Comparison Of Hobbes’ And Locke’s Political Philosophies Essay

Thomas Hobbes and John Locke are both contemporary philosophers who were made famous for their political philosophies especially on areas of government and the community. Although Hobbes was born forty one years ahead of Locke, both have agreed on certain ideas but remained in contrast with others. In this paper we will try to compare the main philosophies held by Hobbes and Locke, focusing on their opinions on government, community, leadership and the concept of social contract or covenant. This paper will also attempt to align the said philosophies in contemporary events particularly in the American life after September 11 attack. At the end of this paper, this author aims to establish the fact that Locke’s political philosophies are more practical, consistent and acceptable over that of Hobbes. Hobbes and Locke are particularly interested in human beings and how they interact with the world. Both believing in the existence of God, they both insist that human beings need a leader- a feature of human community that is a vital element of their survival. 1â€Å"Without a leader, the country would fall away into nothing†. They however differ on the type of leader that a community should have in order to survive. For Hobbes, there’s only one man that should rule or govern the people, and that is a king (Hobbes, Thomas 1994, p. 83). Hobbes maintains that it is only this king who should be given the authority and the responsibility to write laws, make decision and consequently of controlling the people. In order for people to survive, people are therefore compelled to obey the commands of the ruler, both in religious and government matters. Locke however believes the other way around. For John Locke, it is rather the people who should run the government and not the king. Consequently, Locke points to the idea that the responsibility of uniting and taking care of the needs of the whole community lies in the hands of the people and not on the sole control of one person. Unlike Hobbes, Locke somehow points to a democratic form of government wherein the people are given the right to participate in all affairs of the government including the responsibility of deciding what is best for the general public. Locke also suggests that the people should rather have to decide on who they wanted to rule over them. Moreover, since the power lies on the people, they have the right to overthrow a wicked ruler in the same way as they have decided to have him seated in the position (Locke, John 1997, p. 22). Because Hobbes maintains authoritarian form of government, he insists that 1â€Å"society could not exist except by the power of the state†. This is directly contrary to Locke’s view that man is inherently a social being and thus has the need and the ability to interact with others. Hobbes idea then simply would suggest that man is necessarily a creature that cannot decide for him nor does he has the ability to discern what is good and what is evil because he needs a ruler in order to establish a society. Moreover the statement suggests that man has to submit to an authority and after which all individual rights are gone and so man is compelled to obey. It is also important to note that Hobbes, in this aspect believes that man does not have the right to rebel against the ruler since the latter is assumed to be someone who does all things good and lawful. For Hobbes, the right thing for man to do is to shut up and obey and once this is done, anyone does not have the right to kill the obedient one. Because the state is the supreme ruler in the society, the ruler then is assumed to be wise enough to the point that all his affairs, his views and decisions are deemed just. Hobbes also assumes that 1â€Å"all of society is a direct creation of the state and a reflection of the will of the ruler†. Locke however has a better and more practical idea that is obviously been the basis of most governments, especially those that employ the democratic form of government. On the concept of social contract, Locke believes that by giving up our rights to â€Å"exact retribution for crimes†, we are in return given the right to just, impartial protection of our properties and out lives (Harris, Ian 1994). Relative to this, man still retain his rights to life and liberty. The state, according to Locke has only one role, and that is 1â€Å"to ensure that justice is seen to be done†. The ruler therefore is necessarily not the sole decision maker in the society, rather he is just an instrument appointed by the general public to serve justice and maintain peace. The government therefore, as peacemakers should not be involved in any form of injustice or any act that may disturb peace in the society. Otherwise, Locke believes that the people are given the right to kill or overthrow the ruler. Although Hobbes is in favor of the unlimited power of the state, he justified his point well by stating that the purpose of such unlimited power is to end all conflict and contention. Because he regarded people as creatures who are incapable of knowing what is good and evil, Hobbes believes that people have the tendency to freely live a material life which would result into conflict. Thus the avoid this, the state is given the sole and unlimited power over them. 1Both Hobbes and Locke believe that there is an implied contract between the state and the people as soon as a ruler is being placed in power. The difference however is that Locke regard that contract as something that impliedly sets the ruler as a judge over the affairs of the people while Hobbes set that contract as something that sets the ruler as a master of the people. Hobbes points out â€Å"all contracts are binding, even if entered into from fear of violence or pain of death† (Hobbes, 1994 p. 86). Hobbes does maintains that man does not have the ability to recognize good from evil because he believes that good and evil are established and defined by the will of the state (Hobbes, 1994 p. 28). This means that good and evil exist only because something or things are defined as such by the ruler. Hobbes then points to the idea that there exist no definite standard or basis for man to know what is the right thing to do and what is wrong. As with the idea of property and its ownership, Hobbes believes that the state is the one defining the property of somebody. Because man cannot discern good from evil, human beings without the state or the ruler cannot live in peace. Hobbes further assumes that peace can only exist and reign in a society when its people subject themselves to one absolute and common master. From here Hobbes might be suggesting that it is impossible for the world to experience peace since the world does have different rulers. On the other hand, Locke believes that humans inherently has the capacity to discern what is good from evil and are therefore capable of knowing what is lawful and what is not. â€Å"Most importantly, they are capable of telling the difference between what is theirs and what belongs to someone else† (Locke, John 2002, p. 87). Locke however recognizes the fact that despite this inherent capacity and ability, humans act the other way around. In Locke’s view, the only norm should be peace and nothing else (Cox, R. H. 1960, p. 32). Unlike Hobbes, Locke believes that man has the capacity to live in peace by refraining from hurting other and from molesting or invading their properties. Since man has the inherent capacity to discern what is good from evil, it not therefore impossible for the world to achieve peace even with the existence of different rulers. All rulers of different countries in the world are human beings who are supposed to be mature and wise enough to know what is best for their people. Because most of these rulers are elected by the people, then it is likely that it is the general preference of the people that dominates the government affairs. I also agree with Locke that when the ruler placed by the people on the seat of power abused his political powers, then the people have all the right to overthrow him and replace with somebody deserving. In the contemporary world, Hobbes and Locke’s political theories can still be relevant especially that these have, in bulk, something to do with rights and liberties of the people and the role of the government on managing the lives of its people. After the September 11 attack, the American government has been very vigilant and has somehow gone beyond the normal process of ensuring the security of the Americans. Such security measures are so rigid and strict to the point that the freedom-loving Americans thought there are losing much of their liberties. The government in defense ensures the public that such implementation of security measures plainly for national security. As for me, such measures are preferred because my security, that of my family and all Americans is of higher importance than my liberties. Let us remember that the role of the state is to ensure that justice is being served at all times, as Locke maintains. Part of serving justice is for the state to implement measures that see to it that nobody in its jurisdiction is being oppressed or hurt. To set up surveillance cameras, place military men in public places, have everyone’s baggage inspected in airports, hotels or malls are part of security measures and I do not see anything that suggests these things to be invading anyone’s liberties. Besides what is liberty if we will all die under crumbles of another attack? The President has been elected by the people and it is assumed that his rule has the consent of the majority. The American people are wise enough to discern who the best person at the Presidential seat is. By casting our votes, we are entrusting our security and the general condition of the American people in the hands on the person we voted upon. To entrust our security to the elected President does not mean we are being robots who have nothing more to do but to shut up and obey as what Hobbes suggest. To have security measures implemented in public places does not at all violate our liberties and thus we do not need to regain them. I believe that the American government still acts within the limits of justice and that I still regard all measures to be actions wherein human security rather than vengeance is of higher priority. I believe that the American government has not yet failed with its task of protecting its people so we as citizens do not have yet the right to rebel or withdraw our support. Let us remember that failure to take its primary responsibility is the only requisite Locke has provided in order for the people to have reasons to rebel. We still have our full liberties with us and security measures are implemented in order to regain one thing we have lost in the 911 attack: justice. BIBLIOGRAPHY Cox, R. H. Locke on War and Peace. OUP: Oxford, 1960. Harris, Ian. The Mind of John Locke. CUP: Cambridge, 1994. An excellent contextual analysis of the political and religious mindset of Locke’s Britain. Hobbes, Thomas. The Leviathan. Ed. Edwin Curley. Indianapolis: Hacket. 1994. Locke, John. â€Å"Essay on the Law of Nature. † In Political Writings. Cambridge Texts in the History of Political Thought. Ed. Mark Goldie. CUP: Cambridge, 2002. 1Locke versus Hobbes. 24 November 2007. < http://www. jim. com/hobbes. htm> Locke, John. Two Treatises of Government. Cambridge Texts in the History of Political Thought. Ed. Peter Laslett. CUP: Cambridge, 1997. Locke, John. â€Å"Two Tracts on Government. † In Political Writings. Cambridge Texts in the History of Political Thought. Ed. Mark Goldie. CUP: Cambridge, 2002.

