Climate Zones Essay Essay Example

Climate Zones Essay Paper The word is divided into 6 clime zones. These zones depend on several factors. The first is temperature ; if a state lies near the equator it tends to be hot ; but if it’s near the poles it tends to be colder. A state can besides hold a cold clime if it’s really cragged with most of its land sitting good above sea degree. Wind way can besides act upon clime. If air currents are being blow from a hot country they will raise temperatures. the antonym is besides true. If air currents have been blown from cold countries. they will take down temperatures. Closeness to the sea is besides of import in make up ones minding a state clime. That’s because the sea can non warm up or chill down every bit much as land. So coastal countries don?t truly experience extremes in temperature. but countries and states good off from the influences of the sea can acquire really hot and really cold. We will write a custom essay sample on Climate Zones Essay specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Climate Zones Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Climate Zones Essay specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Not every portion of the universe has the same seasons either. We have four seasons ; summer. winter. autumn and spring. However. some states merely have two seasons. A moisture season and a dry season. whilst states on the equator can hold the same temperature and conditions all the yearlong. There are 6 different clime zones. These are temperate. where winters are cold and summers are mild ; polar where its really cold and dry and all twelvemonth long ; arid. here its corsets dry and hot ; tropical. where it stays hot and wet all of the twelvemonth ; Mediterranean. where the winters are mild and the summers hot and dry ; cragged. where it stays really cold throughout the twelvemonth. TEMPERATE ZONE Temperate climes don’t have extremes of temperature or rainfall ; it’s neither excessively warm or excessively cold. excessively wet or excessively dry. Temperate clime can be rather mutable. one twenty-four hours it could be raining. the following that may be cheery it is besides really hard to calculate. POLAR ZONE Polar climes stay really cold throughout the twelvemonth. They include the tundra and ice cap climes. where temperatures stay below stop deading all of the clip. ARID ZONE Arid climes are usually hot and besides really dry so they have terrible deficiency of H2O. TROPICAL ZONE States near to the equator. where the conditions is hot and humid have tropical clime. In tropical clime during the moisture season. it can rain really to a great extent about every twenty-four hours. MEDITERRANEAN ZONE A Mediterranean clime produces hot. dry and cooler wetting agent winters. This type of clime occurs in parts around Mediterranean Sea ; but you can besides acquire a Mediterranean-style clime. MOUNTAINOUS ZONE A mountain clime normally refers to states with high lands accordingly ; the clime is usually cold and with occasional snow. Alpine climates dwelling of glaciers. high degree grazing land and rare works life are besides included in this clime zone. Climate Change Scientists believe that the world’s clime is altering as a consequence of the immense measures of C dioxide and other nursery gases that were pumping into the Earths atmosphere. This had led to progressively unpredictable and utmost conditions so as the Earth heats up in the old ages in front. we may happen that the clime in each of these zones could alter excessively. Four cases. our polar parts may see milder conditions doing the ice caps and permafrost to run. Some scientists besides believe that clime alteration may besides do the Amazon part much drier ensuing in the large-scale devastation of tropical rain forest. Summary: The Earth has six clime zones ; temperate zone. polar zone. waterless zone. tropical zone. Mediterranean zone. and cragged zone. TEMPERATE ZONE Temperate climes don’t have extremes of temperature or rainfall ; it’s neither excessively warm or excessively cold. excessively wet or excessively dry. POLAR ZONE Polar climes stay really cold throughout the twelvemonth. ARID ZONE Arid climes are usually hot and besides really dry. TROPICAL ZONE In tropical clime during the moisture season. it can rain really to a great extent about every twenty-four hours. MEDITERRANEAN ZONE A Mediterranean clime produces hot. dry and cooler wetting agent winters. MOUNTAINOUS ZONE The clime is usually cold and with occasional snow. CHANGE IN THE FUTURE: World’s clime is altering as a consequence of C dioxide and other nursery gases that were pumping into the Earths atmosphere. This had led to progressively unpredictable and utmost conditions so as the Earth heats up in the old ages in front ; the clime in each of these zones could alter excessively.

