THE PLACE OF NATURAL LAW IN KENYAS JURISPRUDENCE

The place of natural law in Kenya’s Jurisprudence Natural law propounds that true law is right reason in agreement with nature. It denies that the conditions of legal validity of laws are purely a matter of social fact. Natural law is based on the principle that although man exists in nature, he has his own nature. The nature of man is to procreate, protect his family and preserve his life. Natural law is the law which helps man to achieve these objectives. In general, the natural law theory seeks universality and commonality in human laws, institutions and values. The major proponents are Cicero, St. Thomas Aquinas, Lon Fuller, Immanuel Kant, John Finnis, David Hume and Edmund Burke. In Kenya, the natural law theory is anchored in the†¦show more content†¦It states that the purpose of recognizing and protecting human rights and fundamental freedoms is to preserve the dignity of individuals and communities and to promote social justice and the realization of the potential of all human beings. Article 20 on the application of chapter 4 states that it shall apply to all law and binds all state organs and all persons. The constitution also states that in applying a provision of the Bill of Rights, a court shall adopt the interpretation that most favors the enforcement of a right or fundamental freedom. The court shall also promote the values that underlie an open and democratic society based on human dignity, equality, equity and freedom. The Bill of rights is such a fundamental aspect of Kenya’s jurisprudence . HLA Hart sees the purpose of the law as being one of preventing society from being a suicide club. This can only arise when rights have been given to people. Property rights flow from natural rights. The constitution of Kenya guarantees the right to own property. It states that every person has the right, either individually or in association with others , to acquire and own property. This, however is subject to the power of the state to compulsorily acquire property. Besides the provision on the right to own property, trespass is an offence under Kenyan laws. It is a civil wrong. Land, which is the centerpiece of our development and our main factor of production has been a contentious issue sinceShow MoreRelatedQuestions On The Rights Law Essay6983 Words   |  28 PagesSCHOOL OF LAW LLM 2014/2015 ACADEMIC YEAR GPR 605: HUMAN RIGHTS LAW ASSIGNMENT 4: THE RIGHT TO ADEQUATE HOUSING COURSE CO-ORDINATOR: DR. NICHOLAS ORAGO SUBMITED BY: GROUP TWO SUBMISSION DATE: 7TH AUGUST 2015 DECLARATION OF ORIGINALITY FORM This form must be completed and signed for all works submitted to the University for examination. Name of Student: GROUP TWO Registration Number: N/A College: HUMANITIES AND SOCIAL SCIENCES School: LAW Department: COMMERCIAL LAW Course

The Rape Shield Laws Truly Offer The Protection Of A Fair...

Rule 412 which is the state of Tennessee’s version of the rape shield law, is designed to protect the victims of rapes and sexual assaults. The protection offered by laws of this nature was to prevent the victims of these heinous assaults from being re-traumatized on the witness stand during cross examination from the alleged perpetrators (Brody Acker, 2010). Although I am an avid supporter of the right to a fair trial, I feel compelled to be the voice for those who are often subjected to constant criticism from fellow peers, courts, news and now social media. Rule 412, although sound in premise behind its development, lacks concession with the changing times. There are far too many loopholes in our own rape shield law which begs the question if other state’s rape shield laws truly offer the protection that they were designed to employ. Capers (2013, p. 827) reports that the ongoing issue with rape victims today is the fear of having their past history put on trial and not the event that took place. It was because of this, that many rapes go unreported. In the early 70’s, legislatures and courts began to rethink allowing an alleged victim’s past sexual history admissible in court. This prompted questions as to whether that prior information was actually useful in a current case. The second question that arose was to whether the courts were actually trying the victim during the trial rather than the alleged perpetrator. This is how rape shield laws came about. Then,Show MoreRelatedMarriage and Cohabitation13809 Words   |  56 Pagesis attracting new and general attention. This movement is in accordance with the universal laws of human progress. We are impelled by the evils we suffer, and allured by the hope of gaining more light and attaining greater happiness, to seek for new truth and devise new methods for a better organization of society. This process must go on until we find the ground of all human relations in the immutab le laws of the Divine order. There is no other way of settling any question of human life and destinyRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesFlorence Luscomb and the Legacy of Radical Reform Michael Adas, ed., Agricultural and Pastoral Societies in Ancient and Classical History Jack Metzgar, Striking Steel: Solidarity Remembered Janis Appier, Policing Women: The Sexual Politics of Law Enforcement and the LAPD Allen Hunter, ed., Rethinking the Cold War Eric Foner, ed., The New American History. Revised and Expanded Edition E SSAYS ON _ T WENTIETH- C ENTURY H ISTORY Edited by Michael Adas for the AmericanRead MoreHsm 542 Week 12 Discussion Essay45410 Words   |  182 Pageswith working lunch. The working lunch would cut back on staff member not able because of child care or schooling. The working lunch would all me as the owner to bring in outside presentors to give informative data and the lastes technology or ethic laws to help the staff and protect the patient for the best health care at my local for success. The working lunch for workshops or training will be schedule  monthly and suggestion of what food choice will be left up to the staff memebers.    | | Read MoreOcd - Symptoms, Causes, Treatment131367 Words   |  526 Pagesappraisals of mental control, as well as the erroneous primary appraisals of the obsession itself. Chapters 8 through 13 provide step-by-step, detailed descriptions of cognitive and behavioral strategies for the assessment and treatment of OCD. Chapter 8 offers an evaluation of various assessment instruments for OCD and provides individualized self-monitoring forms and rating Preface ix scales for an idiographic assessment of obsessions and compulsions. Chapter 9 presents the underlying assumptionsRead MoreEssay on Fall of Asclepius95354 Words   |  382 Pagesoblivion, because we were under attack by creatures that was so beyond our understanding! Geez, there were many names given to these undead. Some called them demons, others called them lost souls. With all these names, I found only one that was truly worthy; Zombies. It was a simple word. At the same time it was the most complicated word to enter any human language. I mean just think about it... You say that word to anyone before the outbreak and what would they think of? They would, think of thoseRead MoreAccounting Information System Chapter 1137115 Words   |  549 Pagespayments at regular intervals, based on the percentage of work completed. Thus, their revenue cycles must be designed to track carefully all work performed and the amount of work remaining to be done. Service companies (e.g., public accounting and law firms) do not sell physical goods and, therefore, do not need inventory control systems. They must develop and maintain detailed records of the work performed for each customer to provide backup for the amounts billed. Tracking individual employeeRead MoreStrategic Human Resource Management View.Pdf Uploaded Successfully133347 Words   |  534 Pagessuch as by reading technical manuals, or by learning new software through self-instruction. Employers may also absorb the costs of lower productivity while workers lacking relevant skills learn through interaction with skilled employees or through trial-and-error processes. Gary Becker has noted that on-the-job training’s impact on workers’ productivity levels is frequently underrated.30 Likewise, economist Lester Thurow argues that on-the-job training provides the bulk of skills used on the job

Human Rights Violation in Apple for UNGPs- myassignmenthelp.com

Question: Discuss about theHuman Rights Violation in Apple for UNGP. Answer: Introduction The human rights are the fundamental rights of an individual as per which each person is worthy of respect and should be treated with dignity. There exists a major relationship between business and human rights as they prove to be a major instrument for promotion and realization of human rights. The United Nations Human Rights Council has developed a framework for determining the relationship between business and human rights. The workforce diversity have the right to speak, right to debate, right to receive remuneration for the work done by them as per the guiding principles on business and human rights (UNGPs) (Turmen, 2012). In this context, the present report aims to analyze the Human Rights issues of Apple Inc. Human Rights Violation in Apple Apple Inc., a world-famous American multinational technology company, involved in designing and development of electronics and software products, has admitted of facing issues related with human rights (Annual Report, 2016). The company has faced criticism due to labor issues within the workplace related to working hours, remuneration and compensation of its employees. The major issue associated with Human Rights has occurred in its China-based manufacturing unit involved in designing and development of iPads and iPhones. The Pegatron and Foxconn recognized as major suppliers of Apple faces allegations regarding the labor conditions within their workplace. The main allegations include forced overtime hours, low wages and no provisions regarding the payment for extra time worked by the employees. The poor labor conditions at the premises of major suppliers of Apples are regarded to be against the Chinese laws developed for protection of human rights (Kahn, 2016). Also, the employees of the company have also claimed mental health issues due to the excessive work and unsatisfactory remuneration policy (Apple Supplier Code of Conduct, 2017). The company was largely criticized by the campaigners of human rights for ethical violations of its Chinese factories and also not responding properly to any complaints raised by the worker for compensation and excessive work in its Chinese units. The campaigners impose several allegations on the company including excessive long hours, improper safety conditions and fatal accidents that occurred in its number of business units in China (Turmen, 2012). The Fair Labor Association had investigated the workplace environment of its Chinese units and inferred that the company need to employ more staff and