Essay on The Ethics of Medical Research on Humans - 860 Words

The ethics behind human research has been an ongoing debate for many years. How far can we take research in the name of science? Does it matter how many or who possibly gets effected along the way ? This journal addresses these questions along with others, as it expresses human rights when medical research is involved. While examining the history of medicine, you find that the United States and many other countries, fail to protect those that can not protect themselves by conducting â€Å"medical research† errors. Who is to blame? It is almost impossible for an individual to take a medication and be cured with no side effects. Yet, the demand and expectation for such a miracle drug is so pressing. If medical research had not been conducted, the†¦show more content†¦It allowed the reader to not only sympathize with these individuals, but have empathy for their afflictions. Aside from prisoners being held in Nazi camps during this time, many individuals were being used because of â€Å"convenience†. Iacono and Jenkins describe different situations where militaries such as: the US, Japan, and Germany were trading humans to preform similar acts in the name of medicine. Showing that, despite how terrifying these acts were, medical experimentations were not limited to Germany alone, the world was doing them also. If Germany wasnt alone in these acts why are they the ones taking the blame? Germany was and is considered to be one of the most extreme cases of violation of human rights and ethics. The use of claims of fact are laid out with the Nuremberg Trials of 1945-1946. The Nuremberg Trials were enforced by the allied forces of WWII, to prosecute the political leaders, doctors, and military for their acts of crime against humanity. These trials ensured human rights, and paved the direction for the Helsinki Declaration, â€Å"[which] formed th e basis for guidelines developed in individual countries with the aim of protecting people from exploiting in the name of research and ensuring physician-researchers meet their obligations to research participants † (Iacono, 1124). As laid out in the Helsinki Declaration, there areShow MoreRelatedUnethical And Criminal Behavior During The Prussian Parliament944 Words   |  4 PagesThe experiment with human subject was brought to an attention to the Prussian Parliament, when several unethical and criminal behaviors were traced in the field of research in Germany in the nineteenth century. The research was mainly conducted unethically in the hospitals, mainly without any informed consent. 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Although the fears are natural, mostly because people have always associated the black market with a negative connotation, the ethical fears out-weigh the idea that donatingRead MoreEssay On Doing Whats Rights875 Words   |  4 Pagesonce said,† A man without ethics is a wild beast loosed upon this world.† Ethics is a huge component in any aspect of life, but it becomes extremely crucial when the well-being of a patient becomes involved. Medical ethics during clinical research should be made more regulated because organ/tissue harvesting without consent and exposing patients to invasive procedures that are not necessary are all ethical concerns that researchers say are necessary to get good research results. 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A well-written code is a true commitment to responsible business practices in that it outlines specific procedures to handle ethical failures. Within the research enterprise, the code of ethics ensures that research projects involving human subjects are

My Relationship With My Best Friend - 1299 Words

Friendship Relationship Analysis In this paper I am going to analyze my relationship with my best friend, Joanna. We have known each other for over fifteen years, but our friendship started developing seven years ago. Even though we attend different colleges I believe our friendship will remain stable, because it has a strong foundation. My friendship with Joanna has followed the three main stages of friendship development, which includes the initial contact and acquaintanceship, casual friendship, and close and intimate friendship. I will also discuss the the popular needs my friendship serves, such as affirmation, security, utility, and stimulation, as well as the the conflict management strategies we used to handle interpersonal conflict. Joanna and I’s initial contact and acquaintanceship began at church and pre-school. We met in Sunday school when we were three years old. For eight years our relationship was a friendship of association. 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Shoeless Joe Question Session Free Essays

In today’s water cooler report about the novel Shoeless Joe, a lot of interesting questions were asked. One of the questions that was asked was how has baseball changed since Shoeless Joe’s day? Do you like the changes? As the discussion started, Jay said â€Å"there are more drugs in baseball now days than in Shoeless Joe’s time. † Everyone agreed with Jay. We will write a custom essay sample on Shoeless Joe Question Session or any similar topic only for you Order Now Dhiren said that the player’s salary is a lot more, â€Å"like in the millions†. Pravena said that the baseball games were in the night. However, I disagree of that statement because in the book it clearly states that there were lights for the night games. Another question that was raised about in out discussion which asked should Ray have told his father that he was his son? Would you want to know your fortune? Would you ever tell someone their fortune? It was clear that everyone agreed with Jay’s statement which was â€Å"If you mess with the past, you change your present and future, if you mess with you future, you change your present. † For the next question about if Ray should have told his father that he was his son, Dhiren said that he just shouldn’t mess with the past. Everyone else agreed. Dhiren and I said no to the question â€Å"would you want to know your fortune† , while Pravena and Jay say that they do want to know what their fortune is because they want to know if they will live or die and have a good job or not. For the final question we all said that we would only tell someone of their fortune if it was the matter of life and death, otherwise we would just keep it to ourselves. Another question which was softly touched was the discussion about was the one which asked about whose dreams have been fulfilled in the novel? And what is your own dream? When this question arose , I jumped to my feet and I started to say things like flying, running really fast, super strength, heat vision, etc. As I said my list of dreams, everyone else said their own. Overall, the group agreed with each other that almost all the character in the novel got their dreams fulfilled. In general, out group participated and put in their own inputs when needed. Yet, I believe that Dhiren and Jay interacted the most, as a final point, the water cooler helped out group understand the story and meanings better. How to cite Shoeless Joe Question Session, Papers

