Sunday, May 24, 2020
The Naturalists Of American Literature - 1087 Words
Jordan Wilson Cole Tracee Howell American Literature 4/9/2015 The Naturalists of American Literature Henry David Thoreau tests the ideas of Ralph Waldo Emerson by living at a place known as Walden Pond. Here at Walden Pond, Thoreau discovers that in a physical aspect, nature brings a deepness into our minds and into our souls. Oneââ¬â¢s imagination is uplifted, and this changes a personââ¬â¢s entire perspective of life. Both Thoreau and Emerson believed that nature forces people to not have to depend on others ideas. People are able to develop their own ideas in a more simplistic way. Natureââ¬â¢s ever-changing way continues the search for new explanations of human life. Ralph Waldo Emerson and Henry David Thoreau are considered to be two of theâ⬠¦show more contentâ⬠¦Here Emerson explains how people take from what their ancestors and others before them have said and do not think twice about trying new things for themselves. Emerson decides not to conform to the modern way of society, but instead to be an individual and find things out for himself. Thoreau takes this idea of life and puts it to test at Walden Pond where he lives alone almost completely off of the land. Thoreau had almost no resources from the civilized world and hardly ever communicated with anyone but nature itself. Thoreauââ¬â¢s idea at Walden Pond was for him to become more in tune with the natural world and to be able to create the literature that is known in the world today. In Emersonââ¬â¢s work ââ¬Å"Nature,â⬠Emerson believes that by being in a simple environment, a person is able to see things more in depth and in a more complex way. Emerson states, ââ¬Å "Standing on the bare ground- my head bathed by the blithe air and uplifted into space- all mean egotism vanishes. I become a transparent eyeball; I am nothing; I see all; the currents of the universal being circulate through me; I am part or particle of godâ⬠(1827-1828). Emersonââ¬â¢s thoughts are deeper, and his mind is open to any ideas that nature may bring his way. When simplicity of character and the sovereignty of ideas is broken up by the prevalence of secondary desires, the desires of riches, of pleasure, of power, and of praise,- and
Wednesday, May 13, 2020
The International Expansion Plan of the Avea in the Indian Market Free Essay Example, 2250 words
Technological aspects hold widespread implications on the business prospects of an organization. The nation has made enormous strides in the area of information technology and its universities churn out a large number of talented individuals every year that makes it among the most favoured destinations for investment. The major regulatory body for cosmetic industry in India is under the purview of the office of the drug control in India. The Drugs and Cosmetics Act 1940 and the Drug and Cosmetic Rules control the regulatory market for drugs and cosmetics in the Indian market. Necessary approval from local and state authorities is also required for foreign players (Emmeplus, 2008, p. 2). A hundred per cent FDI is allowed for cosmetic products to be sold in India (IBEF-a, n.d. , p. 12) The cosmetic industry in India is divided into facial, lipstick and talcum power products. The makeup products occupy a mammoth share in the market. The makeup based products market is being slated to be valued at approximately Rs. 20 million by 2012 that shows formidable opportunities. The per capita usage of cosmetics for branded cosmetic products in India is about 0.68 dollars in a market that is dominated by Hindustan Unilever and L Oreal (Emmeplus, 2008, p. 2, 8). We will write a custom essay sample on The International Expansion Plan of the Avea in the Indian Market or any topic specifically for you Only $17.96 $11.86/page
Wednesday, May 6, 2020
Research on Behaviorist versus Cognitive Theories of Learning Free Essays
What is larning? Are at that place different types of larning? What affects a pupils larning? Why do some learn otherwise than others? These are merely a few of the inquiries that pedagogues, parents, and pupils themselves have posed for centuries. It is without a uncertainty a really complicated subject. The writer of this paper attempts to relieve some of these inquiries by turn toing the differences between behavioural and societal acquisition theory along with the necessity of utilizing cognitive schemes to help in the acquisition procedure. We will write a custom essay sample on Research on Behaviorist versus Cognitive Theories of Learning or any similar topic only for you Order Now Name of Theorist Name of Theory Main Concepts Research Conducted Ivan Pavlov Authoritative conditioning Impersonal stimulations + innate stimulations = a erudite conditioned response ( Slavin, 2009 ) How it may look in a schoolroom: pupils should be given many chances to get the hang a undertaking before traveling on to another undertaking. For illustration, if they are larning to multiply individual digit math jobs, a pupil must get the hang this before traveling on to generation of two-digit jobs. Research was conducted in 3 phases Phase one: An innate stimulation ( US ) ( nutrient ) solicited an innate response ( UR ) from the Canis familiaris ( salivation ) ( Slavin, 2009 ) . This phase farther showed that a impersonal stimulation ( NS ) ( bell ) would arouse no response from the Canis familiaris. ( Slavin, 2009 ) Phase 2: A learned stimulation ( CS ) ( bell ) was paired with the Canis familiaris nutrient ( US ) which caused the Canis familiariss to salivate ( UR ) ( Slavin, 2009 ) . Phase 3: The Canis familiaris was trained to salivate ( CR, conditioned response ) at the sound of a bell tintinnabulation ( CS ) ( Slavin, 2009 ) . E. L. Thorndike Law of Effectss Favorable effects to behavior elicit request of this behaviour ( Slavin, 2005 ) Unfavorable effects similarly will ensue in the behaviour less likely being repeated ( Slavin, 2005 ) How it may look in a schoolroom: instructors should utilize real-life experiences to learn and link constructs for pupils. For illustration, life accomplishments pupils will larn the importance of money buy really take parting in buying things from peddling machines and shops. This can besides use to science constructs. Students can break connect with it through experiential activities ( Slavin, 2005 ) . Cats were placed in mystifier boxes ; on accident the cats learned how to get away ( Slavin, 2005 ) . After repeatedly acquiring out they learned that if they went through the mystifier boxes, they gained freedom ( Slavin, 2005 ) . B. F. Skinner Operant Conditioning Support of behavior = frequent repeat of this behaviour ( Slavin, 2009 ) Unrewarded ( punished ) behaviour = lessening in repeat of the behaviour ( Slavin, 2009 ) . How it may look in a schoolroom: pupils that are on clip to category receive category vaulting horses ; belated pupils do non. I have found that those pupils that receive the category bucks that they can pass on things like free clip, prep buyouts, and public toilet base on ballss, strive to gain more vaulting horses. Skinner boxes used to develop animate beings. The boxes consisted of a saloon that the animate beings had to press to distribute nutrient ( Slavin, 2009 ) . What are the differences between the behavioural acquisition theory and that of the societal acquisition theory? Which theory offers the best penetration into how underdeveloped kids larn? To find replies to these inquiries, the factors of behavioural larning theories must be weighed against those of societal larning theories. Behavior acquisition theories are centered on the thought that larning takes topographic point because of legion chances to see a peculiar event. This event is believed to for good alter the said behaviour. Behavioral theories fall under one of two classs: classical or answering conditioning and operant conditioning. The classical/respondent conditioning theory, as demonstrated and made celebrated by Pavlov ââ¬Ës experiment, believes the behaviours that we exhibit are one ââ¬Ës that are learned by tie ining one thing to another ( Cherry, 2005b ) . This thought of automatic conditioning was happened upon by Pavlov as he studied Canis familiaris ââ¬Ës digestion ( Cherry, 2005b ) . . Within his survey of how much a Canis familiaris salivated at the sight of assorted things, nutrient and non-food points, Pavlov and his helper noted the sum of spit that was produced ( Cherry, 2005b ) . . In making so they found that Canis familiariss automatically or reflexively responded to the point placed in forepart of them, nutrient or non-food, after being presented with them intermediately for some clip ( Cherry, 2005b ) . This response he believed was based on conditioning or automaticity, which made it strictly physiological ( Cherry, 2005b ) . . His thought of conditioning was extended to human cond itioning by James B. Watson ( Cherry, 2005b ) . . Watson and his associate Rosalie Rayner wanted to prove the theory of classical conditioning on worlds in respects to phobias, to see if they would arouse similar consequences. Watson ââ¬Ës experiment was based on a small male child name Albert ( Beck, 2001 ) . When Watson and Rayner, foremost met Albert he was non afraid of a white rat, after a short clip with them he was afraid of mice and other furred points ( Beck, 2001 ) . The experiment introduced a loud noise that startled the immature male child as he played with the rat. This sound scared the immature male child so much that he started to shout and later exhibit fright when he saw a rat or anything furred. This proved for them that Pavlov ââ¬Ës thought that an innate stimulation would do an innate response and eventually that this innate response paired with a learned stimulation would arouse a learned response, or a automatic action ( Beck, 2001 ) . They believed this made the Pavlovian theory of conditioning plausibl e and accurate for worlds every bit good. The operant conditioning theory of B.F. Skinner focuses on larning based on the behaviour and the effects of the behaviour. Skinner ââ¬Ës beliefs were greatly influenced by E. L. Thorndike ââ¬Ës thought of Law of Effect. The Law of Effect, besides a conditioning theory, was based on the premiss that if an innate stimulation ââ¬Ës response is paired with a pleasant event than the response