Monday, August 24, 2020

Symbol Essay on King Lear

Regularly in writing, imagery is utilized to speak to thoughts or implications from an allegorical perspective. Notwithstanding, in Shakespeare’s play, King Lear, the imagery of visual deficiency is utilized both in an allegorical and strict manner. This imagery would first be able to be found in the figurative visual impairment of Lear, and afterward Gloucester, which at that point prompts the strict visual deficiency of Gloucester later on in the play. These instances of visual deficiency are a significant piece of King Lear since they help the peruser to all the more likely comprehend the topics that Shakespeare needed to pass on through his work.The image of visual deficiency can be found in the absolute first scene of the play, when Lear is requesting acclaim from his girls to conclude who will get the better piece of the land when he surrenders his seat. He is allegorically blinded by his pride and egotism when his oldest little girl, Cordelia, answers by saying nothing. Lear is incensed, â€Å"Nothing will happen to nothing†¦Here I disavow all my fatherly care†¦And as an alien to my heart and me Hold thee from this forever† (I. I. 89-114), and he stupidly ousts the main girl who genuinely adores him.He can't see that through Cordelia’s quiet, she is really saying significantly more than her sisters, who were deluding their dad so as to get power. Through the case of Lear’s activities, the subject that pride and presumption can daze you is introduced to the peruser and proceeds to advance into a significant topic of the play. Another subject that is presented through the image of visual deficiency is that individuals are effectively bamboozled by others. This subject is obvious when Gloucester is misled by his knave child, Edmund. He will probably mislead his dad so as to â€Å"if not by birth, have arrives by wit.† (I. ii. 164).He is so edgy for power that he goes to the extraordinary of placing his sibling in peril due the phony letter he provided for Gloucester, causing him to trust Edgar had betrayed him. Gloucester is blinded by Edmund’s craftiness and deceives where he arranges for Edgar to be murdered. Through his case of allegorical visual deficiency, Gloucester turns into a case of the subject that visual impairment prompts individuals being handily bamboozled by others. Gloucester is additionally a case of the exacting imagery of visual deficiency that Shakespeare utilizes in King Lear.In the third demonstration, comes the bloodiest piece of the catastrophe; Gloucester is truly blinded by Cornwall for helping Lear getaway to Dover. In the wake of having both of his eyes culled out, Gloucester requests to see his child Edmund, whom he accepts is there to ensure him. Regan uncovers reality to him, â€Å"Thou call’st on him that abhors thee. It was he That made the suggestion of thy injustice to us, Who is too acceptable to even think about pitying thee,† (III. vii. 88-90), and Gloucester at that point acknowledges he has been deluded by Edmund and wronged his child Edgar. By not seeing Edmund’s bad form until he was visually impaired, Gloucester presents another topic, visual deficiency can prompt truth.By saying, â€Å"I staggered when I saw,† (IV. I. 19) Gloucester encourages the peruser to comprehend that seeing can dazzle us from reality. Through the image of visual impairment, regardless of whether allegorical or exacting, the importance of the play is extraordinarily improved by the topics the image presents. The peruser can all the more likely comprehend the implications and thoughts that Shakespeare planned to depict through his characters. Lear and Gloucester, through their allegorical and strict models, permit the image to be utilized as a significant piece of the play. Image Essay on King Lear Frequently in writing, imagery is utilized to speak to thoughts or implications from an allegorical perspective. Be that as it may, in Shakespeare’s play, King Lear, the imagery of visual impairment is utilized both in an allegorical and strict manner. This imagery would first be able to be found in the allegorical visual impairment of Lear, and afterward Gloucester, which at that point prompts the strict visual deficiency of Gloucester later on in the play. These instances of visual impairment are a significant piece of King Lear since they help the peruser to more readily comprehend the subjects that Shakespeare needed to pass on through his work.The image of visual deficiency can be found in the absolute first scene of the play, when Lear is requesting acclaim from his little girls to conclude who will get the better piece of the land when he surrenders his seat. He is figuratively blinded by his pride and haughtiness when his oldest girl, Cordelia, answers by saying nothin g. Lear is goaded, â€Å"Nothing will happen to nothing†¦Here I repudiate all my fatherly care†¦And as an alien to my heart and me Hold thee from this forever† (I. I. 89-114), and he stupidly ousts the main girl who genuinely adores him. He can't see that through Cordelia’s quiet, she is really saying considerably more than her sisters, who were deluding their dad so as to get power. Through the case of Lear’s activities, the subject that pride and pomposity can dazzle you is introduced to the peruser and proceeds to advance into a significant topic of the play.Another topic that is presented through the image of visual deficiency is that individuals are handily bamboozled by others. This subject is clear when Gloucester is misled by his knave child, Edmund. He will probably misdirect his dad so as to â€Å"if not by birth, have arrives by wit.† (I. ii. 164). He is so edgy for power that he goes to the extraordinary of placing his sibling in per il due the phony letter he provided for Gloucester, causing him to trust Edgar had betrayed him. Gloucester is blinded by Edmund’s cunning and deceives where he arranges for Edgar to be executed. Through his case of figurative visual impairment, Gloucester turns into a case of the subject that visual impairment prompts individuals being handily misled by others.Gloucester is likewise a case of the strict imagery of visual deficiency that Shakespeare utilizes in King Lear. In the third demonstration, comes the bloodiest piece of the catastrophe; Gloucester is truly blinded by Cornwall for helping Lear break to Dover. In the wake of having both of his eyes culled out, Gloucester requests to see his child Edmund, whom he accepts is there to ensure him.Regan uncovers reality to him, â€Å"Thou call’st on him that loathes thee. It was he That made the suggestion of thy injustice to us, Who is too acceptable to even think about pitying thee,† (III. vii. 88-90), and Gl oucester at that point acknowledges he has been bamboozled by Edmund and wronged his child Edgar. By not seeing Edmund’s bad form until he was visually impaired, Gloucester presents another topic, visual deficiency can prompt truth. By saying, â€Å"I lurched when I saw,† (IV. I. 19) Gloucester encourages the peruser to comprehend that seeing can dazzle us from the truth.Through the image of visual deficiency, regardless of whether figurative or strict, the importance of the play is enormously improved by the subjects the image presents. The peruser can all the more likely comprehend the implications and thoughts that Shakespeare planned to depict through his characters. Lear and Gloucester, through their allegorical and exacting models, permit the image to be utilized as a significant piece of the play.

