Essay on Lies and Self-realization in A Dolls House

Lies and Self-realization in A Dolls House In Ibsens play, A Dolls House, the characters willingly exist in a situation of untruth or inadequate truth that conceals conflict. Noras independent nature is in contradiction to the tyrannical authority of Torvald. This conflict is concealed by the way they both hide their true selves from society, each other, and ultimately themselves. Just like Nora and Torvald, every character in this play is trapped in a situation of untruth. A Dolls House, can be misinterpreted as simply an attack on the religious values of Ibsens society. While this is certainly an important aspect of the play, it is not, however, Ibsens main point. A Dolls House established a method Ibsen†¦show more content†¦This longing is undoubtedly symbolic of her desire to be out of the control of Torvald and society. Despite her desire for freedom, Nora has, until the close of the story, accepted the comfort and ease, as well as the restrictions, of Torvalds home instead of facing the rigors that accompany independence. Ibsen wanted the reader to grasp one thing in the first act: Nora was willing to exchange her freedom for the easy life of the doll house. Ibsen shows that it takes a dramatic event to cause a person to reevaluate to what extent he can sacrifice his true human nature. For Nora, this event comes in the form of her realization that Torvald values his own social status above love (Brunsdale). It is important to understand Nora does not leave Torvald because of the condescending attitude he has towards her. That was, in her eyes, a small price to pay for the comfort and stability of his home. In Bernard Shaws essay on A Dolls House, he expresses that the climax of the play occurs when the womans eyes are opened; and instantly her dolls dress is thrown off and her husband is left staring at her( Shaw). To the reader it is clear that Helmer is brought to his senses when his household begins to fall apart (Shaw). It is important that Shaws grammar is not overlooked. The statements the womans eyes are opened... and Helmer is brought... both indicate that the subject of the statement is not responsible for theShow MoreRela tedHenrik Ibsen s A Doll s House Essay1408 Words   |  6 PagesHenrik Ibsen’s A Doll’s House is a play that makes tremendous contributions to the rise of international women’s liberation movements. Much significance of the play can be found in the characterization of its female protagonist Nora. In many aspects, Nora has become an iconic character, serving as a source of inspiration to various social and cultural movements. This essay aims to trace the development of Nora’s behavior from a â€Å"female doll† to a â€Å"woman rebel† by focusing on Ibsen’s use of linguisticRead MorePrice of Freedom in Ibsens A Dolls House Essay1240 Words   |  5 PagesFreedom in A Dolls House   Ã‚   Freedom is something that people in all times, places, and experiences have sought after, often against great odds and at a great personal cost. But, in the struggle for freedom, every person gains a sense of true self, if they believe that the freedom which they are fighting for is just. In almost all plays, every character has something threatened which is important to them and which they consider worth fighting for. In Henrik Ibsens play A Doll House, everyRead MoreEssay on Theme of Self-discovery in The Awakening and A Dolls House1121 Words   |  5 PagesThe Theme of Self-discovery in The Awakening and A Doll House      Ã‚  Ã‚   In Chopins The Awakening and Ibsens A Doll House, the main characters each experience an awakening. Although they lead different lives, Nora Helmer and Edna Pontelliers respective awakenings are caused by similar factors. From the beginning, neither character fits the standard stereotype of women in the society in which they lived. Another factor that influences Nora and Ednas awakenings is their marital relationship. NeitherRead More A Comparison of Individual Responsibility in Oedipus Rex and A Dolls House4312 Words   |  18 PagesIndividual Responsibility in Oedipus Rex and A Dolls House    In Sophocles Oedipus Rex and Ibsens A Dolls House, the main characters - Nora and Oedipus, are both constructed to illustrate flaws in society.   Oedipus psychological evolution sees him begin as an all-powerful, righteous king, who seemingly through no fault of his own murders his father and marries his mother.   His evolution ends with his self-blinding, an action which Sophocles uses to establish the true freedom of the individualRead MoreAgency Of Punishment And Hedda Gabler1914 Words   |  8 Pagesaristocratic woman from prosperous 19th century Norway, asserts her freedom from societal oppression by killing herself. Considering the socio-economic and cultural differences of these female characters, how could their ends be so similar? In this essay, we’ll discuss why these late 19th century, early 20th century authors chose to make suicide, or the desire for death (or other drastic behavior), agency for their female characters in these two texts. We’ll do this by analyzing the feminist themes

The Counter Revolution of 1848 - 4798 Words

COUNTER REVOLUTION OF 1848 A blend of political and social philosophy, monetary crises, and romanticism joint to build disorder in each country in Europe excluding Great Britain, which have originated the internal reforms, and Russia, which was mostly halt by its individual gargantuanism. It was in various respects a hyped edition of the 1960s in the United States, when idealists took it to the streets. The effect was a sequence of revolutions for national independence, liberal-democratic constitutions, and social reform (Bidelux Jefferies 1998). These will be the well-known revolutions of 1848, one of the supplementary important proceedings in contemporary European history. The Irish potato scarcity has an effect on the mainland. Meager crop caused food cost to skyrocket and also caused extensive joblessness in urban. Aggression broke out in Poland in an exertion of revolution which was rapidly place downward. Naples, Italy and Austria also saw armed revolution. Even sedate Switzerland saw a civil battle among radicals and conservatives. FRANCE King Louis Philippe had raised the throne among pledge of improvement and tactics to institute a bourgeoisie monarchy. On the other hand, he didnt do well on his pledge. His government was subjugated by disgrace that only the affluent people can be able to vote for deputies to the Assembly, several of whom were government bureaucrats (Sperber 2005). Legislation for public development was virtually missing, and theShow MoreRelated The Revolutions of 1848 Essay1382 Words   |  6 PagesThe Revolutions of 1848 The Revolutions of 1848 have been described as the â€Å"greatest revolution of the century†1. From its mild beginnings in Palermo, Sicily in January 1848, it did not take long to spread across the rest of Europe (Britain and Russia were the only countries not to experience such revolutions). â€Å"In 1848 more states on the European continent were overcome by revolution than ever before and ever since†2. The Revolutions became more radical but after June 1848 these revolutionaryRead MoreTo What Extent Did the Revolutions of 1848-9 Fail in Italy Due to Poor Leadership?1071 Words   |  5 Pagesfailures of 1848-9 could be blamed on the poor leadership of Individuals such as Charles Albert and Mazzini. However there are other contributing factors that should be taken into account. Although Charles Albert seems to be successful in uniting the states of Italy to strengthen his campaign, for example, by joining Lombardy and Venetia with Piedmont and merging their armies into one in 1848, and aiding the rebels in Lombardy, his poor leadership effected the outcome of the 1848-9 Revolutions. AlbertRead MoreAdvantages And Disadvantages Of The French Revolution880 Words   |  4 Pagesat a disadvantage. The revolution started