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Wednesday, July 31, 2019

A Worn Path Short Story Research Paper Essay

Many obstacles can be taken when one desired the most is at risk. Phoenix Jackson is an old woman who has the right intentions, but meets many conflicts on the way. In the short story, â€Å"A Worn Path†, Eudora Welty predicts that one never knows where a path will end up leading them through conflict and symbolism. Phoenix Jackson warns that one never knows where a path will end up leading to. In the short story â€Å"a Worn Path†, Phoenix Jackson goes through many obstacles on the path to find medicine for her â€Å"grandson† (Welty). Phoenix is on a mission to retrieve treatment for her grandson. She is willing to face anything that gets in the way of her path leading to her destination. As Phoenix faces her journey she will reach conflicts beyond the way. While on the path to complete her mission phoenix stumbles upon many conflicts. In the short story â€Å"a Worn Path†, Phoenix comes encounter with intimidation of a â€Å"young hunter† in the woods (Heller). The hunter tests the old lady of weakness as he boasts of himself throughout the scavenged woods. Although the hunter has a gun with any possible chance to use it on Phoenix, she resembles courage upon the conflict for going about her business and continuing about her quest. In the short story â€Å"a Worn Path†, old woman Phoenix struggled up a hill â€Å"extricate[ed] herself from a thorn bush†, and crossed a log over a creek (Piwinski). As the woman struggles to get out of the bush she chooses to not give up and continue forward her path. The woods may have brought conflict and obstacles to Phoenix, but that won’t stop her from reaching the end of her journey.

Analysis of Two Views of the River by Mark Twain Essay

Wisdom and knowledge takes the poetry from our hearts.   Ã¢â‚¬Å"Two Views of the River† is an essay that depicts the passing over of an individual from innocence to wisdom and how things loose their significance when they cease to be something new, and later on, what we thought we wanted will become something trivial and insignificant in our eyes as we discover what it truly is. The way Mark Twain said â€Å"the language of the water† reminds me of things in our lives, perhaps trades that we are trying to become the world’s experts of. Indeed, we try to work on our goals and become as great as we could be. We learn every facet of that object, as the river was to him. Referring to his mentioning of romance, it is comparable to falling in love. When people fall in love, they are in a fantasy world where everything is seen in rose-tinted glasses. Seeing only all the wonders of that world and refusing to see all the bad side. Once the glasses are removed, you can still remember all the memories and reminiscing all the thrills and happiness that those memories made you feel just as he recalled the way he was when he first fell in love with the river. When he learned everything he wanted to know, he discovered that what he has found was something worthy but in the process, he lost a part of himself that he could never ever regain nor recapture again and perhaps it is his ability to dream. What he has found disillusioned him. But then he remembers the way he was and the way he used to view things. All the beauty he once saw has turned jaded. It is perhaps his perspective that changed but even, it makes him sad to realize that. Maybe, he also realized that he has become cynical, if you will view his loss of passion in relation to life, politics even. He was reminiscing the way he had first seen the river, like someone â€Å"bewitched† and in awe of all the beauty that he saw and he said that instead of seeing the beauty of it, he should have seen the harm it could do. But then, he said that he slowly saw the beauty in a different light or maybe, he started to take that beauty for granted. In life, there are many times when we get disillusioned. We follow dreams and fantasies as though they are the best thing on earth, only to realize later on that the dream was never quite the way we envisioned it once it turns into reality. A lot of times, people get so absorbed in the chase of one rainbow after another to realize what they really want, in much the same way that in an individual’s pursuit of knowledge in his field of passion, they eventually loose their enthusiasm. There were cause and contrast in Twain’s essay which could be seen in the way he described the river, which differs from the way he described it as someone you would call naà ¯ve to his next paragraph, which I would interpret as a man who has gained knowledge and was disillusioned by that knowledge. In view of life, it is like the passing over of humans and learning the harsh facts of life. The world is still the great place that we know it is, and life is still a precious jewel that matters more than anything in this world. But in our daily lives, we forget to stand back and see the world’s beauty because we have encountered its dark pits, in much the same way that we find life so hard to appreciate because of the irony and unfairness of it. Mankind was all born idealists and optimists, but eventually, that idealism and optimism is lost as the person goes through the hardships of life. The experiences will teach him a great many things and it will leave him equipped to handle the obstacles that he has encountered in the past and overcome the obstacles of the present. But this will take some of the beauty from his eyes. Viewing the essay in different angles and in relation to aspects of society and humanity, it is indeed easier to remain innocent and left with our dreams and not know of all the dark angles because knowing can only hurt as dreams are indeed better than reality.

Tuesday, July 30, 2019

A report on the serious failures of winterbourne view Essay

Winterbourne View, and the company Castle Beck Care LTD, failed to protect the individuals in their care from various types of abuse. They were not protected adequately from harm, risk and the own unsafe practices of the staff employed there. Staff at Winterbourne View had failed in their legal duty to notify the Quality Care Commission of serious incidents, including injuries to patients and occasions when they had gone missing. see more:identify reports into serious failures to protect individuals from abuse Ten essential standards, which the law requires providers to meet and Winterbourne View did not include; The managers did not ensure that major incidents were reported to the CQC as required. Planning and delivery of care did not meet people’s individual needs. They did not have robust systems to assess and monitor the quality of services. They did not identify and manage risks relating to the health, welfare and safety of patients. They had not responded to or considered complaints and views of people about the service. Investigations into the conduct of staff were not robust and had not safeguarded people. They did not take reasonable steps to identify the possibility of abuse and prevent it before it occurred. They did not respond appropriately to allegations of abuse. They did not have arrangements in place to protect the people against unlawful or excessive use of restraint. They did not operate effective recruitment procedures or take appropriate steps in relation to per sons who were not fit to work in care settings. They failed in their responsibilities to provide appropriate training and supervision to staff. The CQC report concluded that there were systemic failures in protecting people or to investigate allegations of abuse. Footage used in prosecutions showed member of staff repeatedly assaulting and harshly restraining patients under chairs, giving patients cold punishment showers, with one patient being left out in near zero temperatures and another having mouthwash poured in their eyes. Members of staff also pulled hair, poked people in the eyes, force fed medication and mocked patients to the extent one actually tried to escape through a second floor window to escape the torment. These are all massive failings of the staff and the company to provide a safe and secure environment for its service users. The CQC was also guilty of failing to investigate claims thoroughly. The case of Winterbourne View and the coverage that Panorama aired on television shocked the nation. Undoubtedly making a lot of people question the capability of the CQC as well as their local homes / services, where family members or friends may visit or live. The CQC held an internal inquiry and as a result there were many changes to various organisations. Winterbourne view inevitably closed and eleven people plead guilty to criminal offences of neglect or abuse. Six of which were jailed.

Monday, July 29, 2019

Motorcycle Clubs Essay Example | Topics and Well Written Essays - 1750 words

Motorcycle Clubs - Essay Example Although original motorcycle clubs were formed as more of a hobby, current clubs are run like a business. The majority of motorcycle clubs have a president, vice president, treasurer, secretary, sergeant-at-arms and road captain.i The club starts with a mother group and various chapters are established later. It is also run like a business in that members pay dues. Outlaw clubs, especially, are run as a business. Illegal business, but business all the same: "Federal law enforcement agencies, including the FBI and the Bureau of Alcohol, Tobacco, and Firearms (ATF), say that outlaw bikers, with over 300 clubs, 5,000 members, and at least 10,000 regular hangers-on, are one of the nation's largest organized criminal networks, after the Mafia and Asian gangs. They are also a business. The feds believe the Hells Angels and the other large outlaw gangs earn up to $1 billion a year worldwide from drug dealing, prostitution, gunrunning, theft, extortion, and murder."ii The person who joins a motorcycle club is looking for a variety of things. Some want more experience riding with a group and the confidence that comes from experience. Others want the camaraderie that comes with belonging to a group. Also, there is safety in numbers and a new rider may feel more secure riding with a large group. Other people join because they want to learn from others: safety tips, techniques, the best routes. Dulaney explains why he joined a motorcycle club: "For me, one of the best unexpected perks of joining a motorcycle club has been and remains the joy of riding with likeminded souls: members of a motorcycle club have at least one thing in common: their love of riding. Everything else, age, gender, race, looks, economic background, etc. disappear under the leathers. You can relax, laugh, talk or simply observe, it's up to you . . . it's your opportunity to be free and to unleash that part of yourself which has been hiding all these years . . .iii So who joins a club depends on their reasons for joining. Men are traditionally known to purchase motorcycles as part of a mid-life crisis. A club may provide a group atmosphere for regaining some of their youth. For some, the reason to join is two-fold: Motorcycle enthusiasts take great pride in their bikes. So many join for the opportunity to show off their bikes while helping a charity at the same time. Origination There are three critical eras involved in the origination of motorcycle clubs. Dulaney explains these as: the pre-formative period between 1901-1944, known as the genesis of social organization around motorcycling; the formative period between 1945-1957, where social and historical events of the post-World War II era coalesced in the formation of outlaw motorcycle clubs; and the trans-formative period from 1958 to present.iv Motorcycle clubs emerged shortly after the origin of motorcycles. The clubs formed to bring together riders for camaraderie and other events. The McCook Outlaws were one of the first long-lasting clubs. The name transformed through the years to the Chicago Outlaws and then the Outlaws Motorcycle Club. Long-distance touring and racing are attributes accredited to

