Personal Transformation in Times of Dilemma

Many wonder what causes one to undergo a change of psyche. It happens in times of struggle and dilemma, when the line between right and wrong is skewed. Yet the cause of one to go against what they previously valued is as unique as the situation itself. In the story Dr. Jekyll and Mr. Hyde, these transformations are seen in characters of all backgrounds. Their Jump from one end of the ideological spectrum to the other is what the story aims to spotlight. Many are put in situations of constant stress and conflict, which seem to bring out a more unfamiliar disposition.This instability brings the possibility of the characters being psychopathic, more prominently seen in the character Jekyll. When faced with moral and ethical dilemma, the characters of Stevenson's Dr. Jekyll and Mr. Hyde experience abnormal personal transformation due to distress and psychopathic episodes. These dilemmas push characters like the restrained and reasonable Jekyll to become beast-like Hyde. Constantly faced with the moral limits of his ambition, Jekyll transformed into a man with none of his prior values. The most prominent personal transformation in the story was faced by Jekyll.Beginning as a man of order, the pursuit of his twisted medical experimentations drove him to become an altered being. The altered being was Hyde, a man without the restraints and gentleman-like qualities that defined Jekyll. Stevenson's aim was to â€Å"attempt to describe the nature of an anomaly,† (Rosner. ) Whether the King 2 change Jekyll experienced is capable in all people, or Just a special few, is the question the Stevenson raised. The story featured a wide array of characters to show the many forms of transformation that people can face.Characters were given ersonalities and ideologies that were applicable to all people of the Victorian era. Utterson, an â€Å"austere† and honest man, along with Jekyll, represent the conservative side of the moral spectrum. The two men are focused and ethically restrained. While men like them were commonplace in the Victorian era, the generally straitlaced culture would also take a toll on the mind. Although he was a Lawyer, Utterson found that his ambitions were subdued by societal and personal restraints. He however remained on his original path, up until he became a close friend of Jekyll.Jekyll epresents what could be called â€Å"moral insanity,† (Rosner. ) Moral insanity is defined as â€Å"a morbid perversion of the natural feelings, affections, inclinations, temper, habits, moral dispositions, and natural impulses, without any remarkable disorder or defect of the intellect or knowing and reasoning faculties,† (Rosner. ) While initially Jekyll may not fit this description, as he continues down his dark path it becomes ever more prevalent. Moral insanity represents Hyde in Jekyll. Hyde embodies man's farthest reach from order and restraint; he attacks the innocent on impulse, and uides his life with beast-like aptitude.This savage nature does not abide well with the culture in which ne lives, as his primal ambitions are quelled by society . This side of Jekyll represents the terminal end of ambition, and the wild control it has over those who feed on it. The three main characters of the story each represent distinct dispositions: strong restraint, King 3 strong ambition, and one that is torn between the two. The restrained Utterson is conflicted with the dullness of his everyday life and his ambition to pursue the curious life of Dr. Jekyll. He sees the dark temptations that wait for him along that path, which makes him cautious.Hyde represents the burning ambition within Jekyll. Though his intellect remains, it cannot save him from the â€Å"moral weakness† that Hyde originates from. Hyde seeks to take over his other half by tempting it with wild ambition and exorbitance. From the extremes of the two previous characters, Jekyll's struggle in emphasized. The stressful dual-life th at he lives causes him to drift farther away from the norms of society. The less in touch he got with society, the more he began to pursue his dark experimentations. Hyde gained strength the more this happened, which led to an increase in psychopathic episodes from Jekyll. It was on the moral side, and in my own person, that I learned to recognise the thorough and primitive duality of man†¦ ‘ was radically both. I had learned to dwell with separation of these elements. If each, I told myself, could be housed in separate identities, life would be relieved of all that was unbearable,† (pg. 123. ) Jekyll recalls his history and struggles with the duality of man. He has seen men transformed by the weights of life, which in turn has spurred one of his own. Throughout the story, Jekyll distances himself farther and farther from societal norms.The self-inflicted alienation, combined with his Hyde personality, make him a psychopath. As his transformation into Hyde continues , so does his psychopathic symptoms. One of Jekyll's more prominent psychopathic events is when he brutally clubbed to death Sir Danvers Carew. Sir Carew was a member of Parliament and a client of Utterson. Jekyll had no connection with the man. Hyde, â€Å"having no moral or social mores that need be followed,† (Sing, King 4 Chakrabarti,) impulsively bludgeons the man then flees. This impetuous act brings to light a ferocious quality looming within Jekyll.He attempts to defend himself, saying â€Å"l cannot say I care what becomes of Hyde. I am quite done with him. I was thinking of my own character,† (pg. 53. ) While Jekyll may believe that the heinous acts Hyde commits distances the two, it actually strengthens their bond. Both Poole and Mr. Guest begin to realize that Jekyll is covering up Hyde's tracks, which makes Utterson increasingly distraught over his friend. Such a psychotic event brings about a transformation within Jekyll, by not only feeding Hyde's influe nce, but getting himself urther entwined with his other self.Jekyll's transformation takes place as he alienates himself from society in order to find salvation from his condition. Throughout the story, Lanyon recalls Jekyll's pursuit of â€Å"scientific heresies,† (pg 35. ) Though it was clear that Hyde's influence was increasing, Jekyll was able to maintain the desire to remain Jekyll. Sadly, that desire contributed to his utter transformation. Focusing on his eccentric studies, he was under constant stress from Hyde and Society. The distress he suffered from caused his mind to weaken.Lanyon saw the consequences ot Jekyll's research, stating: â€Å"He began to go wrong, wrong in his mind,† (pg. 21 . ) The point at which he went â€Å"wrong† from was the untainted Jekyll, whom Lanyon was proud to be acquainted with. What drove the two apart was their personal involvement in the sciences, as Jekyll has much more of a cause to persevere than Lanyon. Now alone, Je kyll let the sciences overwhelm and define the direction of his life. In his letter to Lanyon at the end of the story, Jekyll describes himself living under a â€Å"blackness of distress,† (pg. 107,) to whichLanyon came to the conclusion that his â€Å"colleague was insane,† (pg 107. ) Jekyll truly crumbled under the weight of his scientific salvation. Not only did it leave him weak enough for Hyde to take over his mind, but it also King 5 contributed to his psychopathic tendencies. Jekyll's dilemma tested the boundaries of scientific ambition and one's morals. He showed how those guided by logic and reason can still succumb to ferocious ambition. Stevenson carefully crafted each character of the story to show different ideological standpoints' reaction to the same dilemma.Jekyll's psychopathic episodes rought about further transformation into Hyde, as well as increased the overall severity of his psychopathy. He was battling the influence of Hyde while also trying to find a cure for his condition. He was â€Å"different in mental and physical attributes† that were â€Å"constantly at war with each other,† (Sing, Chakrabarti. ) Personal transformation was evident in this story, with distress and psychopathic episodes clearly being the cause. Whether or not such transformation is capable in everyone, Dr. Jekyll and Mr. Hyde shows that duality is strengthened by distress and psychopathy.

