Thursday, October 31, 2019
Land Law Essay Example | Topics and Well Written Essays - 1000 words - 1
Land Law - Essay Example This is termed as easement by prescription, and is quite frequent on rural lands, where a landowner may fail to realise the surreptitious use of his land. The incorrect location of fences, results in prescriptive easements, if left unchecked.1 The title obtained from enjoyment or use, as stipulated by the law, had been defined as prescription. An easement by prescription was a proprietary interest in the servient land that would have a binding effect on the successors in title to such land. Prescription recognised that on occasion, individuals had to access land belonging to others. Moreover, the law should be flexible, and frequently, over a protracted period the formal process of acquiring rights had to be circumvented.2 Easements arise through three methods; first, prescription at common law. This is based on the assumption that the use had commenced prior to the year 1189, and was for a continuous period of 20 years. The second is that of lost modern grant, which requires 20 years of continuous use to establish an easement by prescription. This is not affected by any evidence, from the servient owner that no grant had been provided. Finally, under the Prescription Act 1832, uninterrupted use for 20 years, establishes a prescriptive right.3 The common law prescription presents several difficulties. In order to rectify this situation, the doctrine of lost modern grant was introduced by the courts. This principle permits a claimant to obtain a prescriptive easement, if he had enjoyed continuous use for 20 years. In Dalton v Angus,4 their Lordships upheld this principle.5 In addition, the Land Registration Act 2002 has sustained the overriding status of prescriptive easements. Although, these interests do not find a place on the land register, they are enforceable against a land owner.6 In our present problem, there
Tuesday, October 29, 2019
Controversy Analysis, fracking, air pollution, gasland Essay
Controversy Analysis, fracking, air pollution, gasland - Essay Example Because of its potential to harm the environment, especially through the pollution of air, making it difficult for both humans and wildlife to survive, is an issues which has been widely discussed (McKenzie et al 80). The potential effects of fracking on the quality of air has led to the decision by the United States government to set up rules whose aim is to ensure that there is a reduction of the pollution of air by those companies which are involved in fracking. Among the first activities which led to the development of public awareness concerning the detrimental effects of fracking was the creation of the documentary film, Gasland. This documentary was an attempt to create awareness, within the American public, of the effects of that attempts made by gas companies to extract natural gas in rural America have on the environment. Fracking means of gas mining done through the injection of chemicals and massive quantities of water at high pressures with the intention of cracking open the rocks deep beneath the surface and as a result releasing the natural gas (Byrne). As is evidenced in the film, while fracking has led to the emergence of the natural gas boom across the United States, there is also proof that this method of gas extraction has led to the contamination of the environment, especially air, which is an essential want for all Americans (Porter). The fact that this film came into prominence is one of the reasons why the American government chose to take steps to ensure that the natural environment is protected against destruction through companies which use fracking in the extraction of natural gas. Gasland has created a new awareness in the public concerning the devastating environmental effects of hydraulic fracturing, which is the main means through which natural gas is extracted in the mainland United States. The film works towards the establishment of means through which these issues concerning the conservation of the American environment can be discussed and viable solutions for the environmental problems caused by these activities by oil and gas companies can be found (ââ¬Å"Gaslandâ⬠). It can further be said that Gasland deals with the preservation, the development, and the return of the American natural environment to the state in which it was previously. Because of the influence of Gasland, the EPA was pressured to issue final air pollution standards whose main purpose is to ensure that all fracking operations conducted in the country use emission capture technology (ââ¬Å"The Future of Frackingâ⬠). While this was the case, however, the EPA gave the gas companies required to implement these new rules what was termed a phase-in period before having to comply. The new regulations that were put in place, were the first of their kind that were aimed at limiting air pollution due to the fracking process (ââ¬Å"Clean Air and Natural Gasâ⬠). These regulations have created the requirement that all the operato rs who use this method have to capture natural gas and volatile organic compounds that are produced while the wells are being prepared for the production of gas (ââ¬Å"Senate committee examines EPA rule on air pollution from frackingâ⬠). The fracking method, while creating vast potential for natural
Sunday, October 27, 2019
The universe is very vast
The universe is very vast The Scale of the Universe The Universe is very vast. Many unanswered questions of life lay hidden beneath this place so unfamiliar to our society. This mysterious dark sky that we are floating in is supposedly constantly expanding to no end. Is there an edge? Well apparently there is no center to this expansion nor is there a fixed scale we know of. Its just an overall expansion everywhere merging into one another and only getting vaster. Will it ever stop expanding, or is there constant velocity acting on things all over, due to gravitational pulls coming from everywhere? The Big Bang which is supposedly the cause of the world we live in today was no ordinary explosion. According to studies from Edwin Hubble in 1929, there is no centre of the universe. These are many questions and statements that are yet to be answered and further investigated. We have come up with many assumptions in which many make sense but what is the truth behind all of this? Nuclear physics may have the answer to many of these question s. I find this topic most interesting simply because of the endless conclusions we can come up with, and the way things have been left so unsolved intrigues me. The Universe is defiantly immense. Earth is a planet in a solar system that is in a galaxy that lies in the Universe. Could the universe be within something too? A Multiverse or an omniverse, so in this case scenario our universe is just one of many others although in English connotation Universe implies everything beyond. The Compact Oxford Dictionary defines the Universe as all existing matter and space considered as a whole; the cosmos. We would like to be able to give the Universe a scale but in order to do so we would have to know the content of everything within it. Throughout history our society has come with many conclusions to try to understand where and how we are situated in our solar system, in the galaxy and now in the universe. People used to think that the Earth was the centre of the Universe and that everything revolved around it. We were wrong. Earth and the other planets in our solar system revolve around the sun. We later deduced that the sun was the center of ever ything and that things revolved around it. Once again this was false. It turns out that there are many solar systems in our galaxy and many suns. We then thought that our galaxy was everything. As a result we were wrong again, there are many other galaxies. All of these are wrong statements, we may still be wrong today. There are as many galaxies or even more in the Universe as there are stars in our own galaxy. There are even clusters of galaxies and clusters of clusters which are called Superclusters which make up the Universe. We would love to give the universe a scale but we can only determine the edge by what light beams have been able to travel past, thus the distance is calculated in time taken by a light ray. The extent of what we can see in the Universe would take 15billion years at light speed to reach that area. We see no further since light has not traveled that far yet. We assumed that the Universe is constantly expanding and over time different factors will affect things. Here is a graph that shows the scale of the Universe versus time. The graph shows three factors that supposedly contribute to the Universes expansion: Constant Dark Energy, Big Rip Big Crunch is what scientists see as the expansion of the Universe and its fate. The curve determines in what way the Universe is expanding. If we look at the graph carefully it states that at the beginning of times, things were created by this mysterious Big Bang. Eventually these three components (Big Rip, Constant Dark Energy and Big Crunch) started to increase. The Universe was expanding (Big Crunch), the amount of dark energy was increasing and things were constantly being split into pieces, divided and chopped due to the theory of Big Rip. Things have stayed this way till present time but eventually in the future scientists predict that due to this constant effect of the Big Rip the Universe would eventually collapse which is stated by the down curve of the Big Crunch. All in all scientists predict an eventual implosion of the entire Universe, due to its constant expansion which is supposedly being expanded by shreds of particles being ripped apart. Is there a definite scale to the Universe? We cannot tell but we assume that it is constantly expanding. I would have thought that we are under the illusion of this expansion and that it is simply that we cannot see further since light rays have not traveled that far for us to be able to see any further. My theory can be proven since the furthest we can see has taken a ray of light to travel all that distance since the big bang. What I believe is that there is something faster than the speed of light and the explosion of the Big Bang has brought things further away faster than a ray of light can travel. I believe that there is no existence over there but there is matter, atoms and particles. If I believe what scientist say I could assume that the distance of the Universe is 15billion light years. The di stance a light ray has traveled since the Big Bang. This is possible since the speed of light in Einsteins theory of relativity is only an axiom on which he basses the rest of his theory. Bibliography The Distance Scale of the Universe. An Atlas of The Universe. . KryssTal : The Scale of the Universe. KryssTal : Home Page. . Molecular Expressions: Science, Optics and You Secret Worlds: The Universe Within Interactive Java Tutorial. Molecular Expressions: Images from the Microscope. . The Scale of the Universe. Center for Astrophysics and Space Sciences @ UCSD. . Weird data suggests something big beyond the edge of the universe | COSMOS magazine. COSMOS magazine | The science of everything. . Why can nothing go faster than the speed of light? | Ask MetaFilter. Ask MetaFilter | Community Weblog. . YouTube Imagining the Tenth Dimension (annotated). YouTube Broadcast Yourself. .
Friday, October 25, 2019
Kate Chopins Desirees Baby Essay -- Kate Chopin Desirees Baby
Kate Chopin's Desiree's Baby This essay will focus on the short story by Kate Chopin and its use of symbols, setting and characters. Desireeââ¬â¢s baby was perhaps one of the best stories Iââ¬â¢ve ever read. Analyzing it was not easy at all. Its use of symbols was very hard to comprehend. At first, it doesnââ¬â¢t make sense. But as you think critically, all the symbols, and setting and the characters in this literature plunge together in one amazing story. Literary Analysis on Kate Chopin's Desiree's Baby ââ¬Å"Tell me what it means!â⬠she cried despairingly.â⬠It means,â⬠he answered lightly, ââ¬Å"that the child is not white; it means that you are not whiteâ⬠(Chopin, p. 192). Kate Chopin's "Desiree's Baby" is a well-known short story. ââ¬Å"In her life, Kate Chopin actively searched for female spiritual emancipation and expressed it in her writingâ⬠(Deter, 2000). Throughout the story, Kate Chopin uses symbolism to convey her themes of racial predisposition, unequal gender roles, and social ladder in a society. The characters and the setting in this short story help provide the readers with more understanding of how patriarchal our society is at that time. The story begins with the narrator speaking of Desiree, and how she was found lying asleep, next to the property entrance. It was evident that she was abandoned; there were assumptions of who might have possibly left the small infant child. The story line took place in Louisiana. During the particular time era, and in this region, large plantations were very common, slavery too. The family who found Desiree was plantation owners an... ... wants the readers to know that if only women would have the courage to walk dangerously in life, women can succeed at anything. And Desiree didnââ¬â¢t look back. Fear was something Armand did not know because he always had domination over everything around him. It was on the last part of the story that he discovered a letter from his mother to his father that revealed that it was indeed he who was black. God did enact the final revenge with the appearance of the letter. The story touches on several social issues that would not be talked about in specific places and times. The struggle for women and the discrimination against certain races continue as of this moment. The symbols, characters, and setting of this short story helped me to analyze how Kate Chopin writes her work. I just wonder what would Armand Aubigny do after he found out that he is one of them.
