Nikola Tesla Essays -- Tesla Coil Science Electricity Electron

Nikola Tesla is the worlds greatest inventor, not only at present yet in all history...His basic as well as revolutionary discoveries, for sheer audacity, have no equal in the annals of the in ascertainectual world. (Hugo Gernsback, science editor and publisher.)Father of Alternating Current and AC induction motors, Nikola Tesla is known best for the high voltage generator that bears his name- the Tesla Coil. But this limited recognition hardly does justice to his legacy as an inventor. His name should be placed besides Thomas Edison, perhaps his biggest rival, for his contributions to electronics. But while electromagnetism was Teslas primary focus during his life, the oscilloscope of his piss and ideas were not so limited. He had many strange inventions and discoveries, many of which where not realized because of his opponents or for personal reasons. Others, as we will see, were simply withal far-fetched or ambitious.But much of that storys been told before, just as it has be en for countless(prenominal) other great scientists and inventors. Here I hope to focus more on the nature of the man that gives birth to the idea of a global night- well-to-do or a mail tube beneath the Atlantic, and the other radical ideas that such a fountainhead could create. Its difficult to say why some of the more abnormal, and perhaps more interesting, details of history are forgotten or conveniently left out. peradventure for simplicity, or perhaps to make history look more noble and admirable. Personally, I believe its similar to people trying to forget their mistakes and the times they were less than bright, in order to create an exaggerated image of themselves. Similarly, history tries to forget its more embarrassing moments, so that it may create a more more noble... ...If she needed me, nothing else mattered. As long as I had her, there was a purpose in my life. Then one night as I was lying in my bed in the dark, solving problems, as usual, she flew in through th e open window and stood on my desk. I knew she wanted me she wanted to tell me something important so I got up and went to her. As I looked at her I knew she wanted to tell me- she was dying. And then, as I got her message, there came a light from her eyes- powerful beams of light...Yes, it was a real light, a powerful, dazzling, blinding light, a light more intense than I had ever produced by the most powerful lamps in my laboratory. When that pigeon died, something went out of my life.Up to that time I knew with a certainty that I would complete my work, no matter how ambitious my program, but when that something went out of my life I knew my lifes work was finished.

art :: essays research papers

Beginning with the media of watercolor her senior year, Sara Dosenberry, realized her love for the military personnel of art, creativity, and beauty. Jan Alfano, the inspiring art teacher favored watercolor, which is how Sara developed much of her technique. With her love of the all art she has realized an influence from music coming into play in some of her more current works. Another more current influence and most prominent in her works has been her past three vacations in Hawii. Displaying a very organic, realistic feel to her works, Sara enjoys potraying this through natural tropical scenes including seascapes, landscapes, and her favorite subject that appears repeatedly, palm trees. She is self expressive with her use of warm and bright colors, wild brush stroke, and realistic portrayals she is creating wonderful movement and fluidity. This provides a calmming relaxed and clean composition.In the future, hoping to find a career restoring paintings, Sara has choosin Kendall C ollege of Art and Design to fufill her education in this creative field. Included in her buns classes is three dimentional design class, which Sara find to be especially enjoyable and very open to creativity, unlike most other foundation classes which are mostly teaching technique. She is allowed freedom of expression while she still maintains her organic, soft and relaxed style.Beginning the semester with a very unique and original assignment, Sara responded using those homogeneous elements, using her very theme of palm trees. The project was a first and successful attempt to the beginning of three dimentional design. The nest objective was to create a modular form which she thought to be difficult and uncreative in terms of her exploring the projects limits. She was unsatisfied with her use of neitive space but still has learned a great deal from the project. A more current sculpture was developed with a media which was new to her, sculpey, a type of clay.

Truman Doctrine :: essays research papers

All things in history have a place and time. In fact we are history. Had it not been for the precedent events in world history, our existence could have been questionable. What would have happened if Hitler did take over the world? Would we be alive today? What if the cold war turned overheated at some point? All these doubts tend to help an individual realize that everything in world history happens for a specific reason and and so everything has its own time and place. One significant event in United States history had been the Vietnam War. However, the Vietnam War that I speak of didn&9472&8805t last from the mid 1960&9472&8805s to early 1970&9472&8805s. Rather, the events that had lead up to the proceedings of the situation in Vietnam began on March 12, 1947 with the creation of the Truman Doctrine. Proceeding founding War II, the threat of communism had been peculiarly high. In fact, the US feared the spread of communism within many undeveloped regions throughout the world . Therefore, within the Truman Doctrine incorporated the policy of containment. The policy guaranteed immediate help oneself to Greece in Turkey, which had been in danger of falling under communistic influences. Within such, the policy stated they would provide military and economic help to a coarse that was underdeveloped and being endangered. In reality, the policy was designed to secure countries that would easily fall to a communistic regime. hot seat Truman had established this to create a adept of security not for the US, but the world as a whole. Truman believed that Russia was out to spread the sphere of influence in the east. In return, the US had been there to proscribe such occurrences. Each country battled for its own beliefs. The policy of containment could be argued to be an initial yet distant spark for a happening in Vietnam. Nonetheless, President Truman left his imposing mark on the world history with his Doctrine and policy. Many still continue to argue that a ll post 1945 US remote Policies were in some way or shape related to the tactics of containment. In 1954, the Presidential tide was turned and the US was fresh out of a 3-year war campaign in Korea. The threat of communism had been rather high. The fear that life in the US might never be the same finish up the hearts of many Americans. No American was prepared to give up their rights that had been fought for so hard in not one, but two devastating World Wars.

