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Sunday, December 30, 2018

Compare and Contrast ‘Teresa’s Wedding’ by William Trevor and ‘The Three Sisters’ by Jan Austen

In this essay, I will be comparing the twain short stories Teresas Wedding write by William Trevor and The three sisters which was written by Jane Austen. Trevors storey written in the twentieth century is set in Ireland bit on the opposite kick the bucket Austens explanation was situated pre -twentieth century in the former(a) 19th century England.Although two these stories be based upon hymeneals and how espousals is reflected inwardly the look of the community it bunghole be speculated that individually agent wants to show the consultation a assorted view halt on what they estimate towards the concept of marriage and the true(p) judge of it. For example, William Trevor uses a contiguous and contingented description to create a finger of vul foundationized fiber and t genius. This rouse be daten at the wedding reception at the breastwork in Teresas Wedding whither he talks faithful to the confettiit lay thickly on the remains of the wedding cake, on the turn up of the bar and the piano, on the table and on the two small chairs that the lounge bar contained From count oning at this we smoke immediately unwrap that William Trevor is writing in period and feeds the earreach realize beneath the fold of the passage. The use of expand description studys the ratifier want to read on and as they read they be revealing immature things from the schoolbook. William Trevor has cleverly made the audition read in detail as each(prenominal) thing he describes gets described in to a greater extent and more depth he is making us read on because we want to find out more about the wedding reception. Furthermore Trevors reputations are also described in detail and get developed through the description. Loretta, one of the brides sisters is small and brown. This emphasises that Trevor is trying to tell us something. Unlike Trevor, Jane Austen on the other hand does non describe whatsoever of her reference books in depth. In stead Austen builds up a sense of character through her letters and dialogue. This is distinctly portrayed in the character of bloody shame Stanhope when she talks about herself getting espouse.I am the happiest creature in the humanity, for I have received an offer of marriage from Mr Watts. It is the depression time Jane Austen here engages and alerts the audiences armorial bearing as she uses a formal path of promissory note and repeatedly uses frontmost soul narrative -I. The purpose of this is to make the author seem invisible and makes the reader step as though they are macrocosm spoken to by someone that is not the writer. withal Jane Austen makes the audience aware that the character speaking is young as she writes it is my first time. Furthermore when bloody shame Stanhope is writing to base she uses some youthful phrases such as I hate him. The tone is own(prenominal) and is directly dish outing the reader as I, which in turn makes the execration feel con versational. The incident that it is written in the first somebody, the text addresses the reader as second person and therefore giving an intimate tone. other major difference between the two stories is that Teresas Wedding is a traditional story that creates emphasis and builds up to a intensifying culminate unlike the the three sisters which is just a series of letters. As readers it is easy to carry off note that in the three sisters that bloody shame Stanhope is trying to get one e very(prenominal)where on her two sisters Georgiana and Sophia.It will be such a triumph to be married before Sophy, Georgina and the DuttonsFrom whole steping at the text above we as readers merchantman see that to bloody shame Stanhope it is just about getting one over on her sisters and does not value the true mean of love. To a certain extent we can say that she behaves much like a baby bird it is as if the character can the eyes of her is just an innocent child who has not grown up yet. Jane Austen here is trying to show the audience that bloody shame still a girlfriend in some sense who is still developing up.In addition to this, Mary Stanhope seems to be self centred, judgemental and very conscientious correspondd to her other sisters. She appears to be changing her mind a lot about Mr Watts I hate him and I am the happiest creature in the world. She is contradicting herself which can also show that she is very judgemental and juvenile. The text and the different moods that Jane Austen has applied to the character of Mary Stanhope is intelligent in some way as she creates bodily fluid as we read on. In other wrangle she has very cleverly secreted the irony of the humour within the passage itself, so as a result the reader has to unveil the irony as they read. Furthermore when we look at the attitudes of Mary we can see that the attitudes of women have changed these days. The fact that women these days are not concerned about their fond place and bein g the first girl to marry in the family contrasts with the idea of Mary who is in turn looking for pride, status and independence Mary is very materialistic.In contrast to this, Teresas Wedding by William Trevor does not mention the idea of the eldest girl having to be the first girl to marry in the family as to being a triumph, besides instead William Trevor wants to show his audience the true meaning of love and its value. Even though Teresa cheated on Artie, William Trevor show the reader that as yet in times of badness couples can make it through if the love for each other is unwavering enough . The disclose moments in the story are when fuss Hogan says about Artie and Teresa Isnt it great that God gave them animateness and when Artie asks Teresa Did shtup Doyle take you into the field From looking at these texts we can see the importance of the plot and tightness because the story is about Artie and Teresa getting married and when Father Hogan says that its great that God gave life to Artie and Teresa we can see the irony in contrast to Teresa cheating on Artie with shag Doyle. The fact that Father Hogan express what he had that led up to a sift climax. From above William Trevor like Jane Austen have many similarities in their work as they some(prenominal) use irony. The usage of irony in Father Hogans case makes the audience record that there is more to what is being said than the literal meaning of it.If we compare the different blame structures each novelist uses we can see that Jane Austen in The Three Sisters tends to use a mixture of simple, compound, complex and varied sentence structures. For example and during many points in letter 1 she uses a complex sentence structuresHe said he should ascend again tomorrow and take my concluding answer, so I believe I must get him while I can. The usage of longer sentences sometimes justify difficult or tense situations, to pop the question characters confusion and also gives the passage a continuous flow to it and as a result makes the reader read on. excessively when Jane Austen employs a simple sentence when Mary believes that she should have Mr Watts I believe that I should have him it creates a sense of extravagance and makes the reader read faster.Overall if we look at both stories it is possible to compare and contrast many aspects of these stories. The fact that both the stories differ it reflects the authors differing concerns. Jane Austen is primarily seeking to address to the audience that Love and Society as it stands today have hardly any resemblance of any sort in relation with her story. Where Mary Stanhope says that Mr Watts has a king-size fortune but she cannot stand him and he is very healthy reflects what the women of today want They want husbands in sickness and in health and value their love not take them for granted. In contrast to this, William Trevor his trying to show his audience that love can be salvaged if the confiscate and care be tween the couple is strong enoughShe felt that she and Artie might make some kind of marriage in concert because there was nothing that could be destroyed, no magic We can see that through William Trevors eyes he prizes that if love is such a powerful element then it can withstand anything, even deceit. I think that although Jane Austen and William Trevor have different ideas towards love and night club they have both accomplished their aims as they present these ideas to audience which makes them understand. For example, the irony both authors employ towards love make the reader unveil the humour which is hidden or secreted within the passages and it is this tool which makes the reader calculate the true meaning of love and its value.Also in The Three sisters Jane Austen purposely uses first person repeatedly to make the tone of the language and text seem personal, and therefore make the text conversational and make the audience more involved it draws them into the world of the story. Also the I makes it seem as though the character is talking directly to the audience and so attracts their attention. Furthermore I think William Trevor has produced such a good story as he likes following the character very closing and explains them in detail and therefore allows the reader to pay close attention to what is going on.

Friday, December 28, 2018

Comparison of Theoretical Orientation Essay

Comparison of abstractive Orientation The two theories that I am choosing to compare and contrast in the maculation given, is Sigmund Freuds psychoanalytic theory and William Glassersreality theory. William Glasser, M. D. , is the developer of cosmos Therapy and Choice Therapy. Glasserdeveloped a cause and final result theory that pardons human behavior. He focuses on private choice, personal responsibility and personal transformation. William Glasser has an approach on his theory that is very(prenominal) nontraditional.He does not believe that soul potful feature a intellectual illness unless there is something organic eithery haywire with the brain. He too believes that if somebody is considered to contract a mental illness it needfully to be confirmed by apathologist. William Glasser alike believes that genetically we are social creatures and need each other. That may very hygienic be the cause of almost all psychological symptoms which is our inability to get o n with the important and meaningful people in our lives. Sigmund Freud developed a theory to explain psychoanalytic and psychotherapist and much of his name comes from self-analysis.Sigmund Freuds sprain suggests that archaeozoic experiences in ones aliveness can shape and develop the way we hold as adults. Freud identified five stages deep down the first five years of life and he believes that our behavior patterns consist of one-third main elements which are the ID-this is the basic instincts give in at birth, likewise known as the pleasure principle. The Ego-realistic acts within the mind and reality, this is also considered that the fence principal. The Super-Ego-this is the sense of conscious, our duty and responsibility, this is also known as the moral principle.Freud believed that when conflicts arose amid these three parts it was those experiences from birth and early childhood that had the most impact on us as we became adults. Even though Freud never studied chil dren and its sportsmanlike to say some people have doubt about his theories, Freud developed his theories base on clinical experience with his patients and they were unremarkably all women. Knowing that Freuds work was based on an assumption that disposition is shaped and behavior is motivated by powerful inner forces can set up it easy for one to misunderstand or misinterpret Freuds theory.

Wednesday, December 26, 2018

'Expressions of the self through the body Essay\r'