Thursday, October 24, 2019
Why Courage Matters
McCain mean by saying that ââ¬Å"without courage all virtue Is fragileâ⬠? It means that If we lack courage to hold on to our beliefs In the moment of testing, no just when everybody agrees with our opinion but also when they go against opposition, then our beliefs are superficial and weak and add nothing to our self respect for our virtues. Explain the concept of moral courage using an example. Is it different from physical courage?Moral courage: Is the ability to act rightly In the face of popular opposition, shame, scandal, or discouragement. This is the courage many people face on an everyday basis, always doing what Is right regardless of the consequences faced. Most people have a hard time doing the right thing when doing the opposite Is easier matter how hard It Is, and regardless of being Judged. This Is mostly because of human nature to care for their selves before others. For example, a group of guys walk down the street and watch a man's wallet fall from his pocket.Th e right thing to do is pick it up and return it back to the man. Because, there are a group of guys the better option is to walk away with the wallet. Therefore, your moral courage is questioned. All it takes is one person taking a stand for doing the right thing. Physical courage is familiar to many people: is courage in the face of physical pain, hardship, death, or threat of death. For example, when a building is caught on fire, people call the fire department. Firefighters run Inside that building regarding their fatty to help and protect the people trapped Inside.Regardless of the situation they make sure the people are safe, and sometimes losing their lives to save a stranger. Putting their lives on the line, not to overpower or harm others, but to serve and protect them. In these actions they deserve much respect for their hard work and dedication to serving others. What does McCain mean by ââ¬Å"doing one's nearest duty'? Does the fact that McCain is a high-profile politici an add an element to that idea? Explain why or why not?It means that we should always strive to comply with our responsibilities and duties in every aspect of life. For five years, McCain was a POP in Vietnam. At one point he was offered his freedom but chose to stay behind with his fellow soldiers. That decision resulted In torture by his captors. Evaluate Moccasin's decision In terms of physical and moral courage, and the concept of ones' nearest duty. â⬠resulted on more physical pain and torture. This action shows and represents mental courage and a sense of responsibility towards his personal duties.
Wednesday, October 23, 2019
To the Indians Who Died in South Africa
T S Eliotââ¬â¢s poem ââ¬ËTo the Indians who Died in Africaââ¬â¢ is an interesting Eliot piece. It is not often you read a poem by Eliot which refrains from striking the grand pose. He tended to invoke the giant issues of human soul every time he penned a poem, except of course, when he wrote those cat poems. But this is a puzzlingly small-aimed poem. A bit advise not grand wisdom, I guess. That this poem in imbued in the war and empire atmosphere is obvious. What he has to say to the Indians is funnily passive, ââ¬Å"Look, it is ok if you die absurdly in a foreign countryââ¬â¢.It is noteworthy how Eliot deploys rhetoric to persuade the reader that it is indeed true that there was a common purpose among the Indian and the English soldiers. It appears to me that in the first two stanzas the speakerà à evokes the image of the ââ¬Ënormal sceneââ¬â¢ so that we see how different it is for one to die in a foreign country. Then of course he goes on to assert that this need no more be seen as unusual or as tragic. He seems to suggest that the place where a man meets his destiny is his destination. He associates destiny with the inevitable culmination of oneââ¬â¢s life as well as oneââ¬â¢s efforts.He suggests that the divide between home and exile is illusory; that the opposition between ââ¬Ëourââ¬â¢ and ââ¬Ëyourââ¬â¢ is not real. Every country will have such places where ââ¬Ëforeignersââ¬â¢ are buried (whether it is the English midlands or some village in Punjab ââ¬â ââ¬ËFive Riversââ¬â¢). He emphasises that the common purpose really erases the differences that notions of ââ¬Ëhomeââ¬â¢ and ââ¬Ëexileââ¬â¢ foster; the divide that notions of national difference highlight. The death of an Indian soldier in Africa fighting Germany and defending England may appear absurd.But the speaker points out that the Indian and the English soldiers are united in a common purpose. As for greater meaning in such lives a nd deaths, he says it is to be seen only after ââ¬Ëfinal judgmentââ¬â¢. To the Indians Who Died in Africa * T. S. Eliot A manââ¬â¢s destination is his own village, His own fire, and his wifeââ¬â¢s cooking; To sit in front of his own door at sunset And see his grandson, and his neighbourââ¬â¢s grandson Playing in the dust together. Scarred but secure, he has many memories Which return at the hour of conversation, (The warm or the cool hour, according to the climate)Of foreign men, who fought in foreign places, Foreign to each other. A manââ¬â¢s destination is not his destiny, Every country is home to one man And exile to another. Where a man dies bravely At one with his destiny, that soil is his. Let his village remember. This was not your land, or ours: but a village in the Midlands, And one in the Five Rivers, may have the same graveyard. Let those who go home tell the same story of you: Of action with a common purpose, action None the less fruitful if neither you nor we Know, until the judgement after death, What is the fruit of action.Eliot, T. S. ââ¬Å"To the Indians Who Died in Africa. â⬠Collected Poems 1909-1962 This is what Narayan Chandran has to say about this poem: It is intriguing that T. S. Eliot has repeatedly drawn upon Indic sources, especially the Bhagavad-Gita and its philosophy of disinterested action, while writing on war and world affairs through the 1940s. Eliotââ¬â¢s Occasional Verses, particularly ââ¬Å"To the Indians who Died in Africa,â⬠betray the poetââ¬â¢s imperialist biases, unlike much of his poetry, in which they do not seem to surface visibly as in his prose writings and conversations.Couched in the language and imagery of the Gita, Eliot seems to tell the Indians that their action is its own reward; the irony hardens as we recall historical facts and situations that drove hapless Indians to support the Allied war effort in many theaters outside India. The essay also looks at two other Britis h writers on Indian themes, Kipling and Forster, whose texts seem to cast an interesting sidelight on ââ¬Å"action,â⬠whose punning resonance Eliot seems to relish in writing his war poems. Eliot, evidently, had little use for the philosophy he quoted back to the distressed Indians.
Tuesday, October 22, 2019
Drug Abuse and Depression in Adolescents
Drug Abuse and Depression in Adolescents Free Online Research Papers Depression is a psychiatric disorder characterized by an inability to concentrate,insomnia, loss of appetite, anhedonia, feelings of extreme sadness, guilt, helplessness and hopelessness, and thoughts of death (Jormer and Coyne 7) . Depression can occur in all types of people, including, the young, the old, the rich, and the poor. Adolescents in particular seem to be at risk for becoming depressed (Jormer and Coyne 20) . Adolescents living in poor neighborhoods may be at an increased risk because of additional problems that poverty may cause. There are, in fact, many things in an adolescentââ¬â¢s life that can contribute to depression, drug abuse being a major factor. Drug abuse is a major cause of depression in adolescents who live in poor neighborhoods. Drug abuse is defined is the habitual use of drugs to alter oneââ¬â¢s mood, emotion, or state of consciousness. As a teenager, using drugs can be an easy habit to obtain (Cockett 5) . A teen may begin drug abuse because all of their friends are trying it and the peer pressure is too great to resist. Or maybe the teen is going through a stage in his or her life where they feel the need to experiment with drugs. Adolescents are also known to partake in more risk taking activities. After a teens first drug experience a gateway may be opened for addiction and drug abuse (Cockett 20) . There are signs and symptoms of drug abuse that are noticeable in adolescents. These signs can be noticed in the physical appearance of the adolescent, as well as the adolescentââ¬â¢s emotional state. Physical signs may include serious symptoms such as tremors or something more minor like changes in eating habits (Finding Hope and Health: Alcohol and Drug Abuse and Depression 1) . There may also be noticeable changes in the teenââ¬â¢s academic performance. Drug abuse has been known to lower a personââ¬â¢s work ethic. The result of lowered work ethic is often a significant drop in grades, and also an increase in the number of classes missed (Blackman 2) . Living in a poor neighborhood means living in a poor household. There are many disadvantages to living in poor households. One disadvantage for teens is that they are at a greater risk to become addicted to drugs. This may be because of a lack of parental supervision. Often in poor households there is only one parent present. In these single parent homes it is harder for the parent to make time for their children. This is because they are forced to work low paying jobs with long hours. Another factor that may lead to a lack of supervision is both parents having to go to work and having to work long hours because the family is poor. A parent talking to their children about drugs is a major step in the prevention of drug abuse so if there is a lack of parental supervision this major preventive step may not be taken. Another reason teens in poor households become drug abusers lies in their surroundings. Drugs are easy to access in poor communities. The drugs are easier to acces s because of visible drug dealers so-called ââ¬Å"bad neighborhoodsâ⬠that often go hand in hand with poverty. If a teen sees these drug deals happening they may become curious and become involved in drug usage, or perhaps even drug sales. It also may seem to be the norm if teens see it all the time (Saxe 1) . Drug abuse in poor households can lead to a depressive state in teens. In poor households there may be a lack of social support. Social support has a major impact on the health of adolescents. There are many ways to produce good health, and central to this process are people, as members of households and members of communities. A lack of social support means that adolescents in impoverished households may not have anyone to talk to about their problems with drugs, which could put them into more of a tailspin. This may cause them to spin out of control and may lead to a depressive state. The surroundings in poor neighborhoods add to lifestyle problems. In homes where poverty is prevalent, there is an increased risk that the family will experience physical, emotional, or sexual abuse. There may also be a family history of drug abuse or other addictions in poverty-stricken homes. Also, if a family is living in poverty, they may already have many other problems and may feel like they are not going anywhere in live. This leads to feelings of hopelessness and may put an adolescent to go down the path of drug abuse and depression (Leukfeld and Bukoski 9) . There are signs and symptoms of depression that are noticeable in teens. The depressed may start to wear a different style of clothing, or may begin to dislike what used to be their favorite activities. There are also emotional changes that occur due to depression. The depressed teen may start to develop a more aggressive personality, or may start to frequently talk about death. The depressed teen may become more prone to conflict, and start to get in trouble with authority figures (Teen Depression 4) . However these symptoms may be difficult for guardians to notice. This is because guardians often discard these signs and treat them as no more then teenage mood swings (Blackman 1) . Blackman states that ââ¬Å"Adolescence is a time of emotional turmoil, mood lability, gloomy introspection, great drama and heightened intensity. It is a time of rebellion and behavioral experimentation.