is stronger and more likely to be repeated. Likewise if the stimulation consequence is paired with a negative event, so the event is weaker and less likely to be repeated. Skinner found this a utile tool in understanding automatic behaviours that occurred and further strengthened his thought that behaviour was strengthened by a reinforcing stimulus or weakened by a punisher ( Cherry, 2005a ) . Reinforcing stimuluss are either positive or negative. Positive reinforcing stimuluss occur after said behaviour and are positive results for the behaviour ; whereas negative reinforcing stimuluss are negative results as the consequence of a behaviour ( Cherry, 2005a ) . Whether negative or positive the behaviour will increase. Punishers whether negative or positive will diminish a behaviour ( Cherry, 2005a ) . Positive punishers employ utilizing an unfavourable event to diminish behaviour ; negative punishers happens when the event is taken off in order to weaken the behaviour that has occurred ( Cherry, 2005a ) . Social larning theories contrary to behavioural theories focuses on larning that takes topographic point due to the observation and mold of behaviours, attitudes, and emotions exhibit by others around them. Albert Bandura, considered one of the governments within this theory, believed that behavioural acquisition could non explicate all the types of acquisition ( Cherry, 2005c ) .He said, ââ¬Å" Learning would be extremely arduous, non to advert risky, if people had to trust entirely on the effects of their ain actions to inform them what to make ( Cherry, 2005c ) . â⬠. He farther argued that larning had to hold some societal component to it to be successful. He stated that, ââ¬Å" Fortunately, most human behaviour is learned observationally through mold: from detecting others one forms an thought of how new behaviours are performed, and subsequently occasions this coded information serves as a usher for action ( Cherry, 2005c ) . â⬠The ideals of Bandura and other socie tal theoreticians are broken down into three basic constructs that explain the assorted types of behaviour: experimental acquisition, patterning procedure, and intrinsic support ( Cherry, 2005c ) . Observational acquisition provinces that larning takes topographic point through observation ( Cherry, 2005c ) .The writer ââ¬Ës three-year-old nephew learns much of his idiosyncrasy and behaviours by watching his household around the house and others at church. He has learned to work on a computing machine by watching her bash her work hebdomadally, to the point of copying precisely how she holds her custodies when typing and the tapping of her fingers at her desk when she is in deep concentration. This thought of experimental acquisition is so strong harmonizing to theoreticians that it can be achieved through unrecorded observation, verbally through direction, or symbolic ( displayed through another media ) means. Intrinsic Reinforcement goes against the ideal that behaviour is reinforced by extrinsic support merely ( Cherry, 2005c ) .Social theoreticians believed that a great trade of behaviour and acquisition will be based on intrinsic factors, which give the scholar a sense of pride and achievement. Bandura believes this is one of the most of import factors that separates the societal acquisition theory from behavioural theories and makes it more of a cognitive societal attack ( Cherry, 2005c ) . The Modeling Process hinges on the individual that is making the mold of a said behaviour and the perceiver and must follow certain stairss. First, in order for a individual to larn they must pay attending to the theoretical account otherwise there will be negative branchings. Therefore the mold must be memorable and keep the attending of the perceiver. Following, the perceiver must hold the ability to retain the information that is observed. Third, one must be able to draw the information from their memory in order to pattern the accomplishment further. Last, the scholar must be motivated plenty to utilize the behaviour they saw modeled ( Cherry, 2005c ) .This measure theoretical accounts show some similarities to behavior thoeries in that the usage of reinforcing stimuluss and punishers are cruicial to actuating the scholar. For illustration, if a pupils observes another pupil having category vaulting horses for engagement they are more likely to take part every bit good ( Cherry, 2005c ) . Social theories and behavioural theories are similar yet different. Both of the theories believe that larning and behaviour are connected yet each feel otherwise about whether the acquisition that each elicit is lasting. Social theories disagree that all larning leads to a alteration in behaviour, in fact they believe that new things can be learned without organizing new behaviours ( Cherry, 2005c ) . Before During After Picture walks ââ¬â Students are guided by their instructors through a digest of images that illustrate the narrative line. This allows them to link to the text as they read. Predicting Students predict what they believe will go on in the narrative and read to prove the factuality of the anticipation ( Harvey A ; Goudvis, 2000 ) . Synthesize Students