'Within the frame cash in angiotensin-converting enzymes chips of the twenty-first Century, western gild is progressively clear to projects and ideologies of the embodi handst of ‘ triumph’ and ‘happiness’. The media is paramount with these conceptualisations and affects us all on vary levels of shape and intensity. The very basis of the orbit of the social sciences (that conglomerate spheres of the normal of societal set atomic number 18 interconnected and unelaborated apart) is the foundation for the take over that ideologies associated with the modern capitalistic revalue system strongly and whole affect the figureing and personal manner of our individuation done the manage ment and aesthetics of our bodies.\r\nTo understand the origin of this claim, and to farther explain the phenomenon it identifies, some(prenominal) steps need to be taken. Firstly, the value of the modern capitalist framework fox to be set and adequately comp ared to the coetaneous understanding of the em remains and of intimate urge. Secondly, materializations of the body and sex will be explored, to adequately quantify the twist these set hold back done visual media. Finally response to these values and look-alikes will be considered, in indian lodge to critically analyse the true form of agency that has been palmyly exercised in spite of bulgeance this involved association of cause and effect.\r\nAs open up byout the second section of this course, the thickening and influential structure of capitalism lies in the celebration of the undivided, and not of the society. (Loy 1997). Characteristics inherent in capitalism are the grandness of the indivi three-fold; the necessity for competition among these individuals to justify the importance of the individual; and the desire to embody wealth, success and happiness by means of and by means of financial means. too pivotal to the success of capitalism is the phantasm of freedom of choice and agency inwardly society for the individual to construct a unique identicalness (Loy 1997, Cox 1999). What is mayhap most important in basis of the consanguinity betwixt capitalism and the usherion of individuation and sexuality through the body is the concept of commodity aesthetics, the beautification of any intent to affix it’s oomph to the consumer. (Sarup, 1997)\r\nThe relationship between these values and the understanding and expression of our bodies elicit be explained in scathe of the explore done by Rohlinger (2002), whereby a complex study into the representations of men in advertizements was conducted to assess the ‘objectification’ of men that he set as prominent. charm the implications of this study are more in-depth than the conclusions discussed here, the results belie, in part, the beautification of men in the media to create desire for not sole(prenominal) the image, but also the harvest-feast associa ted with the image.\r\nThe biggest course of study of depiction of men he identified was the so-called ‘ titillating young-begetting(prenominal)’, whereby a male, of often indeterminable sexual preference, was envisioned sexually, thereby sympathetic to twain corking and hardy men, thence following the dual advertising method (Rohlinger, 2002). It would thus appear as if men have been ‘beautified’ in order to increase desire for the product associated with the model. While it may seem to be a leap in logical system to equate the ‘erotic’ male with the ‘beautified’ male, the cerebrate behind this premise lies in the conceptualisation of beauty in modern society. While it can be argued that advertising affects these values, and that the values in turn affects the advertising, I would extract that the attractiveness of a male or womanish lies wholly in terms of sexual appeal, and thus by an erotic portrayal, the beautific ation process †however atypical †occurs.\r\nIf the exercise of Rohlinger’s research is further employed and employed as it was int completioned, it be adds clear that through advertising techniques, the capitalist framework has clamantly influenced media portrayals of the body and sexuality, and thus has direct influence on our own expression of sexuality and identity through our bodies. Within the work of Susan Benson (1997), the degree of identity expression through the body is discussed. The capitalist influence has (seemingly) autonomously dogged what bodily images determine varying aspects of an identity. (Benson, 1997) In order to appear red-blooded and in control, a well-toned and slim body is essential. Bodies that do not align to these characteristics thus vaunt an out of control and unhealthy person, negatively reflecting on his or her identity.\r\nIn terms of the influence of structure and agency and the way in which symbols are given value to cons truct an identity (Jenkins, 1996), the outward give away of an identity and any agency in play, is unambiguoused in the aesthetics of the body through the use of symbols that appeal to the senses of those who would validate the identity. These symbols can be clothing, fragrances, language and body language. It is for this condition that the media †ironically, a manifested construct of the very society it attempts to influence and control deep down a capitalist framework †seeks to associate a type of identity with various commodities to be marketed, change magnitude not only the desirability of the product, but of the identity as well.\r\nIf the claim that gender and sexuality have unyielding been 2 of the few certainties in one’s identity (Segal 1997), then recount to suggest increasing mistring of the line of short letter between what expresses the embodiment of being a man or a woman, would evince a critical turning institutionalise in social history, emphasising a electrical switch towards the androgynous and sexual ambiguity. Rohlinger’s research further identified the depiction of men in advertisements as having an ‘unknown’ sexual orientation (2002) thus fulfilling appeal to both a heterosexual and homosexual male community, yet in very different ways. This type of depiction allows for the viewer of the advertisement to identify with a particular adaptation of the male model †further create the estimation that the agency it appears we are employment is indeed limited within the structures we amaze ourselves in.\r\nThis eroticising effect on the male image †and similarly on the female image †in the media is thus conducted by those who find the identity and image suited (which returns us to the circle of desirability between the product and the identity associated with the product) and is then externally displayed through the appearance of the body. This adoption of a particular ident ity extends to the sexuality that may or may not be displayed within the advertisement as well, cause the blurring of distinction between male and female sexuality. The portrayals of men and women have become more and more similar in society (Benson 1997) and thus too have the expressions of masculinity and femininity, enfeebling previous concepts of gender roles (Hearn 1999).\r\nThe by-products of these influential depictions of men’s and women’s identities in present-day(a) society range from liberal fronts gaining acceptability within a sexual context, to the increase in take disorders, body building, and the tag on pains in an attempt to get hold of a ‘healthy’ body, thereby conforming to the acceptable and suitable identity of modern society.\r\nThe increase in support for the gay and lesbian right’s movements, as well as the continued organic evolution of the feminist movement, are all examples of responses to the effect of capit alism on society through the media. As in the previous section, the manifestations of various identities increasingly depict an androgynous sexuality, appealing to hetero- and homosexual members of society. (In part due to the increasing wealth of the homosexual consumer) With this subconscious establishment of homosexuality in the media, it appears it has become increasingly socially acceptable to either be homosexual, or support the movement and to adopt its value system. (Rohlinger 2002; Hearn 1999; Benson 1997)\r\nThis type of liberal movement, age an apparent display of agency in the determination of an identity, appears to be yet another(prenominal) type of shape to the current desirable identity. Thus the response †albeit in later years †is not one ground in agency, but in resistless acceptance of a contemporary trend. like criticism can be levelled at the development of the feminist movement in current culture. While the view of Rohlinger (2002) may be consid ered somewhat sensationalist and one-sided, her idea that however feminism and women’s emission has been commodified and a purchasable identity to the movement pass judgmentd, is one that contains some validity. So further reaching is the grasp of capitalism, that it is able to commodify that which unknowingly opposes the values of capitalism, by advocating freedom of expression and a resistance to the values of the antiquated society in existence right away (Bhasin, 1993). An example of this trend would be a television advertisement for a pop drink with the tag ‘Girls Night. No Boys Allowed’. This blatant commodification of the independent and liberal woman as an identity, critically wounds the credibility of the movement it seeks to ascribe itself to.\r\nThe increased phenomenon of female and male eating disorders prevalent among teenagers (certainly the most influential arse group in modern society) further illustrates the growing trend in conformity t o the desirable body image in at attempt to embody a certain identity. At the other end of the scale (so far removed, it has perhaps come full circle) is the bodybuilding trend: whereby men and women seek to become the pinnacle of strength, strength and fitness.\r\nThis trend identifies not only the blur in distinction between masculinity and femininity (â€Å"active/passive” †Segal, 1997) as women attempt to embody a antecedently masculine identity, but also seeks to display, perhaps, a resistance (Castells, 1997) to the threat of androgyny and suppositious equality of men and women in society, as men attempt to over-emphasise their physical †ergo societal †strength and dominance. In perhaps the most obvious sign of a symbiotic relationship within these two forces, the dietary and health supplement industry is booming, as it convinces millions each year that the healthy body †therefore identity †is contained within a capsule or a milkshake.\r\nIn t his brief and general geographic expedition into the relationship between the capitalist society and the expression of identity through the body image, it appears clear that the values of capitalism have directly affected the expression of identity and sexuality in modern society. So influential is the media that social actors feel compelled to conform and duplicate these images in order to take note a sense of acceptance within society. It is also evident that very bantam real resistance has developed to this trend, and that even those who do not physically manifest their response to this trend, appear to have espouse the ideology in more sharp ways †tellingly, purchasing products associated with the identity they subconsciously want to adopt. Thus the construction of our identity and sexuality is clearly outwardly displayed through the expression of our body, and the media of capitalism is singularly successful by directing it’s influence on our continuing desire to express our identity through outward appearances and symbols.\r\n'

Tuesday, December 25, 2018

'Influencing Other’s Behavior and Its Impact Essay\r'

'As an mortal, we entertain the capacity to affect some other’s manner, characters and attitudes. in fact, what we did to trance othetfr has the more impoact thyan what an anidicidual do it to himself. However, the power to persuade depends upon on what kind of persuasion we did and how the manipulation takes place. As an several(prenominal), we have then eytnmdecy to rely hwat opthewrs verbalise and what others do towards us. Actually, it is more believably to believe other’s head. Influencing others thohuhts and actions msut be continually improve his perception and lineament towards quality and productivity (Seminar Information Service, 2007).\r\nHowever, how could we do this and what is the inpact of persuading our intellection s and isea upon others? II. Influencing Others Thgoughts and carriage Communication with a soul is one of the major byplay on how to persuade others upon your ideas and belkifs. Constant colloquy exit digit a muscular conf idence and willing mark cuss and support when you argon arguing or discussing something with him. It is in like manner a course to blend his attention ans support when you are in the midst of conversation with him.\r\nIn fact, inidivucdual and conference victory towards others mainly depends on the might on how to communicate woth others. The suffice on how a soulfulness cvommunicatye wotu pthers strogly sour others perception on you. If you have the ability and skills in persuading others ideas to your own by mean of well-built communicatiuon, you have also the powers to be understood and the influence to be inculcated toerda others. The conference skills are the key on how to exploit individual(a) and even group potential and beliefs.\r\nIndeed, individual and group success mainly root from their ability to ex budge words understandably and with persuasion. Explore and examine a nonher psyche’s way of communication stryle in ordewr to adapt the implicatio n and deli really and idea to the approach of that person. Well- delimitate relationship underside sway other’s actions and judgments. However, how could a person buiuld strong relationship without the ability to communicate well? expression costly relationds comes from building good communication skills. As constaent communicatiuon build laterality, good relkationship also build power to plead one’s case.\r\nHowever, before entering to the relationship, it is important to underdtanr anf take apart forst one’s style of communication and relationship towdrs opther. The skill to analyze them will improve one’s way and strategy on how to relate woith them. The dynamica of the communicationa and rekationships of others pave the way on how to approach them in suach a way that they could handle our centre of camaraderie amd acquaintance. The analysisi and defining our approach and goals and identifying the around effecvtove methopd will emphatically infl ucnec positively anothers’ behaviour and their way of perception.\r\nIn terms of psychological approach, assess and analyuze how the style natuarally encourage others eccentric person of relationship. Plan an influence strategy, and use an examined and examine techniques for association and rapport. in that respect are studies conducted shoews that contour has a strong influence towards individual. It increases unanimity towards individual. The deegeree of comfomiryt is basewd on the levels of sympathty beingness shown and felt for that person (GERHART, 2006). There are many another(prenominal) long-familiar studies in social psychology that expose various influences on accommodateity.\r\nConformity is defined as a change in behavior, belief, or opinion so that the change is more congruent, or agreeable, with an influential individual or group. Among these influences are group pressure, guilt, and authority (Kiesler & adenine; Kiesler, 1969). Research has also indic ated that these influences back much more power on alignity than originally preconceived. They can potentially become very powerful tools for subtle, humanity manipulation when used correctly. Due to this, it is very surprising that no direct explore on the influence of benignity on accordance exists.\r\nSympathy is defined feelings of grief or attention for another person (not to be confused with empathy). Although no solid, observational evidence for the influence of sympathy on treaty exists, it is often used effectively. galore(postnominal) strategies for donation collection aim at getting other community to conform to the belief that money is needed, and sympathy is typically used as a merchandise tool. People in everyday situations also, any intentionally or unintentionally, raise sympathy in others so that they may conform to their beliefs or comply with their requests.\r\nFor workout, Perina (2002) found that college students withstand that 70 percent of th eir excuses for missed assignments are lies. A vast majority of these lies concern health problems and deceased relatives, which is in all likelihood to leaven sympathy in the professor. Another example of the influence of sympathy on conformity is the Christian religion. The Bible states that God gave His wholly Son, Jesus, so that no one else would have to suffer. People could sympathize with this, which would influence their conformity to the religion.\r\nYet even with these powerful implications, no direct research can be found on this probable relationship. There does exist, however, some research where sympathy is applicable. many a(prenominal) psychologists and philosophers have suggested that sympathy mediates altruistic behavior (Eisenberg & Strayer, 1987; Wispe, 1991). Altruism is defined as intentional, voluntary behavior the benefits another and is not serveed with the expectation of receiving outer rewards or avoiding external punishment. Given this definition, conformity could be label as a subcategory of altruism.\r\nIn many cases, people intentionally conform to the beliefs of others with no intent other than to please, or benefit, them. more(prenominal) recently, Eisenberg, Zhou, and Koller (2001) reported findings of sympathy predicting prosocial behavior. The only discrepancy between altruism and prosocial behavior, by definition, is that prosocial behavior lacks a specified motive (Eisenberg & Strayer, 1987). Again, conformity can be identify as a subcategory of prosocial behavior, which is closely think to altruism. Other research can be interpreted as sympathy being a confounding variable, influencing conformity.\r\nStudies of guilt on conformity (Freedman, Wallington, & Bless, 1967) suggest that when participants jazz guilt, they are much more likely to comply. Guilt is defined as feelings of province for offensive actions. In their research, participants were induced to perform a ban behavior (e. g. , roast over a thousand tell note cards) at the expense of the perceived researcher, subsequently producing guilt. It could be argued, however, that the negative behaviors all are likely to elicit sympathy, which in turn, could influence conformity to requests.\r\nBasically, the experimenter’s image to negative behaviors, regardless of the person responsible, could elicit sympathy and influence the participant’s conformity. This could have been controlled for had there been a group where confederates, followed by measurement of participant conformity, performed the negative behaviors. Therefore, sympathy is potentially applicable to this research. The adjudicate of this study is to examine the direct influence of sympathy on conformity. It is predicted that sympathy will promote the onset of conformity with the surmisal that participants will only conform to the sympathized person.\r\nIt is also predicted that women will display higher conformity, because they are more likely to be influenced by sympathy (Bond & Smith, 1996; Ickes, 1997). It is hypothesized that people experiencing sympathy for an individual are more likely to conform to that individual’s opinions than people of the general population. GERHART, A. D. (2006) THE INFLUENCE OF SYMPATHY ON CONFORMITY. SEMINAR INFORMATION SERVICE, I. (2007) Communicating with Influence: Building Successful Interpersonal & squad Communication.\r\n'

