Inspector of Taxes - Free Essay Example

Sample details Pages: 5 Words: 1629 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Essay any type Tags: Act Essay Taxation Essay Did you like this example? Explain the rule in Pepper (Inspector of Taxes) v Hart [1993] AC 593, as it now applies. Evaluate its wisdom. (Look at both sides of the argument). ANSWER Introduction This paper discusses the rule established in the 1993 House of Lords case of Pepper (Inspector of Taxes) v Hart[1] and its current application. Don’t waste time! Our writers will create an original "Inspector of Taxes" essay for you Create order The rule is evaluated and conclusions are drawn. In essence, this rule of interpretation provides that where primary legislation is deemed to be obscure or ambiguous and its meaning is difficult to ascertain the courts may, where certain conditions are met, take into account statements made in Parliament by the promoters of the relevant Bill in construing and applying the legislation. The case can be considered as groundbreaking given the previous status of Article 9 of the Bill of Rights 1689, which provides: â€Å"†¦the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament..† Until the Pepper v Hart decision, the use of Hansard for the purpose that the decision advocates would have been considered to contravene the rule of Parliamentary privilege.. Article 9 has long been considered one of the great foundation principles and ultimate guarantors of Parliamentary democracy in tha t it protects members of each House of Parliament, giving them the right to completely unfettered free speech and the power to debate absolutely freely. It is submitted that there is clearly a good and strong historical rationale for this rule. When the Bill of Rights was adopted in 1689 Parliamentary democracy was in its infancy and concerns about the independence of members of Parliament was both profound and well founded. That said however, prior to the decision in Pepper v Hart there was clearly room for the adaptation of the Article 9 principle to accommodate modern conditions. Pepper (Inspector of Taxes) v Hart (1993) The case concerned a question as to the correct interpretation of a tax law provision. The statutory definition of the disputed expression was ambiguous. Relying on the wording in the Act, the Inland Revenue had imposed tax at a certain level, whereas during the Committee Stage of the Finance Bill that included the provision, in the House of Commons the Fin ancial Secretary to the Treasury suggested a different interpretation that was more favourable to the party in this case. The House of Lords ruled that clear statements made in Parliament regarding the purpose of legislation in the course of its enactment may well be used by courts so as to guide the construction of unclear statutory provisions. It is submitted that this ruling is well founded given that the use of such statements does not amount to questioning a proceeding in Parliament and therefore does not contravene Article 9 of the Bill of Rights. It can in fact be argued that quite apart from questioning or subjugating the independence of Parliament and its debating process, the courts would merely be giving true effect to exactly what was said and done at Parliament.. In Lord Browne-Wilkinson words: â€Å"I trust when the House of Commons comes to consider the decision in this case, it will be appreciated that there is no desire to impeach its privileges in a ny way.. Your Lordships are motivated by a desire to carry out the intentions of Parliament in enacting legislation and have no intention or desire to question the processes by which such legislation was enacted or of criticising anything said by anyone in Parliament in the course of enacting it. The purpose is to give effect to, not thwart, the intentions of Parliament.’ Given the principle of Parliamentary sovereignty it is hard to imagine how the ruling in Pepper v Hart could thwart the intentions of Parliament. In providing more information as to the intentions of Parliament the ruling can serve only to enhance the accuracy with which the fruit of Parliamentary endeavour is applied by the courts. Most significant is the view of Parliament itself. The Joint Parliamentary Committee on Parliamentary Privilege found the ruling in Pepper v Hart acceptable.[2] While stressing that Parliament must be diligent and vigilant in protecting free speech, and stating that every d eparture by the courts must be thoroughly scrutinised, the Joint Committee came to the conclusion that the Pepper v Hart decision was â€Å"unobjectionable†. It reasoned that this use of Parliamentary proceedings is â€Å"benign† and this finding is supported by this commentator. The Committee recommended that Parliament should not seek to disturb the decision in the 1993 case although it should remain careful to ensure that the consequences of the decision did not lead â€Å"to any general weakening of the prohibition contained in Article 9†.