Tuesday, January 28, 2020

Ethics & defined Essay Example for Free

Ethics defined Essay Ethics is commonly defined as the rules or standards governing the conduct of people. Gender is the social dimension of being male or female. Most people acquired gender identity by the age of three. War should be understood as an actual, intentional and widespread armed conflict between political communities. No nation can be expected to wage war with one hand tied behind its back, but ethical issues of most profound nature are raised anytime. Once the actuality of possibility of war becomes the context within which we live, men and women are forced into set roles. Gender serves as a medium or vector for war’s presence in our innermost social settings. This essay will discuss these ethical issues in war and their link to gender. Discrimination is one of the ethical issues in war. Women have always participated to some extent in combat, but several recent wars have seen them fighting on the front lines. While the roles of female ex-combatants vary widely the women seem to share one unfortunate characteristic, limited access to benefits when peace and demobilisation come. This is also true for girls abducted for sexual services and the families of ex-combatants in the receiving community. These groups are often neglected during mobilisation and reintegration; or at best women, girls, and boys may receive equal benefits but are treated as a homogenous group which prevents specific needs being addressed. (Goldstein, 2001 pg207-212) Sexual violence especially on women especially rape has its own brand of shame to recent wars. From conflicts in Bosnia, Peru and Rwanda women have been singled out for rape, imprisonment, torture and execution. Systematic rape is often used as a weapon of ethnic cleansing. More than 20, 000 Muslim girls and women have been raped in Bosnia since fighting began in 1992. Impregnated girls have been forced to bear the enemy’s child. (Human Rights Watch, 2000 pg12) Sexual violence of women erodes the fabric of community in a way that few weapons can. Rape’s damage can be devastating because of strong communal reaction to the violation and pain stamped on entire families. The harm inflicted in such cases in a woman by a rapist is an attack on her family and culture, as in many societies women are viewed as repositories of a community’s cultural and spiritual values. (UN, 2005 pg8) In addition to rape, girls and women are also subject to forced prostitution and trafficking during times of war sometimes with complicity of governments and military authorities. During World War II, women were abducted, imprisoned and forced to satisfy the sexual needs of occupying forces and many Asian women were also involved in prostitution during the Vietnam War. The trend continues in today’s conflicts. Nearly 80 percent of the 53 million people displaced by wars today are women and children. Refugee families frequently cite rape as the key factor influencing in their decision to seek refuge. (Alison, 2007pg78-83) The high risk of inflection with sexually transmitted diseases including HIV/AIDS, accompanies all sexual violence against women and girls. The movement of refugees and marauding military units and the breakdown of health services and public education worsen the impact of diseases and chances for treatment. The exchange of sex for protection during the civil war in Uganda in the 1980’s was a contributing factor to the country’s high rate of AIDS. (UN, 2005 pg131) Women suffer a double victimisation, in that they were compelled against their will to join the armed forces and today they are victimised by society for having played a combative role in the conflict. They are treated with hostility suspicion for ‘breaching’ both gender and sex roles. These women are largely excluded from disarmament and reintegration programmes of Sierra Leones peace process which favour men and boys. This especially occurs in Sierra Leone. (Human Rights Watch, 2000 pg7) Men and boys are also victims of gender based sexual violence during war. Women are raped as a way to humiliate the men they are related to, who are often forced to watch the assault. In societies where ethnicity is inherited through the male line, ‘enemy’ women are raped and forced to bear children. Sexual violation of children has devastating effects. The experience of captivity and sexual destroys a girl’s sense of home and security, of self worth and power of the possibility of safe interpersonal relationships, indeed of any future at all. Men tend to greatly underreport experiences of sexual violence. They may have doubts about their sexuality and fear infertility. (Carpenter, 2003 pg 661-694) A war is only just if it is fought for a good reason. A country that wishes to use military force must demonstrate that there is a just cause for doing so. Just war theory is the most influential perspective on ethics of war and peace. For a war to be just there must be a just cause, right intention, proper authority and public declaration, proper authority and public declaration, a last resort, probability of success, and proportionality. Pacifism is also an ethical issue in war. Pacifism rejects war in favour of peace. It is not violence in all its forms that the most challenging kind of pacifism objects to: rather is the specific kind and degree of violence that wars involves which the pacifists objects to. They object to killing in general and particular mass killing for political reasons, which is part and parcel of the war time experience. Most women are generally pacifists as compared to males. People are pacifists for one or some of these reasons: religious faith, non-religious belief in the sanctity of life and practical belief that war is wasteful and ineffective. Pacifism cannot be national policy as it only works when no one wants to attack your country or if the nation with whom you are in dispute is also committed to pacifism. Because most societies regard going to war as fulfilling a citizens’ ethical duty, they honour those who give their lives in war. If there is believe in war governed by ethics we should only honour those who give their lives in a just war and who followed the rules of war. It should be wrong to honour dead soldiers who killed the enemy or wounded or raped enemy women. (Harris and King, 1989 pg78) (Goldstein 2001) defines war as lethal inter group violence and feminism as an ideology opposing male domination and promoting gender equality. Cross cultural consistency of gender wars is pervasive and not universal. Women have fought in wars but are portrayed as exceptions to the gender rule that men are warriors. Gender exclusion from combat is by policy choice not by physical ability, women can and do fight. There is no support for arguments regarding predisposition to aggression and little support for the hypothesised link between testosterone and aggression. Gender is portrayed as a weapon to humiliate a military opponent or to discredit peace activism and political dissent from military policy. A recent example is, Secretary of Defence Donald Rumsfield’s remark about â€Å"media mood swings† in regard to criticism of the war in Iraqi, a reference clearly intended to evoke the archetype of the â€Å"irrational† menstrual/menopausal women. Rape in war as well as military homophobia underlies exclusion of policies aimed at sexual minorities. Neither men nor women benefit from war at the expense of the other, both genders lose in war. Neither genetics per se, nor hormones (males or female) nor male bonding nor women’s innate pacifism explain gendered war roles. (Suzzane, 2002 Pg 407). The interdependence between war and gender is obscure. However it is clear that it is not soldiers who make war but societies that make war. War does not happen without women’s knowledge cooperation, and participation, however few or many actually take up arms and engage in battle. War is based on a dominatory approach to relationships in which the usual overriding aim is to get the better of or overcome the other who is framed as an opponent or competitor. Gender as we know it, which positions men as dominant and characterises them as aggressive and heroic, is fundamental to the culture of domination of which war is an expression. The human resources of moral sensibility and decency have been buried or seriously depleted. The impetus towards peace that is so necessary in ending of violence conflict is diminished by the discouragement of half the population from active participation. A gendered perspective of human security enables a more advanced understanding of the perspectives of those involved in conflict including victims’ perpetrators and decision makers.(Zeigler and Gilbert, 2006) References Alison, M. (2007) Wartime Sexual Violence: Women’s human rights and questions of masculinity, Review of International Studies Pg 75-90 Carpenter, R. C, â€Å"Women and Children First†: gender norms and humanitarian evacuation in the Balkans, International Organization 5, 7, 4, 2003, Pg 661-694 Cohn, C â€Å"Sex and Death in the Rational World of Defence Intellectuals, Signs, Vol. 12, No. 4 1987 Pg 687-78 NO1101 Harris, A and King, Y (eds) Rocking the ship of state: Towards a feminist peace politics, Bovider, C. O West view press 1989. Human Rights Watch (HRW) 2000: Rape as a weapon of Ethnic cleansing HRW, March 1. Jousha S. Goldstein (2001) War and Gender: How Gender shapes the war system and vice versa. Cambridge University Press Pg 201-213. Moser N, and Clark F (eds), victims, Perpetrators or Actors: Gender, Armed Conflict and Political Violence; London Zed Books 2001, V. 64. Nashim: A Journal of Jewish Women’s studies Gender Issues. Rosemarie Skaing (1999) Women at War: Gender issues of Americans in combat: McFarland and Company: North Carolina and London ‘Symposium on war and Gender, (2003) (Reviews of Goldstein’s Book) Perspectives on policies, 1, 2, 330-347 The state of World’s Children 1996. UNICEF United Nations (2005): Africa Renewal â€Å"Sexual Violence, an ‘invisible war crime’ Warren, J and Cady, L (1994) Feminism and Peace: Seeing connections’ Hypatia special Issue on Feminism and peace Pg 7-14. HQ1101. World Bank (2002) Addressing Gender Issues in Demobilisation and Reintegration Programs, Africa Region Working Paper Series 33 Zeigler, S and Gilbert, G (2006) The Gendered Dimensions of Conflicts Aftermath; A

