Georger Washington Essay -- Presidents England Farms Papers

George Washington The king of England, George III, was fond of farming. His favorite diversion was to ride about his lands, chatting with the tenants about the crops. "Farmer George," he called himself. His arch-opponent, George Washington, had the same fondness for farming. He too enjoyed riding about his lands and talking about the crops. Indeed there was nothing else he enjoyed quite so much. But there the likeness ceased. And among the many other matters that differentiated George Washington from George III, none was more striking than his greater dignity and reserve. George Washington would never have taken the liberty of calling himself "farmer George," nor would he have allowed anyone else to do so. Even his close friends took care to keep their distance, and those who forgot to were apt to be brought up sharp. A familiar anecdote, through perhaps apocryphal, well illustrates Washington's customary posture toward himself and toward others. During the meeting of the Constitutional Convention in Philadelphia a group of Washington's friends were remarking on his extraordinarily reserved and remote manner, even among his most intimate acquaintances. Gouverneur Morris, who was always full of boldness and wit, had the nerve to disagree. He could be as familiar with Washington, he said, as with any of his other friends. Alexander Hamilton called his bluff by offering to provide a supper and wine for a dozen of them if Morris would, at the next reception Washington gave, simply walk up to him, gently slap him on the shoulder, and say, "My dear General, how happy I am to see you look so well." On the appointed evening a substantial number were already present when Morris arrived, walked up to Washington, bowed, shook hands, an... ...im in the election that elevated Jefferson to the presidency. But he need not have feared. The republic did survive and long preserved the aloofness from foreign quarrels that he had prescribed for it. His honor survived with it, and posterity has preserved his image in all the aloofness that he prescribed for himself. Although the mass of citizens have learned to look upon most of their other historical heroes with an affectionate familiarity, they have not presumed to do so with Washington. The good judgment that he was sure they possessed has prevented a posthumous repetition of the folly perpetrated by Gouverneur Morris. Americans honor the father of their country from a respectful distance. And that is surely the way Washington would have wanted it. --from Edmund S. Morgan, The Meaning of Independence (Charlottesville: University Press of Virginia, 1976) Georger Washington Essay -- Presidents England Farms Papers George Washington The king of England, George III, was fond of farming. His favorite diversion was to ride about his lands, chatting with the tenants about the crops. "Farmer George," he called himself. His arch-opponent, George Washington, had the same fondness for farming. He too enjoyed riding about his lands and talking about the crops. Indeed there was nothing else he enjoyed quite so much. But there the likeness ceased. And among the many other matters that differentiated George Washington from George III, none was more striking than his greater dignity and reserve. George Washington would never have taken the liberty of calling himself "farmer George," nor would he have allowed anyone else to do so. Even his close friends took care to keep their distance, and those who forgot to were apt to be brought up sharp. A familiar anecdote, through perhaps apocryphal, well illustrates Washington's customary posture toward himself and toward others. During the meeting of the Constitutional Convention in Philadelphia a group of Washington's friends were remarking on his extraordinarily reserved and remote manner, even among his most intimate acquaintances. Gouverneur Morris, who was always full of boldness and wit, had the nerve to disagree. He could be as familiar with Washington, he said, as with any of his other friends. Alexander Hamilton called his bluff by offering to provide a supper and wine for a dozen of them if Morris would, at the next reception Washington gave, simply walk up to him, gently slap him on the shoulder, and say, "My dear General, how happy I am to see you look so well." On the appointed evening a substantial number were already present when Morris arrived, walked up to Washington, bowed, shook hands, an... ...im in the election that elevated Jefferson to the presidency. But he need not have feared. The republic did survive and long preserved the aloofness from foreign quarrels that he had prescribed for it. His honor survived with it, and posterity has preserved his image in all the aloofness that he prescribed for himself. Although the mass of citizens have learned to look upon most of their other historical heroes with an affectionate familiarity, they have not presumed to do so with Washington. The good judgment that he was sure they possessed has prevented a posthumous repetition of the folly perpetrated by Gouverneur Morris. Americans honor the father of their country from a respectful distance. And that is surely the way Washington would have wanted it. --from Edmund S. Morgan, The Meaning of Independence (Charlottesville: University Press of Virginia, 1976)

Dealing with Suffering and Loss

Suffering and loss is a regular situation in the human life cycle, it is vital to learn how to deal with it so that it doesn’t affect the rest of our lives negatively. In Scott Russell Sanders’s Ten Reasons Why We’ll Always Need a Good Story he explains that one of the reasons is to help us deal and become aware of suffering, loss, and death. During our youth we often don’t consider the end of the life cycle.However, in life we will always encounter grieving from a loved one’s death. The first time we experience some sort of grieving it may be very hard to handle and may cause depression. Stories help us prepare for moments of suffering, loss, and death with fictional experiences which show us how to deal with these unfortunate events. In the three short stories we read at least one character in each story is forced to deal with suffering, loss, or death.In the short story Bluffing by Gail Helgason, Liam has an unfortunate accident and experiences p hysical pain as well as the emotional pain of his deteriorating relationship with Gabriella. In Two Words by Isabel Allende, Belisa Crepusculario is devastated by the death of her entire family due to their impoverished lifestyle and the love between her and the Colonel causes them to miss each other. In The Indisputable Weight of the Ocean by Darryl Berger, Edmund deals with not being able to see his father and deals with the suffering of moving to a suburban area.First of all, breaking up with your partner can cause heavy depression to some people and it makes us feel like we’ve lost someone important in our lives, also enduring a large amount of physical pain causes us to more careful to avoid feeling anything like that again. In Bluffing we do not get to witness how Gabriella and Liam’s relationship continues, however, the author leaves us to infer that the relationship is coming to an end. We are also left to infer how they both feel after they breakup.Gabriella f eels that Liam is not committed to the relationship after he broke the news to her that he would be leaving to go on a hiking trip for three months. When Gabriella stormed off into the woods it becomes clear that she is ending the relationship, however, the accident that happened to Liam just after she stormed off made it hard for her to leave him because of his condition, it would make her seem superficial because Liam would think she is breaking up with him because he looks worse: â€Å"She knows in her bones that she can