[3] Criticism of the Ruling in Pepper v Hart Steyn has argued that the only relevant intention of Parliament can be its intention to enact the statute exactly as printed. The necessary corollary of this simple and black letter analysis would appear to undermine the centrality of the reasoning in Pepper v Hart[4]. It can be contended that the record of Hansard does not display the will of Parliament, but merely its tho ught processes in arriving at its will and therefore there may be some substance to Steyn’s analysis. Lord Mackay dissented in the Pepper v Hart ruling. He reasoned that the effect of the ruling would be to coerce lawyers to refer to Hansard habitually in subsequent cases and that this would elongate and complicate proceedings. It is submitted that this concern has been to some extent rendered nugatory by advances in technology in recent years however. Internet searches of Hansard can now be carried out conveniently and at great speed. Lord Mackay was also concerned that the ruling might be abused by Parliamentarians aware of its consequences who are intent on manipulating the subsequent interpretation of an Act by making constant reference to some point in proceedings recorded in Hansard. Finally, Lord Mackay stressed that there was a significant risk of over-reliance on Hansard in statutory interpretation. That said however, the House of Lords, in the 2001 case of R v Secretary of State for the Environment, Transport and the Regions ex p. Spath Holme Ltd [5], stipulated that the Pepper v Hart conditions for admissibility must be strictly adhered to so as to limit the amount of Parliamentary material relied on by the courts. In the 2003 case of Wilson and others v Secretary of State for Trade and Industry the House of Lords endorsed the ruling of Pepper v Hart, confirming its parameters and accepting that its fundamental raison d’à ¯Ã†â€™Ã‚ ªtre was to oblige the executive to honour the legitimate expectations it had created. It was found: â€Å"The court is called upon to evaluate the proportionality of the legislation, not the minister’s exploration of the policy options or of his explanations to Parliament. The latter would contravene Article 9 of the Bill of Rights..† Now of course Explanatory Notes are attached to every Bill and published alongside new Acts of Parliament. In the 2002 case R (Westminster City Co uncil) v National Asylum Support Service,[6] Lord Steyn confirmed that he considered Explanatory Notes admissible even where the statute was clear. It is submitted that the most important consideration must be the determination of the will of Parliament. All other factors are subordinate to that. Concluding Commentary It is submitted that the rule in Pepper v Hart should be welcomed as an aid to the interpretation of statute. From a neutral point of view it is surely to the benefit of the overarching legal system that courts are permitted to use statements made in Parliament concerning the purpose of Bills as a means of guiding the interpretation of the ambiguous provisions of a statute. If there is clear guidance in a Bill as to the purpose of a provision it would seem nonsensical that judges are restricted from reliance upon it. The law in this regard should function as a single entity and not disparate and disengaged components. Balanced against this is the need to prese rve absolutely the freedom of Parliamentarians to speak and debate without fear or favour in the pursuit of Parliamentary business.. However, it is argued that the rule in Pepper v Hart does not represent an unreasonable or unwarranted incursion into that freedom. If Parliamentarians are sufficiently motivated to speak on a Bill in Parliament with a view to that Bill becoming an Act of Parliament they should definitely be prepared for their words later to be used in understanding the purpose or substance of the new law ultimately passed. After all, we live in an open and free democracy. There is no good reason why ambiguous statutes should be left in the abstract ether when perfectly sound guidance may be available to inform the judge in the record of Hansard. In conclusion, despite the concerns of commentators such as Steyn, the ruling in Pepper v Hart is both sound and pragmatic. The wisdom of the ruling is solid and its democratic credentials are sovereign. One wonders why it took so long in the making. Those that make our laws should be prepared to have their relevant words considered when those laws fall for application in the courts and the proper course of action is uncertain. Parliament itself has ratified the decision, and that is the acid test.. THE END EXACT WORD COUNT FOR TEXT OF ANSWER ONLY : 1524 GLOBAL DOCUMENT WORD COUNT : 1624 BIBLIOGRAPHY Bill of Rights 1689 Littleboy C., Kerry R., Pepper v Hart, House of Commons Library, SN/PC/392, 22 June 2005 Steyn J., â€Å"Pepper v Hart; A Re-examination†, Oxford Journal of Legal Studies, Vol. 21, No 1, 2001, p66. Cases as footnoted drawn from original law reports 1 Footnotes [1] [1993] AC 593. [2] Littleboy C., Kerry R., Pepper v Hart, House of Commons Library, SN/PC/392, 22 June 2005, p.3. [3] Ibid, p.3. [4] Steyn J., â€Å"Pepper v Hart; A Re-examination†, Oxford Journal of Legal Studies, Vol 21, No 1, 2001, p.66. [5] [2001] 2 AC 349. [6] [2002] 1 WLR 2956.

