Actus Reus Paper Essays

Actus Reus Paper Essays Actus Reus Paper Essay Actus Reus Paper Essay ACTUS REUS: OMISSION CAUSATION The general basis for imposing liability in  criminal law  is that the defendant must be proved to have committed a guilty act whilst having had a guilty state of mind. The physical elements are collectively called the actus reus and the accompanied mental state is called the mens rea. It is the fundamental duty of the prosecution to prove both of these elements of the offence to the satisfaction of the judge or jury beyond reasonable doubt. In the absence of such proof the defendant will be acquitted. ACTUS REUS An actus reus consists of more than just an act. It also consists of whatever circumstances and consequences are recognised for liability for the offence in question in other words all the elements of an offence other than the mental element. The term actus reus has been given a much wider meaning by Glanville Williams in his criminal law. He says : When he use the technical tern actus reus we include all the external circumstances and consequences specified in the rule of law as constituting the forbidden situation. Reus must be taken as indicating the situation specified in the actus reus as on that, given any necessary mental element, is forbidden by law. In other words, acus reus means the whole definition of the crime with the exception of the mental element – and it even includes a mental element in so far as that is contained in the definition of an act. Actus reus includes negative as well as positive elements. For example, as stared earlier, the actus reus of murder is the causing of death of a person. It also includes circumstances, such as the person whose death has been caused was not as a consequence of a sentence or death given to him or that the death was caused within the territorial jurisdiction of the state. OMISSIONS IN CRIMES Omissions are controversial for two main reasons_ first, whether and to what extent it is justifiable omissions rather than acts; and secondly, whether liability for omissions rather than act requirement in criminal law. Pursuing the second point here, much has been made above of the importance f requiring proof that the defendant voluntarily did something to produce prohibited conduct or consequence. In so far as this can be termed an ‘act requirement’, are omissions a true exception to it? If they are, is this another argument against criminalizing them? One much-discussed preliminary question is the distinction between acts and omissions. Sometimes it is argued that certain verbs imply action and therefore exclude liability for omiss ions, and that the criminal law should respect. The distinctions flowing from this. English courts have often used this linguistic or interpretive approach. It has led to a variety of decisions in different statutes, without much discussion of the general principles underlying omissions liability. The law commissions considerably draft criminal code may be said to signal the continuation of this approach, by redefining the homicide offences in terms of ‘causing death’ rather than ‘killing’, and refining the damage offences in terms of ‘causing damage’, rather than ‘damaging’, so as ‘to leave fully open the courts the possibility of so constructing the relevant (statutory) provisions as to impose liability for omissions’. The draft cod would therefore remove any linguistic awkwardness in saying, for example, that a parent killed a child by failing to feed it; but it does so in this specific instance, and without proclaiming a general principle, that the act requirement may be fulfilled by an omission of a duty can be established. Attachment to the vagaries of the language is no proper basis for delineating the boundaries of criminal liability. In some situations the courts, following the linguistic approach, have nevertheless found themselves able to impose omissions liability. In Speck (1977)3 the defendant was charged with committing an act of gross indecency with or towards a child. The evidence was that an 8 yr old girl placed her hand on his trousers over his penis. he allowed that hand to remain there for some minutes, causing him to have an erection. The court of appeal held that the defendants failure to remove the hand amounted to an invitation to the child with the act, or it created a duty in an adult to put an end to the innocent touching of this kind, with omissions liability for not fulfilling the duty. The analysis is similar to that in miller (1983) where D fell asleep whilst smoking, woke up to find the mattress smouldering, but simply left the room and went to sleep elsewhere. He was convicted of causing criminal damage by fire, on the basis that a person who initiates a sequence of events nnocently and then fails to do anything to stop the sequence should be regarded as having caused the whole sequence. On this view the conduct constitutes a single, continuing act; Miller caused the damage because he took no steps to extinguish the fire he had innocently started. It must be doubted whether these efforts to find an act which then coincides in point in point of time with defendants knowledge and intentions are convincin g. surely the courts are imposing liability for an omission on these cases, by recognizing that a duty arises. Speck is a little different from miller since the original act