Saturday, August 22, 2020

Case on Industrial Dispute Essay

Street Transport Corporation (hereinafter alluded to as the ‘Corporation’), has been established under the Road Transport Corporation Act, 1950. The respondent which is a Trade Union of the appealing party Corporation, recorded an Application under the watchful eye of the Labor Court, Dehradun under Section 11-C of the U. P. Modern Disputes Act, 1947 read with Section 13A of the Industrial Employment (Standing Orders) Act, 1946, petitioning God for an affirmation that the 15 people who were selected on contract premise as ‘drivers’ and ‘conductors’ as appeared in the attached outline, be pronounced as standard and meaningful laborers of the Corporation. It was likewise implored in the said Application that the concerned laborers be given all the advantages and offices of standard workers. The previously mentioned Application was permitted by the Labor Court, Dehradun by its request dated 19. 9. 2001. The Labor Court coordinated that the concerned laborers be given the base wages acceptable to the ordinary representatives in the compensation sizes of ‘drivers’ and ‘conductors’. The Labor Court additionally held that the said workers are representatives of the Corporation. It isn't questioned that the concerned laborers were selected on contract premise. Under the steady gaze of the Labor Court, the Corporation had fought that Rule 2 of U. P. S. R. T. C Employees (Other than Officers) Service Regulations, 1981 (hereinafter alluded to as the ‘Regulations’) plainly makes reference to that these guidelines will not have any significant bearing to representatives chipping away at contract premise. The people taking a shot at contract premise documented Writ Petition No. 41349/1999 Kanchi Lal and others versus U. P. S. R. T. C under the steady gaze of the Allahabad High Court for award of same advantages as the normal representatives of the Corporation, yet the said writ appeal had been excused. In any case, the bjection of the Corporation was dismissed by the Labor Court. It recorded a writ request from that point under the watchful eye of the High Court which was excused by the reviled judgment. It was battled in the writ request by the litigant that the concerned laborers had not been chosen as far as the procedure of choi ce required for arrangement of customary workers and subsequently they can't be coordinated to be given least compensation sizes of normal representatives. It was additionally fought that the Labor Court acted past its purview by passing the condemned request dated. As we would like to think, the Labor Court couldn't have conceded the alleviation it allowed by the request dated 19. 9. 2001, as that could just have been conceded on a customary reference under Section 4-K of the U. P. Mechanical Disputes Act or under Section 10 of the Industrial Disputes Act. A scrutiny of the request for the Labor Court dated 19. 9. 2001 shows that it has not alluded to any standing request of the appealing party. Then again, section 3 of the said request alludes to Rule 2 of the 1981 Regulations which unmistakably gives that the Regulations don't matter to workers connected on contract premise. As we would see it, the Labor Court can't change the Regulations while hearing an application under Section 11-C of the Industrial Disputes Act. As effectively expressed over, the extent of Section 11-C is restricted to choose an inquiry emerging out of an application or understanding of a standing request and the Labor Court can't go past the extent of Section 11-C of the U. P. Modern Disputes Act. For the reasons given over, the interests are permitted. The censured judgment of the High Court just as the request for the Labor Court dated 19. 9. 2001 are saved. Be that as it may, it is available to the concerned laborers to raise their complaints before the concerned authority under Section 4-K of the U. P. Modern Disputes Act or under Section 10 of Industrial Disputes Act, by and large, and if the State Government alludes such a question to the Labor Court or Tribunal, we trust that a similar will be chosen quickly. No expenses