â⬠(1) . Another sign that may be noticeable is the academic performance of the teenager. Depression makes the teen have trouble concentrating on their school work. The lack of concentration combined with lower interest levels, results in to a poor academic performance (Teen Depression 3) . There are certain problems regarding depression that arise in poor households. The only way to combat this mental illness is an effective treatment strategy. This is where the problems start. It makes it difficult to treat depression if the underlying problems that cause depression remain. In poor neighborhoods, many of the residents are single parent families. There is a lack of supervision in single parent homes due to the absence of a parent or guardian. Another frequently arising supervision problem is that two parents must work. The two parents are forced to work because there is a shortage of well paying jobs in poor communities (Mallory and Stamler 285) . So both parents must both work low paying jobs in order to provide the necessities for their families. Treatment facilities are an important tool in the battle against depression. In poor neighborhoods there may be basic hospitals, but there may not be any specialized facilities that will better treat depression. T here may also be no access to treatment facilities due to financial barriers. Income and socioeconomic status greatly influence health. The lower the level of income in a family, the more problems there are. An example of this would be the lack of transportation that is available to go to the treatment facilities. Another example of a problem associated with low income families is the low amount of income will not be enough to pay for the specialized treatment. Poor households may also be unable to afford insurance which would cover the treatment or their lower paying jobs may not provide insurance. These factors often leave the depression undetected and therefore untreated (Mallory and Stamler 286) . Depression is a major problem in todayââ¬â¢s world. The number of adolescents that are committing suicide is increasing at a rapid rate. Most of these teens that are committing suicide are suffering from depression (Blackman 1) . There is a need to find ways to combat this illness. In order to combat depression, we must first combat some of the problems that cause depression, such as drug abuse (Sharp and Marrs 522) . During recent years the government has been waging a war on drugs. This effort has been somewhat unsuccessful. In order to successfully combat drug abuse we need to address the issue of poverty (Perkins 1) . First of all there needs to be access to good jobs with adequate income, as well as benefits to the employees. We need to create an effective child benefit system to combat poverty in Canadian households. There needs to be more accessible and affordable early learning and childhood programs. These programs must be available so that children can be educat ed and looked after in good quality childcare while their parents work. There is also a need for national affordable housing programs. These housing programs will greatly improve impoverished living conditions. These ideas are possible if our society and government continue to be aware of the major problem of poverty (Mallory and Stamler 287) . Blackman, Maurice. ââ¬Å"You Asked Aboutâ⬠¦ Adolescent Depression.â⬠The Canadian Journal of CME May. 1995: 17 pars. 22 Nov. 2005. . Cockett, R. Drug Abuse and Personality in Young Offenders. New York: Appleton- Century-Crofts, 1971. ââ¬Å"Finding Hope and Health: Alcohol and Drug Abuse and Depression.â⬠National Mental Health Association. . Joiner, Thomas, and James Coyne. The Interactional Nature of Depression. Washington: American Psychological Association, 1999. Leukefeld, Carl, and William Bukosi. Drug Abuse Prevention and Intervention Research: Methodological Issues. Washington: U.S. Government Printing Office, 1991. Mallory, P. and S. Stamler. ââ¬Å"Poverty and Homelessness.â⬠Community Health Nursing: A Canadian Perspective. ED. L. Stamler and L. Yui. Toronto: Pearson Prentice Hall. Perkins, Anne. ââ¬Å"Drugs War ââ¬ËMust Target Povertyââ¬â¢.â⬠The Guardian 29 March 2002: A5. Saxe, Leonard. ââ¬Å"Drug Sales Are More Common in Poor Neighborhoods.â⬠Online posting. 29 Nov. 2001. . Sharp, Kathy Marrs, Joyce. ââ¬Å"Depression: The essentials.â⬠Clinical Journal of Oncology Nursing 9.5 (2005) : 519-525. ââ¬Å"Teen Depression.â⬠Depression Learning Path. 2005. 24 November 2005 . Research Papers on Drug Abuse and Depression in AdolescentsThe Relationship Between Delinquency and Drug UseThe Effects of Illegal ImmigrationPersonal Experience with Teen Pregnancy19 Century Society: A Deeply Divided EraArguments for Physician-Assisted Suicide (PAS)Marketing of Lifeboy Soap A Unilever ProductRelationship between Media Coverage and Social andEffects of Television Violence on ChildrenUnreasonable Searches and SeizuresAssess the importance of Nationalism 1815-1850 Europe
Monday, October 21, 2019
Culture Shock in Germany essays
Culture Shock in Germany essays I remember following my mom and dad after we had just arrived in Ramstein, Germany. He had gotten our house procured, and we were heading back to our temporary family barracks near the Vogelweh gym. Living with my dad and mom in Germany was one of those awesome things to do, I was around ten years old at the time, and it was an adventure. As soon as we got home, my parents rushed me to shower and dress up casually. "Matt? Hurry up and get dressed. We're going out to dinner for the first day here. My friend is waiting for us in the local pub." I scrambled along; my mom had just finished also when my dad left the door. So we chased him out. About thirty minutes drive off base, and we were at the pub. Once inside, nothing was out of place. We ordered our food, my dad, and his friend talked and drank German lager, and my mom and I began to meet some other military people. Nearing the end of our dinner, I became completely bewildered. I had that "deer with bright lights in eyes" look. Some guy had gotten drunk; too drunk to stand up, so thinking from American movies about bars I thought the barkeeper was going to through him out. Apparently, I was wrong. He first called the publicist, (policeman) and the polizist called a taxi cab. What amazed me was the friendly, caring behavior of Germans. It startled me to see other's take care of drunkards. The best part is, the policeman would come to the drunkard in the morning and see if he was ok or if the taxi driver had abused him in some way. My experience above is called culture shock. Any disorientation that people feel when they encounter cultures radically different from their own is considered to be the culture shock. The experience I had was definitely of one. Since I am a US citizen, I was not up to seeing the hospitality of German peoples. I still thought that they were inhumane Nazi's, but that's what I thought at the time. US media, (I say the US because American wo...
Sunday, October 20, 2019
Biography of Clarence Darrow, Legendary Attorney
Biography of Clarence Darrow, Legendary Attorney Clarence Darrow became the most famous defense lawyer in early 20th century America by taking on cases considered hopeless and emerging as a leading voice for civil liberties. Among his celebrated cases was the defense of John Scopes, the Tennessee teacher prosecuted in 1925 for teaching about the theory of evolution, and the defense of Leopold and Loeb, two wealthy students who killed a neighbor boy for the thrill of it. Darrows legal career was utterly ordinary until he became involved in advocating for labor activists in the 1890s. Before long he would become nationally known as a crusader for justice, often speaking out against capital punishment. His obituary in the New York Time in 1938 noted that he had defended the accused in ââ¬Å"a hundred or more murder trials, no client of his had ever died on the gallows or in the electric chair.â⬠That was not entirely accurate, but it underscores Darrows legendary reputation. Fast Facts: Clarence Darrow Known For: Famous defense attorney who often won cases thought to be hopeless.Notable Cases: Leopold and Loeb, 1924; the Scopes Monkey Trial, 1925.Born: April 18, 1857, near Kinsman, OhioDied: March 13, 1938, age 80, Chicago, IllinoisSpouses: Jessie Ohl (m. 1880-1897) and Ruby Hammerstrom (m. 1903)Children: Paul Edward DarrowEducation: Allegheny College and University of Michigan Law SchoolInteresting Fact: Darrow claimed to believe in personal liberty, the abolition of capital punishment, and the improvement of labor conditions. Early Life Clarence Darrow was born April 18, 1857, in Farmdale, Ohio. After attending public schools in Ohio, young Darrow worked as a farm hand and decided the labor of the farm was not for him. He studied for a year Allegheny College in Pennsylvania before attending the University of Michigan law school for a year. His education was not impressive by modern standards, but it qualified him to read law for a year with a local lawyer in Ohio, which was a common method of becoming an attorney at the time. Darrow became a member of the Ohio bar in 1878, and for the next decade he embarked on a fairly typical career for a lawyer in small town America. In 1887, hoping to take on more interesting work, Darrow moved to Chicago. In the big city he worked as a civil lawyer, pursuing ordinary legal tasks. He took on work as a counsel for the city, and in the early 1890s he worked as a corporate counsel for the Chicago and Northwestern Railroad. In 1894 Darrowââ¬â¢s life took a significant turn when he began defending legendary labor activist Eugene V. Debs, who was fighting an injunction against him for leading a strike against the Pullman company. Darrow was ultimately not successful in his defense of Debs. But his exposure to Debs and the labor movement gave him new direction in life. Crusader for Justice Beginning in the mid-1890s, Darrow began taking on cases that appealed to his sense of justice. He was generally successful, for what he lacked in education and prestige he made up with his ability to speak plainly but dramatically in front of juries and judges. His courtroom suits were always rumpled, apparently by design. He portrayed himself as a common man seeking justice, though often armed with cunning legal strategies. Darrow became known for sharp cross-examinations of witnesses, and as he championed those he considered oppressed, he would often introduce novel concepts from the emerging field of criminology. In 1894 Darrow defended Eugene Prendergast, a drifter who killed the mayor of Chicago, Carter Harrison, and then walked into a police station and confessed. Darrow raised an insanity defense, but Prendergast was convicted and sentenced to death. He was the first and last of Darrows clients to be executed. The Haywood