in urban areas so citizens living in rural areas were unaware about the reasons for revolting. Common people had traditional views and customs so they were indifferent about a revolution. The revolution failed to recognize their goals, lacked support, weak military, and division between social classes. In the Class Struggles in France, by Karl Marx, in his own words, explains his reasonings as to why the French Revolution of 1848 failed. Marx focuses onRead MoreEssay on Nationalism and Liberalism 1368 Words   |  6 PagesOften called â€Å"the People’s Spring†, the Revolutions of 1848 marked a time of political and social turmoil widespread across the European continent. It is during this time we see monarchies overthrown, the formation of new countries, and â€Å"radical ideologies† such as Nationalism, and Liberalism become the beliefs of the middle-class. The populations of European countries were growing at a rate never seen before. The masses started becoming agitated with the current monarchial system of governmentRead MoreThe Eighteenth Brumaire Of Louis Bonaparte Essay1539 Words   |  7 PagesThe Eighteenth Brumaire of Louis Bonaparte was written by Karl Marx a few months after the December 1851 coup d’etat of Louis Bonaparte in France. I n this short text, Marx further examined the revolution of 1848 and the series of political reversals which eventually led to the coup. Marx views the coup as a consequence of sharp intensifications of class antagonisms in modern bourgeois society, which is the central idea of the theory of revolutionary change presented in the Communist Manifesto. ThereforeRead MoreEssay A Comparison of Capitalism and Marxism637 Words   |  3 Pagesideas of Gregor Hagel. Karl Marx was a German professor and theoretician, he published 2 famous works The Communist Manifesto (1848) and Das Kapital (1866). Before he could finish Das Kapital he died, Friedrich Engels finished the book. Frederik Angles was a collaborator of Marx’s and co-author of the book. Marx saw the exploitation of the common worker and predicted a revolution that would see the rise of the proletariat against the capitalistic suppressors. Proletariat is a term used by Marx to describeRead MoreEssay on Napoleon: A Leader Or Dictator.614 Words   |  3 Pagessubmitted to Plebiscite a new constitution, ending the consulate and establishing the First French Empire. Also showing Democratic Political advancement, Napoleon signed The Concordat of 1801 with the Catholic Church. He thus disarmed the threat of counter revolution among the catholic peasants. Catholicism became the quot;preferredquot; religion of France, but most importantly, Napoleon did tolerate other religions. nbsp;nbsp;nbsp;nbsp;nbsp;Next, Napoleon helped show the Age of Napoleon as democraticRead MoreIs The Revolution Inevitable? Essay2593 Words   |  11 PagesIs The Revolution Inevitable? Philosophers have interpreted the world in various ways, the point, however, is to change it. - Marx (1888, para. 11) Marx’s proposition about the role of philosophers in ‘changing the world’ is one of his most oft quoted lines yet it was written early in his personal intellectual and philosophical development. It is the 11th note in his Thesis on Feuerbach (1888) and seemingly expresses Marx at his most revolutionary if by ‘revolutionary’ we mean allotting a degreeRead More Karl Marx Essay1742 Words   |  7 Pagesabout law is mainly expressed in his publication he published alongside his friend Freidrich Engels called The Communist Manifesto (1848). In that publication he says that the traditions of the government as nothing but bourgeois influences (Augusto Zimmerman, 2006). Marx was not opposed to violence to achieve this new society. In an article published in 1848, Marx outlines how he thinks class could be eradicated. There is only one way in which the murderous death agonies of the oldRead MoreSartre s Relationship Between Existentialism And Marxism784 Words   |  4 Pagesreality of these Marxists and this has been the downfall of Marxism. He highlights the case of the Hungarian revolt where the Soviet leaders condemned the revolution because they deemed it counter-revolutionary; a conclusion that wouldn’t have been made if they had truly applied the principles of Marxism. He compares it to the Revolutions of 1848 in which Marx investigated the concrete truths of the realities and not settling for preconceived truths. Sartre desires that contemporary Marxists not only

Contract Law Text - Cases - and Materials System

Question: Discuss about the Contract Law for Text, Cases, and Materials System. Answer: Introduction: From the given scenario, it has been cleared that Rajeev has breached the contract with Paul as he has signed the registration papers of the car but due to some circumstances not able to conclude the purchase of the car. According to the Australian corporation act, 2001, the case comes under the anticipatory contractual breach. The Anticipatory contractual breach is occurs when promisor is completely disagrees or refuses to perform his obligations within the due date as promised by him (Corones, 2014). It is actually a declaration made by the other party to show his intentions of not performing his obligations according to the contract formed with the main party. This actually represents contracts destruction at the premature stage that is contracts repudiation before the performances due date. From the above statements, it is cleared that Paul has two options to perform against Rajeev under the Australian corporation act, 2001. First, Paul can treat the entire conduct under the concept of discharged and accordingly can take immediate actions to ask for compensatory damages from Rajeev. Second, Paul can treat the entire contract under operative and accordingly can wait for response from Rajeev to perform his obligations to purchase his car. Paul can demand his compensation charges according to essence time under the termination of the contract according to Australian corporation act, 2001 (Latimer, 2016). According to the concept of essence time, contracts performance needs to be performed in due time or within the implied terms and if not performed in that due date, then the main party has the legal right to terminate the contract without considering the opposite partys perceptions. This also shows that if the opposite party is not able to perform their obligations in the specified time, then the main party has legal right to act according to the Australian corporation act, 2001. The case between Foran and Wight in 1989 under section HCA 51 also resembles the same case as given in the above scenario. The following scenario can also be explained with the help of Frustrated Contracts act in 1978 by NSW government. According to this if promisor after signing certain documents and after some time not shows any intentions to perform the contract can be sued according to the Frustrated Contracts act in 1978 which makes Paul liable to claim compensatory charges from Rajeev under the section 7(2) of frustrated contracts act (Bently and Sherman, 2014). The contract may also be terminated according to lapsed time as Rajeev has not showed his intention to purchase Pauls car after passage of time. Paul can ask for nominal charges from Rajeev due to breach of contract. According to this concept of nominal charges, plaintiff (Paul) is liable to demand charges from defendant (Rajeev). These actually are the damages which are used to prove the fact that defendant has breached the contract but due to that breached contract, plaintiff has not suffered any losses (Corones, 2014). This also shows that there was no fault of Paul in the entire scenario. The case occurs between Charter and Sullivan in 1957 is representing the same concept which is given in the case problem. From the given scenario, it has been cleared that the above case basically belongs where Bhanu can resolve the matter with Rajeev under the remedy of