Parole Evidence Rule †Free Sample Essay Solution

Question: Write an essay on the Parole Evidence Rule. Answer: The Parole Evidence Rule according to the Contract law of Australia is a substantive common law rule. It prevents the parties of a written contract against presenting the evidence that is extrinsic and discloses the ambiguity and adds or clarifies it to the written term of Contract that appears to be the whole[1]. Australian Contract Law is derived from the English Common Law System and its statutory specifications are applicable to some parts of Australia. Later on the Contractual Laws has been implemented by the Australian Parliament and also by the Australian Courts since the year 1980[2]. The term parol means words and is derived from the sources of Anglo-Norman, Anglo French or Legal French word. In support to the rational rules it is stated that according to the contracting parties there is a reduction in the agreement to any final and single writing or extrinsic evidence derived from the past and those terms shouldnt be considered while the writing is being interpreted[3]. As the parties decided to leave the agreement or those terms shouldnt be considered while writing as its the decision of the parties to leave each other from the contract. In other way it can also be stated that that the evidence prior to written contract shouldnt be contradictory to the writing[4]. The rules also states that in order to make it effective the contract should be first and finally be integrated in writing. According to the judgment of the Court it must be Final Agreement which is accepted by the parties. The objective approach of parol evidence rule discusses the manner in which the parol evidence rule is applicable and used in the territories in Australia. It is an evident fact which is observed since many years that the Australian contract law has always had an objective approach towards contracting and it is equally evident that that existence of the parol evidence rule has always been a centre of controversies in Australia[5]. Thus, even after the objective approach of contracting in Australia, the supporters of the parol evidence rule in the recent times have raised their concern whether the said parol evidence rule should be applied and made a regular usage or a law giving it a proper statute. The parol evidence rule in Australia got popular after it was intensely discussed in a famous Australian case called the Codelfa Constructions v State Rail Authority of New South Wales which was decided in the year 1982[6]. In the said case, the State Rail Authority of New South Wales had entered into a contract with the Codelfa Construction to built and erect two tunnels in Sydney for an expansion of the railway network which was planned many months in advance. The Codelfa Construction was given a deadline or a due date by which they had to complete the said work of erecting two tunnels and the final completion date for the said work was thus finalized. As the work was under a dead line, the Codelfa Construction started the work immediately trying to finish the same under the dead line by making their employees work in three shifts throughout the day. However, due to the noise that the construction work created all throughout the day, an injunction was soon issued against the Codelfa Construction. Thus, the third shift of the work was stopped for a while and Codelfa Construction was made to promise to try and minimize and reduce the construction noise between 10 pm to 6 am. Thus, the Codelfa Construction levied certain extra charges from the State Rail Authority of New South Wales to meet the needs of the changed working schedules. Thus, the primary issue in the said case of Codelfa Constructions v State Rail Authority of New South Wales is implications on the term of the contract, however while deciding the case the Judge Mason also discussed the admission on parol evidence rule in detail. Thus, the said case is considered to be one of the most important Australian case laws where the parol evidence rule was discussed and examined in great length[7]. Thus, in the judgment of the said case, Justice Mason highlighted and examined the parol evidence rule and stated that the broader objective of the parol evidence rule is to not include extrinsic evidence (except surrounding situations) and including direct statement in relation to intention and various negotiations to add to, subtract from, change or contradict or violate the language of the written agreement, contract or instrument[8]. Thus, the said clarification concerning the parol evidence rule was sufficient and most suitable to be applicable even in the American Courts. However, the said clarification when compared to the objective approach of the contracting rules in Australia, the said clarification is fundamentally different and the primary difference is that the parol evidence rule in Australia consists of a clear exception of evidence rules which realte to surrounding situations. Thus, while delivering the decision in the said case, Justice Mason reffered to the simple meaning and approach f contracts in Australia, according to which the any other additional evidence in any other form is generally avoided by the Court, if the meaning of the contract is clear and definite. However, Justice Mason even accepted that the plain meaning and approach needs the admission and