Monday, January 20, 2020

The Meaning of Being American Essay -- American Citizenship Patriotism

The Meaning of Being American What does it mean to be an American? Can this statement ever really be defined since America is a melting pot of different races, religions, political views, social views and so on and so fourth. To be an American can mean virtually anything and whether or not somebody supports national symbols is just another part of being and American. As Americans we have the right to disagree with the government, the right to protest against something unjust, the right to burn a flag in disgrace because after all we have freedom of speech. To some these things are un-American, but to others they are the reasons America is such a wonderful place to live. There is no definite answer to this question, but many different possibilities. Like any other country America has national symbols such as the American Flag, the Pledge of Allegiance, and the â€Å"Start Spangled Banner.† To be an American means that you support these things to fullest extent and hold them in the highest regard. This means that When the National Anthem is played or the Pledge of Allegiance is recited, it is our duty as Americans to stand, remove our hats and cover our hearts as a sign of the utmost respect. These symbols are a sign of our heritage. They stand for what we believe in, who we are, and where we come from. We are Americans. We believe in life liberty and the pursuit of happiness. True Americans speak the national language, English, and know that America is a one of a kind country that cannot be beat. We have worked hard over the years to become the wealthiest and the most prosperous country in the entire world. As Americans we have the right to drive a Hummers, the right to live in luxurious houses, because after all we’... ...unds for music and art education, and library books for their children, by issuing the products of their kitchens: cookies, bundt cakes, lumpia, spring rolls and ribs. Watch the kindergartners dance the Hula!† America is a place where freedom of speech prospers. Some people believe that America stands for one thing while others believe it stands for completely opposite things. The first stance I wrote about it a viable stance, but it lacks one thing, freedom. To be American doesn’t mean one thing, it means that you are open to anything, no matter how outlandish it may be. America is country that was founded on freedom, happiness, and love. Over the years many of these qualities have been lost to greed, corruption, and hatred. If we ever want to return America to its former glory we must open our minds, our eyes, and our hearts to people different from us.