Case One of Darrows most notable cases came in 1907, when the former governor of Idaho, a supporter of the mining industry, was killed in a bombing. Detectives from the Pinkerton agency apprehended officials of the Western Federation of Miners (part of the Industrial Workers of the World) including the unions president, William Big Bill Haywood. Charged with conspiracy to commit murder, Haywood and others were to go on trial in Boise, Idaho. Darrow was retained for the defense and deftly destroyed the prosecutions case. Under Darrows cross-examination, the actual perpetrator of the bombing admitted he had acted alone as a matter of personal vengeance. He had been pressured to implicate the labor leaders by the prosecutors in the case. Darrow gave a summation which amounted to a profound defense of the labor movement. Haywood and the others were acquitted, and Darrows performance cemented his position as a defender of the common man against money interests. Leopold and Loeb Darrow was on the front pages of newspapers across American in 1924 when he defended Nathan Leopold and Richard Loeb. The two were college students from wealthy families who confessed to a shocking crime, the murder of a 14-year-old neighbor boy, Robert Franks. Leopold and Loeb became figures of public fascination as they told detectives they had committed the kidnapping and murder of a random boy for the adventure of perpetrating the perfect crime. Seated left to right, Nathan Leopold, Jr., attorney Clarence Darrow and Richard Loeb. The boys were found guilty of the murder and kidnapping and Bobby Franks. à The families of Leopold and Loeb approached Darrow, who at first resisted taking the case. He was certain they would be convicted, and he had no doubt they had committed the murder. But he took on the case as he was opposed to capital punishment, and his goal would be to save them from what seemed to be certain execution by hanging. Darrow requested that the case be heard by a judge without a jury. The judge in the case agreed. Darrowââ¬â¢s strategy was not to argue about their guilt, which was certain. And as they had been judged sane, he couldnââ¬â¢t argue an insanity defense. He tried something novel, which was to argue that the two young men were mentally diseased. Darrow called expert witnesses to advance psychiatric theories. The witness, known at the time as alienists, claimed the young men had mental problems related to their upbringings which were mitigating factors in the crime. The appeal for mercy posed by Darrow eventually succeeded. After deliberating for ten days, the judge sentenced Leopold and Loeb to sentences of life plus 99 years. (Loeb was killed in prison by another inmate in 1934. Leopold was eventually paroled in 1958 and died in Puerto Rico in 1971.) The judge in the case told the press that he was moved to show mercy by the age of the defendants and not by the psychiatric evidence. However, the case was considered by the public to be a triumph for Darrow. The Scopes Trial Darrow was a religious agnostic and was particularly opposed to religious fundamentalism. So the defense of John Scopes, the schoolteacher from Dayton, Tennessee, prosecuted for teaching about Darwinââ¬â¢s Theory of Evolution naturally appealed to him. American lawyers Clarence Darrow (1857-1938) and William Jennings Bryan (1860-1925) at the Scopes Trial. Heritage Images / Getty Images The case arose when the 24-year-old Scopes, teaching in a local public high school, included mentions of Darwinââ¬â¢s ideas in the curriculum. By doing so he violated a Tennessee law, the Butler Act, and he was charged. William Jennings Bryan, one of most prominent Americans in politics for decades, entered the case as the prosecuting attorney. On one level, the case was simply about whether Scopes had violated the local law. But when Darrow came into the case, the proceedings became nationally known, and the case was dubbed The Monkey Trial in the sensationalist press. A split in American society in the 1920s, between religious conservatives and progressives advocating science, became the focus of the courtroom drama. Newspaper reporters, including the legendary journalist and social critic H.L. Mencken, flooded into the town of Dayton, Tennessee, for the trial. News dispatches went out via telegraph, and even reporters in the new medium of radio relayed the proceedings to listeners around the country. The highlight of the trial occurred when Bryan, claiming to be an authority on Biblical teachings, took the witness stand. He was cross-examined by Darrow. Reports of the encounter stressed how Darrow had humbled Bryan by getting him to admit to a literal interpretation of the Bible. A headline in the Washington Evening Star proclaimed: Eve Made of Rib, Jonah Swallowed by Fish, Bryan Declares In Sensational Cross-Examination of Bible Beliefs By Darrow. The legal result of the trial was actually a loss for Darrowââ¬â¢s client. Scopes was found guilty and fined $100. However, to many observers, including H.L. Mencken, Darrow was considered to have won a victory in the sense of having shown to the nation at large the ludicrous nature of fundamentalism. Later Career Besides his busy legal practice, Darrow published a number of books, including Crime: Its Cause and Treatment, published in 1922, dealing with Darrows belief that crime was caused by factors impacting a persons life. He also wrote an autobiography published in 1932. In 1934, President Franklin Roosevelt appointed the elderly Darrow to a post in the federal government, assigned to correct legal problems with the National Recovery Act (a part of the New Deal). Darrows work was considered successful. One of his last jobs was to serve on a commission studying the threat arising in Europe, and he issued a warning about the danger of Hitler. Darrow died in Chicago on March 13, 1938. His funeral was attended by many members of the public, and he was eulogized as a tireless crusader for justice. Sources: Clarence Seward Darrow. Encyclopedia of World Biography, 2nd ed., vol. 4, Gale, 2004, pp. 396-397. Gale Virtual Reference Library.Scopes Monkey Trial. Gale Encyclopedia of American Law, edited by Donna Batten, 3rd ed., vol. 9, Gale, 2010, pp. 38-40. Gale Virtual Reference Library.Darrow, Clarence. Crime and Punishment in America Reference Library, edited by Richard C. Hanes, et al., vol. 4: Primary Sources, UXL, 2005, pp. 118-130. Gale Virtual Reference Library.
Saturday, October 19, 2019
Porter's Five Forces Analises Essay Example | Topics and Well Written Essays - 1000 words
Porter's Five Forces Analises - Essay Example This essay will implement porterââ¬â¢s five force model to conduct an analysis of the competitive environment of UK coffee industry. Discussion Porterââ¬â¢s five forces model is an analytical tool that helps organizations to determine the competitive force of supplierââ¬â¢s bargaining power, buyerââ¬â¢s bargaining power, industry rivalry, threat of substitutes and threat of new entrants within an industry. Industry Rivalry UK coffee market is highly competitive as several leading global coffee chains and potential local chains are competing with each other within this similar industry. Starbucks is the leading organization within the UK coffee industry. High concentration among the rivals, high fixed costs, static market growth and presence of several perishable products, such as coffee drinks and food items are the major characteristics of UK coffee industry (Kine, 2010, p.245). Organizations like Starbucks and Costa are competing with each other for the same customers. These organizations have similar corporate goals, such as customer friendly products and employee friendly business policies and strategies. Zero switching cost for the potential customers promotes price war among the organizations (West, 2012, p.165). On the other hand, static market growth forces the existing organization to fight with each other for the market share. This intense market competition forces the organizations to adopt aggressive marketing strategy to survive in the market (Hill and Jones, 2008, p.12). Looking into these above aspects, it can be stated that the rivalry among existing organization within UK coffee market is quite high. Threat of New Entrants It is true that organizations within this industry require large capital to developed coffee chain stores. Therefore, it is difficult for the newcomers to compete with the potential and existing organizations with high capital and more than sufficient finance (Kim and Mauborgne, 2005, p.66). On the other hand, sig nificant and favourite locations are already occupied by the leading organizations. Therefore, it is tough for the new entrants to enjoy maximized footfall. Significant brand differentiation and differentiated product line increases the brand preference of leading players. It is difficult for the new organizations to compete with these leading players at the initial stage. Last but not the least; high legal entry barriers and market saturation can make it difficult for the new entrants to maximize market share at initial starting phase. Looking into these factors, it can be stated that the threat of new entrants is low. Threat of Substitutes Coffee is considered as a major energy drink products. The popularity and acceptance of this product is unavoidable. Recently, several food retail chains and soft drink manufacturing and distributing organizations are introducing several substitute calories free and differentiated energy drink products (Hutchens, 2009, p.31). Globalization and a dvanced technology is motivating organizations to offer substitute products. Somehow, these differentiated substitute products is affecting the total market share growth of the coffee industry. In addition to this, low or negligible switching cost to other substitute products in encouraging the potential customers to taste the differences. Though, several coffee chains are trying to differentiate their brand and product level, but
Friday, October 18, 2019
Commercial aircrafts (such as Boeing 787 Dream liner) for Airline Research Proposal
Commercial aircrafts (such as Boeing 787 Dream liner) for Airline Industry (such as Qatar Airways) - Research Proposal Example In this paper, the purpose is to present a sales proposal to one of the leading airline companies, Qatar airways on behalf of the Boeing Commercials. Boeing 787 Dream liner is one of the aircrafts that Boeing Commercials is fond of producing and one that has caused great excitement in the airline industry. Its development started in 2003, but it was not until 2009 that the first flight took off in an amazing way. The Boeing 787 Dream liner offers a host of comfort not just to the airline companies, but also to the clients. First, this plane is the first of its kind especially concerning fuel-efficiency. The previous version Boeing 767 consumed more fuel than this make, and this simply means that Qatar Airways will save money in terms of fuel efficiency. Earlier, it was asserted that no business is started without profitability being the target; profitability is only realized when the selling prices exceed the buying one. Thus, this plane will ensure Qatar Airwaysââ¬â¢ fuel expenses fall significantly, by 20% to be precise (Barratt & Dowd, 2014); this will translate to a higher profit margin. Composites materials have been used in the making of this plane in a bid to ensure that fuel efficiency becomes a reality besides providing the need noise reduction. Additionally, the plane is two-engine, and this means its speed is somewhat higher than both its competitors and predecessors. There is a 3-class setting in the plane, a windshield that is four-paneled among other features, which make the plane outstanding (Barratt & Dowd, 2014). In addition to all these, the plane is already operating in a number of other companies, and has full approval Federation Aviation Authorities (FAA). Businesses thrive mainly because of the networking capability its owner has, and this calls for the right partnerships (Khalid, 2006). This would require that the other