The Colonization of Hawaii and Tourism Essay -- Hawaii Tourism History

The Colonization of Hawaii and TourismSince 1840 the Hawaiian Islands have been an escape to a tropical enlightenment for millions of tourists. citizenry all over the world encounter alluring, romanticized pictures of Hawaiis lush, tropical vegetation, exotic animals, beautiful beaches, crystal clear water, and fantastical women. This is the Hawaii tourists know. This is the Hawaii they visit. However, this Hawaii is a state of mind, a corporate-produced realise existing on the surface. More precisely, it is an aftermath of relentless colonization of the islands native inhabitants by the United States. These native Hawaiians experience a completely different Hawaii from the paradise tourists enjoy. No one makes this as clear as Haunani-Kay Trask, a native Hawaiian author. In her book, From a Native Daughter Colonialism and Sovereignty in Hawaii and with her poetry in Light in the Crevice Never Seen, Trask provides an intimate account of the tourist industrys impact on native Hawai ian culture. She presents a ban perspective of the violence, pollution, commercial development, and cultural exploitation produced by the tourist industry. Trask unveils the cruel reality of suffering and struggling through a native Hawaiian discourse. around of the world is unaware of this. To examine various discourses, it is crucial that the idea of discourse and the way in which discourses operate is clear. A discourse is a language, or more(prenominal) precisely, a way of representation and expression. These ways of talking, thinking, or representing a particular issuing or topic produce meaningful knowledge about the subject (Hall 205). Therefore, the importance of discourses lies in this meaningful knowledge, which reflects a groups ideolo... ...e (Trask xix). This incident beautifully illustrates and signifies tourisms impact in American society. Like most Americans, this woman uses a discourse that has been shaped by tourist advertisements and souvenirs. The womans sta tement implies that Trask resembles what the tourist industry projects, as if this image created Hawaiian culture. As Trask asserts, Hawaiian culture existed long before tourism and has been exploited by tourism in the form of advertisements and items such as postcards. Along with the violence, endangered environment, and poverty, this exploitation is what the tourist industry does not involve to show. However, this is the Hawaii Haunani-Kay Trask lives in everyday. This is Hawaii, once the most fragile and precious of sacred places, now transformed by the American behemoth into a dying land. Only a whispering spirit remains (Trask 19).

The Pitfalls of Title IX :: Argumentative Persuasive Essays

The Pitfalls of Title IX Living with a family that includes three very athletic sisters and me, I attend a number of girls/womans sports and in a few cases, boys sports. Nothing makes me happier than to see my 11-year-old sister tackle some little smart-ass boy who thinks that the provided thing she should be doing is playing with dolls. Or to see my other two sisters brag about how they both pinned boys in their younger years of wrestling, even though the kid probably never stepped on a mat again. I would like to see each of my sisters go on to support very successful careers in both athletics and in the economic world. I believe that Title IX is doing this job, but I am sure that this can be gone about in another way. What eurchs me the near is that in order for my dream of my sisters to become so successful in sports, mens sports have to be cut. This means that the opportunities that many young men have put so much time into are not available to them because of Title IX(every source that I have but one or two).In 1972, Congress passed the Educational Amendments. One section of this law, Title IX, prohibits discrimination against girls and women in federally funded education, including in athletics programs(Empowering). Since 1972, the number of women athletes that were attending college was represented by only 15% compared to a study taken in 1995 that showed that 37% were competing in college athletics while attending college. In the years 1992-1996 woman gained 23,166 participants in 17 different intercollegiate sports. In the same years, men only gained 12,518 in 21 different sports. The problem is that in many of these 21 mens sports on that point are a negative number of participants. In the same years and the same study, there was about 1,160 womans teams added to college sports. In the same study there was a gain of 576 mens teams which again there was a negative number of teams added in many sports(Riley). There has been multiple mens sports cut while everywhere the same period of time womans sports has done a nine fold. So, women are catching up to mens athletics, but they are doing it in the wrong typesetters case of manner. Mens sports are being cut to get this equity(Powers).In 1996, the Clinton administration

The Pitfalls of Title IX :: Argumentative Persuasive Essays

The Pitfalls of Title IX Living with a family that includes three actually athletic sisters and me, I attend a number of girls/womans sports and in a few cases, sons sports. Nothing makes me happier than to see my 11-year-old sister tackle some little smart-ass boy who thinks that the only thing she should be doing is playing with dolls. Or to hear my other two sisters brag about how they both pinned boys in their younger years of wrestling, take down though the kid probably never stepped on a mat again. I would like to see each of my sisters go on to spend a penny very successful careers in both athletics and in the economic world. I believe that Title IX is doing this job, but I am sure that this kitty be gone about in another way. What eurchs me the most is that in order for my dream of my sisters to become so successful in sports, mens sports have to be cut. This means that the opportunities that many young men have put so much time into are not available to them because of Title IX(every witness that I have but one or two).In 1972, Congress passed the Educational Amendments. One section of this law, Title IX, prohibits discrimination against girls and women in federally funded education, including in athletics programs(Empowering). Since 1972, the number of women athletes that were attending college was represented by only 15% compared to a study taken in 1995 that showed that 37% were competing in college athletics maculation attending college. In the years 1992-1996 woman gained 23,166 participants in 17 different intercollegiate sports. In the same years, men only gained 12,518 in 21 different sports. The problem is that in many of these 21 mens sports in that respect are a negative number of participants. In the same years and the same study, there was about 1,160 womans teams added to college sports. In the same study there was a gain of 576 mens teams which again there was a negative number of teams added in many sports(Riley). There has bee n multiple mens sports cut while over the same period of time womans sports has done a nine fold. So, women are catching up to mens athletics, but they are doing it in the wrong type of manner. Mens sports are being cut to get this equity(Powers).In 1996, the Clinton administration