Sunday, January 12, 2020

Daubert V. Merrell Dow Pharmaceuticals

Daubert v. Merrell Dow Pharmaceuticals Brandon Pond New England Institute of Technology Case Studies in Criminal Forensics CJ 372. 57 Professor Michael Pezzullo October 24, 2012 Daubert v. Merrell Dow Pharmaceuticals The 1993 Supreme Court case of Daubert v. Merrell Dow Pharmaceuticals, like many high-profile court cases, set a precedent for future court causes of a similar background. Merrell Dow Pharmaceuticals was a pharmaceutical company based out of Kansas City, Missouri which was founded in 1950.Originally named â€Å"Marion Laboratories† after its founder Ewing Marion Kauffman, Merrell Dow Pharmaceuticals specifically developed pharmaceuticals that had yet to be marketed by other pharmaceutical companies after being discovered and researched. As a result, Merrell Dow Pharmaceuticals are credited for producing several high-quality and extremely popular drugs even in modern day, including the Nicorette anti-smoking gum and Cepacol mouthwash.However, in an attempt to recei ve credit for popular and effective pharmaceutical production over other companies, Merrell Dow Pharmaceuticals earned a reputation of producing drugs without sufficient research of potential side-effects. As a result, Merrell Dow Pharmaceuticals were I involved in an extremely high-profile U. S. Supreme Court case, titled â€Å"Daubert v. Merrell Dow Pharmaceuticals. This 1993 court case put pressure on the pharmaceutical company to close their doors and sell the company just three years later in 1996. Jason Daubert and Eric Schuller were both born in San Diego, California with visible physical defects.At birth, Daubert was missing three fingers on his right hand and was missing a bone in the lower part of his right arm. Schuller was born without a left hand and a leg which was shorter than the other. In 1993, Daubert and Schuller, along with their parents, elected to sue Merrell Dow Pharmaceuticals, the manufacturer of the drug Bendectin, an anti-nausea medication both the boysâ €™ mothers were prescribed and consumed during their pregnancies. Bendectin had been already removed from the market in 1983 after numerous claims that the medication ad caused birth defects in children. Despite the claims that the drug had caused birth defects in a number of children, scientific research behind Bendectin showed no evidence that the drug is question produced birth defects in fetuses. The case was taken to a California state court, where it was ultimately moved to a Federal Court following a successful motion of diversity, ultimately meaning if a party in a case is established in a state differing from the state where the trial is being heard, the trial can be upgraded to a federal court.At the federal court trial, Merrell Dow Pharmaceuticals presented an expert witness, Dr. Lamm, who provided his opinion tht Bendectin has no proven components that are consistent with causing birth defects in humans. Following the expert witness presentation, Merrell Dow Pharmace uticals filed a motion for summary judgment, stating that following their presentation of a certified expert witness that stated Bendectin does not have components which produce birth defects, there was no longer a necessity for continuation of the trial.Schuller and Daubert, however, submitted a total of eight expert witnesses of their own possessing various accreditation and credentials, stating that Bendectin indeed had the potential of causing birth defects in humans. The eight expert witnesses expressed their opinions based upon a scientific study regarding in-vitro and in-vivo techniques during animal studies. During the time in which the case was heard in 1993, in-vitro and in-vivo animal testing was not recognized as a legitimate methodology that had not yet been established as common practice within the scientific community.As a result, the expert witnesses presented by Schuller and Daubert were deemed inadmissible in court, and Merrell Dow Pharmaceutical’s motion fo r summary judgment was approved at the district court level. Daubert then appealed their case to the appellate court at the 9th circuit court of appeals, re-introducing their expert witnesses’ opinion that Bendectin indeed can cause birth defects, backing their opinions with in-vitro and in-vivo research. The 9th circuit court determined that the district court had correctly approved Merrell Dow Pharmaceutical’s motion for summary judgement, using the 1923 U. S.Supreme Court Case Frye v. United States as their basis for their decision. Frye v. Unites States dealt with the inadmissibility of a blood-pressure lie-detection method into court proceedings because it had not yet become â€Å"generally accepted† as a reliable scientific practice. In addition, the 9th circuit stated that it was the court’s opinion that the evidence in which Daubert and Schuller were presenting was designated for litigation, and without their presentation of expert witnesses, Daub ert and Schuller had no sufficient evidence to prove that the Bendectin drug indeed can cause birth defects in humans.The 9th circuit court upheld the U. S. district court’s decision, but filed a motion of certiorari to the U. S. Supreme Court, anticipating the higher court to review their decision on the case, a motion the U. S. Supreme Court ultimately agreed to hear. At the U. S. Supreme Court, the court determined that â€Å"general