Saturday, July 18, 2020

Business_Feasibility_Study Example

Business_Feasibility_Study Example Business_Feasibility_Study â€" Essay Example > Business Feasibility Study: Terrific Experience Tourism CompanyExecutive SummaryTerrific Experience Tourism Company is a business idea that has been borne out of the need investing in the numerous opportunities in tourism industry. This report gives a feasibility study with the aim of convincing investors and other stakeholders to support the idea. The report describes the services that the company will engage in and how it will generate revenues for its operation. Market environment and competition looks at the external macroeconomic factors that will affect the operations of the business. The feasibility study represents the business idea in full explaining how every challenge and need will be met. Environmental conservation will be part of the crucial area that the company will have to pay attention to. Environmental activities and the government are always keen on ensuring enforcement of environmental policies. The financial projects section gives the estimates of balance shee t, income statement, and cash flow of the company. Recommendations and findings give an overview of want should be done. The report ends with a conclusion and it is accompanied by a list of references. Product or ServiceThe company known as Terrific Experience will provide travel services and accommodation to local and international tourists in the area. The company will organize travel tours and excursions in the interior of the country. It will be important to specify that the company will not deal with physical products but majorly services. These services will include travel tours, accommodation, guides provision, sporting activities, and introduction to other parties that the visitors may interested in. The company will provide opportunities for excursions for companies who want to give a special treat to their employees (Carkenord, 2008). The tourism industry has opportunities for investment following the renewed interest in people to understand the environment in which they live in through excursions. As people look for affordable leisure joints and activities, there is need to come up with the kind of service that will satisfy them besides being affordable. This concept will widely target local citizens but will also blend with international tourists who are seeking opportunities for holidays in the country. The company will be known as Terrific Experience Tourist Company. TechnologySophisticated technology has been widely used in the tourism sector. The tourism market is selective, knowledgeable, demanding, sophisticated, demanding, and more experience is needed in its operation. The company will have to employ the latest technology in ensuring that the guests receive high quality services but at an affordable price. Solar systems of heating water for bathing will be encouraged as a means of ensuring environmental conservation. The hotel rooms will have to be fitted with CCTV cameras to enhance surveillance by security teams. The latest dishes of c onnecting main channel service will also be acquired. The company will also have to use electronic or online registration for quick registering visitors. Databases for storing every client’s information will have to be developed to store more information. In adverting, the marketing department will use sophisticated ways of communicate to the general public. Technology plays an important role in launching the activities of the company.

Thursday, May 21, 2020

Women Of The World Championship - 1542 Words

Wife carrying is a sport in which male competitors race while each carrying a female teammate. The objective is for the male to carry the female through a special obstacle track in the fastest time. The sport was first introduced in Finland. Several types of carry may be practised: piggyback, fireman’s carry (over the shoulder), or Estonian-style (the wife hangs upside-down with her legs around the husband’s shoulders, holding onto his waist). Major wife-carrying competitions are held in Sonkajà ¤rvi, Finland (where the prize depends on the wife’s weight in beer); Monona, Wisconsin; Minocqua, Wisconsin; and Marquette, Michigan. The North American Wife Carrying Championships take place every year on Columbus Day Weekend in October at Sunday†¦show more content†¦Competition Competitors run the course two at a time in initial heats, with each team being timed. The two fastest teams qualify for a final heat, which may be timed or untimed, with the winner of the final heat being the winner of the event. Because the final heat is determined by time, qualifying teams do not necessarily have win their initial heat. Additional heats may be run for third place, and on. If a competitor drops his teammate, their team will be penalized with five seconds added to their time. Teams may not advance on the course without the wife being carried, and will be disqualified if they do so There is no restriction on how the female teammate is carried. Several types of carry are commonly used including the Piggyback and Fireman s Carry (over the shoulder), but the most popular is the Estonian Carry (the wife hangs upside-down with her legs around the husband s shoulders, holding onto his waist) Competitors Teammates are not required to be legally married Helmets are not required for the carried competitor. (The World s requires a helmet.) The only special equipment allowed to be worn by the carrier is a belt, which is optional. There is no minimum weight limit for the female competitor. (The Worlds set a weight limit of 49 kilograms / 108 pounds, and weight belts are used to make up any difference