Demarcation in Philosophy of Science Essay

The demarcation problem in the philosophy of cognition is about how to distinguish between science and nonscience, and more ad hocally, between science and pseudoscience (a possibleness or method doubtfully or mis featurenly held to be scientific). The debate continues after all over a blow of dialogue among philosophers of science and scientists in un equal welkins, and despite broad agreement on the basics of scientific method.The demarcation problem is the philosophical problem of find out what types of hypotheses should be considered scientific and what types should be considered pseudoscientific or non-scientific. It also concerns itself with the ongoing struggle between science and religion, in particular the question about which elements of spiritual doctrine can and should be subjected to scientific scrutiny. This is unitary of the central topics of the philosophy of science, and it has never been fully resolved.The Purpose of DemarcationDemarcations of science from pseudoscience can be make for both theoretical and practical reasons. From a theoretical point of view, the demarcation issue is an illuminating perspective that contributes to the philosophy of science. From a practical point of view, the tubercle is important for decision guidance in both private and public life. Since science is our most reli satisfactory source of knowledge in a liberal variety of beas, we need to distinguish scientific knowledge from its look-alikes. Due to the high status of science in present-day society, attempts to exaggerate the scientific status of various claims, teachings, and products are common enough to make the demarcation issue pressing in many areas. The demarcation issue is at that placefore important in many practical applications such as the followingHealthcare Medical science develops and trys treatments according to evidence of their efficiency. Pseudoscientific activities in this area give rise to unable and some cartridge holders da ngerous interventions. Healthcare providers, insurers, government authorities and most importantly patients need guidance on how to distinguish between checkup science and medical pseudoscience. Expert testimony It is essential for the rule of law that courts get the facts right. The reliability of different types of evidence mustiness be correctly determined, and expert testimony must be based on the best purchasable knowledge. Sometimes it is in the interest of litigants to present non-scientific claims as solid science. Therefore courts must be able to distinguish between science and pseudoscience.Environmental policies In raise to be on the safe side against potential disasters it may be legitimate to take preventive measures when there is valid but yet insufficient evidence of an environmental hazard. This must be distinguished from taking measures against an alleged hazard for which there is no valid evidence at all. Therefore, decision-makers in environmental policy mu st be able to distinguish between scientific and pseudoscientific claims. science education The promoters of some pseudosciences (notably creationism) try to introduce their teachings on school curricula. Teachers and school authorities need to have clear criteria of inclusion that protect students against unreliable and disproved teachings antediluvian patriarch Greek ScienceAn early attempt at demarcation can be seen in the efforts of Greek natural philosophers and medical practitioners to distinguish their methods and their accounts of nature from the fab or mystical accounts of their predecessors and contemporaries.Medical writers in the Hippocratic tradition maintained that their discussions were based on necessary demonstrations, a theme developed by Aristotle in his Posterior Analytics. One element of this polemic (passionate argument) for science was an insistence on a clear and definite presentation of arguments, rejecting the imagery, analogy, and myth of the old wisdom. Aristotle described at length what was involved in having scientific knowledge of something. To be scientific, he said, one must deal with causes, one must use discursive demonstration, and one must identify the universals which inhere in the particulars of sense.Criteria for DemarcationLogical Positivism also cognize as Verificationism* Held that only statements about empirical observations and formal logical propositions are meaning(prenominal), and that statements which are not derived in this manner (including religious and metaphysical statements) are by nature meaningless. * The Viennese philosophers who introduced the positivist range effectively determined the groundwork for the modern philosophy of science and one of its most important strands of thought. The early Positivists favored a sooner strict approach to the demarcation and potently affirmed the empirical nature of science, meaning that questions that cannot be empirically verified or falsified are irrelevant to scientific thought. * These philosophers, who called themselves logical positivists, argued that to produce a meaningful claim, one must al federal agencys return to the tangible observations that result from that claim. * By the late 1970s, its ideas were so generally recognized to be seriously defective.Falsifiability* Proposed by Karl Popper. In his monumental book, The Logic of Scientific Disco very he proposed the idea that scientific hypotheses must be falsifiable unfalsifiable hypotheses should be considered pseudoscience. Poppers emphasis on falsifiability changed the way scientists viewed the demarcation problem, and his impact on philosophy of science was enormous. * Poppers demarcation amount has been criticized both for excluding legitimate science and for giving some pseudosciences the status of world scientific.Postpositivism* Thomas Kuhn, an American historian and philosopher of science, is often connected with what has been called postpositivism.