acceptance† is not a justified precondition of the admission of scientific evidence into court. According to the Federal Rules of Evidence, there is no requirement that specifically stated that scientific evidence has to have a â€Å"general acceptance† in order to be admissible into court.In particular, Rule 702 of the Federal Rules of Evidence states that the judge during the trial has the discretion to determine whether or not an expert witnesses’ testimony is based upon a â€Å"reliable foundation† and is  "relevant to the task at hand†. The Supreme Court also determined that any evidence with â€Å"scientifically valid principles† will be sufficient to fulfill the two aforementioned requirements. Ultimately, the U. S. Supreme Court overturned the decision of the 9th circuit court of appeals, and eliminated Frye v.United States from judicial review practices during determination of evidence admissibility. After having the case reintroduced into the lower court, the lower court again sided with Merrell Row Pharmaceuticals, determining that there was no sufficient evidence that the use of in-vitro and in-vivo research methods fulfilled the task-relevancy and reliable foundation requirements. Despite the ruling, the Rule 702 of the Federal Rules of Evidence, currently known as the Daubert Test, has fully replaced the Frye Test in all evidence admissibility review cases.Overall, the Daubert v. Merrell Row Pharmaceuticals case has played an overwhelmingly significant role in m odern day Criminal Justice and the way court proceedings are carried out. This case is responsible for single-handedly changing the landscape in which evidence is analyzed for admissibility. Prior to this case, evidence admissibility was based around a U. S. Supreme Court case that was decided way back in 1923, 70 years prior to the Daubert case. The Frye Test had simply lost its base in modern day Criminal Justice, and the Daubert Test rovides justices within a court setting to have the overall determination of whether evidence fulfills two simple requirements. As more and more cases are presented into criminal courts, and more technological advances are produced, statutes, laws, and precedents need to change to accommodate for the new technology. In this instance, the Frye Test surrounded a blood-pressure style lie-detection test, technology that was so advanced and profound that it hadn’t even been considered an accepted scientific practice.In modern day, there are even mo re advanced forms of lie-detection software that individuals involved in the Frye v. United States case could not even imagine. There is no question that there needs to be some sort of decisive test to determine what types of evidence should be admitted into court proceedings, and what types of evidence should be excluded. Not all evidence can be included, because there would be no way of determining the credibility of the evidence being introduced into court.It would simply not be fair to a defendant at trial to be incriminated using evidence that isn’t proven to be sufficient, and would not otherwise pass some sort of evidence admissibility test. By using the Daubdert admissibility test, however, it provides judges leading a trial proceeding to have the overall determination of whether or not evidence fulfills the Daubert Test. The Daubert Test states that evidence must both have â€Å"scientifically valid principles† and must be â€Å"relevant to the task at handâ € .This may sound like a productive test for all evidence. I agree that the Daubert Test is indeed a good test, though only to some degree. One of the justices that heard the Daubert v. Merrell Dow Pharmaceuticals case at the U. S. Supreme Court level admitted that while he understood his ability to have the overall determination of all evidence admissibility in the case, the magnitude of scientific advancements involved in the case was certainly out of his expertise, as well as the other justices within the U. S. Supreme Court.I do not feel it is right to put evidence admissibility into the hands of justices whom have a expertise in legal practices and the judicial system, rather than bimolecular engineering, pharmaceuticals, or any other scientific field. However, with that said, I do feel that the Daubert Test is certainly a step in the right direction. I firmly believe that the Daubert Test will uphold until another case similar to the Daubert v. Merrell Dow Pharmaceuticals c ase will force new improvements into the standards of evidence admissibility. Works Cited Angier, Natalie. Two Pre-decision Articles on the Daubert Case (rules forscientific evidence). † Free Legal Information & Forms | The ‘Lectric Law Library. The New York Times, 2 Jan. 1993. Web. 24 Oct. 2012. ;http://www. lectlaw. com/files/lit03. htm;. Annas, George. â€Å"Legal Issues in Medicine. † Scientific Evidence in the Courtroom — The Death of the Frye Rule. Version 330. Georgetown University, 7 Apr. 1994. Web. 24 Oct. 2012. . BRODY, JANE E.. â€Å"SHADOW OF DOUBT WIPES OUT BENDECTIN – NYTimes. com. The New York Times – Breaking News, World News & Multimedia. The New York Times, 19 June 1983. Web. 24 Oct. 2012. . â€Å"Daubert v. Merrell Dow Pharmaceuticals, 509 U. S. 579 (1993).. † LII | LII / Legal Information Institute. N. p. , n. d. Web. 24 Oct. 2012. . Mahle, Stephen. â€Å"An Introduction to Daubert v. Merrell Dow. † DaubertEx pert. com. N. p. , n. d. Web. 24 Oct. 2012. .