Introduction to Law Contract Essay Example

Introduction to Law Contract Essay Example Introduction to Law Contract Essay Introduction to Law Contract Essay Essay Topic: The Social Contract Public, private, private members and hybrid bills are all forms of what eventually becomes primary legislation also referred to as an Act of Parliament. Like many proposed laws and law changes primary legislation starts life as a white paper, this is a statement of policy from the government. These white papers are often subject to scrutiny in the House of Commons before being introduced as a bill at the first reading. Once the bill has been introduced it will pass through both the House of Commons and the House of Lords for consideration. At the second reading it is open to debate but cannot be amended. If the bill is passed at this stage it then moves through a number of committees in the House of Commons whole house, standing and select committee. At these committees the bill can be debated and amended before moving onto the report and third reading stages. If approved at both of these stages the bill will then be presented to the Queen for Royal Assent. This is the final stage of law making and Royal Assent confirms the bill as an Act of Parliament and at this stage it becomes statute. Judges are required to apply primary legislation in court cases without exception, but can use their interpretation of the legislation where applicable. Delegated legislation is a term used to describe laws and regulations made by authorised bodies or persons such as ministers or local authorities using powers bestowed on it by an Act of Parliament. Each item of delegated legislation is usually known as a statutory instrument but the Queen by Order in Council can make some delegated legislation. This is often the case in time of emergency i.e. to impose sanctions. Byelaws are made by delegated legislation but generally operate only in the locality of their creation. Delegated legislations can be challenged either in court through judicial review or as part of the defence. One of the reasons to challenge may be because the legislation is deemed to be ultra vires, or beyond the powers of the body or institution that passed the legislation originally. Judicial precedent is the process by which judges can use the decisions of previous cases as the authority for the basis of their decision, as long as there is sufficient likeness in the facts. There are some key principles that should be followed when using judicial precedent. All courts are bound to follow the decisions of a higher court. This is known as stare decisis to stand by the decided. The binding principle of judicial precedent is ratio decidendi the reason of the decision. This is a statement by the judge of the legal principles being applied in the case and it is only this statement that gives ratio decidendi. If there has been no previous precedent set then a judge may declare the law and an original precedent is set. This may then be used in later cases as the precedent. Legislation formed in the European Community comes in the form of regulations and directives made by the Council of Ministers of the EU made up of government ministers from member states or the Commission, which is made up of senior officials from the member states. EU Legislation focuses on a wide range of issues such as trade, agriculture, social policy, employment and the environment. European Union legislation drawn up by a member of the European Parliament and is proposed by the Commission before being discussed and voted on by the Parliamentary committee. Sensitive issues such as agriculture, social policy and taxation need to be agreed unanimously by the Council of Ministers in order to be passed but a system known as Quality Majority Voting is used to decide the majority of issues. Each member state has an allocation of votes according to its size and population. As long as at least half of the member states and at least half of the EU population are in agreement, the legislation can be passed. Issues decided by unanimity do not need to be agreed by the European Parliament but its advice can be sought and in some instances the legislation cannot be passed until the advice or opinion of the Parliament has been sought. The European Communities Act 1972 gives the UK governing party the ability to change existing legislation to reflect new European legislation. All of the forms of law previously mentioned are intrinsically linked in various ways. When a judge is presiding over a case in a UK court he must absolutely abide by primary legislation as this the highest form of law in the land. Coupled with this he must consider delegated legislation but the ability to challenge is available if the legislation is considered to be outside the jurisdiction of the body or institution that created the legislation in the first place. This is known as ultra vires. Depending on the level of the courts hierarchy at which the case is being heard, judicial precedent can come into effect if the material facts of the case being heard are close enough to that of a previous case in which a judgement has been set. An inferior court in the hierarchy must abide by the decision made previously if it was made in a superior court. Alternatively, if the precedent was set in an inferior court to the current one, the judge may make a new decision and this becomes the new precedent for future use. The European Communities Act 1972 gives the UK government the ability to change existing legislation to reflect new European legislation or to ensure that any areas of incompatibility are aligned. This effectively means that all European regulations and directives can be considered in a UK court of law and so sit alongside all UK legislation. Distinguish between an offer and an invitation to treat. An offer can be described as a statement by which the offeror (person making the offer) promises to be bound so long as the terms of the offer are accepted by the offeree (person accepting the offer). When an individual or a company makes an offer it can be made to another individual, a group of persons or to absolutely anyone in the world (Carlill v Carbolic Smoke Ball Co Ltd (1893)). In simple terms, an offer is predominantly in the form of a question Will you buy this item for à ¯Ã‚ ¿Ã‚ ½xx? A positive decision made by an individual to pay the stated price for the item results in an acceptance of the offer and therefore a contract is formed. However, this is not always the case. In some cases an offer is preceded by an invitation to treat. An invitation to treat is the initial stage at which an individual or a company (invitor) indicate that they are willing to enter into a contract or agreement but that the terms of that contract or are yet to be determined. Some of the ways in which the invitor can invite offers include:- 1. Displays of goods in stores this merely shows what items are available and on which offers can be made (Pharmaceutical Society of GB v Boots Cash Chemists Ltd (1952)). 