in weight.) Prize Wife’s weight in beer and 5x her weight in money https://www.youtube.com/watch?v=_gdj0jTHMOM Midwest Wife CarryingShow MoreRelatedWwe Essay1678 Words   |  7 Pageswrestling in the WWE. The WWE Divas Championship was cast aside in favor of the WWE Women’s Championship, and although this new championship doesn’t share the same (mostly) outstanding lineage as the one that preceded it, it marked an important change in the way that women were presented by the WWE. The WWE Divas needed to go; they were treated badly by the WWE creative teams, the female demographic was growing, and NXT was proving to the world that the women could be as good as, or even better thanRead MoreWwe Essay1438 Words   |  6 PagesThe year 2016 saw the resurgence of women’s wrestling in the WWE. The WWE Divas Championship was cast aside in favor of the prestigious WWE Women’s Championship, and although this championship doesn’t share the same (mostly) outstanding line age as the one that preceded it, it marked a massive change in the way that women were presented in the ring by the WWE. Before the female wrestlers of the WWE started being referred to as Superstars, just as the men are, they had their own brand (known as theRead MorePopular Sports in Russia1561 Words   |  7 Pagesinterested mainly on the national team competing in the world cup and European championship, the Russian premier league and less important competitions like the Russian cup. During the Soviet Era, football was the number one sport and it is still the number one sport in Russia today. A very high proportion is interested in it to a certain extent and women join men when it comes to the national team. The Russian league (Russia’s main football championship) is regaining its former strength due to huge sponsorshipRead MoreInformative Speech About Basketball849 Words   |  4 Pageshad nine players, and the goals were wooden peach baskets affixed to the walls. By 1897-1898, teams of five became standard. The game rapidly spread nationwide and to Canada and other parts of the world, pl ayed by both women and men; it also became a popular informal outdoor game. U.S. servicemen in World War II (1939-1945) popularized the sport in many other countries. Second main point: Rules of basketball Basketball has 2 type which are full court game and 3 on3 game. In full courtRead MoreThe Hockey Of The Nhl1684 Words   |  7 Pages Women in the NHL There is this sport that you skate around on ice and try to get points by hitting a puck into the other team s goal with a stick. It’s one of the most popular sports in the world. The profession team is called the National Hockey League (NHL), where there are over 25 teams in the league. This sport is really rough and competitive, it’s mostly a men s sport. If women were to play in the NHL they would be a huge role model. They have women hockey leagues, but they don’t have anyRead MoreGenders Role in College Sports Essay561 Words   |  3 Pagessports. For that same amount of time, it has been instilled that men are faster, stronger, and just plain better at athletics. We also have come to realize that the slower, weaker, and not as good women make up for physical strength with mental prowess, to succeed on the playing fields and courts of the world. However, this concept has not caught up with athletic directors, coaches, and trustees boards across the countr y. Womens athletics is still not given the financial backing, the practice facilitiesRead MoreWhy Should We Care?954 Words   |  4 Pagesincrease. With a typical promotion, there is an increase in salary if the worker is an asset towards the company. â€Å"The numbers speak for themselves, we are the best in the world, have three World Cup Championships, four Olympic Championships, and the USMNT get paid more just to show up than we get paid to win major championships.† (Hope Solo). Not only are they representing the United States, but they are also drawing thousands of spectators to major events. Those spectators draw not only peopleRead MorePre Game Rituals : Who Is Everything Goes On Left First?871 Words   |  4 Pages14 All-star team when she was only eleven for soccer. She led her team the Burnaby girls soccer club to victories many times. There team ended up winning 6 league championships, 5 provincial titles, and also she led her team to top five national finishes. She was the main reason that her Burnaby high school team won three championships. She then went on to play for the Canadian under 18 national team. She began playing at the adult level in the Algarve cup, in which event she scored a hat trick.Read MoreOlympic Sports History824 Words   |  4 PagesOlympic sports is a world competition, and there are a variety of world records. Cesar Cielo, from Brazil swam 20.91 in a 50 meter freestyle in 2009, as well as the 100m freestyle the same year. Paul Biedermann from Germany swam the 200m and 400m freestyle race in 1;42 and 3:40 in 2009. Zhang Lin from China swam the 800m freestyle in 7:32 in 2009. Sun Lang from China swam the 1500 m freestyle in 2009. Liam Tancock from Great Britain swam the 50m backstroke in 51.85 in 2009. Ryan Murphy from fromRead MoreThe World Of E Sports1574 Words   |  7 Pagesvictorious! The crowd stands and cheers. The winning team is handed a trophy as viewers at home share the experience on ESPN. Most would picture a basketball tournament, but this scenario is one I personally witnessed at the Halo 5 World Championship at the Winter X-Games. The world of e-sports, where teams compete in popular online or console games, such as â€Å"League of Legends† and â€Å"Halo† and viewed by fans, is part of the mainstream culture of gaming. Gaming started in 1972 when Pong was introduced on an

