The Cathedral Essays (1176 words) - Platonism, Cathedral, Analogy

The Cathedral Plato's ?Myth of the Cave? what's more, Carver's Cathedral give knowledge into equal words. The heroes in every story are caught in a universe of numbness on the grounds that each is agreeable in obscurity, and dreadful of what information a light may bring. They are hesitant to wander into a new area. Luckily the storyteller in the Cathedral is constrained by conditions to face a challenge. This hazard drives him into new universe of knowledge and comprehension. The storyteller in ?The Cathedral? starts the story with the issue of delay in observing the light. The light in this story simply like the light in Plato's ?Myth of the Cave? speaks to the real world. The storyteller communicates the dread of communicating reality when he said ? I wasn't excited about his visit. He was nobody I knew. Furthermore, his being visually impaired disturbed me. My concept of visual impairment originated from the motion pictures. In the motion pictures, the visually impaired moved gradually and never snickered. Now and again they were driven by observing eye-hounds. A visually impaired man in my home was not something I anticipate?. (Page 98). The storyteller felt that being visually impaired resembled being in a kind of jail and the assumption of self-detainment was terrifying to him. He felt that visual deficiency was actually similar to being a detainee in Plato's Cave, a terrifying reality where no light at any point entered. Tragically, the spouse is d etained in his own numbness. His perspective on visual deficiency had originated from Hollywood's depiction of visually impaired individuals. Most definitely, his circumstance is totally ordinary. He knows there are loads of individuals simply like him. In ?The Cathedral? the degree of the spouse's numbness or naivet? is very aggravating. At the point when his significant other reveals to him the excellent story of the visually impaired man's sentimental relationship with his better half Beulah, everything he could consider is ? What an abandoned life this lady more likely than not drove. Envision a lady who would never consider herself to be she was found according to her adored one. A lady who could on for a long time and never observe the littlest commendation from her adored. A lady whose spouse would never peruse the appearance all over, be it hopelessness or something better?. (Page 100). However, the visually impaired man had sight as instinct. This sight gave him more prominent vision than the located man. The visually impaired man had a feeling of and wellspring of reality in reality and quality of the relationship. This man was not normal for the detainees in the cavern. The people in the cavern had no such reality. No adoration warmth or human contact. The detainees in the cavern had no information on those things. The fire and the shadow gave the main reality to them. This was their wellspring of information and their wellspring of contact with the world. For these individuals their ?cavern life? what's more, their obliviousness made a world more awful than the visually impaired man's. Obscure to the detainees in the cavern a raised interstate crosses through the cavern. The detainees don't have the foggiest idea where this street will lead them. In Carver's ?Cathedral?, the storyteller didn't understand that the visually impaired man was in his ?interstate? out of numbness. He didn't understand that the basic demonstration of his better half welcoming the visually impaired visitor would prompt major new revelations about himself and his obliviousness. The storyteller's significant other has been presented to information, which is the thing that Robert speaks to in this story, for a long time. She was increasingly mindful of the world as a result of her relationship with Robert. This introduction was instrumental in giving her better half a learning opportunity. Her better half was allowed the chance to see the light. This was domain into which he would have never wandered all alone. His feelings of dread from his own cavern forestalled such hazardous conduct. This was open door for him to learn, develop, and create in a heap of ways. He would pick up in his relationship with his significant other. He would increase new experiences about himself, and above all else he would pick up information that would haul him out of his own cavern. The storyteller saw the visually impaired man ?drink? what's more, ?smoke cigarette down to the nubbin?. He saw the visually impaired man ?appreciate dope and bourbon'.

The Top Tips For Finding Good College Essay Topics To Write About

The Top Tips For Finding Good College Essay Topics To Write AboutIt is very easy to find college essay topics to write about when you are looking for a great topic. You will have to research to find a lot of topics that are available. It may seem like there are a lot of topics, but most people choose a theme or niche. Once you have determined what your focus is, you can then go out and find a list of good essay topics to write about.College essay topics are quite a bit different than college coursework or any other type of class assignment. They are very important because they will determine if your class is graded positively or negatively. Essay topics are very important to help you structure your work properly. There are many different types of essays that you can write about, but you will find that you need to choose a topic that is going to be relevant to the class and to the college or university that you are attending.One of the things that you want to do is to look at how your professor grades you on your assignments and how your classmates rate you on your essays. Those two things are going to be a great indication of how important a topic is and whether or not you should try to write about it. When you find a list of good college essay topics to write about, you should be able to go out and research on that topic. There are many different things that you can look at and this will help you decide which topic is going to work well for you.When you start looking for a list of good college essay topics to write about, you should first start with some of the different topics that are on offer. As you look at them, you should try to remember what they were in relation to your class and the college that you are attending. You should also consider how other people rated them on an essay test that was given by your professor. This is going to help you realize which ones are going to be best for you.One of the best places to get a list of good college essay topi cs to write about is from your professor. Ask him/her if he/she is willing to give you a sample assignment. Then you will want to write an essay that you are going to be graded on and include all of the information that you can remember.There are also some websites that you can use to get a list of good college essay topics to write about. Some of these websites will give you the opportunity to research on a topic and even learn a little bit about the topic before writing an essay. In fact, you can get tips on essay writing when you register for a site like this. You will find that many students use these sites as a way to learn the different topics to write about.When you are looking for a list of good college essay topics to write about, you should always consider the topic as if you were writing an essay. Even though this is going to be your first essay assignment, you should do some research on the topic so that you know what is needed. You should also take the time to put in as much effort as possible in order to make your essay as good as possible.It is very easy to find a list of good college essay topics to write about. You just need to do some research on a topic. In addition, you should be able to put in the required amount of effort that you need to make sure that your essay is good. You will be able to see that it is easier than you thought when you are looking for a good topic to write about.

The Role Of Fate In Oedipus The free essay sample

Ruler Essay, Research Paper Audrey Fish The Role of Fate in # 8220 ; Oedipus the King # 8221 ; Is Oedipus a survivor of the Gods, their guesses, and destiny, or his ain lethal deformities? I am under the inclination that Sophocles composed the show to underline the inutility of looking to maintain a strategic distance from one # 8217 ; s fate. He infers that we have to go to the Gods since we can non see the entire picture. Or on the other hand rather, we are non ready to see reality. He intimates all through the dramatization that individuals should turn their trust back to otherworldly fundamentalism. I read this on the Internet. I trust it is said so fittingly: In the Middle Ages, catastrophe was related with the destruction of high individuals through the unavoidable turning of Fortune # 8217 ; s wheel ; their harvest time embodies the inconsistency of Fortune and the absurdity of puting trust in common merchandise rather than God # 8217 ; s will. hypertext move convention:/www. We will compose a custom exposition test on The Role Of Fate In Oedipus The or then again any comparable subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page maclab.uvic.ca/writersguide/Pages/LTTragedy.html The Gods are punishing Oedipus ; it appears, on the grounds that he attempts to escape his fate. Oedipus is most unequivocally more coordinated towards fate than everything else. All things considered, the anticipations of the prophet came valid and the predetermination of Oedipus was plot even before he was conceived. The Greeks had faith in predetermination and running off from fate is a huge no-no. The townsfolk ( tune ) expressed: Fate steer me ever, Destiny discover me loaded up with dread unadulterated in word and title. Extraordinary Torahs tower above us, raised on high conceived for the heavenly vault of Eden. The incomparable Torahs mean an incredible link of offer, maybe. Oedipus has disturbed that extraordinary connection of offer by his outright exertion to withstand his predetermination. Oedipus tungsten as to a greater extent a casualty of predetermination rather so a participator. After the flood tide in which Oedipus educated of his workss, he shouted that he was â€Å"dammed from birth† . This is other than clear when he says: Wasn # 8217 ; t I conceived for torment? Else I # 8217 ; m destined to coordinate with my female parent and chop my dad down Wouldn # 8217 ; t a grown-up male of judgment state and wouldn # 8217 ; t he be correct some brute force has brought this downward on my caput? Here Oedipus is blaming the Gods for his terrible fates. Up until now, he accepts that there is no unrestrained choice and that the Gods control life # 8217 ; s results. At that point Jocasta persuades that there is no importance to these anticipations: What should a grown-up male dread? It # 8217 ; s all chance, open door guidelines our lives. Not a grown-up male on Earth can see a twenty-four hours in front, mishandling through he dull. Better to populate aimlessly, best we can Take such things for shadows, nil by any means Live, Oedipus, as though there # 8217 ; s no tomorrow! Jocasta does non accept the guesses from the outset in light of the fact that the predetermination of her hubby purportedly neer worked out as expected. She is trying to change over Oedipus that, # 8220 ; No achievement known to man, nil human can puncture what's to come. # 8221 ; He does non trust her. Oedipus: # 8220 ; I check myself the kid of Chance the Moons have stamped me out. # 8221 ; So it appears that Oedipus had no pick in his fate. He was a pawn for the Gods to dawdle with. I believe that the every compelling God knew from the beginning exactly what was making a trip to go on and how. At that point they let the correct individuals see at the correct clasp to try to demonstrate Oedipus. Similarly as the commended line said by Puck, # 8220 ; What tricks these people be. # 8221 ; This is other than what I might suspect Sophocles is trying to demo us in this dramatization ; people are saps and can non be trusted without a type of authentic way.