2. Advertising the advert is acting as a shop window to all intents and purposes. As the advertiser may only have a finite amount of stock they could only possibly have intended the advert to be an invitation to treat (Partridge v Crittenden (1968)). Where the advertiser is making a promise, such as a reward, this could be classed as a unilateral agreement and therefore distinguished as an offer as no further negotiation is intended (Carlill v Carbolic Smoke Ball Co Ltd (1893)). 3. Tenders a tender is an invitation to provide goods or services for a price. The person or persons inviting the tenders will then choose a bid that suits their requirements. Until the person inviting the tender has made a decision to accept a tender there is no contract formed (Spencer v Harding (1870)). 4. Auctions the lots or items displayed are the invitation to treat. Any bids made by individuals or companies are offers and the auctioneer may decide to accept or reject such offers (Payne v Cave (1789)). In summary, an offer is a promise by an offeree to enter into a binding agreement, assuming all terms specified by the offeror are accepted. An invitation to treat is the stage prior to an offer in most cases and simply shows willingness by the invitor that they are prepared to enter into negotiations, which may or may not lead to an offer and subsequent acceptance. When two parties have come to a contract or rather what appears, on the face of it, to be a contract the fact that one party is mistaken as to the identity of another does not mean that there is no contract, or that the contract is a nullity and void from the beginning, per Lord Denning MR in Lewis v Averay (1972). How far is the above statement a true reflection of the law? In order to claim a case of mistaken identity there must be at least one of two principles proven. Firstly, the party alleging the mistake must show that he has confused the other party with someone else. In addition, he must be able to show that he had a reason to wish to deal with the intended person. Secondly, the party alleging the mistake must be able to show that he had made reasonable attempts to establish the identity of the party with whom they were intending to form a contract. For a contract to be voided void ab initio, from the beginning, it must be rescinded before the rogue passes the property on to a third party. If this is not the case then the rogue has good title to the property and can pass on the property with good title. In the case of Lewis v Averay (1972) the identity of the rogue was not apparent until after the attempted cashing of the cheque so the rogue had good title throughout the transaction (Phillips v Brooks (1919). The only way Lewis could have voided the transaction would have been to inform the police that the fraud had taken place prior to the goods being passed on and that would have rendered the contract voided. Had Lewis taken further steps at the outset to establish the identity of the rogue he may have been successful in his claim (Ingram v Little (1960)). According to Lord Denning MR in Lewis v Averay (1972), Mr Lewis was only questioning the creditworthiness of the rogue when asking him for identification and therefore the contract was already formed and valid. Receipts had been written and exchanged, along with the cheque. The issue of the identity of the rogue only came to light when Lewis tried to cash the cheque. Because the contract was not voided prior to the property changing hands, the third party (in this case Averay) has acquired good title to the property (Phillips v Brooks (1919)). Had the rogue not sold the property on to a third party the contract would have been between the rogue and Lewis so therefore the contract would have been voidable for fraudulent misrepresentation (Lake v Simmons (1927)). This area of the law is subject to debate among many judges but they all do seem to agree that the case of mistaken identity is classed as a unilateral mistake and the effect on the contract is to void it. However, this only true when the person who makes the mistake was actually intending to form a contract with a specific person and for a specific reason (Cundy v Lindsay (1878)). When the person makes a mistake about the identity of the person in his presence (whether misrepresented or not) but was willing to form a contract with the person in his presence, then the law states that the contract is valid (Phillips v Brookes (1919) Lewis v Averay (1972)).

Political-economic ideologies, the nonprofit sector, the American Essay

Political-economic ideologies, the nonprofit sector, the American welfare state in the USA, and policy prescriptions for p - Essay Example Thus, at some point, the complex battle of these political parties complicates the deliberation and implementation of certain social and economic policies on the practical grounds. In this paper, analysis of the three major political positions will be discussed; namely, the left, the right, and the centrist movements. In here, we can see how the political spectrum affects the government, the private sector, and the non-profit organizations in the society as they try to give solutions to the problems of poverty and social welfare. The Right Conservatism, liberalism, libertarianism and nationalism are the common terms associated with rightist movement. The right usually pertains to the Republicans in the United States as influenced by Nixon, Raegan, Goldwater, Gingrich, Mc Carthy and many others (Bell xii). The origin of this movement can be drawn back from the ideas of aristocracy and monarchism. In this perspective, the preservation of control in the government usually takes over the policies for economic and political strategies (Bell 56). Basically, the rightist position in economic policies gives more focus on the ‘free-market’ system (Bell 463) which consequently supported the growth of capitalism in the community.

