Law

The four key forms of business organization include sole proprietorship, partnership, corporation, and limited liability company–each having several distinct characteristics predetermining legal, financial, and other issues. Thus, it is highly important to choose an organizational structure thoroughly as each of them has certain advantages and disadvantages that have to be considered in advance to avoid later complications (Burke, 2017).

Advantages and Disadvantages of the Four Forms of Business Organization

Sole Proprietorship

A Sole Proprietorship is a kind of business that has only one owner who employs workers if necessary. It is the most primitive and widespread form of organization characterized by: a single owner, small size and easy management, unlimited liability, and simplicity in opening and dissolving a business (Burke, 2017).

The advantages are (Burke, 2017):

• It is the cheapest and the simplest type of business that can be easily started and dissolved.
• The owner of the business is free to follow his/her strategy.
• The owner receives the whole profit (if he/she does not employ anyone).
• There are not so many regulations that this business has to follow.
• The owner does not have to pay corporate income taxes.

The disadvantages are (Burke, 2017):

• The owner cannot share responsibility with anyone else.
• The owner must invest his/her savings into the business. Since there are lots of sole proprietors, it is rather hard to raise capital.

Partnership

A Partnership is a form of organization owned by two or more people who are referred to as partners. It has three major types: general partnership (divided liability and responsibilities of partners), limited partnership (with one general partner and one or more partners having limited liability), and limited liability partnership (with no general partners) (Daft, 2015).

The advantages are (Daft, 2015):

• Although a significant amount of time is required to develop a partnership agreement, it is still rather easy to do.
• Since there are several investors, it is easier to make a profit.
• Partners do not have to pay corporate income taxes.
• It is not difficult to find employees as they are attracted by a chance to become partners.

The disadvantages are (Daft, 2015):

• Partners have to reach a compromise in obligations.
• Conflicts and disputes are inevitable and may threaten success.

Corporation

A corporation is an organization with limited liability that has numerous shareholders and is controlled by a board of directors (distinct from its owners). There are several types of corporations: S-Corp (up to 100 investors), C-Corp (any number of investors), and non-profit corporations (Daft, 2015).

The advantages are (Daft, 2015):

• Selling stocks brings additional profit to the organization.
• The ownership can be easily transferred to another person by selling one’s share.
• The value of one’s stock determines this person’s liability.

The disadvantages are (Daft, 2015):

• This form of organization is closely watched by various governmental agencies and has to follow a lot of regulations.
• Shareholders have to pay both personal income taxes and corporate ones.

Limited Liability Company

A limited Liability Company (LLC) is a private organization with owners who bear legal responsibility for its losses only to the extent of their investment (Burke, 2017).

The advantages are (Burke, 2017):

• LLC is more stable than corporations and partnerships.
• In case of losses, liability is limited.
• Ownership can easily be transferred.
• LLC usually attracts investors.
• LLC has few corporate formalities to observe.
• Tax flexibility is greater than in corporations.

The disadvantages are (Burke, 2017):

• It is a lengthy and complicated process to start LLC.
• Owners are subject to double taxation.
• Speculation on the stock exchange may produce a negative impact on stakeholders.

Business in Colorado

The business I am going to start is a network of small shops that will offer consumers organic, chemical- and preservative-free food and beverages (including delivery service), that will make an alternative to products in supermarkets. Since the purpose of the business to provide elite, high-quality products with a short life, it would be reasonable to opt for partnership as it would make it easier to organize delivery services. To start my business in Colorado, I must (Steingold, 2015):

• register it for an unemployment account;
• pay premiums depending on the form of business organization;
• submit premium and wage reports;
• ensure the proper classification of workers (employees or independents contractors);
• verify their compensation coverage;
• verity compliance with minimal wage and pay regulations.

Partnerships in Colorado have to meet the following requirements (Steingold, 2015):

A business name must be chosen before any legal action.

• A Statement of Trade name has to be filed.
• Partners must have a signed agreement.
• All required licenses, permissions, certificates, and zoning clearance have to be obtained.
• Partners must have an Employer Identification Number.
• Partnership requires a business bank account to keep business and individual finances separate.
• Any business has to obtain general liability insurance against unpredicted events.
• After the business is started, taxes have to be paid in due time.

Three alternative forms that I consider are:

• Sole Proprietorship (since it would allow me to avoid excessive red tape and save costs);
• Limited Partnership (as it would be reasonable to limit the liability of a partner by the extent of his/her investment);
• LLC (since according to the laws of the state, it provides personal protection of liability and pass-through taxation).

The only type of business entity that will not suit my idea is corporation since the business is aimed to fill a small niche in the market and has a particular target customer.

References

Burke, W. W. (2017). Organization change: Theory and practice. Thousand Oaks, CA: Sage Publications.

Daft, R. L. (2015). Organization theory and design. Boston, MA: Cengage Learning.

Steingold, F. S. (2015). Legal guide for starting & running a small business. Berkeley, CA: Nolo.

Introduction

Information technology has become an integral part of modern society because every activity virtually has a component of information technology. The use of information technology has given way to the emergence of legal and ethical issues that govern its use in various aspects of society. Legal and ethical issues include piracy, hacking, vandalism, spamming, plagiarism, and abuse of social sites. For people to use information technology appropriately, they must comply with various legal and ethical requirements lest they risk facing dire legal and social consequences.

According to Waring and Buchanan (2010), when an individual decides to use social networking sites, legal and ethical issues that touch personal and professional life arise in the process. Moreover, the use of pirated music or software has serious legal and ethical implications emanating from copyrighted materials. Hence, one must be extra careful when using information technology because it has serious implications in the aspects of law and ethics. This essay analyses three case studies and examines their legal and ethical implications in the use of information technology.

Ethical Aspect of IT

Information technology has become an integral component of modern society, for everybody is using it in day-to-day activities. Since information technology demands personal details, it raises the issue of privacy and confidentiality. The right to privacy is an inalienable right even in the realm of information technology, and fundamentally, everyone should enjoy it. However, information technology gadgets have unique serial numbers that identify each user. The serialization of gadgets implies that the extent of privacy and confidentially depends on Internet service providers and companies that have websites.