Subtle Radicalism in Arnolds Poetry - Literature Essay Samples

Matthew Arnold was born in 1822 in Laleham-on-Thames in Middlesex County, England. Due to some temporary childhood leg braces, (Machann, 1) and a competitiveness within the large family of nine (Culler xxi) young Matthew earned the nickname Crabby. His disposition was described as active, but since his athletic pursuits were somewhat hindered by this correction of a bent leg (Machann 1), intellectual pursuits became more accessible to him. This may have led him to a literary career, but both his parents were literary (his mother wrote occasional verse and kept a journal, Machann 1) and scholarly, also, and this may have been what helped to accomplish the same aim. His father, Thomas Arnold, was a celebrated educator and headmaster of Rugby School, to which Matthew matriculated. He later attended Oxford, and, after a personal secretary-ship to Lord Lansdowne (Machann, 19) he was appointed Inspector of Schools. He spent most of his adult life traveling around England and sometim es the continent observing and reporting on the state of public schools, and his prose on education and social issues continues to be examined today (Machann xi). He also held the Chair of Poetry at Oxford for ten years, and wrote extensive literary criticism (Culler, xxii).Arnold is probably best known today for this passage of his honeymoon-written (Machann, 31) Dover Beach, the only poem of Arnolds which may be called very famous. This is the last stanza of the poem.Ah, love, let us be trueTo one another! For the world, which seemsTo lie before us like a land of dreams,So various, so beautiful, so new,Hath really neither joy, nor love, nor light,Nor certitude, nor peace, nor help for pain;And we are here a on a darkling plainSwept with confused alarms of struggle and flight,Where ignorant armies clash by night. (Strand and Boland, 185-186)This poem, a love poem doubtless, in the end directs us to a love beyond all earthly love, and a rejection of the world as a place of illusio ns. Religion was the central idea of Arnolds life, but he thought that poetry was an excellent, and, in fact, vital part of the new society, which he thought absolutely necessary to understanding the spiritual component of life. He wrote in his The Study of Poetry, But for poetry the idea is everything; the rest is a world of illusion, of divine illusion. Poetry attaches its emotion to the idea; the idea is the fact. The strongest part of our religion to-day is its unconscious poetry. (463), and We should conceive of [poetry] as capable of higher uses, and called to higher destinies, than those which in general men have assigned to it hitherto. More and more mankind will discover that we have to turn to poetry to interpret life for us, to console us, and to sustain us. (464).So this poet, who was actually not primarily a professional poet for a large part of his life, but instead accomplished all of his great poetic feats during his time off from his employment inspecting schoo ls (Britannica article), argued that poetry was of paramount importance to everyone, and necessary for spiritual health. What kind of poetry would a man like this write? He naturally excelled at lyric and elegy (Schmidt 486,) but he really thought the truly impersonal epics the classic virtues of unity, impersonality, universality, and architectonic power and upon the value of the classical masterpieces (Britannica article) were the highest form and the best model of poetry. He wrote some long dramatic and narrative poems, such as Empedocles on Etna Sohrab and Rustum, and Tristram and Iseult, with classical and legendary themes. He had a classical education at Rugby and Oxford, but distanced himself from the classics (though he thought of them as being the bastion of sanity (Schmidt 486,) but he was also the first Poetry chair at Oxford to deliver his lectures in English instead of Latin (Culler, xxii)). He gave a lecture On Translating Homer, but in it refused to translate it himself, and instead provided criticism on the latest two translations. He was very religious, but also was critical of the established religions of his Victorian time, and wrote most of what now passes with us for religion and philosophy will be replaced by poetry (Harmon, 464,) which must have been a somewhat shocking claim in his time coming from a man employed in more than one capacity to mold young minds. He was a product of his time, but had deep personal reservations about the state of his world. His poetry has been criticized, even his greatest poems, as being an allegory of the state of his own mind. (Culler, xvii). His talents appear to have lain in the personal poems the lyric and the elegy, such as Dover Beach, but his ambitions perhaps lay in what he considered a higher form of poetry the epic. Empedocles on Etna, for example, doesnt have the immediacy and the musicality of Dover Beach or even his famous (at the time) sonnet Shakespeare:Others abide our questi on. Thou art free.We ask and ask Thou smilest and art still,Out-topping knowledge. For the loftiest hill,Who to the stars uncrown his majesty,Planting his steadfast footsteps in the sea,Making the heaven of heavens his dwelling-place,Spares but the cloudy border of his baseTo the foild searching of mortality;And thou, who didst the stars and sunbeams know,Self-schoold, self-scannd, self-honourd, self-secure,Didst tread on earth unguessd at. Better so!All pains the immortal spirit must endure,All weakness which impairs, all griefs which bow,Find their sole speech in that victorious brow. (Culler 26)This poem has the fourteen lines of a sonnet, and the final rhyming couplet, but has additional stanza breaks that Shakespeares sonnets did not. Perhaps in this kind of laudatory poetry (perhaps imitating the original form of classical elegies, which were replete with flatteries) Arnold didnt think he was worthy to directly imitate his subjects sonnet form. This example of Arnolds p oetry shows his mastery of language even awkward constructions like Self-schoold, self-scannd, self-honord, self-secure trip off the tongue and make sense without seeming simplistic. He uses some of Shakespeares language (didst, thou,) but doesnt make this sound like a piece of Elizabethan poetry, either. He brings the reader to think about what in Shakespeare he or she might have read that is out-topping knowledge. The comparison in the second stanza is definitely classical in origin (perhaps the Colossus of Rhodes, or the battles of the Titans and the gods in Greek mythology), showing Shakespeare metaphorically large enough to stand on earth and live in heaven. We humans on earth can only contemplate his lower parts, his base (Machann says that it is an image of Shakespeare as a lofty mountain, 15.) It is a good way of capturing the wonder and mystery of great art. We ask and ask, as Arnold says, be we dont fully understand a masterpiece or how its creator made it. Also, i ts just self-conscious enough to show Arnolds modesty about his own talent. He doesnt put himself in the class with Shakespeare, or with Homer or writers of the other classical epics. He hasnt quite reconciled himself, I think, to the idea that the future of poetry lay in the personal, which was a kind of poetry he himself was able to write very well.Arnolds poetry, especially his lyrics and elegies, are often interesting and thought-provoking. His mastery of English is complete, and his diction shows his full Latin and Greek education, with the deep understanding of the origin of Latinate English words. But he does not shy away from good Anglo-Saxon words, either, like Shakespeare does not, and is fully able to use both high-flown language (such as in Empedocles on Etna, These rumblings are not Typhos groans, I know!/These angry smoke-bursts/Are not the passionate breath/Of the mountain-crushd, tortured, intractable Titan king, Culler 65) and very simple, lovely images, such as stars and sunbeams know. His elegy Memorial Verses to Wordsworth is considered one of the best elegies in English. (Schmidt, 485) Arnold was a product of his time the old Victorian world of religion and classical education but he also anticipated the new modern focus on self-choice and the value placed on the personal. He was a poetic talent with a flair for thoughtful poems, with the ability to create beautiful and lasting images. Works cited: Machann, C. Matthew Arnold: A Literary Life, New York: St Martins Press, 1998Arnold, Matthew. Encyclopedia Britannica. 2006. Encyclopedia Britannica Online. 8 Oct. 2006 .Culler, A. D., Ed., Poetry and Criticism of Matthew Arnold, Boston: Houghton Mifflin Company, 1961.Strand, M., and Boland, E., Eds., The Making of a Poem, New York: W.W. Norton and Company, 2000Harmon, W. Ed., Classic Writings on Poetry, New York: Columbia University Press, 2003.Schmidt, M. The Lives of the Poets, New York: Alfred A. Knopf, 1999

Nursing Code Of Ethics And Relevant Ethical Principles

Nursing Code of Ethics and Relevant Ethical Principles The International Council of Nurses (ICN) Code of Ethics for Nurses has four principal elements that shape the standards of ethical conduct within the nursing profession. These elements include the people nurses take care of and come into contact with, the practice they take part in, the profession they belong to, and the co-workers they work with (International Council of Nurses, 2012). Within these elements there are three standards nurses should follow during practice: The nurse ensures that the individual receives accurate, sufficient and timely information in a culturally appropriate manner on which to base consent for care and related treatment†¦ The nurse holds in confidence personal information and use judgement in sharing this information†¦ The nurse takes appropriate action to safeguard individuals, families and communities when their health is endangered by a co-worker or any other person (International Council of Nurses, 2012, pp. 2-4). In this paper, I will discuss how the ethical principles of autonomy and informed consent, confidentiality, and beneficence and nonmaleficence are reflected in these three standards of practice I have chosen from the ICN Code of Ethics for Nurses. According to Baillie, McGeehan, Garrett, and Garrett (2013), autonomy means a human person does not have authority and should not have power over another human person. 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The Rwandan Genocide - 2566 Words