Defining Race and Ethnicity Essay

Whether this definition is accurate or not, this is what the terms â€Å"race† and â€Å"ethnicity† mean to me: Race is a term that describes a group of people with similar descent. I believe race is determined physical specifications such as color, language, eye shape, or even things such as blood types. Human beings as a whole are described as the â€Å"human race;† I believe this to be an accurate definition as human beings (despite color, language, or any other physical characteristics) are all the same. Genetically speaking, we are all made up of the same â€Å"parts.† The term â€Å"race† is an all-encompassing statement used to define a large group, overall. Ethnicity defines the background of a particular person or thing. This term encompasses many backgrounds and associations. Foods can be â€Å"ethnic† if they originate or are commonly consumed in a specific country or region. The same applies to human beings. One’s ethnicity may be determined by his or her birthplace, religion, of beliefs. Ethnicity does not define physical characteristics, but rather backgrounds and traits. The United States is a melting pot. This country is made up of thousands and thousands of different people from different places. The USA is home to many ethnic backgrounds; however, the population (in my opinion) is a single â€Å"race.† We are all humans, as I have previously stated. Although our ethnic backgrounds may differ in many different ways, all in all, we are one race. This is important to bear in mind. Heritage should always be recognized, as it typically is in the United States. But acknowledging the vast backgrounds that exist in this country is the most important concept of all.

Toxic Substances Control Act, United States Research Paper

Toxic Substances Control Act, United States - Research Paper Example While the enactment of codified environmental acts with TSCA has brought certain advantages in reducing health risks and negative impact to the environment in general through the course of history since the 1970s, its scope and limitations are perceived to necessitate evaluation measures that suit current demands. History Originally proposed in 1971 by the President’s Council on Environmental Quality, federal legislation for TSCA arrived at a report on ‘Toxic Substances’, detailing a defined need for comprehensive legislation in identifying and controlling chemicals whose production, processing, distribution, application, as well as disposal may pose serious threat to humans and environment alike, especially since environmental statutes back then were lacking adequate regulations. . In 1972 and the following year, bills for the 92nd and 93rd Congresses were passed by the House and the Senate respectively when certain issues rose regarding the scope of tests perfor med, economic consequence, and efficiency in comparison to other regulatory laws. TSCA was approved and officialized into law under the regime of President Ford as the latter signed for its approval on October 11, 1976, under which EPA was granted jurisdiction to address reported episodes of environmental contamination by polychlorinated biphenyls (PCBs) of Hudson River and other waterways, chlorofluorocarbon (CFC) emissions toward gradual stratospheric ozone depletion, and polybrominated biphenyls (PBBs) with agricultural impact. Estimating optimum levels of costs imposed upon TSCA implementation as well as related provisions inventory and hazard notifications were also required for EPA to maintain besides pertinent screening procedures and control of existing industrially used toxic chemicals. Major amendments to the TSCA initially comprised in a single title included Asbestos Hazard Emergency Response Act under Public Law Number 99-519 (Title II) in 1986 which enabled EPA to set standards for asbestos mitigation in schools, requiring asbestos contractors to be trained and certified as well. Radon Program Development Act in 1988 followed by Radon Measurement two years later, as stated in P.L. 100-551 (Title III) and P.L. 101-508 correspondingly contained directions for EPA to provide technical assistance to states that opt to support monitoring and control of radon. Asbestos School Hazard Abatement Reauthorization Act under P.L. 101-637 moreover was enacted in 1999 whereas the Residential Lead-Based Paint Hazard Reduction Act of 1992 through P.L. 102-550 (Title IV) was sought to be carried out in providing assistance leading to abatement of lead-based paint hazards. Through Title V, similarly, environmental concerns at schools along with energy efficiency were dealt with by the Energy Independence and Security Act of 2007 within P.L. 110-140 while Title I was further amended in terms of sales restrictions for elementary mercury in 2008 being authorized by Me rcury Export Ban Act under P.L. 110-414. TSCA Coverage / Content One chief objective of TSCA was to enable producers to develop test data, directing EPA to require such on existing chemicals in case – (1) the manufacture, processing, distribution, use, or disposal of the chemical ‘may present an unreasonable risk’ or (2) when the chemical is produced in substantial quantity by volume, posing the threat of being released to the environment in equivalent or proportional amount which entails a range of measureable impact upon a populace of high biodiversity. Since there were more than

Finance Questions Essay Example | Topics and Well Written Essays - 250 words

Finance Questions - Essay Example Enron established several limited liability special purpose entities which kept inflating its stock price untill the scandal was discovered. Similarly, Satyam, an Indian IT firm was found guilty of forging account books by creating fictitious assets in a sister company. 3. The concept of time value of money can be used to calculate the monthly installment to be paid for a mortgage for a given time period. Similarly, if a person can’t pay more than a certain amount per month, the number of years of payment of mortgage can be calculated using the time value of money. 4. The primary risk for investment in bonds in interest rates. Hence, in a rising interest rate scenario, bonds will give lower returns. Higher inflation also makes bonds less attractive. Other risks associated with bonds are default risk of the issuer, lack of liquidity in the market and provision of call back (Hofman, 2010). 5. Zero coupon bonds pay the entire interest at maturity unlike other bonds and generally give maximum yields. High net worth investors looking for long term investments generally invest in these bonds. Banks and big corporations are interested in these bonds. 6. Risk is incorporated in capital budgeting by either by using a higher discount rate or by requiring a higher annual return on the project. Systemic and unsystemic risks are included by using Beta and standard deviation of the returns. Hofman, Julian. 2010. Bond risks and rewards. Retrieved online 07 February, 2012 from

Pediatric Growth and Development Research Paper

Pediatric Growth and Development - Research Paper Example e conflict occurs as children try to act like grown ups and takes up goals or activities which are beyond their capacity and which are in conflict with parents or family members (Shaffer, 2009, p. 42). Feeling of guilt occurs as a result and hence, achieving ‘balance’ between initiative and encroaching upon rights or privileges of others is the challenge as it leads to successful resolution of the conflict (Shaffer, 2009, p. 42). The fourth stage (‘industry versus inferiority’), in which teachers and peers are significant social agents, occur between 6 to 12 years of age (Shaffer, 2009, p. 42). In this stage, children compare themselves with peers and hence, must master academic and social skills to feel self-assured (Shaffer, 2009, p. 42). Otherwise, feeling of inferiority develops if they fail to acquire the skills which others have (Shaffer, 2009, p. 42). The fifth stage (‘identity versus role confusion’), in which the key social agent is the society of peers, occurs between 12 to 20 years of age (Shaffer, 2009, p. 42). The challenge for adolescents is to avoid being confused about their identity by establishing basic social and occupational identities (Shaffer, 2009, p. 42). The sixth stage (‘intimacy versus isolation’), in which the key social agents are lovers, spouses and close friends, occurs between 20 to 40 years (Shaffer, 2009, p. 42). The challenge is to achieve companionship through strong friendship or else loneliness result (Shaffer, 2009, p. 42). The seventh stage (‘generativity versus stagnation’), in which the key social agents are spouse, children and social norms, occurs between 40 to 65 years (Shaffer, 2009, p. 42). The challenge is to maintain ‘generativity’ by being productive or supporting young people, as failure or... The main purpose of this research paper was to describe several development theories to the reader. Firstly, the researcher focuses on analysis of Psychosocial Development theory by Erickson, who understood that people can display healthy psychological adjustment only when they are able to resolve the psychological conflicts that they experience in life. In his theory, Erikson’s proposed eight stages (or psychosocial crisis) of developments, which occur during different ages of human life. Secondly, the researcher analyzed Freud's Psychosexual Development theory. Freud discovered that the mental disturbances that his patients experienced often revolved around the sexual conflicts which were repressed during their childhood. The researcher deeply decribes each of the five stages of this theory. Thirdly, the researcher analyzes Cognitive Development theory done by Jean Piaget, a Swiss psychologist. Children’s way of perceiving and mentally representing the world is the fo cus of cognitive development theory. Four stages of this theory were discussed in the research paper. Fourth theory analyzed by the researcher and presented in the paper was Kohlberg’s Moral Development theory. The researcher describes that Kohlberg developed the theory that tried to encompass those ideas which were not addressed in Piaget’s theory. Kohlberg has explained the moral development in three levels, consisting of two stages each. The levels and the stages are described in the research paper as well.