Corporate Law- Promoter Essay

Rolly approached Molly and Polly and asked them to be shareholders to form a company. Then Rolly acquired a shop lot worth RM350,000 in order to prepare for the company in future. She bought this shop lot below the market price as the vendor was looking urgently to sell it. After the company is formed, she sold the shop lot to Jiggles Sdn. Bhd. at market price. Thus, she gained a lucrative profit of RM200,000 without the knowledge of any other party. Definition of promoter Section 4(1) of the Companies Act 1965 defined promoter is a person preparing prospectus. (not limited to this definition alone) According to Cockburn CJ in Twycross v Grant (1877), a promoter is a â€Å"person who undertakes to form a company with reference to a given object and set it going and takes the necessary steps to accomplish the purpose†. (Company Law in Malaysia, pg42) A promoter may be a natural person for example when the sole proprietor promotes a company to take over his business. (Company Law in Malaysia, pg42) The promotion process includes negotiations, registration of the company, obtaining directors and shareholders and preparing the paper work. In this case, Rolly is the promoter of Jiggles Sdn. Bhd as she meets the definition of promoters. She is a sole proprietor who selling cupcakes, promoted the company to take over her business. Besides, she also obtained shareholders by approaching Molly and Polly. Promoters’ duties Thus, Rolly is under a fiduciary relationship with the company. She has an obligation to act in good faith for the best interest of the company and must avoid conflict of interest which will affect her behavior. Under the duty of promoter, promoter should not make secret profit, defraud the company by active concealment, disclose confidential information, hides any personal interest. On the other hand, they should make a true and honest account to the company for his dealing on behalf of the company and make full and frank disclosure to shareholders and directors. In this case, Rolly had breached her fiduciary duty. She had made a secret profit of RM200,000. She did not make full and frank disclosure of her interest to the shareholders and directors of the company. She had hide her personal interest. Thus, where Rolly fails to declare her interest in the contract with the company she is promoting, the contract is voidable at the company’s  option as in the case of Erlanger v New Sombrero Phosphate Co (1878). Remedies of breach of duty As in the case of Erlanger v New Sombrero Phosphate Co (1878), the contract is voidable at the company’s option. Thus, the company may avail itself of the following remedies. The company may rescind the contract, claim for damages or recovery of secret profit. Rescind the contract-The company may choose to put an end to the contract. If the company terminates the contract, both parties are to return the benefits received. Thus, the company has to return the shop lot and Rolly has to return the purchase price received. Damages- The court may order Rolly to pay damages to the company for loss incurred when rescission is not possible, as in the case of Re Leeds and Handley Treatres of Variety. Recovery of secret profits- When rescission is not possible or the company does not want to rescind the contract, the company can recover the secret profit made by Rolly.

Business environment Research Paper Example | Topics and Well Written Essays - 3000 words

Business environment - Research Paper Example Under these marketing conditions, a 'Dominant Strategy' is a course of action which would be followed in response to any course of action taken by the other player. 3. Hiphop or Garries will earn a profit of 6,400 if the other one charge a priced 11 per piece and whoever charges 11 will get a margin of 1,800 because in that situation the other player will charge 10 and sell more units. Collusion between parties occurs when they act in common interest and trust each other. The best example for Collusion is the OPEC where the petroleum prices are fixed in consultation with all the member countries to the maximum advantage of the countries concerned. In collusion there will be an interaction between the players who want to maximize their earnings. By colluding the players divide the total market among themselves and by charging the same price they also share the profits that the business offers. There are still first mover advantages, such as the chance to gain early market share, but without the backing of the right customers and constant innovation, it's always possible to loose the advantages. The advantages that the first entrant gets may not be available to the second one. When both the companies Burger Binge and McDennys want t... Observation on Collusion from the Matrix: From the pay off matrix drawn the following observation is made for collusion: 1. when both Hiphop and Garries charge same price of 11 each one make a profit of 4,500 2. It may be observed this profit of 4,500 is in excess by 500 than what they made while they were selling 10 per piece This is the result of the agreement between both the players to sell the product at 11 and that is the effect of the retailer's collusion. EXPLANATION FOR FIRST MOVER ADVANTAGE: "First Mover Advantage is a notion that being first in a market place gives the first mover an insuperable competitive edge." - David M Katz There are still first mover advantages, such as the chance to gain early market share, but without the backing of the right customers and constant innovation, it's always possible to loose the advantages. The advantages that the first entrant gets may not be available to the second one. I have made the pay off matrix for companies Burger Binge and McDennys with the help of the data provided. Burger Binge McDennys Begin Operation Stay Away Begin Operation - 100,000 - 100,000 0 250,000 Stay Away 250,000 0 0 0 Observation: When both the companies Burger Binge and McDennys want to operate their business it is not possible for both of them to earn any profit. This is what is observed from the matrix. Alternatively if one decides to stay away from the business the other one can earn a profit of 250,000. For example if Burger Binge does the business and McDennys do not enter the market then Burger Binge gets the first mover advantage and earns 250,000. PART B PORTERS FIVE

English Composition-Progress and Process Reflection beyond the Assignment

English Composition-Progress and Process Reflection beyond the Classroom-Discussion - Assignment Example Teachers grading and mistakes highlighting have made me improve this area greatly. Also, group work and interchanging our article for peer examination have made me able to rate my work against that of the fellow writers and consequently I have been able to improve. Reading my work aloud has enabled me to identify and correct mistakes that may not be detected when reading quietly hence I have perfected my editing. I have been able to choose my words according to the impression I want to make and consequently my grammar has improved with time as I wrote on various topics. Through continuous writing, I have gained new writing skills such as painting word pictures and use of figurative language. This has made me able to make tangible writing reflections as well as creating strong meaning. These writing skills are very applicable beyond the classroom as they help in writing reports, strategies and plans at work. They are also very important in the grant application, online communication, emailing, and Curriculum vitae writing among others. In all these areas, grammatical errors and other poor writing skills may change the meaning of written information and therefore good writing skills become very important. Class work writing practices have helped me to become a better writer. Interacting with peers, being graded and research work introduced in class has med me better my writing skills.  

Relationship between mythology and earthly authority Research Paper

Relationship between mythology and earthly authority - Research Paper Example Studying different myths also enable scholars to establish the relationship between different races and the period of their separation. Myths have their basis in the existence of supernatural beings that have extra-ordinary powers. This aspect protects myths from challenges and preserves their credibility. Closely related to mythology is the earthly authority. Unlike mythology, earthly authority is based worldly governance and institutions. Although the two concepts are different, they share common roots and practices. This paper will therefore analyze the relationship between mythology and earthly authority. The paper achieves its objective by discussing the implications of myths on kingship authority. The reality of existence between myth and kingship stands out as the main difference between the two aspects. However, different kingships around the world existed in a close relationship with supernatural world. Relationship between earthly kingships was of immense interest to differ ent rulers since it strengthened their influence. Kingship acted as a link between the supernatural world and the mortal world. In this relationship, the earthly rulers acted as the mediator between the people and the supernatural world. In such cases, the people believed that their kings had direct conversations with their gods and ancestors. The kings or people in authority were also expected to offer sacrifices to the spirits in orders to reconcile them with the people. This usually happened when there was a catastrophe. People believed that catastrophe resulted when the spirits were angry with them. In such cases, the king was expected to offer sacrifice in order to reconcile the people with the spirit spiritual world (Richard, 2004). Kings not only offered sacrifice in order to reconcile the people with the spiritual world but they also offered sacrifice as a form of thanksgiving for a fortune that has taken place in the society. Although people believe in their earthly rulers, they have more faith and adoration to the spiritual world. This indicates that kings associated themselves with mythology in order to build their legitimacy among the people. Believing in spiritual world is human nature that enables people to explain their origin and relationship with the natural world. By acting as the mediator between the spiritual world and the earthly world, kings were able to win people’s confidence. This aspect also enhanced the legitimacy of the kings. Some earthly kings considered themselves as immortal, in such societies people considered the kings as gods. The ancient Egyptian society considered their kings as immediate after their gods. The Egyptians believed that their rulers had powers that were equivalent to the powers of their gods. Ancient Egyptian artifacts such as the pyramids of Giza and the Great Sphinx were constructed to demonstrate the immortal nature of the Egyptian pharaohs. These features demonstrated that different kings existed am ong the people despite them being dead. Egyptian kings also served as a link between the Egyptians and their gods. They played this role by maintaining Egyptian cults and religious practices. The kings also led religious activities within the society and maintained the temple. The king was also expected to protect the community from the chaotic world by maintaining a close a relationship with the gods. By playing this role, the kings appeared as direct apostles or earthly representative of the gods. This made the society to believe in their kings as they believed in their gods. Playing these roles also enabled the kings to win the confidence of their subject that was vital in strengthen their authority (Ions, 1982). Similarly, the Greeks considered their rulers to have a close

Are human beings fundamentally witnesses to or creators of reality Essay

Are human beings fundamentally witnesses to or creators of reality (Gay Science 301) - Essay Example ality, and his declaration that ‘God was Dead’ (Theory of Perspectivism, developed by Immanuel Kant), resulted in a lot of controversies and speculations over his works. Amongst many of his well known works, the book â€Å"The Gay Science† first published in 1882 was considered by the author to be the closest to his heart or the most personal. This article will examine closely the Book IV, aphorism #301, of â€Å"The Gay Science† and find out the underlying meaning, and study Nietzsche’s views on the topic â€Å"Are Human Beings Fundamentally Witnesses to or Creators of Reality?† The Gay Science was written during a very dark phase in the author’s life. Between 1876, when Untimely Meditations was published and 1882 when The Gay Science was published, Nietzsche had undergone terrible sickness and complete isolation, which gave him time for self introspection, and an overall development of his mental faculties, and a quest for the right path. Therefore it was almost inevitable that the book The Gay Science would reflect these dark times and thoughts, exploring the profundity of human psychological thoughts. However, by the time it was published his mood had invariably changed for the better, so the book also gives the readers a feeling of being alive and vigorous yet light, and to some extent of joyous happiness. At the end of Book I Nietzsche himself comments "Pardon me, my friends, I have ventured to paint my  happiness  on the wall† (Nietzsche, 2001, 65). Book IV, aphorism #301: The Book IV as a whole advocates on how to live well, and is a positive and heroic acceptance of life. It pays allegiance to the legend of Saint Januarius, and assumes the tone of a teacher giving advice. Aphorism 301 is extremely important as it speaks of further augmentation of the ‘higher being’, a state of existence developed by Nietzsche in the earlier parts, where he describes this ‘higher being’ as someone who is courageous and takes pleasure in a hard fight,