Without proper laws and regulations on the part of the Internet service providers and companies owning websites, privacy, and confidentiality of Internet users is not guaranteed. For instance, in the first case study, the Federal Bureau of Investigation managed to track and monitor what Ferrer was doing through his website. When searching for information on the Internet, one must be careful not to infringe on personal privacy (Waring & Buchanan 2010). Hence, if the Federal Bureau of Investigation has the capacity to track and monitor what people are doing on different websites or social sites, it means that the Internet does not provide essential privacy and confidentiality.

The use of information technology has enhanced the accessibility and use of information in society. Access to the information is a social right that every government is struggling to provide to its citizens. The right to access information has ethical implications because the source of information has copyrights. Moreover, accessibility to information depends on the nature and purpose of the information. Usually, governments collect demographic and economic data and then present it to the public for purposes of planning. Such a form of information is helpful in society; hence, people must have access to it. However, other information like criminal investigation or terrorism data is too sensitive for the public to access.

Although people have the right to access information, they have limited access to sensitive information that can trigger public uproar. In the second case study, although people can freely download music from the Internet, they risk being an accomplice of pirates. Waring and Buchanan (2010) assert that there are no trenchant lines between organizational information and private information. This means that one should exercise discretion in accessing and utilizing information from the Internet.

Intellectual Property

Copyright laws protect information or software that people use based on intellectual property laws. Copyright laws are indispensable as they enable people to earn from their intellectual property. Without copyright laws, pirates would duplicate information or software and use the pirated stuff in business to gain profit, while the owners incur immense losses. In the first case study, Ferrer pirated copyrighted software worth 20 million dollars, thus causing enormous losses to the software companies. Ethically, Ferrer was stealing from the software companies to make personal profits, which is quite unfair. Moreover, Ferrer’s website increased competition in the software markets because he sold pirated software at prices that are considerably below the retail prices. According to Jamil and Zaki (2011), the illegal distribution of pirated software has cost software companies a vast amount of money worth billions of dollars. In this case, Ferrer used the intellectual property of others as his own property to make millions of dollars.

The use of intellectual property as one also pleases unethical because it hurts the property owners. Since music, software, and other forms of information are intellectual properties, only the owners have the right to distribute the music according to market demands while aiming to sell and make a profit. However, when a third party starts distributing copyrighted materials at no cost, it reduces the market demand for the materials. In the second case study, Napster is providing copyrighted music for Internet users to download freely. If Internet users can access music freely by simply downloading, it means that copyrighted music is no longer an intellectual property. Jamil and Zaki (2011) state, violation of copyright laws involves “copying, downloading, sharing, selling, and distribution of copyrighted materials” (p.3467). Therefore, Napster has violated copyright laws by copying, downloading, and distributing copyrighted music.

Software Piracy

Software piracy has legal and ethical implications on the pirates and users of pirated software. Software piracy involves “unauthorized usage or distribution of the software without a license or through over permitted license” (Jamil & Zaki 2011, p.3467). Violation of copyrighted software can result in a civil or criminal case. An individual is liable for a civil case if found using pirated software. The criminal case occurs when a person cracks and produces copies of the software for personal gains. In the first case study, Ferrer is guilty of a criminal offense because he pirated software worth 20 million dollars. Furthermore, Ferrer produced copies of the software, serialized, and packaged them well by including trademarks of legitimate companies to dupe users.

Software piracy has serious consequences on software companies, pirates, and end-users. Since software companies aim at making a profit and controlling their software, piracy robs software owners of billions of dollars. According to Moores and Esichaikul (2010), “global counterfeiting and piracy are estimated to cost the U.S. economy $200-$250 billion a year and subsequently cause loss of over 750,000 job opportunities” (p.1). In the case study, Ferrer made the software companies lose 20 million dollars. However, when the FBI caught him, Ferrer was guilty of piracy, and he faced serious legal consequences since the FBI confiscated his property, received a sentence of six years under community service, and compelled to pay 4.1 million dollars in restitution for massive losses that the software companies incurred.

Music Piracy

Music is an intellectual property that copyright laws and regulations protect from piracy. Despite the fact that copyright laws and regulations prevent piracy of music through copying, sharing, distribution, and selling, individuals violate these legal requirements daily as they download and transfer music from one source to another (Jamil & Zaki, 2011). The second case study shows that Napster is providing free music to Internet users to download freely. Napster operates on the premise that searching and downloading music freely from the Internet is legal so long as the Napster members do not make any profit. Thus, it means that copyright laws allow people to upload and download music from the Internet as long as they do not use the music in profit-making deals.

Napster’s argument that downloading free music from the Internet is legal conflicts with copyright laws and is unethical altogether. Music is an intellectual property that requires protection from abuse by users for the owners to benefit from their artistic knowledge. If it is legal to download copyrighted music freely from the Internet, it means that musicians will not reap much from their talents. Piracy causes enormous losses because it deprives individuals and companies of their intellectual property (Moores and Esichaikul 2010). Thus, allowing third parties to distribute copyrighted music freely will destroy the music industry, as consumers will not have a reason to buy music when they can easily download it freely from a given website on the Internet.

Should Music be Free?

Music should not be free on the Internet as music is a profession that sustains the lives of many people. If music becomes free on the Internet, how will the musicians sustain their lives economically? Musicians who cannot earn from their profession will not perform well. Consequently, the music industry will deteriorate, as it will not be a lucrative business activity for one to venture and make meaningful profits. Thus, making music free of charge on the Internet is one way of destroying the music industry, and musicians will not foster their talents and grow professionally.

Moreover, allowing music to be free on the Internet has legal and ethical implications on intellectual property and copyright laws. Music is an intellectual property that copyright laws should protect. However, making music free on the Internet questions the essence of copyright laws. How can copyright laws protect other intellectual properties and segregate music without condoning inequity? It is impossible to apply copyright laws unfairly to copyrighted music. Hence, music should not be free on the Internet by whatever means.

Cyber Bullying

Cyberbullying has far-reaching impacts on the lives of people. By using social sites on the Internet, bullies have perfected their skills in intimidating people even if they are out of reach physical. Bullies usually publish offensive comments or pictures aimed at intimidating their victims. The offensive material is usually traumatizing and can haunt the victim to the point of committing suicide. The third case study confirms that a person can commit suicide following trauma from cyberbullying.