Comparison-Contrast Essay Example | Topics and Well Written Essays - 500 words
Comparison-Contrast - Essay Example Traditionally, husband serves as the bread-earner for the family while the wife manages the household. In the contemporary age, both may be working partners and yet fulfill their respective responsibilities with respect to home. Cohabitation, on the other hand, does not associate any responsibility to any partner because it has no religious or social significance. Just like an individual is not lawfully responsible for a strangerââ¬â¢s needs in the society, a partner living with another does not have to earn for him/her. Marriage is a much more stable relationship as compared to cohabitation. This is because in marriage, the contract between the two partners is publicly announced and the two have to respect religious teachings regarding marriage. Therefore, married people think a million times before proceeding towards a divorce. Cohabitation is not made with any announcement and most religions deny the followers right to make love in a relationship without marriage. So the cohabiting partners do not really have any solid reason to be together and they may part ways any time. From a religious perspective, marriage is a noble thing to do while cohabitation is an evil thing to do. When marital partners make love, there is no accountability in the religion for their act. Instead, the religion appreciates their intimacy and promotion of love. On the other hand, when two cohabiting people make love, they practice adultery and commit a heinous sin. They invite Godââ¬â¢s wrath and will be held accountable for their act in the world hereafter. Children born to married parents are happier and more contented psychologically as compared to children born to cohabiting parents. Children of married parents can confidently introduce themselves to the society and associate openly with their parents. They derive their confidence from the fact that their parents are living together in a marital contract that is not only lawfully approved but is also
Thursday, October 17, 2019
Home Health Agency Center Essay Example | Topics and Well Written Essays - 250 words
Home Health Agency Center - Essay Example which help members gain easy access to the information they need. In particular, on clicking Home Health PPS, visitors will gain information on the background of the payment system being implemented by CMS for home health agencies (HHAs). The page also provides general information on the laws and systems currently in place in terms of payment of home health services such as computation of required payments for patients requiring readmission or those visiting HHAs frequently within the 60-day episode. Additionally, the site directs visitors to other sites they can visit for more information on HHAs. There are also downloadable pdf files on regulations currently implemented. Generally, the information the CTMS.gov provides in its website are well explained and useful. They serve as definite guide to home health users as well as relevant agencies. Visitors exploring the site can expect fully comprehensive information on home health programs including history, regulation, duties of providers, etc. By reading from the site, users and service providers alike will gain a good perspective of their rights and duties in connection with home health
Business law Case Study Example | Topics and Well Written Essays - 250 words - 1
Business law - Case Study Example He did not go to them to cause him injury and pain. If these three people had been more vigilant, they would have realized the impact of the adhesive they would on his body. The surgeon was particularly negligent when he had the realization that the insulating layer would cause harm but did nothing about it. Karl must therefore ask the three people through his claim to account for their stewardship and the pain they caused to him. Claim of employing the wrong people can also be laid against the hospital. This is because the hospital is the employing agency for the three people who put Karlââ¬â¢s life at risk. If the hospital officials who were in charge of recruitment and placement had been proactive in their duty, they would have known the kind of practitioners the three persons are. Claim could therefore be made for the refund of Karlââ¬â¢s money and any extra amount to cater for the pain he is presently going through and the pain he is likely to suffer in the future. On the part of the manufacturers, Karl can contend that the company leaving out an insulating layer from the pad. This act amounts to negligence of duty on the part of the manufacturers. The applicable defenses can work for the surgeon, nurse and anesthesiologist is that they needed to rely on the ECR to get the surgery completed and that the major cause of the injury was the absence of the insulating layer and not necessarily the adhesive
Wednesday, October 16, 2019
Model answer Essay Example | Topics and Well Written Essays - 500 words
Model answer - Essay Example Welfare of people is often ignored while trading internationally as the major focus is on profits. A minority section gains maximum profit through the procedure who is not even citizens of the exploited nation. This is observed mainly in third world countries where people need to work under unfair conditions, with low wages or in unhealthy work environments, demonstrating the negative aspects of international trade (Stephen, 2011). The other negative issues are exhaustion and destruction of natural resources. It can also be stated that international trade increases dependencies amongst nations and enables supplying nation to exercise more power and impose trade restrictions on other nation, simply to achieve financial gains. Logistics can be defined as an effective management of the procedure through which resources are acquired, moved to different locations or stored as and when required. Logistics management encompasses identification of potential distributors and suppliers, and even evaluation of their effectiveness and accessibility so as to establish healthy relationships (Maloni and Benton, 2000). A logistic system comprises of various components such as customer service, transportation, inventory management, materials handling, storage, information processing, packaging, production planning, production planning, demand forecasting, facility location, purchasing and other related activities. These other activities for an organization can comprise of service support, effective handling of goods returned, maintenance functions and recycling operations (Fawcett and Magnan, 2002). A particular firm might not require all of the components to accomplish specific tasks. For instance, a service firm such as airlines encompasses elements such as maintenance, customer service, information processing, demand forecasting and purchasing functions so as to reach to the
Business law Case Study Example | Topics and Well Written Essays - 250 words - 1
Business law - Case Study Example He did not go to them to cause him injury and pain. If these three people had been more vigilant, they would have realized the impact of the adhesive they would on his body. The surgeon was particularly negligent when he had the realization that the insulating layer would cause harm but did nothing about it. Karl must therefore ask the three people through his claim to account for their stewardship and the pain they caused to him. Claim of employing the wrong people can also be laid against the hospital. This is because the hospital is the employing agency for the three people who put Karlââ¬â¢s life at risk. If the hospital officials who were in charge of recruitment and placement had been proactive in their duty, they would have known the kind of practitioners the three persons are. Claim could therefore be made for the refund of Karlââ¬â¢s money and any extra amount to cater for the pain he is presently going through and the pain he is likely to suffer in the future. On the part of the manufacturers, Karl can contend that the company leaving out an insulating layer from the pad. This act amounts to negligence of duty on the part of the manufacturers. The applicable defenses can work for the surgeon, nurse and anesthesiologist is that they needed to rely on the ECR to get the surgery completed and that the major cause of the injury was the absence of the insulating layer and not necessarily the adhesive
Tuesday, October 15, 2019
The ââ¬Åtanorexicsââ¬Â Essay Example for Free
The ââ¬Å"tanorexicsâ⬠Essay Theyââ¬â¢re desperate for a à sun fix. They spend hours incarcerated in hi-tech coffins. Cayte Williams meets the ââ¬Å"tanorexicsâ⬠Youre lying in a big plastic cocoon. Weird blue light beats down at you through hi-tech glass and thereââ¬â¢s a strange humming noise. Youre naked and sweating profusely. Have you been abducted by aliens for experimental tests? No, youre lying on a sunbed and if youre doing it more than once a week then you could be seriously addicted. The Imperial Cancer Research Fund (ICRF) recently released a fact sheet outlining the dangerous effects of indoor tanning. ââ¬Å"There is extreme concern for ââ¬Ëtanorexicsââ¬â¢,â⬠says Christine Suggars, a spokesperson for the ICRF. ââ¬Å"Especially people who have a dangerous desire for a permanent tan and use sunbeds more than once a week.â⬠So who are these walking raisins, and why do they need a regular sunbed fix? Often tanorexics prefer to buy a sunbed rather than visit a suntanning salon. And letââ¬â¢s face it, anyone whoââ¬â¢s prepared to fork out à £1,600 on the initial machinery must have one hell of a habit. ââ¬Å"I bought a sunbed 10 years ago,â⬠recalls Jane Horwood, a 37-year- old interior designer. ââ¬Å"I used it once a week at first, but this gradually became once a night. I used to go on it religiously after work and hated it when I couldnt go underneath.â⬠Itââ¬â¢s like smoking. Even though I knew I shouldnââ¬â¢t be under there, I couldnt stop myself,â⬠she confesses. ââ¬Å"I wanted to look healthy and was really upset that when I got pregnant my doctor told me I couldnââ¬â¢t go on the sunbed. Itââ¬â¢s an obsession with self image and self esteem, like anorexia. If youââ¬â¢re browner, you think youââ¬â¢re going to have a nicer lifestyle, be more attractive. If I hadnââ¬â¢t got pregnant I would never have stopped.â⬠Over use of sunbeds can lead to all kinds of nasty side-effects. ââ¬Å"Apart from premature skin ageing, people who use sunbeds for more than 20 sessions of 30 minutes per year run the risk of developing skin fragility,â⬠says Doctor Julia Newton Bishop, consultant dermatologist at St Jamesââ¬â¢ University Hospital in Leeds. ââ¬Å"The skin becomes very thin with a transparent texture and it bruises and blisters easily. Normally I would only expect to see this problem in the elderly but I have seen some young patients suffering fromà this who over-use tanning equipment.