acceptance of another evidence especially in situations surrounded by the formation of a contract which is necessary and required to interpret the contract if any uncertainty about it is created in a later period[9]. However, the American Courts since many years have raised the same concern rejecting the parol evidence rule stating that it allows the Court to believe that a document is allowed to have more than one or multiple meanings which makes it impossible for the Court to reach or conclude a single and accepted meaning for the said document. However, with the objective approach of contracti ng which is used in Australia, the American approach for the same becomes unacceptable and unnecessary as in the said case the Courts and the Judges do not try to determine what the contracting parties try to mean in their written contracts but only try to establish what a reasonable person would conclude if he was in the similar situation of the people writing the contract[10]. During the first half of the 20th century the English Courts and the Australian courts have insisted that the Court can explain a contract without even considering the circumstances based on which the contract was executed. However, in the year 1971 the House of Lords have held that while evidence shall be executed based on the intentions of the parties to the contract. It is irrelevant to the structure of the contract and that contracts should be excluded from evidence of the general background of the contract that is known to parties at the time when the contract was entered into. This means that though the Court will reject the terms of the contract that were not part of the written agreement, the Court will however, question the parties and shall ask them to explain what their intention or explanation had been if such a contract was part of the written contract. Justice Mason held that such terms should be included as part of evidence only when the terms were known to the contrac ting parties of the contract and that they were aware of the facts[11]. Notably, it may held that the evidence that was earlier admissible based on the factual background of the agreement shall now be not regarded as part of the evidence. Such evidence shall only be admissible if the contracting parties knew the facts of the case and nothing shall be taken as evidence unless such a clause was not part of the written agreement. This is regarded as objective theory of the contracting rule, as per this rule the original intentions of the contracting parties are considered as relevant and true and the only thing that matters here is the objective of the parties who have formed a contract together. By relying on this approach the Courts of Australia have allowed the background information to come into force as evidence that is accepted by the Court. The Court construes the written contract in a way that is understood by the parties and interprets it the way the parties to the contract should have understood it at par with the irrelevant parol evidence rule[12 ]. Mason J has construed the objective rule by saying that, There may perhaps be one situation in which evidence of the actual intention of the parties should be allowed to prevail over their presumed intention. If it transpires that the parties have refused to include in the contract a provision which would give effect to the presumed intention of persons in their position it may be proper to receive evidence of that refusal. After all, the court is interpreting the contract that the parties have made and in that exercise the court takes into account what reasonable men in that situation would have intended to convey by the words chosen. However, is it right to carry that exercise to the point of placing on the words of the contract a meaning which the parties have united in rejecting? It is possible that evidence of mutual intention, if amounting to concurrence, is receivable so as to negative an inference sought to be drawn from surrounding circumstance[13]. Sometimes Justice Mason seemed to adopt the subjective theory of contracting law. The subjective theory of law relied more on the terms and conditions of the contract. In a jurisdiction that seems to be adopting the objective theory of the contract then it nothing would be wrong if the court relied on such a theory for interpretation and analysis of the contract. It is hence understandable the reason why Justice Mason have a more positive inclination towards the objective reasoning of the contract. However, this is not the only rationale why Justice Mason has relied on the objective theory; there are many other reasons why the Judge seems to accept the objective reasoning of the contract. Once such reason may include that he feels that it would be unfair on the part of the Court to completely reject the intention of the parties and not to understand their point of view who were very well aware of the facts and circumstances of the case. This notion is absolutely opposite to the rule that is followed in America, wherein, it was seen that in most of the cases the Courts rely on the contractual terms and conditions rather than relying on the intention of the parties. Hence, we may conclude that in Australia, in most cases, the Judges prefer on relying on the objective theory. In this essay, there is the stipulation of the fact that neither the objective nor the subjective theories of making a contract are absolutely consistent in making the treatment of the rule of parole evidence. In the practical terms both the theories enable the establishment of the fact of the correct nature of contract[14]. The approach of the objective help in the identification of the idea that while entering into a contract, the parties tend to do some different thing than the terms that are agreed for working together to reach a certain goal. The relationship between the parties has received formality and it has been taken out from that realm that is social. Based on this view, the contract that is in the written form is not considered as a record that is long lasting and reliable as the agreement has been entered into between the parties a long time back and the performance that occurs results in a distinct type of social action. During the time of formalizing a contract in which the parties has