Thomas Hobbes Article Example | Topics and Well Written Essays - 1000 words

Thomas Hobbes - Article Example Hobbes inevitably passed on in Hardwick in 1679 at 90 years old after he was assaulted by loss of motion. He will consistently be associated with his political methods of reasoning and this unconcerned method of remarking (on philosophical fronts) from others. Hobbes built up his own political examination and reasoning, which he recorded as a book distributed in 1651 with the title of Leviathan. His contentions in the said distribution were lighting up. It is so straightforward in the every day happenings of a man who is a childish and ravenous life form, consistently prepared at war with other men (living beings of his sort) for his own prosperity and advantage. His proposals are that individuals have turned narrow minded in their ordinary method of living and they have a heartless existence towards different people which they ought not do in any case. Everybody doesn't follow the way set by great men of past, which is a lot to his aversion. He doesn't care for the disposition controlled by the individuals who follow the sovereigns as though they are Gods or more than them. Dread of death, as per him, is one such thing, which brings to our notification that causes them to follow the sovereigns in any conceivable manner they can. A common chief can't in at any rate speak to individuals' perspectives; yet the equivalent as per him is going on day in day out in this world. The individual having authority allows his orders to commands, which Hobbes doesn't exactly favor of in any capacity. His different books additionally propose similar philosophies, which are there in his hit one, Leviathan. These proposed his enthusiasm for social affair some examination on political ways of thinking just as certain correlations with the manners by which pioneers and sovereigns have experienced their lives and as an outcome controlled over individuals. Different scholars likewise followed in a similar manner as Hobbes did. They considered his examinations and therefore made their own in the light of what Hobbes had just said. Among them were incorporated huge names like J.L.Stephen. C.H.Hinnat, T. Surrell. Hobbes was not content with the lessons of Aristotle and commented them as being botch in precept. He criticized the English colleges of their dull methodology towards their educational plan. In all actuality, he owed both to Aristotle just as the English colleges since he established the framework of his convictions graciousness through Aristotle and these varsities. Hobbes pays significance on the subject of temperance. As indicated by him, ideals builds up the regard among individuals so they can live inside the pre-set good laws and tail them in conformance. Excellence gives a motivator or advantage from which the individual can profit as long as he is alive. It is an ever-enduring impact on one's character. Thomas Hobbes recommends that the driving forces that one has inside him/her from time to time ought to be controlled with the goal that an individual's character doesn't impact radically or at different occasions, quickly. Moral quality is the key for an individual and he/she ought not let free on this very resource of his/her. Controlling wants is likewise a bit of leeway that one has over other of his kindred individuals. One should never let his/her wants show signs of improvement of him/her under any conditions at all. Hobbes has been in the front line like Locke, Kant and Mill in presenting inside individuals the significance of goodness. They term it as of comparative significance as individuals attach themselves to their psyche and

The way black people are treated by white people in the short story Crackling Day by Peter Abrahams Essay Example

The manner in which dark individuals are treated by white individuals in the short story Crackling Day by Peter Abrahams Essay Snapping Day by Peter Abrahams is set in South Africa in the second 50% of the twentieth century. In the nation right now, the blacks and the whites were isolated. They had various lifts in structures, various sea shores, transports, and shops. Interracial relations, and relationships were unlawful. The whites possessed a great part of the land, in truth 80% of it. They claimed the mines, and the urban areas. The story is around 2 young men who make a trip the entire day to a ranch to gather their week after week measure of popping for their families. The story is set in the nation almost a town called Elsburg. This short story gives us how the blacks rewarded the whites, and how the blacks needed to treat the whites. The story is called Crackling Day since it begins with two young men, Andries and Lee who are making the long trek to Elsburg siding for the square of pigs skin that went for our day by day meat. The young men needed to gather a twofold measure of cow fertilizer the day preceding, with the goal that they could get the snapping. This shows the dark individuals were poor, as they needed to play out the employments that the white individuals would not like to do, for example, gather cow excrement, just to get some pig skin. We will compose a custom article test in transit dark individuals are treated by white individuals in the short story Crackling Day by Peter Abrahams explicitly for you for just $16.38 $13.9/page Request now We will compose a custom article test in transit dark individuals are treated by white individuals in the short story Crackling Day by Peter Abrahams explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer We will compose a custom article test in transit dark individuals are treated by white individuals in the short story Crackling Day by Peter Abrahams explicitly for you FOR ONLY $16.38 $13.9/page Recruit Writer This was there day by day meat and it was everything they could manage. The citation, Ill skin you on the off chance that you lose the cash! shows that they didn't have a great deal of cash. The way that they had minimal expenditure can likewise been found in the way that they didn't have garments that shielded them from the virus. The virus experienced my shirt and shorts; my skin went pimply and cooled; my fingers went numb and started to hurt. It can likewise been seen that they couldn't manage the cost of shoes as it says, The virus was not all that awful on bear feet on the off chance that one didn't keep still. It can likewise be found in, y feet felt like solidified knots that didn't have a place with me In the story is says, They instruct them to go for us. Never get captured by one. My old keeps an eye on got a gap in his base where a Boer hound got him. They accepted that white individuals prepared their pooches to assault dark individuals. This may not be valid however. At the point when the two young men are going to battle two white men descended the way and they finished their battle. This shows they may have been threatened them. At the point when the two young men get to Elsburg, they need to line for their snapping. The man who offers it to them is white.