Management Assignment Example | Topics and Well Written Essays - 1750 words

Management - Assignment Example 329). Leadership has many functions that bring the team closer to their goals to carry out .The significance of leadership is reflected in the following functions: providing inspiration to employees, securing cooperation in the team, creating confidence among individuals, providing a conducive environment for employees, implementing changes, maintaining discipline among the members, representing them, and setting goals. (Murugun, pg.328) There are many factors that affect how a manager exerts leadership. The most important and the first one that comes to mind is his personality. Leadership style largely depends on the nature of a manager. Moreover, the experiences of a manager also define his leadership style. He may lead in a certain way because his practices and situations in the past expect him to go forward in that manner. In addition to that, it is also based on the beliefs and values of the leader. He will also manage and lead his team according to the organisation's environment, culture and needs. To get to the point, there are a number of leadership styles, defined by a number of individuals. For example, Likert's four main leadership styles: Exploitative authoritative, Benevolent authoritative, Consultative and Participative styles (Likert 1967). Or , for example, Goleman's, Boyatzis' and McKee's (2004) six emotional leadership styles: The Visionary Leader, the Coaching Leader, the Affiliative Leader, the Democratic Leader, the Pace-setting Leader and the Commanding Leader. But in this paper, we will only go over the ten most common ones out of which the first three are Lewin's Leadership styles (Lewin, Lippit and White 1939): 1. Autocratic leadership 2. Democratic leadership or Participative leadership 3. Laissez-faire leadership 4. Bureaucratic leadership 5. Charismatic leadership 6. People-oriented leadership or Relations-Oriented leadership 7. Task-oriented leadership 8. Servant Leadership 9. Transactional leadership 10. Transformational leadership Autocratic Leadership Style is a rigid way of leading. It is when the leader feels no need to consult his team members before making important or even unimportant decisions. This makes one think that it will essentially de-motivate workers or employees. This is, in fact, very true so ideally, this style is adopted when not seeking employees' input doesn't motivate or de-motivate them. It could be implemented in a situation where employees are inexperienced and are unable to make decisions for themselves let alone for the team as a whole. It could also be used in a situation where the leader is extremely experienced, competent and blindly trusted by the team members. The limitations of this style of leadership are apparent; it leads to de-motivation and low self-esteem of the subordinates. They are never allowed to make decisions, even the smallest ones, and this puts pressure on their self-actualization or self-realization needs. Their job satisfaction must be close to nil. It discourages subordinates that could be potential managers and leaders to reach their aptitude. It seems like this style of leadership would hardly produce leaders in the future. Furthermore, an autocratic leader creates a very unfriendly and peculiar environment which prevents employees from showing any innovation at all. Democratic

Electro-Magnetic Wave Propagation for the course Propagation and Research Paper

Electro-Magnetic Wave Propagation for the course Propagation and Antennas - Research Paper Example This paper discuss the properties of waves during propagation. I. Introduction Electromagnetic radiation otherwise abbreviated as EMR refers to forms of energy which are produced by oscillating magnetic and electric disturbances or by movement of electrically charged particles travelling through matter or a vacuum [1]. Electromagnetic Radiation is in the forms of waves. These waves include: Radio Waves, Microwaves, Infrared, X- rays and Gamma-rays [1]. The magnetic and electric fields resulting in the electromagnetic waves interact by coming together at right angles to each other and these combined waves move perpendicular to both electric and magnetic oscillating fields and as a result, the disturbance is caused [2]. The resulting electron radiation is released in bundles of light energy which travel at a speed of 299Â  792Â  458 m / s, equivalent to the speed of light, as quantized harmonic waves. These electromagnetic waves are grouped according to their wavelength and these res ults in the electromagnetic spectrum [3]. The resultant magnetic and electric waves move perpendicularly to each other having certain characteristics which are Amplitude, frequency and wavelength [2]. From the origin of the electromagnetic wave, it is propagated outwards in all directions however depending on the type of medium in which it is travelling [2]. For instance if its air, the wave spreads out in a uniform manner in all directions in the medium [4]. After the wave has moved far from its origin, the wave is considered to have spread enough and it appears as though it has it has the same amplitude everywhere which is perpendicular to its direction of flow [4]. And this results in a plane wave. The electromagnetic wave’s speed is equivalent to light speed in a vacuum. When the waves travel in other medium such as water air, and glass, the speed is slower as compared to that in a vacuum [4]. Characteristics of these electromagnetic waves during propagation include; II. Interference This is the process in which two waves superposes to form one resultant wave. For interference to occur, the source of the waves must be coherent [5]. If two electromagnetic waves having the same frequency get together i.e. they superpose, it results into a wave which has the resultant magnetic and electric field strength equal to the sum of fields of the two waves [5]. When two strong waves moving that have their fields moving in one direction, i.e. same direction in time and space, the resulting waveform is twice that of each individual waveform. This results in constructive interference. However, the superposition of a wave having an electric field in one direction in space and with another electromagnetic radiation wave which has the same frequency but with an electric field in the opposite direction in space and time results in cancellation and a result, there is no formation of a waveform [6]. This implies that the two waves are not in phase. The resultant effect is termed as destructive interference. In summary, superposition of wave’s results in destructive, constructive or partial interference considering the magnitude of the waves being superposed [1]. III. Reflection During the transit of electromagnetic wave from one medium into another, and the two media having different refractive index, the speed of the wave changes the transmitted is made to change

I know why the caged bird sings(Author- Maya Angelou) Essay

I know why the caged bird sings(Author- Maya Angelou) - Essay Example This is through establishing broad vision of black women in the American culture. Based with her childhood life, Maya focuses on her effort and struggle to overcome restrictions that have been placed upon her in antagonistic environment. In order to escape from the traditional ways of life, she frequently asks questions, which are her strategic tools to shape her strength. This is relevant to women in the modern world since they are denied chances to express their opinion. However, their voices can lead to self empowerment thus relieving them from societal bondage (Angelou 18). Chapter 15 of the book features racism as another major issue in the society. This is depicted by Maya, who is a little Black girl brought up in a society where racism surrounds her. When Maya visits a dentist, he refuses to treat her indicating that he will rather lay his hand on his dog’s mouth than in Negro’s (Angelou 25). Racism in this book relates to the modern world where Africans are treated unequally in the American society. In Chapter 17, the author has used the life of an African American woman struggling to escape from the cruel and oppressive world. In this case, she depicts how racism has caused oppression of African Americans, thus preventing them from getting freedom and happiness in their lives. This portrays what African Americans faces in American society before they were granted full citizenship (Angelou