Indian Removal Act Of 1830 - 923 Words

It gives me pleasure to announce to Congress . . . the removal of the Indians beyond the white settlements is approaching to a happy consummation† (Jackson, 1830, para.1). With promises of new lands, protection, and monies, President Andrew Jackson portrays the Indian Removal Act of 1830 as beneficial to Indians, wherein governmental financial gain is incidental. However, when considering land transactions and gold discoveries, the true beneficiaries are revealed. While strengthening the States’ white population, wealth, and power, the Indian Removal Act dispels previous treaties that ensure Indian ancestral territorial boundaries; and it ultimately facilitates the forced relocation where thousands die of starvation and exposure. Proponents of the Indian Removal Act (the Act) advocate its benefits to the Indians. For instance, in his message to Congress, President Andrew Jackson (1830) explains, that as white settlements inevitably progress westward, current policy attributes to the slow annihilation of the Indians, therefore a speedy removal protects the Indian civilizations from extinction. He goes on to explain that the Act not only provides for this speedy removal, but provides a purchase of their current territory, endows a new extensive territory, finances relocation, and offers future support and protection; and these offers should be â€Å"hailed with gratitude and joy† (para.4), and any â€Å"pecuniary advantages which it promises to the Government are the least of itsShow MoreRelatedThe Removal Of The Indian Removal Act Of 18301820 Words   |  8 Pagespolicy of the Government, steadily pursued for nearly thirty years, in relation to the removal of the Indians beyond the white settlements is approaching to a happy consummation. 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This paper explores the history leading up to the law, the introduction and passage, as well as the sometimes-tragic implementation of the Indian Removal Act of 1830Read MoreIndian Removal Act Of 1830868 Words   |  4 PagesIndian Removal Act of 1830 The Indian Removal Act was signed into law on May 28th 1930 during the presidency of Andrew Jackson. Perhaps best known as the black eye of the administration and overshadowing his presidency’s accomplishments, the Indian Removal Act was passed into law to allow the president to negotiate with Indians to purchase land they occupied and offer them lands west of the Mississippi. The Indian Removal Act of 1830 could also amount to pure greed and racism, the beginning of theRead MoreThe Indian Removal Act Of 1830940 Words   |  4 PagesThe American’s desire for expansion of their nation and economic growth has always been their main interest and goal. The Indian Removal in the 1830’s was a great example of America’s efforts to expand through North America and their motivation to economically improve through profitable opportunities. When comparing the Indian Removal and the events that followed the Treaty of Paris, a similarity in the expansion of America i s discovered. Labor, politics, and economics of America during the two erasRead MoreThe Indian Removal Act Of 18301083 Words   |  5 Pages The Indian Removal Act of 1830 was a law passed by President Andrew Jackson that provided the funds for the removal of the Indian tribes found in South. These tribes were the Cherokee, Chickasaw, Choctaw, Creek, and Seminole. 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It led to many heartbreaking events thatRead MoreThe Indian Removal Act of 18301123 Words   |  5 PagesTHE INDIAN REMOVAL ACT OF 1830 Migdalia Tuero HIST101: American History to 1877 Professor Kathleen Davis February 13, 2014 There are several historical events and issues that have impacted the contemporary political development among American history. In the history of America one of these groups are the Native Americans. The white man throughout the South called for a removal of the Indian peoples. They wanted the Native Indians to be resettled to the west because their presence createdRead MoreThe Indian Removal Act Of 18301299 Words   |  6 Pageswere many diverse, and complex views when approaching this subject matter; however, in 1830 President Andrew Jackson passed the Indian Removal Act, which forced Indians to relocate from their homelands in south east to land west of the Mississippi river. This granted the U.S. a large portion of new rich land, unfortunately it was at the expense of the Native Americans. When passing the Indian Removal Act of 1830, President Jackson relied on teleological utilitarianism ethnic views, in that he focusedRead MoreIndian Removal Act Of 1830923 Words   |  4 Pagesbut the Cherokee removal was the cruelest work I ever knew†, remarked a Georgia soldier who had participated in the removal of Indian Natives during the mid-1800’s. As a result of the Indian Removal Act, Indian natives have been perceived as mistreated and cheated throughout history. The Indian Removal Act was passed during the presidency of Andrew Jackson on May 28, 1830. This act granted authorization to the president to exchange unsettled lands west of Mississippi for Indian lands residing inRead MoreThe Indian Removal Act Of 1830865 Words   |  4 PagesWhen the Indian Removal act of 1830 was enacted, the Cherokee Nation panicked. The Cherokee, specifically the romanticized Tsali, did their best to preserve their culture in the mountains of North Carolina, but what really saved them from their harsh fate that so many other Cherokee faced, was there white chief, William Holland Thomas. The Cherokee were â€Å"disagreeable and dangerous neighbors,† but th ey had a powerful ally in Raleigh, who saved the Eastern Band from a much harsher fate. The Eastern