The Rwandan Genocide (1994) Name Grade Course Tutor’s Name Date Outline: 1. Introduction A. Definition of genocide B. Overview of the genocide 2. The Historical Rivalry between Hutu and Tutsi A. Background of Hutu and Tutsi B. Effect of the West in Rwanda 3. The Massacre A. The mass killings B. The Perpetrators C. Women and Children in the genocide 4. The Aftermath A. Tutsi Government B. Economic Recovery C. Physical and Psychological effects 5. Conclusion A. Personal Opinion B. Recommendations Introduction The genocide concept comprised two words, genos, a Greek word meaning tribe or race and cide a Latin word meaning killing of pointed out by Polish Jurist Raphael Lemkin.†¦show more content†¦The most astonishing thing is the number of lives that were lost in such a span of time (Akresh 4). What triggered the genocide is when Juvenal Habyarimana, the Rwandan president died on sixth April nineteen ninety four in a shooting that happened in Kigali Airport. This wave of violence spread drastically in all places of the country. The Hutus being the perpetrators of the massacre, wanted to wipe away the Tutsi (Mamdani 3). However, could the death of President Juvenal Habyarimana be the cause of such a dreaded massacre? This paper will explore the historical rivalry of the Hutu and Tutsi communities, the motive of the genocide, the role of the media and the international community and the aftermath of the massacre. In my opinion, I must declare that it I unavoidably di fficult to discuss the Rwandan genocide without raising the deepest emotions, a cry for humanity. The Historical Rivalry between Hutu and Tutsi The ethnic rivalry that existed in Rwanda before the genocide between the majority who are the Hutus and the minority as the Tutsi was evident since the colonial times. Traditionally, the Hutus were farmers while the Tutsis were herdsmen. 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The Genocide began on April 6, 1994 and was, â€Å"initiated by the Hutu political elite and extremists and its military support, their prime targets were the Tutsi, as well as Hutu moderates.† (Hain 2) The Hutu made up majority of the population and government officials and enforced a government-ass isted militaryRead MoreThe Rwandan Genocide Essay959 Words   |  4 PagesThe problems of today can often be traced in the beginnings of yesterday. The Rwandan Genocide was a divisive division of two groups that culminated in the mass murder of nearly 500,000 Rwandans, three-fourths of the population. The tactful subterfuge by the ruling party fueled the separation of two ethnic groups that reminisce the events in Europe 55 years earlier. Naturally, the question becomes, how? Simply speaking it was the indifference of global elites and political demagoguery that incitedRead MoreThe Rwandan Genocide And The Genocide866 Words   |  4 PagesThe Rwandan genocide occurred during the period of April to July of 1994. This genocide was as a result of the Hutu ethnic majority slaughtering the Tutsi minority. During this period as much as 800,000 Tutsis were killed. The genocide was started by Hutu extremists in the capital of Kigali and the genocide soon spread across the country. Despi te all of this there were several survivors of the genocide. Immaculee Ilibagiza is one of those people. Immaculee Ilibagiza was born in 1972. She is theRead MoreThe Rwandan Genocide1335 Words   |  5 PagesRwanda is a country made up of a population with three ethnic communities, the two main communities, the Hutu and Tutsi and an additional community of Twa (or pygmies) who all spoke the same language, Kinyarwanda or Rwandan (Clapham, 1998). 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It’s our evolutionary history† (James Lovelock). According to the Oxford dictionary, genocide is defined as â€Å"the deliberate killing of a large group of people, especially those of a particular nation or ethnic group.† Although it may be hard to believe, genocides have occurred all over the world and all throughout time. There have been well documented genocides such as the Holocaust. Additionally, there have also been genocides that have barelyRead MoreThe Rwandan Genocide1188 Words   |  5 PagesRwandan Genocide The Rwandan Genocide began on April 6, 1994 and lasted for about 100 days (History). The two groups involved, the Hutus and Tutsis, were in a massive conflict after their president was killed. The Hutus brutally killed about 800,000 Tutsis and supporters. This tragic genocide was not stopped by other countries during its peak, leaving the world wondering why. As we commemorate the 20th anniversary of the Rwandan Genocide, it is important to be informed about the tragedy. The wayRead MoreThe Rwandan Genocide And The Genocide1637 Words   |  7 PagesWith over eight hundred thousand to one million deaths, the Rwandan genocide is undoubtedly one of the most sad and shocking examples of the lack of intervention by not only the US and the UN, but by other countries as well. The ongoing tensions between the Hutu, the largest population in Rwanda, and the Tutsi, the smaller and more elite population is what eventually lead to the Rwandan genocide. The killings began quickly after President Habyarimana s plane was shot down. After hundreds of thousands

Mountain Essay Example For Students

Mountain Essay GorillasHalf man and half beast this is what is usually said about the gorilla. They say that the gorilla is related to us. You can find mountain gorillas inthe Virunga Volcanoes, which are located on the boundaries of Zaire, Rwanda, andUganda. The Virungas are 600 miles of tropical rainforest. Youll find thenroaming around 7,800 and 11,000 feet, but at low elevations. The gorillas livein units. Most of the units consist of about 6-12 members in it, most of thembeing related in some way. With each unit, there is a leader, usually an oldsilverback, who was a virtual dictator. A silverback male has large canines andhe may weigh 400 pounds. He is the one who decides when to proceed, and when tostop, and which direction to go. When he sleeps, everyone else is supposed to besleeping to, and then he gives a signal to wake up. When the old silverback getstoo old, then his eldest son usually is the one to take over. The females areusually responsible for the nursing portion in the unit. Gorillas are peacefuland tolerant by nature. Whenever two groups meet, they either i gnore each other,or they give each other a grumpy grunt. Sometimes the two groups would even staytogether, and then eventually separate. There are many rumors about gorillasbeing very violent, but there are no reports about it. There are times when theyhave little mock fights, but there is never any blood shed in them. Right nowthere are not too many mountain gorillas you will find in the Virungas. Theirpopulation is only in the hundreds. In 1960, there was an estimated 450 gorillasstill remaining in two isolated habitats. In a 1981 census, it gave a figure ofabout 254 gorillas. Right now there is somewhere between 400-450 mountaingorillas that have survived. There are so few of these creatures for manyreasons. There are many poachers who kill the gorillas for their head or handsto sell to tourists as a souvenir, or hunter that kill them to have a trophy. With so much of this going on, the rangers of the parks so not think there willbe anymore of these gorillas left by the end of the century. There have been afew projects and conservation groups made to save this endangered species. TheWashington-based African Wildlife Foundation, started a program in the parks onpark security, to prevent as much poaching. The tourist program also developedrapidly. They went from 1,352 paid visitors in 1978 to 5,790 in 1984. With thehelp of the money from tourism, they were able to start some programs on theconservation of the mountain gorillas. The basic issues of the groups andprograms are human population and the way land is used. The future for thegorillas look very bleak. Illegal logging, gold prospecting, and hunting hasbecome more and more popular where the gorillas live. To assure gorillas afuture will require a dedication that can not just be done through projects oreven years or centuries, but it takes a commitment for the rest of eternity. BibliographyBaumgartel, Walter. Up Among the Mountain Gorillas. New York: Hawthorn Books,1976. Fossey, Dian. Gorillas in the Mist. Boston: Houghton Mifflin Company,1983. Patterson, Francine. The Education of Koko. New York: Holt, Rinehart, andWinston, 1981. Schaller, George B. Gorilla: Struggle for Survival in theVirungas. New York: Aperture Book, 1989.