Mostly, cyberbullying affects adolescents because they are the majority of social sites users, and are still naïve. According to Zaidieh (2012, p.18), “social networking has a vital influence on our lives” because it has psychological influence. Cases of bullying are common among youths since bullies are taking advantage of youths’ innocence and vulnerability to bullying. Bullying of young children makes them develop fears about social issues, which ultimately affects their growth and development.

Social Networking Sites

Although social networking sites have many advantages, they also have some disadvantages. One of the disadvantages of social networking sites is that one has no guarantee of privacy after joining the sites. Zaidieh (2012) argues that users of social networking sites have reservations about their privacy. To overcome the issue of privacy, many users register in these sites using fake names to protect their privacy. Although social networking sites have privacy settings, most users are unable to use them appropriately, thus displaying their private information to the public. The third case study depicts a situation where an employee failed to safeguard the privacy of her Facebook postings.

Another disadvantage of social networking sites is that socialization takes much time for the user and causes physical and psychological problems. Zaidieh (2012) states, “social networking sites have an effect on the health of individuals because spending a lot of time browsing these social networks can affect the way the genes operate within the human body, weaken the immune and hormone levels, and affect the function of arteries” (p.19). These effects lead to poor health conditions and consequently cause physical disabilities. Moreover, too much use of social networking sites leads to addiction, which is a psychological problem. Addiction affects the learning abilities of students or productivity workers because people spend much of their time on social sites.

Conclusion

The use of information technology has become an indispensable part of modern society. Although information technology has increased access to information and communication, it has legal and ethical implications as well. Legal and ethical implications emerge as Internet users utilize software, music, and other information, which constitute intellectual property and thus require protection by copyright laws. Moreover, social networking sites are prone to cyberbullying or professional misconduct. Hence, users of social networking sites should be cautious lest they become victims of cyberbullying or guilty of professional misconduct.

Reference List

Jamil, D & Zaki, H 2011, ‘Software piracy does not hurt anyone?’, International Journal of Engineering Science and Technology, vol. 3 no 4, pp. 3467-3471.

Moores, T & Esichaikul, V 2010, ‘Socialisation and software piracy a study’, Journal of Computer Information Systems, vol. 12 no. 1, pp.1-9.

Waring, R & Buchanan, R 2010, ‘Social networking websites: The legal and ethical aspects of pre-employment screening and employee surveillance’, Journal of Human Resources Education, vol. 4 no. 2, pp. 14-23.

Zaidieh, A 2012, ‘The use of social networking in education: challenges and opportunities’, World of Computer Science and Information Technology Journal, vol. 2 no 1, pp.18-21.

An offer is largely a promise that is conditional in nature. However, it is vital to mention that an offer is not mandatory because the participating party on the other side may either accept or reject it. In addition, an offer reveals or shows that the concerned party is willing to give out a certain entity based on some given conditions. This implies that a bargain is allowed whenever an offer is placed for the first time. The element of a bargain also creates an opportunity for another party to enter into a loose contract, and thereafter be able to bargain the offer and arrive at a valid conclusion (Fehr, Hart & Zehnder, 2011).

A present intent statement is a major requirement for any placed offer. The latter refers to a solid proposal or standing point upon which the contract is supposed to be built. The identified offeree must also receive adequate communication regarding the offer at hand. In other words, establishing the basis or framework of a contract demands a prospective offeree, and of course a valid statement of intent.

At this point, it is also vital to distinguish offers from aspects such as initial bargaining phase, welcoming bidders, and marketing the available offer. These elements do not possess any intention to form binding agreements. A contract can never be formed when such aspects are responded to by the likely buyers. When there is a desire to invite offers from customers, a prospective list of available products, cost estimates, and marketing may be used. Inadequate stock can be a major setback when making offers, and that is why the courts usually prefer the same interpretation. This implies that sufficient stock must be in place before any offer can be made (Bayern, 2015).

Invitation for offers may include activities such as construction of new structures, request for bids, or advertisements. Nonetheless, when a bid is submitted, it is tantamount to an offer. In the event that the bid is accepted by the offering party, it eventually develops into a binding agreement.

Errors might also arise when submitting offers. For example, when an offer is mistakenly submitted by a telegraph company, the law will hold the individual who opted for that channel of communication liable for the mistake. Even in the case of acceptances, the same law is still applicable (Anson, Beatson, Burrows & Cartwright, 2010). The company that sends a dispatch note for the offer is merely presumed as an agent.

Terminating an offer

After the specified period of an offer has expired, it may be terminated. In offers that do not have set expiry periods, a convenient expiry time may be chosen for termination. When it comes to a reasonable time, it delves into common sense in such a way that the offer can be terminated after a particular period lapse upon which it is considered to be adequate to accept an offer.

An offer can also be outdated owing to lack of formal communication after the demise or psychological problems of the concerned persons. However, a binding contract is considered to be in place if an offer was agreed upon on an earlier date before either party became insane or died (Anson et al., 2010). Other aspects that can also lead to the termination of an offer include supervening illegality of the suggested agreements, cumbersome conditions that impede the execution of a contract, and spoilage of the subject under discussion.

Irrevocable offers

Both parties can enter into an agreement and concur that an agreed offer should remain irrevocable for a given period under the stated terms and conditions. Hence, within the agreed period, the allowed option becomes a right. Therefore, the general rule is not included for offers that fall under this category. Considerations forwarded by the offeree are binding and hence, the offer cannot be withdrawn by the offeror.

Rejection of an offer

The first instance whereby an offer can be rejected is when the other party demonstrates unwillingness to accept the given offer. For instance, a counter offer may instigate rejection of an earlier offer. In this case, a counter offer acts as a formal way of refusal towards the offer. Consequently, the offer may be subjected to further advertisement in order to invite or welcome more bidders. Nevertheless, if an offeree feels that a counter offer should not hinder the earlier progress of the offer, then the latter can continue with the process (Becker, Connolly & Slaughter, 2010).

No liability is attached to the party who initially made the offer after the later has been rejected. The same offer cannot be transformed into an agreement by the person rejecting it.