rescission. As Rajeev had taken the equity in terms of paintings under the lease, he is the responsible person to pay the damages in case any damages or accidents may be happened with the paintings what he has leased from Bhanu. According to Australian corporation act, 2001, rescission comes under the remedied of common Australian laws (McKendrick, 2014). This basically means to self help the innocent party who has suffered the losses. According to these remedy, the innocent party can opt to terminate the agreement with the defaulter party. This mainly belongs to equity remedy where court order is required which is basically discretionary in nature that allows injured party for restoration or aside of the main contract into its pre contractual position. Under the 2nd schedule of competition and consumer act in 2010, the rescission remedies are available on breaching the guarantee on major basis or failure to comply comes under non-major basis. According to consumer law of Australia, the main party can reject to accept the goods in writing by the notice under the guarantee breached by the accused party. As from the case, it is evident that the paintings will never be again repaired, and then the case comes under major basis for breaching the guarantee (Gibson, 2012). Further, Bhanu can give some time to Rajeev for repairing the damaged paintings or can ask for the damages under the remedies. But if Rajeev fails to repair or give reasonable costs on the damages then under section 259(2) b of competition and consumer act in 2010, Bhanu can demand for the damages or ultimately can terminate the contract with Rajeev. Under section 260 of competition and consumer act in 2010, the above case comes under major failure as well as the guarantee breached by Rajeev cannot also be remedied (McKendrick, 2014). According to this Bhanu can notifies to Rajeev that he is rejecting the paintings or can recover the required compensation if any reduction in value of paintings occurs on paying or payable prices for the paintings. Further, Bhanu can also take legal action against Rajeev so that can recover his damages as occurs due to damage of paintings suffered because at the same time, Rajeev failed to comply the guarantee as he assured on protecting the value of paintings. The cases between Alati and Kruger in 1995, Vadasz and Pioneer concrete in 1995 and Phillips and Brooks are also comes under the same scenario as discussed with the case given in the problem (Poole, 2016). In all the cases, the accused party was given order to pay the remedies on the damages or losses happened to the innocent party. Bhanu will not be able to demand for remedies under rescission if contracts cannot be stored to its original position. Bhanu if continues to do transactions with Rajeev or if conducts becomes unconscionable in that cases, Bhanu cannot resolve the issue under the remedy of rescission. From the given scenario, it has been cleared that Shane has breached the contract with Paul as he has signed the contracts to pay the required amount for house within six months to Rajeev. But due to some conditions, Shane will not be able to continue with the contract. But according to the Australian corporation act, 2001, the above case comes under the anticipatory contractual breach (Virgo, 2015). According to law, Bhanu can enforce appropriate remedies for the loss or can also ignore the contractual breach and can take actions against the performance of Rajeev. The case between Foran and Wight in 1989 comes under the same scenario as discussed in the problem. Under the anticipatory contractual breach, Bhanu has the right to continue with the contract or can also terminate the contract with Shane. The damages or injunction will only be appropriate if Bhanu will decide to terminate the contract with Shane. As from the given scenario, it is cleared that Shane is the person responsible for breaching the contract and according to Australian corporation act, 2001, Bhanu can ask for the damages instead of injunction for suing of breaching the contract (Pentony et al, 2013). The damages can be on the basis of conditions breaching or warranty breaching. Under the section 243 of Australian corporation act, 2001, Bhanu can ask for damages from Shane. Damages will be more preferable in the following scenario as this enables the plaintiff to get monetary compensation or charges from the accused party for breaching the contract. The main purpose of this remedy is not to punish the accused party but to put the innocent party in such position that would make them in the financial position if the original contract will be appropriately performed (Gullifer and Payne, 2015). The case between Alexander and Credit Corporation of Cambridge in 1987 indicates the same scenario where accused was sued to pay the damages to the innocent part for breaching the contract before the completion of the original contract. Injunction is type of equitable remedy which is not the appropriate remedy for the following scenario. This is mainly order from the courts which is discretionary in nature. This is not applicable in the case if damages are more significant for the case. This remedy may be prohibitive in nature as prevents contractual breach (Andrews, 2015). This also makes the contract as mandatory which requires some obligations needs to be performed by the accused party during the contracts. The case between Lumley and Wagner in 1852 describes the same scenario where damages are more appropriate as compared to the injunctions on breaching the contracts. From the given scenario, it is evident that restitution is not the appropriate remedy for contractual breach in the following case. As there was a written contract between Rajeev and Shane which indicates that principles of remedy that is restitution is not applicable in the present case. The principle of this just includes preventing unjust enrichment in the present case. This remedy is not based on the implied promises as well as the type of quasi contracts (Moens and Trone, 2010). As from the Australian corporation act, 2001, it is evident that when the two parties are in the contracts then any remedies on breaching the contract will be entirely based on the claim for the compensation and damages. However, when parties have no legal rights for recovering their money or obtaining some compensation in terms of non monetary benefits when are in some contracts, then the remedy like restitution will be more significant and vital to use to give more effectiveness to such cases. The case between Pavey and Matthews with Paul in 1987 interprets the same thing that if the parties are in some sort of contract then they can ask for remedy in form of compensation or damages for breaching the contracts (Pentony et al, 2013). However, if the parties are not in any kind of contract or legal obligations, then they can use restitutions principles to get some benefits for breaching the contacts from the accused parties. References: Andrews, N. (2015) Contract law.UK: Cambridge University Press. Bently, L. and Sherman, B. (2014) Intellectual property law. USA: Oxford University Press. Corones, S. (2014) Competition law in Australia. Australia: Thomson Reuters Limited. Gibson, A. (2012) Australian Commercial Law. Australia: Pearson. Gullifer, L. and Payne, J. (2015) Corporate finance law: principles and policy. UK: Bloomsbury Publishing. Latimer, P. (2016) Australian Business Law. Australia: Oxford University Press. McKendrick, E. (2014) Contract law: text, cases, and materials. UK: Oxford University Press. Moens, G. and Trone, J. (2010) Commercial law of the European Union (Vol. 4).UK: Springer Science Business Media. Pentony, B., Graw, S., Parker, D. and Whitford, K. (2013) Understanding Business law. Australia: LexisNexis Butterworths. Poole, J. (2016) Textbook on contract law.UK: Oxford University Press. Virgo, G. (2015) Principles of the Law of Restitution.USA: Oxford University Press.