Battle Of Britain Essay Example For Students

Clash Of Britain Essay Clash of BritainDunkirk-May 1940In May of 1940 German powers attacked France. Before the finish of May Allied soldiers were cornered, on the coast, in the town of Dunkirk. They had been overwhelmed by the German blitzkrieg(?Battle of Britain?).Though German aircraft had devastated more than 200 of the salvage task forces transports, the British despite everything had the option to empty 224,000 of their soldiers alongside 123,00 French(Mosley 20). Despite the fact that they had been compelled to forsake the vast majority of their gear and supplies on the sea shore, the British kept away from the snare set by the Germans. This occasion was the antecedent to the Battle of Britain. Now, Germany felt that Allied powers were frail and if they somehow managed to attack Great Britain, the time was at that point. Prefight OddsAfter Dunkirk the Royal Air Force had low confidence and its numbers were seriously exhausted. In the endeavor to shield the salvage task force from the Luftwaffe the RAF(Royal Air Force) lost 106 warriors and 75 pilots, which was one fourth of their air power. By July 1940 the stage was set for the Battle of Britain, which was to be the primary significant fight to be battled totally noticeable all around. In the months after Dunkirk a few variables had become possibly the most important factor that would both hurt and help the Allies and the Germans. The Luftwaffe was evaluated to have 4,500 first-line airplane and the RAF 2,900(Mosley 52). What's more, since the English Channel was the main thing isolating the Allies from the Germans, Britain expected to make up for lost time. The British expected to renew their provisions and they expected to radically build the quantity of planes being created at the earliest opportunity. Two things brought the British more planes f or the Battle of Britain. The first was Churchill not permitting further planes to be traveled to France as associate, all things considered, France had just been vanquished and involved by German powers. The subsequent activity was the expanded processing plant creation of planes. In the months that followed the departure at Dunkirk, British laborers fabricated 446 new warriors for the RAF, which was 100 more than the Germans were creating. So as to fabricate this numerous new planes the production lines were working seven days per week and by Lord Beavbrooks ?work ceaselessly? arrangement. While trying to support the exertion, ladies all over Britain put their family things containing aluminum out for assortment, with the goal that the important materials for warrior creation was available(Mosley 52). Another in addition to for Britain was their aircraft. The planes would be utilized to assault focuses in Germanys mechanical heartland and furthermore in German-controlled Channel p orts, where German boats were collecting for Operation Sea Lion ,the anticipated seaborne intrusion of Britain. They likewise had great RAF contenders, which would be expected to ensure the British Isles during the battle(Mosley 54). One other huge home bit of leeway for Britain was that they had the option to recuperate any pilots who had rescued of their planes generally rapidly in light of the fact that they had the Royal Navy prepared and in the event that they arrived in GB they wouldnt need to stress over being placed in a POW camp. There were three other cautious points of interest the British had: Command headquarters(defensive air tasks), radar, and a German code breaking machine. England found their base of tasks at Bently Priory, an eighteenth century house. It was their top-mystery center of air activities, with a plotting room(worked by the Womens Auxiliary Air Force), where Chief Marshal Dowding and his air-controllers would watch the extraordinary diagram and plan the fight affidavits to be made to the RAF(Mosley 56). Radar(RAdio Detection And Ranging) was a significant part of Britains ground barriers. England utilized it to identify far off items, their area, and their speed, by examining the ultra-high-recurrence radio waves reflected from their surfaces. Dowding made a correspondences coordinate with radar reports, which would get took care of back to Bently Priorys focal plotting room, where Dowding and his staff would have the option to send contenders where and when they were required. Radar was the main type of a cutting edge air resistance arrange system(?Battle of Britain? what's more, Mosley 54). The code breaking machine was additionally a significant asset and furthermore a top-mystery one as well. The machine was kept so mystery that even Dowdings subordinate authorities didnt think about it. The machine empowered the British to capture and break complex German codes, permitting them to gauge the Luftwaffes proposed targets and the quantities of airplane to be utilized even before the planes left the ground(Mosley 56). Then again, it looked as though all the chances were against Britain and for Germany after Dunkirk, however Germany made a progression of errors that wound up costing them beyond all doubt. One of the principal botches made by Germany was their unaltered pace of plane creation after Dunkirk. Hitler accepted that in the event that they expanded plane