When we hear the term physical fitness, most Ameri Essay Example For Students

When we hear the term physical fitness, most Ameri Essay cans associate it with athletic ability, including brute strength and sheer muscle. One who sees physical fitness in this way has been misinformed. To be physically fit doesnt mean you need We will write a custom essay on When we hear the term physical fitness, most Ameri specifically for you for only $16.38 $13.9/page Order now to be 64 220 pounds and have rippling biceps. Although strength is a part of physical fitness, it is by no means the only or even the most important area of consideration. Physical fitness can be defined as: the ability to adapt to the demands and stresses of physical effort. There are a number of components making up physical fitness. These are, cardio-respiratory endurance, flexibility, body composition, strength and power, speed, agility and coordination. If a body does not get enough exercise, the bodys functions will deteriorate. In other words, the amount of physical stresses your body can take reflects the amount and quality of exercise you do. I would say a police officer is physically fit when his or her condition has a positive impact on performance, productivity, low absenteeism and health care costs. In this paper, I will show that the level of fitness an officer is at will directly impact the above mentioned factors. I will also show how some agencies have implemented such programs. The length and quality of a police officers career, and for that matter, his life, is dependent on the actions and conduct of the individual. Things like improper eating habits, smoking, drinking excessively and physical activity are detrimental to an officers health. According to Richard O. Keelor of the Presidents Account on Physical Fitness, approximately 60% of all deaths in the United States result from the diseases of the heart and blood vessels- diseases that are associated with physical inactivity (Fraser, 1986). In the law enforcement community, he states that the problem is even worse, especially in the areas of heart disease and lower back problems. A lot of officers go to early graves as a result of physical and mental stresses they deal with over the years. Anderson (1986), in regards to the problem, states that work experiences such as; chasing suspects, struggling with drunks, working nights and sitting for hours in a squad car eating junk food usually does not catch up with an officer until they least expect it. Studies have shown that the single most contributing factor in the early deaths of law enforcement officers is probably the lack of regular exercise (Anderson, 1986). Police Chief David Thompson of the Atlantic Beach, Florida Police Department states, odds are ten to one that a police officer will die of a heart attack rather than street violence (Anderson, 1986: 32). With all the given facts, it is easy to see that physical fitness programs are a must for all police departments. As with any other new program in a police department, the question will be raised, due to budgetary constraints, can we afford a physical fitness program? In my eyes, the question should be rephrased as, Can any department this day in age afford not to have such a program? Whatever the cost of a program, it should be weighed against the cost of absenteeism, health insurance, medical bills and disability. Fraser (1986) reports that a 1981 national survey revealed that heart attacks among middle management personnel alone cost industry $700 million annually. Many studies, including those done by the United States Secret Service and the Ohio Highway Patrol, have shown strong evidence of cost savings after a physical fitness program had been implemented. Fraser (1986) reports an 18 to 42 percent drop to absenteeism, a 4 to 11 percent increase in worker productivity, improved morale, less employee turnover, and reduced health care costs. .u97adb81b2e4db8ba50065d0132ea2f2c , .u97adb81b2e4db8ba50065d0132ea2f2c .postImageUrl , .u97adb81b2e4db8ba50065d0132ea2f2c .centered-text-area { min-height: 80px; position: relative; } .u97adb81b2e4db8ba50065d0132ea2f2c , .u97adb81b2e4db8ba50065d0132ea2f2c:hover , .u97adb81b2e4db8ba50065d0132ea2f2c:visited , .u97adb81b2e4db8ba50065d0132ea2f2c:active { border:0!important; } .u97adb81b2e4db8ba50065d0132ea2f2c .clearfix:after { content: ""; display: table; clear: both; } .u97adb81b2e4db8ba50065d0132ea2f2c { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u97adb81b2e4db8ba50065d0132ea2f2c:active , .u97adb81b2e4db8ba50065d0132ea2f2c:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u97adb81b2e4db8ba50065d0132ea2f2c .centered-text-area { width: 100%; position: relative ; } .u97adb81b2e4db8ba50065d0132ea2f2c .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u97adb81b2e4db8ba50065d0132ea2f2c .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u97adb81b2e4db8ba50065d0132ea2f2c .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u97adb81b2e4db8ba50065d0132ea2f2c:hover .ctaButton { background-color: #34495E!important; } .u97adb81b2e4db8ba50065d0132ea2f2c .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u97adb81b2e4db8ba50065d0132ea2f2c .u97adb81b2e4db8ba50065d0132ea2f2c-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u97adb81b2e4db8ba50065d0132ea2f2c:after { content: ""; display: block; clear: both; } READ: Lord Of The Flies Persuasive EssayThe police department of Glendale, AZ. has showed some remarkable, direct benefits as a result of a physical fitness program. In 1985, the city received a $70,170 refund to its major medical insurance company. In 1984, the refund amounted to over $225,000 because of reduced claims. There was also a similar savings in workmens compensation premiums (Lesce, 1985: 28). In another instance, involving the Grass Valley, CA. Police Department, the seventeen member force were noted to have a loss of 191 days due to job related injuries between 1976 and 1980. This came before physical fitness was a mandatory requirement. A review of post-mandatory physical fitness implication, between 1980 and 1985, reflects a loss of only 23 days due to job-related injuries (Mouser, 1986). This a very significant turn around and shows how a .