Sunday, July 28, 2019

The problem of transcendence Essay Example | Topics and Well Written Essays - 750 words

The problem of transcendence - Essay Example Theologian William Paley forms one of the failure cohorts in that journey. His first argument was based on a watch. If one were found one lying on the ground, the conclusion would be that there is a designer behind the whole process. The application of the idea is shifted to the anatomy of both humans and animals. He made a conclusive statement that there is a designer behind this elegant creation. The argument leads to the development of a terrible problem. In essence, he simply failed in the aspect of transcendence since he reduced God to being merely powerful and intelligent failing to recognize His finite character. In addition, his argument did create a detrimental effect on the society. God possesses the aspect of being the societal designer from the time immemorial and that character persists. Consequently, what results is that the society perceives God as a being who cannot be a subject to challenging human beings. There is a terrible idea that follows this: if society is des igned, then everything is perfect as it is, and humans cannot be wrong. In other words, God does not challenge human reasoning. If by any chance we saw a fault in the design, we simply did not understand it fully. He said in his book reasons for contentment, "now have the poor anything to complain of here? Are they not surrounded by their relatives as others?". Here he says that nobody is poor. Only those who become a part of something they do not belong to it.  The dark side of theology illustrates that scenario and experience.

Saturday, July 27, 2019

Analysis of leadership in a healthcare organization Term Paper

Analysis of leadership in a healthcare organization - Term Paper Example Should the organization focus on reducing medical errors or developing leaders first? Should they focus on financial sustainability or create a process of leadership development? In many instances, health organizations address issues which are most pressing before they deal with issues with long term impacts, such as in the case of leadership. Moreover, leaders are faced with complicated internal dynamics between administrations and clinicians, physicians and nurses, pharmacists and physicians (McAlearney, 2006), etc. which in turn, makes it difficult to implement new policies. In a research conducted by Ann McAlearney (2006), it was discovered that many health practitioners realize that the industry is lagging in the case of leadership development. ... There is a need for leaders who can represent the medical community and the patient population – leaders who can â€Å"respond to multiple stakeholders and meet performance goals across multiple dimensions of effectiveness† (McAlearney, 2006, p. 967). The question now is: what kind of leader can motivate people to work together towards a common goal? Literatures on management and leadership refer to transformational leadership based on idealized influence (charisma) may be an appropriate style. What is charismatic leadership? Bud Haney (2012) calls charismatic leaders, the beacons of positivity, â€Å"charismatic leaders impact others with the power of optimism†¦To get team members to go the extra mile and engage with their work† (p.18). Meredith Babcock-Roberson (2010) shares the same view, but adds: â€Å"a [charismatic leader] provides clarity when the situation is unclear, resolves shortcomings and motivates change by articulating a strategic visionâ₠¬ ¦[they] communicate high performance expectations, exhibit con?dence, take risks that oppose the status quo, and emphasize a collective identity†¦[they set] personal examples and [make] personal sacri?ces† (p. 314). A charismatic leader’s is able to bring people to work together by providing his subordinates a clear view of the group’s vision and the role of each individual in the achievement of such vision. Because the emphasis of charismatic leadership â€Å"is on people of vision who are creative, innovative, and capable of getting others to share their dreams while  playing down self-interest; and who are able to cooperate with others in reshaping the strategies and tactics of the

Friday, July 26, 2019

Distinguishing Management and Leadership Competencies Term Paper

Distinguishing Management and Leadership Competencies - Term Paper Example According to Meads (2006), health institutions in many parts of the world have introduced computerized self check-in systems for their outpatient customers whereby the patient reporting for check-up confirms and subsequently validates the correctness that the institution has on them. Meads (2006) further adds that self check-in can also be done manually in the developing countries incapable of introducing such computerized systems. In manual self check-in, the patient reporting for medical check-up writes down the required information such as name, sex, and age and them proceeds for check-up. The implementation of a self check-in system either computerized or manual requires specific management and leadership competencies. In laymans terms, competencies are skills and behaviors of an effective leader or manager. According to Laureate Education Inc (2012), "Leadership is all about creating change, and it involves establishing direction, aligning people toward that direction, and also establishing change through connecting with people" (p. 1). In regard to leadership competencies necessary for the implementation of a self check-in for appointments in outpatient setting, a leader ought to have the capacity or ability to ensure the creation of constructive relationships between all stakeholders (Zaleznik, 2004). Zaleznik (2004) also notes that he or she should also be able to offer support and collaborate with all stakeholders in the recognition of the problem, in this case long queues, and in creation of plans of action aimed at alleviating the problem, i.e. the implementat ion of self check-in systems for appointment of outpatients. To identify a problem, some of the skills necessary include listening skills, critical thinking, and persuasion skills. Implementation of change requires the leader to have specific competencies such as coordination skills,

Thursday, July 25, 2019

Critical Approaches Essay Example | Topics and Well Written Essays - 250 words

Critical Approaches - Essay Example Realism assumes the state to be the paramount player in the economy, and the state is assumed to be unchanging monolithic entity. The problem with this assumption is the non-consideration of agency and internal factors that have an impact on state behaviours. Since most of the realism theory deals with power and the state, a misguided assumption of the state and power relation is the worst failing of the theory. I believe the weakest approach is the feminist approach because it emphasizes on the relation between power and gender instated of emphasizing on the unequal dissemination of resources and power. The best insight of the feminist approach is that women have been oppressed systematically with men historically being dominant. Despite this being the main insight of the theory it lacks a direct relation between the iniquity of power and resource distribution by emphasizing on power and gender relations. The need to cater for unequal power and resource distribution under feminism was not dealt with until recently with the advent of contemporary

Forensic nursing Term Paper Example | Topics and Well Written Essays - 1500 words

Forensic nursing - Term Paper Example According to the American Academy of Forensic sciences (AAFS) forensic nursing is â€Å"the application of forensic aspects of health care combined with the bio/psycho/social/spiritual education of the registered nurse in the scientific investigation of trauma and or death† (Hammer and Pagliario, 2006). In the past, forensic medical interventions (including lifesaving interventions) were withheld until a Forensic medical examiner (FME) has arrived at the emergency department and had collected evidence (Pyrek, 2006 ). In fact, clients were even transferred to other cities that offered forensic clinical services; moreover, there was not much intervention that could be provided in order to protect forensic evidence ( Pyrek, 2006). When a Forensic Nurse Examiner (FNE) is available at the clinical site, they are able to secure the important forensic evidence requiring timely recovery and preservation without withholding medical interventions ( Pyrek. 2006). In 1991, the American Society of Forensic Nurses was the first to recognize and accept Forensic Nursing as a specialty (Bader and Gabriel, 2009 ). The following year , 72 primary sexual assault nurse examiners formed the International Association of Forensic Nurses (IAFN) (International Association of Forensic Nurses, 2006). The aim of the IAFN promoted the education of forensic nurses; thus, the Forensic Nursing Code of Ethics and the Scope and Standards of Nursing Practice was developed in 1997(Bader and Gabriel, 2009). Forensic Nursing is a specialty that is still in its infancy, thus it needs to continuously grow to provide an appropriate response in trauma cases, provide a more holistic care to their clients, and create advocacy for their patients in an unbiased , scientific, and objective manner. In the past many of these roles have been carried out by emergency nurses who may not be

Wednesday, July 24, 2019

The Bauhaus Research Paper Example | Topics and Well Written Essays - 2000 words

The Bauhaus - Research Paper Example Most of these were political in nature, and this is the difference between the German art of this period, and the one that was being advocated by Walter Gropius. Therefore, the principle of Bauhaus was not political, and this was able to appeal to a large group of people, which in turn led to the embrace of these principles of Bauhaus. Furthermore, the influence of Bauhaus is depicted on the works of William Morris. William Morris denoted that there is no need of creating a boundary between function and form, and art should always carter for the needs of the society. This was a major principle and teachings of art that was advocated by the Bauhaus. Another important achievement of Bauhaus is modernism. Modernism was a cultural movement tracing its origins from the late 1880s. For instance, before the set up of the institution, the principles of functionality, mass production, and the merger of arts, and crafts had began in Germany. These are some of the ideals of Bauhaus. In the year 1907, Deutscher Werkbund, a German national designer’s organization had been formed under the leadership of Herman Muthesius to harness and collect the potentials of mass production with the single aim of maintaining Germans economy in its competitiveness with the English economy. Over the first few years the organization came to be known as the authoritative body on design in within Germany and was emulated by many other countries . The Bauhaus was founded when most of the German designers had moved.