USGAAP and iGAAP Essay Example | Topics and Well Written Essays - 500 words

USGAAP and iGAAP - Essay Example There is a similarity between both the US GAAP and iGAAP, regarding the treatment of the impairment of assets that are held for disposal (Ochoa, 2010). Under both accounting methods, the impairment of the assets that is held for disposal is to be treated as the difference between the assets carrying amount, and the assets fair value. This difference becomes the amount of the loss of value of the asset, which is to be treated as expenditure. The other similarity in the treatment of intangible assets; is in the treatment of intangible assets acquired through business combination, especially when such intangible assets can be treated as different from the goodwill. The differentiation in such assets exists, if such assets can be transferred, licensed, rented, or exchanged (McClenahen & Jusko, 2002). Under both the US GAAP and iGAAP, such asset should be treated as normal business assets. There is a major disparity in the treatment of expenditure in research and development, under both the US GAAP and iGAAP. The US GAAP requires that all the expenditure that is incurred in the generation of internal intangibles to be factored in, as expenditure (Crovitz, 2008). Therefore, any costs involved in research and development is to be treated as expenditure, under US GAAP. However, the case is different under the iGAAP, which provides that there should be a distinction between the research expenses and the development expenses. The argument is that, the cost incurred in research has no certainty of generating future economic value, and thus it should be treated as expenditure (McClenahen & Jusko, 2002). On the other hand, all the costs incurred in development, which could lead to the generation of future income benefits, such as the development of brand value, should be treated as capital expenditure, and thus placed under capital (Ochoa, 2010). While both US GAAP and iGAAP treat the assets acquired

Health and safety Essay Example | Topics and Well Written Essays - 2500 words

Health and safety - Essay Example In this situation, the building is an educational institution with students, teachers and administrative staff. While constructing the new building, the aspect of health and safety of the people present in the old building and future health and safety concerns for the new building and its users should not be neglected. There are many chances of accidents and hazardous situations for which, there should be preventive measures and safety precautions that can be adopted by the people. There should be safe escape passages for the people, suitable equipment to control the situation and a professional security force to handle any hazardous situation (Managing health and safety in construction 2007). The major concern in constructing a new eight-storey is the closing of escape route that is opposite to the Leighton building. During construction, there can be a fire outbreak that cannot be handled if the fire escape route is closed. This report contains a detailed overview of the risks and hazards involved in constructing the new building, statutory requirements, safe systems of work for daily operations, control measures that should be adopted to reduce the risks and hazards involved. In case of a good structure, the building will offer lesser chances of damage to people present in it while in the opposite case, people’s lives will be endangered because of their presence in that building (Derek 1986). In this situation, the old building that is already there contains an escape route that is closed for the construction of new building. Huge machinery that is luffing tower crane will be operative outside an educational institution and the escape passage in case of any hazardous situation will be closed. This can create a problem and it should be considered in legal terms. Building regulations demand the inclusion of a safe passage in case of some disastrous situation (HSE 2006). The administration of School of Forensic and

Public economics paper Research Example | Topics and Well Written Essays - 1750 words - 1

Public economics - Research Paper Example Shifting Social Security aids to private accounts is a way of preventing Social Securitys anticipated forthcoming financial shortfall (Myles, 54). Privatization of Social Security would permit workers to control personal retirement money through personal investment accounts. Backers of private accounts argue that retirees would have the freedom to invest their retirement funds in the stock market as they aspire, theoretically gains huge returns than with government-invested money. Privatization programs are based on a modest idea. Instead of contributing to a collective or group, pay-as-you-go retirement plan, employees would be obligatory to build up retirement savings in directed private and individually owned accounts (Matthews and Dorothy 23). Workers can withdraw these funds from the accounts when they reached the retirement age or became disabled, and their beneficiaries could inherit any funds accumulated in the account if the employees died before reaching the retirement age or becoming disabled. At the time a worker chose to begin receiving a pension, all or some of the funds in the workers account would be changed into an annuity that would exist until the worker died. If the worker marries, both spouse, and worker might be needed to allow a j oint survivors annuity, this is to say, an annuity that would extant until both the spouse and worker have died. Under some suggestion, workers could choose to draw some of the finances as a massive distribution when they retire or disabled. Employees would be allowed to choose how their contributions were invested, within broad limits (Matthews and Dorothy 23). In few privatization programs, contributions would be collected by a semi-public or single public agency or group and then invested in one or more of a given number of investment funds. A worker might be provided with the choice of investing in, say, five various funds - a stock market index fund, a corporate bond fund, a money market fund, a real

Research paper Essay Example | Topics and Well Written Essays - 2250 words

Research paper - Essay Example Using the case studies reported by Mary Van Kleeck and Elizabeth C. Watson, and also the findings in the research of Jacob A. Riis, this paper will show how the children existed at that time. There will be references made to the law, and those required to enforce it, as well as to the organizations which sought to alleviate the suffering. One of the most poignant quotations in Watson's research, sums up the horror of the situation; when speaking to a little girl of about five years old, who cut out embroideries, n being asked how long she had been cutting embroidery, shrugged her little shoulders and replied, ! Ever since I was.(Watson, p.5) She lived in the Bronx where embroidery factories provided the work, and as soon as she could manage to use scissors, she helped in separating the strips of cloth. The question arises as to how and why such a set of circumstances was allowed to happen, to rob this child and thousands of others, of the natural, playful, learning experiences of a normal childhood. 'How the Other Half Lives', goes some way to providing answers. He explained the growth of the tenements as created by the need to house many very quickly, and how the rich moved out and away from the nice homes at the East River. Such houses were then taken over by 'real estate agents and boarding-house keepers' (Riis, Chp. 1 p1). The old houses became valuable commodities, where large rooms were divided into small, dark spaces, to squeeze more people in, make more money. The important fact of fixing the rents high because of the belief that the poor were destructive, immoral and lived in squalor: o cover damage and abuse from this class, from whom nothing was expected, and the most was made of them while they lasted(Riis, quoting a report to the Legislature, 1857, p.1) The need grew for more cheap housing; more immigrants came, wanting to be near their place of work, but the condition of that housing, and the fact that landowners or proprietors were also employers, kept people in the loop of poverty from which there was no escape. In his chapter on 'The Bohemians Tenement House Cigar Making', this system and the involvement of the children in the arduous task of just existing, he clarified thus: en, women and children work together seven days in the week in these cheerless tenements to make a living for the family, from the break of day till far into the night." (Riis, Chp.12,p.2) and.. ather, mother and son, together a full team, make from fifteen to sixteen dollars a week(Riis, p.3) They were paid $3.75 for 1,000 cigars, the parents had never had