International Agreement of two companies Coursework

International Agreement of two companies - Coursework Example The decision of arbitrator is binding and easy to implement. CheapStock Corporation and George Limited are engaged in an agreement for five years. According to the contract, the involved parties should ask for arbitrator’s involvement if there is some dispute or disagreement. George Limited soon after a year wanted the termination of the agreement, which is regarded as a violation of the agreement by CheapStock due to which, suitable arbitration process is required. This paper includes a number of laws related to breach, termination of agreement and arbitration. Basis of Arbitration Arbitration is consensual: Arbitration process can be implementable if both parties agreed on it. In order to resolve the issues through arbitration, the parties at the time of agreement includes arbitration clause in it. The parties in disputes may refer the matter to arbitrator by submission of agreement executed between them. No one can withdraw from arbitration unilaterally1. The parties choose the arbitrator: Under the Arbitration rules parties can chose sole arbitrator to settle the disputes. Arbitration is neutral: The applicable law, language and venue of the arbitration is utmost important. Arbitration is a confidential procedure: In specific circumstances, the Rules empower a party to restrict access to its trade secrets or other confidential information to the arbitral tribunal or its advisor. The decision of the arbitral tribunal is final and legally enforceable by both sides2. Merits and Demerits of Arbitration Merits of arbitration are a) if the disputed matter is highly technical, arbitrators should have an expertise to deliver b) it is faster than the court proceedings c) cheaper and flexible d) its proceedings can be made confidential e) here language of arbitration can be chosen, whereas in judicial proceedings it cannot be chosen f) easily enforceable g) it limits the duration of the dispute and associated liability3. Demerits of arbitration are i) highly c omplex ii) in case arbitration is mandatory and binding, the parties deprive their rights to access the courts iii) ambiguous decisions cannot be reverted since limited scope for an appeal iv) fewer enforcement options than judgments in other legal systems v) not directly enforceable4. Arbitration Agreement In theoretical terms, it is a consensual process duly agreed by both the parties to comply with. Such sorts of agreement can be categorized as: a) if a dispute arises; it can be resolved through arbitrator b) submission agreements are those that signed after a dispute has arisen5. In the common wealth countries, the earlier is considered suitable. In the cited countries, each executor has to bear the cost in conventional arbitration and not in submission agreement. The law accepts validity of arbitration clauses in spite of its language not linked with legal contracts. Those clauses are: a) English law is applicable if venue arbitration is London b) suitability of clause c) if it is in line with the ICC Rules in London6. The competent court of law respect the clauses to resolve the disputes provided i) arbitrator should take into account the principles of practical business ii) globally acclaimed principles of law governing

Health law Essay Example | Topics and Well Written Essays - 750 words

Health law - Essay Example These acts highlighted the need to protect citizens from domestic bioterrorism. The bioterrorist threat urged the public agencies and officials at all levels of government to give some coordinated response. In this paper we analyze North Carolina communicable disease control laws highlighted in the article of Moore Responding to Biological Threats: The Public Health Systems Communicable Disease Control Authority. In North Carolina communicable disease control laws give state and local public health officials numerous powers and duties to control the spread of communicable diseases. Public health officials receive reports of communicable diseases and conditions from physicians and other parties, investigate individual cases of communicable diseases and disease outbreaks, conduct disease surveillance activities, provide certain clinical and laboratory services, educate the public about communicable diseases and conditions, and attempt to ensure that individuals comply with communicable disease control measures. (Moore, 2001) Commission for Health Services promulgates communicable disease control rules ad grants the authority to the state health director to examine patient records pertaining to communicable diseases and to order isolation or quarantine in appropriate circumstances. Local health directors are also empowered to ‘limit the freedom of movement’ of the person. (Moore, 2001) The reporting by public health providers is the disclosure of health information that is ordinarily considered confidential. The disclosures are required by law to avert serious threats to health or safety. The disclosure of communicable disease information is regulated by two laws: the federal medical privacy rule (also known as the HIPAA privacy rule), and a state statute that addresses the confidentiality of communicable disease information.(Moore, 2001) These are the main issues we want to discuss in our paper. These regulations are

The Great Gatsby Essay Example for Free

The Great Gatsby Essay In the novel, The Great Gatsby, F. Scott Fitzgerald uses the character of Nick Carraway as his mouthpiece, his own little spy in the lives of the characters in the novel to relate back the events happening. Because of this, there are a number of things which we need to bear in mind about his narration such as to what degree it could be biased and how the first person descriptive effects the way that we portray Nick. First being introduced into the novel, Fitzgerald has Nick Carraway talk about some advice that his father had given him when he was younger, therefore enlightening us to the way that he was brought up and how it has affected the way he is now. He still remembers the words: â€Å"Whenever you feel like criticizing any one, just remember that all the people in this world haven’t had the advantages that you’ve had. † This reveals to us that Nick is not of lower class and is very well educated, which is further reinforced by the fact that he went to Yale, one of the most highly esteemed colleges in the country. Nick explains how doesn’t judge a person, which has therefore â€Å"opened up† people to him as they shared their troubles with him. However, we also get the impression that he is uninterested in the petty problems of people’s lives, as the comparison of â€Å"curious natures† to â€Å"veteran bores† is used, suggesting that while some of the people who confided in him intrigued him, others may have just left him sitting there offering mild condolences, a â€Å"victim† who’s subject to listen to their inconveniences when they were â€Å"unsought†: he didn’t look for people to come and talk to him, they came to him. Whether this proves that he is a trustworthy character is debatable; if he told everyone about the â€Å"secret griefs† that he was privy to then he wouldn’t be trusted and have people coming to speak to him, and yet he frequently deceived the people who sought after him, feigning â€Å"sleep, preoccupation or a hostile levity† when they tried to speak, which makes you wonder what else he could have done in the lines of deception, and whether or not it went further than just lying to avoid people. It would seem that he is very good at getting along with people in public and on the surface, whilst analysing them in private, to us, the readers. The reader learns soon on that Nick is from the Middle West, but moved further east to West Egg where he’s living now to learn the bond business. West Egg and East Egg are both enormously wealthy suburbs of New York City, located on Long Island where they face the ocean, but there is a clear differentiation between the two. East Egg is the home of the aristocratic people with inherited fortunes gathered over generations, roots running deep in American society. These people place great value on tradition, family background, manners and social convention, and look at people who weren’t born into their kind of wealth – â€Å"old money† – with contempt. Those who live in West Egg are also very wealthy but they lack the sense of entitlement that those in East Egg have, as they earned their money and weren’t born into it. They aren’t as ‘polished’ or ‘refined’ in their manners, and can therefore never fit in with those from the East Egg; they lack the background of a well established family. Nick himself is â€Å"descended from the Dukes of Buccleuch†, so therefore has a rather esteemed lineage in his own right, and yet he lives a rather modest life in the West Egg in a small house he describes as an â€Å"eyesore† next to the large mansion next door belonging to Gatsby; he isn’t drowning in wealth himself, but he is connected to people like his neighbour, Gatsby, and Tom and Daisy Buchanan. Because of this, he has an insight in to what happens in the lives of these people, and this is what Fitzgerald will have intended: Nick relates what goes on from the inside, acting as the eyes, ears and mouthpiece for Fitzgerald. Although the intention of using Nick as the narrator may have been for him to give a rather objective viewpoint of the story’s events, that wasn’t truly the way that it was portrayed. Yes, he’s an outsider compared to the rest of the characters, having only recently moved to the West Egg himself and therefore not knowing too much about the lifestyles that these people are living, other than the fact that they are rich. However, he has former opinions of the characters he meets in chapter one which may or may not have clouded the way in which he describes them. Daisy Buchanan is his second cousin once removed, and it is clear that he is taken by her: he describes her as â€Å"charming† with a â€Å"low, thrilling voice† that was difficult to forget, which is a rather biased opinion of her; of course, we are still shown some of her carelessness and snobbish ways, but they are mainly through her actions, little things between the lines that could be easily overlooked if one didn’t know what to look for. Tom Buchanan on the other hand is introduced differently; through Nick, Fitzgerald first describes how he is a wealthy, athletic figure, listing his achievements and purchases before describing the man himself: he is portrayed as an arrogant man, having a â€Å"supercilious manner† and â€Å"established dominance†, thinking he’s superior to everyone around him and especially the black race as he describes how thinks it’s up to themselves, â€Å"the dominant race† to make sure that they keep the control and not any other races. He is generally described much more negatively by the narration of Nick, and this influences the way in which we perceive Tom as the automatic ‘bad guy’ in Chapter One. This perception is only accentuated when the reader finds out that he is cheating on Daisy with a woman in New York, and that men at New Haven (the college that he and Nick both attended) â€Å"hated his guts. † It is clear that he is a powerful man as his physique is referred to numerously, like the â€Å"enormous power† of his body and the â€Å"great pack of muscles† he had. He filled his boots until he â€Å"strained at the top lacing†, which could be likened to the saying that someone is too big for their boots – Tom is, both in the literal sense and the way in which he thinks that he is more important and powerful than everyone else. Heck, Fitzgerald even describes how Nick seems to think he radiates the â€Å"I’m stronger and more of a man than you are† vibe! Considering the fact that Fitzgerald has Nick introduce himself as an honest man who is â€Å"inclined to reserve all judgements†, we as readers don’t really get this impression from him in the first chapter. Not only does he already have – possibly subconscious – opinions of the Buchanans, he also has â€Å"unaffected scorn† for his neighbour Jay Gatsby, and all that he represents. However, he also says that there is â€Å"something gorgeous† about him, highlighting the fact that not only is he contradicting his previous statement when he said that he reserves judgements, but he’s contradicting his own opinion of the same man in only the next sentence! Because of all these things combined, it is uncertain to what degree the narration of Nick Carraway is actually reliable, as his own opinions can get in the way and make the narration biased. Overall, I think that Nick is portrayed as a fairly honest man in this first chapter of the novel, The Great Gatsby, but because of a few underlying things that could be picked up on, that may not be the full extent of his character. His opinion of things, even in the first chapter, contradicts itself; this not only puts into question which opinion we should agree with, but also makes us doubt his reliability as a narrator, which then in turn makes us wonder to what extent the story is accurate and in how much of it has had the illusion of the lifestyle the characters are living take over the actual reality.