creation it would alert the number of inhabitants in Germany and furthermore that the crude materials used to fabricate the planes ought to be coordinated towards the creation of firearms. Likewise if the Luftwaffe needed to bomb London or some other huge modern city they would require all the more long-run substantial planes but since of the slowed down creation they werent fabricated. The main aircraft Germany had accessible toward the start of the fight were Dornier-17 and the Heinkel-111. The two planes had short ranges and were powerless agains t warriors coming in at them from specific points. Some portion of Germanys methodology going into the Battle of Britain was that the ground troops would be the most significant perspective once they landed and that their warriors and planes would be principally utilized as hostile support(Mosley 47). That was one of their first errors. One of Germanys most exceedingly awful disappointments in the skies was with their Junkers-87 plunge aircraft. It was an exceptionally viable plane yet it was truly defenseless against RAF warriors. The other exceptionally powerful German military aircraft was the Me-109(Messerschmitt-109) yet there was likewise a blemish to it. The Me-109 had a horrendous range and was scarcely sufficient for the tasks expected of it. It could just fly for 80 minutes, in this manner, with the measure of time it took to fly to and fro it just had a limit of twenty battle minutes accessible making numerous planes come up short on fuel and crash before they could retur n to France and land(Mosley 49). Another erroneous conclusion of the German methodology was the significance and utilization of radar in air tasks. They put most radar use in the hands of their naval force since they figured it would be increasingly valuable in sea reconnaissance(Mosley 54). In the event that Germany had invested more energy into building up the Luftwaffe for the Battle of Britain and used all conceivable air assets their erroneous conclusion probably won't have turned out so expensive. The Clarksville Art Scene and the Community EssayHerman GoringHerman Goring was leader of the Luftwaffe between 1933-1945. He was second in capacity to Adolf Hitler. Gutting administered arrangement of the Luftwaffe before World War 2. Gutting wound up slaughtering himself while in jail anticipating execution for war crimes(?Battle of Britain?). Sir Hugh DowdingDowding was the Air Chief Marshall during the Battle of Britain, leader of the RAF Fighter Command, and the cautious partner of Sir Arthur Harris. Dowding developed the protective air intensity of the RAF during the 1930s. After the Battle of Britain, Dowding lost his situation after an arrangement question. The procedure he utilized during the Battle of Britain and his tenacious assurance are credited for the effective barrier of Britain(?Battle of Britain?). Popular Planes of the RAFThe Supermarine Spitfire filled in as a first-line contender all through WW2. It was quick and flexibility. Its slim circular wings made it able to do extremely high speeds(571 km/hr). It had a Ceiling of 10,360 meters and a Range of 805 km. The make-up of the plane was consistently being changed to address the issues of low and high elevation contenders, tropicalized, navalized, or prepared as an unarmed photograph surveillance airplane. Its one of the most renowned military airplane ever. There were 20,351 fabricated and the RAF resigned the last Spitfire in 1954(?Battle of Britain?). The Hawker Hurricane was a biplane, structure shrewd, with a monoplane design. It had a Speed of 520 km/hr, a Ceiling of 10,900 meters, and a Range of 965 km. The fuselage was a propped steel tube development, with wooden edges and texture covering, making it simple to fix. The Hurricane was moderately sub-par compared to the best contenders however they were durable, dependable, and simple to create. Most contenders during the Battle of Britain were Hurricanes and later models were utilized as ground assault and hostile to tank airplane since they were out of date as warriors. 14,533 were built(?Battle of Britain?). The Boulton Paul Defiant was a two seat warrior with a four weapon deadly implement. It had beginning achievement however overwhelming loses followed. It had a Max. Speed of 485 km/hr, a Ceiling of 9,250 meters, and a Range of 740 km. It was later utilized as a night warrior and afterward as an objective pull. There were 1,064 built(?Battle of Britain?). Well known Planes of the LuftwaffeThe Messerschmitt Bf 109 was a standard Luftwaffe warrior all through the war. It had great execution and taking care of yet it had limited vision, terrible landing attributes, and it couldnt convey a ton of combat hardware since it was so little. It was the littlest edge that could be worked around the enormous and ground-breaking motor. The Me-109 had a Max. Speed of 560 km/hr, a Ceiling of 10,500 meters, and a Range of 660 km. It was perhaps the best warrior in the world(E model). There were roughly 35,000 fabricated and creation proceeded in Spain after the war(?Battle of Britain?). The Junkers Ju 88 was one of the most adaptable airplane of the war. It was utilized for different sorts of air fight: jump plane, observation airplane, torpedo-aircraft, night warrior, overwhelming day contender, and an enemy of tank airplane. The plane had a Speed of 470 km/hr, a Ceiling of 8,200 meters, and a Range of 2,730 km. There wer