manage this way, for the rest of the rest of the afternoon, at least† (Helgason 7).Another example of suffering and loss in Bluffing is when Liam is unfortunately attacked by a grizzly and receives many injuries to his body and also to his face. Liam has to suffer with this immense amount of physical pain. Liam’s confidence may also be lower due to his â€Å"puffed up [skin], mottled, with ridges of shiny, rubbery scar tissue†(Helgason 7) whi ch may cause depression because he doesn’t want anyone to see him the way his is now, looking worse than before. We cannot allow breaking up with our partner or physical pain to affect us negatively for too long because these are both natural incidents of human life.Second of all, dealing with the death of a loved one is often the most amount of emotional pain someone can experience in a lifetime, also not knowing if you will ever see a loved one can also cause depression. In the short story Two Words Belisa Crepusculario lives an impoverished lifestyle where her â€Å"family is so poor they did not even have names to give their children†¦and [she] grew up in an inhospitable land† (Allende 1) making it hard for the Crepusculario family to survive.Tragically, Belisa had to bury four younger brothers and sisters. This is most likely the most horrifying incident Belisa will experience in her life time and what made it worse is that they were all very young. Surely, B elisa did a lot of grieving but she overcame her emotional pain and set out on a journey for a positive life. She became widely popular and respected across the country even catching the attention of the Colonel for her incredible skill with words. She enjoys her profession and the new life she has begun.This story of Belisa’s misfortune is a great lesson of human life because we cannot allow the grieving of a loved one’s death to control the rest of our lives, the same way Belisa beats the odds and begins a positive life: â€Å"There were few occupations she was qualified for. It seemed that selling words would be an honourable alternative† (Allende 3). The next example of suffering and loss in Two Words is when Belisa tells the colonel the secret words and they control his mind at an important point in his career: â€Å"Those two words that were buried like two daggers in his gut† (Allende 7).This shows loss because the Colonel is unable to think straig ht because of his love for Belisa after she tells him the two words. He doesn’t know if he will ever see her again and he is constantly worried about that. This shows us how not being able to see someone you love can affect you negatively. In two words Belisa’s grieving of her siblings and the love between Belisa and the Colonel are two examples that show us how to deal with suffering and loss.Not being able to see a family member or friend is similar to losing someone, however, we still have hope that we will one day meet them again, and being forced to change your lifestyle can cause suffering. In The Indisputable Weight of the Ocean a â€Å"little gentleman† by the name of Edmund Kelley has a father who is a mystery to him. The author explains, â€Å"For as long as he could remember, it had just been the two of them† (Berger 1). Since Edmund is an incredibly intelligent ten year old he has surely wondered if his father is actually just away for work fo r so many years.His father being away for so long makes Edmund feel as though he has lost him, however, he still has hope that one day his father will return, therefore he does not grieve like he would if he found out that his father is dead. The next example of suffering in the short story is not between two or more humans, it is between Edmund and his changing life. To Edmunds disappointment he and his mom have to leave their isolated lives on the acreage and move to a more populated suburban area.Since Edmund is anti-social towards children his own age it is hard for him to be around them all the time: â€Å"Edmund did not have much use for other children. The only time he saw any was when they went into town for groceries, and what he saw he did not like† (Berger 1). Edmund notices that his mother is only searching for a better life for the both of them: â€Å"Edmund was not without consideration for his mom. And because he did not want to be an extra burden on her, he t ried to cope with his new situation† (Berger 2). He tried his hardest to never complain about the suffering he is going through.In these two examples from this short story we learn how to deal with not being able to see a loved one and not knowing when or if you will see them again, and we learn how to cope with new situations that often occur in one’s life. Overall, some of the characters in the three short stories all have to face suffering and/or loss in a variety of ways. All the different situations teach us how to deal with these real life experiences so that suffering and loss doesn’t affect the rest of our lives negatively. We learn how to deal with a deteriorating relationship and physical pain from accidents.We also learn how to deal with the emotional pain of a deceased loved one and not knowing if you will ever see someone you fell in love with. The last two situations we learn how to deal with are, not being able to see a family member for a long tim e and the suffering of changing your lifestyle or where you live. Instead of learning from our own mistakes like we are always told to do when we’re growing up, stories allow us to never make those mistakes ourselves, but learn from the mistakes that the characters have made.

Introduction to Negligence - Free Essay Example

Sample details Pages: 10 Words: 2925 Downloads: 1 Date added: 2017/06/26 Category Law Essay Type Research paper Level High school Tags: Tort Essay Did you like this example? Discuss what is meant by a à ¢Ã¢â€š ¬Ã‹Å"duty of careà ¢Ã¢â€š ¬Ã¢â€ž ¢ in the tort of negligence. Explain the test which is applied in the tort of negligence to determine whether the defendant breached the legal duty of care owed to the claimant. What factors would a court take into account when determining how a reasonable person would act? Duty of care Test applied for determining Factors court would take into account to determine how a reasonable person would act Tort law Tort in general are a set of rights, obligation that are provided to the citizen by a civil court in order to maintain safety of people and provide remedies for persons who have been inflicted suffering/losses by the wrongdoings of other citizens. (https://legaldictionary.thefreedictionary.com/Tort+Law) A tort is a wrongdoing by a citizen towards another for which he/she is tried in the court of law. The plaintiff is the person against whom the wrong has been committed and who has suffered losses. Don’t waste time! Our writers will create an original "Introduction to Negligence" essay for you Create order Whereas, the person because of whom the damages/losses have occurred to the plaintiff is known as the defendant. The law of tort is obtained from common law principles that have come from case laws and legislative enactment. Torts are not dependent on any sort of agreement between the two parties involved and this is how tort law is distinguishable from breach of contract or any other type of law. Moreover, it is the citizen who brings the tort case even though criminal prosecutions are applied by the state. Defendants, in case of tort law, do not receive fines and neither do civil courts incarcerate them. (https://www.findlaw.co.uk/law/government/constitutional_law/500400.html) The word tort is derived from a latin word à ¢Ã¢â€š ¬Ã‹Å"torquereà ¢Ã¢â€š ¬Ã¢â€ž ¢, meaning incorrect or twisted. There was no separate legal action under the English common law. In place of tort the English law system provided plaintiffs with two options of reparation: trespass for direct injuries an