Tuesday, July 23, 2019

Case Note for RvR Essay Example | Topics and Well Written Essays - 1500 words

Case Note for RvR - Essay Example t could constitute â€Å"unlawful sexual intercourse†, as defined under Section 1(1) of the Sexual Offences Act of 1956 (4) The wife’s marital consent to intercourse had not been revoked, either by a Court order or by an agreement between the parties. As a result, the question that arose in these circumstances was whether, despite her refusal to consent, the wife could have been held to have consented by the fact of the marriage. 4. The trial judge’s directions to the Jury stated that there appeared to be ample grounds to indicate that consent to sexual intercourse had been withdrawn by an agreement between the parties. Firstly, the parties were not cohabiting. Secondly, the husband’s act in phoning his wife and telling her he intended to see about a divorce constituted implicit consent. On this basis, the prosecution could prove a charge of rape or attempted rape against the husband. 5. The first fact is not material to the disputed issue of rape. The second fact, i.e, defendant had mentioned his intent to seek a divorce, is a relevant and material fact, because it revokes by implied mutual agreement, the consent to sexual intercourse that is imposed by marriage and spelt out under Hale’s common law rule. Hence, it establishes that the husband’s act constituted rape. It also establishes that he is not eligible for immunity under Hale’s rule. The third fact is also material and relevant, because it establishes the second ground of bodily assault. 6. The marital exemption itself refers to the common law rule wherein upon marriage, an assumption is made that the wife consents to sexual intercourse with her husband. This presumption may however be rebutted by evidence that the wife did not in fact, consent. To enforce this rebuttal, some exceptions have been established, when a wife can say no, such as when her health is in danger or when the man’s actions constitute assault. These and other exceptions have been spelt out by case precedent

Monday, July 22, 2019

Speech and racism in colonial literature Essay Example for Free

Speech and racism in colonial literature Essay As Dennis Leary said, racism isn’t born, it is taught. Racism is a weapon able to denigrate and dehumanize people. â€Å"Racism has always been present in colonization especially soon after the Europeans colonized the New World, the idea of racial distinctions developed† (LaRocque). Still until today, the colonial attitude especially towards black people is due because of economic power. Many postcolonial novels show themes such as racism, abuse of power, violence and speech to show the perspective of both sides of the conflict; the black and the white. Literature is a gift because it allows people to shape their perspectives of the world. In the novels Things Fall Apart by Chinua Achebe and Heart of Darkness by Joseph Conrad readers are able to see the postcolonial literature perspective in similar stories from different sides. This essay will analyze speech in Heart of Darkness and Things Fall Apart in order to prove how Achebe’s novel exposes the racism found in Heart of Darkness. Stories are important because they shape a person’s mind by influencing their lives. Stories arise out of a person’s belief and therefore cannot be disproven (â€Å"Comparing†). These both novels through stories portray issues in different societies and its complexity. Things Fall Apart is an amazing novel that shows the life of the Igbo tribe in Nigeria, Africa. The novel surrounds the main character Okonkwo, a tragic hero who refuses to accept the fate of his dead father but rather self-preserves himself. Through Okonkwo many themes are portrayed dealing with violence, masculinity and the importance of religion for the Igbo tribe. Achebe’s novel shows in detail this society and thus the complexity of their way of living. Lgbo people are hardworking, religious, obedient and follow the calendar based on harvesting. This points the set of beliefs and systems that indigenous people of Africa have developed for their life’s (â€Å"Use†). Achebe also displays the role of men and women in society and how women are assign unimportant roles being men the power in the Igbo society. The importance of speech in the novel is prioritized as the author uses Igbo language thus creating a distinctive African story. It shows an image of Africa before colonialism changed it (â€Å"Use†). In the other hand, Josephs Conrad’s novella acts more as a criticism comparing the civilized and the uncivilized. This shows the power of the white Europeans on their colonization in Africa. As its title, it shows the darkest side of humans by brutality and racism. The novella starts in the Nellie at the Thames River when the captain Charlie Marlow starts to narrate his stories about how he entered to Africa and his experiences. Marlow has always have passion for maps, exploring and adventure that is what begins his journey to a new and mysterious world; Africa. Through his stories we see the complexity of the African jungle and how this place influences the characters. The only thing that inspires and drives Marlow is his desire to meet Kurtz, an admirable and respected agent. Through his experiences we can see the racism towards the black people and how European colonizers treated them. By the actions of many characters we perceive the ivory smuggling, the ambition of power and money and the evil hidden in the jungle. Therefore it shows darkness behind inhumanity and injustice to others. How this darkness is so powerful that can destroy others and the person itself (Conrad). In both novels we see the importance of speech. Speech acts as a symbol of racism and the distance of language. In Things Fall Apart speech is very important as Achebe uses lgbo words in the novel. â€Å"By incorporating Igbo words, rhythms, language and concepts into an English text about his culture, Achebe goes a long way to bridge a cultural divide† (â€Å"Language†). This shows the complexity of the African culture and the misunderstanding between cultures. In this case being the lgbo culture and the ones of the colonists. Therefore Achebe’s incorporation of Igbo words makes his novel even more realistic because it gives the Africans a voice. It also allows the reader to learn more about its culture by understanding the meaning of these words. We also see how organized and specific the dialect is relying on the rules to address to people. These words don’t make the reading harder but rather they make it more interesting basing on its context and how they are used. Also these words are crucial for the novel because if they are translated to English they might lose their concept. â€Å"To provide an authentic feel for lgbo culture would be impossible without also allowing proverbs to play a significant role in the novel† (â€Å"Language†). We can see how oral is important for the culture as there is plenty communication. In lgbo tribes messages are carried orally; stories, songs and tales told from families and basically the whole culture relies on oral tradition, never losing the uniqueness of their dialect. It also proves how this culture is much more complex than it seems as there are many different languages within the 9 villages. It shows how two cultures come together as the novel being written in English but never losing the lgbo words. This also represents how certain aspects of cultures are never going to be understood because they are too complex for each other. Achebe plays with words carefully and allows readers to feel part in the story as these words play an importance in the emotions of the reader. â€Å"Achebe’s introduction of new forms and language into a traditional (Western) narrative structure to communicate unique African experiences forever changed the definition of world literature† (â€Å"Language†). In contrast, in the novella Heart of Darkness speech is represented as silent. Silence marks the distance between the white colonizers and the African. Conrad is not giving speech to the Africans but rather marking the big space of the misunderstanding of cultures. â€Å"Here, the human is perceived to have no language, only a physical space and the surrounding nature support this with the muting darkness and unknowing silence along the riverbanks† (Lerch). This is a major issue because without speaking there is no understanding or knowledge. Language allows people to learn from each other, communication is fundamental. This boundary leads to know people only by their physical in the case of the natives, one of the major causes of stereotypes and racism. â€Å"Speech suddenly proved inadequate for Conrad’s purpose of letting the European glimpse the unspeakable carving in their hearts† (Achebe). This acts as a symbol of power and superiority from part of the colonizers that can speak and hold the control. Natives are not given voice, opinion or the right to express themselves. The crash of cultures brings conflicts to the both sides as any of them know each other’s language. There is a constant absent of noise and only the sound of darkness fills it up. Even though speech is silent in the natives, it plays an important and effective role in the story and characters in the novella. From the beginning the history is told from Marlow’s stories and experiences that he’s telling to the other members of the Nellie. â€Å"In western society, silence is something to be filled. â€Å"Language is a euphemism, a saving life for all the Europeans† (Lerch). Marlow’s communication forms part of the Chinese box technique that is the story inside another story. His expressions, detailed descriptions, images and emotions transport us to the past, to the heart of darkness. Speech according to characters is seen in various ways, from much too little speak. This represents the personal importance of speech for each character and how it varies depending on the personality and interest of the character. For example speech in Kurtz is represented as insanity because of the lack of understanding and isolating from society (â€Å"Heartâ€Å"). However it is positively as it is the link Kurtz has with the natives that is what brings him closer to them and therefore being recognized as the leader of the jungle. In addition, this two novels use speech as a crucial and important aspect but they represent different things. As Eric Parslow said, race is a lazy minds tool for identifying culture. In both novels racism is a theme that stands out. Racism is portrayed differently and is used to explain main issues found in both novels. Many critics talk about if in the novel Things Fall Apart there is racism or not. I personally think racism is not found in this novel but rather is misunderstood as Chinua Achebe is criticizing humanity and the inhuman actions done by colonizers to tribes of Africa. The Igbo culture in his novel is shown to the reader before colonization occurs. This helps the reader to have a better understanding on the effect of colonization and how it can tear cultures apart, by pieces. By the arrival of white colonizers in town we see how Achebe wants to point the Europeans desire of ambition, conquest, violence and racism towards the African cultures. Societies are torn apart and colonizers think they have the power to erase their culture foundation and implement theirs. â€Å"The westerners tool the foundations of the indigenous people’s society and ways of living and left them with nothing. They also began â€Å"reformation of the native’s minds, by assigning the mark of the negative to everything African and the positive to everything European† (â€Å"Things†). Achebe’s novel is in fact a write back to Conrad as the racism and cruelty he found on the novel. Achebe wants the reader to see the other perspective from the side of the natives. Therefore, he is showing things as they were and those descriptions and actions might be perceived as racist. There is a quote in the book that says: The white man is stupid, he is fit to be a slave† (Ward). This quote is racist however you can’t say the whole novel is racist because of one quote. In order for a novel to be racist, the whole book needs to reflect this. In contrast Conrad’s novella Heart of Darkness is still being much critiqued as Africa is portrayed as a primitive place where much racism and violence is held towards the natives (â€Å"Things†). This novel portrays the other side of the story, the perspective from Marlow, a white European. By this we can see how Africa is seen as a different world where the natives are uncivilized and lack intelligence. â€Å"We are accustomed to look upon the shackled form of a conquered monster, but there you could look at a thing monstrous and free† (Achebe). Conrad through the character Marlow uses words as black, monsters, uncivilized to refer to the natives. Although Conrad’s descriptions, imagery, metaphors and similes are very powerful and descriptive some are racist against the natives. The arrival of the Europeans show the power they have and how they believe they can claim for resources and the land that is not there’s. As said before, silence endures in the novella as natives have no speech symbolizing the misunderstanding of cultures. â€Å"The outcome is seen in western author’s postcolonial literature by deceptions of unknown groups of people as savages or primitive. When in reality the author has no understanding of the group of people being presented† (â€Å"Things†). As said before natives of Africa in Conrad’s novella are portrayed as uncivilized people, being this an irony. The colonizers are not civilized because of the horrible and racist actions they perform. Due to the complexity of the space they are surrounded they lose their morals. The jungle is a character due to its power to change people. This is also the reason why the colonizers changed and became the uncivilized ones because of their ambition for power. Therefore, Conrad’s novella can be considered as racist but it is very important to remember that the story is told from the other side. As Bob Dylan said â€Å"Dont criticize what you cant understand.† Both of these novels are important for literature in the world. Each one has different objectives and messages. Differences relies on the context and perspective they are being told. Things Fall Apart and Heart of Darkness deal with the big theme of colonization. What’s interesting about them is that we can see both sides of the story and by this form our criteria. I believe it is very important to see the two faces of an issue in order to understand it. However, I consider that you can fully understand something if you have lived it. A person will always have his opinion towards something but will never truly understand it. To criticize a book, that person must have been part of the story and the context that is being told. Therefore we can’t say Heart of Darkness or Things Fall Apart is racist if we have not experienced colonization in that context. Both authors are showing readers the perspective from which is being told, so that the reader can have both sides of the story and form their criteria about the complex theme of colonization on the tribes of Africa. Works Cited Achebe, Chinua. An Image of Africa: Racism in Conrads Heart of Darkness' Massachusetts Review. 18. 1977. Rpt. in Heart of Darkness, An Authoritative Text, background and Sources Criticism. 1961. 3rd ed. Ed. Robert Kimbrough, London: W. W Norton and Co., 1988, pp.251-261 Comparing Things Fall Apart and Heart of Darkness. 123HelpMe.com. 20 Oct 2012 http://www.123HelpMe.com/view.asp?id=11427. Conrad, Joseph. Heart of Darkness. The Norton Anthology: English Literature. General Ed. Stephen Greenblatt. 8th Ed. New York: Norton, 2006. 1891-1947. Heart of Darkness Theme of Language and Communication. Shmoop. N.p., n.d. Web. 21 Oct. 2012. http://www.shmoop.com/heart-of-darkness/language-communication-theme.html. LaRocque, Emma. Racism and Colonization. Aboriginal Perspectives. N.p., n.d. Web. 20 Oct. 2012. http://www3.nfb.ca/enclasse/doclens/visau/index.php?mode=theme.

