Thursday, February 27, 2020
English Property Law Essay Example | Topics and Well Written Essays - 750 words
English Property Law - Essay Example Intellectual property is also integral to property law. One of the reasons for the promulgation of the law is the need to create distinction between real property and personal property (Worthington 2000 92). Of course, one of the most important goals of those that promulgated the law is to ensure that the conflicts that arise on the ownership of property will be reduced as much as possible. One of the instances that can be used to truly certify that the English property system is more pragmatic than theoretical is the manner in which judges give judgement in cases, precisely those that pertain to property law. Instead of strictly following what the statutes say, most judges would rather rely on logic. Lockeââ¬â¢s theory of property also seems to reiterate this point. This is because Locke begins his arguments my stating that, at inception, property was personalââ¬âmeaning that there were no individual owners. However, the persistence of this state of thing will mean that no on e would be able to use land, for example, for individual or communal benefit. Locke recognizes that there is the need to create a system in which individuals can lay claim of ownership to what was hitherto communally owned (Tully 1980 34). This aspiration would be impossible if one desires to get the assent of every member of the community. It can only happen when individuals begin to exchange something in return for what they desire. At the very inception, it was their bodily sweat; later, it was valuable property; and finally it became money. The introduction of money meant that the yardstick for separating the wealthy from the poor had been established. By interpretation, one could assume either of these two opinions. First, one could conclude that the flexibility, rather than the rigidity, of the English property law has really helped to limit the level in which every Tom, Dick and Harry who is a capitalist would be able to turn personal property into real property. Secondly, on e may conclude, on the other hand, that flexibility of the English property law (which is best established in the practical sense) has helped to materialize the desire of the capitalist to convert most of what was formerly owned communally into real property. On the whole, one would discover that Lockeââ¬â¢s property theory favours capitalism as against communalism. What Locke defends is that money can be the solution to all problems (Tully 1980 52). Even in England, this seems to be true because if anybody is rich enough to employ the services of a proficient lawyer, the case is close to being won already even before any judgment is pronounced. The lawyer would be able to also turn the odds to favour their client. The English property is very fluid in nature. Most lawyers, hence, take advantage of this. They have been able to make the English property law, which to an average person would appear as one of the most rigid laws ever, into one that has become very flexible (Worthing ton 2000 97). For instance, there is really no clear distinction between real and personal property again. This is because lawyers have been able to interchange them, through interpretation, to suit the demands of their case. What lawyers have been able to accomplish may not really be as a result of their ingenuity but as a result of the fact that the law itself has created the lapses. For example, normally, the English statute would recognise an estate owned by a family as
Tuesday, February 11, 2020
The War on Polio and Other Wars Essay Example | Topics and Well Written Essays - 1000 words
The War on Polio and Other Wars - Essay Example The war on polio was waged against the disease through the democratic effort of then President Franklin Delano Roosevelt, who is a polio victim himself. The war on polio became a huge success because of his efforts. However, aside from polio there were other wars waged by America and many of them did not attain the same success as the war on polio perhaps because of what the other administrations failed to do. The joint efforts of the government and the people themselves helped in the success of the war against polio. Former U.S. President Franklin Delano Roosevelt was afflicted with polio since 1921 and even until he became President in 1933. In 1937, Roosevelt, partly because of his own affliction and perhaps because of his genuine concern for children affected by the polio virus, instituted the National Foundation for Infantile Paralysis (Kluger). The National Foundation used the latest advertising, fund raising, and research to find a cure for polio, or perhaps some management te chniques, and most of all to reduce the disease into something that should not be feared (Oshinsky 5). The war on polio became successful because it was all about democratic effort and was greatly supported by people from all sectors, as the whole American nation participated in the annual galas held in the whole country during Rooseveltââ¬â¢s birthday. ... Thus, the case of polio concerned everyone. The people whose responsibility is to find a cure for it were under a huge pressure not only from the President but also from the whole nation, and so its success was inevitable. As the National Foundationââ¬â¢s director of research from 1946 to 1953, Harry Weaver deserves much of the credit for the development of the vaccine against polio. Moreover, his efforts at convincing Jonas Salk to work on the cure for polio virus instead of influenza were greatly instrumental to the success of the vaccine. Aside from Weaverââ¬â¢s convincing power, the foundationââ¬â¢s first check for Salk amounting to $41,000 plus money from other sources also greatly helped (Oshinsky 112,116). Nevertheless, the main factor, perhaps, that made America win the war on polio was its efforts to cooperate with other countries, and even with the Soviet Union, and to set aside political differences first before medical concerns. From 1963 to 1999, the Sabin live vaccine proved to be more efficient than the Salk killed vaccine because the positive results were immediate in the former. However, since the whole country was then already using the Salk vaccine, Sabin decided to test his vaccine in the late 1950s in the Belgian Congo and in the Soviet Union, despite the Cold War and the political tension between the United States and the Russian country (ââ¬Å"Two Vaccinesâ⬠). With such diplomacy and urgency, countries were able to set aside political differences first and learned how to develop a mutual agreement to focus on the more urgent issue at hand. Thus, the war on polio was won. The war on AIDS is not as successful as the war on polio because of several reasons but one of them is the growing hesitation of the American government to
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