Tobacco Stuff Essay Example For Students

Tobacco Stuff Essay The Tobacco Issue: Where the Responsibility Lies Political-Legal Issues: The legal and political issues surrounding the tobacco industry include whether or not tobacco companies should be held liable for tobacco-related deaths of smokers and those related to second-hand smoke, as well as whether or not elected officials should be accepting money from the tobacco industry in order to win elections. When deciding where the responsibility lies in the case of tobacco, the facts can be turned to favor either side on the issue. However, the tobacco industry has followed the governments guidelines, since guidelines have been established, while the government seems to want to place blame for peoples habits on the manufacturers of products that people choose to use. Tobacco Litigation: The first issue to examine is the issue surrounding the use of the judicial system in finding responsibility for the epidemic surrounding the tobacco industry. The tobacco industry is the defendant in the majority of cases brought before the judiciary and, historically, the We will write a custom essay on Tobacco Stuff specifically for you for only $16.38 $13.9/page Order now majority of the cases have been decided in favor of the industry. In a landmark case in 1988, the tobacco industry won a huge victory against Rose Cipollone. Ms. Cipollone died a horribly painful death from cancer. The defendant in the case was Philip Morris. Philip Morris council argued that it was the womans choice to smoke. This woman had even testified that she had gone to church every Sunday to pray that she would not get lung cancer. She knew the risks involved with smoking and chose to continue smoking. Philip Morris won the case. (Byrne, 189-190). For years the tobacco industry won case after case involving cancer victims that had smoked. Even today, much of the litigation by smokers has been decided in favor of the industry. In July of 1999 the Louisiana District Court, 19th District decided the case of Robert Gilboy et al. V. The American Tobacco Co. , et al. in favor of the defense. The jury was not convinced that 45 years of smoking had caused Mr. Gilboys lung cancer. In the case of the Estate of Burl Butler, et al. V. Philip Morris, Inc. , et al. , the Jones County, Mississippi Circuit Court, 2nd District jury found the tobacco industry defendants not liable for the alleged second-hand smoke related wrongful death of Mr. Butler. This case was decided in June of 1999. An important win for the defense was gained in Kansas City, Missouri in May of 1999. The case of Michelle Steele et al. V. Brown and Williamson Corp. was decided in U. S. District Court in Kansas City. The trial was the result of a wrongful death suit brought by the children of Charles Steele. The children were suing the tobacco company for their fathers death by lung cancer at age 56. Mr. Steele had smoked cigarettes for years. The outcome in this trial is not as important as the comments made by the jury foreman in the case. Mr. White, the jury foreman, was quoted as saying that Mr. Steele knew what he was doing. He knew that cigarettes were bad for him, but that they gave him pleasure. He decided that the pleasure outweighed the dangers. (Trials, 1-3). While there have been some significant victories for the defense, there have been several recent verdicts from the judicial system in favor of the plaintiffs. The tobacco industry has already paid out billions of dollars in settlements over the past several years. In an April 1999 case, Charles Connor V. Lorillard et al. a six-person jury found in favor of the plaintiff for liability in the death of a former Kent smoker. The jury awarded $2 million in punitive damages and $225,000 in compensatory damages to Mr. Connor. The case was decided in a Baltimore, Maryland City Circuit Court. In March of 1999, Philip Morris suffered a loss in the case of Joann Williams-Branch v. Philip Morris, Inc. A Portland, Oregon jury ruled that the company was liable for the death of Jesse Williams and awarded $81 million to the plaintiff. This was not the first loss for Philip Morris. In an earlier case, decided on February 9, 1999 by the Superior Court of California, San Francisco, Henley v. Philip Morris, Inc. , et al. , the jury awarded $50 million in punitive and $1. 5 million in compensatory damages to a smoker with lung cancer. The suit was brought on behalf of an older woman that was dying of lung cancer. She had smoked Marlboro brand cigarettes for most of her life. The jury found Philip Morris liable for product defect, failure to warn, negligence, fraud, false promise, express warranty, and conspiracy. The trial judge reduced the punitive damages to $25 million, but the total award was still $26. million for a person making a conscious decision to smoke cigarettes despite warnings that they are bad for a persons health. (Trials, 1-6). The U. S. Government Legislative Branch: While the main issue before the judicial system is liability, the legislative branch of the U. S. government has also been heavily involved in the tobacco issue throughout history. This brings the issue of regulations to the forefront in this matter. Since the first major restrictions, the 1965 Labeling Act requiring warning labels on all cigarette packages, there has been a steady stream of legislation concerning the tobacco industry. In 1990, a federal law went into effect to permanently ban smoking on all flights within the continental U. S. , as well as flights between the continental U. S. and Puerto Rico or the U. S. Virgin Islands. This law covered flights of less than six hours that originated or terminated in Alaska or Hawaii, in addition to the flights within the continental U. S. In 1992, the International Civil Aviation Organization (ICAO) approved a resolution to urge restriction of smoking on all international flights. This led to the implementation of a complete smoking ban on any and all flights by July 1, 1996. (Involuntary Smoking, 1-2). The following list, taken from the American Cancer Institute, the Centers for Disease Control and Prevention, and the Multistate Master Settlement Agreement of November, 1998, is just a smattering of the extensive legislation that has involved the tobacco industry over the years. This list is not all-inclusive and does not begin to tell the story of government interdiction into private industry: There are 46 states, including the District of Columbia, that restrict smoking in public places, the most extensive of the clean indoor air laws to include restaurants and private workplaces (20 states). Forty-one states have laws that restrict smoking in state government worksites. All 50 states restrict the sale of tobacco products to minors. Twenty-three of the states may suspend or revoke a retail tobacco product license for violation of youth access laws. Twenty-two states restrict the distribution of free samples of tobacco products. Twenty-four states restrict the sale of tobacco products in vending machines. Forty-six states require licensing of anyone selling tobacco products. The multi-state Master Settlement Agreement (MSA) of 1999 requires the discontinuation of certain types of outdoor advertising, most notably billboards. The MSA also prohibits the use of cartoons by participating manufacturers in advertising, promotion, packaging, or labeling of any tobacco products. All 50 states have an excise tax on cigarettes. Forty-two of these also have excise taxes on smokeless tobacco products. Thirty states have preemption provisions in their tobacco control laws, which means that localities cannot implement any more restrictive laws than the state has mandated. The above listing only touches the surface of tobacco legislation. The laws have become very restrictive of the tobacco industry. However, it was not always this way. In 1933, the legislature actually passed laws that protected the industry. The Agricultural Adjustment Act of 1933 allowed the legislature to implement marketing quotas and price supports for tobacco farmers. These quotas and price supports effectively raised the farm-level price of tobacco. This led to slightly increased prices for tobacco products to consumers, which served to lower the consumption of tobacco products. It also allowed U. S. tobacco manufacturers to remain competitive in the world market for tobacco. Under the tobacco program, marketing quotas were set each year and were very successful in yielding higher prices for U. S. tobacco on both the U. S. and world markets. (Snell, 1). The current legislative situation has changed dramatically from this law. There are currently over 50 bills pending in the House of Representatives and the Senate concerning tobacco in some way, the vast majority of which are for further restrictions being placed on the tobacco industry. This tremendous activity helps to explain why the executive branch of the U. S. government has also thrown its considerable resources against the tobacco industry by filing suit in the federal courts against the industry giants. The U. S. Government The Federal Suit: The U. S. government, through the Department of Justice, filed a civil lawsuit against the major tobacco manufacturers for recovery of healthcare costs associated with the use of tobacco products. The government is attempting to recover billions of dollars the federal government spends yearly on smoking-related healthcare costs. The government alleges that the cigarette companies have conspired since the 1950s to defraud and mislead the public and to conceal information about the effects of smoking. The governments suit relies on three federal statutes, including the Medical Care Recovery Act, the Medicare Secondary Payer Act, and the civil