d for indirect injury, action on the case. In time, other civil wrongdoings were also recognized by the English common law, for ex Defamation, libel, slander. English common law became popular in America and they started adopting it. The first U.S. treatises that were published had a portion of common law which was created under the tort law. Every tort action requires some criteria to be fulfilled. First, the plaintiff must prove that the defendant had a legal obligation to act in a particular manner. Second, the plaintiff must prove that the defendant breached this duty by acting in a wrong way. Third, the plaintiff must be able to prove that he suffered losses, damage and injury because of the defendant not being able to follow his legal duty. (https://legaldictionary.thefreedictionary.com/Tort+Law) The law of tort aims to serve the following objectives. First, tort law aims at providing compensation to the plaintiff for injury/losses suffered due to the misdoings of the de fendant. Second, it tries to punish the defendant by making them pay for the cost of such losses/injury. Third, it seeks to make sure that such an irresponsible, careless behavior is discouraged in the future. Lastly, tort law seeks to claim the legal rights that are compromised or diminished. The above mentioned objectives me into play when the tort liability is imposed on defendants for negligence, intentional misdoings. Types of tort Intentional Torts Intentional tort is when a citizen or a group of people purposely indulge in an activity that harms or causes damage to another. For example, one person attacking another in a fight will be considered as an intentional act that would come under this tort. Seeing the above example it may look like an intentional tort may be categorized as a criminal case, but there are some differences between them. A crime can be thought of as when an individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s actions damages or injures the interest of the society. W hereas, an intentional tort is when the actions of an individual affects/injures the property/well-being of one individual. While in a criminal case the charges are brought on by the government and can lead to jail sentence, in a tort the victim presses the charges against the defendant and is usually seeking for monetary compensation for the injury/damages caused by the defendant. Negligence Every individual/citizen is anticipated to behave in a particular manner and conduct themselves responsibly. This is also considered as a legal duty of the citizens as this would reduce the risk of damage/injury/harm to the others. If a citizen fails to abide by these requirements he/she is said to be negligent and the act comes under negligence. Tort of negligence has been the most prevalent tort. A lot different than the tort of intention, negligence tort doesnà ¢Ã¢â€š ¬Ã¢â€ž ¢t consider intentional actions by a person, whereas it takes into account the cases where an individual acts carelessly and fails to obey the above mentioned legal duties towards fellow citizen causing them harm/injury/damage. The most common case is of slip and fall wherein a property owner fails to behave as a rational person would, hence causing harm to the visitor. Strict Liability This type of tort (strict/absolute) involves imposing responsibility, for a damage/injury/harm, on the person who has done wrong without the requirement of proof of negligence or intention. What only count is that an action transpired which eventually led to injury/damage/harm of another person. The most major example is of defective products, where the liability is imposed irrespective of intent. In such cases the only requirement the injured person has to fulfill is to prove that the injury was directly caused by the malfunction of the product in order to have the law on their side. The companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s intention is this case is not taken into consideration. Business tort (https://www .inc.com/articles/1999/11/15387.html) In business tort the damage is not done to an individual but to imperceptible assets such as economic interest or business relations or contracts. Fraudulent Misrepresentation Fraudulent misrepresentation aims at protecting an individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s economic interests and also their right to reasonable and true treatment. If a plaintiff wishes to file a fraud claim he/she must prove that the defendant purposely misrepresented a fact which the plaintiff relied on and was eventually harmed/suffered losses due to the misrepresentation. For example, if a company presents factually wrong/misleading financial statements to a bank in order to procure a loan and the bank relying on those statements provides the loan then the bank is eligible to file a case for fraud against the company if they arenà ¢Ã¢â€š ¬Ã¢â€ž ¢t able to pay the loan back. Fraud claim can be filed if the defendant had the duty to disclose a fact but he/she failed to do so. Like for instance a financial advisor on behalf of both buyer and seller may be held for fraud if he has knowledge about the toxic content of the property and fails to tell this to the buyer. TORT OF NEGLIGENCE The most common kind of tort that one comes across is the tort of negligence and is generally used to represent behavior that causes the unreasonable risk of harm to other individuals. There are a few elements that are required to be established for the negligence tort. They are as follows: A duty of care should exist between the plaintiff and the defendant. The defendant breaching that duty of care. Defendants breach causes direct harm/ injury/damage to the plaintiff. DUTY OF CARE A duty of care is when a person is required to behave carefully, with responsibility and attention towards other individuals in a way a reasonable person would. If the individual fails to meet the expected standard of care then they behavior is considered negligent and any damage/harm resulting from it may be filed for negligence it the court of law. (https://legal-dictionary.thefreedictionary.com/duty+of+care) Judges making decisions in various cases involving tort of negligence has led to the gradual development of duty of care. This first came to light in a case of negligence of donoghuev v Stevenson (1932) in which the plaintiff (mrs. Donoghuev) went to a cafÃÆ' © with a friend of hers. Her friend brought her a drink of ginger beer and ice cream. The contents of the beer couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t be seen as it was in a dark bottle. Mrs. Donoghuev drank some of the beer and then poured the rest out and to her shock saw a dead, decomposing snail in the drink . This horrified mrs. Donoghuev and led to her becoming ill. The main reason of her falling ill was the sight and the ginger beer she had already drunk. In spite of clear negligence on the part of the manufacturer mrs. Donoghuev couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t claim against the manufacturer or the shopkeeper based on contract since she wasnà ¢Ã¢â€š ¬Ã¢â€ž ¢t the one who bought the drink. Mrs. Donoghuevà ¢Ã¢â€š ¬Ã¢â€ž ¢s friend bought the drink hence she could claim against the cafÃÆ' © based on contract, but again since her friend didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t suffer any kind of illness/losses apart from the fact that she had bought the defective good. In this case the only remedy that could be provided was money back to the friend and no remedy for mrs. Donoghuevà ¢Ã¢â€š ¬Ã¢â€ž ¢s health. Hence, mrs. Donoghuev decided to file a claim against the drinkà ¢Ã¢â€š ¬Ã¢â€ž ¢s manufacturer (Stevenson). Her claims were based on the stomach illness and resulting shock from the consumption of t he beer and the sight respectively. Whether her claim against the drinkà ¢Ã¢â€š ¬Ã¢â€ž ¢s manufacturer would succeed or no was now dependent on the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision. This situation led to lord Atkinà ¢Ã¢â€š ¬Ã¢â€ž ¢s famous statement. à ¢Ã¢â€š ¬Ã…“The rule that you are to love your neighbour becomes in law, you must not injure your neighbour; and the lawyerà ¢Ã¢â€š ¬Ã¢â€ž ¢s question, à ¢Ã¢â€š ¬Ã‹Å"Who is my neighbour?