The Impossibility Of Religious Freedom - 1713 Words

The act of defining religion has been a contentious issue in a wide variety of situations, particularly in the United States. The US is a nation that prides itself on religious inclusivity and freedom. There are consequences to this belief and tenant. Through the social, legal and moral structures of the United States, defining religion has become imperative. In The Impossibility of Religious Freedom, Winifred Sullivan outlines the legal implications of defining religion in the United States. In order for religious freedom to be protected by the American state, religion must be clearly defined. As a result, religious theory must be used to maintain some semblance of religious freedom in the United States. Likewise, Josh Dubler’s Down in†¦show more content†¦While there are specificities of the case that can help determine the individualized outcome of this particular case, the foundations of the legal problems in the case can be expanded to greater problems of religio us definition in the United States. As shown through The Impossibility of Religious Freedom, religious theory is vital to the continuation of religious freedom protections, for better or worse, in the United States. The case that is highlighted by Sullivan revolves around the ability for citizens to use religious items around burial sites that extend beyond the city of Boca Raton’s regulatory codes. When some of these religious items around the burial sites were not permitted by the city, a group of citizens sued the city on the grounds that the city was preventing actions protected by the religious freedom clauses of the US Constitution. This case, like many others involving religious freedom decisions, required a real definition of religion. Religious theory was imperative to the outcome of this case. Sullivan writes, â€Å"If religion was whatever anyone said it was, the statute was unworkable and [Judge Ryskamp] did not feel it was his place to simply dismiss an act of t he Florida legislature as nonsense. Religion therefore had to be measured and bounded by an expert test†¦Ã¢â‚¬ (Sullivan 105). These tests were determined by various religious scholars, including Sullivan, that testified in this case. Religious theory,Show MoreRelatedThe United States And Religious Neutrality1658 Words   |  7 PagesIn the United States, religious neutrality appears throughout society as an attempt to respect majority and minority religions, which seems implausible due to the complicated relationship between religion and government. When the government makes legal decisions involving religion, the ideal of neutrality seemingly dissipates when one faith appears to garner more respect over another in earning the majority decision in the Courts. This impossibility of state neutrality is apparent when balancingRead MoreThe Impossibility Of Imprisoning The Mind984 Words   |  4 Pages‘To Althea, from Prison’: Richard Lovelace (Close-read) Lovelace’s poem To Althea, from Prison expresses two concepts: the impossibility of imprisoning the mind and therefore the impossibility of repressing one’s belief in a cause, or in this case, a person. The initial lack of explicitness of the meaning of the poem is exemplified by the mysteriousness of the woman, Althea, who is rather unspecific in description, and ethereal, described as â€Å"divine.† Whether or not the woman was real, or herselfRead MorePresident Trump Is A Disaster For Transgender People1019 Words   |  5 Pagesa disaster for transgender people† written by Samantha Allen, given the fact that both Trump and his Vice President, Mike Pence, appear to favor the Religious Freedom Act, repealing Obama Care, and allowing HIV preventative inaction, I argue, and with great reason, that those who will be severely targeted and affected by their political and religious stances will be the entire transgender and transsexual community—a fear t hat I once assumed was a thing of the past. Along with building up a wallRead MoreA Significant Strength Of The Constitution Essay1217 Words   |  5 Pagesgiven group who would then have the ability to force their own agenda on our democracy. Those who would disregard the Constitution are or should be considered enemies of the state; religious groups fall into this argument and have in the past been the exact enemies of the state described here. Any group, religious or not, that interrupts the governance rules of a country should be considered an enemy combatant, and history proves such groups have indeed been defined as such. The framers understoodRead MoreSeparation Of Religion In Australia1245 Words   |  5 PagesIn 2017 Pauline Hanson entered into the Australian Senate covering herself with a Burqa, ridiculing Muslim’s all over Australia and mocking their religious garments. This is certainly not the first time Australian Muslims have been mocked, discriminated and harassed for their faith and it was certainl y not the last. The Burqa is a full face covering, which is chosen to be worn by a minority of Muslim adherents in Australia. If the burqa is to worn in public places within Australia (e.g. shoppingRead More Understanding Dostoevsky Essay684 Words   |  3 Pagesdetermine amongst the satire, is humanity’s necessity for freedom and religion, specifically Christianity. In the first part of Notes from Underground, the narrator’s jeering monologue, Dostoevsky insists â€Å"civilization has made mankind if not more bloodthirsty, at