Comparing Political Philosophies Essay Example for Free

Comparing Political Philosophies Essay Social contract or contractarian (use at least two philosophers in your description) Classic liberalism or libertarianism (use at least two philosophers in your description) Marxism (use at least one philosopher in your description) Communitarians (use at least one philosopher in your description) Capabilities approach (use at least one philosopher in your description) Follow your descriptions with a conclusion answering the following questions: How are these theories similar to one another? How are they different from one another? Do you find one philosophy more compelling than the others? If so, why? Contractarianism The social contract or political contract is a theory or model, originating during the Age of Enlightenment, that typically addresses the questions of the origin of society and the legitimacy of the authority of the state over the individual. Social contract arguments typically posit that individuals have consented, either explicitly or tacitly, to surrender some of their freedoms and submit to the authority of the ruler or magistrate (or to the decision of a majority), in exchange for protection of their remaining rights. The question of the relation between natural and legal rights, therefore, is often an aspect of social contract theory. The most important contemporary political social contract theorist is John Rawls, who effectively resurrected social contract theory in the second half of the 20th century, along with David Gauthier, who is primarily a moral contractarian. Marxism Under Marxism, outdated class structures were supposed to be overthrown with force instead of being replaced through patient modification. It held that as capitalism has succeeded feudalism, it too will be removed by a dictatorship of the workers called socialism, followed quickly and inevitably by a classless society which governs itself without a governing class or structure. It was jointly developed in the 19th century by two lifelong German friends living in London Karl Marx and Friedrich Engels and it forms the foundation of communism. Classical Liberalism Classical liberalism is a political philosophy and ideology that emerged as a response to the Industrial Revolution and urbanization in the 19th century in Europe and the United States. It shares a number of beliefs with other belief systems belonging to liberalism, advocating civil liberties and political freedom, limited government, rule of law, and belief in free market. Classical liberals were more suspicious than conservatives of all but the most minimal government and, adopting Thomas Hobbess theory of government, they believed government had been created by individuals to protect themselves from one another. Comparison -Marxism is completely centrally controlled economy in which labor is directed (the government tells you where you will work) and goods and services are rationed based on a bureaucratic determination of need. Liberalism is when the government has an obligation to make sure that people live comfortably regardless of a persons actual contribution to making their own comfort possible. So while they wish to control the financial situation they generally favor a high degree of social freedom. Contractarianism suggests that the central assertion of social contract approaches is that law and political order are not natural, but are instead human creations. The social contract and the political order it creates are simply the means towards an end — the benefit of the individuals involved — and legitimate only to the extent that they fulfill their part of the agreement. References http://en. wikipedia. org/wiki/Social_contract http://en. wikipedia. org/wiki/Classical_liberalism http://www. businessdictionary. com/definition/Marxism. html Philosophy: The Power of Ideas (8th ed. ) (Moore and Bruder).