â⬠ââ¬Å"An average 30 minutes on a sunbed gives you the same dose of UVA rays as a day at the beach,â⬠says Christine Suggars. ââ¬Å"UVB rays have been linked to skin cancer for many years, but itââ¬â¢s only now that the concern is growing over the effects of UVA rays. UVB rays affect the top layer of the skin, the epidermis, and also the melanocyte cells, to produce brown pigment,â⬠she explains. ââ¬Å"UVA rays penetrate the skin more deeply, damaging the elastin (which keeps the skin supple) and collagen (which maintains the skinââ¬â¢s thickness) in the skinââ¬â¢s middle layer, causing sagging skin and wrinkles.â⬠This is not good news for the suntanning industry The Tanning Shop opened its first branch in the UK in 1992 and now has over 150 branches around the country. The company advocates ââ¬Å"controlled tanningâ⬠and specialised programmes can cost up to à £399 a year. ââ¬Å"People arent happy just to pop into a booth anymore,â⬠explains marketing co-ordinator Rachel Oââ¬â¢Donnell. ââ¬Å"They want us to tell them what to do.â⬠Customers are warned about the dangers of over-tanning and are given a ââ¬Ëconsultationââ¬â¢ before their first sunbed session. ââ¬Å"They can only ever have a session every second day and fair-skinned people are allowed six minutes a session which might go on to 10 minutes eventually. Customers are more fussy about what they get,â⬠says Oââ¬â¢Donnell. The Tanning Shopsââ¬â¢ black vertical tanning booths look unnervingly like upright coffins, but tanorexics will not be put off. ââ¬Å"I go two to three times a week,â⬠says 27-year-old accountant, Victoria Williams. It makes me feel healthier, just like when you come back from holiday.â⬠Victoria started using sunbeds to clear up a skin complaint, but now sheââ¬â¢s hooked. ââ¬Å"I did worry about addiction,â⬠she says, ââ¬Å"so I didnt go on the sunbed for a month, but I started to get miserable when I got pasty. I wanted that heat and warmth on my body.â⬠Is she worried about the latest sunbed scare? ââ¬Å"You have BSE, listeria, salmonella,â⬠she says defiantly ââ¬Å"I think there is some scare every week and itââ¬â¢s over-hyped. I would only stop using sunbeds if they were banned.â⬠A favourite haunt of the shameless tanorexic is Electric Beach in Londonââ¬â¢s Covent Garden. Here models and media people pop in for a top-up on a regular basis. On Saturday, the last celebs seen crossing its portats were Luke and Matt Goss, formerly of Bros. Who says tanning isnââ¬â¢t trendy? ââ¬Å"We are looking to cater for those people whoà live a London life,â⬠says managing director Philip Hodgeson. ââ¬Å"People go in and they come out tanned. We use bulbs as opposed to tubes with a potassium filter, which filters out 99.9 per cent of the UVB rays.â⬠While women openly admit to tanning addiction, men are much more secretive. Last year Paddy Ashdown suffered great embarrassment when a beautician let slip that heââ¬â¢d checked in for a session on a sunbed. It seemed his rugged outdoor tan was of the indoor variety and the Lib Dem office put the habit down to his doctorââ¬â¢s advice for soothing a minor skin complaint. John Stevens (not his real name), a 28 year old lawyer, identifies with Paddyââ¬â¢s blushes over his ruddy complexion. ââ¬Å"When youre tanned you look healthy, fit and well travelled,â⬠he says, ââ¬Å"and in business itââ¬â¢s good, because it makes you look wealthier, like you can afford regular holidays. But thereââ¬â¢s this unspoken idea that a ââ¬Ëreal manââ¬â¢ should get his tan doing something rugged and adventurous. I would never want my mates to know that I use a sunbed.â⬠And, of course, thereââ¬â¢s Essex Man with his perennial tandoori tan. ââ¬Å"Thereââ¬â¢s one who co mes in every night,â⬠says Shauney Taylor of Tanning Trends in Barking. ââ¬Å"Heââ¬â¢s in his 30s, heââ¬â¢s working out, and wants the tan to go with it. You know what men are like,â⬠she muses. ââ¬Å"They want to be Peter Andre.ââ¬
Monday, October 14, 2019
The Law Commissions review of the law of intention
The Law Commissions review of the law of intention 'The Law Commission's review of the law of intention confirms the viewthat the English law of intention for murder is based upon an understanding that lacks in two opposite ways. First, as regards direct intention, the law is morally under-inclusive in that it places too much moral weight on a psychological conception of the required mental state. It therefore fails to recognise properly the issue and significance of the concept of 'indiscriminate malice'. Secondly, as regards direct and indirect intention, the law is morally over-inclusive, failing to differentiate culpable and non-culpable acts.'(Norrie, 2006) Critically discuss the above statement with reference to the doctrine of intention in relation to the crime of murder and the Law Commission's Consultation Paper Homicide (No.177, 2005). Before we commence our discussion, let us first be quite clear on what is meant by ââ¬Ëdirect intentionââ¬â¢, ââ¬Ëindirect intentionââ¬â¢ and ââ¬Ëindiscriminate maliceââ¬â¢ in the context of the above statement. Intention literally means ââ¬Ëaim or purpose that guides an action[1]ââ¬â¢. Therefore, ââ¬Ëdirect intentionââ¬â¢, in the context of murder, means an act committed with the direct purpose of killing, or causing serious harm to, another. This has been one of the mens rea requirements for murder as far back as the 17th Century[2]. Clearly, this precludes an intention to achieve another criminal purpose altogether, where the actor ought reasonably to have foreseen, but did not directly intend, the death of another to be a virtually certain result of his actions, e.g. the intention of a ââ¬Ëperson who places a bomb on a plane for the purpose of making an insurance claim in respect of property but who foresees as a virtual certainty the death or serious injury of those who are on the plane when the bomb explodes.[3]ââ¬â¢ This is what Norrie refers to as ââ¬Ëindiscriminate maliceââ¬â¢; ââ¬Ëmalice,ââ¬â¢ in that the actor intended to perform an illegal act, and; ââ¬Ëindiscriminate,ââ¬â¢ in that the actor paid little or no regard to the virtually certain consequences of his actions, namely the death of another. It has long been recognised that the law should bring actions of indiscriminate malice within the scope of the crime of murder, but that a strict requirement of ââ¬Ëdirect intentionââ¬â¢ would fail to do so; ââ¬Ëdirect intention is simply ââ¬Ëtoo narrow for the purposes of criminal responsibility[4]ââ¬â¢. Thus, the concept of cognitive ââ¬Ëindirect intentionââ¬â¢ was born, introduced into English law in the case of Nedrick[5]. Such intention does not have to be direct, but can merely involve a degree of foresight which, if possessed, should warrant a conviction of murder rather than manslaughter, a crime which denotes a too low a degree of criminal and moral culpability for actions where the death of another is virtually an incidental certainty. This doctrine, in its current form, was laid down by Lord Lane CJ Nedrick[6] in 1986, and modified by Lord Steyn in Woollin[7]: ââ¬Å"Where the charge is murder and in the rare case where the simple direction is not enough, the jury should be directed that they are not entitled to find the necessary intention, unless they feel sure that death or serious bodily harm was a virtual certainty (barring some unforeseen intervention) as a result of the defendantââ¬â¢s actions and the defendant appreciated that such was the case.[8]â⬠Some commentators have argued, as Norrie does at the top of this paper, that such an extension has gone too far; whilst indiscriminate malice now clearly comes within the scope of this extended intention requirement for murder, which is a good thing, other actions are now also included under the crime of murder, crime which, due to the lack of criminal and moral culpability involved, would be more fairly labeled as manslaughter. An example of such an action being so unfairly labeled was provided by Lord Goff in the Nathan Committee Report by the House of Lords Select Committee on Murder and Life Imprisonment [9]: ââ¬Å"A house is on fire. A father is trapped in the attic floor with his two little girls. He comes to the conclusion that unless they jump they will all be burned alive. But he also realises that if they jump they are all [virtually certain] to suffer serious personal harm. The children are too frightened to jump and so in an attempt to save their lives he throws one out of the window to the crowd waiting below and he jumps with the other one in his arms. All are seriously injured, and the little girl he threw out of the window dies of her injuries.â⬠The Law Commission, in citing and analyzing this example, came to the conclusion that the father in this case should not be labeled a murderer. Under the concept of ââ¬Ëindirect intentionââ¬â¢ however, the father should be guilty of this second-degree crime. As Norrie notes[10], the Law Commission were forced to conclude that ââ¬Ëindirect intentionââ¬â¢, by focusing on the knowledge of the father rather than the wishes behind his actions, was morally over-inclusive, failing to differentiate correctly between culpable and non-culpable acts, i.e. between actions of indiscriminate malice, such as the insurance fraudster who blows up the plane with no regard to the life of those on that plane, and actions involving no malice, but which are indiscriminate in their effects, such as the actio ns of the desperate father in Lord Goffââ¬â¢s example above. In this paper I shall address these concerns in detail, concluding that a cognitive approach to intention may simply be unsuitable for the crime of murder; it fails to adequately demark the boundaries of culpability between this crime and that of manslaughter. I shall then examine the Law Commissionââ¬â¢s Consultation Paper Homicide (No.177, 2005), and shall critically discuss their approach to these problems, concluding with an assessment of how successful these reform proposals would be in their aim of differentiating correctly between culpable and non-culpable acts, if implemented. As we have already seen from the examples discussed above, Norrie is quite right in his assertions; the requirement of direct intention is too focussed on the specific mental state of the actor with the effect that the charge of murder would be precluded for anyone other than an offender who either directly intended to kill his victim, or at least intended to cause that victim serious harm from which death was a reasonably foreseeable result. Likewise, the extension of this requirement to include indirect intention, whilst at least serving to bring crimes of indiscriminate malice under the scope of ââ¬Ëmurderââ¬â¢, also serves to bring other such actions under this label, actions which should only be considered manslaughter, in light of the lower degree of criminal culpability possessed by their perpetrators. In other words, it is not always fair to equate foresight of a virtually certain result with intention. Let us now look at the reforms to the doctrine of direct intention, which have been proposed by the Law Commission in their Report on Homicide[11], and assess to what extent these reform might actually serve to correct the current inadequacies: In this Report, the Law Commission make two different reform proposals; the first of these is to create a statutory definition of intention which avoids the problems of indirect intention being construed too widely by a jury; the second is to codify the existing common law doctrine of indirect intention, but to modify it so that the current problems of indirect intention can be avoided. Both of these proposals are therefore designed to rectify the problem of indirect intention being construed too widely, whilst at the same time allowing this doctrine to continue its prosecution of indiscriminate malice as murder where appropriate. The rationale behind both of these alternative proposals is to rectify the distinction which can, in exceptional cases, exist between intention, in its natural form, and intention implied by reasonable foreseeability/ virtual certainty. They reform proposals recognise that it is possible for an offender to have not intended a particular outcome, even though he or she may have realised that such an outcome was a virtually certain consequence of their actions. This is commonly known as the ââ¬ËWoolin[12]ââ¬â¢ problem. Under the first proposal, the Commission have state that ââ¬ËIt is crucial that a statutory definition of intention should not cause injustice, or absurdity, by deeming certain conduct to be intended when the circumstances show it to be otherwise[13]ââ¬â¢. Thus, under this first proposal, the Commission propose to insert a proviso into a statutory definition of intention, i.e. ââ¬ËA person is not to be deemed to have intended any result, which it was his or her specific purpose to avoid.