Thursday, December 20, 2018

'Correctional Subculture Essay\r'

'The punitory subculture has confused ethical questions pertaining to a correction police force officer and his duties. match to Thomson and Wadsworth (2005), when an officer makes the decision to lather or write a corrective report, he is playing a social occasion in the Criminal Justice dodge (p. 316). A disciplinary committee likewise has a dilemma because he, or she essential decide on what punishment should lessen towards the offender. This whitethorn be a interim loss of privileges, or he whitethorn have his sentence increased (p. 316, para. 2). A correctional officer in changeless is an authority figure, which implies reasonable and rational apply over the incarcerated. Moreover, he has the full divagate of coercive control over inmates; spendthrift force, loss of liberty, and his power may be defiant; taught through his subculture (other correctional officers’).\r\nAccording to Thomson and Wadsworth (2005), many correctional officers have (deontolog ical) stupendous knowledge and practice professionalism. While others carry to use (teleological) coercive, control against offenders gain emolument (pp. 317-318). A correctional officer must(prenominal) engage in ethical behavior. He must act professional; present respect for the incarcerated; be consistent; exercise integrity and honesty; and act impartial (p. 318).\r\nThe subculture of a correctional officer has uniform aspects of police subculture. However, cover-ups and wrongdoing is apparent in both. According to Thomson and Wadsworth (2005), a correctional officer will travel to administer service for another(prenominal) officer. Again, as police officers, correctional officers will not cooperate in an investigation if it pertains to a fellow officer (blue code). One would not embarrass another in front of an offender because this may jeopardize an officer’s effectiveness. A fellow officer does not bollix up in a white hat. This pertains to cover emotions to wards an inmate or his family. A principal(prenominal) similarity in the midst of correctional and police officers is that both engage in solidarity, against all told outside groups (pp. 320-321).\r\nIn conclusion, few officers patronise and publicize subcultural values, whereas the majorities, who are silent, privately intrust in different values. In fact, his moral philosophy tend to make judgments on their own. This basin be ground on his pietism; what is full(a) or bounteous based on what is morally wrong, utilitarianism; a bad action turning into a good deed (a selfless act), natural fair play; universally acceptable and ethical hypocrisy; the intent of good will. According to Thomson and Wadsworth (2005), correctional officers are faced with these dilemmas on a daily basis.\r\nMoreover, the difference between devotion and justice comes not from the difference between actions and consequences (as between morality and influence ethics) entirely from the difference between motives and actions (pp. 325-327). Therefore, when a C.O. does not practice morals and does not conserve the ethical code; he may drift into relativistic egoism. He may believe he should receive benefits for his trouble, and he does not think of the latter consequences to his actions.\r\nReferences\r\nAxia College of University of Phoenix. (2005). Chapter 11: morality in Crime and Justice, Ethics for Correctional Professions. Retrieved October 6, 2008, fromAxia College, Week Eight reading material AXcess, ADJ 235- Ethics and the Administration of Justice\r\n'

Wednesday, December 19, 2018

'Bullies Should Be Held Legally Responsible Essay\r'

'We all know what ballyrag is. We usually tend to think of it as or so huge kid threatening to beat you up if you don’t give them your lunch money. provided sometimes, ballyrag goes so much further than that. sometimes bullies go too far, and their victims make the unfortunate select of ending their own lives. As awful as it is, it happens every day, and the worst part about it is those bullies aren’t held legally accountable for their actions, still they should be. Bullying is a form of harassment. It damages people physically and mentally. horizontal though the â€Å"normal” type of harassment is illegal, struting somebody literally to death isn’t. Rebecca Ann Sedwick was one of those victims who were bullied to death. She was a 12 year old girl in high school, and several other girls began mock and making fun of her over a boyfriend issue. The taunting and teasing didn’t let up. Rebecca was both verbally and physically assaulted. One gi rl was reported sexual intercourse Rebecca to â€Å"drink bleach and die”. Eventually Rebecca couldn’t take it anymore and she climbed to a concrete newspaper column and hurled herself to her death. Rebecca was harassed, which is against the law, but people don’t expect to understand that. In addition to being a form of harassment, bullies should be held legally accountable for their actions because those who bully know the difference between right and wrong.\r\nIn the case of minors, when bullying gets brought up, many people start out up the fact that their brains are not in full developed until the age of 20 or so. This is true, and I do not dispute it. However, and because their brains aren’t entirely developed does not mean that shouldn’t be held accountable for their actions. If a minor cheated on a test, would the claim about their brains be considered legalise and make it to where they don’t receive penalty? Of course not, so why should bullying someone to death be any different? Finally, bullies should be legally responsible for their actions because it would act as a deterrent. When most people bully, they don’t in reality have any fear of consequences because they know that in that location really aren’t any, which is exactly why on that apex should be serious consequences.\r\nBecause of the lack of punishment, people just say hurtful things constantly without any fancy about what king happen as a result. That is completely ridiculous and something must be make about it. If people knew that their bullying harassment might land them in jail, they would certainly think twice before making those nasty, attacking comments that cause much(prenominal) tremendous harm. Those who have been victimized to their breaking point deserve justice, and holding their tormenters legally responsible is the totally way they will receive it. The problem is, when someone has finally had enough of b eing bullied and they end their lives, no one sees it as anyone else’s fault but their own. Somehow suicide isn’t as corked as murder, when in fact, its every bit as devastating, if not even more.\r\n'

Tuesday, December 18, 2018

'Antisemitism in Mein Kampf Essay\r'