Building An Annotated Bibliography Research Paper

Building An Annotated Bibliography - Research Paper Example This notice gives valuable data to build up the presentation. Critically, it would be utilized in the body of the venture to contend against the wrongdoing hindrance impact of the death penalty. Besides, it offers proof to dishonor those contending for utilization of the death penalty to deflect wrongdoing because of absence of research. This book gives a wide range of data on wrongdoing and degenerate conduct from a sociological point of view. The creators bolster capital punishment for utilitarian reasons and reprisal. All things considered, they give contentions of when capital punishment accomplishes more mischief than dissuading wrongdoing. They back up their contentions with instances of different legal disputes and their outcomes. It would be helpful at the presentation of the undertaking when characterizing the death penalty, its organization and targets. It would likewise be utilized in the body when giving contentions for and against capital punishment as an approach to stop wrongdoing with the proof of results of decisions giving suitable models. This book contends that the view of death being the harshest discipline would sensibly dissuade wrongdoing. Hoodlums carrying out life punishments don't have anything to stop them from wrongdoing other than the danger of death. Then again, it contends that death penalty leaves the powerless presented to maltreatment from the solid and furthermore brings about social issue, two elements which could advance wrongdoing. This book gives a basic premise to placing the death penalty into point of view while building up the presentation. Other than giving foundation data all through the task, it would be basic in the body of the venture to contend for and against the death penalty as an obstacle to wrongdoing. This article contends against the death penalty as an obstacle to wrongdoing. It proves this contention with the perception on the declining number of capital punishments in North Carolina, prompting no capital punishment in 2012. With this decrease, the North Carolina

Literary Journals For E-Readers

Literary Journals For E-Readers Im still relatively new to the e-reader world. Like Peter wrote in his post not too long ago, the propensity to switch over to reading in a digital platform can take you by surprise, sneaking up on you like a stealth ninja. Every so often, though, I find new ways that e-readers can make my reading life fuller, more enjoyable, and more practical. Which is why I want to talk about literary journals. As a writer of short stories and personal essays, Ive long been told to subscribe to literary journals, to read through them as research what are people doing, what are journals interested in, what is a particular journals aesthetic (at least for that issue)? If you dont read the magazine, the wisdom goes, then why would they publish you? But heres my dirty secret:  I dont read as many literary journals as I should. I have good intentions. Ill buy a subscription, happily retrieve journals from my mailbox, put them on my coffee table with my  Bon Appetit  and  Real Simple, and then forget about them. Part of my problem is convenience. When I pack up my purse to leave the house, I reach for a book or, more often these days, my Kindle. Its compact, it fits inside my purse, and Ive usually got a book loaded up and ready to go in there. The solution would seem to be online journals, ones where the content is available digitally on their website. But unless its on an app, again, Im not heading to a website. Im heading to a book. So what if the journal was where my books are? More specifically, what if the journal was in my Kindle? Now were talking. And there are some journals that make their content available digitally to subscribers through Kindle or Nook (and also Apple) formats. So Ive found three that do so, three journals that Im particularly psyched to load up into my Kindle pronto. Ploughshares Subscriptions to  Ploughshares  include the three regular issues (which come out in April, August, and December) and the Ploughshares Omnibus, a collection of  Ploughshares Solos, which are stories and essays that are available only in digital format; the  Omnibus is released in October, and is also available in both print and digital formats.  You can also purchase single issues from the archives. Ploughshares  is available for both Nook and Kindle. One Story One Story is exactly what it sounds like a literary journal featuring one story every three or four weeks. Subscribers receive the new story directly to their Kindle device. (One Story is also available through the Apple Newsstand.) The journal comes with a free 30-day trial, after which the monthly subscription starts for $1.49 a month. Narrative   Narratives  monthly issues  includes stories, poetry, cartoons, nonfiction, and more, which will all download directly to your Kindle. This journal also provides a 30-day free trial, after which the subscription starts for $3.49 a month.  Narrative  is also available on Apple and Android devices.