implement proper safety ensures for overcoming the poor labor conditions in its Chinese units. The company had also admitted the violation of human right law in its Chinese units after the investigation of Fair Labor Association. Also, the report from China Labor Watch (CLW) had claimed that the workers do not have proper training on handling hazardous substances in its Pegatron supplier division. The workers as such were exposed to many toxic chemicals including arsenic, mercury and chromium on a regular basis (World Report, 2012). Also, it was highlighted during auditing of the company supply chain that safety exits within its factory premises are blocked. Thus, the investigation by China Labor Watch (CLW) has imposed an allegation of 23 categories of legal and ethical labor rights at its Pegatron supplier unit in China (Foley, 2012). The following violation was put against the company from the China Labor Watch report: The compensation of workers in the year 2016 was raised to $2.00 USD but the amount after deduction remained to only $1.60 USD, which is very low in comparison to $1.85 USD in the year 2015 (Ethical Consumer, 2017). The Chinese Human Rights Law restricts businesses for asking overtime work from the inetrens. However, the interns at the business units of Apple in China were attributed to work overtime at 80 hours per month on an average basis. This overtime work was approximately around full time work employment. The wage rate per hour was very low and the workers receive very low amount as remuneration about $213 USD after reduction of all the expenses. The workers of the production line were also forced to arrive 10 minutes before the scheduled time but they did not receive compensation for the extra time. The factory workers were forced to do overtime and also were not granted any leave during the peak season (Kahn, 2016). The company in its annual report had claimed to implement all the proper policies and procedures for promoting employee welfare and safety (Annual Report, 2016). However, after analysis of the report of CLW it can be stated that the company had not taken proper measures for improving the labor conditions within its workplace (Cuthbertson, 2017). There is increased need of placing focus on providing a better workplace environment to the labor on the part of management by the company. The campaigners, in this context, have emphasized on the need of global corporations to identify and execute their responsibilities towards proving a safe workplace environment to the labor. However, there are still evident issues related to human rights violations in the multinational corporations as seen in the case of Apple (Toor, 2014). The human rights issue occurred in the Apple are due to lack of collective bargaining rights of labor and non-adoption of adequate international employment framework p rinciples (Apple Supplier Responsibility, 2012). Conclusion Thus, it can be said from the overall discussion that multinational corporations need to place important measures for ensuring employee welfare as per the Human Rights Law. The occurrence of human rights issues in Apple has demonstrated the need of implementing proper policies and procedures within the workplace for employee safety and welfare. This is important as per the UNGPs, businesses holds a prominent role in advancing human rights within their workplace for promoting the welfare of the society as a whole. References Annual Report 2016. Apple Inc. [Online]. Available at: https://files.shareholder.com/downloads/AAPL/5113970642x0x913905/66363059-7FB6-4710-B4A5-7ABFA14CF5E6/10-K_2016_9.24.2016_-_as_filed.pdf [Accessed on: 3 September, 2017]. Apple Supplier Code of Conduct. 2017. [Online]. Available at: https://images.apple.com/supplier-responsibility/pdf/Apple-Supplier-Code-of-Conduct-January.pdf [Accessed on: 3 September, 2017]. Apple Supplier Responsibility. 2012. [Online]. Available at: https://images.apple.com/supplier-responsibility/pdf/Apple_SR_2012_Progress_Report.pdf [Accessed on: 3 September, 2017]. Cuthbertson, A. 2017. I-Phone 6s factory investigation reveals Apple still violates human rights of workers. [Online]. Available at: https://www.ibtimes.co.uk/iphone-6s-factory-investigation-reveals-apple-still-violates-human-rights-workers-1525151 [Accessed on: 3 September, 2017]. Ethical Consumer. 2017. [Online]. Available at: https://www.ethicalconsumer.org/companystories.aspx?CompanyId=12944CategoryId=421 [Accessed on: 3 September, 2017]. Foley, S. 2012. Apple admits it has a human rights problem. [Online]. Available at: https://www.independent.co.uk/news/world/asia/apple-admits-it-has-a-human-rights-problem-6898617.html [Accessed on: 3 September, 2017]. Kahn, J. 2016. Report details workers rights violations at Apples iPhone 7 supplier Pegatron. [Online]. Available at:https://9to5mac.com/2016/08/25/apple-china-labor-watch-pegatron-iphone-7-workers-rights/ [Accessed on: 3 September, 2017]. Toor, A. 2014. Apple is 'deeply offended' by BBC's labor abuse allegations. [Online]. Available at: https://www.theverge.com/2014/12/19/7420603/apple-tim-cook-offended-allegations-labor-abuse-supplier-china [Accessed on: 3 September, 2017]. Turmen, R. 2012. Contemporary Issues in Human Rights. [Online]. Available at: https://sam.gov.tr/wp-content/uploads/2012/02/RizaTurmen1.pdf [Accessed on: 3 September, 2017]. World Report. 2012. [Online]. Available at: https://www.hrw.org/sites/default/files/wr2013_web.pdf [Accessed on: 3 September, 2017].