à ¢Ã¢â€š ¬Ã¢â€ž ¢ receives a restricted reply.You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour.Who, then, in law is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.à ¢Ã¢â€š ¬Ã‚  Donoghuev v stevenson (1932) was the first attempt that succeeded to set out a general principle with respect to the concept of the duty of care. As the lawyers began to realize that the above mentioned principle could be changed to be used with various types of cases, the test was restructured to create the three part test in the case of caparo v dickman (1990) The general parameters set in the test for caparo v dickman were as follows It should be reasonably foreseeable that an individual in the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s position was at risk of injury/harm/damage. There should be satisfactory proximity between the two parties. Proximity here means that two parties involved should be close enough such that it is à ¢Ã¢â€š ¬Ã‹Å"reasonably foreseeableà ¢Ã¢â€š ¬Ã¢â€ž ¢ that negligence by one party leads to damage/injury to the other party. It should be just, rational and realistic to enforce liability on the defendant. All the above mentioned parameters should be met if a duty of care is to be payable by the defendant to the plaintiff. Also there is a necessity for each part to be proved and explained separately and unambiguously. Caparo Test The First Part à ¢Ã¢â€š ¬Ã¢â‚¬Å" Foreseeablility This test is objective. Would it be foreseeable that someone in the claimants place might be injured by a reasonable individual? In Donoghue v Stevenson (1932) it can be seen that the consumerà ¢Ã¢â€š ¬Ã¢â€ž ¢s health will be affected if the snail gets into the bottle. This particular situation is of supplying consumable products with foreign bodies in it and a reasonable individual would be able to foresee that the consumer (plaintiff) may very likely be injured. In the case of Kent v Griffiths (2000) a patient was suffering from a serious asthma attack and therefore a doctor ordered an ambulance to take the patient to the hospital immediately. The ambulance control centre received the messaged and they acknowledged it. Without any acceptable reason the ambulance arrived very late, the result of which was that the patient suffered a heart attack. The heart attack could have been avoided if she had been attended to earlier. A reasonable individual would find it foreseeable that that the ambulanceà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to arrive in time would cause the patient to suffer from serious harm. There have also been various cases where the courts have decided that it isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t reasonably foreseeable that the plaintiff would suffer harm. For instance, in Bournhill v Young (1943) a motorcyclist crashed into a car and was killed due to driving too fast. Mrs. Bournhill, who was very close to the scene, was eight months pregnant. Mrs. Bournhill only heard the incident but didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t actually see it. As she witnessed the blood on the road and body it led to her experiencing a severe shock which further led to her baby being born still. She filed a case against the motorcyclist blaming him for her plight. But the court denied her claims as they decided that the motorcyclist couldnà ¢Ã¢â€š ¬Ã¢â€ž ¢t have reasonably foreseen that his accident would affect mrs. Bournhill, hence he didnà ¢Ã¢â€š ¬Ã¢â€ž ¢t owe any duty of care to her. The Second Part à ¢Ã¢â€š ¬Ã¢â‚¬Å" Proximity A duty of care exists only when the harm caused is reasonably foreseeable and also if the relation between the plaintiff and the defendant is sufficiently close. The same can also be seen in the case of Osman v Ferguson (1993) in which the police officers were aware of the risk the victim was at. The victim was hence murdered by the attacker. During the proceedings the courts established that the plaintiff and defendant had a sufficiently close relationship. However, the case failed because it was decided that it isnà ¢Ã¢â€š ¬Ã¢â€ž ¢t fair, just to impose a duty of care on the police. The Third Part à ¢Ã¢â€š ¬Ã¢â‚¬Å" Fair, just and reasonable Generally, courts refrain from imposing a duty of care on the public authorities. However, is few situations the police do somehow owe a duty of care. In the case of MPC v Reeves (2001) a man with suicidal tendencies was taken into custody by the police. He hanged himself to death in the cell while he was in custody. In this particular case the police did owe the victim a duty of care. Breach of Duty Once a claimant has proved the duty of care is owed he must then show that the defendant breached that duty. This is merely when the defendant falls below the standard of care appropriate to the duty. Breach of duty is measured objectively by the à ¢Ã¢â€š ¬Ã‹Å"reasonable man testà ¢Ã¢â€š ¬Ã¢â€ž ¢. The reasonable man is the ordinary person performing the particular task: he is expected to perform it reasonably competently. Thus, when I am riding my bicycle, I am expected to be a reasonably competent cyclist who can ride a bicycle. Therefore, a number of factors that can be considered to raise or lower the standard. This is logical because a reasonable person will rightly take greater risks in an emergency, and take more care when the risk of harm is greater. For a breach of duty to occur, the court will take four factors into account: Now that the plaintiff has proved that duty of care exists the next step is to show that the defendant has breached that duty. -Thedegree of r iskinvolved: the greater the risk, the more the defendant has to take care. (Bolton v Stone 1951). -Thecost of precautions: the courts will see how high the risk is involved, and then take into account the expense of taking precautions to prevent that risk (Bolton v Stone and Latimer v AEC). -Potential seriousness of injures: so if there is a very high risk of serious injury, the more the defendant needs to be very careful (Paris v Stepney B.C. 1951). -Theimportance of the activity: in an emergency, sometimes it is not possible to reflect, think of a possible risk (Marshall v Osmand 1982). Standard for expertsà ¢Ã¢â€š ¬Ã¢â‚¬Å" where the defendant has some expertise, for example, he is a doctor carrying out medical treatment, then the standard of care is that which would normally be expected from a doctor. InBolam v Friern Hospital Management (1957)the judge said: A man need not possess the highest expert skill; it is à ¢Ã¢â€š ¬Ã‚ ¦ sufficient if he exercises the ord inary skill of an ordinary competent man exercising that particular art. In some situations, it is difficult to know exactly what happened, although it is found obvious that the defendant was negligent. In these situations a rule calledres ipsa loquitur, which means (things speak for themselves) was developed by judges. It has to be shown that:  ·The defendant was in control of the situation (causing injury).  ·The injury was more likely than not to be caused by negligence. If the claimant proves these two things then the defendant has to prove that he was not negligent. This rule was shown in the case ofScott v London and St. Katherine Docks (1865)where the claimant was hit by six bags of sugar which fell from the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s warehouse. The claimant could not say why the bags had fallen but the court ruled that the facts spoke for themselves and it was up to the defendant to prove that he was not negligent.