take the new information that they have learned and unite it with their anterior cognition to come up with a new thought or new believing about the topic ( Harvey A ; Goudvis, 2000 ) . KWL charts It allows they information to be organized earlier, during, and after reading Making Inferences Students are able to utilize their anterior cognition to believe outside the box and draw decisions about the text for deeper significance ( Harvey A ; Goudvis, 2000 ) . Making Connections Students draw upon their ain scheme to understand the text they are reading ( Harvey A ; Goudvis, 2000 ) . Text-to-self allows the reader to link to their ain lives and experiences to pull significance Text-to-text allows the reader to name upon their cognition from other text to demo apprehension of content Text-to-world allows the reader to do a connexion with more planetary and bigger issues within the text and the existent universe Overviewing This scheme allows pupils to plane or scan the text when they are looking for specific information and are unsure if the text contains it ( Harvey, 1998 ) . Imaging Allows pupils to better understand the text or job solve by organizing a image in their heads. Students are able to understand more of the text as they go along with the support of their instructor ( Chamot A ; Oââ¬â¢Malley, 1994 ) . Alternate stoping Students prove that they have comprehended the assorted parts of the narrative by composing an surrogate stoping which fits in with the remainder of the narrative nicely ( Harvey A ; Goudvis, 2000 ) . Brainstorming This scheme is a relevantly merely one in that it allows pupils to compose down, name out or categorise the things that they know about a peculiar construct or thought. The procedure allows all pupils of all degrees procedure clip to develop these thoughts. Questioning Readers are able to travel through the text and interact with it more as they search for replies to their inquiries ( Harvey A ; Goudvis, 2000 ) . Allows pupils to supervise their comprehension and concept significance ( Harvey A ; Goudvis, 2000 ) . Sum uping Learning is a complex procedure by that requires much of the scholar. All of the scholars ââ¬Ë behaviours, attitudes, cognition and gained information factor into whether true acquisition has taken topographic point. The survey of knowledge purposes to assist us understand how learning takes topographic point and the assorted procedures that we go through to accomplish it. Students may non understand the how and why of knowledge, so it is the instructor ââ¬Ës occupation to learn them schemes to do certain that they have good cognitive accomplishments or accomplishments for believing about larning. The chart above has outlined the assorted schemes that pupils can utilize before, during, and after reading to beef up comprehension, but how does this cognitive schemes in general aid pupils larn? In order for schemes to work for pupils they must be cognizant of why they need to believe about the thought that takes topographic point as they learn ( as cited in Purdue, n.d. , ch.7 ) . Simply put, it is the manner that they can take ownership of their ain acquisition and it is what makes them good and great scholars. Garner farther establishes that puting intents for acquisition, work outing jobs, self-acting, monitoring, and self-assessment of their acquisition are all ways in which pupils can demo that they have good cognitive accomplishments ( as cited in Purdue, n.d. , ch.7 ) .. The above schemes are merely some of the ways that Garner says that pupils are able to form, survey, reappraisal, pattern, and eventually master assorted accomplishments ( as cited in Purdue, n.d. , ch.7 ) . Teachers must demo them how to utilize these schemes to their advantage to larn. There are some things that pedagogues can make to assist them pupils develop these cognitive accomplishments, ther efore assisting them go independent minds and scholars. Garner believes that the first thing that they can make is to learn pupils to supervise their thought efficaciously ( as cited in Purdue, n.d. , ch.7 ) . This can be done through demoing them how to analyse the procedure of believing as they work. They teach them to inquiries themselves on ways that they can better upon their thought as they try to carry through their end or whether or non they need help to carry through these ends. Harmonizing to Garner, pupils must cognize when they are larning and when they are non larning ( as cited in Purdue, n.d. ) . Furthermore, Garner says that when they realize that they are non larning they should be able to take another cognitive scheme to assist them accomplish their end ( as cited in Purdue, n.d. , ch.7 ) . Second, Garner believes pupils need to be taught to utilize more sophisticated schemes to demo that they are believing ( as cited in Purdue, n.d. , ch.7 ) . Teachers should non accept the merely reciting of the text, they should necessitate that pupil synthesise the information and are able to offer legitimate sum-ups of the stuff ( Purdue, n.d. ) . Third, instructors must learn pupils the appropriate schemes to utilize with the assorted texts and content ( Purdue, n.d. ) . This is