'Mein Kampf is a book of two lots authored by Adolf Hitler. The first volume was compose whilst dictated to Rudolph Hess and Emile Maurice in Landsberg prison w present Hitler was sentenced to hobby the failure of an attempted coup d’etat of the Bavarian government in 1924. Mein Kampf is significant amongst historiography as it is view to be an insight into the mind of Adolf Hitler. This book is not only autobiographical exclusively full of memoires and semipolitical ideologies, which have subsequently sparked debate as to whether this foregather of primary historical evidence can be regarded as the blue-print for Hitler’s future breathing ins.\r\nAn tendencyalist view by Historians’ such(prenominal) as Lucy Dawidowicz, argues that the final solution was the consequence of Hitler’s long term plan, whereas the functionalist perspective by Historians’ such as Christopher Browning is of the result of a competing agents at bottom the Reich to a nswer the Judaic question. Chapter 11 of Mein Kampf: tribe and Race, testifys to snatch with the intentionalist interpretation that this did indeed set the foundation for Holocaust as a propaganda medium. Chapter 11 of Mein Kampf is a induce rhetoric that advocates social-Darwinism in favour of the German Indo-Aryan wake and even justifies war with the ‘racially rase’.\r\nThis chapter refers to natural selection within humanity as the will of nature and of God. The word ‘Nature’ is forceful being menti unitaryd 20 clock cadences within the handing over purveying it as a natural process. The mixing of genes with ‘lesser’ look sharps are referred to as a sin against God, in which context Jews are included. Language utilize in this passage has been described as using metaphors to hold racial prejudice, although perspicuous is how the use of lyric poem has not only been used for easily digestible comparisons, only if overly as g raphic and horrifying, such as ‘blood poisoning’ when describing breeding with a ‘weaker race’.\r\nAlso described are the consequences of the integration of races and habituated examples of how this would be catastrophic for humanity. In regards to the book as a whole, anti-Semitism is consistent throughout Mein Kampf and is manifest of Hitler’s hatred of the Jewish people, with quotes of ‘real’ Germans live on in the war if a great turning of Jews had been killed with poison gas. Mein Kampf was written at a time when Hitler was banned from public speaking. This indicates that the production of Mein Kamp as unruffled as a method in which Hitler could herald with the public legitimately. Volume 2 of Mein Kamp is also give tongue to to be written in plain mouth wording. This indicates it was written for all people to be commensurate read, proving it as a propaganda tool. After Hitler’s Chancellorship in January 1933 Mein Kampf was eventually introduced into schools, place on trains and presented to every adoption couple. The mass circulation of this book again proves only to show it as a propaganda medium.\r\nAnti-Semitism was not laughable to Mein Kampf and was a keen topic of Hitler’s in many political statements given in meetings. Hitler exclaims in September 1919 that the Jewish people are a race and not a religious community, and how this race are decay and disliked by a large section of ‘our people’ through emotion. A year later he states that a German citizen can only be angiotensin-converting enzyme of German blood. As head of the Nazi party Hitler placed Joseph Goebbels as the head of Nazi propaganda, who wrote in the antisemitic newspaper ‘Der Angriff’ from 1926.\r\nIn here is written how Jews’ are destroying the German community and how they must be take from the community or they will ever corrupt it. Hitler’s ‘last will and tes tament’ written hours before his suicide tells of a hatred for Jews and also blaming the Jews for the war. These sources prove that Mein Kampf was not just a unequaled rant of anti-Semitism, Hitler believed in this hatred of the Jews’ evident here as early as 1919, days afterwards his first attendance at a DAP meeting.\r\nThis reinforces Mein Kampf as weapon of anti-Semitic propaganda at a time when Hitler could not address the public in person. another(prenominal) element that points to this being a blue-print for the Holocaust was that Hitler wrote (or dictated) Mein Kampf with the intention of becoming a fascist style drawing card, but not only a attraction, the chosen one and almost messiah-like. The failed Beer-Hall Putsch in Munich was directly influenced by the success of Benito Mussolini’s March on capital of Italy which had immediately led to his appointment of Prime see of Italy; proving Hitler’s ambitions before he authored Mein Kampf.\r\n This shows Hitler unendingly had the ambition of become a fascist style leader in Germany who would have had the power, with support from the rural area, via propaganda, to eliminate the Jews from Germany. Although the ‘chosen one’ notion comes into play when in Mein Kampf it states that â€Å" fatality will someday gift the nation with a man endowed with the purpose of leading the nation out of a great depression and exclusion of a bitter distress”.\r\nThe elimination of a itter distress can only be regarded to ‘the Jewish problem’ as anti-Semitism is a recur theme in the book, but flock send this man who is made for the job sounds messiah-like, which with Hitler’s turn up ambition to become this leader would mean that if this propaganda was effective, he would become the ‘chosen leader’ and his book of propaganda regarding anti-Semitism and social-Darwinism would almost become a gospel. Joseph Goebbels exclaimed in 1941 th at one of his notable achievements in propaganda was giving the nation assoil confidence in Hitler by giving him a metaphoric halo of infallibility.\r\nAn edition of Der Angriff from 1935 entitled Der Fuhrer’ by Joseph Goebbels states of how the Fuhrer is divine as â€Å"all of his actions stand downstairs the power of a higher power” and Fate has provided the German people with Adolf Hitler. Again here it is evident of Adolf Hitler being propagandised as divine, and a divine leader would command the subordination of his subjects who would in return puree to please him. Mein Kamp is an intentional method of propaganda to be used at a time when Adolph Hitler was unable to hand verbally with a gathering of people.\r\nMein Kampf advocated Anti-Semitism, and Chapter 11: Nation and Race with a dramatic use of language strongly advocates social-Darwinism and justifies a war with the ‘lower races’ of peoples. Hitler always had, before and after Mein Kamp, an ambition to become a fascist style leader in which he had total control, which was propagandised during the construction of Mein Kampf as being nominate by higher powers and made out as messiah-like. This reinforces the intentionalist view of the Holocaust to be a result of Hitler’s long term plan.\r\nHistorian’s in future research may expect to consider the ‘divine leader’ cognitive contents propagandised by Hitler, in regards to the intentionalist/functionalist argument. This analysis of Chapter 11 of Mein Kampf has evaluated the context of the chapter within the book, the message within as well as examined the language used. The significance of the document as well as the purpose of it has been considered, as well as having reinforce a current historiographical debate.\r\n'

Monday, December 17, 2018

'Law of Negligence: 1st and 2nd essentials of Negligence Essay\r'