Essay Sample on California Evidence Law and Its Key Aspects

Essay Sample on California Evidence Law and Its Key Aspects Aspects of California Evidence Law and its impact on people in todays Society 1.0 Introduction There are various aspects of the California Evidence Law which impacts many individuals involved in the court of law, as well as the wider society. It is common knowledge that life cannot divorce itself from conflicts whether civil and criminal which is handled in the courts of law. The California Evidence Law has various aspects that influence how both the prosecutors and the defendants may argue their cases in court, how they can present their evidence, the nature of proof that is acceptable and that which is not accepted by the courts, among other key issues that affect people involved in the court processes. This paper makes effort to address the issues linked to California Evidence Law, and the impacts they have on paper. The law of evidence in California has elements that are borrowed from the Federal Law of Evidence and that are why there will be close reference of the two laws. The aspects of the California Evidence law as reflected in this paper are such important issues that not only the lawyers who practice law should be well acquainted with, but also for the common man to be well versed with so as to interrelate with the laws well in the event they have to be used in the court of law in many capacities. People are used in courts as witnesses; as well as well they may appear in court as defendants and thus the California evidence law compounds as an important law, both for the people and the law practitioners. This law has impacts the people much since they come into interaction with the court processes in various ways, and may not have the formal schooling on matters of law and on evidence laws in particular. Thus this paper is such an important in outlining some of the critical aspects of the laws. Getting to the root of the aspects of the California evidence law is not an easy task since the laws are much detailed, and thus requires a critical study so that to bring out the crucial elements that are reflected by it. This is why this paper has taken an approach of presenting the aspects in this law by reviewing the California Evidence law, organizing what is represented in the law, and ensuring that it is presented in a logical manner. This is to ensure that the paper is not only succinct in addressing the various issues in the law, but well detailed in addressing the key aspects in the evidence law that often affects people as they interact with the law. As much as a number of the California evidence law is familiar with us, this paper makes an attempt to review, and organize the aspects represented in the law, so that it can be easily understood by the people, and thus give people the confidence to apply the laws well in the event that they come to interact with it. It is cle ar that a better understanding of the California evidence law will enable the persons involved to apply the laws in a more appropriate way, and thus have better outcomes with regard to justice by representing facts and evidences in court as per the schedules provided for by the law. A number of aspects in the California evidence law are not much emphasized in this paper because they are obvious concepts in terms of their universality of application in many other evidence laws, and secondly, some are only applied in a very limited contextual framework. Obvious aspects in the California laws that may not need to be restated are such as the rue of evidence that demands that all the evidence that is constructed should be constructed in such a manned to achieve the ends of justice to both parties in court. In addition, we have rules of evidence that are limited in application such as those relating to how the plaintiff is cross examined in cases such as sexual assault, or a case involving the incompetence of a juror to impeach his own verdict on the case, or even in the case of cases involving property valuation. Thus, this paper will concentrate in outlining the aspects in the California Law courts which are used in every day law practice and those that are not triv ial. It has mastered in outlining the aspects that have impacts on people, as well as those aspects that must be known in the preparation of cases. Therefore the paper is explicit in addressing the issues in California evidence laws that often brings challenges in the arguing out of cases. California Evidence Code is short and thus this paper will give an analytic framework into all these issues. 2.0 Aims and Objectives The aim of this paper is To outline different aspects of the California Evidence Law. Laws are developed to improve justice to both the defendants and the prosecutors; thus looking at the California Evidence Law would be a big step in understanding this law from the eyes of justice, and how justice can reach out to the people. To look at the implications that the California Evidence Law has on people. This is because the laws of evidence touch the people directly than any other law. It is this law that determines the extent of justice to people, and thus they should be able to understand the aspects captured in the evidence law. Aspects of California Evidence Law California Evidence law captures all the aspects relating to the construction of evidence, presentation of evidence, and admissibility of the evidence in the court of law. These are critical issues in the legal framework in California. It may affect the success of a case presented in the court of law. California laws just like other laws were established to ensure that there is justice for both parties represented in court (the prosecution, and the defense council). Thus it is of great importance for the laws to be understood by the people. In addition, in the eyes of the law, justice is delivered to the people in court through proper interpretation and validation of the evidences presented from both parties. In this regard, California Evidence Laws is at the center of all the processes directed to bring justice on board. Notably, it is people who submit cases in court, and thus the California Evidence Law affects none other than the people. This paper brings out the aspects in this law, an how it impacts people in the best way possible. This is with regard to the simplicity of the paper, and the diversity by which the aspects are presented to make it an all round paper. 3.0 Rules on Admissibility of Evidence The California Evidence Law has outlined the structures by which any given evidence may be admitted in court or rejected. Not all the evidence that is presented in court will be admissible. This is because for the evidence to be admitted in the eyes of the California Evidence Law, it must surpass several tests. In the event that the evidence provided has not satisfactorily satisfied the standard by which an evidence may be termed as ‘admissible’ then it stands to not to be admissible, and thus may not be used within the constraints of California laws. According to the California Evidence code 351, evidence presented in the court may only be admissible if it fully meets three conditions. The three standards by which evidence would be found to be admissible are materiality, relevance and competence. This means that any evidence presented in the court of law and is proved to be material, relevant and competent then such evidence cannot be barred by any exclusionary rule, and this further implies that the evidence is admissible. Relevance Evidence is found to be relevant in the California law when it has the tendency to create reason that makes the facts presented to prove or disapprove the evidence to be either more of less probable. This is per California Evidence Code 210. This means that the fact that if the evidence presented makes the fact presented to support or counter it more or less probable, makes it satisfactory as relevant. In addition, for the evidence provided to be relevant, then the presented evident is not obliged to make the fact offered certain, but should just demonist rate some tendency to increase of decrease the likelihood of the fact that is presented. The finder of the fact presented through the evidence has the liberty to weigh the evidence, though even if a piece of evidence stands to be weak, it would still be found admissible but for cases where it runs afoul of a given exclusionary rule of law or is deemed to be otherwise incompetent. Material Evidence should satisfy the condition of being ‘material’. Evidence satisfies to be termed as ‘material’ if the evidence offered proves a fact that has been an issue of a given case. In this regard, a fact in a court case may have support of proof by evidence. This type of evidence is satisfies the condition of material; for it proves a fact presented in a case. Competence Competence in the California law happens in the case that the evidence has a proof which meets a given set of traditional requirements of reliability. From the conditions that have been set, any given evidence given is found by the California Evidence Law to meet the three requirements is found to be much admissible. Without regard to cases where any of the parties questions the competence of the evidence through objection,, it would be deemed that the objector is trying to show that there lacks competence of another preliquisite admissibility standard. However, in practice the modern trend in law has shown the tendency to turn the rules of competency by turning them in form of weighty considerations. Generally speaking, in the event that competent evidence is offered to serve the purposes of proof to a given relevant material fact, then this evidence remains admissible under the California Evidence Law. This is regardless of whether the same evidence may be perceived to be improper to be used for an otherwise purpose. This is per schedule of evidence code 355. Notable, as much as the evidence of prior bad acts subjected to the accused may be found not to be admissible, with regard to serving the purposes regarding the intent in a federal court to impeach the credibility of a witness serving in that case. In addition, in the event that evidence code 1101(b) is applied regarding a situation where it has put it clearly that evidence provided is meant to serve for a limited purpose, and the one party thinks that jury may improperly apply the evidence, then the party may request to a for a limiting instruction to be accompanied to the instruction. Regarding the conditions of admissibility; in the event that value of the evidence is questionable regarding faults in its purpose, as well as a high likelihood that it may serve an improper purpose, by the party seeking to find a fact, the court has the discretion not to admit the evidence. This is regardless of the fact that it has fulfilled the prior conditions of admissibility. In this case the evidence would be thrown out for the probable value of the evidence would be said to outweigh its prejudicial (improper harm) effect. In this case, it is not that necessary that an evidence that is extremely harmful to one party qualifies to be prejudicial. In simple terms, courts have the discretion to prevent confusion, waste of time, and delay of cumulative evidence. 4.0 Accrediting and Discrediting a Witness In the California Evidence Law, a witness may fail the test of being accredited if he has not been impeached. The law provides that any party has the liberty to impeach any witness at any provided time. In addition, the credibility of a witness could be impeached at international level but for the point he has been impeached by a court inquiry in any of the following relevant areas. Among the about nine of the areas, the first four areas relates with the fulfillment of the requirements of competence. They include: The sincerity, as well as firmness of the belief of the witness regarding the external consequences of violation of oath. The nature and quality of the perception of the said witness or the ability by which the witness may be able to perceive. The ability by which the witness may remember all that is provided as evidence. Finally, we have the accuracy of the perception of witness communication. A much as the cross-examiner may not have any basis for believing the existence of any infirmity in the witness testimony; the cross examiner may inquire into the four areas. 5.0 Issues in Presenting Evidence Today, there have been an augmented number of issues with regard to presentation of evidence that have frequently caused problems in the courtrooms. Several of these issues relates to the presentation of evidence that affects the credibility, as well as the outcomes of the cases. In the California courts, just like other courts; it is not just the ‘evidence’ but also the presentation of evidence that affects the outcomes of the cases, and thus give justice to the people who deserve it. a. Issues regarding the form of Examination There are issues that have influence on how a given direct communication can be permitted or be found to lead to admissible outcomes. In regard to the law, direct examination relates to the questioning process by which a lawyer calling the witness to testify on the matters that he is making efforts to inquire on. According to the California Evidence code 760, this may relate much with the use of leading questions. In this case, a question may be referred to as leading if it a question that substitutes the lawyers words for those of the eyewitness or in the case where the question suggests a specific direction or response. For instance, â€Å"You told the court that you were at your estate parking at 7 pm that day, didn’t you?† The imperative thing to reminder with regard to the form of examination and the implied implication of a response according to California Evidence Law is that all the questions that demands for a â€Å"No† or â€Å"yes† response may not necessarily be termed as leading questions. This is why under the California Evidence Law, the court allows the person conducting the examination to engage in questions such as, â€Å"Did you inform the defendants that you wanted the detergent supplies?† The things that should be noted according to this law is that a response can be found to be leading in the event that it develops a pattern that reduces the witness opinion to a state where the witness adopts the lawyer’s description. b. The Hearsay Rule This is one of the regulations under the California Evidence Law that is often simply stated though confusing to apply. Perhaps this is because the law is riddled with exceptions. In addition, this is among the rules that many people are versed with yet confusing at times to abide by. Hearsay evidence refers to the kind of evidence of a statement that was fronted by any other person other than a witness. This statement often is said by the person while testifying and often is offered to add the weight of proof of the matter at hand in that case. In analyzing the possible hearsay, the first step may involve the determination that the statement said is indeed hearsay. In this regard, if that statement mentioned is hearsay, then it demands that an inquiry be conducted to determine whether the hearsay statement in any way may fall within the structures of the hearsay exceptions rule. Notably, evidence may fall into this category for various reasons. First, because the given evidence is often an out of court statement intended to prove something besides the truthfulness of the hearsay it qualifies. Secondly, if the said statements prove to have a possible use as hearsay or rather for a non-hearsay purpose then it stands to be admitted in court. These two exceptions makes such kind of evidence to be admissible subject to a requested limiting instruction. In addition, it is also subject to the discretion of the courts judges depending on whether it satisfies or tests negative to the condition of â€Å"its prejudicial effect outweighing the probative value†. This makes statements such as the following not to be hearsay in court. They include; â€Å"Help†, â€Å"I accept the offer†, â€Å"In my opinion† and so on. c. The Lay Opinion Rule The law demands that witnesses should respond to cross examination as per what they heard, felt, saw, tasted or smelled. They are required not to express their objective opinion or subjectively draw conclusions on their own. This condition shows that often the distinction between fact and opinion may not be found to be clear as expected. To add to this, an increased number of witnesses have found it not an easy task to give their evidence in the form that is required by law. This is because a given number of perceptions may not be easy to communicate by the use of language that is divorced to a given opinion and judgment. This is why both the Federal and California Evidence Laws have to a significant measure relaxed this standard against lay opinions. This is in their bid to ensure good facilitation of evidence reception. This is evident by the provision for witnesses who are not legal experts. This is because the lay people are allowed to testify in form of opinion subject to the ra tionality of the perception of the individual giving proof, as well as if it’s helpful to his own understanding of his testimony. To note is the fact that opinions by a competent lay person in court are permitted by cases, rule or stature. 6.0 Kinds of Evidence Admissible in California Evidence Law Just like many other laws of international and national scope, courts would determine the categorization of evidences depending on the rationale offered by law. In regard to the California laws, the traditional types of evidence have been maintained they include demonstrative, documentary, real, and testimonial evidences. Important to note is that a number o rules of evidence are applicable with regard to the four kinds of evidence, while some apply to selected cases. Real Evidence This refers to evidence regarding something that is in existence, or a thing whose characteristics are material and relevant. Often it involves a thing that was significantly involved in a given event presented in the court case. In addition, a written contract, where sets of actions were based may be found to be real evidence by the virtue that the evidence has been presented to prove the terms that was executed by the defendant. If the written contract was drafted in an unsteadily and faltering manner, then it may be found as a relevant to show that the person committed to the contract was likely to be under duress at the time of closing the deal. Real evidence may include murder weapons, scene of accident, crumpled automobile. The imperative thing to reminder is that for real evidence to be admitted, it must test positive to the teats of relevance, competence, and material. Often to do this requires laying the foundation. This is involves the establishment that the three basic preliquisites apply in that case. It is clear that materiality and relevance condition of real evidence are often obvious; however, the competence of the evidence must be proved by exposing out that the evidence is really what it was meant to be. This is through the process of authentication where the evidence is assessed to find that it is what it purports to be. It must also be renowned that the verification of real evidence may be conducted in three ways. They include the identification of an object made unique, identification of a unique object, as well as by setting up a chain of custody in the case. These are the only ways by which the an alternate ways by which any real evidence may be authenticated in the event a court has failed to get satisfied by the method that has been employed. In addition to the said, it has been found that the least troublesome method of authenticating real evidence is through the provision of a testimony given by a witness with the ability to identify the unique object that has been presented in court. Eve as efforts are made to identify the unique object in the case, it is however of great importance to note that an increasing number of mundane objects agree to this form of identification. In this sense, a unique contract developed by two or more parties, may be authenticated by a person with that given document. The second method which regards identification of an object made unique in court has also been found to be useful. This is because it gives lawyers or clients an opportunity to avoid the temptation of proving a chain of custody. To sum this up, to bring justice closer to both parties in court, the law has provided room for the proponents of the evidence in court to establish the object subject to not being changed between the trials and events. This means that from the day of event in question through the days cannot be accounted for, then the evidence qualifies to be excluded. Demonstrative Evidence As the name does suggest, this is the sort of evidence that would demonstrates the testimony given by a specific witness. This kind of evidence is only found to be admissible under California Evidence Law when its not unobjectable, has sufficient accuracy for the tasks that are not yet done. A typical example of this kind of evidence may include the maps and animations that may demonstrate the scene of the occurrence. The purpose of demonstrative evidence is to get a clear illustration of the testimony being given. Authentication of this kind of evidence is done by the witness whose testimony has been captured in the illustration. This is because a witness is often given the opportunity to identify the salient features of the provided exhibit in court, and establish that it fairly reflects what was seen or heard in the said event. History has revealed that for quite some time, California courts have held the use of photographs as only demonstrative evidence to be controversial. This is because it would be difficult to establish a witness who would say that the camera saw. However, many courts in California conclusively reached to a sensible solution and that is a photograph may qualify to be used either as a demonstrative or real evidence. This is depended on the form of authentication that was employed. For instance, a photograph may be found in court to be demonstrative by the virtue that it was authenticated by a witness who saw what exactly happened in the event. Documentary Evidence This kind of evidence is a kind of real evidence as it may include the cases such as evidence such a defendant offers a copy of a contract to verify the stipulations of the said agreement. In this event the contract may be found to be documentary evidence according to California Evidence Law. This is because the contract was issued in document form and thus is authenticated just as other real evidence. This is through the witness who has identified the evidence or a witness who is successful in establishing a chain of custody for the information captured in the evidence. However, because many contracts often involves human language, as well as the development of common law; this kind of evidence often is accompanied by problems especially regarding cases where they contain hearsay. In addition, we have the patrol evidence rule of the California law that bars the admission of extrinsic evidence, which has the tendency to change the terms of a written agreement presented in court. As noted before, the documents presented in court as evidence may be authenticated in a similar way as the case is in other real evidence provided. In addition to this, the law requires that any material alterations must be accounted for with regard to the objective of the alterations and the consequent impact of that alteration. It is noted that within the structures of California Evidence Law, there are specific methods that have been approved for authenticating the document that have been listed in court. This includes the submission with regard to the finder of fact in the court case proceedings. Authentication of some documents may include the authentication of signatures on the document provided for the purposes of being used as evidence. There are many documents that may be used in court as documentary evidence. They include the inscriptions, newspapers, periodicals, public records, as well as other acknowledged documents. It is further held by the best evidence rule that in the event that evidence is offered in form of writing; the secondary evidence provided to stand in place of the original document t may not be admissible but for an adequate explanation being offered accounting the absence of the original document. In the California Evidence law, testimony and other forms of secondary evidence that stands in place of the original content is on a general scale forbidden. It has been generally accepted by both the California and the Federal laws that the use of ‘photocopy’ material may be subjected to error or fraud. In addition, the law encourages the use of mechanically produced duplicates but for a party which has raised a core issue, such as questioning the accuracy of the copy. Testimonial Evidence This is the most basic kind of evidence that exist s and the one that doesn’t necessarily require another form of evidence as a condition for it to be admitted in law courts. This is the evidence that is made up of what is said during court proceedings by a competent witness. A witness is found to be competent by the law if he satisfies four demands. The first one is that he must take an oath or its substitute with understanding. The second condition involves personal knowledge on the subject of the said testimony. This may be said in another language to mean he must have perceived a thing with a rational sense which should be relevant to the said case. The third requirement that makes a witness competent is being able to remember what he perceived. The last and final condition for the competency of the witness relates to his communication ability. He should have the ability to communicate with what he is expected to have perceived. However, there exist other rules of competence that are linked directly to exceptional cases or circumstances. For instance the rule that a jury is incompetent to go ahead and impeach his own verdict, this is alongside the rule that an acting jury doesn’t satisfy the competency tests regarding testifying in trial where he is at the same time testifying. It is also imperative to reminder that the California Evidence law has provided that in the event that the witness has forgotten what he is to testify about; there are four ways by which this memory can be supplemented. The first option is to seek a recess where the witness will have a break and thus calm the nerves. The other option involves asking the witness a leading question that would refresh his recollection of memory. At this point, it is clear that this is one of the exceptions on the earlier discussed rule against the use of leading questions while undertaking direct examination. The third and final option for a witness who has failed to gather memory that would support him to testify is referred to as â€Å"past recollection refreshed†. It involves refreshing the memory of the witness by requesting the witness to acknowledge that he can’t remember the fact that they are trying to inquire on. After this, he is asked anything that may help him recollect the mem ory; it may be a movie, events video tape, perfume smell and so on. It should be noted that the California law demands that if the evidence used to refresh the memory of a witness is written, a copy of it should be provided to the opposing counsel. In California, failure to meet this demand will result in the testimony not being admitted. It must also be renowned that the reminiscence of refreshing doesn’t qualify in any way to act as evidence by any party. It is the response of the witness after his memory has been brought back that is treated as evidence. 7.0 Conclusion All in all, California Evidence Law has various aspects that affect people in different ways. This is in their capacities as witnesses, lawyers, as well those who serve in other capacities at the court room. The California Evidence law has enclosed many of these issues said that affects the behaviors of the witnesses, lawyers and the power that a jury has been given to handle exceptional situations during the examination, as well as at other stages of court proceedings. The paper has brought out the core issues regarding California Evidence Law that affects the way witnesses, as well as the lawyers conduct their business during court proceedings. You may wonder: Who can write my essay on Law topics? Contact our custom paper writing service and order a high-quality custom essay written by professional writers!