The City As A Growth Machine - 881 Words

Is it a coincidence certain areas only consist of black civilians or white civilians? The articles â€Å"The City as a Growth Machine by Logan and Molotch, Minoritized Space by Michel Laguerre and The Construction of the Ghetto by Massey and Denton demonstrate segregation between racial backgrounds are divided into into specific neighborhoods that contributes as a benefit towards whites. I will be arguing how the theory of Karl Marx on estranged labor is related into these article but also Angela Harris theory on Critical racial theory contributes, clarifies and supports the author s reasons on why segregation still exists among communities. I will be connecting argument by adding evidence to support my argument with Karl Marx and Angela Harris theory within the articles. The three articles mentioned, describe theories that attribute to Karl Marx theory of labor among the different classes. Estrangement labor, are four different forms that result into the laborer to become alienat ed from their life- activities, nature, other civilians or family in order to focus on producing for one common goal which is â€Å"climbing the ladder† according to Marx. In reality, society prohibits classes to move up the â€Å"ladder’ by increasing taxes, rent and other expensive to keep classes segregated and controlled among each other. This is described throughout the article â€Å"Urban Fortunes† by John R. Logan and Harvey L. Molotch. It is started â€Å"For those who, count the city is a growth machine, oneShow MoreRelatedThe Differences Between Local Governments And Political Machines1258 Words   |  6 Pagesduring the late nineteenth century, political machines become a mechanism to deal with the problems and new challenges that the cities encountered. The increased population required more solutions to solve problems regarding the distribution of resources as well as public services. 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Gas Exchanges free essay sample

This process has three basic steps that involve pulmonary ventilation, external respiration, and internal respiration. All three steps are functions that involve gas exchanges between the lungs and the atmosphere. For instance, pulmonary ventilation, or breathing involves the inhalation and exhalation of air between our lungs and the atmosphere. External respiration is the exchange of gases across the respiratory membrane between the alveoli and the blood in the pulmonary capillaries. This is where the capillaries gains O2 and loses CO2. And finally, the Internal respiration is the exchange of gases between the blood in the systemic capillaries and tissue cells. During this process, the blood loses O2 and gains CO2. The metabolic reactions consume O2 and give off CO2 during the manufacturing of ATP. Jenkins, 2010) Air moves into the lungs when the air pressure inside the lungs is less that the air pressure in the atmosphere. Boyle’s law states that, â€Å"The difference in pressure caused by changes in lung volume force air into our lungs when we inhale and out when we exhale. We will write a custom essay sample on Gas Exchanges or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page † Pg. 748 if volume increases, outside pressure must decrease. This process involves the diaphragm muscle which increases, during forceful inhalations expanding the thoracic cavity allowing greater airflow into the lungs. The exchange of oxygen and carbon dioxide between alveolar air and pulmonary blood occurs by passive diffusion. This process is governed by Dalton’s law and Henrys law. According to Jenkins, Partial pressures determine the movement of O2 and carbon dioxide between the atmosphere and lungs, between the lungs and blood and between the blood and body cells. Each gas must diffuse across a permeable membrane from the area of its partial pressure is higher to a much less area of partial pressure, which makes the rate of diffusion faster. External respiration in the lungs converts to deoxygenated blood coming from the right side of the heart in oxygenated blood that returns to the left side of the heart. (Jenkins, 2010) When blood flows through the pulmonary arteries, it picks up O2 from the alveolar air and unloads CO2 into the alveolar air. This process is known as the exchange of gases.