* In 1962, Kuhn published The Structure of Scientific Revolutions, which depicted the growing of the basic natural sciences in an in advance(p) way. According to Kuhn, the sciences do not uniformly progress strictly by scientific method. Rather, there are two fundamentally different phases of scientific development in the sciences. In the first phase, scientists work within a paradigm (set of accepted beliefs). When the foundation of the paradigm weakens and bran-new theories and scientific methods begin to replace it, the following phase of scientific discovery takes place. Kuhn believes that scientific progressthat is, progress from one paradigm to anotherhas no logical reasoning.He undermines science as a whole by arguing that what is considered science changes throughout history in such a way that there is no objective way (outside of time or place) to demarcate a scientific belief from a pseudoscientific belief. Science, Kuhn argues, is like politics institutions believe that certain ways are better than others at different points throughout history however, it is impossible to be more or less certain of our basic assumptions about the world. Within a democracy (a specific political paradigm) there can be progress an economy can grow, schools can be built, and people can be given healthcare. However, if a transition occurs and the country becomes socialist, the government is not inherently better or worse than before, but simply begins to follow a different set of assumptions.Paradigm fracture* A paradigm shift is a phenomenon described by philosopher Thomas Kuhn in The Structure of Scientific Revolutions. * Kuhn posited a process to explain the persistence of stupid ideas, and the seemingly rapid and sudden abandonment of these ideas when they finally are rejected. * People tend to believe in what they know, and science is basically conservative. A current paradigm or system is difficult to dislodge. It takes either a large volume of evidence, or a particularly powerful single piece of evidence to rustle major scientific theories (scientific revolution). When this occurs, it is called a paradigm shift.Lakatos research programs* Imre Lakatos combined elements of Popper and Kuhns philosophies with his excogitation of research programs. Programs that succeed at predicting novel facts are scientific, speckle ones that fail ultimately lapse into pseudoscience.Feyerabend and Lakatos* Kuhns work largely called into question Poppers demarcation, and emphasized the human, subjective quality of scientific change. Paul Feyerabend was concerned that the very question of demarcation was insidious science itself had no need of a demarcation criterion, but instead some philosophers were seeking to justify a excess position of authority from which science could dominate public discourse.Feyerabend argued that science does not in fact occupy a special place in footing of either its logic or method, and no claim to special authority made by scientists can be upheld. He argued that, within the history of scientific practice, no rule or method can be found that has not been violated or circumvented at some point in order to advance scientific knowledge. Both Lakatos and Feyerabend suggest that science is not an autonomous form of reasoning, but is inseparable from the larger body of human thought and inquiry.NOMA* The concept of Non-overlapping Magisteria is a relatively recent attempt at proposing a clear demarcation between science and religion. It explicitly restricts science to its naturalistic foundations, meaning that no conclusions about supernatural phenomena like gods may be drawn from within the confines of science. As to the supposed conflictbetween science and religion, no such conflict should exist because each subject has a legitimate magisterium, or domain of teaching authorityand these magisteria do not overlap.Criteria based on scientific progressPoppers demarcation criterion concerns the logical structure of theo ries. Imre Lakatos described this criterion as a rather stunning one. A theory may be scientific even if there is not a shred of evidence in its favour, and it may be pseudoscientific even if all the available evidence is in its favour. That is, the scientific or non-scientific character of a theory can be determined independently of the facts. Instead, Lakatos proposed a modification of Poppers criterion that he called sophisticated (methodological) falsificationism. On this view, the demarcation criterion should not be applied to an isolated hypothesis or theory but rather to a whole research program that is characterized by a series of theories successively replacing each other. In his view, a research program is progressive if the new theories make surprising predictions that are confirmed. In contrast, a degenerating research programme is characterized by theories being fabricated only in order to accommodate known facts.Progress in science is only possible if a research progra m satisfies the minimum requirement that each new theory that is developed in the program has a larger empirical content than its predecessor. If a research program does not satisfy this requirement, then it is pseudoscientific. According to Paul Thagard, a theory or discipline is pseudoscientific if it satisfies two criteria. One of these is that the theory fails to progress, and the other that the community of practitioners makes little attempt to develop the theory towards solutions of the problems, shows no concern for attempts to evaluate the theory in relation to others, and is selective in considering confirmations and disconfirmations.A major difference between his approach and that of Lakatos is that Lakatos would classify a nonprogressive discipline as pseudoscientific even if its practitioners work hard to improve it and turn it into a progressive discipline. In a somewhat similar vein, Daniel Rothbart (1990) emphasized the distinction between the standards that should be used when testing a theory and those that should be used when determining whether a theory should at all be tested. The latter, the eligibility criteria, include that the theory should encapsulate the explanatory success of its rival, and that it should yield test implications that are inconsistent with those of the rival.According to Rothbart, a theory is unscientific if it is not testworthy in this sense. George Reisch proposed that demarcation could be based on the requirement that a scientific discipline be adequately integrated into the other sciences. The various scientific disciplines have strong interconnections that are based on methodology, theory, similarity of models etc. Creationism, for instance, is not scientific because its basic principles and beliefs are incompatible with those that connect and unify the sciences. More generally speaking, says Reisch, an epistemic field is pseudoscientific if it cannot be incorporated into the existing network of established scien ces.Rejection of the Problem* Some philosophers have rejected the idea of the demarcation problem, such as Larry Laudan. Others like Susan Haack, while not rejecting the problem wholesale, argue that a misleading emphasis has been placed on the problem that results in getting stuck in arguments over definitions rather than evidence.Laudan* Larry Laudan concluded, after examining various historical attempts to establish a demarcation criterion, that philosophy has failed to deliver the goods in its attempts to distinguish science from non-scienceto distinguish science from pseudoscience. None of the foregone attempts would be accepted by a majority of philosophers nor, in his view, should they be accepted by them or by anyone else. He stated that many tenable beliefs are not scientific and, conversely, many scientific conjectures are not well-founded.3 Major Reasons why Demarcation is sometimes difficult* science changes over time,* science is heterogeneous and* established science itself is not free of the defects characteristic of pseudoscience