pertinent since it sets the phase for pupil acquisition. Think of it like constructing a house, if there is no foundation the house will non stand ; with a solid foundation the house could fire done, but the base from which to get down over is still at that place. Students might necessitate to reassess the schemes that they choose, but they can get down over if they have the foundational cognition of the schemes ( Purdue, n.d. ) . Fourthly, pupils must be taught to put personal ends for their acquisition. When pupils set their ain ends they are more likely to transport through with the schemes to see the success with them. Borkowski, Carr, and Pressley say ââ¬Å" pupils with low self-prides who attribute success and failure to something other than attempt are improbable to originate or prevail in the usage of cognitive schemes â⬠( cited in Purdue, n.d. , ch.7 ) . If they do so, they fall into non utilizing their metacognitive accomplishments to grok the constructs ( Purdue, n.d. ) . Last, when instructors model for pupils how to utilize cognitive schemes they are assisting them develop higher order believing accomplishments. When they are taught to prosecute in higher order thought, they are taught how to place how they learn, think about textual jobs as they learn about them, figure out how to work out them, and eventually synthesise all the information at the terminal of the text. How to cite Research on Behaviorist versus Cognitive Theories of Learning, Essay examples
Monday, May 4, 2020
Company Law Essay Example For Students
Company Law Essay CHILOMBA v THE PEOPLE (1974) Z. R. 151 (S. C. ) SUPREME COURT DOYLE, C. J. , BARON, D. C. J. , AND HUGHES, J. S. 9TH JULY, 1974 S. C. Z. JUDGMENT NO. 26 OF 1974. Flynote Criminal Law Attempting to cause death contrary to s. 215 of the Penal Code No unequivocal finding of actual intention to kill Whether conviction possible. Criminal Procedure Minor offence -Section 181 of the Criminal Procedure Code- Whether s. 224 of the Penal Code minor offence in relation to s. 215 of the Penal Code. Headnote The appellant was convicted of attempting to cause death contrary to s. 15 of the Penal Code. The learned judge held that following some kind of difference the appellant had armed himself with three spears and attacked the complainant. The only question that arose for decision in this appeal was whether the appellant was correctly convicted of attempting to cause the death of the complainant or whether he should have been convicted of a lesser offence, namely an offence under s. 224 of th e Penal Code. Held: (i)As there was no unequivocal finding by the trial judge that there was an actual intention to kill the conviction for attempting to cause death contrary to s. 15 of the Penal Code cannot stand . (ii)Although s. 224 of the Penal Code is to some extents a less serious offence than an offence under s. 215 of the Penal Code, it is not a minor offence within the meaning of s. 181 of the Criminal Procedure Code because offences under the two sections are both felonies and carry the same maximum sentence. Cases referred to: (1)Yanyongo v The People 1974 Z. R. 149. (2)Charles Phiri v The People 1973 Z. R. 168. Legislation referred to: Penal Code, Cap. 146, ss. 215, 224 and 229. Criminal Procedure Code, Cap. 160, s. 181. For the appellant:M. S. Kapumpa, Legal Aid Counsel. For the respondent:P. Lisulo, State Advocate. ______________________________________ Judgment BARON, D. C. J. : delivered the judgement of the court. The appellant was convicted of attempting to cause death contrary to section 215 of the Penal Code. It is unnecessary to deal in any detail with the facts. The learned judge held, and on the evidence before him he was fully entitled to do so, that the appellant was not speaking the truth when he alleged that, it was the complainant who had attacked him, the appellant. ith three spears. He held that following some kind of difference the appellant had armed himself with three spears and attacked the complainant. The only question in this case is whether the appellant was correctly convicted of attempting to cause the death of the complainant or whether he should have been convicted of a lesser offence, namely an offence under Section 224 of the Penal Code. The learned judge having review ed the evidence and having also considered the law on the subject said: A charge of attempted murder under paragraph (a) of section 215 of the Penal Code may be proved by showing either: (a) an intention to kill; or (b) knowledge on the part of the accused that what he was doing was imminently dangerous, that it must in all probability cause death, or such bodily injury as was likely to cause death. We have been unable to find any foundation for the second part of this dictum; it is not taken from section 215 of the Penal Code, nor can we find it in any of the cases to which the learned Judge himself referred in the course of his judgement. .uc596fc8e9ee3b1da82d4ca563bea3372 , .uc596fc8e9ee3b1da82d4ca563bea3372 .postImageUrl , .uc596fc8e9ee3b1da82d4ca563bea3372 .centered-text-area { min-height: 80px; position: relative; } .uc596fc8e9ee3b1da82d4ca563bea3372 , .uc596fc8e9ee3b1da82d4ca563bea3372:hover , .uc596fc8e9ee3b1da82d4ca563bea3372:visited , .uc596fc8e9ee3b1da82d4ca563bea3372:active { border:0!important; } .uc596fc8e9ee3b1da82d4ca563bea3372 .clearfix:after { content: ""; display: table; clear: both; } .uc596fc8e9ee3b1da82d4ca563bea3372 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .uc596fc8e9ee3b1da82d4ca563bea3372:active , .uc596fc8e9ee3b1da82d4ca563bea3372:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .uc596fc8e9ee3b1da82d4ca563bea3372 .centered-text-area { width: 100%; position: relative ; } .uc596fc8e9ee3b1da82d4ca563bea3372 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .uc596fc8e9ee3b1da82d4ca563bea3372 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .uc596fc8e9ee3b1da82d4ca563bea3372 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .uc596fc8e9ee3b1da82d4ca563bea3372:hover .ctaButton { background-color: #34495E!important; } .uc596fc8e9ee3b1da82d4ca563bea3372 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .uc596fc8e9ee3b1da82d4ca563bea3372 .uc596fc8e9ee3b1da82d4ca563bea3372-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .uc596fc8e9ee3b1da82d4ca563bea3372:after { content: ""; display: block; clear: both; } READ: Roman Fever EssayThe law is in fact correctly set out in those cases and has been followed in a recent judgement of this court, Yanyongo v The People . In that we reaffirmed that on a charge of attempting unlawfully to cause the death of another there can be no question of constructive malice; it is necessary that there be an actual intention to kill. We are bound to hold therefore that the learned judge misdirected himself in stating the law as he did. Where he came to make his findings of fact the learned judge said this: In the circumstances of the case, the only inference reasonably ossible is that the accuseds intention was to kill Robinson Shichimbwele, or alternativ ely, that there was knowledge on his part that what he was doing was so imminently dangerous that it must, in all probability, cause death, or such bodily injury as was likely to cause death. Putting the matter in the alternative in this way leaves us in the position that we cannot hold that the learned judge has found an intention to kill. For this reason the conviction for attempting to cause death contrary to section 215 cannot stand. However, the evidence is overwhelming that the appellant was guilty of an offence under section 224 which reads: 224 Any person who, with intent to maim, disfigure or disable any person . . . (a)unlawfully wounds or does any grievous harm to any person by any means whatever; . . . is guilty of a felony . . . We are quite satisfied that the appellant intended to do grievous harm to the complainant and in fact did such harm. The conviction under section 215 will be set aside and there will be substituted a conviction for an offence contrary to section 224 of the Penal Code. On the question of sentence, it can hardly be said that the offence of which the appellant has now been convicted is very much less serious than the offence with which he was originally charged. The facts of the case certainly disclose a serious offence. However, an offence under session 224 must be regarded to some extent as a less serious offence, and in all the circumstances the sentence of six years imprisonment with hard labour will be set aside and a sentence of five years imprisonment with hard labour substituted; that sentence equally will take effect from 5th January, 1973. Postea Immediately after we rose this morning we realised that the maximum sentences under section 215 and 224 are the same. Although therefore, as we said in the judgement we delivered this morning, to some extent an offence under section 224 is a less serious offence, it is not a minor offence within the meaning of section 181 of the Criminal Procedure Code, because offences under the two sections are both felonies and both carry the same maximum sentence. We must therefore hold that the case of Yanyongo to which we referred this morning was wrongly decided on this point, and for this reason we have hastened to correct the judgement given today, in which we again inadvertently overlooked that the maximum penalty under section 224 was the same as under section 215. Generally, on the question of a conviction for a minor offence under section 181 of the Criminal Procedure Code we refer to Charles Phiri v The people . The order of the court will be that the conviction of attempting to cause death contrary to section 215 of the Penal Code will be set aside and a conviction under section 229 of the Penal Code of unlawfully doing grievous harm will be substituted. This offence is a felony and the maximum sentence is imprisonment for seven years and is therefore a minor offence for the purposes of section 181 of the Criminal Procedure Code. .ubd0878a7a2b39881936d41f05ba9acf3 , .ubd0878a7a2b39881936d41f05ba9acf3 .postImageUrl , .ubd0878a7a2b39881936d41f05ba9acf3 .centered-text-area { min-height: 80px; position: relative; } .ubd0878a7a2b39881936d41f05ba9acf3 , .ubd0878a7a2b39881936d41f05ba9acf3:hover , .ubd0878a7a2b39881936d41f05ba9acf3:visited , .ubd0878a7a2b39881936d41f05ba9acf3:active { border:0!important; } .ubd0878a7a2b39881936d41f05ba9acf3 .clearfix:after { content: ""; display: table; clear: both; } .ubd0878a7a2b39881936d41f05ba9acf3 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ubd0878a7a2b39881936d41f05ba9acf3:active , .ubd0878a7a2b39881936d41f05ba9acf3:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ubd0878a7a2b39881936d41f05ba9acf3 .centered-text-area { width: 100%; position: relative ; } .ubd0878a7a2b39881936d41f05ba9acf3 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ubd0878a7a2b39881936d41f05ba9acf3 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ubd0878a7a2b39881936d41f05ba9acf3 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ubd0878a7a2b39881936d41f05ba9acf3:hover .ctaButton { background-color: #34495E!important; } .ubd0878a7a2b39881936d41f05ba9acf3 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ubd0878a7a2b39881936d41f05ba9acf3 .ubd0878a7a2b39881936d41f05ba9acf3-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ubd0878a7a2b39881936d41f05ba9acf3:after { content: ""; display: block; clear: both; } READ: Hook For Atomic Bomb EssayWe set aside also the sentence and we substitute a sentence of three years imprisonment with hard labour. This sentence will take effect from 5th January, 1973. Conviction of attempting to cause death and sentence set aside. Conviction under section 229 of the Penal Code and sentence of three years imprisonment with hard labour substituted. _________________________________________
Saturday, March 28, 2020
Wisdom Vs. Vanity In John Miltons Paradise Lost Essays -
Wisdom Vs. Vanity In John Milton's Paradise Lost In the seventeeth century, women were not permitted to embrace in the power of knowledge. John Milton portrays the only female character in his epic poem, Paradise Lost, as a subservient creature caught in a seemingly misogynistic society. Milton states Eves location in the great chain of authority of his time quite clearly with her inferiority to man repeated frequently throughout the epic, especially amplified in Book IV and Book IX. Milton uses the character of Eve to represent the ills that can befall mankind after she (the woman) breaks the chain of authority in which she was placed. A twenty-first century reader might perceive Miltons theodicy on a womans place in society to be inhumane as well as appalling, however, during his time women were accepted by society and themselves as subordinate on the chain of hierarchy. They were to be treated properly by their man but were to walk two steps behind their superior male counterpart at all times. Even though Miltons blatant descrip tion of Eves role in the created world is unequal, the twenty-first century reader accepts this concept and enjoys the passionate power that the character has over the reasonable male authority figure. In the traditional epic structure and in Book I of Paradise Lost, the reader is immediately introduced to the main action of the story being told, the narration opens with the middle of the story (media res) and uses flashbacks to develop the plot. Of mans first disobedienceWho first seduced them to that foul revolt?the infernal serpent; he it was, whose guile stirred up with envy and revenge, deceived the mother of mankind(PL: BK 1, L 1-36). It is stated quite clearly in these lines that Eve initiated the fall of man by giving in to the temptation posed to her by Satan. Knowing this from the absolute beginning of the narrative, it is clear that the woman unreasonably steps out of her position in Eden and is overcome by evil. In Book IV of Paradise Lost, Milton expresses Eves perception of herself when she sees her image as well as the readers insight to Eves role through Satans initial description of her. At the beginning of this narration Adam and Eve are identified, very briefly, as alike, Two of far nobler shape erect and tall, Godlike erect, with native honour clad in naked majesty seemed lords of all(PL: BK IV, L287-290). This narration then immediately turns to a characterization of Eve as the secondary being, Whence true authority in men; though both not equal, as their sex not equal seemedHe for God only, she for God in him (PL: BK IV, L295-300). Here, then, is a grand example of Eves submission to her absolute ruler (PL: BK IV, L300) who is man and her place in the natural order of creation is beneath him. Milton immodestly states in these lines that the male authority figure in this story is the most divine of all created beings and the female is only there to enhance his being. They are both m ade in the likeness of God, but Eve is divine-like only through Adam. Milton, in Paradise Lost, as in all epic structures, uses many classical allusions to help the reader gain insight to a womans standpoint through the power of poetry. To enforce Eves position and to introduce Eves flaw, Milton alludes to Ovids character, Narcissis. Narcissis vainly yearns for his own image reflected in a pool. In Book IV, Eves vanity is explained, A shape within the watery gleam appeared bending to look on mepleased it returned as soon with answering looks of sympathy and love; there I had fixed mine eyes till now, and pined with vain desire (PL: BK IV, L460-466). The importance of this parallel is the forefront of Eves weakness to be overcome in Book IX. In addition to exclaiming vanity as the root of all evil, Milton stimulates a sense of corruption in Eve with this comparison. Likewise, Satan is able to captivate Eves imagination while she sleeps, him there they found squat like a toad, close at the ear of Eve; assaying by his devilish art to reach the organs of h er