Online Marketing Strategy Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Online Marketing Strategy. Answer: Introduction With increase number of Internet users in the current age the online form of marketing has become one of the most popular modes of promoting campaign. With the help of this form of marketing it is possible for any company to reach out and communicate with large number of target customers. The current study focuses on few of the elements related to online marketing that will help to promote the business of Hobbiton. The impact of social media on the tourism business is also discussed. Online marketing strategy for Hobbiton The Hobbiton tour is one of the most popular places of tourist attraction in New Zealand. The tourism company has used online marketing tool has one of the vital element of increasing the popularity of the place among the tourists. One of the most popular forms of online Internet marketing is the mode of search engine marketing that is a process of promoting the website of an organization by increasing their presence in all the popular search engine results (Wang et al., 2015). It is generally with the use of form of advertisements that the visibility within the search engine result pages can be increased. The pay per click model of advertising can be used in search engine marketing in order to attract all potential customers. The management of Hobbiton needs to create a well designed user friendly which will help all the target customers to get proper information about the tourism site. There is also an ethical issue with search engine marketing as many companies spread false information within their website. Hence, it is important for all companies to ensure that they provide proper and accurate information to all the customers, who will help to raise their popularity and brand awareness. The online booking marketing strategy is one of the most popular forms that are used by most of the companies to increase the sale and also provide valuable assistance to the customers (Bilgihan Bujisic, 2015). With the help of online booking system all the interested tourist can book the time of their visit in advance which will ensure that they are able to enjoy the place. With the help of online booking the customers can also get information about the rates and discounts that are being offered throughout the year. It is also possible for the tourist to choose their own style of Living during the visit. For example with the help of online booking of Hotel through websites the customers can check the pictures and the condition of the room that they are choosing. Impact of social media on tourism The social media is one of the widely used platforms in online marketing department. As more number of people are using social media platform like Face book and MySpace; it is easily possible for any company to use this platform in order to communicate and reach out to target customers (Howison et al., 2015). As the competition within the tourism industry has increased it is possible with the help of social media platforms to gain competitive advantage over the rivals. It is also possible for a company to track the marketing plans of rival with the help of social media platform. Another most common advantage of social media in the tourism industry is that it allows the tourism companies to interact with the audience for target customers. It is possible for the tourism company to know the demands and needs of the tourist that can be raised by posting feedbacks in the social media platforms. The manager of the companies can also held live online interactive sessions with the customer groups in order to share valuable thoughts among each other. After visiting a certain tourists location it is possible for the companies to gain valuable feedbacks about the experience that again by the visitors. The social media is also regarded as a platform where, the visitors can provide valuable suggestion s that can help to improve the quality of service (Ivanovi? et al., 2014). One of the major impacts of the online booking of tourism is that it has helped more number of people to visit the popular place of tourist attraction. The popularity of unknown less visited tourist destinations have also increased significantly as people are able to get valuable information with the help of Internet service. Overall, it has helped the tourism industry all over the world to expand and also increase the level of profits. Recommendations It is the duty of the marketing managers of Hobbiton to ensure that they have proper online database access, which will help them to attract the tourists with the help of internet marketing strategies. It is also recommended to offer timely discounts to the online customers, which will encourage the tourists to use the online booking rather than depend on the offline or manual booking service. Conclusion With the introduction of online marketing and online booking system in the tourism Industry all over the world it is possible to increase the popularity of various tourist destinations. The use of social media as a part of online marketing system has also a deep major impact within the overall system. Reference Bilgihan, A., Bujisic, M. (2015). The effect of website features in online relationship marketing: A case of online hotel booking.Electronic Commerce Research and Applications,14(4), 222-232. Howison, S., Finger, G., Hauschka, C. (2015). Insights into the Web presence, online marketing, and the use of social media by tourism operators in Dunedin, New Zealand.Anatolia,26(2), 269-283. Ivanovi?, V., Gai?, M., Ivanov, S., Stojiljkovi?, M. (2014). ONLINE BOOKING SYSTEM AS A WAY TO ACCESS E-TOURISM AND E-COMMERCE IN TOURISM.Management Education/Upravlenie i Obrazovanie,10(2). Wang, L., Law, R., Guillet, B. D., Hung, K., Fong, D. K. C. (2015). Impact of hotel website quality on online booking intentions: eTrust as a mediator.International Journal of Hospitality Management,47, 108-115.