Philosophy of Law Essay Example | Topics and Well Written Essays - 1250 words

Philosophy of Law - Essay Example In this context, principles can be interpreted differently, under the influence of the personal perceptions of the individual involved, while no such option is available in the case of rules (Raitio 294). The differentiation between rules and principles is made clear when referring to their use by judges. Indeed, in such case, as Dworkin states, rules apply ‘in all or nothing fashion’ (Culver 144), meaning that a rule can either be applied in a specific case or not, there is no intermediate status (Culver 144). On the contrary, principles, even if judges use them, do not oblige the judge involved to take a specific decision. For this reason, Dworkin notes that principles only ‘contribute in judges’ decision’ (Culver 144); principles cannot define the content of a court decision just to influence the reasoning of the judge in regard to the case involved (Culver 144); also, the judge decides whether he will use a principle, and at what level, when devel oping a decision. Peczenik (2009) refers to another differentiation of rules and principles, as described by Dworkin. Rules and principles are based on different criteria of validity. ... This means that principles cannot introduce ideas or set obligations, which are differentiated to the beliefs of individuals, at an average level, in regard to law and ethics. Also, principles cannot introduce ideas, which are in opposition with the statutes or the case law, as developed in the country involved (Peczenik 246). In legal rules, the existence of the above conditions is not examined. It is sufficient for a legal rule to have been verified by a competent institution, as explained above, in order to be considered as valid. The above terms of differentiation between rules and principles have been introduced by Dworkin and are valuable for understanding the conditions under which rules and principles are used in practice. The potential use of the view of Dworkin on rules and principles for explaining the decision of the court in the case Riggs v Palmer is examined in the study of Siltala (2000). According to the above researcher, the case Riggs v Palmer sets a critical dilem ma: when, in the context of a case, a conflict is developed between a rule and a principle, which should be the decision of judge? He should uphold the rule or use the principle for developing a decision in regard to the specific case? In such cases, Dworkin ‘used to redefine the normative conflict’ (Siltala 46); in this way, ‘the weight of the two principles’ (Siltala 46) should be taken into consideration for deciding which of these principles should be preferred. The differences between legal rules and principles, as Dworkin has highlighted these differences, are clear in the case of Riggs v Palmer (1889). More specifically: in the above case, the following dilemma appears:

Creation Myth of Radio and Its Nuance to the Story Essay

Creation Myth of Radio and Its Nuance to the Story - Essay Example It has laid a strong ground of communication as people can communicate effectively regardless of geographical barriers. Thirdly, consolidation has brought severe effects for radio industry along with its employees. Although many support this myth based on the lost jobs over past years, there are many opportunities for personal development as station facilities offer more modernized and improved facilitates. Still, as technology continues to advance at a high rate there are better training, which in turn, improves financial status for employees with better wages. Fourthly, there is a myth created on clear channels producing homogenized play lists. This implies that, radio channels do not regulate what listeners should listen to or not. However, it is obvious that clear channels carry out intensive research each year in establishing what listeners wants. They do this to ensure they reach their target audience as radio targets most people than other media of communication such as TV. Wi th radio, one needs to be close to the radio to listen but TV requires one to be near to both watch and listen. Still, there is hearsay that clear radio channels are centrally controlled. However, this may be a myth because clear radio channels operate on a high decentralized business model where few employees are situated within â€Å"San Antonio Corporate Headquarters†. In this case, it stands out that this group can run a clear radio channel and make all decisions. Fifthly, there is a creation fable that amateur radio should set a forward communication post in disaster areas. In this case, the idea of having group of volunteers in disaster areas, untrained to communication skills makes the responders nervous. There are few facts why Amateur radio... This essay approves that due to the popularity of radio, government and business should in conflict with radio amateurs. This myth emerged from early pioneers who had conflicts with Amateurs’ messages and some posed false orders to the navy vessels. Although to some extent this may be true, one may challenge this myth by arguing that Amateur radio are paramount in communicating messages effectively. this paper has discussed eight myths about radio. In brief, these myths include, radio industry being too consolidated and most competitive media industry and radio media bringing a dying media industry back to life by promoting profane talks and music. Others include, consolidation augmenting severe effects for radio industry along with its employees and clear channels producing homogenized play lists and amateur radio being initiated to bring forward communication post in disaster areas. There are those that believe that radio saves lives during emergency cases through communicating about accident cases. Lastly, there is a creation myth about the need of government and business conflicting with radio amateurs. From the mentioned myths, one can outline that there are many misconceptions about radio. However, it stands out that, radio is a powerful tool, which has brought a vast effect in the 21st century. With no doubt, it has brought effective communication by breaking geographical barriers of distance. With this regard, this paper has discussed various myths about radio and later added a greater nuance to the story.