Sunday, July 21, 2019

Pros And Cons Of Genetic Engineering Philosophy Essay

Pros And Cons Of Genetic Engineering Philosophy Essay Biotechnology has existed for many years, even since the prehistoric times and over the past few years it has benefited us immensely. With biotechnology we are able to create pest-resistant crops, developing new types of plant or animal species and therapeutic drugs for humans. This implies that biotechnology is when a organism is taken and manipulated or alternated. This has lead to the creation of genetic engineering. This is when the organisms genetic material is taken and genetically modified. In the project I will be covering the question What are the potential Human Health risks of Genetic Engineering This will entitle the risks from food that has been genetically modified and genetic reconstruction in the human body. Positives of genetic engineering The positives and negatives of genetic engineering will also be covered. To begin with the positives, many people have benefited from the use of genetic engineering. It has been used to treat and sometimes cure diseases. Genetic engineering is most commonly used when there is a genetic fault that could create a risk for the patient. If the genetic engineering cannot fix the problem is can help by alleviating the symptoms of genetic diseases or faults. Not only does it alleviate or cure the problem but it will also lengthen and enhance the life expectancy of that person, if it is done properly. If a patient has genetic engineering done to them such as alleviating symptoms of genetic diseases, they will have to go through gene therapy. Gene therapy is the attempt of transferring normal genes into only the tissue that is most affected by the genetic disease. But there is reason to assume that the difficulties experienced can be overcome in future research. If the genetic defects are found in the earlier stages of the embryo, it is possible that normal genes that are transferred can be present in all of the tissue. Food wise, genetically engineered food can help and affect us. The benefits of genetically engineered food are; that the food source can create a natural pesticide to get rid of insects rather than using chemical or unnatural methods of pesticides, so there is a lower risk of people contracting illnesses or diseases from the chemicals, the taste and colour of the food can be enhanced, it may have more nutritional value and may have a longer life expectancy. Negatives of genetic engineering The potential risk of misuse of genetic engineering is enough reason for closing many doors on genetic engineering as the benefits just arent worth the risk. There is always the harbouring risk of genetic technology potentially changing the human species forever. Lee Silver, a Princeton molecular biologist quoted in animals, it only works 50% of the time, even when successful, about 5% of the time, the new gene gets placed in the middle of an existing gene, creating a mutation. For scientist and potential clients hoping for genetic engineering of their offsprings, these odds are not acceptable. Scientists still believe that genetic engineering should only be used when it concerns curing genetic diseases. But even that should still be approached with caution. Other problems that can occur could be the mutation of human or plants as discussed earlier. When it comes to plants, they are easier to genetically engineer as there isnt a human life at risk, but this should also be approached with caution as the mutation of a plant if allowed to grow in the environment could alternate the eco-system and can become a big problem such as throwing off the balance of the food chain and biodiversity. How this could happen is that the mutated plant could become a pest to other plants or to animals in the eco-system and can alter life in that eco-system. Other issues that have been brought up in studies is the mutation of viruses and bacteria which if not handle with precautions can harm or affect the human race and earths biodiversity if it happens to accidently be released. So the biggest issues of genetic engineering would be the risk of harming a human subject by creating a mutation and destroying the environment due to experiments and accidently release of the genetically alternated organism. Ethics of Genetic Engineering Questions that most people ask are how far should our ability to interfere with life be allowed?, should we really tamper with what God has created? and is Genetic Engineering really worth the criticism and risks?. Many people have a big problem with genetic engineering and many scientist have stick to the rules and ethics of genetic engineering. But the co-discoverer of the DNA code and Noble prize receiver Dr. James D. Watson also disregarded the risks of genetic engineering which did lead to him plunging forward regardless of the consequences. What scientists must realise is that what they create not only will affect them but all of us and the environment. But we shouldnt rely on the high priests of science to decide what our ethical decisions and opinions are. As discussed earlier, genetic engineering should only be really used for curing or helping genetic diseases, but then there are the people that take genetic engineering to another level where they start to choose the eye colour, skin colour, sex, hair colour and height of their offsprings even before they are born. Most people in society and especially in the Christian area would find this unethical as these people are trying to alter what God has created and trying to play God. Other societies have brought up issues such as; Are we blurring the lines between species by creating transgenic combinations? What are the known health risks associated with altered organsims? What are the long-term effects on the environment when altered organisms are released in the field? What ethical, social, and legal controls or reviews should be placed on such research? Are we inflicting pain and suffering on creatures when we create certain types of chimeras? Will genetic interventions in humans create physical or behavioural traits that may or may not be readily distinguished from what is usually perceived to be human? If the blending of nonhuman animal and human DNA results, intentionally or not, in chimeric entities possessing degrees of intelligence or sentience never before seen in nonhuman animals, should these entities be given rights and special protections? What unintended personal, social, and cultural consequences could result? Will these interventions redefine what it means to be normal? Who will have access to these technologies, and how will scarce resources if needed, be allocated? People have argued the fact that cross breeding is crossing the borders of normal and crossing Gods laws. John H Evans wrote a book on genetic engineering and the Christian views on it Playing God. In this book he discusses the issues and what other people think of genetic engineering of humans and other living organisms An author Stephen Quayle also wrote a series of books concerning genetic engineering and the Christian views on them. Human Rights activist Scott Nothwehr has also helped fight against genetic engineering by creating posters in magazines that with the chosen colours make the viewer uncomfortable with it, and this it would affect the viewers views on genetic engineering. Conclusion and Opinion In the end genetic engineering has its positives and flaws, but if one thinks, is it really worth the consequences and effects to have genetic engineering done? Yes it has benefitted us immensely food and health wise, but shouldnt the line be drawn there? Personally I go against genetic engineering when it comes to altering your baby and animals. I believe that God should be and is the only that can create organisms in the image he wants rather the image we seek and approve of. I believe the only time it should be used is when curing or helping stabilize genetic diseases and serious illnesses. If God want to create a super-human or a cow that lays eggs then it would have been done. What people must realise is God has given them the knowledge to be able to alter life but it is their responsibility to be wise enough to use that knowledge to a certain extent that does not consist with trying to play God. So my personal view is that genetic engineering is good when used wisely but a negative in my eyes when it is used irresponsibly and for uncalled for reasons. Results of flaws in this technology cannot be recalled and fixed, but become the negative heritage to countless future generations