Unit 2 IPIntroduction to American Court System Essay

Unit 2 IPIntroduction to American Court System - Essay Example risdiction is the power provided to the court that it can only hear cases which are brought to the court, or the cases which the court has been limited to, not anything else. Subject matter jurisdiction limits the power of the court so that it can only hear cases which the laws of jurisdiction permit it to. (Subject matter jurisdiction) Personal jurisdiction allows the court to make decisions against or in favor of people who are involved in the case. Every court in a state can exercise personal jurisdiction over the people who live in that state, but not on people who belong to some other state. Therefore, courts cannot implement authority beyond their territories. The government allows the court to pass judgment to all residents of the state and also to those who have been away from the state for a brief period. Residents of other states, who have been in the state for a short period, are also answerable to the court. Moreover, a court which has jurisdiction in a state, also have authority over companies who have opened their offices in that state. The corporations are required to take permission from the court before they can continue their business in that area. The criteria of ‘minimum contacts’ differs in every case. In situations where the case involves a defendant’s contact with the state, the number of contacts required to form personal jurisdiction may be less. If a non-resident in a state does something wrong, the court of the state then, in order to protect its residents, can authorize personal jurisdiction on that person. (Personal Jurisdiction in Federal Courts) Although the courts are allowed to practice personal jurisdiction, there are certain laws, statutory and constitutional, which limit the power of the courts. Because of statutory restrictions, the court should examine the state law to ensure whether it can properly implement personal jurisdiction or not. However, there are three types of personal jurisdiction: Firstly, In Personam

US Democracy Essay Example | Topics and Well Written Essays - 1250 words - 1

US Democracy - Essay Example Fitting the above description of democracy the government of the United States of America in a fully democratic nation that forms exemplary example for other governments in the world Many factors make the US a democratic country. First, United States treats all its citizens equally as they are all equal before the law and in decisions making. The government discourages all forms of discrimination that result to people getting different treatment. In this, similar laws govern all the citizens equally and no single is above the legislation of the nation. Either, the constitution allows the people to choose their leaders after every four years in the exercise of their democratic right to vote. In this also, citizens are equal with one citizen with one vote. Besides, the form of governorship provides the citizens with freedom of expression and all other rights as expressed in the bill of rights. The government does not limit the individuals past the limitation of the established constitution making the type of government depicted in the US to be a democratic state system. Furthermore, the government has the government arms that represent those in the Democratic stat ues like the constitution and the parliament. In and democratic system the sovereignty of people is the power over in the rule of law. Since people make the government, the citizen in a democratic country are superior, and it limits the government. Therefore, limited government is a partisan concept in a democratic nation where citizenship has the authority to influence the rule of law while smothering the government.This concept places more power in the lower systems like the state governments, local governments and citizens to access and participate in crucial events. This model seeks to provide the citizens with more authority in the market share thus giving the greater opportunity to