provisions of the Racketeer Influenced and Corrupt Organizations (RICO) statute. The government alleges that the RICO statutes apply to the cigarette companies because they have been defrauding the public by releasing misleading research, falsifying documents, and failing to warn consumers of research the companies conducted that confirmed that cigarettes were hazardous to health. The federal governments suit is similar to the ones filed by the states, which resulted in more than $200 billion in a settlement paid to the states, but focuses on the costs incurred through the Medicare program, which is solely funded by the federal government. The government allegedly spends over $20 billion per year to treat smoking-related diseases. (DOJ, 1-3). The governments lawsuit alleges a substantial cost to American taxpayers for the care of millions of Americans who smoked and incurred alleged smoke-related illnesses. The cost to the taxpayer is the central issue in the case. The cost the government reports is not the true cost when scrutinized in its entirety. Cigarette smoking actually results in a net gain for the government. The government spends more money treating nonsmokers, since they live much longer than smokers do. Also, since the government profits from excessive tax revenues received from smokers and tobacco companies, the government has greatly benefited from the tobacco industry. (Barr, 6). To put the issue into perspective, figures are available for just three counties in northeastern North Carolina that show just a small amount of the exorbitant revenues the government collects from the tobacco industry. These three counties are not even located within the heart of tobacco country. However, they generate over $287. 4 million in excise and sales taxes for the state and federal government each year. Each acre of tobacco results in $21,616 in federal excise taxes per year. (Coltrain, 1). These figures do not include the subsequent sales tax levied on the purchase of a pack of cigarettes, effectively taxing the tax on a product. The governments claim that smoking costs taxpayers money is unfounded. The government is making a net profit each year from the tobacco industry. The governments case is also hindered by the 1947 ruling by the U. S. Supreme Court that the federal government cannot recover medical damages from private companies without statutory authorization from Congress. The governments suit is simply an act of extortion, hoping the cigarette companies will settle the case out of court as they did with the states cases earlier. When the tobacco industry settled the cases with the states, despite a string of victories in the courts, the precedent was set that the industry would rather settle than fight. The government has targeted this industry in the hopes that the industry will again cave in from the outside pressure of public opinion. (Barr, 7). This leads to the question of, why stop with the tobacco industry? The government could easily target other sectors of private industry. The alcohol industry is a prime target. There are over 105,000 deaths in the U. S. from alcohol-related causes. This is only 260,000 less than tobacco-related deaths per year. Columbia, 1). The cost to society is estimated at around $50 billion per year. In spite of the statistics revealed concerning alcohol-related death, drinking and driving remains commonplace in the U. S. There has been inadequate attention given to the problem, since law enforcement and the judicial system have been completely ineffective in deterring drunken driving incidents. Despite these facts, the alcohol industry has increased its marketing spending in order to increase the consumption of alcohol. Most of this advertising has been focused on the young male (the same allegation levied against the cigarette industry. Lucas, 1). These facts mirror the allegations the government has made against the tobacco industry. The major difference between the two industries is the fact that youth smoking is not illegal, but drinking underage is illegal in all states. The government is blaming the tobacco industry for youth smoking, yet a child can smoke a cigarette right in front of a policeman without fear of punishment. The only practice made illegal by the government is the sale of tobacco to minors. The sale of liquor to minors is also illegal, but the consumption of alcohol by a minor i s also illegal. Kids cannot drink liquor in front of a policeman without fear. The amount of money spent, annually, on alcohol related illnesses is not known, but it has to be substantial. Even so, the government has not tightened restrictions on the alcohol industry nor has it filed suit to recover any of these costs. The case is misleading. The government is suing the tobacco industry for the misuse of a lawfully manufactured product that is not defective in any way. The government alleges the industry misled the public and withheld information that would be detrimental to the sale of its product. However, the government is setting a very dangerous precedent with this case. The government is to encourage free enterprise and also set forth the ideals of freedom and self-responsibility. Holding a manufacturer liable for the misuse of a lawfully manufactured product is unreasonable. (Barr, 8-9) The cigarette manufacturers have complied with every restriction the government has placed on the industry, including warning labels and non-advertising campaigns, as well as awareness campaigns concerning the dangers associated with smoking. The government is now attempting to extort money from the industry on top of the windfall the government already receives each year. Tobacco as a Campaign Issue: This leads to the issue of accepting tobacco donations to campaign funds. Recent tobacco legislation has been thwarted in the Senate. Some say it is because of money from tobacco companies for certain candidates. However, the facts show that the tobacco industry contributes to a majority of the legislature, and the individual amounts of these contributions do not coincide with votes regarding tobacco issues. .ufd100bdb83ed5bdc4389a042c18aafca , .ufd100bdb83ed5bdc4389a042c18aafca .postImageUrl , .ufd100bdb83ed5bdc4389a042c18aafca .centered-text-area { min-height: 80px; position: relative; } .ufd100bdb83ed5bdc4389a042c18aafca , .ufd100bdb83ed5bdc4389a042c18aafca:hover , .ufd100bdb83ed5bdc4389a042c18aafca:visited , .ufd100bdb83ed5bdc4389a042c18aafca:active { border:0!important; } .ufd100bdb83ed5bdc4389a042c18aafca .clearfix:after { content: ""; display: table; clear: both; } .ufd100bdb83ed5bdc4389a042c18aafca { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ufd100bdb83ed5bdc4389a042c18aafca:active , .ufd100bdb83ed5bdc4389a042c18aafca:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ufd100bdb83ed5bdc4389a042c18aafca .centered-text-area { width: 100%; position: relative ; } .ufd100bdb83ed5bdc4389a042c18aafca .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ufd100bdb83ed5bdc4389a042c18aafca .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ufd100bdb83ed5bdc4389a042c18aafca .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ufd100bdb83ed5bdc4389a042c18aafca:hover .ctaButton { background-color: #34495E!important; } .ufd100bdb83ed5bdc4389a042c18aafca .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ufd100bdb83ed5bdc4389a042c18aafca .ufd100bdb83ed5bdc4389a042c18aafca-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ufd100bdb83ed5bdc4389a042c18aafca:after { content: ""; display: block; clear: both; } READ: My Family Structure Sample EssayAs evidenced in exhibit 1, the Senate held a vote on June 17, 1998, at which opponents to the tobacco industry lost an important vote to push legislation through concerning the tobacco industry. The Senate needed 60 votes to limit debate and force a vote on the tobacco legislation. Exhibit 1 represents tobacco PAC and individual contributions to Senators for the last three election cycles (1993-98). The average total for the 42 Senators who voted against limiting debate (in favor of the tobacco industry) was $25,748. The average total for the 57 Senators who voted for limiting debate, however, was still $7,986. The exhibit shows that both proponents and opponents of the tobacco industry willingly accept campaign contributions from the industry and from friends of the industry. The second issue is the use of huge tobacco litigation wins being used to bolster someone into a political office. The Democratic Party had hoped to capitalize on some large victories over the tobacco industry in last years major attorneys general class action lawsuit against the leading tobacco manufacturers to win gubernatorial seats in major states. Two of the most outspoken opponents of the tobacco industry, attorneys general Hubert H. Humphrey III and Scott Harshbarger, ran for governor in their respective states of Minnesota and Massachusetts. Both of them are democrats and were instrumental in negotiating large settlements with the tobacco industry for their respective states. However, both lost their bids, Humphrey finishing a distant third behind Reform Party candidate Jesse Ventura and his Republican opponent, Norm Coleman in Minnesota. Both used the tobacco issue as a major part of his campaign platform. There were several other potential candidates that lost major elections where the tobacco issue was heavily focused on in their platforms. (Torry Schwartz, A02). Most agree that the issue had become impotent since the Senate Republicans had voted to kill the national tobacco bill last June and too much time had passed. Also, the industry made a concerted effort, through advertising campaigns, to paint the Democrats as candidates in favor of higher taxes. There was at least one election where the tobacco issue was used to defeat an opponent. In Massachusetts, Acting Governor Paul Cellucci accused Harshbarger of being a taxer and spender because he supported a large tobacco tax, which was already in effect that funds Medicaid coverage for about 100,000 residents. Since Harshbarger ended up defending the tax, the campaign paid off for Governor Cellucci and he won reelection. The reason this tactic worked was not the tobacco issue itself, but the underlying elements in a candidates platform. The use of a victory over the tobacco industry has not been effective in winning an election, at least not yet. Torry Schwartz, A02). Philip Morris: In a recent article in Business Week, written by John A. Byrne, an in-depth view of the worlds largest tobacco manufacturing company shows the full scope of the tobacco issue. Philip Morris is one of the most reviled companies in the U. S. , however the company continues to be one of the worlds most generous corporations. The company contributes over $60 million in cash and $15 million in food to fight hunger, domestic violence, and to support the arts. Employees of the company contribute over $5 million a year to various charities. But, the company fights an uphill battle, even when it comes to charitable contributions. Recently, the company awarded a $4. 