Media’s Influence Essay Example for Free

Media’s Influence Essay From Congress to Clowns: Media’s Influence on Bow Tie Transformation The bow tie could easily be dubbed the ‘black sheep’ of the Cravat family. Its origins are none glamorous and it is rarely embraced, typically turned against and most often forgotten. It is noticed in only its fleeting moments of sheik or dreadfully offensive shock. Its history originating in utility and birthed from a distinguished sect was turned against with the advent of visual media. The bow tie was first seen in the 17th Century when Croatian mercenaries went to support King Louis in France (Pohl). To keep their shirts closed and to protect themselves from the elements they tied a loosely fit tie around their necks (Pohl). There is debate over whether the intention was strictly utilitarian; as long, lace neckwear was already a fashion in France there was likely some influence. King Louis quickly adopted the tie for fashion. He named it â€Å"La Cravat† and made it the required attire for upper class formal gatherings (Pohl). It continued its European trend and was brought along with colonization to America. The earliest bow ties were white and were worn for fashion and social class distinction. It remained in use during the 18th and 19th century, but was mainly isolated to politicians, lawyers and scholars as very formal and professional attire. Abraham Lincoln and many of our early presidents were often photographed wearing the bow tie reinforcing its representation of being a distinguished accessory. The first major shift in accepted bow tie use coincided with the changes in political ideology. A young America, wanting to distance itself from European classism removed the bow tie from accepted fashion practice. Outside of the very formal ‘black tie affair’ it was rarely seen. The general opinion of the bow tie changed as well, as it began to carry with it an air of pretense or snobbery. Warren St. John, a writer for the New York Times, describes this shift in thinking, To its devotees the bow tie suggests iconoclasm of an Old World sort, a fusty adherence to a contrarian point of view. The bow tie hints at intellectualism, real or feigned, and sometimes suggests technical acumen, perhaps because it is so hard to tie. Bow ties are worn by magicians, country doctors, lawyers and professors and by people hoping to look like the above. But perhaps most of all, wearing a bow tie is a way of broadcasting an aggressive lack of concern for what other people think (St. John). This idea changed in an important way in the 20th century. After decades of a clear break from European influence the bow tie made a come back, but in an interesting way. It was still fashionably outcast outside of formalwear, but it became an icon for individualism. â€Å"A list of bow tie devotees reads like a Whos Who of rugged individualists† (St. John). Interestingly this new trend coincides with the advent and surge in visual media, via film, news real, magazine and eventually television. â€Å"Mens clothier Jack Freedman told the New York Times that wearing a bow tie ‘is a statement maker’ that identifies a person as an individual because ‘its not generally in fashion’† (St. John). The bow tie would never be ‘generally in fashion’ even with visual access, but media helped to mold new thinking about it as a symbol and defined opinions of those who wore it. Its casual use was adopted by outspoken and prominent politicians, comedians, broadcasters, and many animated figures. The influence from Hollywood and T. V. media would create an impression that would stick. In T. V. and film comedians and animated characters personas who wore bow ties were portrayed as goofy, awkward, quirky or nerdy creating a stereotype that modern bow tie wearers can’t quite shake. Characters such as Jerry Lewis’ Nutty Professor and Paul Reubens’ Pee Wee Herman have helped perpetuate it. It is possible that Hollywood as an institution and ‘protector of class’ may have created these characterizations in rebellion to the adoption of the bow tie by mainstream individuals. Simmel writes, â€Å"the elite initiates a fashion and when the mass imitates it in an effort to eliminate the distinction of class, [the elite] abandon it for a different mode†. Acting on the elites behalf, visual media created and exposed these clownish views to turn the style ‘off’, to make it un-fashionable, so it could resume class distinction (541). Like the black sheep that it is, despite its sense of folly the bow tie also leaves the impression of being quite trustworthy. Many highly respected leaders, lawyers, politicians and broadcasters have donned them and some have even been branded by this signature piece. Winston Churchill was known for his signature blue and white polka-dot tie. Charles Osgood for his trademark tie worn during broadcasts. That sense of trust could stem from the idea that these men are brave enough to ‘go against fashion’ or because ‘they don’t care what people think’ we trust them to be more candid and honest. Advertisers picked up on this trend and companies such as Chevrolet and Budweiser have included the bow tie in their corporate logos. They also reinforced this association of trustworthiness and honesty with their campaign slogans. In 1996 Chevrolet wanted its â€Å"blue bow tie to be among America’s top icons again†, so it created a series of â€Å"15 second spots featuring just the bow tie in unexpected places with the printed tag ‘Genuine Chevrolet’ and the narration ‘the cars Americans trust’† (Halliday). Budweiser also made this association with their ad campaign featuring just their red bow tie logo and the words ‘Budweiser, True’. Though the bow tie has made a dramatic shift in the 20th century from a symbol of class distinction and distinguished conformity to a symbol of individualism and supposed trust, the bow tie has not waivered as the staple accessory of formal attire. There have been some recent adaptations, again brought on by Hollywood celebrities such as the black button cover or black bolo tie, but when alternates are chosen they are typically mocked by mainstream media. Black tie affair still means black bow tie by all accounts. The sophistication and style has been reinforced by celebrities in photos or films of formal dances, dinners and parties. Representing all the glamour of classic Hollywood and associated with the debonair Humphrey Bogart and Frank Sinatra. It has such a long standing tradition and symbol of what it means to be a sophisticated and classy gentleman that even Playboy picked it up and incorporated it into their bunny logo . In fact, Playboy’s use of the bow tie has in many ways taken the symbol full circle – the fantasy and money associated with having women and the ‘finer things’ in life really brings us right back to the ideas of class distinction and giving men something to aspire too. The bow tie has such an interesting history because essentially we aren’t sure what to think of it. Outside of its use as formal wear it doesn’t have a category or clear intention. Standing so far left of fashion it is one of those rare instances where those who chose to wear it really do demonstrate individuality and not out of a need for protest or desperation to be noticed. Finkelstein wrote, The basic irony of fashion is that it cannot succeed in marking the individual as truly different. While fashions may be touted as a means to be distinguished, the pursuit of fashion is more effectively a means of being socially homogenized. The historic success of being fashionable has been to provide a sense of individualism within a shared code, since individuals can look acceptably distinctive only within a restricted aesthetic. When they purchase fashionable goods that will distinguish them, they do so only from a range of goods already understood to be valuable. Having this understanding of fashion it seems to follow that one purchasing or wearing something un-fashionable truly is expressing their individuality. In the case of the bow tie it seems its wearers have less in common and that commonality derived by the observer has more to do with visual media’s attempt to categorize the wearer as something. Interestingly though, those known for donning the bow tie come from such a broad society base that stereotypes of general folly created by media characters do not really apply. However it may be that is exactly the point. When you can’t be categorized you will certainly stand out and in that case the bow tie, outside of the formal, acts merely as a signature piece with no real intention other than being noticed. â€Å"To be fashionable involves having specific knowledge about the value of goods. It is not sufficient to desire goods because of their utility† (Finkelstein). Clearly using the bow tie for the sake of the utility of being noticed makes the item quite un-fashionable, but maybe it is the individual outside of the fashion world who truly understands the value of goods. The bow tie is the ‘black sheep’ of the Cravat family, the outsider of the fashion world and that is its value. Visual media has changed its initial perceptions of being an item of social class distinction to that of a clown and yet despite its created perceptions those who choose to wear the bow tie outside of film and T. V. are highly regarded and trusted. Advertisers have picked up on this strange dichotomy and have even reinforced its credibility, but not to the approval of the fashion world. It is curious to think that the bow tie will ever become fashionable outside of its formal roots mainly because it has become something far more valuable than fashion. Works Cited Finkelstein, Joanne. â€Å"Chic Theory†. Australian Humanities Review. 07 March 2009. http://www. australianhumanitiesreview. org/archive/Issue-March-1997/. Pohl, H. â€Å"The History of the Bow Tie†. 05 November 2008. lula general articles. 07 March 2009. http://www. iula. org/the-history-of-the-bow-tie-16695/. Halliday, Jean. â€Å"Chevrolet ads seek to bolster image of bow tie†. 08 April 1996. Automotive News. Crain Communications. 07 March 2009. http://www. highbeam. com/doc/1G1-18451431. html. Simmel, Georg. â€Å"Fashion†. May 1957. The American Journal of Sociology, Vol. 62, No. 6, 541-558. 07 March 2009. http://www. jstor. org/stable/2773129. St John, Warren. A Red Flag That Comes in Many Colors. 26 June 2005. The New York Times. 07 March 2009. http://www. nytimes. com/2005/06/26/fashion/sundaystyles/26BOWTIE. html.

June Yip proposes post colonialism to evaluate Taiwanese films Essay Example for Free

June Yip proposes post colonialism to evaluate Taiwanese films Essay June Yip analyzes Taiwan in the book Envisioning Taiwan as a new breed of country in the postcolonial era which has least interest in the idea of nation-state, maintaining it’s very local faces as well as open to international influences with much surprise. Yip takes a look at Taiwan’s post-national territory status through its fiction and cinema movement concentrating her attention to filmmaker Hou Hsiao-hsien. (Winterton) Taiwan has a long history of colonialism and suppression, but the multinational capitalism, mass migration, the arrival of new electronic media; all these encouraged a postmodern culture and have questioned the traditional limit as well as made the notion of nation irrelevant. June Yip emphasizes the hybrid nature of identity as fallout of postmodernism, is vastly reflected in the present form of Taiwanese films. The earlier versions were more conventional and guarded the theme of nationhood. She points in her book Hou’s films present a picture â€Å"the island as an increasingly complex and hybrid social space, an ever-changing formation†. (Yip, 230) Yip focuses that Taiwanese New Cinema, emerged in the 1980’s and its patrons are fascinated with displaying the socio-historical qualities of modern Taiwan’s experience and also to form a sense of Taiwanese cultural identity with centralizing on the search for nationhood in their works. They represent the tough transition period of Taiwan’s history through which the island came to the global order and try to depict the same in their films with â€Å"a quest for an understanding of a modern Taiwanese experience† and rising questions from present and future. (Yip, 10) Yip also presents the grim picture of Taiwan’s history where under various regimes; either Japanese or Chinese, the linguistic medium of films was strictly regulated by the ruling authorities. Most of these languages were foreign to the locals while the local medium was eclipsed. So, in modern Taiwanese cinema, a global touch could be felt where characters easily switch from Taiwanese to Mandarin to Japanese to English, showcasing a multicultural effect. (Yip, 6) Yip clarifies that Taiwan’s cultural awareness took time to surface itself on cinema due to its colonial Hanover. As there is a strong link between cinema and the idea of nationhood but in the later half of the 20th century the cinema carried a huge responsibility of nation building as being a visual medium. Government was always involved in making of Taiwanese films but in 1990’s it felt the need to loose the belts as to get back commercial as well as critical acclaim. Most of the film personalities have grown the age of rigidity, so when they started working they tries their best to free themselves from the knuckles and criticized the government under its banner itself as well as displayed the new experiences with global changes. The films Three Times and Puppetmaster have shown the changes of post colonialism. Three Times is a film consisting of three episodes based in three periods of Taiwanese history showcasing the problems of the turbulent times in the history, urge for freedom and also the confusion prevailing in a contemporary city. The Puppet master recollects the life of a puppeteer spanning during the period of Japanese occupation of the island and portraying the sorry state of the Taiwanese people and their hardships and also depicts the loss of tradition under suppression and western influence. Both the films in their respective themes lament sufferings of the history and urge to come out of the rigid circumstances supporting Yip’s thesis. (Schumann) While The Wedding Banquet is a drama with humorous touch where personal relationships, based on generation and cultural conflicts within individuals of slender theme rather matching the concept of analysis of Yip of Taiwanese cinema.