Acceptance

In the case whereby an offer goes through, it is a requirement for the offeree to append his or her signature. In other words, the acceptance style should be agreed upon by both parties. An offeree must understand the terms of the offer for the offer and acceptance to be valid. Nonetheless, a valid acceptance can still be terminated. This type of termination must have been initially bargained against, or stems from an offeree’s action. A promise is not a valid way to accept an offer. It demands an offeree to act so that the other party can fully understand the intention. Hence, the intended performance notice is necessary.

After the reception of an offer by an offeree, the offer becomes effective as it is the case with bilateral contracts. After this instance, an offer can be revoked (Becker et al., 2010). The way acceptance can appear effective is only upon dispatch. This is referred to as the mailbox rule. The rule remains to be valid regardless of what happens to the acceptance during dispatch and delivery. The only way the majority rule may be introduced is using correct address and clearing postage fees before the dispatch.

If the offeror implicitly authorizes the acceptance mode to be used, the acceptance is considered valid after it has been dispatched. However, it is vital to mention that the effectiveness of this acceptance can only remain valid if postage is paid and a correct mailing address is used (Jalil, 2011).

After receipt, an acceptance that was once revoked or rejected becomes effective. However, an acceptance that is defective or delays is considered to be a counteroffer. Unless it is accepted by an offeror, it cannot form any binding agreement.

Requirements laid out in the offer must be compatible with the acceptance in cases whereby agreements do not entail selling goods. Besides, no single element should be ignored from the requested performance or promise. In addition, silence, conduct or acts of the offeree can be used as key indicators to infer or deduce that the offer has either been accepted or rejected.

Acceptance is compliance with the terms of a given proposal. It is an essential declaration of intent that completes a contract because when an agreement is accepted, the offer becomes a contract. Acceptance is therefore, the formulation of a consistent will in form of an agreement which shows that a conclusion has been reached (Becker et al., 2010).

Counter Offer

To produce the effect of improving a contract, the acceptance must be pure and simple. As the proposal loses the binding force after expiry of a deadline given by the applicant, the subsequent manifestation of the requested offer does not compel the latter because it has not been accepted. The same is true when the offer is not accepted in full and consequently leading to restrictions or modifications. An acceptance can be:

• Express: Results from accepting the statement expressing the given consent.
• Tacit: Stems from the conduct and reveals the consent between two or more parties.

For example, a vendor usually sends products to a particular merchant and without confirming the order, makes the payments. This is an established commercial practice (Anson et al., 2010). If the latter, at some point, wants to stop it, he/she must give prior notice to the supplier. Otherwise, the vendor may be required to pay new shipment on the same basis. It is also customary to mention the case of a tourist who sends a fax to a particular hotel to reserve accommodation and clearly stating that his arrival will be on a certain date if no further notice is received.

References

Anson, W. R., Beatson, J., Burrows, A. S., & Cartwright, J. (2010). Anson’s law of contract. New York: Oxford University Press. Web.

Bayern, S. J. (2015). Offer and Acceptance in Modern Contract Law: A Needles Concept. Cal. L. Rev., 103, 67. Web.

Becker, W. J., Connolly, T., & Slaughter, J. E. (2010). The Effect of Job offer Timing on offer Acceptance, Performance, and Turnover. Personnel Psychology, 63(1), 223-241. Web.

Fehr, E., Hart, O., & Zehnder, C. (2011). Contracts as reference points—-experimental evidence. The American Economic Review, 101(2), 493-525. Web.

Jalil, M. A. (2011). Clarification of rules of acceptance in making business contracts. Journal of Politics and Law, 4(1), 109-122. Web.

Background and the Context of the US

The laws that control civilian gun ownership vary in different countries, and the history of such legislation is most often connected to notorious tragedies that involve weapons. For example, the modern Canadian gun laws are the result of the massacre at the Montreal engineering school which led to the death of 14 students at the hands of their peer. In Australia, the laws were tightened twice during the second half of the past century, both times after a similarly horrific shooting (Masters par. 12-14). In the UK, the incident in Dunblane (1996) was of consequence: after a middle-aged man had shot 16 children with legally purchased weapons, the government banned handguns (Masters par. 22). In Japan, gun laws are also quite strict, but they are believed to be the result of demilitarization after World War II (Masters par. 26-28).

On the contrary, bearing arms is an “individual right” of the US citizens (Masters par. 3-4). This right was granted to the people by the Second Amendment to the Constitution, according to which arming people (“militia,” which at the time equaled to all able-bodied males) is necessary for the “security of the free State”(Doeden 18). Apart from that, such a measure was meant for the protection of the people from the state tyranny. Since owning arms is a constitutional right, the US resists severe gun control rules, even though there are restrictions that depend on the state (for example, mental disabilities, substance abuse, former law infringements). In general, licensed gun vendors are expected to conduct background checks on their potential customers to ensure security; federal regulations do not ban high-capacity magazines and semiautomatic arms (Masters par. 3-4, 9).

As a result, the US has a disproportionate (when compared to other countries) number of civilian-owned guns that may amount to 35% of those owned by all the civilians of the world (Masters par. 5). The number of firearm homicides is corresponding: the US has the highest rate of them among developed countries. It logically follows that massacres occur in the US as well, and they tend to stir the debate over the extremely liberal gun control in America. For example, in 2015, nine people were killed in a shooting in Charleston, South Carolina, and 14 people died in San Bernardino, California in a similar situation (Masters par. 2). In anticipation of a new surge of debates, this paper dwells on the issue by considering the two opposing viewpoints and proposing a possible solution that could appease the opponents.

Viewpoints

The most common viewpoints on the issue include pro-gun ideas and pro-control ones. It would be an overestimation to claim that these two viewpoints are in any way homogeneous, but in this paper, they are going to be simplified and summarized. Pro-gun Dr. Kates insists that gun control has no direct consequences for safety but infringes the protection rights that can be traced back to the Second Amendment. Pro-control Dr. Boylan maintains that the sheer power of firearms requires control. Similarly, the position of John R. Lott, the author of the book “More Guns, Less Crime” is strongly against gun control enhancement, while Glenn Beck, Kevin Balfe, and Hannah Beck devote a book to the rebuttal of common pro-gun arguments. Here, the key arguments for both opinions will be presented and compared to illustrate the real-life dynamics of their coexistence.