made or performed a separate kind of action that is public and makes the drawing of the practices of the society that makes the dealings with the relationships in between the non-intimates. The practices that are formulated to ensure the fairness and predictability in the contractual relationships are direc ted primarily to make the resolution of the disputes that is without any concern for the continuing viability of the contractual relationship. Hence, from this perspective it can be said that the interpretation of the contract is made for the purpose of judging the objectivity of the contract. The relationships between the parties to the contract are irrelevant. The goal of the interpreter of any written contract is not to make the finding of the intention of the parties to the contract but the primary goal of interpretation of contract is make the interpretation of the contractual behavior as an act of the public. The comparison between the subjective and the objective theory of rules of contract makes the emphasis of the actors, which play a major part in the making of contract. The main actors are regarded as the people and the factors of social integration that are in the background of the contract formation. The comparison of the rule of parole evidence acts as least applicable to those agreements that are having the close acquaintance. In the likely term there would be the several presumptions and understanding in between the parties to the contract that may form in the background at the time of entering into the contract, which would be impossible to understand at the time when the agreement is reached[15]. The agreement that lies between the family members that are close are dominantly personal and unavoidable. The basis of understanding of the contracts between the close family members is to make the understanding of the terms that make the contract personal. The consideration that is relevant is the nature of the contracting behavior[16]. According to the referred matter we can state that regarding the case of writing contract we can state that the Parol Evidence Rule obstructs the admission of further extrinsic evidence in order to clarify the terms of the Contract. It basically consist of identifying and construction which means that identifying prevents the extrinsic evidence from being included into the contradict or vary terms regarding the contract as practicably they appear to be in the contract and on the other side we can also state that construction limits evidence which might be added to the explanation of those as the rule of parol works as confines. As regarded in the project the term extrinsic evidence means anything other than that of the contractual agreement in writing. This also includes oral conversation, negotiation in early stage, letters and drafts done earlier in the contract. The parol evidence rule in purpose of identifying helps in preventing admission of extrinsic evidence[17]. Parol rule is only applicable to the contract which is wholly made in writing. This means that Courts will include extrinsic evidence in order to identify the terms of those contracts which are made in writing partially. The parol evidence also applies in order to prevent the applicability of extrinsic evidence in order to construct the3 terms and conditions of the existing contract. Extrinsic evidence is also practicable in resolving the ambiguity for the terms of construction regarding the rules and regulations of the contract[18]. References: Ayres, Ian.Studies in Contract Law. Foundation Press, 2012. Botero, David Augusto Echeverry. "Contract Interpretation Law in Australia: It Is a Maze, Not a Straight Way." Carlin, Tyrone M. "Rise (and Fall) of Implied Duties of Good Faith in Contractual Performance in Australia, The."UNSWLJ25 (2012): 99. Dyani, Ntombizozuko, and Mtendeweka Mhango. "Pension death benefits under the Malawi Pension Bill 14 of 2010: reflections from South Africa and Australia."The Comparative and International Law Journal of Southern Africa(2012): 18-41. Emerson, Robert W. "Franchising and the Parol Evidence Rule."American Business Law Journal50.3 (2013): 659-728. Epstein, David G., Adam L. Tate, and William Yaris. "Fifty: Shades of Grey-Uncertainty About Extrinsic Evidence and Parol Evidence After All These UCC Years."Ariz. St. LJ45 (2013): 925. Epstein, David G., Timothy Archer, and Shalayne Davis. "Extrinsic Evidence, Parol Evidence, and the Parol Evidence Rule: a Call for Courts to Use the Reasoning of the Restatements Rather than the Rhetoric of Common Law."NML Rev.44 (2014): 49. Kee, Christopher, and Elisabeth Opie. "The principle of remediation."Sharing International Commercial(2012). Marcus, Paul, and Vicki C. Waye. "Australia and the United States: Two Common Criminal Justice Systems Uncommonly at Odds Part 2."Tulane Journal of International Comparative Law18.2 (2010): 09-78. McCormick, P. "Law reform." Mohamed, Shair, et al. "A critical appraisal of the parol evidence rule in contract law."Proceedings of SOCIOINT14: International Conference on Social Sciences and Humanities. International Organisation Centre of Academic Research, 2014. Naylor, Brownwyn, and Johannes Schmidt. "Do Prisoners Have a Right to Fairness before the Parole Board."Sydney L. Rev.32 (2010): 437. Ostendorf, Patrick. "The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?."Journal of Private International Law11.1 (2015): 163-183. Ostendorf, Patrick. "The exclusionary rule of English law and its proper characterisation in the conflict of lawsis it a rule of evidence or contract interpretation?."Journal of Private International Law11.1 (2015): 163-183. Perillo, Joseph M. "Donee Beneficiaries and the Parol Evidence Rule.". Thomas L. Rev.26 (2013): 496. Pichhadze, Amir. "Can, and Should, the Parole Evidence Rule Be Invoked by or Against Tax Authorities in Tax Litigation? Distilling Lessons from US Jurisprudence."Bulletin for International Taxation67.9 (2013): 474-490. Schauer, Frederick. "On the Relationship Between Legal and Ordinary Language."Speaking of Language and Law: Conversations on the Work of Peter Tiersma(2015): 35. Schiavo, Frank L. "Alternative Approach to the Parol Evidence Rule: A Rejection of the Restatement (Second) of Contracts; Mitchill v. Lath Revisited, An."Cap. UL Rev.41 (2013): 759.