of the speck was of the girl, and the duty must therefore amount the recognition of an obligation on an adult to put an end to the indecent yet innocent touching by a child. In so far as these decisions appear to extend the statutory wording, are they objectionable on grounds of retroactivity and lack of fair warning, or defensible as applications of existing common law doctrine to new situations? In other situations it seems possible to offer plausible reasons for regarding the same event as either an act or an omission, and in some cases the courts have sought to exploit this ambiguity when dealing with problematic medical issues. Yet it is one thing to say that a healthcare professional who decides not to replace an empty bag for a drip-feed has made an omission, whereas switching a ventilator off is an act; is another thing to maintain that the act-omission distinction should be crucial to any determination of the criminal liability in the two situations. In Airedale NHS trust v bland (1993)the house of lords held that it would be lawful for a doctor to withdraw treatment from a patient in a persistent vegetative state, even though death would inevitable be hastened by that conduct. The house held that the withdrawal of treatment would constitute and omission, and thus regarded the duties of the doctor as the central issue. The decision was that the doctor a doctor has no duty to continue life supplying treatment when it is no longer in the best interest of the patient, having regard to responsible medical opinion. However the court of appeal declined to adopt this subterfuge in Re A(conjoined twins: Surgical separation), holding that the surgical separation of the twins would undoubtedly an act, and subsequently deciding that carrying out an operation which would result in the death of one twin in order to save the life of other could be justifies on the grounds of necessity. This demonstration of the fragility of the act-omission distinction of the vagaries fthe English language indicates that it may be simplistic to oppose omissions liability in the principle. There are some clear cases of omission in which it is desirable to have criminal liability, such as the parent who neglects to feed her or his child or neglects to protect it from abuse. Omissions can be involuntary or not, in the same way as acts; and provided, that the harm resulted because D failed to intervene, it can be argued that omissions are also causes. Omissions liability ay therefore satisfy the principles that no one should be held liable for bodily movements that he or she did not or could not direct. It may also satisfy the principle that no person should be held liable for the conduct or consequences that he or she did not cause. But one point of the act requirement is to exclude liability for mere thoughts that do not result in some bodily movement, and omissions fall foul to that. They do so for a good reason – that certain positive duties to act are so important that they can rightly be made the subject of criminal liability. Of course, such a duty should also be defined with sufficient certainty and made known to those affected by it. So long as these formal requirements are fulfilled there can be no fairness objection to holding a person liable, provided that he or she is capable of taking some steps to carry out the duty. CAUSATION IN CRIMES An event is very often the result of a number of factors. A factor is said to have caused a particular event if, without that factor or, the event would not have happened. Thus, a man is said to have caused the actus reus of a crime, if, that actus would not have occurred without his participation in what was done. Some casual relationships has to be established between his conduct and the prohibited result. A man is usually held criminally liable only for the consequences of his conduct as he foresaw, (or is crimes of negligence, he ought to have foreseen). The act must be the causa causans, ie, the immediate or proximate cause of the effect. When the facts are direct and simple, then establishing the causal nexus between the act and the effect may not be difficult, as for instance in a case of person shooting another person and thereby killing him. The causation can also be without any direct physical act. if the victim asks his way on a dark night nd the accused with the intention of causing his death, directs him to a path that he knows will bring him to a cliff edge , and the victing suffers a fatal fall, this is clearly murder, though the accused has done nothing more than utter words. This can be true in cases of abetment, incitement and conspiracy. In the instances stated above, it is not difficult to establish the direct result between the cause and the effect. The difficulty ar ises only in cases of multiple causation, where it is difficult to establish the imputability. Example: A, intending to kill B but only wounds him very slightly. A clearly has the requisite mens rea for murder, that is, he foresees and desires B’s death. Not let us assume that on his being ta ken to the hospital in an ambulance, a piece of masonry from a building falls on the ambulance and kills B; or, alternatively, that B has a rare blood disease which prevents his blood from coagulation so that the slight wound leads to his death, which it would not have done if he had not been suffering from this