Time Management and Nursing Burnout Essay Example | Topics and Well Written Essays - 1750 words

Time Management and Nursing Burnout - Essay Example The time management techniques have been fairly well covered in the book chapter. We are exploring an article here which goes beyond just time management to relieve a person of stress and make his life more valuable. This article can be said to be of the type of self-care or self well being. This is absolutely an essential component in order to avoid a burnout. We will study some dimensions associated with the job of a person which should be satisfied for him to continue working. The absence of these dimensions can lead to burnout of the individual. We will initially review the article written by Matuska Christianen which has been attached in appendix A. This paper presents a proposed model of lifestyle balance that meets biological and psychological needs within the unique environment of individuals. The writer of the article claims that once the biological and psychological needs of the individuals are in alignment with the environment of the individual; the level of stress faced i n the work is reduced and the person is able to enjoy his job fully. This article claims well-being as the lack of stress during the work. ... are in alignment with the environment of the individual; the level of stress faced in the work is reduced and the person is able to enjoy his job fully. This article claims well being as the lack of stress during the work. The person should be satisfied with his work and look forward to do it every day to avoid stress and improve his well being. The article presents five factors, dimensions or conditions which need to be satisfied in order to achieve physical and mental well being. These 5 dimensions are essential for the well being of an individual and are thus key factors in preventing work related stress. The first dimension is biological health and physical safety. These can be said to be the most basic needs of the individual. If these are not satisfied it leads to a lot of stress and the person finds it extremely difficult to continue in the job as he faces a large amount of stress. The first dimension is the foundation upon which all other dimensions and the endeavors of the h uman being rest. The second dimension discussed in the article is rewarding and self-affirming relationship with others. This can be said to be the need for affiliation. A person wants his co-workers and those with which he works to appreciate the good work done by him. It can be easily seen in nursing that relatives of a patient might blame the nurses for any failure in health of the person. These accusations may not have any basis but increases the stress level of the nurse which leads to disillusionment with the job. Rewarding behavior discussed in this dimension need not be reward given by a third party. This may even by the reward which an individual decides to give himself for sticking to an action plan or achieving a target which was decided earlier by him. The third dimension

The market entry strategy of international fashion brand Essay

The market entry strategy of international fashion brand - Essay Example he purpose of insuring the correct market entry of the designer brand, so that the company does not face any risk or loss after launching the â€Å"Tekbir Giyim† brands. The research that is being conducted is through questionnaires, through mall intercepts as women love to go out for shopping, and specially the increasing Muslim community in various parts of Europe is definitely interested in buying the designer brand which is being prepares specially for them. Although the products are still being sold to people but they are not yet owned by the original company â€Å"Tekbir Giyim†, which means that people do not find the brand under the company’s name, it is sold through the distribution. The business these days are getting failed easily on for no reason but yet the proper research clarifies the doubts in minds of people willing to initiate business, the job that we would be performing for the company is the same that is to identify the opportunities and minim ize the chances of loss. The company is facing a lot of trouble right now and thus the research task is to follow a sequence from the problem definition which is the base for the project to be started, to the final stage which is report presentation, which would help the company in taking on further decision, whether to go for the launching of â€Å"Tekbir Giyim† or not, meanwhile the development of an approach to the problem, research design formulation that includes the conclusive research, data collection and its preparation would also be playing a key role in ensuring us about the outcome. The basic idea to conduct this entire research on the designer brand â€Å"Tekbir Giyim† is to identify the possibility of its successful launching in a place other than it is currently available. Our main objective is to go through all the steps in marketing research process, one by one, which would ensure us whether it would be relevant for the company to go for launching or not. This research would not only be

Functions of Modal Verbs in European and British Legal Documents