least more vilely, more loathsomely bloodthirsty† (Dostoevsky 1305). He is adamant about man’s ability and need to choose right or wrong. Put another way, according to Dostoevsky, the freedom of choice is what makes us human, despite the consequencesRead MoreThe Debate Over Embryonic Stem Cell Research1690 Words   |  7 Pagesprofessionals can take an embryonic stem cell and â€Å"reprogram† it to eliminate the disease. Today 2,200 people died from heart disease (American heart association). Heart disease is only one of many diseases that can be cured by embryonic stem cell research. Religious and/or conservative groups now condemn the research, for multiple reasons. Embryonic stem cells are donated by patients of in-vitro fertilization. After a â€Å"round† of IVF, they can choose to do nate, freeze, or discard their leftover embryos. EmbryosRead MoreEssay about There is no Universal Utopia1608 Words   |  7 Pagesutopias written about are not meant for the multitudes, but are only supposed to exist in the minds of those who create them. This means that what might be a utopia for one person, may be a dystopia for another, this is because the laws, policies religious beliefs and social issues within any given utopia, whilst they seem fair to the creator, may be completely intolerable to everyone else. Firstly though, we must actually consider what a utopia actually is. Thomas more describes his utopia asRead MoreAnalysis Of John Donne s The Wife Of Bath981 Words   |  4 Pageswhich is written by Geoffrey Chaucer. Alisoun shows characteristics of Christianity and relates to any believer of the Lord. The major theme that is displayed is her having a dissatisfaction with current religious thought. Although she is undergoing a pilgrimage, she does not blindly trust the religious authorities’ interpretation of the Scriptures in the Bible. Mainly because a common thought in Medieval Europe was that since the Bible depicts Jesus attending one wedding that God’s message was peopleRead MoreThe Issue Of Same Sex Marriage1068 Words   |  5 Pageswould shame the couple or exclude them from traditional church life. A decision not to attend a same-sex wedding takes place in the same universe as gay-bashing, bullying and the long grind of disrespect toward gay men and women. Will defending religious freedom require a better strategy to either accept or oppose same-sex marriage? â€Å"There is a big difference between something that could be an issue and something that is likely to be an issue† says Robert Tuttle who teaches religion and law at George

The Cold War Free Essays

Book Review Assignment TITLE OF THE BOOK: â€Å"The Cold War: A Very Short Introduction† by Robert McMahon This review focuses on one of the themes of the course, Main Currents of Modern History OBJECTIVE: The aims of this book review are: 1. To understand about a conflict that spanned four and a half decades(1945-1990) and encompassed virtually the entire globe. 2. We will write a custom essay sample on The Cold War or any similar topic only for you Order Now To gather the knowledge of how the world order was changed after the world wars and the transition into the cold war. . To study the rise and fall of the superpowers and the relaxation of tension among them. 4. To study about the final phases of the cold war and its impact on the world. PLAN OF STUDY The formal plan of study is stated in the timeline given below. The main focus of the review will be to understanding and assessing one of the seminal events in modern world history. The review will provide a broad interpretive overview offering a general account of the Cold war. I will be making notes for my final draft with a regular study of the book covering all the relevant chapters in accordance with the theme of the course. I shall submit the final review by the date mentioned in the handout. The review process will be done by first reading the chapters and then joining the notes prepared for each chapter into a meaningful text thus covering the objectives of the review. DATE| TITLE| AUTHOR| PUBLICATION| th September to 17nd September| World War II and the destruction of the old order| Robert McMahon | Oxford University press| 18th September to 25th September| The origins of the Cold War in Europe| Robert McMahon | Oxford University press| 27th September to 9thOctober| A global Cold War| Robert McMahon | Oxford University press| 10th October to 16th October| The rise and fall of superpower detente| Robert McMahon | Oxford University press| 17th October to 23rd October| The final phase| Robert McMahon| Oxford University press| The last week will be dedi cated to joining all the notes prepared into a complete review of the book. How to cite The Cold War, Papers The Cold War Free Essays

Transport Law for Paterson Zochonic and Co. Ltd - myassignmenthelp