Benefits of ICT in Education and Classroom Management

Benefits of ICT in Education and Classroom Management ICT has so many advantages in the learning and teaching process. Classroom management is one of them that gained benefits from ICT. According to experienced teachers who use ICT in their classrooms that ICT may make the classroom controlling more effortless because ICT provides materials that make the class more interesting and easy to control (Cox and Webb, 2004). The existence of several sorts of ICT tools gives the class other support of learning especially in terms of visual and auditory learning. Thus the definition of classroom management Content management occurs when teachers manage space, materials, equipment, the movement of people, and lessons that are part of a curriculum or program of studies (Froyen Iverson, 1999, p. 128). This managing will lead to organizing students behavior. Jacob Kounin (1970) has vital studies about effective classroom management, which obtained to systematic results in classroom management techniques. Also, he found critical dimensions of effective class control containing the following issues: withitness: teachers know what each pupil is doing; they have eyes in the back of their heads so are able to pay attention to several things at the same time; Letting pupils know what behavior is expected of them at any given point in time; Smoothness: teachers are able to guide pupil behavior verbally or non- verbally without having to interrupt teaching; Maintaining group focus and interest. Leask and Pachler(2005:44) ICT is beneficial for teachers too, to discipline students deportments in the class. In withitness teachers never are busy with other things in the class while answering a question or other activities (Leask and Pachler, 2005). They should pay their attention to students behaviour even they observe them out of the corner of their eye, it will be good. In addition, students know what they are going to do next time. Finally, in smoothness teachers use efficient techniques that guide students in a way, which does not lead to a noisy atmosphere in the class, but without interrupting teaching process. ICT and Motivation: The British educational communications and technology agency (Becta, 2003) has a research about ICT and motivation, which reports that regular use of ICT across various curriculum subjects, may have a useful motivational impact on students learning (cited in Cox, 1997). It is clear that students stand more time in front of their tasks by using ICT like computer than other methods such as: classic method, which was manual, which is manual. ICT may solve discipline problems and decrease them. Moreover, students who used ICT for educational reasons in school feel more successful were more motivated to learn and have raised self-confidence and self-esteem (cited in Software and information industry association 2000). For example, while writing a paragraph by hand there is no grammar check to correct mistakes, but while ICT programs such as Microsoft Office word, which will detect most of the spelling and grammar mistakes. This process will encourage and motivate students certainly. Leask and Pachler, 2005 refer that the impaCT2 project evaluated the motivation of students through 15 case studies in their books. Researchers found that ICT not only encourages students to become more concentrated on the task. ICT also was seen by some teachers to improve both the competency and cognitive functioning (Cited in Comber et al., 2002, p. 9). Effective learning and teaching with ICT: In the late of 20th century and with the beginning of 21st century, ICT has played roles from simple to vital roles especially in developed countrys school. Learning and teaching process become more effective by using ICT. The use of ICT has developed in different ways to meet the needs of learners in different curricular areas. The use of ICT can: à ¢Ã¢â€š ¬Ã‚ ¢ help learners be creative; à ¢Ã¢â€š ¬Ã‚ ¢ be a useful aid to problem solving; à ¢Ã¢â€š ¬Ã‚ ¢ provide ready access to a world of knowledge and research; and à ¢Ã¢â€š ¬Ã‚ ¢ improve the quality of presentation. (2004, p. 7) ICT assisted students to be more creative in their learning process and it is a beneficial support for problem solving by using different ICT facilities such as: software programs, Internet, and printer. Today, learners have thousands of resources by using ICT in condition while sitting in their home not by searching for knowledge in libraries. Presentations became visual and auditory for students in addition to using software programs like power point. However, all these factors need effective teachers and managements or administrators to apply and achieve these effective benefits on students. The educational effectiveness of ICTs depends on how they are used and for what purpose. And like any other educational tool or mode of educational delivery, ICTs do not work for everyone, everywhere in the same way. (Tinio(2002), p. 19). The useful use of ICT in educational and pedagogical fields changes from person to person and from place to place. It bases on how they are practiced and for which reason. Undoubtedly, some educators use technology in particular computer and the Internet more efficiently than others. They know very well how they use it and when or where and for which occasion. Hence, teaching students the effective use of ICT especially in enhancing access and raising quality is another reason to promote students performance by using ICT and gaining more. The Barriers or Obstacles to the development and integration of ICT in education In the twentieth century schools encounter a number of difficulties including integration of information and communication technologies into the teaching and learning, education curriculum and change in methods in pursuit of developing learner lifelong learning skills (Sabaliauskas and Pukelis, p. 1). Undoubtedly, this is a complex process to change the system of learning and teaching from a traditional method to ICT method. Some people like (Schoepp, 2005) called difficulties as barriers. A barrier is defined as any condition that makes it difficult to make progress or to achieve an objective (Schoepp, 2005, p. 2). There are many barriers or difficulties that stand up in front of the development of ICT in education. Teacher-level barriers are lack of teacher confidence, competence and resistance to change negative attitudes. Also, there are school-level barriers, which are lack of time, lack of effective training, lack of accessibility, and lack of technical support (Bingimlas, 2009, p. 237- 241) Disadvantages of ICT Obviously, there are several kinds of drawbacks of ICT in the classroom or outside classroom. The costs of equipments are so expensive that prevent more schools to purchase. Sometimes, students engage with ICT tools for other purposes. Also, ICT is not safe usually for saving data and information because the potential errors may occur in the Windows program or other software programs and hacking by others. The following disadvantages give a list of objectives that staff and facilitators may be required to deal with should problems occur throughout using the ICT equipment. à ¢Ã¢â€š ¬Ã‚ ¢ Cost à ¢Ã¢â€š ¬Ã‚ ¢ Distractions à ¢Ã¢â€š ¬Ã‚ ¢ Reliability à ¢Ã¢â€š ¬Ã‚ ¢ Damage à ¢Ã¢â€š ¬Ã‚ ¢ Safety à ¢Ã¢â€š ¬Ã‚ ¢ Hacking (Anon, 2008, http://www.newman.ac.uk/Students_websites/~s.r.i.whitton/Advantages%20%20disadvantages.htm) Integrating ICT throughout the curriculum Jhurree (2005) states that the educational and pedagogical mend happen throughout the world to promote educational level. The integration of ICT in education system is one of them. The effective integration of ICT into classroom needs a systematic plan and scheme. Also, it depends on the policy makers how well understand the dynamics of integrating of ICT. Yet, ICT has been a complex issue because it will change the education completely. The difference that ICT will make in education is conditioned by what education wants to realize with ICT in the context of its needs and strategic ends. The educators must have developed the practice. It begins by good planning that provides the real state of the learners based on globally accepted curricular standards. The value of the ICT tools to make a difference is dependent on the educators identification of the instructional outcomes, methods and materials that ICT can bring efficiently and effectively deliver for the teachers and the learners (Macasio, J. (2008), http://aralaneteacher.ning.com/forum/topics/integrating-ict-in-teaching) Levine (1998) emphasises that the significance of planning, which is based on serious school needs then to be achievable and realistic. The scheme or policy should be practical to solve or change the school situation and to improve learning environments that will be effective. To attain objectives that have not been attained efficiently otherwise: expanding access, promoting equality, improving the internal efficiency of educational systems, enhancing the quality of education, and preparing new and old generations for a technology-driven market place (Haddad and Jurich, 2002, p. 47). The integrating ICT into education offers many useful factors such as: an evolved learning environment for learners by giving motivation that make them to work with instruction interestingly and efficiently. ICT has the capability for making instruction easier, more challenging and motivating for teachers. Nowadays, it is possible to contact with people throughout the world by using ICT especially comput er and the Internet. Teachers play a crucial professional role in ensuring that the integration of ICT into pedagogies is educationally sound. They evaluate the appropriateness and effectiveness of available technologies, deciding when and how to use them with their students.(MCEETYA (2005), p. 4). Teachers integrating ICT into their education need suitable learning activities and facilities to: motivate, engage, and personalize learning. Also, developing ICT literacy establishes communities of learning. ICT and assessment Previously, teachers were assessing their students in different methods such as: exam, quiz, writing essay, assignments, and oral exams, but all these methods were inside the class. Nowadays, information communication technology has changed the situation by using computer and the Internet but it is in the beginning of the loop. Students can send their assignment to their teacher by e-mail or exams and also (open-book; structured; timed). Participation in online discussions Publication of student work /presentations Experiential activities, such as role-play Debates Reviews Journals and reflection (Anon, http://learnline.cdu.edu.au/t4l/elearning/onlineassessment.html#options) These are all methods that give students an opportunity to access online and share their ideas and requirements? As can be seen, assessment opportunities making use of the web are still rather similar to non-computerized methods and often only use computer communication to submit or comment on students work in traditional ways. Where computer testing per se is used it often comprises short answers and multiple- choice questions Leask and Pachler(2005:136)