Functions of Modal Verbs in European and British Legal Documents Functions of Modal Verbs in European and British Legal Documents Abstract: Researches in languages for special purposes have qualified legal texts as a distinctive type of texts. The purpose of this study is to describe linguistic features of modal verbs which were found in different types of legal writing and to examine the reasons for their use. In this paper I will try to compare the use of modal verbs in European Directives and British Statutes and to investigate the expression of obligation in legal texts such as contracts which are texts which lay down the obligations and the rights of the parties to the contract. Key words: coherence, obligation, modality, legislation, variety, statement, behaviour. Modal Verbs in Contract Law There are different types of legal writing. According to their purpose there are operative legal documents, expository documents and persuasive documents. Legal language is widely spread in all areas of social life and it can be combined with language from different domains. The function of the law is double: regulative and constitutive. The legal genre represents a sublanguage which includes a wide range of texts and situational patterns. The legal genre contains a variety of sub-genres such as statutes, conventions and contracts. There are different ways of expressing obligation in legal English. Legal documents may prohibit certain actions, may confer rights or create obligations, may permit or authorize certain actions. Therefore, there are four types of legal rules: authorizations, obligations, prohibitions and permissions. There are certain rules used in legal language to formulate these rules nut these are not subject to grammar rules but to drafting principles. The present study will focus on the investigation of grammatical ways of expressing obligation through the use of modal verbs. The textual organisation of a contract contains the following elements: title, introduction, recitals, and definitions, body of the documents, provisions, signatures and dates. The contract law developed in the 19th century and derives from the principles which characterized the Industrial Revolution. Nevertheless, the origins of contract law are much more ancient than that and are to be found in the early common law of the Middle Ages. The main preoccupation of society at that time was land ownership and law developed very quickly in relation to the protection of ownership of land or of interests in land. As a result, the law of that time was also mainly concerned with property rights. The distinction that the law drew in terms of identifying the enforceability of rights was between formal agreements and informal ones. A formal agreement was one made in writing and which was authenticated by the practice of ‘sealing. This is the origin of the deed, which was the method accepte d for transfer of land and interests in land up to 1989, when the requirement to complete the document by the process of sealing was relaxed in favour of the already common practice of witnessing the document. Narrative contracts often contain ambiguities (e.g., conflicts and gaps) and these must be avoided or at least the conflicts arising from them resolved. Furthermore, there may be complex interdependencies between contract clauses that can be hard to track down. The content of the contract has to be in conformity with the legal framework and it forces the parties to involve themselves in politeness strategies in order to avoid the face threatening acts. The modal verbs occurring in contracts have double or triple functions and this applies to the modals shall, will, can and must. The modal will may be used to express either an obligation or a prediction, may and can express permission or possibility while must may express obligation (deontic use) or logical necessity. The strategies placing the parties to the contract under some kind of obligation are the most frequently used directives in English contracts. In order to express obligation in a contract the modal shall is used and expresses the illocutionary force of an order: â€Å"The distributor shall pay commission on a quarterly basis†¦Ã¢â‚¬  The regulation of behaviour in a contract can be made by issuing prohibitions and here the modal verb shall is used again: â€Å"The Representative shall not be entitled to enter into any contract or obligation on behalf of the Company without the express written consent of the Company being first obtained†. Statements of permission issued by some authority are usually conveyed with the help of the modal verb may: â€Å"The employer may determine the hiring at any time by giving one months previous notice in writing†¦Ã¢â‚¬  The contract also stipulates the limitations of liability and the assignment of benefits which are expressed with the help of shall. In this case the most frequently used verbs in connection with the auxiliary shall are: entitle, relieve, accept, have power, etc. In the language of contracts shall represents the principal means of expressing obligations. Obligations and intentions are the main aspects dealing with a contract. The modals shall and will have each been used to express modal meanings and to mark future time. But shall is rarely used to indicate future time. Shall is a modal used to impose obligation on the subject of a sentence. In contract law it conveys the meaning â€Å"has a duty to†. Lawyers tend to avoid using the modal must, because they find it too bossy. Another alternative instead of shall could be will but it seems less promising. Even if many legal drafters tend to avoid using the modal must, this may be an alternative to shall as a means of expressing obligation. The use of must instead of shall may express any obligation whether it is imposed on the subject of a sentence. For example:†The Company must reimburse the Sales Manager for all authorized expenses†./†The meeting must take place at the companys headquarters†. But a disciplined use of shall to impose an obligation on the subject of the sentence makes clear who owes the obligation: The Company shall reimburse the Sales Manager for all authorized expenses. An obligation can be expressed in other ways by using passive voice: The Sales Manager shall be reimbursed for all authorized expenses. Or one could use is entitled to: The Sales Manager shall be entitled to be reimbursed for all authorized expenses.† Shall is also used to express future time in contracts and these may result in confusion. There are cases when the simple present tense would be more appropriate as for example: â€Å"This agreement shall be governed by the Los Angeles law.