Project Performance Evaluation by Earned Value Analysis

Project Performance Evaluation by Earned Value Analysis Project Performance Evaluation by Earned Value Analysis – A Case Study Abstract- Earned Value management (EVM) is a well-known project management tool that uses information on cost, schedule and work performance to track the current status of the project. It uses information on cost, schedule and work performance to establish the current status of the project. The calculation of earned value is a very effective tool in measuring the progress of contractors in external projects. Computation of earned value can be part of an audit activity, or it can be integrated into the progress monitoring system. The concept of earned value is generally used in the context of fixed price contracts where the objective is to calculate the amount of payment that is due to the contractor. Keywords- Project Performance Evaluation, Earned Value, Cost Control, Forecasting INTRODUCTION Earned value analysis is a project control technique which provides cost and schedule performance measurements of the project. It is a frequently used method of performance measurement for projects. It integrates the project scope baseline and the cost baseline, along with the schedule baseline, to form the performance baseline, which helps the project management team assess and measure project performance and progress. EVM provides project managers and the organization with triggers or early warning signals that allow them to take timely actions in response to indicators of poor performance and enhance the opportunities for project success. Better planning and resource allocation associated with the early periods of a project might be the cause of this reliability. EVM IN CONSTRUCTION PROJECTS EVM can be used for progress payments to contractors based on the earned value (EV) of contracted or outsourced work. Since such contractual arrangements create legal and financial obligations, it is important to consider the method specified for evaluating progress. These methods and tools for the determination of progress should be carefully considered and negotiated to achieve a fair and equitable environment that encourages successful accomplishment of contracted or outsourced project items. Once a project has advanced to a stage of performance, the consistent and constant flow of information on the true status of the project is essential. EVM is a methodology that associates project scope, schedule, and resource measurements to analyse project performance and progress. The fundamental principle of EVM is that the patterns and trends of performance, when compared against a soundly developed baseline, can be excellent predictors of the future project performance. Feedback is critical to the success of any project. Getting the relevant feedback in time enables project managers to identify problems early and make adjustments that keeps a project on time and on budget. EVM is considered by many to be one of the most effective performance measurement and feedback tools for managing construction projects. In EVM system, the three parameters that influence the project performance control are: Planned Value (PV) Planned value (PV) is the sanctioned budget assigned to a scheduled work. It may also be known as the Budgeted Cost for Work Scheduled (BCWS). This budget is allocated by phases over the life of the project, but at a given moment, planned value outlines the physical work that should have been accomplished. The overall PV is sometimes referred to as the performance measurement baseline (PMB). The total planned value for the project is also known as budget at completion (BAC) [1]. Earned Value (EV) Earned value (EV) is the measure of work performed at a specific point in time, expressed in terms of the authorized budget for that work. The EV being measured needs to be related to the PMB, and it cannot be greater than the authorized PV budget for a component. The EV is often used to calculate the percentage completion of a project. Progress evaluation criteria should be established for each work breakdown structure (WBS) component to measure work in progress. The earned value methodology used to plan the baseline should be used consistently to determine the earned value. Project managers monitor EV, both incrementally to determine current status and cumulatively to determine the long-term performance trends [2], [1]. Actual Cost (AC) Actual cost (AC) is the realized cost incurred for the work performed during a specific time period. It is the total cost incurred in achieving the work that the EV measured. In order for EVM analysis to be reliable, AC must be recorded in the same time period as EV and for the same activity or work breakdown structure component as EV. Fig. 1 shows the actual cost at time now, and indicates that the organization has spent more than it planned to spend in order to achieve the work performed to date. Fig. 1 Earned Value curve for a project over budget and behind schedule LITERATURE REVIEW Previous researches done on the EVM indicate that it is definitely one of the better practice to monitor a project. Therefore in this project we will be considering Earned Value Analysis for research purpose. Pramod M et al. (2014), recognise that the absence of an effective system for monitoring and controlling project cost is the main reason for cost escalation and delays in the project. Their study considers Earned Value analysis and Earned Schedule concept as the two monitoring systems which can be used to monitor a construction project. The study was done on a residential apartment in Bangalore. They concluded their research by saying, Earned Value Analysis is a great monitoring system for project cost control when the required information are cost oriented [3]. Jose Angelo Valle and Carlos Alberto Pereira Soares (2012), did a critical review of the application of EVA for the Amusement Park named Monica Park in Brazil, which was is documented with reports, graphs, analyses and comments. EVA had a relevant role in the integrated management of the project scope, time, progress, cost and risks and the procurement. Because of the implementation of EVA, the project finished on time and on budget. The findings of the case study are analysed and concluded with 10 recommended steps for future implementation of the EVA process [4]. Antony Prasanth M A and K Thirumalai Raja (2014), selected Integrated housing and slum development program (IHSDP) located in Mattampuram, Thrissur, Kerala, for case study. Budgeted cost of work performed was compared against actual cost of work performed and budgeted cost of work scheduled to assess cost and schedule variances, respectively. Based on the collected data, schedule of the project and cost for individual activities had prepared. It gave an idea of cost and time required for individual activities and for the entire construction. S-Curve was drawn showing the relationship between duration and cost of the project. From the calculation of various project performance indicators, they arrived at conclusion that the project has an unfavourable schedule variance of 9.5 which meant the project was behind schedule. A SPI of .62 and a CPI of 0.82 was obtained. EAC of 411.20 lakhs was obtained which is 74.02 lakhs more than the BAC at 337.18 lakhs [5]. EVM PERFORMANCE ANALYSIS AND FORECASTING PARAMETER Calculating Project Performance EVA analyses project performance by calculating performance variances and performance indices. Common variances include: Schedule Variance (SV):Schedule variance (SV) is the amount by which the project is ahead or behind the planned delivery date, at a given point in time. It is a measure of schedule performance on a project. It is equal to the earned value (EV) minus the planned value (PV). The EVM schedule variance is a useful metric which can indicate when a project is falling behind or is ahead of its baseline schedule. The EVM schedule variance will ultimately equal zero when the project is completed because all of the planned values will have been earned. Cost variance (CV):Cost variance (CV) is the amount of budget deficit or surplus at a given point in time. It is a measure of cost performance on a project. It is equal to the earned value (EV) minus the actual cost (AC). The cost variance at the end of the project will be the difference between the budget at completion (BAC) and the actual amount spent. Schedule performance index (SPI):The schedule performance index (SPI) is a measure of schedule efficiency expressed as the ratio of earned value to planned value. SPI indicates the rate at which the project is progressing. It is sometimes used in conjunction with the cost performance index (CPI) to forecast the final project completion estimates. An SPI value less than 1.0 indicates less work was completed than was planned. An SPI greater than 1.0 indicates that more work was completed than was planned. Cost performance index (CPI):The cost performance index (CPI) is a measure of the cost efficiency of budgeted resources, expressed as a ratio of earned value to actual cost. It is considered the most critical EVM metric and measures the cost efficiency for the work completed. A CPI value of less than 1.0 indicates a cost overrun for work completed and greater than 1.0 indicates a cost underrun of performance to date. Performance Forecasting As the project progresses, forecasts can be developed for cost and schedule performance. Common forecasting data includes: Estimate to Complete (ETC):The estimate to complete (ETC) is the expected cost needed to complete all of the remaining work for a control account, work package, or the project. The most accurate method is to develop a new, detailed, bottom-up estimate based on an analysis of the remaining work. Estimate at Completion (EAC):Estimate at completion (EAC), is the expected total cost of a control account, work package, or the project when the defined scope of work will be completed. The EAC is typically based on the actual cost incurred for work completed (AC), plus an estimate to complete (ETC) for the remaining work. Variance at Completion (VAC):The cost variance at completion (VAC), derived by subtracting the EAC from the BAC, forecasts the amount of budget deficit or surplus at the end of the project. The VAC shows the team whether the project is forecasted to finish under or over budget. This can be expressed as a percentage by dividing VAC by BAC. To complete performance index (TCPI):The TCPI is a comparative measure. It compares work completed to date with budget required to complete the remaining work. The TCPI data can be used as the basis for a discussion which explores whether the performance required is realistically achievable. It is the ratio of remaining work to the remaining budget. TABLE I EVM AS IT RELATES TO PROJECT MANAGEMENT SITUATIONS Project Management Questions EVM Performance Measures Formula Schedule Analysis Forecasting: To know the status of project Time-Wise. Are we ahead or behind schedule? Schedule Variance (SV) SV = EV/PV How efficiency are we using time? Schedule Performance Index (SPI) SPI = EV/PV Cost Analysis Forecasting: To know the status of project Cost-Wise. Are we under or over our budget? Cost Variance (CV) CV = EV-AC How efficiently are we using our resources? Cost Performance Index (CPI) CPI = EV/AC How efficiently must we use our remaining resources? To-Complete Performance Index (TCPI) TCPI = (BAC – EV)/(BAC – AC ) What is the project likely to cost? Estimate at Completion (EAC) EAC = BAC/CPI Will we be under or over budget? Variance at Completion (VAC) VAC = BAC-EAC What will the remaining work cost? Estimate to Complete (EAC) ETC = (BAC-EV)/CPI CONCLUSIONS The study of various research works and case studies give an idea that Earned Value Analysis is a great monitoring system for project cost control. Therefore, in this paper I will be making an attempt to apply and analyse the use of EVM on a live project based on the findings and guidelines of the references. REFERENCES [1] PMI, A Guide to the Project Management Body of Knowledge (PMBOK), 4th Edition, Project Management Institute, USA, 2008. [2] PMI, Practice Standard for Earned Value Management, 2nd Edition, Project Management Institute, USA, 2005. [3] Pramod M, K. Phaniraj and V. Srinivasan, â€Å"Monitoring System for Project Cost Control in Construction Industry†, in International Journal of Engineering Research Technology (IJERT), Vol. 3, Issue 7, pp. 1487-1491, July 2014. [4] Jose Angelo Valle and Carlos Alberto Pereira Soares, â€Å"The Use of Earned Value Analysis (EVA) in the Cost Management of Construction Projects†, International Journal of Engineering and Innovative Technology, pp1-11, Mar 2011. [5] Antony Prasanth M A and K Thirumalai Raja, â€Å"Project Performance Evaluation by Earned Value Method†, International Conference on Engineering Technology and Science, Volume 3, Special Issue 1, Feb. 2014.