Saturday, July 20, 2019

Alexander Ghram Bell :: essays research papers

Alexander Graham Bell's invention of the telephone grew out of his research into ways to improve the telegraph. His soul purpose was to help the deaf hear again. Alexander Graham Bell was not trying to invent the telephone, he was just trying to help out people in need. Young Alexander Graham Bell, Aleck as his family knew him, took to reading and writing at a precociously young age. Bell family lore told of his insistence upon mailing a letter to a family friend well before he had grasped any understanding of the alphabet. As he matured, Aleck displayed what came to be known as a Bell family trademark--an expressive, flexible, and resonant speaking voice. Born in Edinburgh, Scotland, the inventor spent one year at a private school, two years at Edinburgh's Royal High School (from which he graduated at 14), and attended a few lectures at Edinburgh University and at University College in London, but he was largely family-trained and self-taught. He moved to the United States, settling in Boston, before beginning his career as an inventor. With each passing year, Alexander Graham Bell's intellectual horizons broadened. By the time he was 16, he was teaching music and elocution at a boy's boarding school. He and his brothers, Melville and Edward, traveled throughout Scotland impressing audiences with demonstrations of their father's Visible Speech techniques. Visible Speech was invented by their father but he didn’t have much luck with it. It is a technique were ever sound that comes out of a persons mouth can be represented with a visual character. In 1871, Bell began giving instruction in Visible Speech at the Boston School for Deaf Mutes. Attempting to teach deaf children to speak was considered revolutionary. Bell's work with his deaf students in Boston would prove to be a watershed event in his life. One of his pupils, Mabel Hubbard, was the daughter of a man--Gardiner Greene Hubbard-- who would go on to play a vital role in Bell's life and work. While Mabel herself would one day become his wife. Bell felt that a course had been set and he would go on to consider himself, above all else, a teacher of the deaf Bell had the good fortune to discover and inspire Thomas Watson, a young repair mechanic and model maker, who assisted him enthusiastically in devising an apparatus for transmitting sound by electricity. As the two collaborated on ways to refine Bell's "harmonic telegraph," Bell shared with Watson his vision of what would become the telephone.

Friday, July 19, 2019

The Pros and Cons of NAFTA Essay -- The North American Free Trade Ag

Introduction The North American Free Trade Agreement, commonly known as the NAFTA, is a trade agreement between the United States, Canada and Mexico launched to enable North America to become more competitive in the global marketplace (Amadeo, 2011). The NAFTA is regarded as â€Å"one of the most successful trade agreements in history† for its impact on increases in agricultural trade and investment among the three contracting nations (North American Free Trade Agreement, 2011). Supporters and opponents of the NAFTA have argued the effects of the agreement on participating nations since its inception; yet, close examination proves that NAFTA has had a relatively positive impact on the economies of the United States, Canada, and Mexico. Although the NAFTA is not without problems, the trade agreement has leveled the playing field for the three participating nations and increased cross-border trade, positively contributing to globalization. The success or failure of the NAFTA impacts level of employment, the economy, and the environment of the three contracting nations. With the implementation of trade agreements such as the NAFTA, the world has become more interconnected, and citizens must be aware of the affects such trade agreements have on their living standards and job security. Features of the NAFTA The NAFTA was implemented on January 1, 1994 to remove tariff trade barriers between the United States, Canada, and Mexico by providing duty-free trade in multiple classes of goods (Barufaldi, 2008). The NAFTA creates a free trade area where all barriers to trade between member countries are removed. Many of the tariffs affecting agricultural trade among the participating nations were eliminated at the inception of the agreeme... ...ttp://www.ustr.gov/sites/default/files/NAFTA-Myth-versus-Fact.pdf North American Free Trade Agreement (NAFTA). (n.d.). USDA Foreign Agricultural Service (FAS). Retrieved September 15, 2011, from http://www.fas.usda.gov/itp/policy/nafta/nafta.asp North American Free Trade Agreement (NAFTA). (n.d.). Public Citizen. Retrieved September 16, 2011, from http://www.citizen.org/Page.aspx?pid=531 Teslik, L. H. (2009, July 7). NAFTA's Economic Impact. Council on Foreign Relations. Retrieved September 13, 2011, from www.cfr.org/economics/naftas-economic-impact/p15790 USTR- North American Free Trade Agreement (NAFTA) | Office of the United States Trade Representative. (n.d.). (2011). Office of the United States Trade Representative. Retrieved September 16, 2011, from http://www.ustr.gov/trade-agreements/free-trade-agreements/north-american-free-trade-agreement-nafta

Thursday, July 18, 2019

Is Grendel Evil? Essay -- essays research papers

In a world of chaos, he who lives, lives by his own laws and values. Who is to say that the death of millions is any worse or better, for that matter, than injuring a cockroach. And in the case of an existing power in the form of God, who is presumed to be all which is good, presiding and ruling an organized universe, why then does evil exist? The prosaic response of â€Å"without evil, there is no good† no longer holds any validity in this argument as the admitted goal of good is to reach an existence without evil. So even if a God does exist, I think it is fair, at this point, to say that he is the embodiment of both good and evil. And if humoring those who would answer the previous question with the response that there can be no good without evil, then can we assume that evil is simply a subsection of a defined good? Or perhaps even a good thing? If it is essential, those who chose the side of evil are simply abiding by good values. In the case of a world ruled by Chaos, ev il is a non-existent word or value, rather. The system upon which a person’s actions are judged also disappears leaving nothing but an instinct for natural survival as basic and primary as the life within the forests which we tear down to build our houses. Ethics is a wide field of philosophical study to which the core of every question within falls to one side of a blurred line. On the right, is good; the value which is popularly believed to be the correct alignment for which a person should live their life according to. On the left, is evil; that which is the cause of most human misery, and prevents peace on earth. In John Gardner’s book Grendel, the retelling of the ages old story Beowulf, further blurs the line between good and evil. Circumstance and perhaps a confused view of reality allow the monster, Grendel, to conceivably defend his evil beliefs. In order to better understand evil, using Grendel as a guide, I intend to attempt to justify it. Grendel is born a neutral being, perhaps even good, but nevertheless, without hate. The transition which he undergoes to become evil is due to misunderstandings between himself and humans and also meeting with a dragon who is questionably evil. As a young â€Å"monster†, Grendel knew nothing other than the cave he lived in and his mother who could not speak any distinguishable language. He was a playful creature who seemed to be like a â€Å"bla... ...orals is an act of creation. A religious act. Murder and Mayhem are the life and soul revolution†¦   Ã‚  Ã‚  Ã‚  Ã‚  The essence of good in evil is contained within this speech given by Red Horse. That which should be, will come from revolution. The people will fight for what they consider is the truth and if certain morals or institutions stand in the way of that, they must be torn down. The reason for destruction is to actually create anew what is better for existence. This is what I believe the old man is trying to say. That sheer brutality, and that which is considered evil, is the only way to achieve change and therefore a newer, better way of life. It is a concept which sounds harsh and uncompromisingly hurtful to those who are on the opposing end, but it is actually similar to sociology's conflict theory. Without conflict, and therefore the resolution of conflict, there can be no change. Without change, life remains stagnant and in the same cycle of trading one man’s pain for another man’s happiness. Therefore, without evil as a means to achieving good, the world would remain a constant struggle without advancements of living and without advancements of life.