† Due to the fact that shall is unusual in ordinary speech, this modal verb has been criticized by the Plain English Campaign, which recommends the use of must to express obligations. (Tiersma, 214). Comparative Analysis of Modal Verbs in European Directives and British Statutes Modal verbs usually appear in the sequence of verbs in a verb phrase. They are finite verb form with no inflected endings and no past tense. They are followed by the short infinitive. The most frequently used modals in legal English are: shall, may, must, would, will followed by can, ought to, should. According to the European style guide the enacting terms of the EU legislation can be divided into two linguistic categories: imperative terms and declarative terms. The imperative terms may be further divided into positive and negative commands and permissions and the declarative terms are those terms that are implemented by virtue of being declared. The study of modality is concerned with the meaning of the modals. Legal language contains both deontic and epistemic modality. Epistemic modality shows how certain is a speaker about an expressed utterance. Deontic modality involves both language and action and refers to the instances when the speaker orders, promises or places an obligation to someone. Deontic modality can be divided into: a) directives (expressing possibility by the use of may or necessity by the use of must); b) commissives (expressing promises) and imperatives. I carried out a comparative analysis to show the frequency of the modals in both European and British legislative texts. The European directives used in this work were taken from the Official Journal of the European Communities and the Acts of Parliament from the online UK Statute Law Database. Table 2 Act of Parliament Directive ↓ ↓ Shall → 60 301 Should → 20 150 Will → 10 6 Would → 30 12 Must → 90 1 Can → 5 30 Could → 10 5 May → 100 96 According to table 1 the most frequently used modal verb in the European directive is shall, while may is the most frequently used modal in the British Act of Parliament. EU legal drafters tend to use modal verbs in prescriptive statements and should is used instead of must because it is less strong than must. Bhatia states that â€Å"shall not only sustains the myth of precision in legal language but also perpetuates a style and language that differentiates the genre from that of other professions†.(Bhatia, 101-102) The verb shall is one of the most frequently used modal auxiliary in legislative writing, especially in European legal texts, and therefore it fulfils a variety of functions. Crystal and Davy talk about the different uses of this modal verb and state that in legal English: â€Å"Shall is invariably used to express what is to be the obligatory consequence of a legal decision, and not simply as a marker of future tense, which is its main function in other varieties .†(Crystal and Davy, 206-207) In the European legal text shall is used to indicate a positive command, as for example: â€Å"For authorisation as a payment institution, an application shall be submitted to the competent authorities of the home Member State†¦Ã¢â‚¬  Shall may be also used to give directions or to indicate future events as in the following example: â€Å"Each element shall be included in the sum with its positive or negative sign.† Here the verb shall may have the meaning of is to be included, but it can be also interpreted as a future event meaning that after the directive comes into force each element will be included in the sum. Shall is also used in both European and British texts to express an order: â€Å" If the payment service user provides information additional to that specified in Articles 37(1)(a) or 42(2)(b), the payment service provider shall be liable only for the execution of payment transactions in accordance with the unique identifier provided by the payment service user.† (Directive 2007/64/EC, 319-31) In this example taken out from the European directive, the modal verb shall indicates the obligations of the payment service provider which represents the addresser. So, according to this provision the addresser must conform to this obligation of executing the payment transactions. In British legal texts shall is used to express an obligation: â€Å"Accordingly, in determining in the case of an offender whether it should take steps as mentioned in subsection (1), the court shall also have regard to the matters mentioned in those paragraphs.†(Criminal Justice and Immigration Act, Part 2, p. 8) In this example taken from Criminal Justice and Immigration Act shall expresses the obligations of the court and the steps that have to be taken in determining the case of the offender. Shall can be used to express the application of a directive: â€Å"This Directive shall apply to payment services provided within the Community.† (Directive 2007/64/EC, 319-9) Shall can also be used to state rules: â€Å"This Section shall apply to other payment transactions, unless otherwise agreed between the payment service user and his payment service provider, with the exception of Article 73, which is not at the disposal of the parties.† (Directive 2007/64/EC, 319-30) In this example shall serves as an indicator for the application of this provision. It also indicates the rules according to which this section is valid. Shall may be used to express prohibitions: â€Å"†¦such credit shall not be granted from the funds received or held for the purpose of executing a payment transaction;†¦Ã¢â‚¬  (Directive 2007/64/EC, 319-17) The use of shall may also create ambiguity, especially in British legal writings: â€Å"No order or regulations which, by virtue of section 18A, is or are to have effect for a limited period shall be made unless a draft of the order or regulations has been laid before, and approved by a resolution of, each House of Parliament†(Criminal Justice and Immigration Act, Part 4, p. 45). The predicate from this sentence, containing the modal auxiliary shall refers to an inanimate subject no order or regulations. This indicates that a rule is imposed an abstract thing (in this case order or regulation) and the agent of the action is not specified. So, in this example we have passive voice without an agent. This construction shall + BE + past participle is frequently used in both types on legal documents. The construction shall + short infinitive is also widely used especially in European legal texts. Critics also say that legal drafters should avoid using a negative subject with the affirmative form of shall. (No orders or regulations (†¦) shall be made). Shall is a modal verb which expresses a legal obligation, but in most of the cases this verb occurs with non-human subjects. Anna Trosborg argues that â€Å"statements with non-human subjects typically refer to functions of the statutory instruments, they explain when a law is effectuated, how far an act extends, whom it affects, how a term is to be understood, etc., and such they serve as conditions to be considered by the citizens as well as the court.