Saturday, January 4, 2020

Chemical Dependency And Substance Abuse - 1303 Words

Many people have turned to substance abuse or experience chemical dependency for a variety of reasons. Nurses experience chemical dependency as well. According to Kunyk (2013), â€Å"healthcare professionals, including nurses, are also potentially vulnerable to substance use disorders regardless of any special knowledge, skills or insights they might have owing to their education and professional experiences† (p. 54). This paper will define what chemical dependency is, report causes of chemical dependency in nurses, describe behaviors associated with chemical dependency, and explain what needs to be done upon reentry into the work place. First of all, chemical dependency or substance abuse is a more specific term for addiction. Addiction is defined as â€Å"a compulsive and maladaptive dependency on a substance (alcohol, cocaine, opioids) or a behavior (gambling, viewing pornography)† (Kaiser, 2011, p.113), while chemical dependency specifically pertains to the dependency of a substance. Kaiser (2011) states that there are consequences to chemical dependency, whether it be â€Å"psychological, physical, economic, social, or legal† (p. 113). When one overuses substances such as alcohol, opioids, or amphetamines, there is a chance that the body will get used to the chemical effects of the drugs. This can lead to tolerance and eventually withdrawal. Tolerance â€Å"represents a cellular adaptation in a pharmacologically active substance so that increasingly larger doses are required to produceShow MoreRelatedSubstance Abuse and Chemical Dependency1703 Words   |  7 Pageswebsite, Substance abuse is use d to describe a pattern of substance (drug) use leading to significant problems or distress such as failure to attend work/school, substance use in dangerous situations (driving a car), substance-related legal problems, or continued substance use that interferes with friendships and or family relationships. Substance abuse, as a disorder, refers to the abuse of illegal substances or the abusive use of legal substances. Alcohol is the most common legal drug of abuse. 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