A Brave New World by Aldous Huxley - 999 Words

Women and men are different in many aspects from today, than in Brave New World. Some things that happen occur today, and others are unethical and do not. The author shows that men and women are classified as being the same, but have certain rules and boundaries. For example, having feelings for someone you’re sexually active with is bad, when we all know, today women and men normally gain feelings regardless. As far as having sex goes they don’t affiliate that with reproducing. They just do it like it’s a sport or their favorite past time. And they reproduce human beings by using what they call the Bokanvosky Process. Woman weren’t presented in the positive way that they should be. Woman were presented as stereotypes in reality in the story. Women are partially known for reproducing, and catering to their men. But, in the story they are displayed as whores, and items that men can just use. Has anyone ever wondered why women are viewed in such a distasteful, disrespectful way? In my opinion, women are sometimes viewed in that way because, today the rate of men having insecurities about themselves, or their relationship is very high. And I say that because, everyday people disrespect and mistreat themselves more than anyone else would. After reading Adam Kirsch’s Article, ‘What would Aldous Huxley make of the way we consume media and popular culture?’ I’ve concluded that I totally agree with everything throughout his work. Many of the different aspects inShow MoreRelatedA Brave New World by Aldous Huxley668 Words   |  3 PagesIn Brave New World, there are similarities that have a deeper meaning that we can understand. There are personal effects in Aldous Huxley life that contribute to what he has written in the book. Aldous Huxley throughout his life have seen, done, and events have happened to him, just like all of us, but he has expressed it in his book. So when Aldous wrote the he had so many ideas. I have read the book; it’s notRead MoreBrave New World by Aldous Huxley811 Words   |  3 Pages Brave New World is based around characters who gave up the right of freedom for happiness; characters who ignored the truth so that they could live in a utopian civilization. The deceiving happiness was a constant reminder throughout the book. Almost every character in Brave New World did whatever they could to avoid facing the truth about their own situations. In this society, happiness is not compatible with the truth because the World State believes that happiness was at the expense of theRead MoreBrave New World By Aldous Huxley1525 Words   |  7 PagesA Brave New Feminist The novel Brave New World written by Aldous Huxley in 1932 is known for its social satire, utopian values, and unusual standpoints on stereotypical gender roles. In this time where futuristic technology has completely taken over, and men and women are given the same opportunities for everything, â€Å"the genders appear equal within the social order; both men and women work at the same jobs, have equal choice in sexual partners, and participate in the same leisure pursuits† (MarchRead MoreA Brave New World by Aldous Huxley664 Words   |  3 Pagesfor the fact being in the future and in the past time has changed and many differences were made. In his Dystopian Society Huxley portrays masses of niches where the government produces clones for specific reasons. Huxley decides throughout Brave New World that cloning humans is unethical. He then becomes in contact with the society’s most powerful Alphas and Betas clones. Huxley suggest in BNW that lower class groups in clo ning humans to act like servants to terrorize them into working hard conditionsRead MoreA Brave New World by Aldous Huxley1189 Words   |  5 Pages In the world of sex, drugs, and baby cloning you are going to be in many situations where you feel like the world we live in should be different. In the story Brave New World, they had sex with multiple partners along with a very bad use of drugs. It is weird that Aldous Huxley wrote this book in 1931 about the world he was living in during that time and how it is similar to the world we live in today. Nowadays, drugs are still being used and people are still engaging in sexual encounters withRead MoreBrave New World By Aldous Huxley968 Words   |  4 PagesAldous Huxley’s utopia in Brave New World foreshadowed and illuminated the complications within modern day society. Upon its release, the narrative became widely banned all over the United States due to the unorthodox thoughts and actions of multiple characters in it. Early readers, as well as modern day audiences, feared and rejected the ideals that Huxley incorporated into his perfect society; however, our society today is heading towards the dark paths the older generations desired to avoid. Read MoreA Brave New World by Aldous Huxley895 Words   |  4 Pagesthe novel Brave New World, Aldous Huxley tells of a society where everyone is the same but, compared to t oday’s society, everything is different. Huxley tells of a world where everything that happens or takes place is because of one’s own desire and nothing more. The hero in the novel, a â€Å"savage† named John, is Huxley’s main focal point. It is through his eyes and mind that the reader sees what’s going on. Now when I read this novel, I began to think, â€Å"Could this perfect, conformed world actuallyRead MoreA Brave New World by Aldous Huxley1684 Words   |  7 Pagesimperfect world and is usually only a hopeful dream. These types of worlds can greatly be described in detail through the world of science fiction. Aldous Huxley was an English writer who lived during a time when war and chaos were engulfing the world. His works reflect his view and thoughts on a dystopia, which is a false utopia, and describes what could occur in possible governments of the world. The ability to understand and dive into the thoughts of the author is what make s world literatureRead MoreA Brave New World by Aldous Huxley614 Words   |  2 Pagesthem truly happy. What if someone were to tell you that what you thought was true happiness was all an illusion. In a Brave New World by Aldous Huxley people in the world state are conditioned and drugged up by soma to not experience true happiness. In a world that is perfect, human beings do not have to depend on drugs to keep our world in balance. In a Brave New World by Aldous Huxley there is always a perfect drug called soma that keeps everyone happy, which they have based their society on. ThisRead MoreA Brave New World by Aldous Huxley948 Words   |  4 PagesWelcome to a world were â€Å"Brave† is not just a word; It has a true meaning. This is a story were everything as you know it, doesn’t seem to be right and will completely change your way of thinking. When this story was written, life was very harsh for many people†¦.Mostly for the author who wrote â€Å"Brave New World† During this time (1930s) they didn’t have much sexual content Living The Future Of The Past In The Present†¦.. In the air; But Aldous made a future full of sex for them and we are the

Gender Roles in the Hunger Games Essay - 777 Words

Is it natural for people to act outside the boundaries their gender? In todays society the answer is no and most people see it as unacceptable act. In The Hunger Games by Suzanne Collins, Katniss must endure a brutal competition where the last kid standing wins. Throughout The Hunger Games several characters such as Katniss and Peeta Mellark both reinforce and undermine gender roles. However The Hunger Games as a whole presents an argument against gender expectations. When people act as we say weird it is because they did something out of the social norms, thats why when people act out of their gender it seems abnormal. In general gender roles are the guidelines of how either a female or male is supposed to act, according to†¦show more content†¦After Katniss steps up as the female representative for district 12, Peeta gets called next. Katniss observes The shock of the moment is registering on his face, you can see his struggle to remain emotionless, but his blue eyes show the alarm Ive seen so often in prey, (Collins 25-26). Again Judith Butler insists that gender is an imitation of an ideal, expectations clearly state that males are not suppose to be emotional but Peeta broke down and started crying in front of everybody which made him seem like a punk. Peeta is a complex character because in the beginning Peeta challenges gender roles, but towards the end during the hunger games he starts to uphold them. Throughout The Hunger Games by Suzanne Collins, Peeta Mellark endures a dramatic change and grows into a much more dominant person. Katniss is up in a tree when she realizes that the tributes (other people in the games) are coming her way to kill a competitor within her area, and she sees that unexpectedly Peeta is with them. Katniss tells her readers An