Gross Negligence Manslaughter Essay

In our judgement the law is clear. The ingredients of the offensive have been clearly defined, and the principles unyielding in the House of Lords in Adomako . They involve no uncertainty. The hypothetical citizen, seeking to know his his position, would be advised that, assuming he owed a duty of circumspection to the deceased which he had slackly broken, and that death resulted, he would be liable to conviction for manslaughter if, on the available evidence, the jury was satisfied that his thoughtlessness was perfect(a). Per Judge LJ R. v. Misra and Srivastava 2004 EWCA Crim 2375 parity 64 (in the Court of address Criminal Division) In light of the above comments, consider the elements of the offence of Gross Negligence Manslaughter and, referring to relevant authority, critically assess whether the rate of flow law in this domain is certain and satis pointory. This paper is going to consider elements of the offence of Gross Negligence Manslaughter and will assess, whethe r the current law in this area is certain and satisfactory.In order to discuss whether the law governing Gross Negligence Manslaughter is in a certain and satisfactory state, I need to runner consider its elements and then look at the current law, outlining the problems, and lastly discuss the proposed changes. Gross negligence manslaughter is a phase angle of involuntary manslaughter where the suspect is apparently performing lawfully. Involuntary manslaughter may arise where the defendant has caused death but neither intended to cause it nor intended to cause serious bodily harm and indeed lacks the mens rea of murder.Whereas formative manslaughter happens where the defendant commits an unlawful act which results in death, receipts negligence manslaughter does non depend on representing an unlawful act has been committed. It can be utter to apply where the defendant commits a lawful act in such a way as to render the actions criminal. Gross negligence manslaughter also dif fers from constructive manslaughter in that it can be committed by omission.The leading authority for clear negligence manslaughter is decision of the House of Lords in Adomako (1994) , where doctor Adomakos actions of negligence caused his patients death. It was unflinching by Lord Mackay, that liability for this type of manslaughter arises where the jury decides that Having regard to the risk of death mingled, the conduct of the defendant was as deadly in all the circumstances as to pith in their judgement to a criminal act or omission In Adomako, House of Lords decided that gross negligence rivulet is correct to use in all courtings where duty of care has been broken.According to Adomako case, the following elements are considered to be a form of this involuntary manslaughter the existence of a duty of care, die of that duty resulting in death and gross negligence which the jury consider justifies criminal conviction. I will now study the first element of the gross neglig ence manslaughter offence which is duty of care. The criminal law recognise certain duty situations, Adomako itself manifold a jailbreak of duty owed by a hospital anaesthetic towards a patient (under a contract of employment).The requirement of a duty of care is essentially a civil law concept found in the law of tort. (Wacker 2003). D owes a duty of care not to injure anyone whom he or she could reasonably foreseeably injure. Applying that to this context, there is a duty of care if there was a risk that an act or omission of the defendant might kill the victim. As it is a legal concept, it is for the judge to decide whether a set of facts gave rise to a duty of care. When bearing in mind the Adomako, the House of Lords approved the case of Stone v Dobinson (1977), in which D had undertaken a duty of care.The Miller principle, in turn, was used as the basis of the duty in the recent gross negligence manslaughter of Evans (2009), which decided that a duty may be impose on thos e who create or contribute to life threatening situation.. Alan Lidbury, in his book Criminal Law, asks the following question so is the ambit of the offence limited to those who, for whatever reason, have either undertaken or had a duty imposed upon them or should it be wider ?Lord Mackay LC, when considering the case of Adomako, verbalize that the ordinary principles of law of negligence apply to ascertain whether or not D has been in breach of a duty of care towards the victim. By looking at the above statement, it is clear that those same principles should apply in determining these people to whom a duty of care is owed. These principles can be found in the leading negligence case of Donoghue v Stevenson (1932).In this case, Lord Atkin in the House of Lords said you must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour () persons who are nearly and directly affected by my act that I ought reasonably to h ave them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called into question. It can be argued that this goes much further than the traditional duty situations. If this examination is correct, then this form of manslaughter has certainly a very wide scope. Nevertheless, the principles of criminal and civil law do not always go well together.This is demonstrated by the case of Wacker (2003), which involved the bodies of 58 embezzled immigrants and two survivors which were found in a lorry at Dover. The D was convicted of 58 counts of manslaughter by gross negligence and appealed. He argued that because the illegal immigrants had shared the same purpose as him (gain access to the UK), he did not owe them a duty of care. This argument was rejected by Court of Appeal on the grounds that the public policy issues relating to civil law were different to criminal law and even where there was an fundamental unlawful purpose, he did not p revent criminal responsibility arising.The above case was followed by Willoughby (2004), where the court decided that D, as player in a joint enterprise, owed the other participant a duty of care. The next element of gross negligence manslaughter which needs to be examined is a breach of duty of care. The ordinary law of negligence applies to these cases, in that those with an established duty of care, must act as a reasonable person would do in their position. If they fail to do so they breach that duty. This is called an objective test and will be grounded upon defendants situation at the time of the breach.Thus, if the defendants actions were within the range of what was commonly reliable as being the standard practice, it will be problematic to describe such behaviour as falling far below the standard of a reasonable person in his position. An unqualified person is not to be judged at a lower standard than a qualified person. Hence the absence seizure of skill will not be