Tort law should not and could not be used to achieve distributive Essay

Tort law should not and could not be used to achieve distributive goals - Essay Example Tort law cannot achieve distributive goals and this attempt would be illegitimate, undesirable, ineffective and non feasible. For instance tort law cannot meet the progressive redistribution of wealth from rich to poor but it is the other way round. Tort law cannot advance the status of groups that are disadvantaged in society since in so many ways it runs short of fairness and that the bottom line is compensation. Social rationality and resource allocation is against the less social valued in society practicing tort law. Tort law cannot achieve distributive goals because it is full of indifference. It is questionable that omissions in tort law are often treated as incurring less liability than acts. Treatment of omission is different from that of acts therefore tort law is law of indifference as in Slovin v Wise (1996) 3 WLR 389. Responsibility for omission is less than that for acts even if damage was identical. It is argued that limiting responsibilities for an individual especially in relation to obligation is the duty of state. In Liability for omission, a distinction is drawn between misfeasance where a party is negligent and nonfeasance where a party does nothing at all. The general rule is that there is no liability for an omission (Slovin v Wise (1996) 3 WLR 389). In justice and rights, morality places an obligation on every individual to save life whenever it is possible. A person wat ching a small child drown in swallow water is morally obliged to save that child. The law of omission in tort gives a leeway. Tort law is a law of monetary compensation and in cases of omission there is no financial claim that results from nonfeasance. In tort, the value of social justice cannot be realized. For instance, Party intervened during an incident that leads to injury is view as less responsible if some third party comes in and causes subsequent harm. Attention is therefore shifted from the negligent act of the defendant toward the immediate wrong inflicted by the third party. It is unjust to say that the original negligent act exemplifies the fact that where injury to property is caused though fault of another party the other party is liable to compensate for the injury caused. It goes without saying that the perpetrator of careless act should be held responsible for injuries caused through there unreasonable behaviour. in Baker v Willoughy (1970) HL the court in the case held that the duty of the motorist and pedestrian with regard to keeping a proper look-out were different; appointment of liability, 25% to pedestrian and 75% to driver. Three years later before a decision on the case was made the claimant was shot during armed robbery in the previously injured led. D still had to make full payment despite the supervening injury because the injury did not rise by accident or lantern condition. The facts of this case demonstrate clearly that tort law cannot achieve distributive goals. For justice to prevail everyone should bear responsibility for their own act. Criminal justice call for a sentence toward the offender in equal measures to the wrong done. If the offender will be a threat to the public, justice and rights of individuals provide for imprisonment. The outcome of tort law can be so unpredictable and economically it may seem difficult to measure permanent damages especially those related to health in monetary terms. In addition, foreseeabl e consequences

Household Energy Usage and Conservation :: Environmental Essays

Household Energy Usage and Conservation Household energy conservation is a very practical and realistic approach to conserving energy within our society. US households consume a tremendous amount of natural gas as well as electric energy. It has been calculated that the amount of energy consumed within the US increased exponentially from about 1850 to 1975. If energy continued to increase at this rate, we would be experiencing severe energy shortages in our current society. Luckily, steps towards conservation, including various energy regulations, have curbed that growth somewhat, brining the predicted 160 Qbtu/yr for the year 2000 down to around 93.8 Qbtu/yr by the year 1996. However, household energy usage is still a major issue as households consume about 38% of the total consumed energy and contribute greatly to natural gas consumption and issues such as global warming. Therefore, it is important that people understand how we use energy in the household and what steps can be taken to conserve that energy. One process within households that contributes greatly to energy consumption is space heating. Space heating simply refers to the heating of the air throughout the house. It has been calculated that space heating consumes about 5.3 Qbtu per year. About 3.7 Qbtu come from natural gas and about .9 Qbtu come from Fuel oil. Only about .4 Qbtus of electricity are consumed by space heating. There are various ways which one can space heat their house. The most common way is to use a furnace, however, stoves, fireplaces, electric resistance heaters and electrically powered heat pumps can also be used to heat the house. Furnaces run mostly off natural gas and tend to be around 60-90% efficient. Older units can be as low as 50% efficient. Electric resistance heaters are usually around 100% efficient at producing heat. However, this statistic is slightly misleading when thinking about total efficiency because you must account for the electric energy being consumed by the heater. Power plants are only able to produce electric energy from natural gas at about 35% efficiency. Consequently, electricity is more expensive than natural gas to produce, making electric resistance heaters more expensive to operate. This energy cost must also be accounted for when adding up the total cost of electric resistance heating. Another way to heat ones house is to use a fireplace.