One of the primary pro-gun argument consists in the fact that the Americans were given this right for a reason: the more there are guns, the less there are crimes. Lott provides a number of examples of people saving themselves and their families: elderly women fending off robbers, women scaring away potential rapists by brandishing the guns and not wounding anyone (1-3). Lott also points out that the statistics of these cases is likely to be incomplete: they are often not reported since there is nothing to report. Other stories also involve shooting assailants. For example, a woman from Atlanta killed a man who was trying to kidnap her and her baby daughter. This situation may be considered a more controversial issue, but it still proves the point that guns defend victims. According to Lott, a firearm significantly increases the chances of a victim to survive. Female victims are four times as likely to escape with a gun than without it; for men the figure equals 1.5 times (Lott 3).

A similarly basic argument of the pro-law group is equally simple and irrefutable: as pointed out by Beck, Balfe, and Beck, “guns are lethal” (3). The authors place a full stop after this argument, and their point is very clear: guns kill people. A legally acquired gun can be used for crime by a law-abiding citizen without and with intent or stolen by a criminal. A gun in a domestic quarrel can result in a tragedy; also, there is the issue of children getting their hands on a piece. For example, Shulman describes the 2015 case of an eleven-year-old boy shooting a three-year-old one after coming upon a handgun in his parents’ closet (342). Finally, there is suicide that is made simpler by the easy access to guns. It might be logical to conclude that gun control has the potential of reducing the number of firearms-related homicide and suicide cases. However, the connection between the access to guns and the related crimes is much more complicated.

To prove the point that gun control does not affect crime rates, Dr. Kates mentions the case of England: in the country, the increasing gun restrictions coincided with growing murder rates (Boylan et al. 3935). This case is the most revealing one that demonstrates the lack of direct connection between gun ownership and crime rates. Other similar cases include Russia: in the state, handguns are banned, but murder rates are four times higher than those in the US. Similarly, in France and Italy, guns restrictions are almost nonexistent, but the murder rates are much lower than that of the US. Likewise, Doeden (who prefers to avoid taking a stance in the debate in his book on gun control) mentions the case of Mexican gun laws: they are much stricter than those in America, but it does not stop criminals from obtaining arms from the illegal market (42). Here, though, it should be pointed out that Dr. Kates speaks about murder rates and does not mention firearms related deaths. Still, according to Dr. Kates, two major studies of the beginning of the century (by the National Academy of Sciences and CDC) have failed to find any evidence to the idea that gun control is capable of reducing “murder, violent crime, suicide, or gun accidents” (Boylan et al. 3936). In other words, gun control is likely to deprive victims of a way to protects themselves, but not the criminals of their weapons.

Dr. Boylan agrees that people have the right to protect themselves, but insists that their choice of the most lethal weapon at hand may be questionable. As Boylan et al. state, “weapon damage coefficient of firearms makes a quantum jump in severity and death” when compared to other forms of weaponry or, in this case, protection (3935). In fact, this “jump” is what makes a gun an “equalizer,” that is, grants the chance of defending oneself to the physically weak: women and elderly people as well as those assaulted by a group of criminals. The point of Dr. Boylan is, this kind of power cannot be left without control.

In answer, Dr. Kates insists that even “law-abiding” gun owners are not going to comply with a ban, which is illustrated by their reluctance to register firearms. Dr. Boylan replies that the difficulties in gun control are not an argument against their introduction. In this respect, a very significant point is made by Beck, Balfe, and Beck: gun control laws (however scant they may be) do exist in the US; the problem is, they are not carried out properly. The background check is controlled by rather strict legislation: lying in the form meant for this check is a felony that can be punished by a prison term of up to 10 years. Despite the danger, the number of such felonies committed during the period of one year amounted to 72,600 in 2010, but of these cases, only 44 were legally pursued (Beck, Balfe, and Beck 155-156). The authors are scandalized by this fact and point out that if a stricter gun law is not an option, the existing one needs to be carried out properly. The opposing groups are unlikely to come to an agreement, which is explained by the complexity of the issue of gun control.

Common Concerns and a Possible Solution

The concerns of the two opposing groups are very similar: they are both troubled by high crime rates and seek a way to protect the people of the US, but they support opposite ways of achieving this common goal. However, as can be seen from the analysis of the viewpoints, the opposing groups agree on one topic: the gun control legislation in the US is not working properly. The pro-gun group uses this argument to insist on the idea that the existing law is pointless and making it harsher is similarly useless: it will not result in crime rates decrease. The pro-law group, on the other hand, insists that the proper management of gun control law should affect the rates of firearms-related deaths at the very least, which, as it was pointed out, are not limited to the crime rates but also include suicide, manslaughter, and other similar issues.

The decision that appears to be logical in this respect consists in improving the control of the gun legislation rather than the gun legislation itself. It is obvious that the disturbing figures of uninvestigated felonies need to be reduced. Such a decision is unlikely to be cheap as it requires increased control over licensed gun vendors that are extremely numerous across the US, but it appears to be among the few solutions that can leave both participants of the debate satisfied. Indeed, the pro-gun group will not encounter harsher rules, and the pro-law one will witness the improvement of the current legislation. After all, it is not the harshness of the law that defines its effectiveness, and since the US gun legislation lacks power, the situation needs to be rectified.

Works Cited

Beck, Glenn, Kevin Balfe, and Hannah Beck. Control: Exposing The Truth About Guns. New York, New York: Simon and Schuster, 2013. Print.

Boylan, Michael, Don B. Kates, Ronald W. Lindsey, and Zbigniew Gugala. “Debate: Gun Control in the United States.” Clinical orthopaedics and related research 471.12 (2013): 3934-6. ProQuest. Web.

Doeden, Matt. Gun Control. Minneapolis, Minnesota: Twenty-First Century Books, 2012. Print.

Lott, John R. More Guns, Less Crime. Chicago: University of Chicago Press, 2010. Print.

Masters, Jonathan. “Gun Control Around the World.” The Atlantic Magazine, 2016. Web.

Shulman, Stanford T. “More Gun Control Ideas.” Pediatric Annals 44.9 (2015): 342-3. ProQuest. Web.