a def ence if the conduct is considered negligent. If however, the defendant has precise skills and knowledge of a danger that the reasonable person would not have, his actions should be judged in the light of those skills or knowledge.This test is an objective test. In the case of R v DPP ex parte Jones (2000) it was decided that no take whether the defendant did not escalate the risk (the predictable risk of death) only that the risk would have been obvious to a reasonable person in the defendants position. The third and last element to consider is gross negligence. Just demonstrating that D has been in breach of a duty to another person and caused that persons death will certainly not lead to liability for gross negligence manslaughter. There is something more necessary.In Adomako, the House of Lords confirmed that the correct test for this spare component was gross negligence. This established a line of case law dating back to Bateman (1925), which as well as Adomako, involved negli gent treatment by a doctor which caused patient to die. In this cases, it was explained by Lord Hewart LCJ that in order to establish criminal liability for gross negligence the negligence of the accused went beyond a mere result of compensation between subjects and showed such disregard for the life and safety of others as to amount to a crime against the state and conduct deserving punishment.This passage may be criticised for being somewhat imprecise, it tells the jury to convict if they think that Ds negligence was bad enough to amount to the misconduct. Nevertheless, the Bateman test received approval from the House of Lords in Andrews v DPP (1937), which involved death by super negligent driving. The Bateman case has also been approved in Adomako, where Lord Mackay LC stated that it was for the jury to consider whether the extent to which Ds conduct departed from the decorous standard of care incumbent on him () was such that it should be judged criminal .Lord Mackay acknow ledged that the test involves an element of circularity but was adamant that the matter had to be left to the jury. In Andrews, Lord Atkins at least offered some direction on exactly how bad Ds negligence has to be. He said that a very high degree of negligence is required to be proved. Mere inattention by D would never set for criminal liability, D must have had a criminal disregard for others safety or the grossest unawareness or the most criminal inattention.In Mistra v Srivastava (2004), Court of Appeal held that the components of gross negligence manslaughter involved no vagueness which offended against Article 7 of the European Convention of Human Rights, which provides that no one shall be guilty of any criminal offence on the basis of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed () It had been argued that the application of the ECHR into British law via Human Rights Act 1998 meant that the principles set in Adomako were no longer a good law.The disagreement was put for the appellants that condition leaves it to the jury to decide a query of law, specifically whether the negligence initiating death amounted to gross negligence and so created a crime. To leave this assessment to be accomplished by different juries at each individual trial affords too lower-ranking direction to those who owe duties of care. This absence of precision is compounded by indirectness gross negligence manslaughter is any killing in breach of duty found to be grossly negligent.The disagreement failed. The court did not reflect that the jury had a law-making role when determining, on the facts demonstrated, whether D was guilty of manslaughter on the basis of a negligent breach of burden owed to victim. Whether the negligence was effectively bad as to be gross negligence was a matter of fact. If the jury made a resultant to this effect, a decision of guilty would follow inevitably on the b asis of the conclusion the verdict of guilt was not something complementary to the outcome.The jury were merely decision facts within the boundaries of a legal standard, and the legal standard was reasonably clear to enthral the necessities of Article 7. On the face of it, the Article 7 dispute had circumstance strength. If someone remained to request, say, in what situations would D be said to have murdered V, we could tell our inquirer that, all other things comparable, D murders V if he causes Vs death with intent to kill or to cause really serious bodily harm. If there is time and patience, we could go on and tell him some the history of the courts and the sense of intent, the notions of the law of provocation, etc.But if, sensibly, we restrain ourselves to a simple explanation of the offence, we have specified sufficient proof to allow any person of ordinary personality to stay clear of the rules of the law of homicide. So far if we were enquired by D, a young medic at the be ginning of her profession, what she must do if she is not to be sentenced for manslaughter, the discussion would unavoidably be longer. For instance, she might ask what would be her situation if, throughout the path of a widespread of infection, she misdiagnosed Vs meningitis as a case of flu, a fault which leads to the decease of victim.She might additionally ask whether her inexperience and any fatigue from overtask would be factors in her support, or whether it would be applicable if she was seeing many cases of flu at the period which presented signs comparable to those experienced by victim. Undoubtedly we could offer support implied in general terms, but to offer anything impending adequate direction we would need to talk to an experienced and qualified medical consultant to catch some system of logic of how bad a fault it is to cloud flu with meningitis.Coming to conclusion, the fact of the matter is that if a legal system in the common law coiffure is to avoid unnecessary particularity in criminal guideline, for many offences it must use, as definitional features, evaluative principles of substantial generality. Regularly, the most the law will say are things like, if you drive a car, drive with due care and attention, if you take and retain someone elses property, and make sure you are acting honestly. Numerous of additional samples could be specified.Wherever the jury is given the concluding say on whether D has failed to encounter such a standard, its task is observed, juridical, as concerning an outcome of fact rather than a judgment of law. Much would be vanished if violations reliant on on such outcomes were to be eliminated from the law. Regrettably, one price to be paid is that individuals matter to laws drafted in this way can only be assumed with comprehensive, ball park advice as to the conditions where they can misbehave against such laws. That seems to be satisfactory to please the necessities of Article 7.