Question: Discuss about theTransport Law for Paterson Zochonic and Co. Ltd. Answer: Issue According to the case study the issue has been arise whether Mary can make claim against Flossy Enterprises for the damages she has been faced due to the damage of her cargo of sugar? Rules According to The HagueVisby Rules has introduced international rules for the international carriage of goods by sea in Australia. It has set the international rules where it has been set the greater bargaining power for the protection of the shipper or the owner of the cargo. Through the HagueVisby Rules it has introduced several rules which also applicable for the carrier. The HagueVisby Rules is basically incorporated with the Carriage of Goods by Sea Act 1971 where it has been stated the legislation for the international carriage of goods[1]. Under the HagueVisby Rules the carrier has several duties while it delivering the goods. They are bound to take proper care at the time of unloading the goods to the buyer. They are also took proper care, handle, stow, carry, keep, care for, and discharge the goods carried in the international carriage of goods. Under this act the Article IV (4) has legislates the provisions for saving any life or any property which Carry by sea and causes any damages if the rules has been breached[2]. In the case of Dempster and Co v Paterson Zochonic and Co. Ltd the court has found that the when the owner of the ship has agrees with the terms for transport goods by sea therefore that ship should be seaworthy in every ways. The application of the warranties also found to apply in another case in AEReed and Co Ltd v Page. In this case the judges has also mentioned about the fitness of the ship while entering planned voyage along with the received carrying container through cargo. In the case of McFadden V Blue Star Line the court has identified where the breach of the warranty of cargo worthiness has been held because it was over loaded. At the time of voyage or after the voyage if the vessel faced any doctrine of stages then they should make the ship sea worthy. Under The HagueVisby Rules imposes and holds the carrier accountable before and at the beginning of the voyage to exercise due diligence to make the ship seaworthy. In the Maxine Footwear Co Ltd v Canadian Government Merch ant Marine Ltd is another case where the court has clarify the rules of the duty of care with due diligence At the time of voyage. The rules of shipping do provide that carriers are under several duties to the shipper. El Greco (Australia) Pty Ltd. v. Mediterranean Shipping Company S.A., 2004 is another case of Australia where the Article IV rule 5(c) of the Hague-Visby Rules has been applied for the bill of landing for not to be the contractually binding where it has affected the carrier. It sets the liability of the rules while the goods have been delivered through the sea and it has been carried by the ship[3]. Sideridraulic Systems SpA and Anr v. BBC Chartering Logistic GmbH Co KG, The BBC GREENLAND [2011] is a recent case of where court has provided a historical judgment which has considered the application of Hague-Visby Rules for carrying a carriage contract under the circumstances for carrying the cargo on deck. The 'River Gurara' [1998] 1 Lloyd's Rep 225 (CA) is the case where the liability of the carrier has found under the Hague-Visby Rules where the packages has been loaded with the container[4]. Riverstone Meat Co Pty Ltd v Lancashire Shipping Co Ltd (The Muncaster Castle) [1961] is an example of a case where the damages has been found due to the negligence acts while deliver the goods. However, later the responsibility of negligence has not found of the defendant after delivery of the goods. Under the Article IV of Hague-Visby Rules the subsection 3 has described that the shipper will never have the liability or he may not have a responsibility for the any damages or loss of the carrier or the ship which carried the goods and cause such damages without any acts or actions for the fault. Whereas, the subsection 4 has defined that the any deviation will not make any liability while it is attempting to save the property and it also describe that it will not reach the terms of the Hague-Visby Rules. the subsection 6 has stated under the rules that if the goods are inflammable or explosive or dangerous to the nature then at the time o the shipment it will not make any responsibility towards the carrier while carrying the goods or any damages r losses which has been caused due to the against of the nature. In this part if nay loss of property has been caused due to the goods or explosive character and destroy the properties which has been carries by the ships then without the compensation and the shipper will become liable while delivering the goods if the face nay damages or loss at the all the expenses will be directly get the liability at the time of shipment[5]. The Article IVbis describes the defense and limits of Liability where it will applicable for the defenses and limits of liability which has provided by the Hague-Visby Rules where the court can take actions against for any damages or los where any contract has been made for the protection of the goods. If any action has been taken against any loss then carrier will be entitled to defense himself against the limits of liability when the carrier is invoke under the rule of Hague-Visby Rules[6]. Application Under the HagueVisby Rules the carriers duty should prepare standard of professionalism and care while delivering the goods to the buyer. Under the Article IV of this act legislates the rules only applicable for the situation where it can allow various situations for the liability for any damages can be claim under this act.. These will not applicable if the damage has been caused due to the fire, Act of God, Act of war or Perils of Sea. Under the HagueVisby Rules the shippers are also bound to follow the rules where they should pay the amount to the supplier. They must take care about the gods whether those are packed enough proper way or not for the journey through the