Introduction

Organ transplantation is one of the most groundbreaking medical procedures available today. Through this technology, patients who in the past would have died from diseased organs are given a new lease of life by having healthy organs transplanted into their bodies. Due to the effectiveness of transplantations in restoring heath, many people seek these procedures. The high demand for the services has caused a high need for transplant organs.

It is currently illegal to be involved in the buying or selling of transplant organs in the US. To supply the needs of the thousands of Americans in need of transplant surgeries, hospitals rely on donor organs. However, the number of organs obtained from donors does not fulfill the demand. There has therefore been some discussion on whether a regulated compensation system should be introduced.

Advocates of the commercialization of transplant organs claim that this is the only way to deal with the critical shortage being experienced currently. However, opponents of the establishment of a compensation system declare that it would be morally wrong since it would lead to the exploitation of the poor. This paper will argue that the government should allow a legal market for transplant organs to exist in order to deal with the critical shortage of these commodities and hence save lives.

Why Organ Sale Should be Legalized

The introduction of a legal organ market would help overcome the current critical shortage in transplant organs. As it currently stands, the only legal way to obtain the organs is from free donors. These donors have failed to meet the high demand for the organs and a huge deficit exits between demand and supply. Matas confirms that the markedly increased demand for organs has not been matched by an increase in the supply (216).

This has led to a situation where patients die while waiting for transplant organs to become available. Other patients have been forced to undergo painful and expensive procedures such as dialysis as they await transplantation. Commercializing transplant organs would create a financial incentive for people to provide their organs.

Research indicates that when there is a monetary benefit to providing organs, people are more willing to give up some of their organs for transplantations. Introducing a legal market in the US would therefore reduce the current shortage greatly benefiting the patients who are forced to wait for months or even years before finding an organ.

Another benefit of legalizing organs sale is that it would help deal with the thriving transplant organ black market. Sale of organs for transplant is illegal in all countries with the exception of Iran. This has led to the development of thriving black markets for transplant organs in most countries.

The black market is highly unregulated and this leads to some significant problems. Vendors in the trade can obtain the organs through illegal and violent means. According to Radcliffe, some traders extract organs from unwilling donors in order to obtain the highest profit from the sale of these organs (139). In some cases, the unwilling donors are killed during the organ extraction process. Due to the profit motivation of the black market, patients are charged very high prices for the organs while the organ sellers are often underpaid.

Most of the payment goes to a broker instead of the person who provided the organ. For example, the vendor might charge as much as $150,000 for a kidney while paying the donor a merger $2,000 (Radcliffe 140). A legal organ sale market would remove the financial incentives for the illegal traders therefore destroying the transplant organs black market.

In addition to this, a legitimate framework for the trade in organs would obligate the traders to obtain their organs from legitimate sources. The patients would also benefit from a reduced cost of organs. Currently, the black market traders charge exorbitant fees due to the monopoly they hold in the trade.

The development of a regulated organ sale system would increase the safety for patients by deterring transplant tourism. Cohen declares that the lack of a legal organ market has promoted travel abroad to purchase organs for transplant (269). The most significant transplant tourism destinations are developing countries such as India, Pakistan and Bangladesh. Thousands of patients from the developed world travel to these destinations to purchase and have new organs transplanted.

The health outcomes of transplant tourists are often lower compared to those of patients who have legal transplants in the US. Research reveals that most tourists suffer from serious post-transplant infections and surgical complications (Cohen 273). These poor outcomes are attributed to the low quality of surgery provided in the illegal transplant destinations.

Most of the facilities are ill equipped and the hygiene levels might be below standard. Most patients require intensive medical treatment when they get back to the US. A legitimate organ market would make it possible for the patients to purchase the organs in their home nation and have the procedure done in a well-equipped hospital.

Opposition to Organ Sale and Counterarguments

A major argument made against the establishment of a legal organ sales market is that the poor people would be coerced by financial pressure into selling their organs. Matas confirms that individuals living under conditions of social insecurity and economic abandonment would be most willing to sell their body parts for a quick profit (217).

This claim is supported by studies, which reveal that the poor in developing nations sell organs as a way of meeting pressing financial needs or offsetting debts. Opponents of commercialization therefore argue that legalizing organ trade would only increase the scale by which the poor are exploited. The truth is that the financial incentive provided by an organ sale market would mostly attract the poor.

Proponents of commercialization argue that trade in transplant organs will continue even without legalization. Despite the existence of laws against organ trade, there is a growing unregulated market for sales. Through the black market, the poor will sell their body parts for meager amounts while the brokers make the largest profits.

The lack of regulation disadvantages the organ sellers. Research by Cohen reveals that middlemen and clinics paid the organ sellers 33% less than they had promised (271). With the establishment of a legal market, the compensation will be fair due to regulation. This will ensure that the poor benefit more from their organs than they currently do.

Another argument made against legalizing organ sales is that this practice does not bring about long-term economic benefits for the seller. Most proponents of legalizing organ sale claim that there is nothing wrong with the poor being given a chance to benefit from their bodies. However, the economic gain obtained from organ sales is not lasting and the majority of the poor sellers are back to their original state of poverty a few years after the sale Rothman (1537). In many instances, the poor experience a decline in their health status after selling a body organ.

Their ability to generate income is reduced as a direct result of their surgery. Opponents of organ sales declare that legalization would not lead to any lasting economic benefit for the donor. Instead, the organ sales would lead to diminished health outcomes and poverty. While it is true that organ sale does not currently benefit the poor, this can be blamed on the illegal status of the trade. The brokers do not pay the poor adequately for their organs. In addition to this, some of the surgeries take place in unhygienic conditions leading to infections and surgical complications.

With a legal market, the poor would be paid fairly and the money obtained from the transaction could help improve the lives of the individual. Radcliffe states that the individual can use the lump sum paid for his/her organ to achieve upward mobility (139). Cohen asserts that one cannot defend an outright ban on organ sale if such a ban makes the poor worse off than they would be if they were allowed to commercialize their organs (276).

Conclusion

This paper set out to argue for the legalization of organ sales in the US. It began by highlighting how transplant procedures play a crucial role in restoring the health of individuals with failing organs. It then noted the current dire shortage in transplant organs and the need for a solution.