Critique of Capitalist Economy Essay Example for Free

Critique of Capitalist Economy Essay Introduction Karl Marx and Freidrich Engels were great supporters of communism and were opposed to the capitalism way of economic system because they believed that it was a way of exploiting the poor and benefiting the rich in the society[1]. They did a lot of work as philosophers in addressing religious, political and economic issues. Karl Mark and Engels were supporters of communism and criticized the capitalism economy which was being advocated for by the developed countries. Thesis; communist economy is better than the capitalist economy. There has always been a conflict between the counties in the west and the Eurasia on the way economic policies should be set with countries like the US supporting capitalism while the countries that were formally soviet union oppose it and want continue with the communism way.   To critically assess the reasons why communism is better than capitalism, the following is the analysis of negative impact of capitalism and the advantages of the communist economy according to Karl Marx and Engels. The most notable writing is the communist manifesto. Communist Manifesto In 1848, Karl Marx and Freidrich Engels came together to write the   communist manifesto which was a proclamation of the unavoidable failure of the capitalist economy and wake up call to the workers all over the world[2]. The manifesto was commissioned by the communist league in England. Capitalism described as the economic scheme where there is free market of capital i.e. facilities and money, the natural resources and labor (production)[3]. This kind of system allows individual entities like people and companies to the business owners and not the central government. They run the production lines, make much profit as possible since they are also the decision makers of the issues that are affecting the production of goods and services plus the sale of the same[4]. Communism on the other hand is described as an economic system which allows the distribution of the countries resources with the intent of creating a non stratified society. In this type of economy, the government owns the production means and there are no private entities that own the same business or industry. Communism is intimately associated with a German philosophy, Karl Marx because he was an activists and an economist and wrote so much literature about communism and criticizing the capitalism. In his works, he put forward postulations that capitalism would be overthrown and ultimately replaced by communism. Since the individual ownership of the means of production would lead to exploitation, Karl Marx advocated for communism arguing that though the communism may vary from country to country, the following beneficial characteristics would still remain[5]; the planning, production and other operations in agriculture and industry are centrally organized, the system does not put up with opposition from other viewpoints and that only one political party runs the government. Communism developed as reaction of employees to the unacceptable working conditions during the emergence and the increased industrial revolution according to Marx and Engels. In Marx’s view, capitalist should[6] give a chance to socialism a chance to excel because capitalism was deemed to fail the economy because it would create two rivalry classes in the society of the â€Å"haves† and â€Å"have not† hence a new economic system would emerge and replace the capitalism[7]. Though not popular in the 19th century, the communist manifesto became widely used and read document as people sought to actually establish the most efficient economic system during the era of industrial revolution.   As discussed by Marx and Engels, the communism economy would come as a scientifically proofed issue and according to the historic changes of phenomena as continuous processes. Feudalism grew and as expected it had to transform giving rise to mercantilism which also naturally translated to capitalism, from this reasoning, Karl Marx expected that the supporters of the capitalist economy would accept change as it was inevitably going to take place with capitalism transforming to socialism (communism). Economy under Capitalism In the manifesto of communism, Marx and Engels argue that employment would be greatly affected by the owners of the means of production. It also addresses the idea of ownership of private property and idea of communism. The employees are depicted to be suffering from alienated labor; the alienation of labor is categorized in to four groups[8]; first, as soon as the product is made it is immediately taken away from the creator; second, the workers are exploited in the production line (too much work un-proportional to the pay), third, the human beings are meant to work and increase productivity blindly and not in agreement with the normal human nature (from species being), finally, mutual satisfaction of the human needs is replaced by the benefit resulting from the exchange of the products (from other beings). Marx analyses the Hegelian deduction of types of economies to explain how all the categories (salaries, rent, profits etc) were all alienated as a consequence of alienation of the human nature in the capitalist economy. This is because the structure of the economic system ultimately ends up dictating the way people come to live their lives in future, their behavior and determines the possible actions to be taken to stay on top. For instance, in the event that a capitalist economist intention is to remain in the industry (business venture) then he has to exploit the employees to the legal limit. The capitalist will definitely end up being a ruthless exploiter despite being wracked by guilt or not because of the need to stay in control of the economy and apparently everything.   On the same note, employees are forced to take on the work offer as there are no sensible alternatives. Marx and Engels insist that it is for this reason that people have to rise above such oppression and take the bull by its horns so as to have a collective control of their way of life in terms of economy and societal development. Commodity production is another aspect that is addressed by Marx as being used for exploitation. Commodity in the economy and business definitions is the product produced with an intention of exchange for legal tender or money in the market, as there exists a market, the product can be exchanged and that there is division of labor where a variety of products are produced, otherwise there would be no incentive for the exchange. With this kind of reasoning then, a commodity is described in terms of use and value. The use is easily understood, but the value becomes a complex issue to deal with and the relative value for the exchange has to be elaborated. For instance why does some amount of a product exchange for a different amount of another product? The elaboration has to cover the labor input during production of the product or rather the socially obligatory effort put in at average level of intensity to yield the commodity[9]. This is where the labor theory understanding and interpretation plays a big role, and it states that the quantity of socially essential work time needed to produce the commodity should be the determinant of its worth. In Marx view, this argument has two stages and the first is, to say if two items are compared by equations with an equal sign, there should be a third item of identical amount in both to which they are reducible and which is common, the second stage is to look for the suitable ‘third element’ and in this case labor is the only reasonable element[10]. Labor force is therefore likely to be exploited in order to increase the value of the commodity as the use remains constant. Capitalism is idiosyncratic; the capitalist economist does not only rely on the exchange of products as the source of profits but rather the progression of wealth, in the form of cash, with the intension of profit making by means of trading in the products and changing them into other products which can cost higher prices and generate more profits. According to Marx and Engels, no previous scholars have been able to clearly give an explanation of how capitalism as a whole would generate profits. There solution is that, the capitalists exploit the labor from employees, they buy employees labor effort for the day. The price (value) of the product is established by the same means that is, the socially essential labor force needed to make the product. In such an instance, the day’s labor effort is the worth of the products required to keep the employee alive for one day. Taking for example a situation where commodities take about five hours to create, the   first five hours of the day would be used up on creating value that is equal to the worth of the salaries the employees would be compensated, this is the necessary labor. Any other labor done above this is termed as surplus labor and it only benefits the capitalist economist to make surplus value for the profits. The analysis done by Marx reveal that labor called the variable capital and this because it is the only resource that can create more value than it is worth. Other items basically pass their value to the final processed product but cannot create any additional value and hence referred to as the constant capital. Profits generated by the capitalists are a result of employees working past the necessary labor to create value for the employer. This is the theory of profits as far as the surplus value of labor is concerned. The rate of profit making is bound to fall as the industry increases its mechanization under the capitalist economy, by the use of more constant capital and little variable. As it has already been established that labor is the only resource that can add value to a commodity, less advancement on labor as a result of less capital will translate to a fall in the profits. Marx emphasized on the shamed labor and value of commodity[11]. Labor Theory and Value The analysis of Marx and Engels basically emphasized on the reward of labor power and the other forces of production means, basically such resources as land and technology are necessary for production. The analysis of Marx differentiated the history of the means of production for instance the European nations developed from a feudal mode of producing products to capitalist economy. Marx believed that change would come at a fast rate because of the advance in technology. The understanding of the social relations of production to be involving groups of people who are classified based on the wealth they own or their income (social classes)[12]. Commodity fetishism is a description of what Engels termed as false consciousness and is intimately associated with the understanding of the ideology. The ideology was used to imply the ideas of the specific people (class) at a point in time in history[13]. Marx and Engels did not describe only the belief as half truth but as the most important political operation. This explains the way a class can control the production means in food and other manufactured goods, they contribute the ideas of production. People in capitalist are alienated from their own labor investment. The alienation of the labor power as expressed by the Marxist supporters indicates it as the major feature of capitalism resulting in commodity fetishism. Before the emergence of the capitalist economy in the European market, many people who operated their businesses as producers or merchants used to purchase goods and resell them to earn profits. The development of the capitalist economy came as a result of treating labor force as a commodity in itself; the peasants were allowed to exchange labor force with money from the rich people because they did not own any land which they could use to produce food from agriculture[14]. People were being paid according to the time they worked (they were selling labor and not commodity). Those who were in possession of land and the means of production were called bourgeois and they are the capitalists while the peasants who had to sell their labor power for survival were called proletarians[15]. The difference between the industrial capitalist and merchants is that the merchants purchase goods and resell them at some higher cost to earn profits depending on the changes of the laws of demand and supply in the market. The merchant practices arbitrage between markets while the industrialist capitalist exploit the labor market and the product under production[16]. For any profits to be created there has to be a surplus in labor market and value surplus. Capitalism on the other hand can be very productive and develop very fast because of the enticement to reinvest profits in the developing technology and capital facilities. It is also the most innovative economic system as it has always changed the means of production and caused notable improvements. With an attempt to cut down the labor cost, the capitalist economists are likely to invest more in the new technology and as a result considerably cut down the labor cost (less labor)[17]. Since Marx and Engels believed that the profits were from surplus labor, they also concluded that the profits would fall. Conclusion Marxism opposed capitalist and encouraged a move to communism (socialism) in which the economy distributes the resources equally to everybody in the community (nation). It does not promote private possession of assets and business.    References Antonio R.J Cohen. (2003). Marx and Modernity. Key Readings and Commentary. Blackwell Publishing Mark K. Engels F. (2007). Capital. A Critique of Political Economy Vol. 3 Part 1. The Process of Capitalist Production as a Whole. Cosimo Moore S.W. (1957). The Critique of Capitalist Democracy. An Introduction to the Theory of the State in Marx, Engels, and Lenin. Whitman Publishers. Preston P.W. (1982). Theories of Development. Taylor Francis Stalin J. Wells H.G (1937). Marxism vs. Liberalism. An interview. New Century Publishers. New York retrieved on 5th February 2009 from http://www.rationalrevolution.net/special/library/cc835_44.htm . [1] Antonio R.J Cohen. (2003). Marx and Modernity. Key Readings and Commentary. Blackwell Publishing [2] Mark K. Engels F. (2007). Capital. A Critique of Political Economy Vol. 3 Part 1. The Process of Capitalist Production as a Whole. Cosimo. [3] Mooore S.W. (1957). The Critique of Capitalist Democracy. An Introduction to the Theory of the State in Marx, Engels, and Lenin. Whitman Publishers. [4] Mark K. Engels F. (2007). n 2 [5] Stalin J. Wells H.G (1937). Marxism vs. Liberalism. An interview. New Century Publishers. New York retrieved on 5th February 2009 from [6] Stalin J. Wells H.G (1937) n 4 [7] Mark K. Engels F. (2007). n 2 [8] Mooore S.W. (1957). The Critique of Capitalist Democracy. An Introduction to the Theory of the State in Marx, Engels, and Lenin. Whitman Publishers. [9] Mark K. Engels F. (2007) n 2 [10] Antonio R.J Cohen. (2003). Marx and Modernity. Key Readings and Commentary. Blackwell Publishing [11] Mark K. Engels F. (2007) n 2 [12] Preston P.W. (1982). Theories of Development. Taylor Francis [13]Antonio R.J Cohen. (2003). Marx and Modernity. Key Readings and Commentary. Blackwell Publishing [14]Preston P.W. (1982). N 11 [15] Preston P.W. (1982). Theories of Development. Taylor Francis [16] Antonio R.J Cohen. (2003) n 6 [17] Mooore S.W. (1957). The Critique of Capitalist Democracy. An Introduction to the Theory of the State in Marx, Engels, and Lenin. Whitman Publishers.