'INTRODUCTION\r\nNegligence is a mathematical function of that branch of Civil virtue known as Tort right. Hence, dis map is a civil wrong. Other civil wrongs intromit nuisance, trespass (to mortal or goods or democracy), deceit, firing off, defamation and so on. This point out willing analyze the tort of failure, and will focus on the get-go two ‘essentials’ need to lay down an betionable font. chitchat 4 will consider the third essential, defences and remedies in Negligence.\r\nOn successful completion of this lecture, you should (within the scope of the course) be able to: * plant the sloppeding of tort\r\n* define negligence\r\n* identify and strike the tether essentials needed to show up a side in negligence * describe and talk approximately the legal principles utilise to chip in calling of take for heedless exertionions * describe and discuss the legal principles utilized to establish calling of put up for neglectful advice * identify the attributes of the hypothetical ‘ liable psyche’ * identify and describe the road maps used to establish disrespect in the streamer of anguish\r\nTORT\r\nA tort is defined as a well-bred wrong ( early(a) than a transgress of guide) in the take shape of a breach of province for which the legal right is an award of impose on _or_ oppresss. Tort Law is quite plain from the Law of Contract. Pentony, Graw, Lennard and Parker (2003, p.367) puts the distinction this way:\r\nâ€Å"The main difference between tort and lead is that the integrity of contract essentially deals with the bring downment of rights that the parties surrender created for themselves through their agreement objet dart the virtue of torts deals with the enforcement of rights that pull in been conferred by virtue †regardless of agreement.”\r\nA tort will impose a barter of some mental on a mortal or persons in certain sh be, and its breach put forward ent itle the complainant to abuses as compensation for the loss or psychic trauma suffered. The rights that the tort law protects intromit the rights of individuals non to have their property, reputation, person or certain interests injured.\r\nNEGLIGENCE\r\nAs no(prenominal)worthy in a higher place, Negligence is but one of a enactment of torts, albeit the most important one. Negligence is the doing of something which a sensitive person would non do or the misfortune to do something that a level-headed person would do, which unwittingly inflicts reproach. That is, the complainant does not have to prove that the suspect either intended his act or its consequences. However, negligence involves more than just cargonless have a bun in the oven, and involves a gang of the concepts of commerce, breach and sufficient lodge in law.\r\nAccordingly, in that location argon 3 essentials which the plaintiff moldiness(prenominal) prove ‘on the balance of probabilitiesà ¢â‚¬â„¢ in order to play along in an action in negligence: 1. the suspect owed the plaintiff a barter of flush;\r\n2. the suspect failed to conform to the inevitable regular of heraldic bearing; and 3. in that respect was a sufficient connection in law between the defendant’s stomach and the damage (i.e. loss or injury) suffered by the plaintiff (note: the tertiary essential is often discussed in the literature on a lower floor the heading of ‘damage’ instead of ‘sufficient connection in law” (for example, the discernment pedigree Law text at scallywag 718). There is petty practical difference between the two equipment casualty for our purposes, and the essentials as listed higher up will be used in our discussions.\r\nThe Law of Negligence has evolved dramatically during the ordinal century. Donoghue v. Stevenson [1932] AC 562 was a addmark case which set down the shew for duty of forethought and held that a manufacturer was l iable to the ultimate consumer for whatever damage or injury arising from the consumption or use of goods which were faulty be stool of the manufacturer’s inattentive act. A further watershed in negligence law in Australia came with pomelo tree and Associates v. Parramatta City Council (1981) one hundred fifty CLR 225, where the motor inn held that those who pass along gratuitous advice could be held liable for any\r\ndamage if the advice was negligent. *\r\n* DUTY OF CARE\r\nThe Defendant must owe the complainant a duty of direction, which the plaintiff must prove on the balance of probabilities. If no duty of safeguard is owed, the Plaintiff’s convey must fail. The judge at the trial has the problem for deciding whether or not a duty of feel for exists as the issue is a move of law having regard to the facts of the case. The method used to sieve the existence of a duty of mete out will differ depending on whether the action involves negligent advice or a negligent act. The test for duty of safeguard in negligent acts is now comparatively complicated, although it evolved from the relatively straightforward test from Donoghue v. Stevenson [1932] AC 562 which was ground on whether or not the injury was sanely foreseeable, and the nearness or law of proximity of the plaintiff to the defendant.\r\nOn the early(a) hand, the test for duty of care in negligent advice developed from Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225 and is based on whether or not the advice was for a practiced matter which the adviser is expected to give his or her best advice and it was reasonable that the telephone receiver act on the advice. *\r\n* Duty of fretting for Negligent bears *\r\n* Historical backdrop: Doctrine of Reasonable Foreseeability and Proximity The historic test for establishing the existence of a duty of care in actions involving negligent acts was laid down by the brook of churchmans decisiveness in D onoghue v. Stevenson [1932] AC 562. In that decision, the double duty of care elements of ‘reasonable foreseeability’ and ‘proximity’ were express in the ‘ live test’ by sea captain Atkin: *\r\n* The order that you are to love your neighbour becomes in law, you must not injure your neighbour; and the attorney’s question, Who is my neighbour? stimulates a restricted reply. You must take reasonable care to avoid acts or omissions which you stop reasonably foresee would be apparent to injure your neighbour. Who, then in law is my neighbour? The answer seems to be persons who are so most 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 into question. *\r\n* Hence, for Lord Atkin’s neighbour test, two issues needed to be satisfied: reasonable foreseeability and proximity. For reasonable foreseeability , the question was †would a reasonable person, in the position of the Defendant, have foreseen the likeliness of injury to the Plaintiff arising out of the Defendant’s behaviour? For proximity, the question sess be represent thus †was the proximity (closeness) of the injured Plaintiff much(prenominal)(prenominal) that the Defendant ought to have had him/her in mind when doing the asseverate(a) negligent act?\r\nThe test of reasonable foreseeability is an butt one: that is, what would a reasonable person have foreseen, rather than what the Defendant in truth foresaw at the time. Further, it is not necessary that the exact nature of the loss or injury been foreseen, just the likeliness of injury of the resembling general character as that suffered. Both aspects do not require the Defendant to be actually aware of or know the Plaintiff as an individual †it is sufficient that the plaintiff belong to a class of persons of whom the Defendant ought to have bee n aware when doing the alleged negligent act. *\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\n baptistry abridgment instruction †catch argument Law (2008) text, page 695/696 â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nDonoghue v. Stevenson [1932] AC 562\r\n*\r\n* modern situation * From a number of decisions in the 1990s, the gamy beg moved decidedly forward from a ‘one-best’ onward motion for duty of care for negligent actions and opted for a ‘b way approach’. In particular, the broad(prenominal) judgeship expressed dissatisfaction with ‘proximity’ †â€Å"proximity is no thirster accepted as the defining test [authors’ italics] to establish whether thither is a ‘duty of care’ in any particular case” (Pentony, Graw, Lennard and Parker, 2008, p. 698). As the understand Business Law text (at page 698) notes, the in terest pattern appears to best represent current elevated Court thinking in the establishment of a duty of care: *\r\n* 1. Determine whether or not a reasonably foreseeable essay of injury existed; without reasonable foreseeability, no duty of care bottom of the inning exist. In some cases (especially those involving direct physical molest from the negligent action), reasonable foreseeability may be satisfactory in establishing a duty of care by itself. *\r\n* 2. Determine whether or not the present case is kindred to cases in which a duty of care has already been realised (or is in a family in which a duty of care has been held not to exist). For example, employers are under a general duty of care, which cannot be delegated to others, to provide a safe system of transaction for their employees. The driver of a motor fomite owes a duty of care to pedestrians, other road users and adjacent property owners. Other relationships which may give rise to a duty of care include: employmentals to clients, schools to students and manufacturers to consumers. *\r\n* 3. If the case does not fall into an established category, the Court may look at the important features of the case to establish whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care. In establishing this, the courts can consider the plaintiff’s picture in the matter, along with their reliance on the wrongdoer, the wrongdoer’s assumption of responsibility (if any) and the wrongdoer’s level of control in their actions. *\r\n* 4. Determine whether or not ‘ policy’ considerations exist which may work against the purpose of a duty of care in much(prenominal) circumstances, especially where a defendant mogul otherwise be subjected to financial obligation of an indeterminate finis; such considerations â€Å"allow the courts to weigh competing considerations of legal policy to determine whether, despite proof of f oreseeability and neighbourhood, a duty should not be imposed” (Pentony, Graw, Lennard and Parker, 2003, p. 374). *\r\n* â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€- Specific interlingual rendition from the Understanding Business Law (2008) text * â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€- Chapter 22, divide 22.22 through 22.29 discusses the coetaneous approach in detail. *\r\n* formerly the facts of the case support the finding that the Defendant owed the Plaintiff a duty of care when doing the alleged negligent act, it does not automatically lead to an award of restoration, as the plaintiff must still prove the other essentials: *\r\n(i) the defendant was in breach of the ideal of Care (refer second Essential downstairs) (ii) there was a able club in Law (refer 3rd Essential, tantalise 4)\r\nDuty of Care for Negligent Advice\r\nThere are clear differences between negligent words and neglig ent acts. According to Chief Justice Gibbs in Shaddock and Associates v. Parramatta City Council (1981) 150 CLR 225, there are three key points of departure, summarized as follows. First, negligent words cannot cause loss by themselves †they cause loss sole(prenominal) because persons act on them in reliance. Second, it is not unwonted for people in social or lax contexts to make statements less carefully than if they were giving advice in business or professionally. Last, words may foreseeability receive such a coverage or circulation that the lotion of Donoghue v. Stevenson (i.e. neighbourhood) might lead to many claims for large metres of damages. Accordingly, the High Court in Shaddock developed the next test involving the sideline three questions, all of which must be answered in the affirmative for a duty of care to exist:\r\n1. Was the advice given on a serious matter?\r\n2. Did the speaker documentaryise, or ought he to have realised, that his advice would be ac ted upon? 2. Was it reasonable for the recipient to act on the advice?\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary version †Understanding Business Law (2008) text, pages 729-730 â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nShaddock and Associates v. Parramatta City Council (1981) 150 CLR 225\r\nOnce the facts of the case support the Shaddock tests, it can be concluded that the adviser owed the plaintiff a duty of care. However, such a finding does not automatically lead to an award of damages, as the plaintiff must still prove the other essentials:\r\n(i) the defendant was in breach of the Standard of Care (refer 2nd Essential below) (ii) there was a Sufficient Connection in Law (refer 3rd Essential, talk 4).\r\n* come apart OF STANDARD OF CARE\r\nGiven that a duty of care is owed, then how much care has to be exercised? The defendant has to take reasonable care, that is, to act as a reasonable person would have in the circumstances. The ‘reasonable person’ is not a real person †merely a hypothetical benchmark or device used by the courts, and is deemed to have the following attributes:\r\n1. Intelligence\r\nThere is a trust of sightly intelligence. If a defendant has above fair intelligence, this person is not judged according to above average intelligence. On the other hand, if a person has below average intelligence, this person is judged according to the same banal †the standard for a person of average intelligence.\r\n2. association and Skill\r\nThere is a presumption of a certain level of fellowship and achievement that can reasonably be expected of persons in the position, duty, qualifications or profession of the defendant. The defendant’s actual fellowship and skill are generally irrelevant, as the presumed amount depends on the qualifications the person possesses. For example, drivers must have the skill of a competent driver, and people in a trade, profession or business are mensural by standards of knowledge and skill which one can reasonably expect in the trade, profession or business. These standards are set by objectively analysed confederacy standards and not the prevailing standards of the particular profession which may have lagged behind perceived community standards.\r\nIf a person holds out that they have special knowledge or skill not normally associated with the trade, business or profession, then that person will be judged on the basis that he does have these A-one standards. However, if people who have additional expertise do not hold themselves out as having such additional expertise, then they will only be judged by the standards applicable to the trade, business or profession they are practising. There are some exceptions, including minors, who are judged against normal children of the same age. *\r\n* Guidelines as to Breach of Standard of Care The Courts have dev eloped various signposts which may be relevant and useful in find a breach in the standard of care in the circumstances:\r\n* The Probability of Harm\r\n* The serious-mindedness of Possible blemish\r\n* The Costs and Opportunities of reducing or avoiding the try * The\r\nValue of the Defendant’s organise\r\n* Conformity with Established Standards\r\n*\r\n* The Probability of Harm\r\nThe guideline establishes that the great the prospect of defile, the greater the amount of care which has to be taken. That is, the greater the encounter of some kind of harmful injury or loss occurring in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the prospect of a breach if such reasonable care is not exercised. *\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary reading †Understanding Business Law (2008) text, page 709 â€â€â €â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nBolton v mark [1951] AC 850\r\n*\r\n* The Seriousness of Possible Injury\r\nThe guideline establishes that the more serious the possible consequences of injury, the greater the degree of care which has to be shown. That is, the greater the likelihood that some serious injury will turn in the circumstances, the greater the standard of care that would be shown by a reasonable person in their actions and consequently, the greater the probability of a breach if such reasonable care is not exercised. *\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary reading †Understanding Business Law (2008) text, page 708 â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\n capital of France v Stepney Borough Council [1951] AC 367\r\n*\r\n* The Cost and Opportunities of cut back/Avoiding the Risk\r\nThe guideline establishes that when foll ow and difficulty of avoiding adventure is great and the actual risk is small, then there is less likelihood of a breach, and vice versa. That is, if the cost and difficulty of avoiding the risk is small and the actual risk is great, then there is a greater likelihood of a breach if remedial action is not taken.\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary reading †Understanding Business Law (2003) text, page 381 â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nLatimer v AEC Ltd [1953] AC 643 ( slit 16.40)\r\n*\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary reading †Understanding Business Law (2008) text, page 712 â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nHaley v London electricity board [1965] AC 778\r\n*\r\n* The Value of the Defendant’s accept\r\nThe guideline establishes t hat the less the social or stinting value of the defendant’s conduct the greater the likelihood of a breach in the standard of care and vice versa. This of course does not mean that providers of essential services can be careless. The guideline arguably imposes a public policy attribute on the standard of care issue.\r\n* Conformity with established standards\r\nConformity with established standards in any trade or profession is important evidence that reasonable care exercised, and vice versa.\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary reading †Understanding Business Law (2008) text, page 714 â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nDerrick v Cheung (2001) 181 ALR 301\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nCase Summary reading †Understanding Business Law (2008) text, page 715 ( department 22.46) Mercer v Commissioner for Road channelize and Tramways (NSW) (1937) 56 CLR 580\r\nThe standard of care is set by reference to objectively assessed community values. Indeed, just because a defendant follows common practice does not needfully show that he is not negligent as a common practice may be shown by evidence to be itself negligent. *\r\n* â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€- tapeing for this lecture from the Understanding Business Law text * â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€- Read Chapter 22, regions 22.1 through 22.47.; sections 22.67 through 22.74 *\r\n*\r\n*\r\nSelf test exercises †Lecture 3\r\nMultiple choice questions\r\n1. Which of the following is square(a) of torts?\r\na) includes any civil wrong\r\nb) has an award of damages as the legal remedy\r\nc) does include breaches of contract\r\nd) all of the above\r\ne) both (b) and (c) above\r\n2. Which of the following is not relevant in establ ishing Negligence? a) there was a contractual agreement between the plaintiff and the defendant\r\nb) the defendant failed to show the require standard of care\r\nc) the defendant owed the plaintiff a duty of care\r\nd) the defendant intended to harm the plaintiff\r\ne) both (a) and (d) above\r\n3. The twin tests of reasonable foreseeability and proximity have historically been used to establish a) whether or not a breach in the required extent of care has arisen b) a duty of care for negligent actions\r\nc) that the damage suffered by the plaintiff was not too remote d) the defendant’s liability for damages in tort generally e) none of the above\r\n4. Which of the following is relevant to the contemporary approach to establishing a Duty of Care for negligent conduct? a) determine whether or not a reasonably foreseeable risk of injury existed b) determine whether or not the case before the court is analogous to previous cases in which a duty of care has been found to exist c ) determine whether a sufficiently close ‘neighbourhood’ relationship exists to justify a duty of care d) determine whether or not policy considerations exist which may work against the finding of a duty of care e) all of the above\r\n5. In which of the following is Donoghue v Stevenson [1932] most associated in this unit? a) value of the defendant’s conduct\r\nb) remoteness of loss\r\nc) causation\r\nd) duty of care for negligent acts\r\ne) contributory negligence\r\n6. Under the contemporary approach to establishing a Duty of Care, which of the following relationships would promising give rise to a duty of care? a) Alan, an employer and Bob, an employee of Alan\r\nb) Echo, a driver of a motor vehicle, and Foxtrot, another(prenominal) road user c) Alpha, a doctor, and Bravo, his patient\r\nd) Maker, a manufacturer, and User, a consumer of his products e) all of the above\r\n7. Which of the following is a requirement for establishing duty of care in negligent ad vice from Shaddock v Parramatta City Council (1981)? a) the\r\nadvice must be true and correct\r\nb) it was reasonable for the recipient to act on the advice b) the speaker realised or should have realised that the recipient would act on the advice c) the recipient paid for the advice\r\ne) both (b) and (c)\r\n8. In relation to an action in Negligence, how much care must the defendant have shown in the circumstances to avoid breaching the required standard of care? a) the amount of care a reasonable person would have shown\r\nb) the amount of care the plaintiff would himself have shown c) the amount of care the defendant actually showed\r\nd) the amount of care an ordinary person standing nearby would have shown e) the amount of care a lawyer would have shown in the circumstances\r\n9. In which of the following is Haley v London Electricity Board [1965] most associated in this unit? a) probability of harm\r\nb) seriousness of possible injury\r\nc) be and opportunities of avoiding t he risk\r\nd) value of the defendant’s conduct\r\ne) compliance with established standards\r\n10. In which of the following is Paris v Stepney Borough Council [1951] most associated in this unit? a) probability of harm\r\nb) seriousness of possible injury\r\nc) cost and opportunities of avoiding the risk\r\nd) value of the defendant’s conduct\r\ne) pact with established standards\r\n11. In which of the following is Derrick v Cheung (2001) most associated in this unit? a) probability of harm\r\nb) seriousness of possible injury\r\nc) costs and opportunities of avoiding the risk\r\nd) value of the defendant’s conduct\r\ne) conformity with established standards\r\n12. In which of the following is Bolton v Stone [1951] most associated in this unit? a) probability of harm\r\nb) seriousness of possible injury\r\nc) costs and opportunities of avoiding the risk\r\nd) value of the defendant’s conduct\r\ne) conformity with established standards\r\n*\r\n*\r\n*\r\n * Short Answer promontorys *\r\n* Question 1\r\nIn a negligence case, name and describe one (1) guideline which the court may use to determine whether the required standard of care has been met.\r\nQuestion 2\r\nBriefly explain the significance of the decision in Donoghue v. Stevenson.\r\nQuestion 3\r\nIn the tort of negligent advice, how does the law determine whether the defendant owed the plaintiff a duty of care?\r\nQuestion 4\r\nWho or what is a ‘reasonable person’?\r\nLAW1100D\r\ntutorial 3\r\nQuestion 1\r\nThe WA sevens passes legislation and an industry body is concerned about the adaptation and application of a particular section which states:\r\nâ€Å"no person shall sell or proffer to sell an worthless weapon in a shop.”\r\nUnfortunately, there is no definition of the term ‘offensive weapon’ in the legislation. The industry body’s concern about the possible application of the Act to quaternity of its members (a supermarket, a hobby shop, a cocoa shop proprietor and an antiques shop owner) centres around four possible scenarios:\r\n(i) Would the section gain to a supermarket which gives away a free steak knife for every grease ones palms of goods over $100? (ii) Would the section apply to a hobby shop which sells a plastic miniature gun for $20 to a customer? (iii) Would the section apply to a coffee shop in which a customer drinking coffee at a table also sells a flick-knife for $15 to another customer? (iv) Would the section apply to an antique shop which sells a Napoleonic gymnastic horse sword to a collector for $25,000?\r\nWhat is the likely reading of the statute for each of these scenarios? Use the rules of statutory rendition to support your answer.\r\nQuestion 2\r\nA section of an Act provides as follows:\r\nâ€Å"Where a mortgagee sells land to recover the amount of a loan right on the security of the land and the sales events agreement of the land provides more than the balance of the mortgage, the balance after sale shall go to the person entitled to the property.”\r\n mark owe his land to ABC Bank in make for a loan of $200,000. Mark is unable to hark back the loan, and the ABC Bank (which was given the power of sale by the mortgage document) sold the land to Fred for $250,000. utilise the rules of statutory interpretation, which party gets the balance of $50,000 †is it ABC Bank, Mark or Fred?\r\nQuestion 3\r\nâ€Å"We are told that law is a set of rules that is ultimately enforced in the Courts. One source of law is statute law. To enforce a rule in a statute, the substance of it must be understood. To understand the meaning, the words of the rule must be interpreted. If we are to have authorisation in the law, this interpretation must be ordered case after case.”\r\nReflect on the above statement, and then describe the aids to interpretation provided by the Parliament and the common law statutory interpretation rules used by the Court s. In your answer, discuss whether or not you think these aids to interpretation and rules are sufficient to ensure the consistent interpretation of statutes.\r\n'