Tort Law Problem Answers - Free Essay Example

ISSUE Whether James can succeed in an assault Tort claim against Mele for her actions? RULE An assault is committed where the defendant intentionally or recklessly causes the victim to apprehend immediate unlawful personal violence. [1] The elements for assault are: An intentional act The absence of consent on Defendants part in this case The inducement of an apprehension of imminent contact ( An imminent battery) Is there any reasonable apprehension for reasonable battery? APPLICATION: An Intentional Act Intent is established if a reasonable person is substantially certain that certain consequences will result; likewise intent also established whether or not he or she actually intends those consequences to result. In Tuberville v Savage (1669) 86 ER 684[2] the defendant put his hand on his sword and stated that if it were not assize-time, I would not take this language from youà ¢Ã¢â€š ¬Ã¢â€ž ¢. The court held that it does not amount to an assault as the words indicated that no violence would arise. Similarly on the facts, Sia did screamed at James saying à ¢Ã¢â€š ¬Ã…“I know youà ¢Ã¢â€š ¬Ã¢â€ž ¢re out to get me and Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m going to get you firstà ¢Ã¢â€š ¬Ã‚ . These words were said without provocation and will not amount to any intention that would cause harm. However on the other hand, in Stephenà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER 735[3], the defendant made a violent gesture at the plaintiff by waiving a clenched fi st, but was prevented from reaching him by the intervention of third parties. The defendant was liable for assault. Likewise, in the given facts, Sia also did gestured threateningly to James when she approached him. Such act did constitute an intention to cause harm to James. Moreover it did create fear into James. Therefore this element is satisfied. The absence of consent on James part in this case There is no consent on James part. This is true, as to the period of time the incident did occurred. According to the facts at hand, Sia approached James during their lunch break, which indicates that James could not have contemplate that an incident as this would occur since he would have thought Sia is just a normal kid as the rest of the other students. Hence, there is an absence of consent on James part. Moreover, James did report the incident to the school principle meaning that he has no knowledge of Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s mental illness. Therefore, these gave reasonable gro unds for absent of consent on his part as well. Was there an inducement of an apprehension of imminent battery? The plaintiff must have a reasonable apprehension of imminent injury or offensive contact. Apprehension means awareness that an injury or offensive contact is imminent and is about to occur.[4] On the facts, James is aware of the threat of harm because Sia had stood face to face with him when she gestured threateningly and screamed à ¢Ã¢â€š ¬Ã…“I know youà ¢Ã¢â€š ¬Ã¢â€ž ¢re out to get me and Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m going to get you firstà ¢Ã¢â€š ¬Ã‚ . Gesturing threateningly to someone can create apprehension in the mind and can amount to assault as in Stephenà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER[5] where a defendant who violently gestured at the plaintiff by waiving a clenched fist amounts to assault. On the other hand, there is doubt in the question of whether words alone can constitute an assault.[6] , In Smith v Chief Constable of working (1983) 76 Cr A pp R 234[7] the defendant looked through the window of the plaintiff( a young women) at night and when she screamed he did not move but kept staring. The court held that she was frightened but could not have been frightened of personal violence as she was inside the house and defendant was outside of the house. However it can be distinguished to the facts in this case because even if Sia did make a future threat by verbally expressing it and was unable to carry out the threat it can be distinguished on the part where future threats made is usually where the plaintiff is out of the scope of danger. However in this scenario Sia is actually standing face to face when she screamed at James unlike in Smith v Chief Constable of working where the defendant was outside the house and the plaintiff was inside, hence it is likely that an apprehension of imminent battery can occur. Reasonable apprehension If a reasonable person would be frightened, then there may be assault even if batter y was impossible. In the given facts, for sure a reasonable person in James position would have felt threatened by the way Sia behaves. Even if Sia did gestured and screamed à ¢Ã¢â€š ¬Ã…“I know youà ¢Ã¢â€š ¬Ã¢â€ž ¢re about to get me and Ià ¢Ã¢â€š ¬Ã¢â€ž ¢m going to get you firstà ¢Ã¢â€š ¬Ã‚ , the nature of these word can cause fear in a person especially if that person threateningly gestured and screamed at you face to face. Moreover, the fact that James has refused to return to School and had to be transferred to another school indicates that he is in fear that such incident might occur again. Therefore a reasonable person in James shoes would have been terrified by such behavior. Conclusion: The elements above are satisfied in the facts of the present case, hence it is likely that Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s behavior amounts to assault. (b) TORT OF NEGLIGENCE ISSUE: Whether the school owe a duty of care to Mele? LAW: General Rule for Duty of Care à ¢Ã¢â€š ¬Ã…“The duty of care concerns the circumstances and relationships which the law recognizes as giving rise to a legal duty to take care.[8] It is necessary for the claimant to establish that the defendant owed them a duty of care. To establish that there is a duty to take care of another person, under the Caparo test the claimant must establish and fulfill the three elements of duty of care. They are foreseeability, proximity and in all circumstances it must be just, fair and reasonable to impose a duty of care. [9] Elements of Duty of Care: Foreseeability of damage Sufficient proximity between the parties Fair, just and reasonable In addition: Using Home office v Dorset Yacht Co Ltd (1970) AC 1004 House of Lords[10] on the test of who the duty of care is owed: Foreseeable victim Foreseeable zone APPLICATION: Foreseeability of damage The notion of foreseeability focuses on what a reasonable person would have foreseen in the circumstances.[11] As the principle of the school he should have anticipate foreseeable harm Sia might cause to other students in the future even if Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s mother had assured him that this will not happen again. Here, the school principle had already been aware of the fact that Sia is suffering from mental illness and that the prior incident which involves Sia with another student James would probably occur all over again, especially with a state of mind like Sia. As in Home Office v Dorset Yacht Co Ltd (1970) AC 1004 House of Lords[12], the Home Office owed a duty of care for their errors as they were in a position of control over the 3rd party who caused the damage and it was foreseeable that harm would result from their inaction.[13] Sufficient Proximity between the Parties Proximity focuses on the nature of a relationship between the parties. In essence, there must be a special relationship that exists between two parties in order to define the duty one owes another. On the facts here, the school has a special relationship to Mele in terms of principle and student relationship. The relationship indicates that the school principle has a duty towards its students in any circumstances in accordance to his profession. In this case, the school principle should have acted when he knew that Sia was mentally ill. Justice Winneke in Richard v State of Victoria (1969) VR 136 states that a principles duty is as follows: à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‹Å"It is the need of a child of immature age for protection against conducts of others, or himself, which may cause injury, or indeed himself, joined with the fact that, during school hours, the child is beyond the control and protection of his parent and placed under the control of the schoolmaster/principle who is in a position to exercise authority over him and afford him, in the exercise of reasonable care, protection from injury or harmà ¢Ã¢â€š ¬Ã‚ . [14] Therefore, there existed a relationship between the school principle and Mele as a student. Fair, just and reasonable Even if foreseeability and proximate relationship between the parties are satisfied it must be just, fair and reasonable to impose such a duty.[15] According to the facts here, it is in the best interest of Mele as a student and if the school principle had done his job properly such harm would not occur. Therefore, it is fair, just and reasonable and a duty of care can be imposed on the school. Furthermore in using Home Office v Dorset Yacht Co Ltd (1970) AC 1004[16] House of Lords as an authority, to who is a duty of care owed? The test of duty of care includes D reasonably foresee ability of the injury claimed by P. Foreseeable victim Here in the given facts, it is more likely that the principle would anticipate foreseeable harm that Sia might cause to other students including Mele. It is possible for the principle to foresee that his inaction, which is his failure to fully take into consideration the mental illness suffered by Sia, would cause harm to Mele. Because he had prior knowledge of Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s psychotic nature which Mary (Siaà ¢Ã¢â€š ¬Ã¢â€ž ¢s