†(Trosborg, 106). In this cases the modal verb shall has a declarative function and here are some examples when the modal verb is used with inanimate subjects: â€Å"An authorisation shall only be granted to a legal person established in a Member State† (Directive 2007/64/EC, 25). â€Å"A provision shall not be contained by virtue of subsection (1)(b) in a warrant under section 4A unless it satisfies the following two conditions† (Criminal Justice and Immigration Act, Part 6, p. 71) In these texts I did not find any sentences where human subjects are specified. In most of the instances shall is used in the passive voice with non human subject. Because of the fact that most of the passive constructions with shall are agentless, most occurrences of shall are unmotivated. Verbal groups are characterized by a high number of non-finites. Among the finites the most frequently found group is modal auxiliary+ be +past participle, and in this construction the most used modal auxiliary is shall which expresses deontic modality. Crystal and Davy say that shall expresses â€Å"what is to be the obligatory consequence of a legal decision and not simply as a marker of the future sense, which is its normal function†( Crystal, Davy, 206-207). e.g. : â€Å"Such waste shall be subject to all provisions of Directive 75/442/EEC. It shall in particular be: destined for duly authorised facilities only, authorised according to Articles 10 and 11 of Directive 75/442/EEC, subject to all provisions of Articles 8, 12, 13 and 14 of Directive 75/442/EEC†( Case C 176/05). In this example shall occurs in passive sentences. In legal language shall does not indicate the future, it indicates an obligation. Shall is also to be found in declarations. It is commonly used in legal language and therefore it has the function of indicating that the document in which it occurs is legal. The verbs used with shall are selected from a small number of lexical sets, such as apply, be, preclude, exceed, act, vacate, etc. The frequency of this modal and the avoidance of the modal auxiliary must shows in a way an improvement over the British style, but its use in excess also leads to ambiguities regarding its different meanings. Another modal verb that is predominantly used in legal texts is the modal auxiliary may. As table 1 shows, may is the most frequently used modal verb in British Acts of Parliament. May expresses permission, but it has some other additional meanings. The following three examples have been taken from the Criminal Justice and Immigration Act and show different instances when this modal auxiliary is used: (1) â€Å"†¦or with the requirements of any community order or any youth community order to which he may be subject†¦Ã¢â‚¬  (2) â€Å"The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine†¦Ã¢â‚¬  (3) â€Å"Rules under sub-paragraph (4)(a) may, in particular, make provision in relation to†¦Ã¢â‚¬  (4)â€Å"The Secretary of State may by order amend paragraph 2, 3 or 4 by substituting for any reference to an amount of money or a number of hours or days there specified a reference to such other amount or number as may be specified in the order.† In the third example reference is made to the inanimate subject rules, while in the first, second and fourth example references are made to human subjects. In the first sentence we have the pronoun he as a subject and in the second sentence the noun court. The most frequently used subject in combination with the modal may is the noun court. In the first sentence may indicates probability, possibility although this modal is not normally used to convey possibility or probability. This feature is characteristic for the common usage. In the fourth example may has the meaning of to grant a right or a power. But this sentence is a little bit ambiguous because the modal verb may can simply refer to the possibility that the Secretary of State might amend the paragraphs under certain circumstances. The use of the negative form of may can be ambiguous. In spite of the fact that the positive form of this modal has a different meaning from must and shall, the negative form is the same. The negative form is used to express prohibition, something that is forbidden, and that is why this form should normally be avoided. Therefore may+not is used in the sense of limiting the rights or the powers of a provision as in the following example: â€Å"The power conferred by subsection (1) may not be exercised in relation to any sentence or order if an appeal, or an application for leave to appeal, against that sentence or order has been determined† (Criminal Justice and Immigration Act, Part 3, p. 206) In the example the negative form of may limits the power of this provision under certain circumstances. This means that the power under section 1 cannot be used in relation to any sentence if that appeal has already been determined. The modal verb must is used to describe a requirement or a prohibition and in general English it expresses obligation. As table 1 shows, it is frequently used in British Acts of Parliament. The European drafters have tried to avoid using this modal auxiliary, perhaps because of the fact that shall is the most frequently used modal verb in the European directives. However, critics have argued that the use of shall and must at the same time leads to ambiguity because readers may not understand any more whether different meanings are intended. Must + not expresses a prohibition, as in the following example: â€Å"The Secretary of State must not release a person under subsection (2) unless the Secretary of State is satisfied that it is not necessary†¦Ã¢â‚¬ (Criminal Justice and Immigration Act, Part 2, p. 22). Must also expresses an obligation: â€Å"Where on a reference under subsection (1) relating to any person the Board recommends his immediate release on licence under this Chapter, the Secretary of State must give effect to the recommendation.