Wednesday, May 6, 2020

The Segregation Of The Black School - 1299 Words

In today’s society, seeing multiple ethnicities together in one place is not uncommon, but for many years African Americans were segregated against by whites. Not only was segregation prevalent in the 1890’s, but racism and discrimination were other controversies that African Americans also faced. Segregation in the nineteenth century was seen in many places ranging anywhere from public facilities to public transportation. This type of segregation was referred to as The Jim Crow Laws. The Jim Crow Laws were a set of enforced rules that segregation Segregation also included what schools African American were and were not allowed to attend. Life before the Brown versus Board of Education for an African American student was difficult. It†¦show more content†¦Two years later, in 1954, the Chief Justice ruled that segregation in public schools was unconstitutional and would no longer be allowed (United States Courts, par. 11-15). In 1954, when the Supreme Court ruled that segregation in public schools was unconstitutional, desegregation had to begin in public schools, because the African American children were not getting an equal education. Chief Justice Warren of the Supreme Court decided that the saying ‘separate but equal’ did not apply and was not acceptable for education (United States Courts, par. 11-15). In the primary source of Felix Frankfurter’s draft decree to enforce the Brown v. Board of Education decision it states that no student should be denied admission to any public school because of his race. After these decisions, integration then began, but did not take place in a single instance; however, the Supreme Court integrated a small amount of children into schools at a single time. This idea was also known as integrating with â€Å"all deliberate speed† (United States Courts, par. 11-15). They wanted to ensure that the transition was as smooth as possible for the stu dents. Since not all black students could go to the white schools, because there was not adequate space for all the students the black schools were renovated to become equal to the whiteShow MoreRelated Segregation Essay examples824 Words   |  4 Pages nbsp;nbsp;nbsp;nbsp;nbsp;On May 17, 1954 the United States Supreme Court struck down the separate but equal doctrine in American public schools (Willoughby 40). The Constitution of the United States of America, Amendment XVI states that: nbsp;nbsp;nbsp;nbsp;nbsp;All persons born or naturalized in the United States of America, and subject to nbsp;nbsp;nbsp;nbsp;nbsp;the jurisdiction thereof, are citizens of the United States and of the state wherein nbsp;nbsp;nbsp;nbsp;nbsp;theyRead MoreNelson Mandela s Eradication Of The Apartheid1327 Words   |  6 Pages1994 became South Africa’s first black president. Mandela and many other black South Africans worked hard to end the unjust segregation in South Africa, and they were successful in destroying the wicked apartheid system. Over 20 years after the eradication of the apartheid, is South Africa completely free of the past segregation and social problems it faced before? Even though activists like Mandela changed many social problems the country faced, sadly segregation and racism until this day hauntsRead MoreStill Separate, Still Unequal1648 Words   |  7 PagesStill Separate, Still Unequal Segregation is a topic that has been discussed for decades. Segregation in schools wasnt really dealt with. The government basically disguised it and kept it away from the public. Brown V. Board of Education, Plessy V. Ferguson, and Jim Crow Laws was the cover, but it didnt solve anything. Segregation isnt just about race, its also financially. When money is involved in the situation theres a major advantage. Johnathan Kozol talks about how were still separateRead MoreThe Civil Rights Movement in the 1950s Essay550 Words   |  3 Pagesstate laws segregating black people and white people with its decision concerning the Plessey v Ferguson case. The decision stated that black and white should be separate but equal, meaning the same standard of facilities for both. In reality it legally enforced a state of affairs that assured that blacks would never be equal, and couldn’t get equal treatment, status or opportunity in their own country. During the Second World War, the black American Gi’s realised that Read MoreSegregated Children in the United States Essay1689 Words   |  7 PagesChildren From the 1880s to about the mid 1960s segregation had taken over American cities and towns. Segregation is the act of setting someone or something apart from other people or things. In America, African Americans were segregated from White people. Segregation was a result of the abolishment of slavery twenty-five years before. Whites still wanted to feel superior to the Blacks, and without slavery to chain them down, they decided to begin segregation by establishing Jim Crow laws. Jim Crow lawsRead MoreEssay on The Segregation of School in America1209 Words   |  5 PagesThe Segregation of School in America In history there are two major turning points in the fight for equal rights. The first was â€Å"Homer Plessey vs. The rail road company† of 1986. Homer Plessey was asked to sit in a black only carriage and refused; he was kicked off the train. He decided to take his case to the supreme court and they ruled in favour of segregation, saying â€Å"separate but equal†. Segregation had been occurring for many years already in the form of â€Å"The JimRead MoreThe Civil Rights Movement Essay1259 Words   |  6 Pagesmovement refers to the reform movement in the United States beginning in the 1954 to 1968 led primarily by Blacks for outlawing racial discrimination against African-Americans to prove the civil rights of personal Black citizen. For ten decades after the Emancipation Proclamation, African-Americans in Southern states still live a rigid unequal world of deprive right of citizenship, segregation and various forms of oppression, including race-inspired violence. â€Å"Jim Crow† laws at the local and stateRead MoreThe Unequal Separation Of African Americans1453 Words   |  6 PagesAfrican Americans as a whole agree that racial segregation has affected their chances of employment, residency, education and access to proper health facilities. Many have stories and experiences of being qualified for a job but being turned down for being African American. Several experiments hav e been conducted where an African American would attempt to view homes in diverse neighborhoods and be turned down and white co-workers or friends would call immediately after and be invited to come in.Read More Segregation: Seperate but Equal967 Words   |  4 Pagesproblem was segregation. Segregation is the act of separating a certain person or faction from the main group. In America’s case segregation was practiced on minorities such as African-Americans, Hispanics, and Asians. The full force of segregation was brought down on African-Americans. Segregation was based on shear hatred of blacks by white Americans. The majority of them derived their hatred for African-Americans from their parents. This hatred was applied to all aspects of black people’s livesRead MoreSegregated African American Children Essay1050 Words   |  5 PagesChildren From the 1880s to about the mid 1960s segregation had taken over American cities and towns. Segregation is the act of setting someone or something apart from other people or things. In America, African Americans were segregated from White people. Segregation was a result of the abolishment of slavery twenty-five years before. Whites still wanted to feel superior to the Blacks, and without slavery to chain them down, they decided to begin segregation by establishing Jim Crow laws. Jim Crow laws