disease; or, alternatively, that B refuses to have the wound treated and dies of blood poisoning, which would not have occurred if B had had the wounded treated. In all these cases, a problem of causation arises, i. e. , did A cause B’s death for the purposes of the criminal law so that he can be convicted of murder? If the result is too remote and accidental in its occurrence, then there is no criminal liability. CAUSATION AND NEGLIGENCE The difficulty of causation arises very often n cases of negligence. It has t be established that first, the conduct of the person was negligent and secondly, that but for the negligent act of accused, the accident would not have occurred. In other words, the actus reus should be causally connected to the act, which should be proved to be a negligent. In order to impose criminal liability under S 304A, IPC, it is essential to establish that death is the direct result of the rash or (and) negligent act of the accused. It must be causa causans – the immediate cause and not enough that it may be quasa sine qua non, ie, proximate cause. There can be no conviction when rashness or negligence of third party intervenes. In Suleman rahiman mulani v state of Maharashtra the Supreme Court has approved his rule. In Suleman rahiman mulani the accused who was driving the jeep struck the deceased, as a result of which he sustained serious injuries. The ccused put the injured person in the jeep for medical treatment, but he died. Thereafter, the accused cremated the body. The accused was charged under s304A and 201 of the IPC. As per s 304A, there must be direct nexus between the death of a person and rash and negligent act of the accused that caused the death of the deceased. It was the case of the prosecution of the accused had possesse d only a learner’s license and hence was guilty of causing the death of the deceased. The court held that there was no presumption in law that a person who possesses only a learner’s license or possesses no license at all, does not know driving. A person could for various reasons, including sheer indifference, might not have been taken a regular license . there was evidence to show that the accused had driven the jeep to various places on the previous day of occurrence. So before the accused convicted under s304A, there must a proof that the accused drove in a rash and negligent manner and death was a direct consequence of such rash and negligent manner. In the absence of such evidence no offence under s 304A was made out. The accused was acquitted of the charges. MINIMAL CAUSATION When death of a person is caused after medical treatment, it cannot be said that the treatment was not proper or inadequate, or had better treatment been given, the death would not have taken place. This is because, the intervention of the doctor is in the nature of minimum causation and hence its intervention would have played only a minor part, if any, in causing death. As far as the IPC is concerned, explanation 2 of s 299 specifically states that if an act causes death, even death could have been avoided by proper remedies and skilful treatment, the act shall be deemed to have caused death and the person will be criminally liable. If death results from an injury voluntarily caused, the person who causes the injury, therefore, is deemed to have caused the death, although the life of victim might have been saved if proper medical treatment, provided that it was administered in good faith by a competent physician or surgeon. In Moti singh v state of uttar Pradesh the deceased gayacharan had received two gunshot wounds in the abdomen which were dangerous to life. The injury was received on February 1960. There was no evidence when he was discharged from the hospital and whether he had fully recovered or not. He, however, died on march 1 1960. His body was cremated without post mortem being done. The supreme court held that the two gunshot injuries were dangerous to life were not sufficient for holding that gyancharans death, which took place about three weeks after the incident, was on account of the injuries received by him. The court observed that in order to prove the charges on gyancharans murder, it was necessary to establish that he had died on account of injuries received on him. Since, the was no evidence to establish the cause of death, the accused could not be said to have caused the death of gyancharan. A crucial aspect highlighted by the court in the case was that the connection between the primary cause and the death should not be too remote. CONCLUSION Causation is a complex topic, with which we have been able to deal only brief here. Proof of causation is often said to be an essential precondition of criminal liability, but there is reason to doubt the generality of that requirement, notably in respect of accomplice liability and vicarious criminal liability. Rather than insisting on a universal requirement of causation, it may be preferable to argue that liability should be negatived, in general, by the voluntary intervening act of another. Several criticisms of the judicial approach to three exceptional categories of case hace been advanced above. Often the explanations given by the courts are unconvincing. Whilst the traditional or standard causal theory emphasizes the significance of the last voluntary act, there is no reluctance to took wider or to massage the term ‘voluntary’ in certain situations, especially where D clearly stated that the sequence of events by doing a wrongful act. The challenge is to re-examine the intuitions that lead judges and others to their conclusions (the wrongful act theory, the approach to medical mistakes etc. ) with a view to constructing a law that ensures that the courts respect the various principles . BIBLIOGRAPHY 1. P. S. A. Pillai – Criminal law 2. Glanville Williams book on criminal law 3. www. lawteacher. com [ 1 ]. Page 427, principles of criminal law, Glanville williams [ 2 ]. Duff, criminal attempts, 317-20 Glanville Williams [ 3 ]. 