Nick Carraway Essay

What kind of a person is gouge Carraway? How might cut offs narration color the way readers view other characters? Provide examples. Is cut a reliable character? Provide examples from the novel to support your responses. Nick Carraway narrates The Great Gatsby. He values knowledge and is very observant making him a good narrator. In The Great Gatsby, all the characters tend to like him and rely him with their secrets. In the beginning, Daisy talks to Nick in private and tells him of when she had her baby girl. She said, Im glad its a girl.And I hope shell be a fool-thats the best thing a girl can be in this world, a beautiful little fool (17). Daisy thinks that the best way to slow get through life as a girl is to be stupid and pretty so she can marry a rich macrocosm and not have a worry in the world, which is what Daisy is doing. However, when Tom asks Nick if Daisy told him something, she lies and says they talked about horses. She was open to Nick to tell him her thoughts, but wanted it to be a secret from Tom. Nick understands the eastern way of living with the partying, alcohol, and money.He shows the good sides of characters and the bad sides. He is a reliable character because although he adds in his aslant opinions, he also tells the readers of the characters true personality and their actions. A. Through Nick, how does Fitzgerald describe each of your characters? What is Fitzgerald saying about each of your characters? Through Nick, Fitzgerald describes Tom Buchanan as a toughened straw-haired man of thirty with a rather hard mouth and a supercilious manner (7). Through Fitzgeralds diction, you can tell that Tom is arrogant and aggressive.Physically, he is described as big with muscles, a cruel body (7). To add to his big, arrogant figure, his voice is a gruff husky tenor added to the mental picture of fractiousness he conveyed (7). He has a personality and look that strikes fear in people and he moves around with aggressiveness. Myers Wolfs heim is described as a small, falt-nosed Jew (69) with a large head. He is cautious and conservative possibly suspicious and paranoid because of the business he deals with. In The Great Gatsby, his nose is repeatedly addressed. B.Do your characters convertdo they change or remain the same throughout chapters 1-5? If the character changes, how so? Do your characters mature? Grow? Regress? Please explain Myers Wolfsheim does not change much in chapters 1-5. He is not mentioned very often. Tom Buchanan does change and show more of his personality to Nick from the beginning towards chapter 3. You are truly allowed to see Tom when he takes Nick to meet his mistress, Myrtle. In the hotel room, he portrays his aggression when he hit Myrtle in the face, causing her to bleed.His character does not mature, but however regresses from the first 5 chapters. In the beginning, he seems sophisticated when he was talking about books and long words. Then he regressed when he went to the apartment building with Myrtle, Nick, and the rest of the party. He drank himself silly and cheated on his wife. C. What do these characters teach Nick about himself? What do these characters say about Nick? These characters teach Nick that he is different from the urban, fast-paced life of the East.Compared to Tom and Myers, Nick seems like a boring bond man coming fresh out of the wolfram into this new world of liquor, parties, and money. D. What do we learn about Gatsby through the characters? In chapter 4, Myers tells Nick about Gatsbys life. He tells him about Gatsbys time at Oxford and builds Gatsby up to be a really good, perfect man, the kind of man youd like to take home and introduce to your bugger off and sister (72). You are unable to learn much about Gatsby through Tom. Tom doesnt know Gatsby that well and has never been to one of his parties until Nick takes them.

With reference to the case law on direct effect, critically discuss the extent to which this concept (direct effect) is an effective means of protecting an individual’s European Union Law rights.