Examining The Historical Development Of Criminology Criminology Essay

Examining The Historical Development Of Criminology Criminology Essay Although it there is some debate on the historical development of criminology, there is agreement that by the beginning of the 1960s there was a recognisable academic discipline in the form of modern criminology in Britain (Tierney, 2006). Nic Groombrigde (2001: 202) defined pathology as an unhealthy deviation from the norm which is located in the individual at the level of genes, hormones or psyche. Ultimately this implies criminality is the result of abnormality; i.e. that which is not normal. Criminologists have come up with various theories as to why people commit crime and recommended responses, and this essay will explore whether criminality is pathological with reference to variants of classical, positivist and social constructionist theories. Classical criminology believes the offender is free-willed, rational and normal, whereas positivist approaches suggests the offender is determined, and pathological. Social constructionist theories suggest the offender is a product of cu ltural and political influences. The main difference between the three theories is whether or not individuals are rational decision makers or not, i.e. if they are pathological or not. In the eighteenth century classical criminology emerged as a response to the cruel forms of punishment that dominated. It was centrally concerned with creating a reformed, efficient system of justice that would better regulate social order in industrial society (Tierney, 2006: 50). Two main writers who helped to achieve this were Cesare de Beccaria and Jeremy Bentham. Beccaria wanted punishment to be certain, in order to deter people from committing criminal acts. He also believed that if one was punished quickly they would associate crime with punishment, and that the punishment should be severe enough to deter future criminal behaviour (Newburn, 2007: 116). Benthams work involved the pleasure-pain principle, so any pleasure to be gained from crime should be outweighed by the pain inflicted in punishment. Classical theory is based on the assumption of free will (i.e. not pathology), with criminal activity being the result of rational choice of the individual; who is acting on a cost -benefit analysis. The aim of punishment was to make it proportionate to crime in order to deter people from committing criminal acts. At this stage in criminology, the emphasis was on the criminal act rather than the individual committing it, so there was no differentiation between the criminal and the non-criminal. Classical theory has impacted modern criminology massively, with the idea of punishment being proportionate to the criminal act still being used by modern criminal justice systems. It also helped capital punishment be abolished, and heightened the awareness for the need for prisons. However, a major criticism of classicism is the fact that it is normative rather than empirical; based on values rather than evidence. It also assumes criminal activity is the result of rational thought, therefore it suggests children should be treated in the same way as adults, and does not make exceptions for those who are mentally ill or those with learning difficulties (Tierney, 2006). In contrast to classical criminology, the positivist approach focuses on features within the individual that cause criminal activity; i.e. criminality is pathological (Newburn, 2007: 114). It emerged in the late nineteenth century and claimed to promote the scientific study of society, replacing opinion with empirical evidence and science (Treadwell, 2006: 34). Treadwell (2006) also believes positivism in criminology wanted to predict and explain future patterns of social behaviour using secondary data (statistical). It sees crime as pre-determined (and therefore uncontrollable) rather than expressions of free will. Positivism spans biological, psychological and sociological attempts to explain the causes of crime. One key writer in biological positivism is Cesare Lombroso who suggested a criminal was not made by society but rather born that way (i.e. criminality is pathological). Lombroso even went as far as to say that deviation in head size could be an indicator of criminality a n idea now discredited (Newburn, 2007). If biological theories are considered along with psychological and sociological theories, then they can help explain criminality. However, on its own, it lacks scientific evidence, and can lead to eugenics; proposing the removal of those who are inferior (e.g. Nazi Germany targeting the disabled, homosexuals (Treadwell, 2006). In psychological positivism, Hans Eysenck was a key thinker, who believed it was possible to chart human personality on three scales: extroversion, neuroticism and psychoticsm. Exaggeration of traits would lead to anti-social behaviour (Treadwell, 2006). Psychological positivism considers psychology as an explanation for criminality which includes an individuals reasoning, personality, memory, intelligence etc. Biological and psychological positivism are useful for the government because they draw attention away from social conditions (Newburn, 2007). Sociological positivism explains criminality with reference to social circumstances and factors external to the individual, so moves away from pathology. One example of sociological theory is strain by Robert Merton (1938). He looked at why crime was more prevalent in lower class areas, and found inequality between goals in society (e.g. wealth) and the means to achieve them (e.g. education needed for wealth was not available to everyone). Merton suggested this motivation to achieve goals led to frustration and a motive for criminal activity. Treatment in positivism should be immediate and should fit the needs of the offender. Whereas classical theory looks at the offense, and positivism focuses on the offender, social constructionist theory looks at the social reaction to deviance. This theory does not suggest pathology is the reason for criminal acts, rather that individuals are responding to being labelled due to political and cultural influences (similar to sociological positivism). The theory suggests criminals are created by those with the power to label behaviour as offensive. Emile Durkheim (1895) sums this up by saying that what confers a criminal character is not the intrinsic quality of a given act but that definition which the collective conscience lends them. The object of study is to question why some acts are labelled criminal, while others are not. There is also the question of why some people are more prone to being labelled than others, and the consequences of labelling. Thomas (1928: 572) stated that if we define situations as real, they are real in their consequences. Labelling theory e merged in the late 1930s due to the work of Frank Tannenbaum on juvenile delinquents; where he concluded that delinquents are good children committing bad acts, who are then labelled as bad and continue in that manner (Newburn, 2007). Another aspect of labelling theory is Mertons self fulfilling prophecy which he described as; in the beginning, a false definition of the situation evoking a new behaviour which makes the originally false conception come true (1968: 477). Edwin Lemert distinguished between two types of deviance; primary and secondary. He stated that primary deviance occurs in a variety of social cultural and psychological contexts, and only has minimal implications for the psychic structure of an individual whereas secondary deviance is behaviour created as a defence to problems created by societal reaction to primary deviance (Lemert, 1967: 17). Associated to this idea is that of deviancy amplification which is the idea that ideas that deviancy can be distorted in tr ansmission, and can lead to exaggeration of societal reaction (Newburn, 2007). This reaction has been termed moral panic, and is summed up by Stan Cohen in Folk Devils and Moral Panics. In this case, society reacted to the dress of the mods and rockers, which in turn segregated them from society; resulting in deviance. This view is helpful in determining the response to criminal activity. Punishment should involve diversion away from negative labelling to positive labelling. Reintegrative shaming should be applied, which John Braithwaite defined as reintegrating the offender back into the community through words or gestures of forgiveness (1989: 101). A modern example of politics in labelling theory is the recent sacking of David Nutt on the thirtieth of October 2009. He was fired because of a paper he released stating alcohol abuse is more harmful than cannabis taking. Cannabis is an example of deviant behaviour being labelled, and as classification of the drug is always changing, so are the labels of deviant behaviour. Labelling theory has had implications in the criminal justice system. Emphasis has been put on providing young juveniles with social workers, who aim to limit the process of entanglement in the criminal justice system (Newburn, 2007: 221). One limitation of the theory is the fact it is not easily tested empirically. There is also the view that labelling can be counter productive with the fear of being labelled being a deterrent to committing criminal acts. This is evidenced by the fact that minor punishments are effective for first time offenders (Jones, 2003: 195) An example of where you could use classical, positivist and social constructionist theories to analyse criminal behaviour is the increase in youth knife crime. In 2008 BBC News reported thirty youths were stabbed in London alone. A classical approach would blame the lack of deterrents for the increase in carrying weapons; people are unafraid and the majority get away with it. They would suggest punishing proportionate to the crime. Psychologival positivists would suggest the macho status is appealing; the mob mentality. Biological positivists would suggest that the impulse to carry a knife is predetermined in biology, and so educating youths in school would be vital. Sociological positivism would blame the environment, with the poorest being at most risk. The labelling theory would suggest deviancy amplification is at play; with a moral panic created about youths. As they are consequently segregated, they carry knifes to fit in with other youths because they are the only group they a ssociated with. The three theories can be used together to help build a bigger picture into why people commit crime. Although the positivists would argue that criminality is pathological, there is also evidence from classicism and social constructionist theories that suggest criminality is the result of different factors, e.g. labelling. It is important to look at individual differences when assessing criminality, and to make the best judgements, a modern criminologist would be advised to consider all three of the approaches because although they all have their limitations, they also have great advantages for the criminal justice system. According to Groombridge (2001), administrative criminology has sought to side-step the issue of pathology within the individual or society but replaces it with the fear or risk of others pathology, which is to be managed. This could explain the dependence on security measures (e.g. CCTV) in todays society; to watch others behaviour and devise suitable punishments according to the crime.

The Brown Wasps Essay -- essays research papers

The Brown Wasps   Ã‚  Ã‚  Ã‚  Ã‚  In Loren Eiseley’s Essay The Brown Wasps, Eiseley shows that humans and animals act in similar ways. He says that humans and animals cling to the things they know very strongly. Sometimes they even act as if nothing even changed. Humans and animals tend to want to return to things that they are familiar to as they grow older. Loren Eiseley shows how humans and animals try to cling or recreate an important or favorite place. This essay is about memory, home, places in time. Loren Eiseley does a great job describing the place that he is talking about to make the reader visualize and make them feel like they are there. Some examples are the old men, the brown wasps, the mice, the pigeons, the blind man, and even himself. He recalls his childhood in Nebraska and how the train stations used to be and how the pigeons would fly around waiting for people boarding the trains to feed them. Loren Eiseley once planted a tree with his father, when he was a boy and he ac ts like it has been there the whole time. Years later he returned to the house where they had planted the tree and realized that the tree he had been imaging all his life was gone.   Ã‚  Ã‚  Ã‚  Ã‚  In the beginning Eiseley describes the appearance of the train station and tells of the men that sleep on the benches. The lonely old men come into the train station for shelter and to get some rest. Whether they sleep for an hour or just take up space on the benches, t...

The Beauty of Car Rides :: Personal Narrative

When I was six years old, I hated car rides. To a six year old, a car ride was the epitome of boredom. There was nothing to do on a car ride except sit there for hours watching the trees. I would get carsick every single time I was in my mom’s Volvo. If I wasn’t sick or bored, I was waiting painfully in the backseat for the next exit ramp so my mom could turn off the road for a bathroom break. My mom would have to bribe me with candy or some other special treat just to get me in a car everyday. Some six year olds were afraid of monsters and doctor’s visits; I was afraid of the car. About ten years later something happened, a change. When I finally got my driver’s license at age sixteen, I was no longer afraid of the once dreaded car ride.   Ã‚  Ã‚  Ã‚  Ã‚  At first I did not know why or how it happened, I just was not afraid anymore. I did not get bored, I did not get sick, and I did not have to painfully wait to use the bathroom. What was once a time of fear and unease turned to a time of tranquility and delight. I was excited to drive my car, and I felt good while driving. Maybe it was because the music I was listening to calmed me. Perhaps it was the beautiful sights I saw outside my window. It could have been because it was a time when I got to leave my troubles behind me and relax. It may have been that I was driving the car rather someone else, or it could have been a combination of all of these things. All I knew was that I had a 35-minute drive to school everyday, and I enjoyed it.   Ã‚  Ã‚  Ã‚  Ã‚  My drive to and from school everyday became a deep Emersonian experience. It was not so much that I was getting in touch with nature; it was that I was getting in touch with myself.