3 million grant to the National 4-H Council but activists were quick to mount a lobbying effort to get state groups to reject the grants, alleging that Philip Morris generosity was little more than a public relations stunt to drum up new support for the ailing industry. More than half of the agencies have since turned down the funding. The company has been attempting to cut down on youth smoking by implementing forward-thinking campaigns against youth smoking. Philip Morris has ended cigarette sampling, mail distribution of cigarettes, vending-machine sales, and mass-transit and outdoor advertising. The company has spent money and time to train more than 30,000 retailers on how to recognize face I. D. s and upped its investment in youth smoking-prevention programs to $100 million. This does nothing for the publics image of the tobacco firm and the stock has shown this disdain. In the words of the current Chairman and Chief Operating Officer, Geoffrey C. Bible, the company has become the dog of the Dow, whose stock has dropped off $83. 2 billion in value over the past several years. All of this has forced the company to expand its overseas markets in order to survive in the corporate world. The main incentives to overseas marketing and capitalization are the fact that there are more tolerant nonsmokers abroad and the opposition is less organized, but the most important reason to move is the fact that overseas consumers are less litigious than in the U. S. But, the company plans responsibility in the overseas markets. The company now has 83 youth prevention programs in 55 countries in order to prevent attack on the industry. (Byrne, 176-192). The bottom line in the debate over the tobacco industry is responsibility. This is a question that each person must answer for themselves, but the law is on the side of the tobacco firms and the political climate, though changing rapidly, must take into account the ramifications of regulations that are too stiff on an independent, legal industry before passing judgment. Tobacco is dangerous. No one disputes this claim any longer. However, the responsibility must remain with the individual. The state cannot hold an industry responsible for the misuse of a product. Tobacco is a risky product. Beer is a risky product. There are foods. that are risky products. I think that adults are wise enough to make decisions about those things. I am concerned about a society that might restrict or restrain those choices. You know, today its tobacco. Tomorrow, maybe its beer. The next day, it might be hot dogs. I think Im capable of deciding whether or not I want to eat a hot dog. This quote is from Robert A. Eckert, Chief Executive Officer of Kraft Foods, Inc. (Byrne, 184) and vividly illustrates the slippery-slope possibilities surrounding more and more legislation of the tobacco industry. Economic Issues Since the 1930s, the United States government has strictly regulated the tobacco industry. However, the last few decades have shown the most drastic regulations including the regulation of sale as well as advertising of tobacco in this country. The ultimate intention of the government is to reduce the amount of tobacco consumed by consumers in this country in order to provide healthier lives for the American population. The tobacco industry has seen the consumption of its products rise worldwide. It has grown in about 100 countries and takes in more than $275 billion in sales with about 1. 5 percent growth per year. These numbers are in spite of a 2 percent decrease in the 1. million smokers, which accounts for over one quarter of the worlds population, over the last decade (Hoovers). One may wonder how this is possible. One reason is that some government restrictions actually work in the tobacco companies favor. Since the tobacco companies are not allowed to spend virtually any money on marketing domestically, they have more money to spend on marketing overseas, where its markets continue to grow due to the prestige of the American blend cigarettes. This rise in tobacco use accompanies the rise of disposable income in these markets, where regulation and demonization have not had an impact yet (Masters, 87). China consumes about 30 percent of all cigarettes produced, more than any other country. The China National Tobacco Corporation also leads the world in tobacco and cigarette production. The U. S. only accounts for about 10 percent, but the industry takes in about $45 billion yearly. This comes out to the average smoker spending more than $260 per year on tobacco products. Sales in the industry have also shown an increase in the past decade from just over $200 billion to well over $260 billion (Hoovers). The U. S. obacco industry is extremely profitable because of the oligopoly the companies have, which makes entry into the market extremely difficult. The level of sales needed to justify the enormous legal cost associated with this controversial market also makes market entry difficult for new companies. Although tobacco companies profit margin is about double that of any other packaged good, the substantial costs of packaged goods on a national scale, along with the money it takes to acquire facilities for production and distribution, are major barriers to entry in the tobacco industry (Hoovers). Higher selling prices and greater restrictions on where people are allowed to smoke have proven to be effective in lowering the consumption of tobacco. Another factor that has lowered consumption is Americas increased interest in healthy living, largely attributable to the baby boom generation. The older people get, the more they pay attention to what constitutes a healthy lifestyle. These factors have called for the increased government regulation of tobacco in its industry. The regulations the government has set forth however, have ironically made the tobacco companies more profitable. The U. S. and state governments are direct beneficiaries of these profits receiving $11. 9 billion from excise taxes in 1993 (Coltrain). Tobacco, in this aspect, can be argued that it is a great economical asset to our governments. In 1998, a $206 billion agreement was reached between tobacco producers and 46 states to resolve all state claims for health costs related to smoking, which has forced the tobacco companies to make changes (Melillo). Earlier this year, advertising on billboards, sides of buses, subways, and tops of taxis has come to a halt. Stadium advertising has also stopped and tobacco companies are only allowed one sponsorship per year per company. In addition to this agreement, President Clinton signed legislation in August of 1997 to reduce tobacco consumption even further. This legislation will increase the federal excise taxes (FET), on cigarettes to 34 cents per pack beginning on January 1, 2000. Taxes on other tobacco products will also increase accordingly. On January 1, 2002, the FET will increase again for all tobacco products with a 39 cents per pack increase for cigarettes. In addition to the federal taxes, states can also impose taxes on tobacco products. These taxes range from one dollar per pack to as low as 2. 