Jagged Automobile Company

We will venture into auto mobile industry. The company will be called jagged auto mobile company. Auto mobiles industry is one of the oldest industries in US. It dates back to 1899 after it was adopted from Europe. We will try to not only follow the foot steps of Ford Auto mobile that is currently the leading auto mobile company but we will also Endeavour to out do them. Jagged Automobile Company will be located in Washington DC.The reason why our plant is located in Washington is the: availability of cheap Labour, availability of land, availability of raw materials, availability of customers and given that Washington is also located in a good. We are planning to launch our company on 12th December 1918. Amongst the guest we have invited are Sir Ford and our President. Jagged Auto mobile company will be adopting an organization structure that will be based on function. At the top we will have the General Manager, sales and marketing manager, financial controller, Customer service man ager, Technical manager, Human resource manager.The general manager will be the overall manager of the company, technical; manager will head all the engineers who will be responsible for designing new products and carrying out after sales services. Sales and marketing manager will lead the sales team and he will be responsible for marketing the jagged auto mobiles products. The financial controller will be responsible for the companies’ finances. The human resources manager will be responsible for all matters affecting employees and for will employees affairs.The diagram below is a schematic representation of the organization structure of Jagged Auto mobile company. The company will have one plant at the beginning, with several outlets all the country for their products. It will also involve the services of motor bazaars. Amongst the strategic points that we have noticed are Chicago, Texas, Florida, Washington DC and Ohio. We are also planning to link up with some other peopl e from other countries like Mexico and Canada who are still importing vehicles from UK.We believe that our products will do better in North America. We will need the following resources in our plants, welding guns, welding midges, tires, plates, engine oil, brake fluid, steering oil, petrol, leather, cushion, wire, insurance, card board, jigs and fixtures. (Ford 2008) We are going to offer tenders to companies which manufacture tires. But we are planning to have tires from Firestone Company in Britain because they are the main suppliers of Ford automobile company. For the steel we will be getting it from US.Steel Corporation Company given that it’s a local company with a vast experience in steel production. The steel will be used for making the body of the car. The wire we will get from US cable manufacturers who are the oldest manufacturers of wire. The wire will be used for wiring the vehicle. We will get all our oils from Total, this French company which started in 1902. W e are going for their oil because Total lubricants are widely used in UK by auto mobile companies and in US companies like Ford Auto Mobile. (Ford 2008) The capital required will be around five million US dollars.But with sometime we are planning to take our company to the stock exchange market. This will enable us to get more capital. I happen to have inherited over ten million US dollars from father who happens to be the owner of Sainsbury food industry. Sells and marketing department will be responsible for delivering the goods to the customers. Some vehicles will be shipped to the buyers. We are also likely to start a supply chain chains all over America. The vehicles will be manufactured and then taken to the suppliers where the customers will get their products.The buyers will also be allowed to buy vehicles directly from our plants. We will be offering after sales services. We are going to offer after sales services for one year to our entire customer. The sales engineers wil l be responsible for this. They will also propose new design to the design engineers. We will be targeting people from the whole country. Particularly the middle class who according to survey we have done are the majority in the population. Our Engineers will come up with vehicles with different features.The better feature a vehicle will have the higher will its price be. The sales and marketing department will be responsible for this. They are going to place advertisement in the media. We will also put up advisements on bill boards. Our vehicle will also have our logo on the bonnet. We are also going to give discounts to our customer. The legal consideration that we will have to adhere to is the environmental policy, the workers laws and the company legislation. Reference: â€Å"Ford Motor Company† retrieved from ford automobile company. com on 1st December 2008