argument breaks out until one tribute silences the others. Ill go finish her and lets move on! I almost fall out of the tree. The voice belongs to Peeta, (Collins 160). If gender is just an imitation of an ideal, at that time Peeta really proved that stereotypes are true by being the alfa male of the group. So Peeta definitely proved that in the end heShow MoreRelatedGender Roles : The Hunger Games Essay1193 Words   |  5 PagesMiguel Estrada English 103 Professor Stewart Essay 2 October 6, 2016 Gender Roles flipped? Suzanne Collins, the author of The Hunger Games, decided to do something different with her main protagonists, Katniss and Peeta. In the book, they seem to have flipped gender roles that society does not see males and females in such a way. For example, women have often been seen as housewives by society, which has set certain occupations and responsibilities they must abide to. Furthermore, womenRead MoreThe Hunger Games : Gender Roles Essay1693 Words   |  7 PagesHunger games: Gender roles For years’ gender roles have effected the way the world works. That idea was created back before women had any rights at all and weren’t really treated as equals. It was believed that a man could do what he wanted because he owned the woman, but she was supposed to be submissive. Every since the beginning of time the stereotype of men and woman has continued to stay the same. That would be until World War II began. It changed the way women were perceived behaviorallyRead MoreDeviations in Gender Roles in The Hunger Games, by Suzanne Collins,948 Words   |  4 Pagesan outcast to the rest of the rule abiding world? In the book The Hunger Games, by Suzanne Collins, the main character, Katniss is put against 23 other tributes ages twelve to seventeen, one boy and one girl from each of the twelve districts in a fight... to the death. The hunger games gives the winning tribute(s) wealth and power for themselves and their district and the losers die and their district ge ts nothing. In these games, Katniss has to fend for herself, avoid a savage and gruesome deathRead MoreHow Is Gender Portrayed In The Hunger Games Trilogy By Suzanne Collins1096 Words   |  5 PagesThe proposed dissertation will explore the question â€Å"How is gender portrayed in the Hunger Games trilogy by Suzanne Collins?†. It will answer this by exploring how the genders of the main characters are portrayed in the Hunger Games trilogy compare to Susan Lehr’s definitions of what traditional gender roles are often defined as in children’s literature. Her definitions describe males â€Å"†¦ as active, loud, aggressive, unemotional, independent, less mature than girls, strong, handsome, bold, curiousRead MoreThe film The Hunger Games Essay1520 Words   |  7 PagesThe film The Hunger Games, released in 2012 and based off the first book of a literary trilogy, has become a source of entertainment and intrigue among many Americans. Featuring a futuristic and dystopian United States, it has captured the imagination for some and kindled a intense obsession for others. While on the surface this movie might seem to simply be a story with a riveting plot line about young love, vicious combat, and survival, it is much more than that. As most films do, if one takesRead MoreWomen Of The World s Evils1192 Words   |  5 Pageswomen, would argue against it. This idea is reflected in 21st century pop culture. One of the best examples of this is the 2008 book The Hunger Games by Susan Collins. It not only revolutionized the idea of women centered stories, but showed that gender roles are irrelevant. The Hunger Games centers on the main character Katniss and her involvement in the hunger games. It takes place in Panem, a dystopian North America set sometime in the unforeseen future, which is split up into 13 parts, the richRead MoreThe Hunger Games By Suzanne Collins1454 Words   |  6 PagesThe Hunger Games by Suzanne Collins tells the tale of Katniss, a determined, independent, and complex woman trying to keep her loved ones safe and protected. Katniss’ personality and appearance contradict traditional leading lady norms, and her relationship and eventual romance with Peeta show the defiance of traditional gender roles in romantic relationships. Katniss and Peeta redefine gender roles in The Hunger Games as she stays true to her raw looks and personality, he embraces thoughtfulnessRead MoreGender Roles Of Women s Literature1661 Words   |  7 Pageswhich gender roles are portrayed in children’s literature significantly contributes to the development of our youth ’s understanding of their own gender’s role and how they are perceived by society. It is important for children to understand gender roles because gender roles are an essential cog in the perpetual machine that develops our society, but these cogs have been replaced with newer, more up-to-date cogs over recent years, so to speak. As society has changed, so has the typical role that eachRead MoreAnnie Get Your Gun By Ethel Merman And Ray Middleton1365 Words   |  6 Pagesperformed by Ethel Merman and Ray Middleton, is one of many examples that are still battled today on the topic of gender roles playing essentially to modern society. Historically, the relationship between female and male has almost always been unequal and oppressive; but, a feminist critic would aim to critique the nature of gender roles. In a feminist theory, it mainly focuses women’s role as well as their social standing in a society. In today’s society, women empower society to promot e matriarchyRead MoreThe Hunger Games By Suzanne Collins1230 Words   |  5 PagesThe Hunger Games by Suzanne Collins in a classic example of a dystopian Text as it is a futuristic, imagined universe in which oppressive societal control and the illusion of a perfect society are maintained through a bureaucratic, technological, or totalitarian control. Throughout the book their are many forms of powers from wealth, gender, the Capitol, and Peeta Mellark. The totalitarian government run by the capitol is clearly one of the most obvious and dangerous form of power in The Hunger

Nivea (1911) Free Essays

Nivea (1911) is a worldwide body-skin care well known brand. A German company named Beiersdorf, which is founded on 1882, owns it. Nivea is a Latin word (niveus/nivea/niveum), which means â€Å"Snow White† [1]. We will write a custom essay sample on Nivea (1911) or any similar topic only for you Order Now The most important aims of Beiersdorf is to have its products as close as possible to its consumers and understand them in its many different markets and satisfy them with skin-body beauty care advanced products [1]. In return, Beiersdorf is gaining the trust and appeal from its customers. Case synopsis: Beiersdorf is one of the companies that seeks continuous and regular market development. Market can be developed by finding the gap (need) in the market and trying to fill the gap by developing a new product (satisfying the need through market-oriented approach), or through product-oriented approach by creating good quality product and introduce it to the market. Beiersdorf market research have identified a market gap which led to NIVEA VISAGE young (product) introduction in 2005 to the market in order to fill the this gap (market-oriented approach). After developing a balanced and effective marketing mix the company re-introduced the NIVEA VISAGE young range in 2007 where the product had new formula, new design, new packaging, and new name. Statement of the problem: Beiersdorf market research have identified a market gap which led to NIVEA VISAGE young (product) introduction to the market in order to fill this gap (market-oriented approach) [2]. The company needed to develop a balanced and effective marketing mix (product, price, place, promotion) in order to well suit the product, target market, and to meet its own objectives. Causes of the problem: Beiersdorf wanted to develop a balanced marketing mix (product, price, place, promotion) specifically for further optimizing of the company position in the market. Each marketing mix variable have been addressed carefully to achieve the company goals and targets. Case analysis: Beiersdorf did a market research in order to understand the market and to build effective marketing mix by identifying the target market segments. The research plan was to gather information using different research approaches and instruments such as listening directly to the consumers through focus groups, and experimental product testing. Findings were impressive and led to significant changes into the product, product price, place, and promotions. Findings of the research regarding the product showed the company the way to satisfy a significant segment. The research showed that younger costumers (age group of 13 – 19 years old) desires more dedicated face care product that offers a ‘beautifying’ benefit, instead of a solution to skin problems [1]. Competitors available product at that time mostly concentrates on skin problems solution rather than normal face care products. Using experimental research approach, the final product improved and changes included: * The product made far more effective and consumer friendly * The formula used for some products has been changed and natural substances have been employed * New products introduced to the market * Attractive product pack design targeting young women group used * Larger pack size introduced with new product description. Each of these product improvements has its own purpose weather to attract the young women segment, Show the company commitment toward the environment, or strengthen the product range, to better meet the needs of the market. Pricing of the any new product has to provide value for money in the market and to be attractive for the targeted segment customers to buy. Several pricing strategies firms can use such as cost based pricing (the price cover the cost or include some profit), Penetration price (initial low price ), and price skimming ( premium price ‘first to buy’ customers). NIVEA VISAGE young re-introduced with a higher price than the previous edition of the product. However, this illustrated value for money were new natural formulation has been used, packaging and extended product range [2]. Nivea also took into consideration when pricing the product the targeted segment were young girls are targeted the product is bought by their mums. Which explains the reasonable and balanced pricing between the features the product offers, benefits of the product, and how much do is it cost. Nivea was the price leader effectively of this market segment were it sets the price level that competitors will follow or undercut by ensuring competitive price. Beiersdorf didn’t forget study regarding the place element of the marketing mix. Place often refers to distribution strategy, place where the product will be sold. One of the important aims of Beiersdorf is reaching to their targeted customers regardless of their locations. As a result, the company used different channels to reach their customers such as retail outlets where 65% of the product selling from the targeted customers occurs, and large grocery chains where the other 35% sales comes from [1]. Smaller retailers can be reached through a wholesalers and online selling of the product through a retailer where the costs of producing small orders will be high for the company. The promotion key of the marketing mix was so important to communicate with the targeted segment customer about the product availability and persuading them to buy the product [2]. Two main types of promotions are there, above-the-line (TV and newspaper advertisements) and below-the-line (events, Direct mails, PR, branding, and sales promotions). Nivea was a consumer-led in the NIVEA VISAGE young promotion where the strategy reflected the lifestyle of the targeted segment audiences and the range of the available media. Nivea used below-the-line strategy in their promotion campaign. The main part of the promotion was letting the customers to experience and test the products through distribution of the product samples. In addition, Interactive online magazine was launched and named FUN, YOUNG, INDEPENDENT (FYI) to give the targeted customers of the young girls the confidence to become young women act independently. Also, social networks haven’t been forgotten, where NIVEA VISAGE young pages were available on MySpace and Facebook to reach as much as possible targeted audiences. Alternative recommendations: Based on the research of the market carried out by the Beiersdorf, set of recommendations might be useful suggested: * Differentiate the product specifications and names according to the age group. 3 years old girls would love to have a product named on her favorite cartoon character, which will attract her to ask about the product or buy it. * Providing a completing set of tools with product or at least one tool such as a mirror as a promotion * Sending people to houses to introduce the product * Using above-the-line promotions such as TV and yellow pages ads. * Provide a seasonal product where in summer provide a product edition with a lime or mint fleshing smell. How to cite Nivea (1911), Papers

Is Justice Truly Blind Essay Example For Students

Is Justice Truly Blind Essay We hold these truths to be self evident that all men are created equal. Thomas Jefferson wrote these immortal words in the Declaration of Independence in 1776. One has the right to impose the question Are we truly equal? simply by taking a look at American society. Presently, the United States is a country in which thirty-three percent of the male ages eighteen to thirty years old of African decent are in jail, on probation or parole. This is an exceptionally high statistic in comparison to their white counterparts. Some people argue that those statistics reflect high rate of crime, which is prevalent in African-American communities. Specifically the areas of concern are impoverished. The rate of unemployment is higher than the national average. The average income is considerably lower; this leads to a sense of helplessness and hopelessness. In the nineteen eighties unemployment was high and so was inflation, crack became a channel of escape. Powder cocaine, whose usage also gave ris e in the eighties was fashionable in upscale Caucasian neighborhoods and was viewed as glamorous and clean. Just as there is, a difference in the form of a drug that is preferred between the two ethnic groups so is the severity of justice that is meted out. Federal law requires a mandatory sentence of five years for the possession of five grams of crack. To receive the same sentence for cocaine powder form, one must be apprehended in possession of five hundred grams. These disproportionate statistics leads to the notion of the existence of a bias in the justice system to keep the public unequal. If a bias exists why isnt it publicized? This question is valid question with an easy answer. If you, a member of the public are also a member of the white majority, you will not be affected by these biases. Since 1995, discrimination in the court system has become easier to notice. This partially stems from the fact that minorities in general have a history of being unable to afford adequate council. Two examples of these discrimination cases are those of Marvin Green (who barely had a traffic violation) and a young man by the name of Christopher Armstrong. In the first case, Green was the passenger in a car that had been stopped by police. The driver of the car abandoned Green leaving him to take the blame for five grams of cocaine that were found in the car. Facing up to forty years in the federal penitentiary, Green with his familys aid was able to hire a respectable attorney and beat an absurd charge. He was reported to have become the first black acquitted of any crime in the K ansas Federal Courts jurisdiction. The Armstrong case argued that although Armstrong and his co-defendants were not angels by any means, they were selected for federal prosecution because they were black and no other reason. This came during a period of time when the only defendants of federal narcotics charges in California Federal Courts had been minorities. At the same time drug abuse had been relatively parallel in white communities. Policing of the nations streets is commendable; abusing the power that comes along with it is not. Local prosecutors claim that the high arrest rates are higher in black communities because of a reported lack of secrecy or a so-called open air drug market. Despite the general publics belief, minority convictions relate directly to the fact that they are usually poorly represented by underpaid, understaffed and overworked public defenders. Recent studies have shown that while drug use by whites is at about the same rate as blacks, blacks are five times more likely to be arrested. These alarming rates should call the nations attention to an obvious bias. No matter what is done there must be a change in how law enforcement handles the delicate race card. These statistics show that Americas War on drugs is merely a race war incognito. Do white judges ever consider why there are so many black defendants in criminal cases? Do white judges ever wonder why so few black lawyers appear before them? Do they ever inquire about the history of bar associations that used to exclude Jews and blacks? Do they ever wonder, aloud or otherwise, why there are so few black judges? Concerns have revolved around having white judges who, in large numbers, are called upon daily to preside over the trials of black defendants accused of crime. Are they qualified for such sociological tasks, only incidentally mixed with law? Children are taught in school that John Marshall was the greatest chief justice the land has