Refugees Population And Needs Essays - Human Geography,

Refugees Population And Needs wars,famines,drought and other problems have caused many people to leave their houses;and migrate to other areas ,which are equipped with enough better facilities,so that a man can survive.today ,states like kosovo,kashmir,afghanistan,bosnia and chechniya are facing the same problems. people are moving to more safe areas, to protect them selves from violence . the people previously livivng in the endangered areas have migrated to make small communities, living in tents outside the main stations. the biggest problem,which these refugees rae facing ,is that of food ; there is an immense shortage of food in the state of kosovo due to the civil war .uno should try hard to provide these helpless refugees with enough food so that they can survive.unicef and unesco should be given the responsibilities to conserve the rights of the children. the shortage of necessary resources in this state has led to gang rapes,murders and terrorism.some days back cnn reported live about the condition in the state of kosovo. it said that the owner of the delta air lines was providing food , bathroom and clothing facilities to the refugees ,(all on his own) .cnn also interviewed;live; a reefugee living near kosovo . he tearfully tried to tell the conditions of kosovo; but i remember the time he narrated. i cant tell you the condition ....! the beautiful valley is turning into a grave yard. mr mikorish, the president of kosovo is a neo hitler and is following the policy of ethinic cleansing and systematic genocide against the muslims of kosovo.due to the cold weather is the state ,people need more woolen and warm clotes;to save them from viral diseases.it is a right of refugees to have proper shelter and apt medical care.cold climate ,unavailibilty of food ,scarcity of water resouces are cause of many dangerous diseaes .emigratns should be vaccinated and should be provided shelter problems all over the world in these violated states are the same . in case of kashmir. food is the biggest problem.due to the violated conditions and bellicose behavior of troops around kasmir;many people have migrated and started dwelling in pakistan and india. these countries themselves are 'devolping countries' with weak economies .these countries are facing immense problems in accommodating and in the rehabilitaion of refugees. the never ending vendetta between pakistan and india has caused kashmir to suffer a lot since uk leaders left in 1947. the indian armada battalions of soldiers are occupying kashmir;and causing the people to leave the area . the local citizens of the countries near by should fulfil their responsibility by helping the refugees with 'cash' or any tangible assets which are of any use of the helpless. the uno should provide accurately accounted fondest these countries ,which would further help them in medical treatment ,shelter,water and clothing . tosave hum ans ;rehabilitaion is necessary. the problem in afghanistan has a long saga behind it . people due the miasma of political strife in the state ; are migtated to pakistan and other asian countries as refugees,living in an occupied state like afghanistan,people always have a certain types of perils in their hearts . again the onus comes to pakistan, india and other asian countries. world bank should be in cooperation with these state and should provide enough funds to feed ,cover (shelter) and clothe the refugees. due the extremely hot climate in afghanistan; different typesof hazardous diseases like 'dehydration'and 'typhoid' arise . uno should help these supporting countries in boosting up their economies so that they could help the people migrating from the disputed states.who ,nato,unesco should help in the accommodation and in solving the problems of refugees;as well as teach each and every human to have clear ideas and education on how to mutually respect ,cooperate with one another Social Issues Essays