Wednesday, July 17, 2019

Disney Research Paper

Taylor Adams Prof. C Comp. 1 7 November 2008 Disney holyly in wholly our dreams behind bed reliable, if we father the heroism to pursue them (Disney). This famous repeat was fox by a marvellous moodlist that has bridged the idea for cardinal of the close flourishing companies in the world. Walt Disney, content greenss, movies, ruminates, and umpteen an(prenominal) early(a) attri hardlyes brace up this extensive participation. Walter Elias Disney was born(p)(p)(p) on December 5, 1901 in lolly Illinois and died on December 15, 1966 in Los Angeles California. Walts father, Elias Disney, was an Irish-Canadian and his m some otherwise, Flora C tout ensemble Disney, was German-Ameri cigarette.Disney was born into a family of quintette where he was mavin of the quad boys and one girl. While Walt was be brought up on a kick upstairs he wise(p) his interest in drawing. aft(prenominal) this disco precise he contributed to his t to each one composition i n Chicago with his artsy talents and during the wickedness he attended the Academy of handsome Arts. During 1918 Disney enlisted in the military but was eliminate so accordingly joined the fierce bollocks up as an ambulance driver but neer gave up his interest in drawing. When he returned to Kansas City he started his c atomic number 18er as an advertising cartoonist where his business grew piddling by little.On July 13, 1925 Walt married Lillian Bounds who was one of his employees. later their marriage they had devil little girls, Diane and Sharron. both(prenominal) of their daughters hus annuluss where greatly come to with the Disney community, retention the positions of chief executive officer and a board of director. In 1928, Walt brought to behavior the well-nigh important geek of the comp either Disney, rice paddy Mouse. After paddy field was born opportunities stone-broke prohibited for everything. Walt Disney left the inlet yield for billions of ideas that in turn making billions of families intelligent daylight in and day out around the globe.The most socialise idea of the Disney troupe for plenty of altogether ages to adopt a good clipping is at its bag places. The inaugural position that was capable in 1965 in Orlando Florida was called EPCOT, standing(a) for data- base Prototype Community Of Tomorrow. This theme super acid is primarily establish on all the contrasting countries uniting together. When first pass into EPCOT a leaf node testament suck in the favorite attraction, a grand purity globe that breedings like a golf game ball, which inside is a driving that shows how our state of matter brook evolved. Around the lake in the a butttha guests can visit different buildings which look like a guest is rattling in the country.The countries embroil Ger some, China, Japan, America, Nor mood, France, Ireland, England, and Mexico. other(a) peculiar gulls that EPCOT holds be Mission Space, strain Track, determination Nemo, and several to a greater extent. A nonher one of the six-spot theme position in Orlando is fancy commonwealth which opened, October 1, 1971. This third estate holds the famous, Cinderella rook where Mickey and his confederates put on shows periodic and mess around Bell, another famous character go from the top to the ground small-arm a spectacular fire lay d accepts show goes off. Attractions include Pirates of the Caribbean, reversal whitened, Thunder devolve onain, Space Mountain, and multitude of other forms of entertainment.Hollywood Studios opened May 1, 1989. This hit found theme park is any future(a) directors dream palace or anyone else who wants to present a good age galore(postnominal) attractions in this park atomic number 18 based on how Disney movies and shows are created. Guests can drum up behind the scenes to see how these sorcerous films come to life. The two biggest hit irritates at Hollywood studios are Tower o f Terror, which puts you in an face lift that get hold ofs you up several stories and emptys you legion(predicate) clock in the dark and Rockin axial rotation Coaster, which is based on the hit hoop Aerosmith.While doing loops and drops at high speeds on the coaster thither are built in speakers that sour the bands music the entire journey. The conclusion theme park that is not a water park is animal(prenominal) Kingdom, which was ceremonious on April 22, 1998. This favorite park is feature with different continents and based on animals. The zoo-like park has numerous different gelt where you can see exotic animals. The new-fashioned and biggest rally in Animal Kingdom is Mount Everest. Guests climb a spacious heap while being tag by a yeti then spill backwards down it. opposite enjoyable rides are the Kilimanjaro Safari and Dinosaur.Then Orlando consists of two tickle pink water parks, skin rash land and Typhoon Lagoon. Blizzard Beach is based on a snowed in ski recreate that has some(prenominal) water rides and a inactive river. The highest ride is Summit Plummet which is a consistency slide that guest drop straight down on. Typhoon Lagoon alike has dozens of attractions but the wave jackpot is by far the biggest and soakedest around. There is withal Disney parks in Tokyo, France and Los Angeles California. Youve got a friend in me(Toy Story) The next contribution to the Disney caller-up is its movies. Children all around the world evolve up to Walts creations and themes.In 1929, December 1, play false White and the Seven Dwarfs was appeared in a star sign in Los Angeles. People could not formulate the fact that there was sack to be a full fill that was lively and therefore had bad thoughts. amazingly it was a success. People were begging for much films. Hundreds of more films were make by the Disney caller-out and until now are going strong today. approximately examples are The Lion King, dishful and the Beast , The hobo camp Book, and Cinderella. All of these movies tell shrill stories to children with a moral in each. Disney movies can bring families together and keep children diverted if needed.Either way of use, Disney movies are a huge vocalization of the Disney Company. Disney movies are also tied(p) into the theme parks. The rides are based on precise parts of special movies. I would sooner entertain and entrust that people learned something than educate people and hope they were entertained(Disney). Id say its been my biggest problem all my life its money. It takes a lot of money to make these dreams come true (Disney). How could this made company run without it is workers? It simply could not. The workers of this company make the wizardly come true for Disney guests.Opportunities for Disney rent outs are sought after by many people. Various jobs are offered end-to-end the parks, hotels and shops that include but not special to janitorial duties, swap sales, guest serv ices, recreational workers, ride operators, bellman and valets. All employees are evaluate to smile and follow a particularised rig code. Each specific job requires a certain outfit. Training for each job can be as myopic as a calendar week and as long as a month depending on the field and difficulty. Disney is an peer fortune employer and offer many benefits to its employees that many other businesses do not offer.Disney is very centre on the sentry go of its guests. every(prenominal) Disney employee mustiness go through a safety orientation that lasts approximately 8 hours. Disney is opened three hundred and 60 five days a year, so employees catch the chance to make their own schedules and work as many hours as they need. If it was not for Walt Disney, millions of people would not save the amusement of experiencing the magic. People open the opportunity of visit the parks world-wide. Children and families return enjoyed the many Disney movies that have been mad e throughout the eld whether they have visited the parks or not.The magic is made possible by the many utilize employees that care and follow Walt Disneys standards. Everyone should have the chance of visiting a Disney park at least one time in their lifetime. Works Cited Disney, Walt. Encyclop? dia Britannica. 2008. Encyclop? dia Britannica Online. 7 Nov. 2008 . Walt Disney. Biography. 7 Nov 2008 . Walt, Disney. smart as a whip Quotes. 28 September 2008. 7 November 2008. .Disney look for PaperTaylor Adams Prof. C Comp. 1 7 November 2008 Disney All our dreams can come true, if we have the courage to pursue them (Disney). This famous quote was made by a enormous dreamer that has bridged the idea for one of the most successful companies in the world. Walt Disney, theme parks, movies, jobs, and many other attributes make up this gigantic company. Walter Elias Disney was born on December 5, 1901 in Chicago Illinois and died on December 15, 1966 in Los Angeles California. Walts fa ther, Elias Disney, was an Irish-Canadian and his mother, Flora Call Disney, was German-American.Disney was born into a family of five where he was one of the four boys and one girl. While Walt was being brought up on a farm he learned his interest in drawing. After this discovery he contributed to his school paper in Chicago with his artsy talents and during the night he attended the Academy of Fine Arts. During 1918 Disney enlisted in the military but was reject so then joined the Red Cross as an ambulance driver but never gave up his interest in drawing. When he returned to Kansas City he started his public life as an advertising cartoonist where his business grew little by little.On July 13, 1925 Walt married Lillian Bounds who was one of his employees. After their marriage they had two daughters, Diane and Sharron. Both of their daughters husbands where greatly involved with the Disney company, holding the positions of chief executive officer and a board of director. In 1928, Walt brought to life the most important character of the company Disney, Mickey Mouse. After Mickey was born opportunities broke out for everything. Walt Disney left the door open for billions of ideas that in turn making billions of families happy day in and day out around the globe.The most entertaining idea of the Disney company for people of all ages to have a good time is at its theme parks. The first park that was opened in 1965 in Orlando Florida was called EPCOT, standing for Experimental Prototype Community Of Tomorrow. This theme park is primarily based on all the different countries uniting together. When first walking into EPCOT a guest will see the favorite attraction, a huge white globe that looks like a golf ball, which inside is a ride that shows how our country have evolved. Around the lake in the back guests can visit different buildings which look like a guest is actually in the country.The countries include Germany, China, Japan, America, Norway, France, Ireland, England, and Mexico. Other amusing rides that EPCOT holds are Mission Space, Test Track, Finding Nemo, and several more. Another one of the six theme parks in Orlando is Magic Kingdom which opened, October 1, 1971. This park includes the famous, Cinderella Castle where Mickey and his friends put on shows hourly and Tinker Bell, another famous character flies from the top to the ground while a spectacular fireworks show goes off. Attractions include Pirates of the Caribbean, Snow White, Thunder Mountain, Space Mountain, and plenty of other forms of entertainment.Hollywood Studios opened May 1, 1989. This film based theme park is any future directors dream palace or anyone else who wants to have a good time Many attractions in this park are based on how Disney movies and shows are created. Guests can ride behind the scenes to see how these magical films come to life. The two biggest hit rides at Hollywood studios are Tower of Terror, which puts you in an elevator that brings you up s everal stories and drops you numerous times in the dark and Rockin Roller Coaster, which is based on the hit band Aerosmith.While doing loops and drops at high speeds on the coaster there are built in speakers that play the bands music the entire journey. The last theme park that is not a water park is Animal Kingdom, which was established on April 22, 1998. This favorite park is combined with different continents and based on animals. The zoo-like park has many different stops where you can see exotic animals. The new and biggest ride in Animal Kingdom is Mount Everest. Guests climb a huge hill while being chased by a yeti then fall backwards down it. Other enjoyable rides are the Kilimanjaro Safari and Dinosaur.Then Orlando consists of two exhilarating water parks, Blizzard Beach and Typhoon Lagoon. Blizzard Beach is based on a snowed in ski resort that has many water rides and a lazy river. The highest ride is Summit Plummet which is a body slide that guest drop directly down on. Typhoon Lagoon also has tons of attractions but the wave pool is by far the biggest and strongest around. There is also Disney parks in Tokyo, France and Los Angeles California. Youve got a friend in me(Toy Story) The next contribution to the Disney company is its movies. Children all around the world grow up to Walts creations and themes.In 1929, December 1, Snow White and the Seven Dwarfs was appeared in a theater in Los Angeles. People could not fabricate the fact that there was going to be a full fill that was animated and therefore had bad thoughts. Surprisingly it was a success. People were begging for more films. Hundreds of more films were made by the Disney company and still are going strong today. Some examples are The Lion King, Beauty and the Beast, The Jungle Book, and Cinderella. All of these movies tell colorful stories to children with a moral in each. Disney movies can bring families together and keep children entertained if needed.Either way of use, Disney movies are a huge part of the Disney Company. Disney movies are also tied into the theme parks. The rides are based on specific parts of special movies. I would rather entertain and hope that people learned something than educate people and hope they were entertained(Disney). Id say its been my biggest problem all my life its money. It takes a lot of money to make these dreams come true (Disney). How could this successful company run without it is workers? It simply could not. The workers of this company make the magic come true for Disney guests.Opportunities for Disney jobs are sought after by many people. Various jobs are offered throughout the parks, hotels and shops that include but not limited to janitorial duties, merchandise sales, guest services, recreational workers, ride operators, bellman and valets. All employees are expected to smile and follow a specific dress code. Each specific job requires a certain outfit. Training for each job can be as short as a week and as long as a month depending on the field and difficulty. Disney is an equal opportunity employer and offer many benefits to its employees that many other businesses do not offer.Disney is very focused on the safety of its guests. Every Disney employee must go through a safety orientation that lasts approximately eight hours. Disney is opened three hundred and sixty five days a year, so employees have the opportunity to make their own schedules and work as many hours as they need. If it was not for Walt Disney, millions of people would not have the pleasure of experiencing the magic. People have the opportunity of visiting the parks world-wide. Children and families have enjoyed the many Disney movies that have been made throughout the years whether they have visited the parks or not.The magic is made possible by the many dedicated employees that care and follow Walt Disneys standards. Everyone should have the chance of visiting a Disney park at least once in their lifetime. Works Cited Disney, Walt. Encyclop? dia Britannica. 2008. Encyclop? dia Britannica Online. 7 Nov. 2008 . Walt Disney. Biography. 7 Nov 2008 . Walt, Disney. Brainy Quotes. 28 September 2008. 7 November 2008. .

Tuesday, July 16, 2019

Law of Tort

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.