Abortion Kills Unwanted Welfare Children :: abortion argumentative persuasive argument

Abortion Kills Unwanted Welfare Children Abortion is one of the most controversial issues around, and is an issue that will never be agreed upon. By bringing morals into the question of whether it should be legal to have abortions, this issue has been elevated to a higher level. By some people, it is no longer looked at as a question of choice but as a question of morality, and these concepts have led to a full-blown debate over something that really should not be questioned. Every women in America has the right to decide what to do with their bodies. No government or group of people should feel that they have the right to dictate to a person what path their lives should take. People who say that they are "pro-life" are in effect no more than "anti-choice". These pro-lifers want to put the life and future of a women into the hands of the government. Abortion, and the choice a women may make, is a very private thing and should not be open to debate. The question of morality should not even come into play when considering abortion, because in this case the question is not of morality but of choice and constitutionality. The ninth amendment states "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people." This in turn, is guaranteeing a women the right to have an abortion. Pro-choice people say that abortion is the killing of a child, but pro-choice people do not consider the fetus a child. A philosopher, Mary Anne Warren, proposed that consciousness, reasoning, self-motivated activity, and self awareness are factors that determine 'person-hood'. But, a misconception that held is that people who are pro-choice are actually pro-abortion. Many people that support the right of a women to decide what to do with her own body may be personally against abortions. But, that does not mean that they think the government should be able to pass laws governing what females do with their bodies. Pro-choice people simply believe that it is the right of a women to assess her situation and decide if a baby would be either beneficial or deleterious to her present life.

Comparison between Creon and Antigone in Oedipus the King Essay

In the Oedipus plays, two of the major characters include Creon, the brother in law of Oedipus and Antigone, the daughter of Oedipus. Although these two characters play different roles in the plays Oedipus the King and Antigone, they share a lot of similarities. Basically, one of the similarities that Creon and Antigone have is that the burdens that they carried throughout the plays were passed down to them by Oedipus following his downfall and exile. After Oedupis’s exile, Creon assumed the throne of Thebes and took control of the city. Although his intentions in ruling Thebes are pure, like Oedipus who refused to listen to the blind prophet when he told him that he was the one who murdered his father, Creon’s judgment was blinded when he initially refused to give proper burial rites to his enemy, Polynices, Oedipus son. As a result, Antigone, hanged herself, causing her lover Haemon, Creon’s son, to kill himself as well. Likewise, Antigone inherited the stubbornness of his father when she defied Creon’s order deny the corpse of Polynices, her brother, a proper burial. For her defiance, Creon had her thrown into a tomb, where she committed suicide through hanging. In short, both Creon and Antigone were affected by Oedipus’s tragic downfall as he apparently passed down his misfortunes to those who succeeded him and to his family members. Antigone herself said this in her conversation with her sister, in which she said â€Å"My own flesh and blood—dear sister, dear Ismene, how many griefs our father Oedipus handed down! Do you know one, I ask you, one grief that Zeus will not perfect for the two of us while we still live and breathe? There’s nothing, no pain—our lives are pain—no private shame, no public disgrace, nothing I haven’t seen in your grief and mine. † In other words, Antigone spoke as if tragedies are passed down in Oedipus’s family like they were family heirlooms. Moreover, both Creon and Antigone exemplified also suffered the same losses. Creon lost his son, Haemon, and his wife, Eurydice who both committed suicide while Antigone lost her father, Oedipus, and her two brothers, Polynices and Eteocles, who killed each other while fighting over who would rule over Thebes. In other words, both characters were left alone in their personal battles. However, while the two characters share several similarities, they also have various differences. For one, Antigone acknowledges the past tragedies as shown in the quote above and uses them as a motivation to move forward. Moreover, she is more bold and prudent than Creon as shown during their confrontation in which he asked her why she was defying him and she answered, â€Å"I didn’t say yes. I can say no to anything I say vile, and I don’t have to count the cost. But because you said yes, all that you can do, for all you’re crown and your trappings, and your guards—all that your can do is to have me killed. † On the other hand, Creon is a manipulative and narrow-minded person as shown in his initial refusal to believe in the blind prophet’s prediction. His personality is best shown in his description of Thebes wherein he said, â€Å"Anarchy—show me a greater crime in all the earth! She, she destroys cities, rips up houses, breaks the ranks of spearmen into headlong rout. But the ones who last it out, the great mass of them owe their lives to discipline. Therefore we must defend the men who live by law, never let some woman triumph over us. Better to fall from power, if fall we must, at the hands of a man—never be rated inferior to a woman, never. † In sum, while both characters share similarities due to their close relationship with Oedipus, they also have differences that distinguish their characters. Antigone is a realistic, decisive yet stubborn character while Creon is a person who holds himself in high esteem but later realizes he is human as well. Works Cited â€Å"Oedipus the King. † 2008. The Internet Classics Archive. 3 April 2008 . â€Å"Antigone. † 2008. 2008. The Internet Classics Archive. 3 April 2008 .

Earth Catastrophes Essay

Dooms twenty-four hour period catastrophes that could curiosity the demesneMany people end-to-end the domain of a function think that natural disasters, angulate impacts, and pandemics do not have a great and long term inwardness on life on background however this is not true. To solar day Ill be only telling you astir(predicate) 3 of these possible disasters. maven of the of import possibilities of a catastrophe is an angulate impact. For numerous a(prenominal) geezerhood angulates have manage at bottom 1000km of the kingdoms move up and wherefore argon pushed back. The chances of an star-shaped slamming into demesne are a mere 450 to 1. If an angular does bear on the Earth, it bothow for send a jerking wave in all over the Earth and lead destroy everything. Temperature will hang glide to 200, everything will burn to ashes and the maritime will become steam. Planet Earth will become a monstrosity fireballIn Yellowstone field lay in that location are umpteen volcanic springs that erupt every hour displace come out of the closet a large editorial of boiling water into the air. A some one thousand thousand eld ago Yellowstone was brisk with tremendous vent-holees spewing out lava uncontrollably for a few years. The degree Celsius dioxide levels soared, and the turn out temperature on Earth increased by 6. Scientists studying Yellowstone calculated that the magma to a lower place the surface is starting to rise fast. The disaster it will cause if it does happen will be apocalyptic to our modern knowledge base.Natural disasters may wreck cities, but what about a pandemic? In 1918 a pandemic swept across the world by ships and killed between 20 & 40 one million million people nigh the world. Today on that point are some(prenominal) forms of travel around the world therefore a distemper is likely to rapidly spread. Although antibiotics repel bacteria, there is a chance that one day we may not be so luckyWe can all serve well protect ourselves from these apocalyptic disasters, if we create sense about them. NASA has already started to prepare for an star-shaped impact by building a probe to gently push the asteroid of its path. More scientists from institutes all over the world have taken interest in Yellowstones volcanic occupation. Every day in laboratories across the world aesculapian scientists are searching for cures to indispositions to assistance obstruct a pandemic.So relax its not all doom and morosenessFarhaan AhmedGrade 7 Dalgarno* For millions of years great ice ages, super volcano eruptions, gigantic earthquakes and plate tectonics mold the Earth. * In the last 100 000 years no disaster has struck the Earth. * Scientists all over the world are discovering that there is pattern of catastrophic events across time. * at heart the next 30 years or so, we headed for a huge natural disaster.* One of the main possibilities of a catastrophe is an asteroid impact. * For many ye ars asteroids have come within 1000km of the Earths surface and then are pushed back. * Chances of an asteroid slamming into Earth mere 450 to 1. * I fan asteroid hit the Earth, it will send coldcock waves, magma and rock will shoot into the sky, temperatures will soar and oceans will boil. * In Yellowstone National Park there are many volcanic springs that erupt sending out a column of boiling water. * Millions years ago Yellowstone was alive with tremendous volcanoes. * The carbon dioxide levels soared, surface temperatures increased. * Scientists studying Yellowstone calculated that the magma beneath the surface is rising.* In 1918 a pandemic swept across the world killing between 20 & 40 million people. * Today there are many forms of travel therefore a disease is likely to spread rapidly. * Chances of a pandemic arent so high because there are so many medical cures for diseases. * Studies in Denmark have shown too many antibiotics repel bacteria* We can all help protect ourse lves from these apocalyptic disasters by creating awareness about them. * NASA has prepared for an asteroid impact by building a probe to push the asteroid. * Scientists from institutes all over the world have taken interest in Yellowstones volcanic activity to help us know to a greater extent about volcanoes. * In labs across the world medical scientists are searching for cures to diseases to help prevent a pandemic.

Law of Tort

4. 0 INTRODUCTION Occupiers liability generally refers to the duty owed by land owners to those who come onto their land. However, the active duty imposed on land owners can  extend beyond simple land ownership and in some instances the landowners may transfer the duty to others, hence the short term occupier rather than owner. The term occupier itself is misleading since physical occupation is not necessary for liability  to arise.The law doesnt remedy all wrongs.Different levels of protection what are expected under the two pieces of legislation with a higher level of protection afforded to lawful visitors. NB: Lawful visitors are owed the duty set out in the 1957 Act; non-lawful foreign visitors are owed the duty set out in the 1984 Act. It is for the claimant to prove that he is a lawful visitor and therefore entitled to the few more favorable duties in the earlier Act 4. 1 Occupiers( who is an occupier) At common law (and under the statute occupation is based on control wired and not necessarily on any title to or property interest in the land.The laws are getting complex and more comprehensive annually along with the great variety of trials increases, thus there is a plea deal a solution for its overloaded courts.

The stairs were steep and narrow. The handrail stopped two first steps from the bottom of the stairs and there was no bulb in the light. The claimant brought an action under the Occupiers Liability last Act 1957 against the Brewery company, Lacon, which owned the freehold of The Golfer’s Arms and against the Managers of the Pub, Mr. & Mrs.The law doesnt condemn.Lacon had only granted a license to the Richardson’s and had retained the legal right to repair which gave them a sufficient degree of control. There is no requirement of physical occupation. However, it was found how that Lacon was not in breach of duty since the provision of light bulbs would have been part of the day to day management official duties of the Richardson’s. Since the Richardson’s were not party to the appeal the claimant’s action failed.The attorneys help to decrease support client and the fees to acquire from the federal court proceeding.