5 cents per pack. 43 states impose sales tax on cigarettes. The USDA has estimated that the taxes on tobacco have caused the consumption of cigarettes to decline nearly 10 percent from 1990 to 1998. The reason consumption has declined is because of consumers demand elasticity. Demand elasticity is a measure of how responsive a market is to price changes. Since the tobacco market is elastic, an increase in price would cause a drop in consumption (Standard Poors). The $206 billion dollar settlement that was reached last year between the tobacco companies and the 46 states was a compact replacement of the first attempted deal. The cigarette makers agreed to give the states $358 billion over 25 years, plus $10 billion up front in lump-sum damages. The money would have come from raising cigarette prices by 35 cents per pack straight away and by 62 cents after five years, plus allowances for evaluation. The only people this deal would hurt would be the consumers. This plan failed because congressional leaders were not brought on board, and for the plan to work they had to agree to it. The bill was then recast as a company-bashing measure and the manufacturers backed out. This resulted in the $206 billion settlement, a multi-state deal that required no cooperation in Washington (Standard Poors). It would have been better for states to impose an explicit, well-designed tax with more marketing restrictions. Instead, the settlement allows each participating state to levy a tax on cigarettes sold anywhere in America. The states that do not take part will still pay the tax and will receive no share of the revenues, which is a strong incentive for states to sign on. The reasons the explicit, well-designed tax with more marketing restrictions was not imposed is because there would have been nothing in it for the lawyers. These taxes would have also required express legislative approval state by state, which the settlement was designed to get around, and because an explicit tax could only be levied by any particular state only on cigarettes sold within that state. In short, the lawyers have come up with the settlement so they can get a piece of the action (Economist). Agriculture The nations crop of leaf is grown by tobacco farmers, located mainly in the southeastern U. S. , and accounts for 502,210 jobs (Capehart). Their crop is usually sold at public auction to the highest bidder. Leaf prices are supported under the Agricultural Adjustment Act of 1933, which has been amended many times over the years but the programs basic components remain in place. U. S. tobacco growers are guaranteed minimum prices through price supports and this system has made U. S. grown tobacco more expensive than most non-U. S. tobacco, which results in a decline in exports (Standard Poors). The number of farms growing tobacco has declined rapidly during the last 40 years. From 1992 to 1997 farm numbers declined more than any other period since 1950. This trend toward fewer, larger farms will continue, but at what rate will depend on several factors such as the factors covered earlier: policies and programs affecting tobacco, U. S. and world consumption of tobacco, and alternative crop and off-farm income opportunities for tobacco growers (Foreman). Ethical Implications Ethics is the general nature of morals and the specific moral choices an individual makes in relating to others. Like most major issues, the tobacco issue poses some ethical questions that are difficult to answer. One factor that makes these ethical questions so difficult is that people generally search for the answer that pleases them the most. For example, if one were to ask a person who had developed lung cancer from smoking whether or not the big tobacco companies should be responsible for his or her disease, he or she would probably answer affirmatively. However, if someone were to ask a nonsmoker who should be responsible, he or she would probably answer that the individual himself is responsible. Some of the ethical issues that society is facing with the tobacco industry are: the placement of responsibility on the consumer or the producer, the question of whether the producers have to pay compensatory damages for smoking illnesses, the issue of involuntary smoking, selling in foreign markets and lastly the promotion of tobacco products. .u997c4ef9623d4d7b3d0f5465e2f87b8e , .u997c4ef9623d4d7b3d0f5465e2f87b8e .postImageUrl , .u997c4ef9623d4d7b3d0f5465e2f87b8e .centered-text-area { min-height: 80px; position: relative; } .u997c4ef9623d4d7b3d0f5465e2f87b8e , .u997c4ef9623d4d7b3d0f5465e2f87b8e:hover , .u997c4ef9623d4d7b3d0f5465e2f87b8e:visited , .u997c4ef9623d4d7b3d0f5465e2f87b8e:active { border:0!important; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .clearfix:after { content: ""; display: table; clear: both; } .u997c4ef9623d4d7b3d0f5465e2f87b8e { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u997c4ef9623d4d7b3d0f5465e2f87b8e:active , .u997c4ef9623d4d7b3d0f5465e2f87b8e:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .centered-text-area { width: 100%; position: relative ; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u997c4ef9623d4d7b3d0f5465e2f87b8e:hover .ctaButton { background-color: #34495E!important; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u997c4ef9623d4d7b3d0f5465e2f87b8e .u997c4ef9623d4d7b3d0f5465e2f87b8e-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u997c4ef9623d4d7b3d0f5465e2f87b8e:after { content: ""; display: block; clear: both; } READ: John D. Rockelfeller was a rich man who made his f EssayTobacco use accounts for at least 29% of all cancer deaths, is a major cause of heart disease, and is associated with conditions ranging from colds and gastric ulcers to chronic bronchitis, emphysema, and cerebrovascular disease. On average, each cigarette pack sold costs Americans more than $3. 90 in smoking-related expenses. The fact is, when smokers purchase a pack of cigarettes at the store they know what they are buying! Like many other products that are sold today, they are dangerous to your health if used excessively. If it were to be decided that the tobacco companies were responsible for smoking related illnesses, it could open up a whole new view on product liability. Take the alcohol industry for example: drinking an excessive amount of alcoholic beverages has been proven to increase the chances of developing serious health problems. Should the alcohol manufacturers be responsible for this? The logical answer is no! There have been warnings posted on cigarette packs since 1966 informing the consumer of the carcinogenic contents of cigarettes and their harmful effects. Consumers of tobacco products understand that there are certain health risks involved in smoking. It is not a case of merely educating people about the risks of smoking. What it comes down to is personal freedom: people have the right to smoke. Accompanying any type of right or privilege are consequences and responsibilities. People make the conscious choice to smoke and must therefore accept the consequences of that choice. Smoking costs the United States approximately $97. 2 billion each year in health-care costs and lost productivity. The ethical question posed here is whether or not the government should be compensated for this cost. The U. S. Justice Department launched a multi-billion dollar lawsuit against the tobacco industry, accusing the worlds largest cigarette companies of conspiring to defraud and mislead the public for more than 40 years. The lawsuit, filed in Washington, seeks to recover the medical costs for treating smoking-related conditions paid by the federal government over the past six years as well as a potentially huge sum representing the disgorgement of ill-gotten gains dating back to the 1950s (Edgecliffe, 1). Critics of this lawsuit say that the case is not based on facts and that the government is merely trying to make a financial gain. They also point out that the government has been involved in almost every aspect of the tobacco industry and has already collected tens of billions of dollars in taxes on cigarette sales. The case brought on by the justice department is not the only threat against the big tobacco companies. There are also cases being filed by 46 U. S. states, individual sick smokers, and even class action lawsuits. If the case with the U. S. Justice Department was settled, it would prohibit punitive damages for all future legal claims against the tobacco industry, set an annual cap on the amount of compensatory damages allowable in all future legal cases against the industry, prohibit class-action lawsuits, third-party payer suits, and claims against industry attorneys, and legislatively settle all present and future claims of potential plaintiffs, including generations of future tobacco victims not yet born (Siegel, 15). Each of these rulings involves some ethical implications. By prohibiting punitive damages and putting a cap on the amount of compensatory damages, the Justice Department is addressing the fact that the tobacco manufacturers are not doing anything wrong in production of their products, but it allows for people to collect compensatory damages up to a certain limit when serious illnesses occur. When considering the ethical implications of smoking, one must look at everyone involved in the issue. Certainly, the consequences of tobacco use directly affect the user, who suffers the harm resulting from a conscious choice of using the substance. Just as significantly, passive inhalation has contributed to the declining health of non-users, who are exposed to this product (Otapski, 1). In 1993, the U. S. Environmental Protection Agency declared that secondhand smoke is a human carcinogen. They estimate that about 3,000 nonsmoking adults die of lung cancer each year as a result of breathing the smoke of others cigarettes. Government regulations relating to smoking in public buildings were rare prior to the 1970s. Most of the regulations that were in effect were intended to promote safety through fire prevention. The number of regulations relating to second- hand smoke in public buildings has grown tremendously. These statutes, generally known as clean indoor air laws, extended public safety concerns by limiting the nonsmokers exposure to tobacco smoke in public establishments and private work places (Otapski, 2). Smokers and nonsmokers have conflicting interests in exercising their respective liberty in shared facilities. To completely ban cigarette smoking would be unjust to smokers; yet allowing people to use tobacco products in public buildings, even if it is segregated, infringes on the non-users rights. This is the ethical problem that concerns individual rights. Since the effects of secondhand smoke were discovered, most public places have banned cigarette smoking while others have divided the seating up into smoking and nonsmoking sections. Per capita consumption of cigarettes continues to decline in the U. S. Data from the National Health Interview Survey (NHIS) shows that cigarette smoking among adults aged 18 and over declined 40% between 1965 and 1990. There was little to no change in smoking prevalence between 1990 and 1994, however. This has prompted the larger tobacco companies to use more aggressive marketing by expanding into foreign markets, hence increasing tobacco exports from about 2. 