Introduction address piece seeks to ensure that the rights of individuals ar macrocosm protected under EU Law1. This is not ceaselessly achievable since EU Law is popularly only directly effective against national authorities. As such, individuals seatnot usually invoke EU Law against other individuals unless the EU Law provide are so farly directly effective. This suggests that the concept of direct effect is not that effective in defend an individuals European nub Law rights. In light of recent case law, the courts are now using vertical direct effect as a stylus of invoking EU Law by demonstrating that the provisions give effect to general patterns of EU law. This essay allow critically discuss the extent to which individual rights are being protected by reviewing the case law in this area.European Union LawParliamentary sovereignty renders Parliament the most supreme effective authority in the UK. The courts are unable to overrule any decisions made by Parliament and no Parliament is capable of passing laws that future Parliaments exit be unable to change2. Since the UKs entry into the European Union (EU) in 1972 and the implementation of the Human Rights Act 1998, the sovereignty of parliament has been significantly weakened. This is primarily delinquent to the fact that EU Law has direct effect under the European Communities Act 1972. EU Law can be used to dis-apply acts of parliament and hook previous decisions3. This protects individual rights by allowing them to use the direct effect principle to invoke EU Law. The principle of direct effect confers rights on individuals which all fraction States must recognise and enforce and although the principle is not explicitly provided for under any of the Treaties of the EU, it has been recognised through various case law such as Van Gend en Loos v Netherlands Inland Revenue Administration4. Here, it was made clear that in the event of a confliction amongst EU Law and national legislation, EU Law will always prevail. This decision recognised for the first time that the supremacy of the EU would always be upheld through the principle of direct effect.Direct EffectThe decision in Van Gend en Loos focused upon the rights of individuals against the state and not against other individuals. This issue was subsequently addressed in Defrenne v SABENA5 when it was historied that there exists two different types of direct effect vertical and flat. The distinction between the two would depend upon the person or entity the right was being implemented against. Vertical direct effect is concerned with the relationship between EU Law and national law, whilst horizontal direct effect is concerned with the relationship between individuals6. It was identified in the case that if a particular provision of EU Law is horizontally directly effective, then individuals will be able to imprecate upon that provision to enforce EU Law against another individual. Although this is necessary in ensuring that the rights of individuals are being protected by all, there are only trammel EU Law provisions that are horizontally directly effective. The rights of individuals may still be violated by other individuals and companies. This shows that the principle of direct effect may not always be an effective means of protecting an individuals EU Law rights. Consequently, the principle is only effective when it comes to EU regulations and is not that effective when trying to enforce directives. This is due to the fact that directives are not generally given horizontal direct effect.The lack of directives that have horizontal direct effect was identified by AG Jacobs in Nicole Vaneetveld v Le third house SA7 when he argued that there would exist greater legal demonstration and a more coherent system if the provisions of a leading were held in appropriate circumstances to be directly enforceable against individuals. Arguably, because directives do not always have horizontal dire ct effect, it cannot be said that the rights of individuals are being fully protected under EU law as violations can still occur. In Van Duyn v Home Office8 the courts made it clear that vertical direct effect would apply to Directives if individuals were prevented from taking it into consideration as an piece of Community law. In addition, it is declared under Article 249 EC (now Art 288 of the Treaty on the Functioning of the European Union) that Directives should be binding upon segment States, though the decision is left for the courts to decide based upon the particular facts and circumstances of the case. Individuals thus have the ability to invoke Directives before the courts, yet their rights cannot always be guaranteed. Furthermore, if the Directive is sufficiently clear and precise, unconditional, leaving no room for discretion in implementation9 it is unlikely that the courts will be able to make a decision by weighing up the particular circumstances of the case. Only i f a Directive is not sufficiently precise and deemed unworkable by the court, will national authorities be able to intervene.Essentially, it is evident that direct effect will not always apply to directives and as asserted by Tovey somewhat policy decisions needed to be developed and articulated for Directives to be accorded direct effect10. In Marshall v Southampton and South-West Hampshire Area Health part (Teaching)11 it was held that a Directive cannot be directly enforceable against individuals, however in Grad v Finanzamt Traunstein12 it was signified that because Directives imposed obligations which were to achieve a desired result, they could be directly effective. Moreover, in Pubblico Ministero v Ratt13 it was stated that Directives would not have direct effect if Member States had not implemented the Directive within the time allowed for its implementation. The counterpoint case law decisions in this area are likely to cause confusion as to whether directives are capab le of having direct effect, though it seems as though the decision will be made on a case by case basis. Whether this limits the suretys under EU Law is likely as the provisions will not always be able to be invoked. Recent case law surrounding the direct effect of EU Law has prompted even more confusion. This is because, whilst the courts have made many attempts to reject extending horizontal direct effect to directives (Faccini Dori v Recreb Srl14), it is now questionable whether this is still the case since the decisions of Mangold v Helm15 and Kucukdeveci v Swedex GmbH & Co KG16.Individuals EU Law Rights In Mangold the court held that national courts were under a duty to adopt the provisions of a Directive and set aside conflicting national law even if the time limit for transposition had not yet expired. It seemed that a sweet principle was being established by the court as Directives were originally only capable of having direct effect after the transposition date. In Kucukd eveci it was held that although Directives did not have horizontal direct effect, they were not prepared to apply national legislation as this would infringe the individuals rights under EU Law. Instead, it was found that the principle of non-discrimination was a general principle of EU Law and that the national court was therefore under a duty to dis-apply national legislation that violated this principle. This case seemed to suggest that even when a directive is not horizontally directive effective, an individual can still invoke EU Law against another individual by applying the general principles of EU Law. The court in Re Honeywell17 questioned whether the Mangold decision was ultra vires, yet because age discrimination fell within the competencies of EU Law, it was found that no new competencies had been created. Consequently, whilst it generally depends upon the nature of the case as to whether direct effect will be applicable, it is capable of being used as an effective means of protecting an individuals rights whether this be via horizontal or vertical direct effect. The case law in this area suggests that if a Directive gives effect to general principles of EU law, national legislation which conflicts with the Directive must be dis-applied by national courts.ConclusionIn light of recent case law decisions, the protection that is being afforded to individuals under EU Law is now more effective through the principle of direct effect than it ever was. Previously, if an EU Law provision did not have horizontal direct effect, individuals could not invoke EU Law against another individual such as their employer. This resulted in discriminatory discussion and prevented individuals from relying upon their rights under EU Law. Since Mangold and Kucukdeveci, individuals will be capable of invoking Directives that give effect to general principles of EU law against other individuals.BibliographyText Books Alina Kaczorowska, European Union Law (Routledge 2013).J ohn Fairhurst, Law of the European Union (Pearson Education, 2010).Lorna Woods and Phillipa Watson, Textbook on EU Law, (12th Edn, Oxford University Press, 2014).Nigel Foster, Foster on EU Law (OUP Oxford 2011) 219.Online Journal Articles Gwyn Tovey, European Union Law (2011) EU Law and National Law, accessed 02 December 2014.Parliament, Parliamentary Sovereignty (UK Parliament) accessed 01 December 2014Case Law Defrenne v SABENA Case 2/74 1974 ECR 631 Grad v Finanzamt Traunstein Case 9/70, 1970 ECR 825Faccini Dori v Recreb Srl Case 91/92 1995 in all ER (EC) 1Kucukdeveci v Swedex GmbH & Co KG 2010 All ER (EC) 867)Mangold v Helm 2006 All ER (EC) 383Marshall v Southampton and South-West Hampshire Area Health Authority (Teaching) 1986 ECR 723 Nicole Vaneetveld v Le Foyer SA Case 316/93, 1994 ECR 1-793 290Pubblico Ministero v Ratt Case 148/78, 1979 ECR 1629Re Honeywell 2011 1 CMLR 1067 Van Gend en Loos v Netherlands Inland Revenue Administration 1963 ECR 1