From the paper, it is clear that introducing a legal market in transplant organs would increase organ supply, mitigate black market, and prevent transplant tourism. The paper has reviewed some of the concerns raised against legalizing organ trade. It has shown that while the concerns are valid, the patient and organ donor would be better off than they currently are if the organ sale was legalized.

Works Cited

Cohen, Glenn. “Transplant Tourism: The Ethics and Regulation of International Markets for Organs.” Journal of Law, Medicine & Ethics 41.1 (2013): 269-285.

Matas, Arthur. “Payment for Living Donor (Vendor) Kidneys: A Cost-Effectiveness Analysis.” American Journal of Transplantation 4.2(2004): 216-221.

Radcliffe, Richards. “Commentary: An ethical market in human organs.” Journal of Medical Ethics 29.3(2010): 139–140.

Rothman, Sheila. “The Hidden Cost of Organ Sale.” American Journal of Transplantation 6.7(2009): 1524-1529.

Some analysts observe that black Americans have never enjoyed their rights and freedoms in the United States because they have been historically experienced unprecedented police brutally, which takes the form of harassment, unwarranted arrest, incarceration, and convictions that raises their death rates.

The brutality is perhaps systematic and intentional on the blacks carried out by the criminal justice system in the country. The trend is ongoing and is not expected to end any time soon because of the social structure and the culture that does not value the contributions of minorities and people of color.

Labeling is the biggest problem that affects the blacks in the country because they are associated with all forms of crimes, such as mugging, drug-trafficking, kidnapping, raping, money laundering, banditry, smuggling of weapons, and car-jacking (Blau 530). The recent incident in which an eighteen old boy, Michael Brown, was shot in Ferguson, Missouri is an example of police brutality that has always been meted out to innocent Americans.

The entire nation rose up to condemn the killing terming it unacceptable and highly regrettable, but analysts claim that it only exposed the problems that blacks have encouraged since independence. The Ferguson town is no zone an ordinary citizen because of the heavy presence of police who are deployed to keep an eye on the activities of the black people.

The officers are armed with sophisticated weapons and armored vehicles, which suggest that the blacks are suspected of causing mayhem in the city any time following the shooting of the schoolboy. A recent report released by the FBI following a study conducted between 2005 and 2012 confirm that a white police officer have used force against a black person at least twice a week.

The number of blacks killed in the country is ever-increasing, with casualties being those under the age of twenty-one. Unfortunately, only 8.7% of those killed annually by the police are whites aged twenty-one years and below.

The number of blacks killed annually is not accurate because the police self-report it meaning many blacks have lost their lives at the hands of the trigger happy police officers (Tolnay 221). A study conducted by the University of South Carolina professor, Geoff Alpert, suggested that the country does not have a national record on the number of unarmed civilians that the police kill.

The violence and brutality going on in the account at police stations and city streets are based on racial lines because the majority of those suffering are blacks. Brown was the fifth unarmed black person to be killed by the police within a month. Among those killed in the month include Eric Garner of Staten Island, Ezell Ford of Los Angeles, Dante Parker of California, and John Crawford of Ohio. Since the killings have been reported in over three different states, it means that blacks in the entire country are affected.

In a different study commissioned in 2007 by the ColorLines and Chicago Reporter, it was established that police killings were present in at least the ten largest cities in the country (Eltis 67). Unfortunately, those targeted were the blacks, with New York, San Diego, and Las Vegas being the most affected.

In earlier report released by the department of justice in 2008 titled police public contact survey, over seventy percent of blacks reported to have been harassed by police. In Ferguson alone, the number of blacks arrested was three times that of other races in the first four months of the year.

For some analysts, black Americans have historically faced unprecedented brutality. However, that is not the case today. To them, black Americans are not currently experiencing unprecedented brutality, such as harassment, arrest, incarceration, and conviction because criminality affects the entire community and the role of the police is to bring it down.

Any government has to ensure that life and property is protected hence the police should patrol the streets frequently to ensure no person is injured by criminals. Unfortunately, blacks find themselves being arrested and convicted quite often, but the problem lies with the community in which they live in hence the security agencies should not be blamed.

The society influences the behavior of a child meaning in case the social structure is defective, the upbringing of the child is likely to be affected. Therefore, many blacks find themselves on the wrong side of the law because of a culture that does not support the family setting. Children are left to find for their survival at the tender age, something that forces them to indulge in criminal activities.

The reality of the matter is that blacks are often discriminated against when it comes to identifying criminals. They are often labeled as thugs and street muggers because the historical problems that they have faced over the years (Leonard 28). The police are tempted to believe that any young black American is a criminal because his or her father had a questionable record. The society should change its perception towards the blacks if the problem is to be solved.

Works Cited

Blau, Judith. “White Supremacy and Racism in the Post-Civil Rights Era by Eduardo Bonilla-Silva”. Contemporary Sociology 31.5 (2002): 527-538.

Eltis, David (2008). Extending the Frontiers: Essays on the New Transatlantic Slave Trade Database. New York: Yale University Press, 2008. Print.

Leonard, Rebecca and Locke, Don. “Communication Stereotypes: Is Interracial Communication Possible?” Journal of Black Studies 23.3 (1993): 332-343. Print.

Tolnay, Stewart. “The African American ‘Great Migration’ and Beyond”. Annual Review of Sociology 29.1 (2003): 218–221. Print.

Introduction

By definition, man-made laws are laws made by people, which usually stand in opposition to the concept of natural or divine law. Natural or divine law was part of the dominant legal paradigm in Ancient Greece and Europe during the Middle Ages. According to the apologists of natural law, the virtue of human nature allows for inheriting certain rights. The rights are universal and objective since they have a transcendent source interpreted by some schools of thought as God or other entities.

In the United Kingdom, Christianity is still prevalent, and according to this religion, the natural (divine) law prescribes the adherents to incarnate the image of Christ into their lives through their deeds. Man-made law used to rank lower in comparison to natural law; however, due to the secularisation of British society, it has become the supreme law. The importance of man-made law enactment is indisputable, and its abolition would result in chaos and tragedy. This paper will discuss how the dominance of the mighty and survival of the fittest would be the possible consequences of abolition.