Criminal Law Free Essays

Mens Rea refers to the guilty mind required for criminal liability. Intention and recklessness are the two forms of Mens Rea that are part of most offences and have been the subject of judicial scrutiny. There is a vast volume of case law on intention and recklessness which demonstrates the problems that courts have had in perfecting an appropriate definition. We will write a custom essay sample on Criminal Law or any similar topic only for you Order Now Mens Rea is concerned with the defendants state of mind at the time of the Actus Reus. It is difficult to prove what was in someones mind which partially explains why the courts struggle with these words. Intention is the most culpable form of mens Rea. This is because it is more blameworthy to cause harm deliberately (intention) than it is to do so carelessly (recklessness). Therefore intention is used in more serious offences. Murder requires intention to kill or cause GBH which sets it apart from other, less capable, forms of homicide. There is normally no need for an elaborate definition of intention in order to decide whether an Actus Reus was intended. A few exceptional situations may present difficulty , but usually the analysis will be intuitively obvious. â€Å"The general legal opinion is that ‘intention’ cannot be satisfactorily defined and does not need a definition, since everybody knows what it means†. Lord Bridge in R v Moloney [1985] AC 905, 926 states that â€Å"the golden rule should be that the judge should avoid any elaboration paraphrase of what is meant by intent, and leave it to the jury’s good sense to decide whether the accused acted with the necessary intent†. This is where the first form of intention, direct intention, falls under. Direct intention corresponds with the everyday meaning of intention. A person who has causing death as his aim, purpose or goal has direct intention to kill. It was defined in Mohan [1976] as ‘a decision to bring about the commission of an offence, no matter whether the defendant desired the consequences of his act or not. Some cases are difficult which means that we do sometimes need guidelines about what intention means. The legal territory of intention comprises two alternative categories. D may be found to have intended the Actus Reus if I) D intended the Actus Reus in the ordinary, core sense of â€Å"intention†; or ii) D recognised that the Actus Reus was a virtually certain consequence of his actions. The first case, is the standard or core variety and largely reflects the ordinary language meaning of â€Å"intention†. In this paradigm case, D tries to bring about the relevant outcome. For whatever reason, he wants or needs to bring about that outcome, and that is why he acts as he does. By contrast, in the virtual certainty case, (ii), D does not act in order to bring about the intended outcome. He acts for other reasons. However he knows that the Actus Reus is a virtually certain consequence of his actions. Though that is not what he is trying to bring about, it is a practically inevitable concomitant. In very rare or exceptional cases, the result might not be D’s aim or purpose. In such cases, D still might legally intend the result and so further direction to the jury is needed. This is where the second form of intention comes in, indirect/oblique intention. Glanville Williams (1987) described oblique intention as something you see clearly but out the corner of your eye, a side effect that you accept as an inevitable or ‘certain’ accompaniment of your direct intent. To be able to understand oblique intention in more depth, it is important to look at the progression of the case law that aided the development of indirect intention. Moloney in the House of Lords: used ‘natural consequences ‘ to describe something that necessarily followed the defendant’s pursuit of his primary purpose. This was ambiguous as natural consequences need not be inevitable: pregnancy is a natural consequence of intercourse but it is by no means inevitable. Hancock and Shankland then addressed this ambiguity, stating that reference should be made to the degree of probability that the prohibited outcome would result from the defendant achieving his primary purpose. Their reasoning was such that, the greater the probability of the consequence, the more likely it was that the result was foreseen, then the higher the level of foreseeability of the result and the more likely it was that the result was intended. Moloney, Hancock and Shankland conflicted in their formulation of an appropriate test of oblique intention. Nedrick in the court of Appeal addressed the conflict and formulated the virtual certainty test which conveyed inevitability (Moloney) and foreseeability (Hancock and Shankland). As Nedrick lacked the authoritative status of a House of Lords decision, subsequent case law eroded the narrow virtual certainty test. In R v Woolin [1999] the defendant threw his baby in exasperation when it would not stop crying. The baby died from head injuries. It was accepted that the defendant did not intend to cause harm to the child. His conviction for murder was upheld by the court of Appeal on the basis that it was not a misdirection to explain oblique intention to the jury in terms of ‘appreciation of a substantial risk of injury’. His appeal was allowed by the House of Lords. Ultimately, the Court of Appeal in Woolin accepted a test based upon ‘substantial risk’ which created a dangerous overlap with recklessness (therefore blurring the line between murder and manslaughter). However, in R v Matthews and Alleyne ([2003] EWCA Crim 192, [2003] 2 Cr App R 30) the defendants appealed against their conviction for murder following the death of a young man (a non-swimmer) whom they had (having burgled) thrown from a bridge into a river. The Court of Appeal affirmed the conviction, which it did not consider unsafe in the light of the evidence, but expressed concern that the Nedrick/Woolin evidential rule should not be treated as if it were a rule of law. A defendant’s foresight of virtually certain death does not automatically require the jury to find that he intended that result: it is merely (albeit often very strong evidence) from which the jury may infer intent. In conclusion, it seems that when looking at oblique intention, there can be some confusion in the courts, however in my opinion, after some progression in this area following the cases of Woolin (1999) and Matthews (2003) the law of intention is satisfactorily