Positives and Negatives

All people in this world are different. They feel differently and have different skills. Even though they have different skills, strengths and weaknesses, there will be some ones common amongst the people. Likewise, some of my strengths and weaknesses might be similar to that of my friends, parents, relatives, people around the world and some not. That is how we are made. Although, strengths and weaknesses isn’t a permanent thing. It can be worked on and can be improved and polished.I am a very cheerful, caring and loving person who never fails to smile everyday. I tend to remain happy most of the time and believe smile is one of the greatest gift given to us. When we give a smile, it might blossom the rest of the day of another person. Moreover, I am an optimistic person who likes to work hard and always believes if we work hard enough, nothing is impossible to achieve. I like to be confident and think of myself as a quick learner. Without confidence, achieving our goals, tar gets is very difficult.I am a frank, unselfish, team player with the driving power and willingness to learn and face challenges. These are some of the strengths I believe I have in me. Talking about some of my weaknesses, I sometimes get very emotional which affects my day to day life. Also, I feel that I am sensitive to my criticisms. When this happens, I sometimes become short-tempered. My another weakness is that in some cases, I tend to underestimate myself which is one of my biggest weakness I believe so far.Although I have my strengths and weakness, there are some strengths I believe I would like to polish and some weaknesses I would like to improve. First of all, I am confident but in some cases, I might tend to be nervous. I would very much like to improve that and remain confident all of the time, though never be overconfident. I work hard but sometimes, I get distracted and affects my work. I would like to improve that and be more focused. Regarding my weaknesses, the firs t thing I would like to improve would be to never underestimate myself.I should always make myself believe that I have it in me to do a particular work. Also, sometimes, I get short tempered which might hurt a lot of people. So, i need to keep myself calm and never act bitterly. I believe I have expressed myself . These are some of the strengths and weaknesses I believe I have in me. Some strengths needs to be polished and some weaknesses needs to be improved. There is no doubt that it can be achieved because these are not permanent. All this is what makes me and I am proud of who I am.

Crime And Its Effect On Society Essay - 1652 Words

Since the beginning of time crime has always been factor in humanity. In the bible, crime started from Adam and Eve the first man and women. From eating of the forbidden tree to current stage of time, crime has become a part of the human society. However, what is considered a crime and what is not is something that is still controversial. Crime can be defined as a wrong doing by an individual that another individual or groups of individual consider to be criminal. Because the definition of crime is based on human interpretation and individual beliefs, what is criminal and what is not is constantly changing. Thus, what was considered criminal in the current decade may have or not been considered criminal previous years. Two major factor of crime is the punishment that is associated with the wrong doing and the individual that is involved. Therefore, some people may commit the same crime but how the individuals are punished would be different. Which leds to segregation of criminals tha t can be based on their gender, age and color. In the current court of crime, the only separation is based on gender and age. Children under eighteen years old are considered juvenile and above are considered adults. However, in past there was no segregation of children from those considered to be adults. In a research by Ann Crowe, â€Å"English Common Law, which formed a foundation for the American justice system, also did not recognize a special category of juvenile crimes. Rather, youthfulShow MoreRelatedCrime And Its Effects On Society1540 Words   |  7 PagesThere are many kinds of crimes. Crime affects all people, even the ones who are not directly involved. â€Å"Crime imposes significant costs and negative consequences to people globally† (Wickramasekera 2015; 218). The costs of crime can be very high, and that is based on every aspect not just monetary. In today’s world, people spend a lot of money to protect themselves from becoming victims of crimes. Whe n a serious crime happens in one community, people in that community will take the necessary precautionsRead MoreCrime And Its Effect On Society881 Words   |  4 PagesEvery society has codes, standards, behaviors and activities that are deemed appropriate and suitable to the greater good of the members of society. This implies that any activity or behavior that is contrary to the social code of any community is considered a crime. Anything deemed as an anti-social act falls in this category (Ainsworth, 2000). Different societies have various scales to measure what is perceived as crime and what is not. There are various ways in which a society decides whatRead MoreCrime And Its Effect On Society Essay2359 Words   |  10 Pages Crime. Crime is rampant in today’s society and exists in all cultures. 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Than that of crimes that least affect a potential victim, such as property crimes. Because, many police agencies lack proper funding , which results in minimum officers. Which results in higher priorities targeted towards the investigations, and manpower to violent crimes. Which our more known to the public, and tarnish aRead MoreComputer Crime And Its Effect On Society932 Words   |  4 PagesComputer crime has been an issue since the 1970s. Computer crimes have been categorized in two ways. First is a physical activity in which criminals steal computers. Second is that in which criminals commit crimes using computers. The recent development of the Internet has created a substantial increase in criminals commit crimes using computers. Thus, an emerging area of criminal behavior is cyber crime. Computer crimes mostly affect to a lot of areas of the society. 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In the latter, one could say society creates deviants resulting in crime. If there was no laws to be broken then crime would not exist. Norms in society are the foundations of evil and good, people use norms as a way to perceiveRead MoreCrime Recidivism And Its Effects On Society3046 Words   |  13 Pages1% of the population is psychopathic and yet, they commit more than 50% of serious crimes and their crime recidivism is three times more likely than other criminals (how to create a psychopath). It is irrefutable that despite the fact that psychopaths do not comprise much of the population, they are dangerous and menacing to society. Their crimes are callous and gruesome, and often have a profound impact on society as psychopaths prey on as many people as they can, part icularly vulnerable people,