† (Criminal Justice and Immigration Act, Part 2, p. 22). Here the verb must suggests that the Secretary of State has the obligation to give effect to the recommendation. To sum up the functions of the most frequently used modals, one can say that the modal shall is the most frequent auxiliary used in the European directives. It fulfils many functions from imposing an obligation to creating rights or defining words. May is frequently used in British statutes and expresses permission and authorization. Must is used to express obligation and prohibition in legal language and should not be used as an alternative to shall. The language of the legislative documents is not only informative providing the reader with details and useful information about their rights and obligations, but it also specifies and mentions the authority which issues, orders or prohibits certain acts. This authoritative and permissive dimension is conveyed in legal English by the means of modal verbs. Bibliography Bhatia, Vijay. Analysing Genre: Language Use in Professional Settings. London: Longman, 1993 Crystal, David. The Cambridge Encyclopedia of Language, Cambridge: Cambridge University Press, 1997. Crystal, David and Davy, Derek. Investigating English Style. London: Longman, 1969. Garner, Bryan. A Dictionary of Modern Legal Usage, second edition, Oxford University Press, 1995. Kimble, Joseph. The Many Misuses of Shall in Scribes J. Legal Writing, 1992. Mellinkoff, David. The Language of Law. Boston: Little Brown, 1994. Taylor, Christopher. Language to language: A practical and theoretical guide for Italian and English translators. Cambridge: Cambridge University Press, 1998. Tiersma, Peter. Legal Language, Chicago: University of Chicago Press, 1999. Trosborg, Anna. Rhetorical Strategies in Legal Language. Tà ¼bingen: Gunter Narr Verlag, 1997. Corpus: Case C 176/05, KVZ retec GmbH v Republik Ãâ€"sterreich, March 2007 Criminal Justice and Immigration Act 2008 DIRECTIVE 2007/64/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC

Government Surveillance vs Privacy Essay -- Communications Surveillanc

Is the American government trustworthy? Edward Joseph Snowden (2013) released to the United States press* selected information about the surveillance of ordinary citizens by the U.S.A.’s National Security Agency (N.S.A.), and its interconnection to phone and social media companies. The motion picture Citizenfour (2014), shows the original taping of those revelations. Snowden said that some people do nothing about this tracking because they have nothing to hide. He claims that this inverts the model of responsibility. He believes that everyone should encrypt Internet messages and abandon electronic media companies that track personal information and Internet behavior (op.cit, 2014). Snowden also stressed to Lawrence Lessig (2014) the importance of the press and the first amendment (Lessig – Snowden Interview Transcript, [16:28]). These dynamics illustrate Lessig’s (2006) constrain-enable pattern of powers that keep society in check (2006, Code: Version 2.0, p. 122 ). Consider Lessig’s (2006) question what is â€Å"the threat to liberty?† (2006, p. 120). Terrorism is a real threat (Weber, 2013). Surveillance by social media and websites, rather than the government, has the greater negative impact on its users. What is the historic context of surveillance, whose current form is electronic? We now know that the N.S.A. has no fewer than 46 surveillance programs (three in conjunction with the UK’s GCHQ) as described by surveillance reporter Julia Angwin (2014). For example: Prism collects data from the servers of U.S. technology companies Squeaky Dolphin (UK) monitors YouTube video views, URLS "Liked† on Facebook and Blogger visits Bullrun, a joint UK and US program weakens cryptography (2014, chart) Surveillance, however, is as old as man. Anthony Zurcher (2013) for the BBC said, â€Å"Chinese general Sun Tzu [in 544 - 496 BC] wrote†¦Ã¢â‚¬ËœEnlightened rulers and good generals who are able to obtain intelligent agents as spies are certain for great achievements’" (Zurcher, 2013). Surveillance has been around for centuries. Ancient Rome had mechanisms for surveillance. The eavesdropping, of course, was done directly by people with no electronic mediation. Col. Rose Mary Sheldon (2000) of the Virginia Military Institute wrote that supply sergeants were employed to collect information because they came and went openly in the course of distributing grain. H... ... E. (2011). The net delusion. The dark side of internet freedom. New York, NY, USA: PublicAffairs. Poitras, L, Bonnefoy, M., & Wilutzky, D. (Producers), & Poitras, L. (Director). (2014, October 24). Citizenfour [Motion Picture]. United States: The Weinstein Company. Sheldon, Col. R. M., Virginia Military Institute. (2000). Military History Quarterly, Autumn,pp. 28-33. Retrieved from http://www.historynet.com/espionage-in-ancient-rome.htm#sthash.iSybKnYa.dpuf on 11/29/2014. TEDSalon. (2014, June). Hubertus Knabe: The dark secrets of a surveillance state. TED. Retrieved from http://www.ted.com/talks/hubertus_knabe_the_dark_secrets_of_a_surveillance_state? on 11/17/2014. Weber, P. (2013, June 12). 6 reasons you should, and shouldn't, freak out about the NSA data-mining. The Week. Retrieved from http://theweek.com/article/index/245461/6-reasons-you-should-and-shouldnt-freak-out-about-the-nsa-data-mining on 11/29/2014. how we should balance national security with civil liberties. Zurcher. A. (2013, October 31). Roman Empire to the NSA: A world history of government spying. BBC News Magazine. Retrieved from http://www.bbc.com/news/magazine-24749166 on 11/29/2014