Functions of Law

It is essential to outline the primary functions of law to comprehend its significance. Even though the functions of divine and man-made law overlap or are similar in some aspects, a line should be drawn between the goals of their enforcement. Divine or natural law defines what is moral whereas man-made law defines what is just (Hayes 2017). Justice and morality are not interchangeable concepts: for instance, a person who committed adultery may be judged harshly by society but is unlikely to face any legal repercussions according to the United Kingdom’s current legislation. Further, man-made law determines what minimally acceptable social behavior is whereas divine law encourages one to strive for perfection and maximum compliance with the rules.

All points taken into consideration, from here on, it is only reasonable to examine the functions of the man-made law. The first function is establishing standards be it something as trivial as running everyday errands or something as intricate as the execution of justice (Ehrenberg 2016). If a conflict is to occur, man-made law is to be applied for its resolution. Lastly, man-made law exists to protect citizens’ rights and liberties; it is especially true in relation to vulnerable social groups (Ehrenberg 2016).

All in all, laws are supposed to help to maintain order in society: they eliminate double standards, offer peaceful solutions for conflicts and ensure that each citizen can enjoy his or her rights. Thus, if man-made laws of the United Kingdom were abolished, safety, integrity, order, and standards would be compromised. It is speculated that in this case, British society would be characterized by a high degree of stratification based on power and privilege.

Abolition of Man-Made Law: Maintaining Standards

The abolition of man-made law in the United Kingdom would be followed by the abuse of existing standards, if not their total disappearance. A prime example of how abolishing law would make maintaining standards impossible is what would happen to the criminal justice system. The well-established system of Justice of the peace under the concept of Queen’s Peace would crumble, and magistrates, both District Judges, and volunteers would resign and abandon their communities.

In the absence of the current legislation, certain groups of people would attempt to run criminal processes in their interests. For instance, as of now, in the UK, if a person is arrested, he or she has the right to free legal advice, communicating their whereabouts, and medical help (Being arrested: your rights n.d.). One cannot be held in custody for more than 24 hours or more than 96 hours in the case of a severe crime (Being arrested: your rights n.d.).

If a crime is not serious, a perpetrator receives a warning, has to pay a fine, or does community service (The criminal justice process n.d.). However, the mighty of the country would use minor crimes as an excuse to destroy a person’s life if they held a grudge against the said person. They would not adhere to the principles of restorative which prioritize reformation over punishment.

Abolition of Man-Made Law: Resolving Disputes

Sometimes, citizens find themselves entangled in a conflict that can only be resolved legally. Thus, laws that deal with their specific issue provide sufficient guidance as to what decision would be just and well-balanced. For instance, people have many disputes over inheriting property, and it is understandable for having real estate in one’s name is of great value. The current UK legislation outlines clear mechanisms of inheritance if a will was left as well as if a deceased owner did not leave any.

If the latter is the case, a person who wishes to deal with the estate needs to apply for probate. Usually, the UK inheritance law prioritizes spouses, civil partners, and children (Wills, probate and inheritance n.d.). If a person was legally separated from the owner when he or she died, the said person is not automatically entitled to the property (Wills, probate and inheritance n.d.). Were the inheritance law repealed, the disputes over property would be resolved in the interests of those who have more power and leverage. Since the owner obviously cannot meddle, people who would not otherwise be legally entitled would try to pressure the immediate relatives into giving up the property.

Abolition of Man-Made Law: Protecting Rights and Liberties

The equality of all human beings is a controversial concept: it is abundantly easy to see how people have different abilities, skills, backgrounds, and levels of wealth. However, what is supposed to be provided by law is the equity of opportunity, for instance, the right to education. In every society, one can find specific demographic cohorts that are at risk of having limited access to society’s common goods. In the United Kingdom, the current legislation seeks to protect the rights and liberties of vulnerable social groups. The 2010 Equality Act ensures equal employment opportunities for people with disabilities (Disability rights n.d.).

The Act prescribes employers to fairly assess such a person’s skills and make reasonable adjustments to accommodate him or her in the workplace (Disability rights n.d.). Moreover, a person with a disability cannot be chosen for redundancy only on the grounds of their health issues (Disability rights n.d.). If the Equality Act were repealed, the survival of the fittest would reign in the country, which would not allow disadvantaged people to join the workforce.

It is true that throughout the last several decades, the processes of globalization and migration trends have changed the demographics of the country. Namely, the United Kingdom has grown more ethnically, racially, and religiously more diverse. The UK government has made many attempts to protect minorities from attacks and general hostility. For instance, the 1965-1976 Race Relations Acts aimed at the elimination of discrimination on the grounds of skin color and better integration of immigrant communities (Discrimination and race relations policy n.d.).

Despite the government’s best attempts to tackle the issue from a legal standpoint, it has been reported that the number of hate crimes has doubled in the last five years (Weaver 2018). It is safe to assume that in the UK, there are still violent, politically engaged groups that would run hammock and commit even more crimes were man-made laws to be abolished. At that, they would try to assert dominance and make the lives of minorities unbearable.

Conclusion

Even though previously divine law was predominant in Western countries, nowadays, it is entirely replaced by man-made laws that prioritize justice over morality. Man-made laws fulfill a particular set of functions, and namely, they set standards for minimally acceptable behavior, societal and legal processes. Moreover, such laws are to be used in the case of otherwise unresolvable disputes; they also outline, ensure and protect rights and liberties.

The current legislation in the United Kingdom capitalizes on the inherent value of every human being, which would be undermined by the abolition of man-made laws. Some of the mighty would abuse their power to overthrown criminal justice processes and destroy the lives and reputations of innocent people. Citizens with enough power and leverage could claim ownership over any property. Lastly, the safety of minorities and vulnerable social groups would be jeopardized, and they would not be able to enjoy education, healthcare, and employment opportunities.

Reference List

Being arrested: your rights n.d. Web.

Criminal justice process n.d. Web.

Disability rights n.d. Web.

Discrimination and race relations policy n.d. Web.

Ehrenberg, KM 2016, Functions or the law, Oxford University Press, Oxford.

Hayes, C 2017. What’s divine about divine law?: early perspectives. Princeton University Press, Princeton.

Weaver, M 2018, ‘Hate crime surge linked to Brexit and 2017 terrorist attacks’, The Guardian. Web.

Wills, probate and inheritance n.d. Web.