[14]ââ¬â¢ This should not be seen as reinserting a motive assessment into that of intention, but rather to provide a means by which a jury will not be forced to convict someone of murder, in an exceptional case where that offender specifically did not intend to cause death even though he knew it would almost certainly result from his actions. Under the second proposal, the Commission suggest a codification of the current doctrine of intention, modified to take account of those exceptional cases where it would be unfair to equate foresight of a virtually certain result with intention, might be as follows. Such a formulation might read as follows: ââ¬Å"(1) A person is to be regarded as acting intentionally with respect to a result when he or she acts in order to bring it about. (2) In the rare case where the simple direction in clause (1) is not enough, the jury should be directed that: they are not entitled to find the necessary intention with regard to a result unless they are sure that the result was a virtual certainty (barring some unforeseen intervention) as a result of the defendantââ¬â¢s actions and that the defendant appreciated that such was the case. (3) In any case where the defendantââ¬â¢s chance of success in his or her purpose of causing some other result is relevant, the direction in clause (2) may be expanded by the addition of the following phrase at the end of the clause (2) direction: or that it would be if he or she were to succeed in his or her purpose of causing some other result, and that the defendant appreciated that such was the case.[15]â⬠This would have the effect of maintaining the current law in relation to virtual certainty, which as Lord Steyn pointed out in Woolin, ââ¬Å"has [over a period of 12 years since Nedrick] apparently caused no practical difficulties,[16]ââ¬â¢ whilst at the same time, limiting the doctrine of indirect intention so as to exclude those situations where an offender might have seen death as being virtually certain, but where he specifically tried to avoid it. This proposal purports to do this by providing the jury with more specific guidelines as to when they are entitled to infer indirect intention. Both of these reform proposals are encouraging; it would seem that the Law Commission is heading in the right direction at last. The first proposal specifically precludes the Woolin problem with the insertion of a provision which, although purportedly reintroducing a motive element to the doctrine of intention, can actually be used to ensure that intention is not implied where it would be unfair to do so. The second is less specific, but purports to achieve the same ends by clarifying the necessary circumstances in which indirect intention should be implied. In conclusion, I would favour the first proposal for the following reason; the second proposal will only slightly modify the doctrine of indirect intention, and will only slightly limit its scope. The proviso contained in the first proposal however, is, as yet, unlimited in its scope, and as such, can be used by a jury to greater effect. This may have the result of reverse injustice, i.e. offenders who should morally be guilty of murder escaping this label for the lesser conviction of manslaughter, but I feel that it will so significantly decrease the chances of the reverse occurring, i.e. offenders who should only be found guilty of manslaughter being labeled as a murderers, that such a risk is justified; after all, it is more important to encourage this latter phenomenon than it is to prevent the former from occurring at all costs, especially in light of the huge sentences which are imposed on those offenders convicted for the crime of murder. Bibliography: Law Commission's Consultation Paper Homicide (No.177, 2005) Nathan Committee Report, Report of the House of Lords Select Committee on Murder and Life Imprisonment (HL paper 78-1, 1989). A Ashworth, Principles of Criminal Law (4th ed 2003) A Norrie, ââ¬Å"Subjectivism, Objectivism, and the Limits of Criminal Recklessnessâ⬠(1992) 12 OJLS 45. A P Simester, ââ¬Å"Why Distinguish Intention from Foresight?ââ¬â¢Ã¢â¬ in A P Simester and A T H Smith, Harm and Culpability (1996) 71. Williams, G. (1955) The definition of Crime Current Legal Problems 8, 107-30 Smith, A. H. (2004) 'Criminal Law: The Future' Criminal Law Review, Dec, 971-80 1 Footnotes [1] A definition provided by the Oxford English Dictionary. [2] See Lord Cokeââ¬â¢s classic definition involving ââ¬Ëmalice aforethoughtââ¬â¢. [3] Law Commission Report: Homicide [No.177; 2005] para 4.6 [4] Ibid, para 4.6 [5] 1986 (83) Cr App R 267 [6] ibid [7] [1999] 1 AC 82. [8] [1999] 1 AC 82, at 96 [9] Lord Goff in the Nathan Committee Report, Report of the House of Lords Select Committee on Murder and Life Imprisonment (HL paper 78-1, 1989). [10] In the statement at the top of this paper, A. Norrie states: 'The Law Commission's review of the law of intention confirms the viewthat â⬠¦ indirect intentionâ⬠¦ is morally over-inclusive, failing to differentiate culpable and non-culpable acts.' (Norrie 2006) [11] Report No. 177; 2005 [12] In this case, D had a grudge against a woman and had threatened to ââ¬Ëburn her outââ¬â¢. One night he poured paraffin through her letterbox and set it alight. One of the women dies in the fire. When asked why he did it, he replied ââ¬Ëto wake her up and frighten herââ¬â¢. Here, he did not intend to kill the womanââ¬â¢s but the question is therefore whether or not he saw such a result as virtually certain. [13] Ibid, para 4.42 [14] Ibid, para 4.50 [15] Report No. 177 2005 para 4.69 [16][1999] 1 AC 82. at 94
Sunday, October 13, 2019
College Admissions Essay: I Will be an English Teacher :: College Admissions Essays
I Will be an English Teacher "Most of the change we think we see in life is due to truths being in and out of favor." -- Robert Frost I felt trapped, immobilized, confused. It was my senior year in high school. My friend Nancy aptly described me as laboring under a "stupor of thought." Finally, I did the one thing that held any promise of relief - I decided to become an English teacher. I didn't just switch oars in the middle of the stream; I switched to an entirely different river. Throughout high school, instructors and classmates have said to me, "You know, you'd make a great teacher." That's nice, I'd say, but I already have a plan, a nice, sensible plan: earn a degree in accounting, marry my love of music to my skill with numbers and computers, and become the financial manager for a non-profit music arts organization. I outlined my plan in essays. It was a good plan, a sensible plan, a righteous plan. I can't change now. It's too late, too late! It's too late...isn't it? After three years of resistance, my passion for learning and literature and my experiences as a student finally defeated my sensible plan. I decided it was not too late. I would become a teacher - truth be told, I already was. Outside the classroom, I wore teacher-ness on my sleeve. Volunteering in the school office, I'd chat with the students about their classes. They'd moan about the speech class they intended to put off as long as possible. I'd counter with tales of giving my instructional speech on Japanese style gift-wrapping - the women in the class produced beautifully wrapped gifts, but the men were all thumbs! "Gee, you make it sound cool. Have you ever thought about teaching?" Oh no, not me. I'm going to be an accountant. The drive to learn more and share what I learned exposed me. After fulfilling the algebra requirement, I realized that I enjoyed algebra. So I took more math classes, just for the fun of it. I stayed up late, working additional problems, caught up in the thrill of understanding. I became an unofficial tutor, helping my classmates with factoring and linear equations. It was fun helping them learn. Whipping around the room from one student to the next was exhilarating! "Have you ever thought of becoming a math teacher?
Saturday, October 12, 2019
Impact of the Enlightenment, Economics, and Geography on The American Revolution :: Essays on American Revolution
Many things contributed to the American Revolution besides the American people themselves. Some influential ideas that contributed to the Revolution are Enlightenment ideas. The Enlightenment thinkers behind these ideas are John Locke, and Voltaire. Economics also had I major impact on the American Revolution. Geography also played a major part the uprising of the American Revolution. There were many Enlightenment ideas that provoked the American colonists to start the American Revolution. John Locke was very influential with his ideas of consent of governed, and limited Monarchy. Voltaire also had great ideas which contribute to the American Revolution such as that the government should be run by Natural Law instead of Gods Law. In war time it is a proven fact that the British economy boasts just like in the French and Indian War. In the act of trade and navigation Britain forced the American colonies to trade only with English or ships heavily taxed by England. In 1764 Parliament passed a law saying sugar and molasses were to be tax, and paid in cash. This act was called the Sugar Act. To pay in cash was especially hard for colonist because they relied on the barter system. In 1765 Parliament passed another law were colonist had to pay taxes on official seals on legal papers, playing cards, and newspapers. This was called the Stamp Act. This was also to be paid in cash. In result of anger toward England for passing all these laws and acts the colonists organized, boycotting all of the things taxed by the Stamp Act. In 1774 the British punished the Massachusetts colony for there acts at the Boston Tea Party. The British moved the Capital to Salem. They closed Boston Harbor. England also sent 4000 troops to enforce these laws. In result of all this Americans set up the First Continental Congress. They decided to stop all trade with England and organized colonial militias. This was all ignored by England. The colonies in return set up the Continental Congress. The declaration of Independence was signed on July 4, 1776. After these events war was inevitable with England. Geography had a major effect on the start of the American Revolution. The Atlantic Ocean separated England and the American colonies, but still the British demanded control over the united states. The proclamation of 1763 was a Royal order to stop the colonists from moving west of the Appalachian Mountains.