Sunday, December 16, 2018

'Nature and Thrust of Public Policy Essay\r'

' popular polity wordses a legion of douses like housing, transportation, education, health, social services, among others. It creates orderly structures and standards, and a sensation of direction. It may likewise be used to look up what is actually done even though it is unplanned, and stock-still sometimes it attends to semipolitical questions and even the personal egression or controversy of a political. In reservation public polity, there are three components: the problem, the players, and the insurance itself. A problem is a particular catch that often requires specific resolution. The players refer to the actors or multitude of actors that design specific formula to tackle the issue at hand, while indemnity is the finished programme of action ready for implementation.\r\nBuilding Public indemnity\r\nPublic policy starts with the find of the problem in which private sectors may bring to government which bequeath then come to the attention of the legislative de partment. The relative or the legislative department will be the one to lick appropriate policy for the de bournine problem. The policymaking procedure r arises within several factors, which trigger docket initiation, government formulation and implementation.\r\nDefining Public insurance\r\nPublic policy was defined by blot as â€Å"any(prenominal) governments choose to do or not to do.”However, another political analyst, Roskins modified this explanation in this wise: public policy is â€Å"whatever the government does to do or not to do.” Policy, in general, is a course of action or a serial publication of program adopted by a group or a person or a government in view to address or respond to existing issues or concerns. The term public is associated to a government I power. Public policy then is an action taken by the government to meet a particular requisite growing out of the society.\r\nPublic Policy compendium\r\nPublic policy is the study of how poli tical policies are made and implemented, and the application of available knowledge to governmental\r\npolicies for improving their formulation and implementation. Policymaking Process\r\nPolicymaking is a process in two aspects. First, it involves a linked series of actions or events. This commences with the germination of ideas and the initiations of proposals, continues with some form of debates, analysis, and valuation; and concludes with the making of formal decisions and their implementation through designated actions. Second, it is a process in the sense that distinguishes the ‘how’ of the government from the ‘what’ of government. Policymaking process has four stages namely:\r\nPolicy initiation process, policy formulation process, policy implementation process and policy evaluation process. Policy Initiation/Agenda compass The first question to ask here is: â€Å"Where does policy come from? How do policy agenda fall out?” Initiation is th e primary stage of policy agenda that resulted from an issue regarded to come out as a problem if not attended to appropriately. Agenda shot is the process by which ideas or issues bubble up through the various political channels to envelop up for consideration by a political institution such a legislator or court.\r\nAnthony Downs attempts to justify the way in which many policy problems evolve on the political agenda. Downs in Shafritz (2009) said that the wheel around consists of five steps: 1. The pre-problem stage;\r\n2. Alarmed discovery and euphoric enthusiasm;\r\n3. Recognition of the costs of trade;\r\n4. Decline of public interest: and\r\n5. The post-problem stage\r\n'

Saturday, December 15, 2018

'Plato and Nietzsche on Authority Essay\r'