Mother) had informed him that sometimes she made threats to others. Foreseeable Zone Foreseeability would establish if the foreseeable Pà ¢Ã¢â€š ¬Ã¢â€ž ¢s are people who at that time are physically in the zone where the harm maybe expected to cause physical injury. In this scenario, the principle foresees that Sia is capable of attacking her classmates because of the first incident involving a student which she also threatens. In this sense, there is more probability that the principle knew that at any-time Sia would attack any student in school like Mele. Even if the principle did not know Mele personally he still would have foreseen the possibility that Sia could have caused any harm to any student apart from Mele. CONCLUSION: All the elements of duty of care is satisfied, thus the school owes a duty of care to Mele (c) ISSUE: Whether Fine can succeed in an action in negligence against the school for the psychological harm suffered and whether the school owed a duty of care to Fine. LAW: PSYCHIATRIC ILLNESS The general principles of negli gence are used where a claimant suffers only a psychiatric illness and physical harm. However, where a claimant suffers only psychiatric injuries, additional requirements have to be met for a successful claim.[17] Distinction must be made between a primary and secondary victim in cases of pure psychiatric injuries. The use of reasonable foreseeability test is also relevant to determine the class of persons who are most likely to recover damages which also led to rely on the test of proximity when considering the physical relationship of the witness to the accident.[18] SECONDARY VICTIM This class of person are those not within the physical zone of danger but witnesses of horrific events and suffers without himself being exposed to danger.[19] In Alcock ors v Chief Constable of South Yorkshire [1992] AC 310 House of Lords[20], secondary victims must demonstrate the four Alcock criteria in order to establish liability: Close tie of love and affection Witnesses the event with their own unaided senses Proximity to the event itself or its immediate aftermath Psychiatric injury must be a result if a shocking event APPLICATION: According to the scenario, Fine is regarded as a secondary victim since she was not within the physical zone of danger but suffers without being expose to danger that occurred. Close tie of love and affection There must be evidence of the existence of a close relationship of love and affection between the victim and the witness. This will be presumed in parent and child and spouses but must be proved in other relationships.[21] In the scenario, evidence of necessary close ties had been adduced between Mele (victim) and Fine (witness). Here, Mele is Fineà ¢Ã¢â€š ¬Ã¢â€ž ¢s daughter. Therefore, it indicates a close tie of love and affection. Witnesses the event with their own unaided senses This focuses on the fact that seeing the events on television is not sufficient. On the present scenario, it can be distinguished that Fine witness the event with her aided senses since she was there at the scene and saw her daughter being carried out on a stretcher with blood pouring from his face. Hence, she is unlikely to recover from psychiatric injuries caused. Proximity to the event itself or its immediate aftermath In Alcock ors v Chief Constable of South Yorkshire (1992) AC[22], the relatives that had visited the make shift mortuary to identify loved ones were held not to come within the immediate aftermath of the event. It is a well-established rule that in order to recover damages for shock the plaintiff must have been present at the scene of the accident. On the facts of the scenario Fineà ¢Ã¢â€š ¬Ã¢â€ž ¢s psychiatric injury is a result of the immediate aftermath of the event when she saw her daughter carried out on a stretcher with blood pouring from her face. Psychiatric injury must be a result of a shocking event. Lord Ackner states that à ¢Ã¢â€š ¬Ã…“shockà ¢Ã¢â€š ¬Ã‚  in the context of this cause of action, involves the sudden appreciation by sight or sound of a horrifying event, which violently agitates the mind. However, this excludes those who suffer psychiatric injury caused by buildup over a period of time.[23] On the facts of the present scenario, Fineà ¢Ã¢â€š ¬Ã¢â€ž ¢s shock involves sudden appreciation by sight of the event when she came to school and was at the scene. Therefore, seeing her daughter Mele being carried on a stretcher with blood pouring from her face gave her the sudden appreciation, thus cause her the psychiatric injury. REASONABLE FORESEEABILITY PROXIMITY-DISTANCE (AFTERMATH) It is more likely that the psychiatric injury sustained by Fine is reasonably foreseeable as a result of the school principalà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to act. This is because the principle is aware of the fact that Sia had suffered from mental illness and could have been aware of the consequences that might occur and that any person present or saw the aftermath of the event would be affected. In McLoughlin v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ Brian [1983] 1 AC 410[24], Lord Wilberforce stated that the aftermath doctrine in which one who from proximity comes very soon upon the scene should not be excluded and by way of reinforcement of aftermath cases.