Friday, October 11, 2019
Pleasures of Eating Essay
In ââ¬Å"The Pleasures of Eatingâ⬠Wendell Berry wants the reader to recognize that eating is a cultural act. He believes we are eaters not consumers and that we should have more knowledge about the food we eat. Berry wants the reader to questions where the food is coming from, what condition is it produced in and what chemicals may it contains. He has found that the food industries blind us to what we are consuming and the effect it has on us. At last Berry believes that we must eat responsibly to live free. Berry first begins with eating as an agricultural act. We think of food as an agricultural product rather than think of ourselves participating in the agriculture. Berry sees us believing we are just consumers, as we buy what we want within our limits and what ââ¬Å"they,â⬠the industrial food companies, want us to buy. With this we ignore the most certain critical questions, ââ¬Å"how fresh is it? How pure or clean is it? How pure or clean is it? How free of dangerous chemicals? How far was it transported? And what did transportation add to the cost? â⬠(Berry 231). Berry recognizes that we are naive to believe that the food we buy is produced on an agriculture farm when we have no knowledge of what kind of far or where it is located. We only know of one process, when it appears on the grocery shelf. Industrial food companies blind us with product commercialization. ââ¬Å"This sort of consumption may be said to be on of the chief goals of industrial productionâ⬠(Berry 231). Industrial food companies have persuaded us to prefer the consumption of food that is already prepared. They have eliminated the agricultural work giving you the connivence of growing, delivering and cooking it all you for. If industrial food companies could find a way to gain profit from pre-chewing your food and feeding it to you they would do it. ââ¬Å"When food in the minds of eaters, is no longer associated with farming and with the land, then the eaters are suffering a kind of cultural amnesia that is misleading and dangerous. â⬠What Berry means by this is we give up knowing the history of our food and hand over all control and freedom. Like any politics it involves our freedom. By giving someone else the control we, ââ¬Å"neglect to understand that we cannot be free unless our food is freeâ⬠(Berry 232). Our food wars a much make up as actors (Berry 232). Berry expresses that the food industry wants little to do with our health but more to do with volume and price of their product. As scales increase, diversity declines when this happens so does health. From there the dependence on drugs and chemicals becomes necessary. Food advertising leads up to believe that what we eat is good, tasty, healthy and guaranteed to give us a long life (Berry 233). Industrialism is a trap. Berry believes how to escape this trap is to recognize the food problem as a whole and how eating is inescapable. In order to participate in the agricultural act you must; participate in food productions, prepare your own food, learn your foods origin, cut the middle man when you buy, learn about industrial food companies, good farming and gardening and learn from observation and experience. Berry takes pleasure in eating meat from non-suffering non-farm raised animals. As well as, fruits and vegetables that lived a plentiful life. He believes eating should be an extensive pleasure and the more we participate in agriculture and gain knowledge the more we live, ââ¬Å"free from mystery, from creatures we did not make and powers we can not comprehendâ⬠(233). Although Berry made very good points on the importance of a healthy lifestyle he uses excessive amounts of emphasis on knowing what you are eating all the time. I believe if you set limits on the amount of industrialized food you consume, you will still be able to live a healthy and fulfilling life. ââ¬Å"The consumer, that is to say, must be kept from discovering that, in the food industry-as in any other industry-the overriding concerns are not quality and health, but volume and priceâ⬠(Berry 233) This direct quote was very strong and caught my attention. This made me realize that industrial food companies can be compared to any kind of business as their chief objective is increasing profit. There are, however, certain ways to get around the conventional food industry. It is possible to avoid the trap because after all ââ¬Å"the trap is the ideal of industrialismâ⬠(Berry 233). Even though I agree with this certain point, I feel as if there might be a more effective approach that Berry could have taken when describing this so called ââ¬Å"trap. â⬠The way that Berry expresses his views makes it seem as if food industries are out to get you. The description of their goal to make consumers fall into a trap is on the extreme side. Wendell Berry seems to be very into the details of farming and how our meals are processed, but as someone who has been given a very fortunate life style, it is hard for me to relate. When I read I find myself to be having contradictory thoughts as this whole time I have disagreed with most things Berry said; with that being said, the main point of his article is that people take for granted their meals and have no idea the process farmers go through to make our lives the happy ones we live. So yes, Wendell Berry is right in saying people, like myself, should know more about the process and food we absorb each and every day. He does a great job of bringing in his arguments with the tone of his article and repetition of ideas. When he makes a point, he wants to ââ¬Å"hammer it home. â⬠Therefore, I have to applause him for his writing as he is a convincing writer with a strong knowledge base. His position on the food industry and the roles that consumers need to play in order to eat pleasurably is grand but some of his views were too extreme to persuade me.
Thursday, October 10, 2019
Effects of Government Bailout of General Motors as Viewed by Two Contrasting Government Control Views
Legal Environment of Business Legal Environment of Law ââ¬â Paper 1, Spring 2009 ââ¬Å"Effects of government bailout of General Motors as viewed by two contrasting government control viewsâ⬠Summary This report is based on the notes I took listening to a debate I overheard from two of the presenters, Jurgis and Equality, at a business seminar I attended. The topic of the debate was the need for the government to provide more assistance to General Motors, who already received stimulus payments but due to the economic recession, is still in peril. Jurgis had the socialistic view that the more government involvement and influence the better. Jurgis believed that employers, working conditions, and the positions themselves should be regulated by the government. Equality had an opposing view of capitalism, and the need to limit the involvement of the government and let the economy work itself out. Equality felt there was enough support for the employees without need for any more mandated by the government. In conclusion I agree with many of the aspects Equality presented. General Motors was already given assistance; they need to be given the chance and motivation to try to rescue themselves. In history itââ¬â¢s been proven that the economy will right itself, government involvement has a tendency to make the situation worse. While attending a business seminar on the impacts of further oil shale development in the United States, I became fascinated with two contrary presenters. Jurgis promoted the thought that we need more laws and government control to protect us from ourselves. Equality had a laissez-faire view of government involvement. Equality felt that the government should have limited power and control over the people and marketplace. After the seminar I noticed Jurgis and Equality having a conversation and decided to tag along and listen to their conversation. Jurgis and Equality were discussing the government bailout of General Motors and the proposal for additional money needed; since the first extension period is almost up and the first disbursement of funds did little to help General Motors. Due to the economic recession people have stopped buying new cars and General Motors has not yet sold their December production. Jurgis argued that the government must intervene to protect employeeââ¬â¢s jobs and welfare by instituting more laws and regulations to protect the workers as well as providing economic subsidies. Jurgis said that if General Motors should be allowed to fail then the loss of jobs will pit man against man, something Jurgis knows about. ââ¬Å"In Russia, there were rich men who owned everythingâ⬠[ (Sinclair, p. 13) ] Jurgis argues that without regulation and control with regard to the employee than the conditions he suffered through in Russia will return. I remembered from my business law class that before unions and regulation, ââ¬Å"Workers, often women and sometimes children, worked 60 to 70 hours per week and sometimes more, standing at assembly lines in suffocating, dimly lit factories, performing monotonous yet dangerous work with heavy machine ryâ⬠[ (Samuelson, p. 403) ], we do need some form of workplace regulation. Equality disputed the need for increased government help and regulation, every man should work to achieve for himself, not the common good. Equality said that he was once told ââ¬Å"Many men in the Homes of the Scholars have had strange new ideas in the pastâ⬠¦ but when the majority of their brother Scholars voted against them, they abandoned their ideas, as all men mustâ⬠[ (Rand, p. 73) ], this kind of mentality only suppresses the people, it doesnââ¬â¢t help them. He doesnââ¬â¢t want to return to a society that has no respect for individualism, only what benefits the whole. Equality fears that if we allow the government some control over General Motors, its workers, and operation, then eventually more and more control will be given until every aspect of life and even death is controlled. Jurgis told Equality about the working conditions and life he had lived because there was no regulation, no union to represent and bargain for the worker. Jurgis explained how his wife had gotten a job for a packer, and the woman she replaced was let go only because she was sick, not due to performance. Someone must look out for the workers, and the government has a responsibility to be this regulator. I remember from my business law book a story of miners working conditions ââ¬Å"Temperatures in the mines were well over 100 degrees. Miners drank more than three gallons of water every day. Some suddenly collapsedâ⬠¦ Within minutes they were dead, but even before they died, their places in the mine were taken by other workers desperate for pay. â⬠This was when unions developed to protect and fight for the workers. Equality said the people should be allowed to prosper or fail on their own, let General Motors control its own fate. For every amount of power that is given to the government, there is a corresponding loss of personal freedom and in the case of General Motors, economic success. And if the government keeps bailing out General Motors and other companies, what are we telling these companies? General Motors was already given a disbursement to aid their financial situation; if they chose to misuse this bailout then maybe they deserve to fail. Equality said that ââ¬Å"There is nothing to take a manââ¬â¢s freedom away from him, save other men. To be free, a man must be free of his brothers. That is freedom. This and nothing else. â⬠[ (Rand, p. 101) ] Each man must have the ability to provide for themselves, even if it is in competition and at the cost of another man. As I listened to Jurgis and Equality debate, I remembered that under statute 9 of the National Labor Relations Act of 1935 ââ¬Å"â⬠¦ the union will represent all the designated employees, regardless of whether a particular worker wants to be represented. â⬠[ (Samuelson, p. 407) ]. Equality argues that each person should be responsible for him or herself and have the right to choose if, when, who, or how they should be represented. But Jurgis said that some workers may not realize that they need representation, or work in bad or illegal conditions. This is the case with child labor, laws are needed to limit child labor, and someone must also represent them. The government should not only provide the money needed to keep General Motors going, but also increase its oversight of the company making sure that the employees are taken care of. Jurgis told Equality that there are people that are above the law like the man that made his wife Ona bend to his wishes at the threat of her family. When Jurgis found out about this and confronted and assaulted the man, Jurgis was the one that was hauled off and given an unfair trial. Jurgis had to spend 30 days in jail, and his family paid the price. As far as Jurgis is concerned this type of power and wealth needs to be controlled by the government to make sure that every man has value and a say in his life. There are so many workers for General Motors that the government must help it keep going to keep these workers employed, safe, and able to live. Equality told Jurgis of a similar, but opposing story from his life. From birth he was told what he was, how he would live and even die. You were assigned an occupation, there was no occupational protection provided; you did as the government told you until you were no longer valuable to society. When you were deemed worthless you reported to house of the dying to live out the few remaining moments of your life. ââ¬Å"We are nothing. Mankind is all. By the grace of our brothers are we allowed our lives. We exist through, by and for our brothers who are the State. Amen. â⬠[ (Rand, p. 20) ] This was the only prayer aloud. Jurgis argued that we need a society and government based on socialism, that itââ¬â¢s the responsibility of the majority to look after its people. By giving General Motors the aid they require in return for some control over the company, its operations, and employees, we would move toward socialism. Jurgis felt that he owed his life to socialism, and that it was the answer to any problem he faced or had endured. Equality on the other hand continued to argue that the government needed to be controlled and that society needed to be based on capitalism. As power was given to the government little by little, its overall control over society grew until it was the controller. Equality argues this point with bailout and help of General Motors. By giving aid the government in turn acquires power over the company, its share holders, and employees themselves. In conclusion I agree that extended help in the form of funds may not be the best way to help General Motors. Since this aid comes with strings attached, the government does indeed move to the socialist schema. As described in the video on the American form of government [ (http://www. imp. com/thegovernment/, 2008) ] the state of government is always moving to a monarchy or oligarchy. Any move away from a system based on a republic ideology always ends with an oligarchy. But this is a continuing cycle, as seen in a rudimentary way in Anthem. General Motors has already had some assistance, now it should be left alone. There are enough current laws and government involvements to make s ure that the employees are at the least, treated fairly. Though some may end up temporarily unemployed ore are pushed to find a different type of work, these people will make it. Should General Motors fail, another company will step into its shoes and fill the void. There is too much need for their products for them to simply disappear. Bibliography http://www. wimp. com/thegovernment/. (2008). Retrieved from http://www. wimp. com/thegovernment/: http://www. wimp. com/thegovernment/ Rand, A. (1995). Anthem. New York, NY: SIGNET. Samuelson, B. (2008). Legal Environment, Third Edition. Mason, OH: South-Western, Cengage Learning. Sinclair, U. (2004). The Jungle. New York, NY: Pocket Books, a division of Simon & Schuster, Inc.
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