ever had, but not that on his tenth birthday he received a black slave as a gift and that upon his marriage he received another. The battles of blacks have always been waged under adverse circumstances. Through their lawsuits for citizen rights, blacks have made U.S. Supreme Court rulings the common knowledge of even the most b enighted whites, including white criminal court judges. Although many white cases are unheard of, or dont receive any media attention at all. The black rulings on the Supreme Court tend to yield the highest publicity. What many blacks are not informed of is that courtrooms are sometimes in secret because what goes on at the bench is a seldom heard beyond that immediate area. What goes on at the bench constitutes the vitals of the entire system. There, the prosecutor, defense counsel, and judge have quiet and earnest discussions. There, plea bargains are struck; the question of what sentence is to be imposed is decided or agreed upon; the amount of a fine is determined; and the urgings of judicial mercy are made. More often than not, the name of the judge is not posted on the bench or elsewhere. Practically anonymous prisoners or defendants come before an unknown judge. Many defendants never know the name of the person who can, and often does, drastically affect their lives, their fr eedom, and their fortune. Many dont know the name of the prosecutor who zealously seeks to abort their freedoms that they have. Many of blacks dont know who they are trusting their fate to. Many of the defendants believe that everything is predetermined and that nothing a defendant can do will make any difference. One prisoner was quoted as saying that the more one resembles the judge, the more likely is the chance for justice or a break. Being that upward of 90 percent of the judges across the country are white and 85 to 90 percent of the criminal court defendants are black or dark Hispanics, the chance of such a chance of getting off is extremely nil. Most of the daily decisions of the Criminal Court are made in the privacy of chambers, in the robing room, or simply off the record. In these totally private sessions, the lawyers and the judge determine a defendants fate. The defendant is not present until the judge and lawyers return from making their quiet arrangements. Both white and black judges are energized by political necessities in finding out what they tend to believe to be the omnipotent power of the black robe.(Wright, 1987) It is presumed that lawyers who reach the bench have studied the political sciences, some business courses, white history, economics, and accounting. Few, however, have touched the heart of social work and the horrible society in which most criminal defendants come from. Few white judges have black friends with who they have talked life experiences on what really goes on in these certain environments. The white judges who end up going into Criminal Court are all to often graduates from schools and colleges who dont teach the history, and social issues that are out in the real world. .u41a205e484ec614da5b445972463e954 , .u41a205e484ec614da5b445972463e954 .postImageUrl , .u41a205e484ec614da5b445972463e954 .centered-text-area { min-height: 80px; position: relative; } .u41a205e484ec614da5b445972463e954 , .u41a205e484ec614da5b445972463e954:hover , .u41a205e484ec614da5b445972463e954:visited , .u41a205e484ec614da5b445972463e954:active { border:0!important; } .u41a205e484ec614da5b445972463e954 .clearfix:after { content: ""; display: table; clear: both; } .u41a205e484ec614da5b445972463e954 { 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; } .u41a205e484ec614da5b445972463e954:active , .u41a205e484ec614da5b445972463e954:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u41a205e484ec614da5b445972463e954 .centered-text-area { width: 100%; position: relative ; } .u41a205e484ec614da5b445972463e954 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u41a205e484ec614da5b445972463e954 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u41a205e484ec614da5b445972463e954 .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; } .u41a205e484ec614da5b445972463e954:hover .ctaButton { background-color: #34495E!important; } .u41a205e484ec614da5b445972463e954 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u41a205e484ec614da5b445972463e954 .u41a205e484ec614da5b445972463e954-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u41a205e484ec614da5b445972463e954:after { content: ""; display: block; clear: both; } READ: Violence in the Media EssayMany black judges tend to be so remote in their social relationship to other blacks that they enjoy being above other blacks and consider themselves the greater of the mass. It is said to happen so much that a named has been used to identify these types of black judges, Afro-Saxons. Unfortunately many Black judges seldom if ever speak out on controversial subjects. They maintain a low profile, wearing at all times the mask of mute and well-behaved dignity. They know their obscure place. Criminal Court judges know they are at the mercy of the mayor who appoints them or whoever is in office at the time of possible reappointment. It is said by one b lack judge, keeping a low, cautious, and obedient profile will ensure their survival. (Wright, 1987) Taking this statement into context one may understand the problems that are going on within the courtrooms today. Many of the black judges in todays society must conform to what many of their white superiors thoughts are on criminal law if they plan on keeping their jobs. To the extent that they do the mayors bidding, or at least do not offend his standards for judging, they remain qualified, both to sit and to be re-appointed. Many judges find it best not to be too controversial, and it is not in their minds to harbor controversial concerns. Due to the hidden exceptions in how the justice system treats defendants unequally, the country is in turmoil. These biases have been in existence since the birth of our nation. Albeit that there was progress during the Civil Rights movement, during recent years, there has been a retrograde movement. A study done by the Kerner Commission over thirty years ago stated that instead of moving toward the more perfect Union as described in the United States Constitution, just the opposite is happening We are moving toward two societies one Black and one Whiteseparate and unequal. Evidence of failure on behalf of the government on all levels is readily available. This can be seen from the riots in the sixties to the Los Angeles riots of the early nineties. Even with last year in New York, the case of Amadou Dialo, racial profiling and bias on behalf of the police goes on unchecked. In the Dialo case four police officers were acquitted of blatant murder. The Gestapo tactics used by modern police officers must not be tolerated. In order for all men to be considered equal we must strive for justice and equality. Yes, social class plays a big role in an American way of life. For in all honesty, the better your social class the better the legal counsel you can afford. We live in a country however, where a minority holds control over the majority of the liquid assets. It is a travesty for this wealthy and powerful country not to be a haven of equality and peace. As stated in the Kerner Commission, we must seek equality and a balance in both social class and race. Fo r, if we look within ourselves, we will see the truth that lies in front of us. Until we are recognized, as equals by white America justice will never be blind. Karl Marx stated that Crime is an expression of the individuals struggle against the unjust social conditions and inequality produced by capitalism. Being that the majority of people living in poverty are minorities one may draw many parallels to this statement. Many white judges though have never been able to grasp this concept therefore leading to the unfair punishments, to the defendants. Black life is a constant ordeal, and the country is likened to a private club with glorious opportunities, options, and choices for white and, seemingly more recently, oriental immigrants. People who remain insensitive to the constitutional aspirations of black citizens have nevertheless found enough humanitarian enthusiasm to welcome foreign refugees, without remembering that black Americans are themselves refugees in their own land. One day, perhaps, black voters will begin to realize and insist that their black judges be more responsive to black concerns in a white world. BibliographyWorks Cit edKerner Comission. 1967Loewen, James. Lies My Teacher Told Me. The New Press 1995Manning, Marable. Black Liberation in Conservative America. South End Publishing: 1997Personal Interview. McGinty, Mike Commonwealths Attorney Williamsburg James City CountyWright, Bruce. Black Robes, White Justice. Carol Publishing Group: New York, NY 1990. Political Issues Essays