New York vs. Willow Springs in Mama Day Essay -- Comparing Compare Con

New York vs. Willow Springs in Mama Day The soft island breeze blows across the sound and the smell of the sea fills the air in Willow Springs. Meanwhile, a thousand miles away in Lower Manhattan the smell of garbage and street vendors’ hotdogs hangs in the air. These two settings are key to Gloria Naylor’s 1988 novel Mama Day where the freedom and consistency of the Sea Islands is poised against the confinement of the ever-changing city, two settings that not only changes characters’ personalities but also their perceptions. On the surface the two places seem to share no similarities and represent different aspects. There are, however, some similarities, among which is the effect of the setting on the characters. Naylor demonstrates through the characters Cocoa Day and George Andrews that a person’s surroundings affect the way they behave and either allows or permits them to believe in certain aspects of life, especially in respect to believing in magic or logic. The first setting introduced in Mama Day that affects significantly George and Cocoa is the island of Manhattan. This society separated from the mainland represents a plethora of opportunity. It is only in a city like New York where a child like George who was left with nothing on the doorstep of an orphanage could become a successful, disciplined engineer. It is also in the city where we are first introduced to Cocoa looking for her opportunity for success. While waiting to be interviewed by George for a job, Cocoa observes a variety of people in the waiting area, which was representative of the diversity of the city: â€Å"one very very gay Oriental†¦Cherry Vanilla† (Naylor 20). In addition to diversity, the city is a place of constant change, wher... ...Perhaps if we focus more on the impact of the setting on character’s behavior and ideals in novels such as Gloria Naylor’s Mama Day, we can develop a better understanding of the true essence of a novel. Through analysis it is evident that the setting impacts not only the characters, but also affects the behavior of the characters. Unfamiliar locations cause Cocoa to turn to racism as a defense mechanism for protecting herself from the unknown of New York City; George turns to logic to protect himself from the unknown and magic of Willow Springs. These two completely different settings are actually very similar, having a similar affect on the characters and values learned in each location. Who would have thought that a place where the smell of the sea filled the air could be compared or even is similar to a place where the stench of garbage and hotdogs lingered?

Henrik Isbens A Dolls House Essay -- A Dolls House Essays

A Closer look at Ibsens A Dolls House "Everything is relative" or so the flippant motto of the post-modern generation would say. Interestingly enough, this aphorism is brilliantly applied by Henrik Ibsen to enhance his characters in the acclaimed drama, A Doll’s House. Often, we see things relative to their surroundings, and as the contrast between objects heighten, each becomes more visible. Within the first act of A Doll’s House, we encounter Christine Linde, a childhood friend of the main character, Nora, and Dr. Rank, a friend of the family. Ibsen paints distinctive pictures of both Christine and Rank as individuals, and, having established them with the audience uses them as contrasts, or foils, for Nora and Torvald. Ibsen develops both Christine and Dr. Rank as individual characters and significant elements of the plot. Christine, left destitute by an unloving marriage, reflects a sense of endurance. She is enduring, wizened, and searching for a new beginning. Whereas Nora is girlish and petty, Christine is wise and observant. Commenting on Krogstad: "Still I think it is the sick who need taking care of" (p. 17) she shows her heartfelt concern for others. Christine is discerning, intelligent, and kind. Her amour-propre is based entirely on interactions with other people. Her livelihood is derived from being useful to others. Dr. Rank is jovial, but insightful, kind, but tainted. While at first glance he is a family friend, he is also in love with N...

The Current Situation at AcuScan Essay -- Business Management Budget C

The Current Situation at AcuScan This memorandum reports on the current situation at AcuScan regarding the short-term budget crisis and development of the iScanner for use in the retail setting. It will summarize the situation, discussing key points in the decision-making process and recommending actions that can be taken to address the problems described. The underlying problem is we have failed to continuously improve market share through the development of new products. The overall 40% market share is declining. The company faces declining revenues because the price of the iScanner has dropped as it becomes a market commodity. AcuScan, despite making tremendous cost-cutting efforts (letting go 500 employees) is still in a short-term budget crisis. To recapture our pos... The Current Situation at AcuScan Essay -- Business Management Budget C The Current Situation at AcuScan This memorandum reports on the current situation at AcuScan regarding the short-term budget crisis and development of the iScanner for use in the retail setting. It will summarize the situation, discussing key points in the decision-making process and recommending actions that can be taken to address the problems described. The underlying problem is we have failed to continuously improve market share through the development of new products. The overall 40% market share is declining. The company faces declining revenues because the price of the iScanner has dropped as it becomes a market commodity. AcuScan, despite making tremendous cost-cutting efforts (letting go 500 employees) is still in a short-term budget crisis. To recapture our pos...