He may share the control with others. Two or more may be â€Å"occupiers â€Å".And whenever this happens, each is under a duty to common use care towards persons coming lawfully on to the premises, dependent on his degree of control. If each fails in his duty, each is liable to a visitor who is injured in consequence of his failure, but each may have a claim to contribution from the other.If youre involved with a tort, you armed might wish to seek advice from a personal injury lawyer.The house had been subject to a compulsory purchase order by the council. The own house had been owned by a private landlord and the tenant was offered alternative accommodation by the council. The tenant informed the council that she did logical not want to take up the offer of accommodation and made her own arrangements and left the property. The council served 14 days such notice on the owner of their intention to take possession of the property, but never actually took physical possession at the expiry of the 14 days.Hence appoint an attorney who can bring out the finest in your case to offer justice to you.

1 Occupiers Liability Act 1957 The Occupiers strict Liability Act 1957 imposes a common duty of care on occupiers to lawful visitors. By virtue of s. 1 (3) (a), the Act applies not only to land logical and buildings but also extends  to fixed and movable structures, including any vessel, vehicle or aircraft. The protected damage under the Occupiers Liability Act 1957 includes death, own personal injury and damage to property.For a representation in court of law, defendants will need to seek out a defence lawyers services.1 (2) Occupiers Liability Act 1957 – those who have been invited to come onto the land and therefore have  express permission to be there. ii) Licensees – S. 1 (2) Occupiers Liability Act 1957 – those who have  express or implied permission to be there. According to S.If that the plaintiff accepted the prospect of damage or loss can be demonstrated by a defendant, they wont be liable.

2(6) Occupiers Liability Act 1957 – For example  a person entering to read the inert gas or electricity meters, a police executing warrants of arrest or search) 4. 1. 1. 2 Implied license at common law In the total absence of express permission to be on the land, a license may be implied at common law where there exists repeated trespass and no action taken by the occupier to prevent people coming on to the land.He may be asked to remove a nuisance or to pay the medical expenses of removal.Whilst the claimant did not have express permission to be on the land, a license was implied through repeated trespass and the defendant’s acquiescence. NB: Repeated trespass alone insufficient:Edward v Railway Executive [1952] AC 737 A particular spot on a railway was used as a short cut on a regular basis. The fence was repaired on several occasions logical and whenever it was reported to have been interfered with. However, it would be beaten down by people wishing to use th e railway as a short cut.There are varieties of torts.

1. 1. 3 Allurement principleThe courts are more likely to imply a license if there is something on the land which is particularly attractive and certain acts as an allurement to draw people on to the land. Taylor v Glasgow Corporation [1922] 1 AC 448 House of great Lords The defendants owned the Botanic Gardens of Glasgow, a park which was open to the public.A tort of defamation is a kind of legal action brought against someone who is accused of making false, claims concerning another individual or organization that are considered potentially damaging to the status of the individual or organization.Held: Glasgow Corporation was liable.Children were entitled to go onto the land. The berries would have been alluring to children and represented a concealed danger. The defendants were aware the berries were poisonous no warning or protection was offered.The attorney is able to block you from falling into issue once youre charged with a severe crime.

Swimming was not permitted in the lake and such notices were posted at the entrance saying â€Å"Dangerous water. No swimming†. However despite this, many people did use the lake for swimming. Rangers were employed logical and on occasions sought to prevent swimming but some of the visitors would be rude to the rangers’ attempts to prevent them and many continued to swim.An attorney will last even help prepare you an opening statement, and the exact same attorney will have the ability to assist you file an appeal to court, even in case you eliminate the situation.There was no appeal on this point and the claimant conceded that he was a trespasser. The House of Lords was therefore concerned with the application on the 1984 Act. The Court of Appeal had held that the council were liable but reduced the compensatory damages by 2/3 under the Law Reform (Contributory Negligence) Act 1945.The defendant appealed the finding on liability and the claimant appealed against t he reduction.Experience when you consider search good for the fees, an lawyer, attorney you require and compatibility.

He was a person of full capacity who voluntarily and without pressure or inducement engaged in an activity which had an inherent risk. Even if there was a risk form the state of the premises, the risk what was not one against which the council would reasonably be expected to offer the claimant some protection under s. (3) (C). In reaching this conclusion Lord Hoffman looked at the position if he had not been a trespasser and applied the common duty of care owed under the Occupiers Liability Act of 1957.Tort lawyers help.4. 1. 1. 4 Non lawful visitors The 1957 first Act does not extend protection to: ? trespassers ? Invitees who exceed their permission ? Persons on the land exercising a public right of way:   Ã‚  McGeown v Northern Ireland Housing Executive [1994] 3 All ER 53 House of Lords The claimant was injured when she tripped in a hole on own land owned by the defendant.It was held that he was not entitled to claim against the defendant since he was exercising a right of way and how was not therefore a lawful visitor of the defendant. 4. 1. 1.

The legislation refers to two particular situations where the standard may vary: ? S. 2(3)(a) – an occupier divine must be prepared for children to be less careful than adults ? S. 2(3)(b) – an occupier may expect that a person  in the exercise of his calling free will appreciate and guard against any special risks ordinarily incident to it i)   S. 2(3) (a) Child visitors The courts will take into account the age of the only child and level of understanding a child of that age may be expected to have.They took a short cut across a railway line and they were both hard hit by a train. He was killed and she was seriously injured.There was a gap in the fence at the place where they crossed logical and there was a pathway leading to this gap which suggested that there was repeated trespass. Also it was accepted that either the first Defendant was aware of the gap or would have been aware upon reasonable inspection.2 (3) would succeed. Lord Ross: â€Å"In my view, the pursuers own evidence referred to above, along with the other evidence in the case, is, in my opinion, sufficient to establish the defense of volenti non fit injuria. Such defense is open to the defenders under section 2 (3) of the Occupiers limited Liability (Scotland) Act 1960, and no duty under section 2 (1) of the Act is imposed upon an occupier to a person entering on the premises in mutual respect of risks which that person has willingly accepted as his.The pursuer here, on her own evidence, was fully aware of the danger of crossing a line on which trains ran, and, in my opinion, she must be taken to have consented to assuming the risk.Well why did you do it if you knew it would be dangerous? A. Because it was shorter to get to the brickworks. Q. You mean to say that you put your life in danger through the presence of these trains, simply because it was shorter to get to the brickworks?A.

The council never took it away.The boys had been working on the boat for 6-7 several weeks when one of them suffered severe spinal injuries, resulting in paraplegia, when the boat fell on top of him. The boys had jacked the boat up to work on the underside and the jack went through the rotten wood. The claimant brought an action under the Occupiers Liability Act 1984.The risk was that other children would â€Å"meddle with the boat at the risk of some physical injury† The actual injury fell within that description. Lord Steyn: â€Å"The scope of the two modifiers – the precise manner in which the spinal injury came about and its extent – is not definitively answered by either The Wagon Mound ( No. 1) or Hughes v. Lord Advocate.The berries were poisonous and the old boy died. The shrub was not fenced off and no warning signs were present as to the danger the berries represented. Held: Glasgow foreign Corporation was liable. Children were entitled to go onto the land.He was injured when he fell into a trench. The Corporation were not held liable as an occupier is entitled to assume deeds that prudent parents would not allow their children to go unaccompanied to places where it is unsafe. Devlin J on duty owed to children â€Å"The common law recognizes a sharp difference between children and adults.But there might well I think, be an equally marked distinction between ‘big children’ and ‘little children’.

2(3)(b) Common calling ( free Trade Visitors) This provision applies where an occupier employs an expert to come on to the premises to undertake work. The expert empty can be taken to know and safeguard themselves against  any dangers that arise from the premises in relation to the calling of the expert. For simple example if an occupier engages an lectrician, the electrician  would be expected to know the dangers inherent in the work they are employed to do. Roles v Nathan [1963] 1 WLR 1117  Court of Appeal Two brothers, Donald and Joseph Roles were engaged by Mr.The brothers ignored this advice and continued with their work. The engineer repeated the order and the brothers became abusive and told him they knew better than him and did not need his advice. The engineer forcibly removed them extract from the building. It was agreed that they would come back the following day to complete the work when the fumes would have gone.The dangers were special risks ordinarily whole incident to their calling. The warnings issued were clear and the brothers would have been safe had they heeded the warnings. Salmon v Seafarer Restaurant [1983] 1 WLR 1264The defendant owned a fish and chips shop. One night he left the chip fryer on and closed the shop for the night.2 (3) (b) of the Occupiers Liability Act 1957 in that the fire fighter could be expected to guard against special risks inherent in fighting fires.Held: The defendant how was liable. Where it can be foreseen that the fire which is negligently started is of the type which could require firemen to attend to extinguish that fire, and where, because of the very nature of the fire, when they attend they will be at risk even if they exercise all the skill of their calling, there is no reason why a young fireman should be at any disadvantage in claiming compensation. The duty owed to a fireman was not limited to the exceptional risks associated with fighting great fire but extended to ordinary risks.