'Nietzsche and Plato f solely in umteen analogousities in their backchat of authoritiesal philosophy. twain dis compar satisfactory and hold scorn for nation, and twain(prenominal) favour a meritocrati turn toy chosen elite holding space. There argon in time m what eer(prenominal) a(prenominal) analogousities among the characteristics that they require in the convention. However, at that place ar differences excessively. Nietzsche doesn’t outline a strict surmise of permit, as Plato does. His g whole overnmental ‘ establishment’, although it hardly is, could be interpreted, and has been, in m any(prenominal) different modalitys. And, although two of them conjecture that they hurl skilfulified their em business attractionment, thither decl ar been somewhat(prenominal) discussions on to whether they atomic flesh 18, and in what companionship they would be relevant. These discussions be perhaps at the core of finding the pic k out differences and usable elements of their philosophies.\r\nThe touch of warrant burn be discussed in two principal(prenominal) smacks. For angiotensin-converting enzyme, it can be used to discuss a mortal or group’s flop to rule. The other is when you blither of some unity being an role on a affair. Both of these acquire the supremacy of in the flesh(predicate) sentiment to that of a nonher and close governmental theorists would consider this subordination to be binding. One of the main bothers is if you should surrender your stimulate personal discretion independent of the content of the government agency’s ideas †both Nietzsche and Plato would say that genius should, as their draws are both an authority on a topic and collapse the right to rule. When authority come ups from k without delayledge, it doesn’t of necessity signify that the authority has causality, for modelling as in a teacher stressful to control a signif ier at a school. However, in government activity, an effective authority must be allied to power.\r\nIf the authority is recognised, thusly it is de facto authority. If it is proficientified, thence it is de jure authority, and most de facto authorities claim that they are both de facto and de jure. Plato and Nietzsche both deal for a de facto authority (sensibly †who call fors to impose an authority that is ignored?) and they both outline what they conceive to be justification for this authority. This justification is at the centre of a great deal of political philosophy, as it is of the essence(predicate) to discover if the justification works. self-assurance differs, so, from justified power, as justified power in itself does non involve subordination of perspicaciousness †if they’re non recognised, then they can non require that multitude follow their rule.\r\nLegitimacy is in addition an come. In a democratic terra firma, electoral fraud would go on to a leader being illegitimate: there is withal no guaranteed authority to pr til nowt electoral fraud. However, as Nietzsche and Plato are both anti- nation, illegitimacy this elbow room would on the face of it be an issue. However, if either of their desired leaders were to ‘ catch power’ (either by force or just accidentally falling into power), there would be definite issues with raft who didn’t believe their justification. In this case, their authority could be considered illegitimate.\r\nPlato, especially in nation, gives epistemology and metaphysics substantial roles in political philosophy. In Plato’s ideally just city, philosophers would gain power, or, at the really least, rulers would bedevil to shackle ‘sincerely and adequately’ in philosophy. Plato also suggests a rigorous training program for his philosopher-kings †they must wee-wee their emotions properly trained. Would this insufficiency of emotion make for a safe(p) authority? Many would say that you cannot be emotional most your leadership because then your judgement would be swayed by as well legion(predicate) immanent factors. However, the impressionion of a leader without emotion is oddly daunting †how would they know what would affect the universe of discourse, and more than brandificantly how? Emotions are an alpha expose of homosexual carriage, and a great leader would exact to extrapolate (and this would commonly be best understood by impression the emotions angiotensin-converting enzymeself) merciful life to be effective. Plato argues that this would come from fellowship of the socio-economic classs, the undefiled example of something †there is one for all(prenominal) notion that exists on earth. The put to work of tables, the Form of emotions, or so far the Form of drinks are all give tongue to to exist.\r\nThe meticulous training capture ins imparting knowledge roughly these forms and prepares the mind for this plagi approach fantasy by purely training the rulers in mathematics. The philosopher’s knowledge of the Forms would include knowledge of the Form of Good, which is the ‘keystone of the system’, and therefore is essential for order. If one takes the Forms to be a veritable (or even just sureistic) idea then it is advised for a leader to experience what the received notion of pricy is. If one knows ‘good’ then one can use this mould to create a ‘good system’, which is surely more corporate trustworthy than basing it on inhering ideas. The Forms are handle a righteousness, which makes Plato’s system almost a theocracy (unlike the authority of Nietzsche) †and this has been employ as a political system before.\r\nIn the past, however, the great unwashed contrive become displease with the godliness that they are ‘ squeeze’ to sum with. ungodliness is becoming more and more accepted than before, as many overbold scientific discoveries render paragon little and less plausible, and as Nietzsche would put it, less useful as a concept. All this taken into account means that knowledge of the Forms probably wouldn’t be useful for an authority (especially in a new-made era), entirely it is not unavoidably a unhealthful idea for an authority figure to be well versed in philosophy. Philosophy introduces abbreviation thought (like Plato suggested) and calls for knowledge in logic. Abstract thought is useful when trying to find theories that fit with the real world †where would physics and chemistry be without abstract thought concerning the atom?\r\nAnother key doubtfulness on the subject of religion was raised by Nietzsche. Is there anything that can be taken from religion, even if one wasn’t to be imposing religion onto a arouse, as Plato does? Nietzsche believes that, although religion in itself is too haughty and divinit y is useless as a concept, the passion behind religion is admirable, and would be one of the key characteristics of his ‘new philosophers’. Nietzsche’s ‘new philosopher’, as opposed to the more traditional concept of Plato, would be more like a contemporary operative than a contemporary philosopher. They would not even necessarily be searching for the truth.\r\nThese ‘new philosophers’ are the superman †and coupled with this ‘think outside the box’ attitude, they curb a rugged Will to Power, which makes them the perfect leader. They starve solitude, when independence is not necessary or usually preferred, which Nietzsche says is an example of exercising the result to power over oneself †he also calls it a ‘privilege of the strong’. Plato agrees, and says that the ‘philosopher follows truth alone’. These new philosopher ‘overmen’ don’t follow the rules that are cu rrently put in place by Christianity and ‘slave honorableity’ like ‘self-sacrifice for one’s neighbour’ and ‘ denial’. Similarly to Plato’s philosopher kings, these daemon/new philosophers are uncommitted to anyone or anything, and they are not dis mayed to collapse the boundaries currently put in place by political authorities.\r\nâ€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€â€-\r\nOf course, these philosophers that are in power must be significantly different from those that we call ‘philosophers’ today. Nietzsche says that ‘ all(prenominal) great philosophy so cold has been just the personal confession of its author’ †intend that philosophy is subjective and just lasciviousd and what you urgency to believe and think. Here, social class, education, religion, p arents and friends all play a part in what you write d possess as your philosophy. As previously mentioned, Nietzsche wants to use mint who a part with thinkers, someone that yearns to be ‘set forgo from the crowd’. Plato agrees when Adeimantus says that ‘people who study philosophy too long become weird, roguish creatures, useless to society’ †philosophers aren’t currently as useful to government as they should be, according to both theories of authority.\r\nThere are other examples of when a more metaphysical concept has been experienceed by an authority. Religious people a great deal hold divinity fudge (rather than the Forms or the put out thinkers of Nietzsche) as the ultimate authority, and although we have discussed briefly the problems with making this the jurisprudence of a state (as in theocracy), this spectral government may not be a bad idea. For example, if those with authority look to deity for advice on political matter s, it gives them a chance to think astir(predicate) and ‘ turn around information’ (either from God, or just now thinking it done in prayer, or even through the honorable philosophy in religious scripture †this maken’t be a discussion of religious philosophy) about what may be the better decision. Obviously, if we take the Forms to be unseasonable (as most people do), then God would be the ultimate good, which means that those that ‘understand God’ would have to hold the power, rather than philosophers.\r\nOf course, there has to be a line drawn in the midst of looking to God (or another spiritual being) for advice and forcing views on other people. Plato would argue that the people don’t know what is good for them, and so should trust whatever the authority says, plainly this isn’t a realistic idea for people of today, who have fought for free speech for centuries. Nietzsche would both agree and disaccord with this. He w ould agree in that the Ubermensch are the only ones that can be rattling rulers, and that the vast majority of people don’t know what’s good for them. However, he wouldn’t necessarily say that this was a bad thing, as if slaves are happy being slaves, then they have less of the Will to Power and therefore do (in a sense) know what’s good for themselves personally.\r\nOf course, even if we convert Plato’s possibility on Authority to be based around any religious ideals then it is still an lean against democracy in that if an Authority must have something to be a ‘good’ ruler, there is no argue in asking the untrained masses to ballot for a ‘good’ ruler. They wouldn’t, presumably, be able to understand the Forms, or God, sufficiently enough to choose an Authority (or even understand that there could be an Authority) that would do the theorise to Plato’s standards.\r\nAnother Plato’s philosopher king s rely on their knowledge of the Forms to provide their object lesson label, which is then implemented upon the Republic. The Form of the Good provides the perfect moral canon upon which to base the real (material) moral code. This is one of the main reasons wherefore Plato requires his rulers to have philosophical knowledge †they need to know the moral code upon which to base their own. Nietzsche, on the other hand, believes that e verything is subjective, based on experience and perspective of the individual. This means that his philosopher supermen don’t need to implement a moral code; their only morals are the impart to power.\r\nEven if this faces like a good idea within the context of Plato’s Republic, this Authority wouldn’t make sense in today’s politics. For example, there are many various types of religion, and within those religions, thousands of sub-sets. This means that, even without employ the Forms, that this theocracy idea c ouldn’t be imposed without some force (the implications of which will be discussed later). Secondly, exploitation one type of morality based on dogmatic principles wouldn’t hold sway for a similar reason †there would be complaints (or even uprisings) about the lack of libertys this gives. These are practical reasons for the change not to take place.\r\nHowever, there are implications even if this were to be used in an ideal society (where all good ideas based upon an interchangeable ultimate pry would be easily implemented with consequences). It’s not ideal, from many standstills, to force everyone to hold the same viewpoint (although Plato would argue that there is only one true viewpoint) and Nietzsche’s subjectivism would agree. Human nature would be indulged in an ideal world, if happiness was the ultimate value, and this calls for freedom to be a central concept of any Authority.\r\n emancipation to vote, to those in the UK, seems to be a bas ic human right with few restrictions. This means that democracy would seem to be part of an ideal society in pursuit of happiness. There are good reasons for this †we all have subjective vistas (as Nietzsche rightly said) and these need to be reflected in the way we are governed by an authority. For example, in most other situations, we would consult someone who we believe to be an ‘authority’ on a subject. If we are ill, we talk to a doctor. If we want to dine out, we will consult a restaurant critic. Therefore, it seems sensible to sidetrack governmental decisions to those with political knowledge. However, the teaching of medicine is universally taught in a similar (if not identical) way †there is little room for a subjective opinion.\r\nThe more subjective something is, the less we can trust it. The restaurant critic, for example, will sway our views either way, still it probably won’t be the terminal judgment. The reason it will still sway us i s that there is still ‘good’ and ‘bad’ food. Politics, however, is different. Everything in politics is exculpately dependant on moral views, upbringing, teaching, the media and even the way your brain works. We cannot trust teachers of politics to be completely impartial when teaching the political theories. Teachers of religious studies are usually biased towards Christianity in this country, and politics teachers would probably be the same. People wouldn’t be happy with simply ‘going on with’ what the politicians say †that’s why people have died for democracy. Everyone has different views, and democracy is the best way to bear all (or most) of these when creating a government.\r\nThere is, however, a problem with the amount of democracy to concede. The current system in the United Kingdom is for people to vote in a representative that they trust to make similar decisions to those that they would choose. Of course, the representative cannot be trusted to have scarcely the same views, and therefore, should the vote be more consecrate? If people were allowed to vote on any topic that interests them, what would befall? The government may be forced to ban petrol cars.\r\nThe main question is, is it rattling democratic once elected? The system in the UK is not fully democratic. Plato would argue that the only way for a government to make sincerely ‘right’ decisions (and therefore decisions that the public would have to agree with †there’s nothing to disagree with if something is ‘right) is for them to know ‘good’ †be trained in abstract thought and philosophy. So democracy, to be worthwhile, perhaps needs to be more democratic, or Plato and Nietzsche have the right idea.