M16 Rifle and Higher Headquarters Essay Example

M16 Rifle and Higher Headquarters Essay Example M16 Rifle and Higher Headquarters Essay M16 Rifle and Higher Headquarters Essay Battle Drill 07-309502 React to Ambush (Near) TASK: React to Ambush (Near) (07-309502). CONDITIONS: (Dismounted/Mounted) The unit is moving tactically, conducting operations. The enemy initiates contact with direct fire within hand grenade range. All or part of the unit is receiving accurate enemy direct fire. This drill begins when the enemy initiates ambush within hand grenade range. STANDARDS: (Dismounted) Soldiers in the kill zone immediately return fire on known or suspected enemy positions and assault through the kill zone. Soldiers not n the kill zone locate and place well-aimed suppressive fire on the enemy. The unit assaults through the kill zone and destroys the enemy. (Mounted) Vehicle gunners immediately return fire on known or suspected enemy positions as the unit continues to move out of the kill zone. Soldiers on disabled vehicles in the kill zone dismount, occupy covered positions, and engage the enemy with accurate fire. Vehicle gunners and Soldiers outside the kill zone suppress the enemy. The unit assaults through the kill zone and destroys the enemy. The unit leader reports the contact to higher headquarters. ILLUSTRATIONS: Figures D9502-1 to -3. TASK STEPS AND PERFORMANCE MEASURES: 1 . Dismounted (see Figure D9502-1 Figure D9502-1. React to ambush (near) (dismounted). a. Soldiers in the kill zone execute one of the following two actions: Return fire immediately. If cover is not available, immediately, without order or signal, assault through the kill zone. (2) Return fire immediately. If cover is available, without order or signal, occupy the nearest covered position, and throw smoke grenades. See Figure D9502-2. ) Figure D9502-2. React to ambush (near) (dismounted) (continued). b. Soldiers in the kill zone assault through the ambush using fire and movement. c. Soldiers not in the kill zone identify the enemy location, place well-aimed suppressive fire on the enemys position and shift fire as Soldiers assault the objective. d. Soldiers assault through and destroy the enemy position. (See Figure D9502-3. ) Figure D9502-3. React to ambush (near) (dismounted) (continued). e. The unit leader reports the contact to higher headquarters. Mounted a. Vehicle gunners in the kill zone immediately return fire, while moving out of the kill zone. b. Soldiers in disabled vehicles in the kill zone immediately obscure themselves from the enemy with smoke, dismount if possible, seek covered positions, and return fire. c. Vehicle gunners and Soldiers outside of the kill zone identify the enemy positions, place well-aimed suppressive fire on the enemy, and shift fire as Soldiers assault the o bjective. d. Soldiers in the kill zone assault through the ambush and destroy the enemy. e. The unit leader reports the contact to higher Supporting Individual Tasks 071-010-0006 step l. a. (l) Engage Targets with an M249 Machine Gun 071-025-0007 Engage Targets with an M240B Machine Gun 071-030-0004 Step 2. a. Engage Targets with an MK 19 Machine Gun 071-054-0004 Step 2. b. Engage Targets with an M136 Launcher 071-100-0003 Engage Targets with an M4 or M4A1 Carbine 071-311-2007 Engage Targets with an M16-Series Rifle 071-311-2130 Engage Targets with an M203 Grenade Launcher 071-313-3454 Engage Targets with a Caliber . 50 M2 Machine Gun 071-325-4407 tep 1. . (2) Employ Hand Grenades 071-326-0501 Step l. b Move as a Member of a Fire Team 071-326-0502 Move Under Direct Fire 071-326-0513 Select Temporary Fighting Positions 071-326-0608 Step 2. e. Use Visual Signaling Techniques 071-326-5606 Step l. c. Select an Overwatch Position 071-410-0002 React to Direct Fire While Mounted 113-571-1022 Step 1 . e. Perform Voice Communications Supporting Products The Infantry Rifle Platoon an d Squad (FM 3-21. 8) The SBCT Infantry Rifle Platoon and Squad (FM 3-21. 9) The Warrior Ethos and Soldier combat Skills (FM 3-21. 75)

Obesity Essays - Obesity, Body Shape, Bariatrics, Human Weight

Obesity Essays - Obesity, Body Shape, Bariatrics, Human Weight Obesity Obesity also called CORPULENCE, or FATNESS, excessive accumulation of body fat, usually caused by the consumption of more calories than the body can use. The excess calories are then stored as fat, or adipose tissue. Overweight, if moderate, is not necessarily obesity, particularly in muscular or large-boned individuals. In general, however, a body weight 20 percent or more over the optimum tends to be associated with obesity. The body's ability to adjust food intake to body needs can be disturbed by numerous factors. Of these, hormone imbalances and glandular defects are believed to be of least importance, being demonstrable in only bout 5 percent of all obese individuals. Although obesity may be familial, suggestive of a genetic predisposition to fat accumulation, there is also evidence that early feeding patterns imposed by the obese mother upon her offspring may play a major role in a cultural, rather than genetic, transmission of obesity from one generation to the next. More generally, the distinctive way of life of a nation and the individual's behavioral and emotional reaction to it may contribute significantly to widespread obesity. Among the affluent populations, an abundant supply of readily available high-calorie foods and beverages, coupled with increasingly sedentary living habits that markedly reduce caloric needs, can easily lead to overeating. The stresses and tensions of modern liv! ing also cause some individuals to turn to foods and alcoholic drinks for "relief." Obesity may be undesirable from an aesthetic sense, especially in parts of the world where slimness is the popular preference; it is also a serious medical problem. Generally, obese persons have a shorter life expectancy; they suffer earlier, more often, and more severely from a large number of diseases than do their normal-weight counterparts. They are also more likely to die prematurely of degenerative diseases of the heart, arteries, and kidneys. More die of accidents and diabetes, and more constitute poor surgical risks than persons with normal weight. Mental health is also affected; behavioral consequences of an obese appearance, ranging from shyness and withdrawal to overly bold elf- assertion, may be rooted in neuroses and psychoses. The treatment of obesity has two main objectives: removal of the causative factors, which may be difficult if the causes are of emotional or psychological origin; and removal of surplus fat by reducing food intake. Return to normal body weight by reducing calorie intake is best done under medical supervision. Dietary fads and reducing diets that produce quick results without effort are of doubtful effectiveness in reducing body weight and keeping it down, and most are actually deleterious to health. (See dieting.) Obesity is to be distinguished from overweight caused by edema (excess retention of fluids) stemming from various diseases.