Saturday, March 7, 2020
Sophies World essays
Sophies World essays REMARKABLE... a whimsical and ingenious mystery novel that also happens to be the history of Philosophy. Jostein Gaarder made his Norwegian literary debut in 1986 with a collection of short stories, followed by two young adult novels. In 1990 he received the Norwegian Literary Critics Award and the Ministry of Cultural and Scientific affairs Literary Prize for his book The Solitaire Mystery. Mr. Gaarder taught high school philosophy for eleven years in Norway, giving him a strong basis for writing Sophies World, his first book to be published in English. After its three-year spot at number one on Norways bestseller list, it has held the same status in Great Britain, Germany, and France also appearing on bestseller lists in Italy, Spain, Canada, Denmark, Sweden, and the United States. In Sophies World, Jostein Gaarder twines the history of philosophy with the supernatural antics of Alice in Wonderland. The main character is a girl named Sophie Admunsen, the novels namesake. Sophie is fourteen years old, and lives in Norway with her mother and all of the animals in her Garden. She is soon joined by the mysterious Alberto Knox, first through correspondence, and then linked by a full-scale philosophy course he has chosen her for. He seems to have lived forever, with the ability to bring magic and supernatural lessons into her life. Alberto is old, kind, extremely wise, and cloaked in mystery for much of the novel. It is difficult to explain the relationship between all of the main characters outside of explaining the plot. Sophie and Alberto are the initial main characters. Sophie comes home from school to find a white envelope addressed to her. Who are you? Where does the world come from? This begins her thinking about the major questions of existence, and then the philosophy course began. Alberto is not physically revealed until late in the first quarter of the novel. Throu...
Wednesday, February 19, 2020
Forced Drug Testing of Defendants Essay Example | Topics and Well Written Essays - 1000 words
Forced Drug Testing of Defendants - Essay Example The rationale argued Clinton for desiring the drug testing program was that "too often, the same criminal drug users cycle through the court, corrections, and probation systems still hooked on drugs and still committing crimes to support their habit." (Clinton, 1995) We should react, he argued, "at the earliest possible stage in a person's interaction with the criminal justice system-following arrest." (Clinton, 1995) At first blush this would seem to be a rather easy concept. It would seem that drug testing would be a harmless way to combat what all lawmakers would agree is wretched drug problem in the United States. However, there are issues that apply to the constitutional rights of any person. Why does a person who is only alleged to have committed a crime have to be forced into testing Does that person loose their privacy rights which are secured by the Fourth Amendment simply because they were arrested My opinion is that while pre-trial drug testing may secure the appearance of a defendant it does not mean that the defendant is not going to be prone to committing further crimes. It only means that the defendant will avoid going to jail. ... Pursuant to that program persons that were convicted of drug crimes were given a choice. They could either agree to enter impatient drug treatment which was supplemented by outpatient drug treatment, or be sentenced. Ultimately, it was demonstrated that those who had received the benefits of treatment were less likely to commit the same type of crimes. (William H. McGlothin et.al, 1977) Notably, these were programs and suggestions that were offered in lieu of being in jail rather than being used to secure appearances. The Fourth Amendment of the United States Constitution guarantees that "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." B. C. v Plumas Unified School District (9th Cir. 9/20/99). One might argue that because a person is in police coustdy, that they have already lost that guarantee of security. However, where is the line drawn For example, if I am arrested for shoplifting, should a court be allowed to mandate that I submit to drug testing Of course, I don't have the right to claim privacy as to the shoplifting charge, but why should I be searched for drugs Does drug testing not constitute a search The notion that it holds any pretrial value is completely illusory. Suppose next that I have passed all drug testing. What would be the next threat Perhaps bail should be foregone because I have no drugs in my system. I am by no means advocating the use of drugs. Rather, I am advocating for my privacy and the right as it
Subscribe to:
Posts (Atom)