Alas Babylon Critique :: essays research papers

Critique Alas Babylon, by Pat frank, is a story that revolves round the actions of a single idea, survival. This is reflected in his choice of the title in itself. It is a phrase that is repeated several times in the book, and brings a sense of uneasiness each time. These words come from a part of the â€Å"Revelations of St. John, which describes the decadence of Babylon and the evils that surrounded it at the time (Pg.14-15).† The characters in this book, Mark, and Randy Bragg, began using this phrase from a preacher that they used to listen to as kids. â€Å"Randy and Mark never forgot preacher Henry’s thundering, and from it, they borrowed their private synonym for disaster, real or comic, past or future (Pg.15).†   Ã‚  Ã‚  Ã‚  Ã‚  There is such a great pattern of impending death and destruction that awaits each character, which a city like Babylon is a perfect comparison to their world in which they live in. Babylon was once a city of many achievements and wonders, proving that they were far ahead of their time. This makes one wonder if it is possible that we are on the same path. â€Å"Sometimes Preacher Henry made Babylon sound like Miami, and sometimes like Tampa†¦(Pg.14)†   Ã‚  Ã‚  Ã‚  Ã‚  The phrase in its self could mean that we have at last reached our point of no return, and that there is no way back, it seems like such a solemn and definite statement that there can be no way out, when Mark says to Randy, ‘But if you hear â€Å"Alas Babylon,† you’ll know that’s it,(Pg.16)’ he means it as a last resort for help or great destruction is coming. Mark knows that there is no choice but to prepare for war, and a message that strong can only be expressed by words that significant.   Ã‚  Ã‚  Ã‚  Ã‚  There couldn’t have been a better way to describe what the brothers were feeling at the time, two words ‘Alas, Babylon.’ The title was taken from a text that had been read and reread, and had given many interpretations. In the bible, the name Babylon comes with a association of power and strength. Pat Frank wanted to convey that same feeling to the readers, so he used a city that couldn’t be mistaken for anything else. Only few other events in history were as memorable as the fall of Babylon, so this means it has to be notorious.

Using Literature as a Gateway to Critical Thinking

Sometimes, the groans can be heard clear across a campus, and they resonate in memory for years. When a professor assigns a text for reading, anything from the poem â€Å"Just to say† by William Carlos Williams to Herman Melville’s â€Å"Moby Dick,† the students are rapid to react as if they have been handed a death sentence. In some cases, this is because they have so much their reading on their plates that they just feel overwhelmed, but many times, it is a matter of their previous failures to grasp anything meaningful from a literature assignment. This later is the primary point of importance in continuing to distribute the literature. Many university students lack a fundamental grasp on the tools they require to read and write critically, which in turns leaves them without the ability to think and reason in logical and critical terms. The influence of critical thinking on the success of a student at the university level is undeniable.   It will influence how well they comprehend the texts in front of them. It will affect the way in which they can relate one text to another across classroom and semester borders. It will also have a great effect in the way in which they can communicate their ideas to both their peers and their instructors. The way in which a student learns to read and produce written work will be the fundamental core of their language and communication abilities without regard to area of specialization. This learning begins very early in childhood. Learning to read as a child one develops a sense that the author is the beginning and end of the page, and the words used are there for the sole purpose of the surface story. Once a student is capable of surpassing this stage and he or she begins to consider the works on a deeper philosophical level the real learning begins. The student will begin reading for more than simple content and an entire new world will open up full of possibilities. Many students will never learn to recognize the deeper or more subtle meaning in many of the texts unless they are first exposed to it in literature.   Poetry is exceptionally useful for this purpose. The allusions, worked in through metaphor, simile, and symbolism, give a deeper insight to the position of the author from the outset. The famous lines of â€Å"This is Just to Say† by William Carlos Williams provides an excellent example for this type of inquiry: I have eaten the plums that were in the icebox and which you were probably saving for breakfast Forgive me they were delicious so sweet and so cold If five students are asked what the narrator is really speaking about, the instructor will likely get five, or more, differing opinions. The poem may be about real plums.   The poem may be about the consumption of personal space or time.   The poem may be speaking on the conceit that obtaining forgiveness for acting may be earier to obtain than permission. These tools allow the student to understand there is a greater depth to the approach than the simple words on the page as a literal expression of a real object, place, or person. At the same time, these keys offer a new light on the author’s angle of approach. Knowing where the author is coming from helps to weed out fallacious arguments, personal vendettas, and even suppositions masquerading as facts. While others ideas can help a reader to formulate their own intellectually sound opinions, those ideas will only be as firmly grounded as the foundation of facts they are based on. The number of times that something is presented as a fact, only to turn out to be an opinion may really shock and surprise many of the students who are used to opening a text for a class and consuming what is before them for regurgitation. This technique is particularly well suited to high schools where the teacher to student ratio often precludes discussion. When the students then have to begin seeking out secondary sources and turn to the internet for information they will have to confront decisions on what is ‘good information’ versus ‘bad information.’ They will not even be able to be certain that newspaper articles and TV shows presented as news are giving them the honest facts. Looking at headlines on the internet, with a tool such as Google News, you can instantly see how word choices affect the entire tone of a story and change meaning dramatically even when reporting on the same incident. By giving students the tools they need to think critically, through the exploration of literature, the universities will begin to overcome the most common objections to much of the assigned reading. These students will begin, and continue, to question even those facts and ideas that appeal to them. This will give them the ability to construct strong and fair opinions of their own. It will lead them to be more cautious when writing papers for any number of disciplines. Not only will they have the moral stamina to stand up for their opinions, they will be certain that their opinions and statements are both fully realized and backed up with good documentation. The trouble with literature in the classrooms is not in the amount of time spent on literature itself, but on the lack of time spent on discussing the literature to bring about these changes to the culpabilities of the students as critical thinkers. Just reading it is not good enough.   In order to derive a benefit which will deepen the experience of education, and therefore contribute more effectively to the community, the time must be taken to teach explication as well as construct. Defining the importance of literature for the students and then perusing the matter if educating with it as a matter of common course is imperative to the end result of a well educated individual. These individuals will return more to society than what they take from it. In order the continue to chip away at the disparity between classes, races, and even genders, it is important to continue to train students who will think and reason in logical and critical terms through the ability to read and write critically. Literature is as imperative as resource as the air they breathe.