Samuel Nkanu Onnoghen. JSC his is an appeal against the judgment of the Court of Appeal Holden at Abuja in appeal no. CA/A/51 C/2007 delivered on the 8 th day of January, 2008 in which the court dismissed the appeal of the appellant against the decision of the High Court of Niger State of Nigeria, Holden at Suleja in Charge No NSHC/SD/1C/2004 delivered on the 16 th day of December 2005 in which the court convicted the appellant of the offence of rape and sentenced him accordingly. The instant appeal is therefore a further appeal against the decision of the said High Court. The facts of the case include the following:-On the 8 th day of April, 2004 at about 4 p.m, PW.1 saw her two daughters Ogechi and Chioma ages 8 and 6 years respectively in the company of the appellant. The daughters were holding ice cream. When PW.1 called the two girls appellant changed direction and continued to walk away with the girls who also ignored their mother, PW.1. PW.1 became apprehensive and ran after appellant and the girls. On seeing PW.1 running towards them, appellant...
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...Allan Paulo Dela Fuente December 5, 2012 BSIS-1 English II 2:00-3:00 MWF Homonyms Homograph . 1. Present [Verb] - Give something: to give or hand something to somebody, often in humorously formal manner. Present [Adjective] - Currently happening: taking place or existing now. Example: John gives his present to Ramon in present party. 2. Object [Noun] - Something material that may be perceived by the senses. Object [Verb] - to put forth in opposition or as an objection <objected that the statement was misleading>. Example: There was an object of evidence to object in the court justice. 3. Project [Noun] - a specific plan or design: scheme. Project [Verb] - to devise in the mind: design. Example: They need to project to become the project success. 4. Bow [Noun] - to bend the head, body, or knee in reverence, submission, or shame. Bow [Noun] - The object used by the Archers. Example: The players make bow before they used the bow. 5. Minute [Noun] - the 60th part of an hour of time: 60 seconds. Minute [Adjective] - very small: infinitesimal. Example: Every minute there was a million minute bacteria multiply. Allan Paulo Dela Fuente BSIS-1 Homophone 1. Ate [Verb] - Past tense of eat. Eight [Noun] - A number that is more than seven. Example: He ate a delicious and juicy eight pieces of apple. 2. Beet [Noun] - a...
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...TABLE OF CONTENTS 1. Chapter-1: Introduction……………………………………………….………2 2.1. Jurisdiction: meaning; 2.2. Jurisdiction and Consent. 2. Chapter-2: Kinds of Jurisdiction………………………...…………...........…..5 3.3. Territorial or local Jurisdiction; 3.4. Pecuniary Jurisdiction; 3.5. Subject Matter Jurisdiction; 3.6. Original and appellate Jurisdiction. 3. Chapter-3: Lack of Jurisdiction and Irregular jurisdiction……………..…10 4. Chapter-4: Jurisdiction under S0ection -9 of CPC………….…........................23 5.7. Conditions; 5.8. Who may decide; 5.9. Presumption as to Jurisdiction; 5.10. Burden of Proof; 5.11. Exclusion of Jurisdiction; 5.12. Exclusion of Jurisdiction of civil court: Principles; 5.13. General Principles. 5. Chapter-5: Effects on a decree passed by the court without any jurisdiction…………………………………………………………………….....34 6.14. Essentials of decree. 6.15. Kinds of decree. 6.16. Place suing. 6.17. The effect on a decree passed by a court having no: 5.4.1. Territorial jurisdiction; 5.4.2. Pecuniary jurisdiction; 5.4.3. Subject matter jurisdiction. 6. Bibliograpgy……………………………………………………………………..35 CHAPTER-1 INTRODUCTION The fundamental principle of law that wherever there is a right, there is a remedy (ubi jus ibi remedium) has been adopted by the Indian legal system also. In fact right and remedy are but the two sides of the same...
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