sea. It also describe the duties where the shippers must provide appropriate descriptions about the condition of the goods. The both parties must not deliver any dangerous cargoes which cause any damages while carrying te goods[7]. The Article III of the HagueVisby Rules has defied the legislation where it has mentioned that the carrier shall be bound before and at the beginning of the voyage to exercise due diligence for making the ship seaworthy, it should carried the appropriate people h are able to control and manage the ship while it is in the sea. It should consist of the appropriate sea equipment and supply the ship in a good condition. Under this article the shipper is also bound to show the bill of landing which must contains of the marks, number, quantity or weight. The guarantee must be provided by the shipper where he can indemnify about the loss, damages or any issue which has been arises while delivering the goods. The Article IV of HagueVisby Rules has been provided the legislation where the carrier or ship never mentioned about the liability of any damages if there are no facts has found of unwillingness of due diligence and other obligations of the shipping. Whenever loss or damage has caused due to any unseaworthiness then the burden of prove only applicable for the exercise of due diligence by the actions of the carrier or other person claiming exemption according to HagueVisby Rules. It has also stated that the carrier nor the ship will never become responsible if any damages occur due to the any negligence act by the mariner while navigate or managing the ship. It will not define the responsibilities if it has been caused due to the fire or any actual fault. For the obligation for the shipper they will become liable if it has been found that due to their negligence any damage or loss has been occur[8]. According to the fact of the Case when Marys cargo of sugar has reached at the end of the voyage it has been damage by the seawater. Cavity the board which carries sugar through the ship is basically charted by the Flossy Enterprises. Now they are incorporating with the Hague-Visby Rules where they have formed a contract. The vessel is quite old and the welding of some of the hull plates had failed thereby allowing seawater to enter into the cargo holds. However during the voyage the ship also endured a severe storm and it is unknown whether the plates were still holding when the vessel had sailed. Now Mary wants to take legal actions against Flossy Enterprises[9]. According to the fact of the case the contract has been formed according to the Hague-Visby Rules therefore the application of the law has been applied for this contract. Under the HagueVisby Rules the carrier has several duties while it delivering the goods. They are bound to take proper care at the time of unloading the goods to the buyer. They are also took proper care, handle, stow, carry, keep, care for, and discharge the goods carried in the international carriage of goods. Under this act the Article IV (4) has legislates the provisions for saving any life or any property which Carry by sea and causes any damages if the rules has been breached. Under the Article IV of Hague-Visby Rules the subsection 3 has described that the shipper will never have the liability or he may not have a responsibility for the any damages or loss of the carrier or the ship which carried the goods and cause such damages without any acts or actions for the fault. Whereas, the subsection 4 has defined that the any deviation will not make any liability while it is attempting to save the property and it also describe that it will not reach the terms of the Hague-Visby Rules[10]. Conclusion According to the case study it has defined that as per the Hague-Visby Rules she can claim compensation from the organization fir the loss she has been suffered. As Flossy Enterprise has been incorporated the contract with Mary therefore they are bound to pay the compensation. The ship was already in a bad condition and due to the sea water it has affected the ship. Therefore as per the contract under the Hague-Visby Rules the organization should pay the damage or loss amount to her[11]. Reference AEReed and Co Ltd v Page Dempster and Co v Paterson Zochonic and Co. Ltd Djadjev, Ilian. The Obligations of the Carrier Regarding the Cargo: The Hague-Visby Rules. Springer, 2017. El Greco (Australia) Pty Ltd. v. Mediterranean Shipping Company S.A., Federal Court of Australia, Queensland District Registry, 10 August 2004 (2004 AMC 2886) Gaskell, Nicholas. "Developments in Australian Maritime Law 2013-2014." J. Mar. L. Com. 46 (2015): 311. Katsivela, Marel. "The treatment of the sea peril exception of the Hague-Visby Rules in common law and civil law jurisdictions." WMU Journal of Maritime Affairs 16.1 (2017): 19-36. Maxine Footwear Co Ltd v Canadian Government Merchant Marine Ltd McFadden V Blue Star Line Nair, Ashwin. "A note on Norden: Voyage Charterparties, the Hague/Visby Rules and Enforcing Foreign Arbitration Awards." Austl. NZ Mar. LJ 27 (2013): 90. 'River Gurara' [1998] 1 Lloyd's Rep 225 (CA) Riverstone Meat Co Pty Ltd v Lancashire Shipping Co Ltd (The Muncaster Castle) [1961] A.C. 807 Sideridraulic Systems SpA and Anr v. BBC Chartering Logistic GmbH Co KG, The BBC GREENLAND [2011] EWHC 3106 (Comm). Taylor, Joshua. "International Maritime Arbitration and the Rotterdam Rules: A New Perspective on Party Autonomy." Austl. NZ Mar. LJ 28 (2014): 25.