Soft Drugs

Soft drugs should not be legal Drugs have been a problem for the society for a long time and it is still a going subject. Different kinds of organisations work hard to try keeping people from using drugs, however a new problem has occurred. During the last years there have been discussions in some European countries to legalise so called soft drugs. Soft drugs usually means cannabis, which is the name for drugs made from the plant called â€Å"Cannabis Sativa†. Several countries have a very liberal attitude to these light drugs and think that it would be better if they were legal.I think it is wrong to legalise any kind of drug and that nothing good can come out of it. We all know that drugs are bad for us, so why would we want to expose ourselves to them? Why? There are already serious problems with legal drugs, like alcohol and tobacco. There is a reason why drugs are banned. It is because they are dangerous to our health. These laws are there to protect us and they are for our own good. It is known, and proved, that drugs can do damage to our physical and mental health. For example it can weaken the immune system, lung capacity and memory.It can cause depression and changes of personality. And these are just a few examples. Drugs are also very addictive and to stop the abuse is very hard, because the withdrawal symptoms are very strong and painful. There is also the risk of taking an overdose which can lead to serious harm or even death. Another argument against legalising cannabis is that it will get more accepted if it is legal, which will lead to the fact that more people will use it. If more people use drugs it will increase the number of people who get addicted.It is also proved that people who abuse cannabis often try heavier drugs later, when the effect from cannabis gets weaker. Legalising soft drugs would be awfully expensive for society. If more people use drugs, then the need for medical care and detoxification clinics will increase. Both a re very expensive, but they will be necessary because addicts need treatment. The costs related to crime will also increase, because many drug addicts start committing crimes to be able to afford the drugs they need. Those who abuse drugs tend to stop caring about anything else but the drugs.That could result in that they neglect their jobs and other responsibilities. The number of accidents caused by being under the influence of drugs will very likely increase, because there will be more substances that affect a person’s concentration and abilities. Alcohol will no longer be the only dangerous substance which is associated to accidents in traffic or risky jobs. This will be one more cost related to drugs, and someone will have to pay for it. Some say that alcohol is just as dangerous as cannabis, but alcohol is legal.So why not legalise cannabis? True, but why would we want to introduce another harmful substance, when we have enough troubles with the first one? There are oth er ways to have fun than smoking pot. Others claim that just because someone smokes a joint every now and then it does not mean that he or she will get addicted. That is right, but the higher the number of people that use drugs sometimes, the higher the number of people that get addicted. Drugs are not good for people or for society. As I have established, no good can come from legalising soft drugs.It would be a great danger to our health, it would bring more and larger costs for society and it would increase the number of people who get addicted. Why would we want that? Soft drugs should be legal There are two ways to try and sort out the drugs problem. One is to legalise and regulate the supply, and the other is to leave it in the hands of criminals. For years we have tried the second option. Banning all forms of soft drugs or lightly regulating them, not allowing them as such but not banning to the extent where people know it is seriously wrong.This is the situation we have foun d with drugs such as nicotine and tobacco and alcohol. Another major problem we face is the use of soft drugs especially by the younger generations. A survey revealed that 1 in 12 twelve year olds have tried drugs moving up to 1 in 3 fourteen year olds and 2 in 5 sixteen year olds. This means that about 40% and rising of our secondary school pupils have broken the law. In years to come at this rate the percentage will move up and then those 16 year olds will become adults and this problem will therefore become ever more significant as they become more influential.We saw a very parallel instance of this dilemma during 1920s America. Drink related crimes had become so numerous that the only way out that the American government saw was to ban it outright. This is what wed have tried in Britain and it has almost exactly the same consequences. Gun crime has soared like it did in America in the 20s. We see far too many shootings related to ‘turf wars' or punishment crimes such as wh en an employee of a drug dealer makes a mistake. At some point we have to look at the problem and realise that all crimes, in the major scheme of things are somewhat drugs related.Whether it is a burglar stealing someone's possessions to fund their drug habit, or the death of a drug abuser, unable to keep up with the payments to his dealer. We have to realise that getting rid drug dealers is the only way to go. Often they are the centre of the crime in their area. They are loan sharks to the poorer people and the people who organise the protection rackets for the business owners. No matter where you go you will always find them to do with it. The fact is that people do like to take drugs.The thing about alcohol is, your liver is designed to cope with it and so as long as you drink in moderation then your body is able to recover perfectly fine. With drugs, this is a lot less likely to happen. That being said, I'm all for legalising the softer drugs for several reasons – the ma in one being that it will remove a lot of the appeal of â€Å"rebelling† and so you're less likely to want to do it because it's â€Å"forbidden† (it's the same with drinking, as soon as you can legally drink you no longer have such a strong desire to do so)Also, places like the netherlands have legalised the soft drugs because it just means that they can spend more time cracking down on the harder ones and from what I've heard from some people that live there, the majority of people that use it are actually tourists that go there especially for that (so it would also mean an increase in tourism and stimulate the economy) Legalising it would also make it a lot safer because you never know what's actually in the drug you are buying, I recently watched this very ducational program on the effects drugs have and out of a random sample of pills only half actually contained the drug they were meant to. Legalising means that it will be regulated and also means that it is like ly to be a lot less expensive and so you also won't have the problem of people having to resort to illegal activities in order to get money for it. Quite a few drugs have also been shown to have medicinal benefits and so even partially legalising them for medicinal purposes only (for which you would need a prescription) would be beneficial.The bottom line though is that people are going to do them whether they are legal or not so if you at least legalise the softer ones, it allows you to regulate and control them a lot more than before and also if you make drugs legal then it will also help reduce all the gangs revolving around supplying drugs because they will no longer be needed and will no longer make money and so that's also a positive benefit. I feel I should also point out here that I'm not a fan of drugs, not even the â€Å"legal-highs† as I don't like the idea of altering my mind and not being in full control of my body.

Discuss Two or More Psychological Explanations

Discuss both or more psychological explanations for institutional belligerence. The importationation sit down is a dispositional speculation which states that an individual would bring in import characteristics from outside of prison house which maven them to be truculent in daily aliveness. This so leads to hostility while incarcerated. Cheeseman said that hands go a certain mien of behaving, probably why they ended up in prison to begin with, which they thus apply to their new place setting. Irwin and Cressey implant 3 subcultures at heart prisons, the criminal, the convict and the straight/conventional.They embed that the convict subculture were most likely to be aggressive as they be influenced by deprivation, and bring set of this into the prison setting. Also, certain factors such as fester, sex and pass dissolve affect the level of aggression you exhibit in prisons, as found by Janus. Support comes from DeLisi who examined prison records of 831 prison inmates from South West USA. They made timbre of prisoners who had been involved in street and prison familys. They found a small only when signifi fuckingt relationship between camp membership and prison aggression.This implies that they imported subculture values of macrocosm in a gang with them into prisons. Further support comes from Poole and Regoli who looked at juvenile person correction facilities and found that inmates who were violent outside of prison where more likely to be violent inside of prison. This shows that they may lease imported aggressive characteristics into the prison setting with them. However, in a real life setting this conjecture isnt especially useful, as it does non give all suggestions as to how aggression faecal matter be reduced within prisons.Also it is deterministic to affirm that people of a certain race, age and education level leave behind be aggressive within prison as it ignores the fact that humans have sinless will and also would lead to stereotyping within prison. This theory can be considered socially sensitive as people will be stereotyped and word towards them by others could change. This would in fun lead to scapegoating and perchance have a negative blow on the persons self esteem. The deprivation model is a situational model.Situational models say that it is the environment which causes aggression, non the individuals. This model suggests that aggressive behaviour within prisons is due to a prisoner being deprived of 5 fundamental rights that they would have outside of the prison setting. These include intimacy prisoners arent trusted to live in the free world, autonomy prisoners have a lack of antecedent and security. When these are removed, it can lead to prisoners becoming stressed, anxious and ofttimes they act aggressively towards others to release this.Prison settings can also lead to deindividuation, as prisoners are represented by numbers and survive the same uniform as everyo ne else, create them to lose their own identity. This can lead to aggression as individuals do not feel accountable for their actions. Also, the dysfunctional power systems model, outlined by Zimbardo, says that when people are precondition power without direction It can lead to aggressive behaviour. This is known as the Lucifer Effect, which was Zimbardos assertion that situations turn good people evil.An example that supports this is the treatment of Iraqi prisoners of war in Abu Ghraib. American military police tortured and treat Iraqi detainees after being given power to make sure they were energetic for interrogation. This gave them the power to treat prisoners how they wished, without any restrictions on what is acceptable to do to them. This also supports the theory of deindividuation, as the soldiers were anonymous, and dehumanized the prisoners to make what they were doing get on justified.The deprivation model is culturally mold to a westernized culture, as in most cases where deprivation is common throughout life, prison may actually be a better environment for prisoners than their usual nourishment environment, which would not explain any aggressive behaviour they may have. Also, in price of applications to the real world, this model is quite effective, as if these deprivations were somehow prevented, it may improve aggression in prisons.

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.