1 billion in 1986 to 5. 3 billion in 1996. The largest overseas markets for U. S. igarettes are Japan and Europe. Does the U. S. bear any responsibility for chasing tobacco overseas? Not if it is determined that people are responsible for their own choices; there is no way to justify that it is morally wrong for the companies like Phillip Morris and RJ Reynolds to be responsible for smoking related illnesses that occur overseas. The promotion of tobacco products is another area that has ethical implications. Critics of the tob acco companies suggest that the advertising for their tobacco products is geared toward the younger generation. This was especially true after the introduction of Joe Camel by RJ Reynolds. Before his introduction, Camel captured 1% of the teen market; now its 60% (Bangor, 12). In defense of the tobacco companies since most youth-oriented magazines have many more adult readers than youth readers, these studies cannot exclude the possibility that cigarette advertisements in these magazines may be targeting young adult readers age 18 to 24 rather than those younger than 18 years of age (King, 516). On August 23, 1996, President Clinton approved the FDA regulation which includes reducing easy access to tobacco by youth by: setting a minimum age of 18 with age verification, banning vending machines except where minors are not allowed, prohibiting the sale of single cigarettes, and prohibiting the distribution of free cigarette samples. The FDA has also created other regulations in order to reduce the appeal of tobacco products to children. There are numerous ethical implications when looking at the tobacco issue. The biggest issue is that of responsibility. The tobacco companies should not be held accountable for the illnesses that people incur from using tobacco products. There are many products on the market that can cause health problems if used in excess; cigarettes are not excluded. Since the consumer is responsible for his or her actions, the tobacco manufacturers should not be obligated to pay any compensatory or punitive damages on behalf of the tobacco user. Tobacco use in the U. S. is currently experiencing little or no growth. This is due partially to the more rigid regulations regarding advertising and to the fact that smoking is no longer allowed or has been constricted to a certain area in most public buildings. Since tobacco use is slowing down in the U. S. , the tobacco giants are focusing their efforts toward foreign markets. The responsibility should be lifted for tobacco companies who sell their products overseas, as long as they follow the same requirements that the FDA has implemented in the U. S. No matter what country, people are ultimately responsible for how they want to live their lives. If they choose to buy a pack of cigarettes and ignore the risks written on the package, that is their right! Everyone knows that smoking kills, the question is: is it worth it? Social Aspects of Tobacco Smoking The consumption of tobacco by smoking is quite an intriguing social phenomenon. Although there are opposing views as to whether or not substances found in the smoke, such as nicotine, are physically addictive, it is not difficult to see the social compulsion exerted on a large number of people. There are a number of ways in which we can observe some of the unique social aspects of smoking. One of the most interesting is that of the smokers bond. There exists, among a surprising number of smokers, an instant unspoken bond amongst them, strictly because they do smoke. A smoker who happens to be out of cigarettes can approach a total stranger on the street and ask for a cigarette, and it is not perceived by the general public as being particularly odd. It is hard to think of any other consumable good that forms this kind of bond amongst strangers. Another interesting observation is that of the cigarette as a prop, or as a tool. One might incorporate their smoking habit into their personal set of gestures and way of speaking, assimilating the habit into their personality so to speak. Additionally, smoking a cigarette can be used as a tool to pass the time, or to give the illusion of having an activity. If a person is standing on a street corner, just looking around and/or staring off into space, you might think What is that person doing? But if that same person were instead smoking a cigarette, now they have an activity: Oh, that person is stopping to have a smoke. These and other examples make a strong argument for tobacco smoking as a social addiction, perhaps even moreso than a physical addiction. Techniques employed by tobacco companies Tobacco companies do attempt to encourage consumption at the youngest legally allowed ages. Studies show that 80 to 90 percent of U. S. smokers took up the habit before age 20. (CQ Researcher) This however, is nothing more than strategic target-marketing, employed by makers of all sorts of products. If the law allows tobacco to be sold to eighteen year olds, then why would a company not try to aim their marketing in that direction? Some tactics criticized have included promotional items that seemingly appeal more to teen-agers than to adults. The complaint is that the items also appeal to those below the national smoking age limit of eighteen years of age. High schools have been known to ban students from wearing items such as T-shirts, jackets, and caps that bear the names of tobacco products. Curiously enough though, there are still high schools that allow some section of their student body (presumably those who are of age) to smoke in designated areas on campus, although this practice has diminished over the years. Most of the above issues pertain to smoking and its effects here in the United States of America. However, another perceived issue is that of our tobacco exports to foreign countries. Just like any other potentially hazardous substance, pesticides for example, there are opinions voice that there are moral implications connected to selling products overseas where the regulations may not be as strict. But again, as referenced in other substances cases, it is ultimately the responsibility of the importing country to know what they are taking on. In fact, it would make sense that our Unites States made cigarettes would be probably safer than cigarettes manufactured locally in the third world countries due to our stricter manufacturing standards and regulations. The climate towards smoking in the United States is probably at its most negative since the habit was introduced to our shores. Advertisements for smoking cessation programs and products flood the airwaves. The amount of information available to consumers is at an all-time high. Why then do people continue to smoke? It might have been easy in the past to implicate the tobacco companies for lack of information concerning the health risks, but that is hardly the case today. There have been increased requirements for warnings on the advertisements as well as the products themselves. Health information available via print, broadcast media, and especially the surge in popularity of the Internet all adds up to a wealth of information available. It is still the responsibility of the consumer to weigh his or her own personal pros and cons of using a product. It cannot ever be assumed that any product available for legal purchase on the open market does not carry any risk along with it. Conclusion Ultimately, tobacco use is a decision made by the individual. Although there are a number of factors that influence the consumer, it is ultimately that individuals conscious decision whether or not to engage in the activity, as well as to determine to what extent they will participate. Benjamin Franklin is often attributed as having endorsed the philosophy All things in moderation. It can be argued that a substance and its manufacturers are not simply evil just by existing. The concepts of use and abuse must be considered. Individuals who smoke a pack (~ 20 cigarettes) or more per day ought to ask themselves whether they are using or abusing the substance. Conversely, individuals who enjoy a cigarette or cigar only once in a while on special occasion might ask themselves if they are actually engaged in such a dangerous activity. There are steps that the government can take to help save people from themselves, but only if and when the majority of the people can agree that those steps are necessary. For example, there have been major increases in regulations over the course of the last 35 or so years, starting most notably with the 1965 Labeling Act. It is not fair to hold the tobacco companies responsible for tobacco-related deaths anymore than it is fair to hold the alcoholic beverage companies responsible for drunk-driving fatalities. Juries have demonstrated this multiple times over in our court system. Assuming that jury selection is fair, then it could be argued that this is representative of American popular opinion in the matter. In summary, when one takes the time to weigh the evidence, it becomes clear that the ultimate responsibility falls on the people as a whole to educate themselves and be enlightened with respect to what is or is not healthy. Although it is convenient to have a large, wealthy corporation to blame when things go wrong, ultimately people need to first learn to take advantage of the resources available to educate themselves about the products they consume, and then learn to take responsibility for their own choices and actions.