[25]Therefore Fine should not be excluded as she had witnessed the aftermath of the event. CONCLUSION: By applying these principles, it is likely that Fine would succeed in bringing an action against the school for her psychiatric injury. BIBLIOGRAPHY Fraser, Ian, LW 203 Torts I: Course Book, Sera Rokodi, 2011. K. M. Stanton, The Modern Law of Tort, (1994), Sweet and Maxwell, London. Michael A. Jones, Textbook on Torts, (8th Ed, 2007), Oxford University Press, New York. Tony Weir, A Casebook on Tort, (10th Ed, 2004), Sweet and Maxwell, London. Cases Alcock ors v Chief Constable of South Yorkshire [ 1992] AC 310 McLoughlin v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ Brian [1983] 1 AC 410 Home Office v Dorset Yacht Co Ltd [1970] AC 1004 Richard v State of Victoria (1969) VR 136 Smith v Chief Constable of working (1983) 76 Cr App R 234 Stephenà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER 735 Tuberville v Savage (1669) 86 ER 684 [1] W.V.H Rogers, Torts,(1994)p58 [2] Tuberville v Savage (1669) 86 ER 684 [3] Stephensà ¢Ã¢â€š ¬Ã¢â€ž ¢s v Myers (1830) 172 ER 735 [4] K. M. Stanton, The Modern Law of Tort, (1994) p 58 [5] ibid [6] Above n3 p188 [7] Smith v Chief Constable of working (1983) 76 Cr App R 234 [8] Michael A. J, Textbook on Torts, (8th Ed, 2007) p31 [9] Tony. Weir, A Casebook on Tort, (10th Ed, 2004) p46. [10] Home Office v Dorset Yacht Co Ltd [1970] AC 1004 [11] Michael A. J, Textbook on Torts, (8th Ed, 2007) p37 [12] Home Office v Dorset Yacht Co Ltd [1970] AC 1004 [13] Cited in K. M. Stanton, The Modern Law of Tort, (1994) p27 [14] Richard v State of Victoria (1969) VR 136 [15] Michael. A. J, Textbook on Torts, (8th Ed, 2007) p35. [16] Home Office v Dorset Yacht Co Ltd [1970] AC 1004 [17] I.Fraser, LW 203 Torts I, (Sera Rokodi, 2011) pg 5.24 [18] n [19] W.V.H. Rogers, Torts, (1994) p120 [20] Alcock ors v Chief Constable of South Yorkshire [1992] AC 310 [21] Tony. Weir, A Casebook on Tort, (10th Ed, 2004) p209-210 [22] Alcock ors v Chief Constable of South Yorkshire [1992] AC 310 [23] Cited in above n22 p208 [24] McLoughlin v Oà ¢Ã¢â€š ¬Ã¢â€ž ¢ Brian [1983] 1 AC 410 [25] Michael. A. J, Textbook on Torts, (8th Ed, 2007) p208

William Shakespeare s Romeo And Juliet - 1186 Words

When discussing classic love stories, William Shakespeare’s Romeo and Juliet is often included in the conversation. The tragic story of the â€Å"star-crossed lovers† (Shakespeare 6) is taught in high schools and studied in colleges. Its poetry has graced many stages and silver screens. Romeo and Juliet is also often reimagined for a modern audience. One such interpretation is West Side Story. Written by Stephen Sondheim, it made its Hollywood debut in 1961 under directors Jerome Robbins and Robert Wise. Instead of feuding families in Verona, West Side Story touts rival gangs in New York City. Although the plots of West Side Story and Romeo and Juliet themselves seem interchangeable, key differences exist that make West Side Story a†¦show more content†¦West Side Story and Romeo and Juliet both delve into battle rather quickly, making haste to display the deadly feuds between characters. This fight happens before any dialogue occurs, but it still direct ly mirrors how the initial fight in Romeo and Juliet occurs. Instead of exchanging banter, battles between the Jets and Sharks â€Å"are mild at first: a boy being tripped up, or being sandbagged with a flour sack or even spit on† (Sondheim 1.1). The early fighters of Romeo and Juliet, on the other hand, are not immediately physical with each other, aside from Sampson rudely biting his thumb toward Abram (Shakespeare 1.1.44). Moving on from the fight, Romeo and Mercutio plot to sneak into the Capulet’s ball, while Tony is convinced to go to the dance in the gymnasium. Romeo and Tony, however, have similar premonitions of â€Å"some consequence yet hanging in the stars† (1.4.114), â€Å"a miracle due† (Sondheim 1.2), ultimately predicting that fate will have a hand in the night. As balconies turn into fire escapes, female love interests are thought to be dead, and feuds end, West Side Story continues to emulate Romeo and Juliet almost seamlessly, but not quite flawlessly. A few instances seen in West Side Story ensure its independence from the Shakespearean love-story. These differences, however, strengthen West Side Story as a modern adaptation of Romeo and Juliet. Romeo and Juliet marry each other, but Tony