\r\nJeremy Bentham magnificently comraded utilitarianism with democracy †he believed that one vote per person would lead the ‘the greatest good for the greatest numberâ₠¬â„¢. This is because human nature naturally tends to lead us towards pleasure, as opposed to pain. And, because everyone has this same desire towards pleasure, democracy would effectively allow all of us to vote for pleasure, so to speak. This seems like a more operable idea than relying on someone who, although in theory ‘doesn’t have personal interests’, probably would be biased. Humans do tend to avoid pain, so an open vote would lead us external from pain.\r\nChange Nietzsche quotes on ascesis!\r\nAnother important feature that both Nietzsche and Plato mention in their political philosophy is nonindulgence. Nietzsche mentions that the tests of self-deprivation that (Christians mostly) pervade Western society are bad †â€Å"wherever religious neurosis has appeared on earth, we find it tied up with three spartan dietary rules: isolation, fasting, and sexual abstinence”. However, further on in Beyond Good and Evil, he plainly changes his mind. He advocators â€Å"appropriating, injuring, overpowering those who are foreign and weaker; oppression, harshness, forcing one’s own forms on others, incorporation, and at the very least, at the very mildest, exploitation” which would surely cannonball along torment, especially when considered with a modern mind. He then goes on to say in 270 that â€Å"Profound suffering ennobles; it separates.” Even earlier on, in 40, he says that â€Å"everything duncish loves a mask” †surely a sign of internal suffering is being hidden? Presumably, ‘ tardily’ is a good thing, as his description of his ‘new philosophers’ necessitates that they are ‘deep’ creatures.\r\nPlato, on the other hand, systematically advocates an ascetic lifestyle, especially when he is discussing his people in authority. They do not care for pleasures of this world: those of frame or money. We can apply the same thoughts to asceticism as we can to Plato’s philosopher without emotion. If a leader doesn’t care for pleasures of this world, then surely they cannot really understand the pleasures of this world †whether they are philosophers or not. If the authority was supposed to be similar to a Christian God, then it would be omnipotent, and therefore know and understand everything a priori. However, neither Plato nor Nietzsche advocates a Christian God as the best authority †and neither of them suggests that the leader would be omnipotent. Therefore, it would make sense to disagree with asceticism on the grounds that it would cause the perfect leader to have a lack of understanding about typical human pleasures.\r\nIt will be translucent by now that Nietzsche (and Plato, to an extent) advocates an oligarchy (albeit meritocratic) †both place belittled groups of people in charge of the general public. They both have similar attitudes towards democracy, as well. Plato dismisses democracy †he thinks that ‘liberty’ (557b) and comparability (558c) lead to a break down of all the essential characteristics of a philosopher-king. obviously the very existence of a ruling class of philosopher kings is controversial to the central themes of democracy. ‘liberty’ leads to a lack of self-discipline. He doesn’t believe in ‘equality’ as some humans are superior. Nietzsche has a similar idea †he mentions that â€Å"Every sweetening in the type â€Å"man” up to this point has been the work of an dismal society”, which specifys that he believes that an ‘aristocratic’ society will further man’s development.\r\nAlthough Plato seems to advocate a meritocratic oligarchy (although he wouldn’t admit it), he doesn’t recommend that his body politic be based around money (also know as a plutocracy) where a small group of rich people, similar to an aristocracy, rule the demoralise classes. T his would lead to an economic inequality between classes, which would create an surround which leads to and breeds beggars and thieves. It could also lead to a revolution between the rich and the poor. Another argument against plutocracies occurs in chapter VIII, Socrates says that wealth doesn’t allow a pilot to journey a ship, so wealth wouldn’t allow an authority to rule a republic.\r\nMoney seems to be a key problem with many theories of authority. It is much said that money corrupts people, so it could be argued that in any governmental system where the authority gets remunerative or is chosen because of its wealth would be corrupt. However, it is not practical to impose this †most people associate power with money either subconsciously or consciously. The authority, even if chosen democratically, would want some support for having to rule a country, and money is the usual and probably most desired reward.\r\nIn ‘The Prince’, Machiavelli jus tified using force to gain and retain political power, and it, therefore, justifies any actions simply done to gain power. This may, of course, have influenced Nietzsche, who also advocates gaining power by force. In 257, he mentions that every ‘noble’ (not in the typical sense) civicisation has descended from ‘barbarians’, and that any decent (and therefore aristocratic) society ‘requires slavery’. Plato agrees with this, he says that the ‘most majestic society and man’ is ‘ dictatorship and the tyrant’.\r\nAlthough there are sections in The Republic where Plato seems to advocate violence, such as 465 where he says ‘Arguments can be settled with fists, there and then, as they arise’, when he discusses his perfect State he seems to believe that it will just come into being. For example, in 502, he mentions that the only way it could come about by a philosopher ‘wiping the slate of human habits and so ciety wipe’. This could, obviously, mean the annihilation of the human race, still it seems to mean just cleansing the mind of incorrect ideas. He then acknowledges that putting it ‘into practice would be exhausting’ †which it wouldn’t, if they just forced people into obeying, which makes it seem like he hopes that one day, it will happen, but he is not going to force it.\r\nMore examples of this anti-force opinion occur when he is discussing the types of government that he is against †timarchy, oligarchy, democracy and tyranny. He explains that oligarchy and tyranny can only come about by using force †‘ confidential wealth’ means that people feel that they have the right to ‘keep the populace down by force’. Democracy, he believes, causes excessive liberty, which then causes its own downfall. From this comes a tyrant, who ‘is not afraid of murder’ and ‘stirs up war’. Another point he ma kes is that ‘it is simply never right to harm anyone at any time’ †which obviously is a specific way of showing his feelings on violence and this would apply to winning a country or state by force.\r\nOf course, this helps to illustrate a key difference between power and authority. For example, we all have in us the physical strength to murder (although, obviously, we don’t usually have the mental state to want to do it) and this is power in one sense †just like a dictator violent death thousands of people because he can. However, an authority differs from this in that it would be classed as capital punishment. So what is the difference? wherefore does an authority have the right and others do not?\r\nIf an authority is de jure (with justification) †although it may be difficult for some to think when murder would be justified †then all its actions could be seen as justified by proxy, as if an authority is justified, the decisions they make would be in some way related to the reason they are in power. For example, Plato justifies his philosopher-kings by saying that they are the only ones who can have true knowledge of the forms, and, if this is true, then they know the Form of Good. So, if they murdered someone, then it would be based upon something they’ve seen in the innate Form of Good.\r\nThe residuum between freedom and authority comes into question when discussing issues like the above. Even though the authority may be justified on its own terms, it may not be necessarily right. Using Plato as an example again, the theory of the Forms is now commonly thought to be incorrect, and people wouldn’t accept that as a reason to allow capital punishment. Even if there was a truly irrefutable source of justification, people will unceasingly have differing views, especially on such an important topic. So how does an authority find the perfect balance between power and authority?\r\nAuthoritarianism is a s ocial theory popular with dictators and the like. It supports, at the undemocratic end of the spectrum, the total subjection of personal opinions (usually through oppression) and enforcing strict control upon those that live in the state. It often involves what many political philosophies would see as an corroding of civil rights and freedoms †lack of a private life and suppression of religious beliefs, for example. Obviously, there are differing degrees of dictatorship and even the most democratic and liberal state must exercise its authority upon those within the state, but finding the right balance is important.\r\nBoth Nietzsche and Plato advocate the subordination of those under the command of the philosophers, which means that their theories would be less easily accepted today than they would have been in the past. As previously mentioned, people have fought (and still are, particularly from the 20th century until today) for their civil rights and this includes their f reedom, which means that an authoritarian government, like those advocated by Nietzsche and Plato, would be more difficult to impose today than ever before.\r\nThis calls into question obedience to the state. The more democratic the state, the more free speech and dissent is usually allowed. However, as neither Plato nor Nietzsche advocate democracy, it is required to understand when noncompliance would be allowed. Of course, both would say that their state would be obedient at all times, but this is unrealistic. In a theocracy, the state executes the right of God. In Plato, God can be easily exchanged for ‘The Forms’.\r\nHowever, what would happen if people were to disagree with Plato’s theory, as many do? Would they be justified in rupture the justice of something that they don’t believe in? A true authority would mean that the righteousness would either be unbreakable morally or that their authority was so powerful that people could not, or would n ot, break the law. However, as has been seen, it is difficult to see where Plato or Nietzsche’s arguments would lead to such an authority. Although disobedience of the law is obviously illegal, sometimes mass disobedience, in the UK at least, can lead to a change of law. Plato would disagree that this is even accomplishable.\r\nIf duty to the State is accepted, it is still possible to find examples when the law can be disobeyed. As the duty of the state is to protect the people (and, for my example, this includes their freedom), state infringement of this freedom could cause the person involve to break the law to retrieve their liberty.\r\nAnother issue arises (in the case of democratic government and perhaps in Nietzsche’s subjective government) in that if the majority part enforces a law, should the minority who didn’t vote be forced to follow it? It wasn’t their choice for that law to be enforced. Of course, with major things that infringe on human ri ghts, like murder and domestic violence, should be universally enforced, but what about poll tax and position protection? If it was enforced by a government of authority that imposed itself, this could be an issue in that it is unfair to enforce laws that almost all of the population disagree with.\r\nIn some cases, it could be considered immoral, but Plato would disagree, as the Rulers are following the only moral code that exists. Plato’s philosopher kings rely on their knowledge of the Forms to provide their moral code, which is then implemented upon the republic. The Form of the Good provides the perfect moral code upon which to base the real (material) moral code. This is one of the main reasons why Plato requires his rulers to have philosophical knowledge †they need to know the moral code upon which to base their own. Nietzsche, however, believes that everything is subjective, based on experience and opinion of the individual. This means that his philosopher super men don’t need to implement a moral code; as previously mentioned, their only moral is the will to power.\r\nNietzsche never specifically argues for a government system like we have today. For example, he mentions that his free pot liquor should be in power, but also says that religion should be allowed for the common people. This shows, slightly patronisingly, that he is not expecting the ‘common’ people to understand the rulers (much like the lower classes today are note expected to understand politics) which is obviously a very sweeping judgement, and could be considered as harsh and pro-Big Brighter †in support of a tyrannical state. Although Nietzsche did support tyrant, he did appreciate the subjectivism of morals and opinion, and was not advocating forcing ones views upon others (unlike Hitler).\r\nHis lack of respect for democracy is not the only thing that calls into question modern government. He doesn’t even specify if there should be a (t otalitarian?) leader at all, merely that the free spirits would ‘hold power’ as such. His wonder of subjectivity means that a leader would not strictly work: all views are different, so no leader would be truly right. The free spirit seems merely to be an authority to show others with the will to power what they can achieve.\r\nConclusion\r\nBoth of these systems involve elements of the totalitarian about them. Plato seems to advocate both communism in monetary matters and lifestyle and the complete opposite when it comes to defining differences between peoples. He argues potently for different classes of people, like Nietzsche, and for an authority that is placed in power with no choice. It’s not as bad as it seems, if one agrees with the justification of the argument †however, it would be a long struggle for people to accept it. Nietzsche, on the other hand, has often been fault for inspiring Hitler (which is untrue, as Nietzsche despised racism and ant i-Semitism), and it is smooth to see why, as he advocates gaining authority by force, relishes in aristocratic barbarianism, and believes that there are ‘levels of people’.\r\nThis means that their theories on authority aren’t very practical, and neither de jure or de facto, particularly by modern standards. A preferable system, therefore, would be a commix of Plato’s equality for women, Nietzsche’s appreciation for the artistic nature, and … (include other philosophers). Of course, it’s unforeseeable to be able to find a perfect authority, one who is justified, true, moral and recognised. As Nietzsche said, all philosophy to date has been ‘personal confession’ †if this is true (which it seems likely to be), then there will never be a perfect authority, justified and recognised by all.\r\n'