defined in the criminal law. How to cite Criminal Law, Papers Criminal Law Free Essays Criminal law addresses the government’s prosecution of individuals who have committed an act classified as a crime. Federal, state, and local governments categorize crime and prosecute criminals. This is the nature and purpose of law. We will write a custom essay sample on Criminal Law or any similar topic only for you Order Now Without laws, people wouldn’t know what to do. The rule of law is the belief that an orderly society must be governed by established principles (laws) and applied fairly to all of its members (basically stating that no one is above the law). For example, if the President decided that he wanted to rob a bank, he would be punished just like everyone else. There are five types of law: criminal law, civil law, administrative law, case law, and procedural law. Civil law is the branch of modern law that governs relationships between parties. Procedural law is the part of the law that specifies the methods to be used in enforcing substantive law. Administrative law is the body of regulations that governments create to control the activities of industry, business, and people. Case law is a legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases. General categories of crime include: felonies, misdemeanors, offenses, treason and espionage, and inchoate offenses. Felonies are serious crimes (murder, rape, robbery, etc. ) they are punishable by death or by being imprisoned for at least a year. Misdemeanors are minor crimes like petty theft (theft of items of little value), simple assault, etc. They are punishable by a year in prison or less, or by a fine or community service. Offenses (also known as infractions) are less serious than misdemeanors like jaywalking, littering, not putting on a seatbelt, etc. They are punishable by a fine. Treason is a U. S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the U. S. Espionage, similar to treason is an offense that can be committed by noncitizens to help injure the U. S. An inchoate offense is an offense not yet completed (for example, conspiracy). When a person is charged with a crime, they usually offer a defense. A defense is evidence or arguments from the accused about why they should not be charged with a crime. There are four categories of defense: 1) alibi, 2) ustifications, 3) excuses, and 4) procedural defenses. An alibi (if it can be verified) shows that the person couldn’t have done the crime because they were somewhere else or with someone else at that time. A justification (like self-defense) means the person admitted to the crime but said it was necessary to prevent something worse from happening. When the accused person offers an excuse, they’re saying that some personal condition (like being drunk) or circumstance (like just being fired) at the time influenced them, and they shouldn’t be punished. Procedural defense claims that the accused was discriminated against in the justice process or some important procedure was not properly followed in the investigation or prosecution of the crime charged. There is also a cultural defense which is a defense in which the defendant’s culture is taken into account in judging his or her culpability. Courts rarely allow this defense, but exceptions are made when groups are able to argue that their religious and cultural rights have been violated. The M’ Naghten rule (a rule for determining insanity) says that a person is not guilty of a crime if at the time of the crime the person didn’t know what they were doing or that what they were doing was wrong. Guilty but mentally ill is a verdict that states that a person can be held responsible for a criminal act even though a degree of mental illness is present. A judge can impose any sentence possible for the crime. Usually mandated psychiatric treatment is part of the sentence. Once cured, the defendant is put in general population to serve any remaining sentence. Temporary insanity is another defense. It means that the accused person claims to have only been insane at the time of the crime. If the jury agrees, the accused can go free. There are consequences to an insanity ruling however; the judge may order the defendant to undergo psychiatric treatment until cured. Since most psychiatrists are reluctant to let patients out, the defendant might stay there longer than they would’ve been in prison. Diminished capacity is a defense meaning the defendant may have a significantly impaired ability to understand the wrongfulness of the crime and to use reason or control behavior that the defendant knows is wrong. Incompetent to stand trial means as a result of mental illness, defect, or disability, the defendant cannot understand the nature of the charges and proceedings against him or her, of consulting with an attorney, and with aiding in his or her own defense. There are seven types of procedural defenses: entrapment, double jeopardy, collateral estoppel, selective prosecution, denial of a speedy trial, prosecutorial misconduct, and police fraud. Entrapment is an improper or illegal inducement to crime by enforcement agents. Double jeopardy is a common law stating a defendant cannot be tried twice for the same crime. You can read also King v Cogdon Collateral estoppel is like double jeopardy but it applies to facts that have been determined by a valid and final judgment. Selective prosecution is based on the 14th amendment’s guarantee of â€Å"equal protection of the laws. † Denial of a speedy trial is pretty much self-explanatory. Prosecutorial misconduct describes actions taken by prosecutors that give the government an unfair advantage or that prejudice the rights of a defendant or witness. When they knowingly permit false testimony or hide information that would help the defense, is prosecutorial misconduct. Police fraud suggests that evidence against a defendant had been made or planted by a police officer because of a general dislike for the defendant. All crimes are said to share certain features that, taken together make up the essence of crime: the criminal act (or actus reus), a culpable mental state (or mens rea), and a concurrence of the two. There are also five additional principles that allow us to really understand crime: 1) causation, 2) a resulting harm, 3) the principle of legality, 4) the principle of punishment, and 5) necessary attendant circumstances. All of this makes up criminal law as we know it today. How to cite Criminal Law, Papers