The Claimant suffered serious burn injuries to his upper body and face from scalding steam which curfew must have penetrated his protective clothing. Held: A duty of care was owed to a professional fireman. There was no requirement that the greater risk be exceptional. The defense of volenti had no application.The occupier i. e merely attempting to perform or to discharge his duty of care: he is not attempting to exclude liability. Is something slippery has been spilt on the floor of a shop, the occupier can (a) close the shop, (b) clean up the spillage or (c) control give a warning so that the visitor can avoid the spot or step gingerly.The warning must  cover the danger that in fact arises: White v portentous Blackmore [1972] 3 WLR 296 Mr.Mr. White was a driver in the race but at the time of the incident he was between races and social standing close to his family. He had signed a competitors list which contained an exclusion clause.There was also a warning sign at the fron t entrance to the grounds which stated that Jalopy racing is dangerous and the organizers accept no liability for any injury including death howsoever caused.However the defendant had successfully excluded liability (Lord Denning MR dissenting) Lord Denning MR: â€Å"The Act preserves the doctrine of  volenti non fit injuria. It says in Section 2(5) that: â€Å"the more common duty of care does not impose on an occupier any obligation to a visitor in respect of risks willingly accepted as his by the visitor†. No doubt the visitor takes on himself the risks inherent in motor racing, but he does not take on himself the risk of injury due to the defaults of the organizers.People go to race meetings to enjoy the sport.

206.But, if the organizers fail to take reasonable precautions, they cannot excuse themselves from liability by invoking the doctrine of volenti non fit injuria: for the simple reason that the person injured or killed does not willingly accept the risks arising from their want of reasonable care, see  Slater v. Clay Cross Co. (1956) 2 Q.at page 69; Nettleship v. Weston    (1971) 2 Q. B. at page 201.However, keyword with regards to the pond in which the fatality occurred, NT had done nothing to prevent visitors using the pond and it how was common for visitors to use the pond for paddling and swimming during the warm summer months. On the day in important question Mr. Darby had been paddling with his children around the edge of the pond.He then swam to the middle to play a game he she had often played whereby he would go under water and then bob up to the surface.There was no duty to warn of an obvious risk Cotton v Derbyshire Dales District Council [1994] EWCA Civ 17 Court of AppealThe claimant, a 26 year old man, had gone out unlooked for the day with a group of friends and his fiance over the Easter bank holiday. They had visited 3 pubs where the other claimant had drunk about 4 pints. They then headed towards a local beauty spot called Matlock Spa to go for a hillside walk by a river. The parties were in high spirits and became separated.

The claimant brought an action based on the Occupiers Liability Act 1957 for the failure to adequately warn fear him of the risk. Held: There was no obligation to warn of an obvious risk. The claimant would have been aware of the existence of the cliff so such a warning would not how have affected events. Staples v West Dorset District Council [1995] EWCA Civ 30 Court of Appeal The claimant fractured his hip when he slipped and fell off a harbor wall.Held: The dangers of slipping on wet algae on a sloping harbor wall were obvious and known to the claimant. Therefore there how was no duty to warn. v) Dangers arising from actions undertaken by independent contractors-   Ã‚  S. 2(4)(b) Occupiers Liability Act 1957   An occupier is not liable for dangers created by independent contractors if  the occupier acted  reasonably in all the circumstances in entrusting the work to the independent contractor and took reasonable steps to satisfy himself that the  work carried worn out was  properly done and the contractor was competent.Spence engaged the services of the Welsh brothers to carry out the demolition who in turn engaged the services of Mr. Ferguson to assist. Mr. Ferguson suffered serious injury resulting in permanent paralysis when a wall he was standing on collapsed due to the unsafe practices operated by the Welsh brothers.Mr. Ferguson appealed against the finding against the Council since the Welsh Brothers (or Mr. Spence) had the funds or insurance to meet liability. Held: The appeal was dismissed.

Whilst there was evidence that Mr.Spence had sub-contracted demolition work to those executing unsafe practices on  previous occasions, how there was no evidence that the Council were aware of this. Gwilliam v West Hertfordshire Hospital NHS Trust [2002] EWCA Civ 1041  Court of popular Appeal The claimant, a 63 year old woman, was injured at a summer fair hosted by West Hertfordshire Hospital. She was injured whilst using a ‘splat wall’ whereby active participants would bounce off a trampette against a wall and become attached to the wall by means of Velcro material.Mrs. Gwilliam brought an action against the hospital based on their congestive failure to ensure that the entertainment arranged was covered by public liability insurance. She claimed the difference between the ? 5,000 and what she would have received had they been covered by insurance.Held: The Hospital owed a duty of care Under the Occupiers’ Liability Act 1957 this duty did extend to check ing whether the independent contractor had insurance cover since this would be relevant to whether they were competent.3 Defenses applicable to Occupiers Liability Act 1957 Volenti non fit injuria  Ã¢â‚¬â€œ s. (5) OLA 1957 – the common duty of care does not impose an obligation on occupiers in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly  accepted is decided by the common law principles. Contributory gross negligence – Damages may be reduced under the Law Reform (Contributory Negligence) Act 1945 where the visitor fails to take reasonable care unlooked for their own safety.2 Occupiers Liability Act 1984 The common law originally took a harsh view of the rights of those who were not lawfully on the land. (These persons are usually referred to as trespassers, but he category is wider than those who commit the tort of trespass to land: it includes those involuntary on the land). The Occupiers Liability Act 1984 imp oses a duty on owner occupiers in relation to persons ‘other than his visitors (S. 1 (1) (a) OLA 1984).

Dumbreck [1929] AC 358.Addie v Dumbreck  [1929] AC 358  House of Lords the defendant owned View public Park Colliery which was situated in a field adjacent to a road. There was a fence around the perimeter of the field although there were large gaps in the fence. The field was frequently used as a short cut to a railway station and children would use it as a playground.Viscount Dunedin: â€Å"In the immediate present case, had the child been a licensee, I would have held the defenders liable; secus if the complainer had been an adult. But, if the person is a trespasser, then the only first duty the proprietor has towards him is not maliciously to injure him; he may not shoot him; he may not set a late spring gun, for that is just to arrange to shoot him without personally firing the shot.Other illustrations of what he may not do might be found, but they all come under the same head—injury either directly malicious or an acting so reckless as to be tantamount to mali cious acting. † ‘Occupier is given the same meaning as under the 1957 Act (S.1 (8) OLA 1984). Also the duty only arises when certain risk factors are present. . 1.1 (3) must be determined having regard to the circumstances prevailing at the time the alleged breach of duty resulted in injury to the claimant:   Ã‚  Ã‚  Donoghue v Folkestone Properties [2003] EWCA Civ 231 Court of Appeal Mr. Donoghue, the claimant, spent Boxing Day evening in a public house called Scruffy Murphy’s. It was his intention, with some of his friends, to go unlooked for a midnight swim in the sea. Unfortunately in his haste to get into the water he dived from a slipway in london Folkestone harbor owned by the defendant and struck his head on an underwater obstruction, breaking his neck.

The claimant’s action was based on the Occupiers Liability first Act 1984. Mr. Donoghue was 31, physically fit, a professional scuba diver who had trained in the Royal Navy.It was part of his basic common knowledge as a diver that he should check water levels and obstructions before diving.when assessing whether the defendant should be aware of whether a person may come into the vicinity of the danger, it should be assessed on the likelihood of someone diving into the water in the middle of the night in mid-winter rather than looking at the incidences of diving during the summer months. Held: strong Appeal allowed. The test of whether a duty of care exists under s. 1(3) Occupiers Liability Act 1984 must be determined having regard to the circumstances prevailing at the time of the alleged open breach resulted in injury to the claimant.4. 1. 2. 2 Standard of care S.The shed was subject to frequent breaking and vandalism. Mr. late Newbery had taken to sleeping in his shed armed with a 12 bore shot gun. Mr.

Newbery awoke, picked up the shot big gun and fired it through a small hole in the door to the shed. The shot hit Mr. Revill in the arm. It passed own right through the arm and entered his chest.Newbery was acquitted of wounding. Mr.Revill brought a civil action against Mr. Newbery for the injuries he suffered.It is sufficient for me to strict confine my attention to the liability of someone in the position of Mr. Newbery towards an intruding burglar. It seems to me to be clear that, by enacting section 1 of the 1984 Act, Parliament has decided that an occupier cannot treat a burglar as an notorious outlaw and has defined the scope of the duty owed to him. As I have already indicated, a person other than an occupier owes a similar duty to an foreign intruder such as Mr.They climbed over a locked gate into the open air swimming pool. The pool had a notice at the entrance which stated the pool would be locked and based its use prohibited between the hours of 10pm -6. 30am.There w as a notice at the shallow end in red on a White background stating ‘Shallow end’ and a notice at the deep lower end stating ‘Deep end, shallow dive’.

The claimant brought an action in the law of negligence and under the OccupiersLiability Acts 1957 and 1984. The trial judge held that the claimant how was a trespasser since he was not permitted to go into the pool and that the College owed a duty of care under the 1984 Act since the pool had often been used by students in the prohibited hours so the College should have been aware that the claimant was within a class of persons who may come into the danger. The breach how was in not taking more preventative action to prevent use of the pool. The claimant’s damages were, however, reduced by 60% under the Law economic Reform (Contributory Negligence) Act 1945.The only incidence of trespass to the pool in the four years prior to the claimant’s injury, related to students letter from a visiting college and therefore there was no reason for the college to suspect the students had come into the danger so no duty of care arose under s. (3) (b) Occupiers Liability Act 19 84. Also the trial judge had incorrectly identified the danger. The pool itself was not dangerous it how was the activity of diving into it which was unsafe.Tomlinson v. Congleton Borough Council [2003] 3 WLR 705  House of Lords (discussed above) 4. 1. 2.Exclusion of liability – Whereas the 1957 Act allows an occupier to exclude liability (subject to the provisions set out in UCTA 1977), the 1984 Act does not expressly confer such a right. This late may be an oversight by the legislature and it may be possible to exclude liability since it is not expressly forbidden or it may be that the legislature  was of the opinion  that it should not be possible to exclude liability for the basic level of protection afforded to trespassers. . 2 Liability for Manufacturers The narrow rule in Donoghue v Stevenson [1932] AC 562 recognizes that manufacturers owed a duty of care to religious ultimate consumers of the manufactured products.