Saturday, April 25, 2020

What is Spam Anyway Essay Example For Students

What is Spam Anyway? Essay Ive found when people discuss spam they really have no idea what they aretalking about. There are as many different definitions of spam as there arepeople. In point of fact, this factor alone (not being able to define whatspam is and what it consists of) makes it virtually impossible to control. In order to control spam, a useful definition is necessary. Why? Simple. Inorder to control something, you must know what you are controlling. Whenyou understand the basic facts, then you can take whatever course of actionis necessary. Until you achieve that understanding, you will be shootingblindly at an undefined target. This makes it very difficult to actually doanything useful. So on that note, what kind of definitions for spam work and dont work?Commonly spam is defined as unsolicited email. Unfortunately, thisdefinition by itself is NOT spam and means absolutely nothing. Whats wrongwith it? This definition does not help you solve the problem, and thus isincorrect. If this definition was true, then to prevent spam you would haveto somehow contact a person to ask them if you could send them an email. We will write a custom essay on What is Spam Anyway? specifically for you for only $16.38 $13.9/page Order now For example, I dont generally call someone on the phone and ask them foran email message. That would be silly. In fact, by definition most email isunsolicited; I dont, for example, expect my wife or a friend to ask me ifits okay to send me a message. Sometimes spam is defined as emails that are from unknown sources. Hmm. This really doesnt work well either. Ill get emails from my website frompeople I dont know these are not spam. Also, sometimes my friends willpass my email address to their friends, who send me email. These are alsonot spam, even though they were from an unknown source and wereunsolicited. How about just plain annoying emails? That seems to be the definition thatmost people have in mind when they mention spam. If the email is annoyingin some manner, and especially if it was unsolicited, it is spam. Thisdefinition probably gets a little closer to the heart of the matter, but itreally doesnt define spam well. What about unsolicited bulk email? This definition gets a little bit closerbut it still doesnt really define spam well. I mean I give my emailaddress to my bank and I really didnt ask them to send me emails (althoughI didnt ask them not to as well). Yet I would not call this spam as I dobusiness with the bank. Their emails might be annoying, but since I have abusiness relationship with the bank I expect them to communicate with meoccasionally. Okay, so what is spam?I like to think of spam as unethical mass email. By this I mean emailswhich violate the netiquette standards of the majority of users of theinternet. Note that by this definition, an individual email sent to a person is notspam. A commercial email, however, is another matter. Even a singlecommercial email might be unethical if it does not follow the rules below. Ethical emails are targeted well towards their audience. Unethical emailsare mass mailings sent out blindly to a large number of people. These are emails that are sent to thousands, tens of thousands, evenmillions of people, hoping against hope that a few dozen will be stupid orgreedy enough to respond. These emails are untargeted and will not pertainto the majority of the recipients. Since the majority of the people readingthe message (usually upwards of 99%) will simply delete it immediately,this makes the mailing unethical. .u99b409746df8d2976f3f5bb8ebf6408f , .u99b409746df8d2976f3f5bb8ebf6408f .postImageUrl , .u99b409746df8d2976f3f5bb8ebf6408f .centered-text-area { min-height: 80px; position: relative; } .u99b409746df8d2976f3f5bb8ebf6408f , .u99b409746df8d2976f3f5bb8ebf6408f:hover , .u99b409746df8d2976f3f5bb8ebf6408f:visited , .u99b409746df8d2976f3f5bb8ebf6408f:active { border:0!important; } .u99b409746df8d2976f3f5bb8ebf6408f .clearfix:after { content: ""; display: table; clear: both; } .u99b409746df8d2976f3f5bb8ebf6408f { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u99b409746df8d2976f3f5bb8ebf6408f:active , .u99b409746df8d2976f3f5bb8ebf6408f:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u99b409746df8d2976f3f5bb8ebf6408f .centered-text-area { width: 100%; position: relative ; } .u99b409746df8d2976f3f5bb8ebf6408f .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u99b409746df8d2976f3f5bb8ebf6408f .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u99b409746df8d2976f3f5bb8ebf6408f .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u99b409746df8d2976f3f5bb8ebf6408f:hover .ctaButton { background-color: #34495E!important; } .u99b409746df8d2976f3f5bb8ebf6408f .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u99b409746df8d2976f3f5bb8ebf6408f .u99b409746df8d2976f3f5bb8ebf6408f-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u99b409746df8d2976f3f5bb8ebf6408f:after { content: ""; display: block; clear: both; } READ: Homeless Assistance EssayEthical email messages include valid email header information. Thisinformation properly identifies the sender of the message. In addition, allof the other header data in the message is correct. Spam messages often have forged or invalid email headers. This means it isdifficult (if not virtually impossible) to trace the source of the emailbased upon the header information within the email message. Since thesender of the message cannot be identified the message is unethical. Inthis case, even a single email message would count as spam. Ethical mailings include a method for opting out which actually works. If you run a newsletter or do any kind of mass mailing, you must include atleast one method of removal in the email message itself. This removalmethod (and more than one is preferable) MUST WORK. Some things which Ioften see in opt-out schemes which ARE NOT VALID include the following: . Any email message which states that the reader must go to a web site,log in and then modify his email preferences is UNETHICAL. Thisrequires too much information from the user and forces him to do toomuch work. . If the email message includes an unsubscribe link (or other means)which does not work, then it is UNETHICAL. . Messages which validly allow for opt-out but then say you will beremoved in a week or some other long period of time are UNETHICAL. These are computers people, and there is no reason to include theselong delays. Remove the person immediately. Ethical mass mailings are double-opt-in. This means after a person signs upfor the mailing list, he receives a confirmation message. He must eitherreply to this message or click a link to activate the mailings to him. Anyother form of opt-in is UNETHICAL as it allows people to be subscribed byothers or by accident. Ethical mailings do not include webbugs, set cookies or perform any kind ofinvoluntary tracking. Email messages are often opened up by the recipient before he knowsanything about the message. This means if you are doing any kind oftracking, the person has no way to stop it, short of blocking the receiptof the message entirely. This lack of a choice on the part of the recipientmakes this kind of tracking UNETHICAL. The only time this would be ethicalis if it was clearly stated when the user signed up for the mailing. Inthat instance, this behavior is known and this makes it ethical. Note thatwhile the web site privacy policy should state this fact, it must also bestated clearly on the page where the person actually signs up for themailing. Ethical mailers do not use email harvesters. Using special robots to gatheremail addresses from web sites is UNETHICAL. These email addresses aregenerally included on web sites to allow individuals to communicate withindividuals. Rarely is the intention to join a mass mailing listdistributed on CD. ALL USES OF EMAIL HARVESTING IS UNETHICAL. Ethical mailers do not take advantage of open relays or use other spammertricks. If you are legitimate, then there is no need to attempt to hideyour whereabouts or cover your tracks. Using a relay without permission orsending millions of emails through an unprotected formmail script is simplybad manners. Get the idea? Spamming is NOT sending someone one or more email messageswithout their express permission. Spamming is simply ignoring the rights ofothers (your audience, system administrators and even the users of theinternet as a whole). Thats all it is.