65 CR App R 161. [ 4 ]. (1983) 2 AC 161 [ 5 ]. Criticisms by jc smith (1982) Crim LR 527 and 724, and D. Husak, philosophy of criminal law(1987), 176-8 [ 6 ]. See I. M Kennedy, Treat me right (1988) 169-74 [ 7 ]. (1993) AC 789 [ 8 ]. 4 ALL ER 961 [ 9 ]. Emery (1993) 14 Cr App R (s) 394, aand the new duty by the domestic violence, crime and victims act 2004. [ 10 ]. Glanville Williams, ‘criminal law- causation’) [ 11 ]. Rustom sherior Irani v state of Maharashtra(1969) ACC Cj 79 (SC) [ 12 ]. Md rangawalla v state of mahaarashtra AIR 1965 [ 13 ]. However a driver is expected to anticipate reasonably foreseeable negligent act to road users as contributory negligence has no application in criminal law. [ 14 ]. Re san pai (1936) 14 rang 643

Free Essays on Imagine World Peace

John Lennon’s song â€Å"Imagine† is by all means a classic which will endure in the hearts of many. It has many aspects that make it the ideal song for such a project, from its musical quality, to its imperative message of peace. Lennon’s melodic style conveys a poignant innocence, which complements the theme of the song perfectly. The music stays simple and seems to grasp the lyrics without a seam. It is the type of song that will appeal to almost anyone who hears it because of its rhythmic, almost hypnotic sound. I don’t know what the music of the â€Å"future† will sound like, but I believe a song like this is one that can be enjoyed by all generations to come. It isn’t the music of our generation today; not rock with heavy distortion, or rap with deafening bass, nor is it the synthesized Rhytem and Blues many people choose to listen to. It is the type of song that touches a person’s heart, the kind of music I listen to because I can feel it. This selection is a more instrumental rock that is set apart from all other genres, deserving of the reverence received in the decades past, and for those to come. This song is truly a tribute to great music, and has been likened to the twentieth centuries answer to Beethoven’s â€Å"Moonlight Sonata† and Bach’s â€Å"Fantasia†. In that regard, this song is seen as one the greatest songs of our century, and isn’t that the type of musical merit we should consider when selecting the one song to represent us in the capsule? The song itself is asking that we see the world consciously, and don’t just coast by on what others have established as right. It wants you to invoke thought upon life as your own person to decide what it is you believe in. The idea of this song is one that could easily be thrown out as a contradictory if it weren’t for the way Lennon portrays it. He wants you to imagine (hence the title) it as he does and infer from your own judgment what you believe. J... Free Essays on Imagine World Peace Free Essays on Imagine World Peace John Lennon’s song â€Å"Imagine† is by all means a classic which will endure in the hearts of many. It has many aspects that make it the ideal song for such a project, from its musical quality, to its imperative message of peace. Lennon’s melodic style conveys a poignant innocence, which complements the theme of the song perfectly. The music stays simple and seems to grasp the lyrics without a seam. It is the type of song that will appeal to almost anyone who hears it because of its rhythmic, almost hypnotic sound. I don’t know what the music of the â€Å"future† will sound like, but I believe a song like this is one that can be enjoyed by all generations to come. It isn’t the music of our generation today; not rock with heavy distortion, or rap with deafening bass, nor is it the synthesized Rhytem and Blues many people choose to listen to. It is the type of song that touches a person’s heart, the kind of music I listen to because I can feel it. This selection is a more instrumental rock that is set apart from all other genres, deserving of the reverence received in the decades past, and for those to come. This song is truly a tribute to great music, and has been likened to the twentieth centuries answer to Beethoven’s â€Å"Moonlight Sonata† and Bach’s â€Å"Fantasia†. In that regard, this song is seen as one the greatest songs of our century, and isn’t that the type of musical merit we should consider when selecting the one song to represent us in the capsule? The song itself is asking that we see the world consciously, and don’t just coast by on what others have established as right. It wants you to invoke thought upon life as your own person to decide what it is you believe in. The idea of this song is one that could easily be thrown out as a contradictory if it weren’t for the way Lennon portrays it. He wants you to imagine (hence the title) it as he does and infer from your own judgment what you believe. J...

Final exam Essay Example | Topics and Well Written Essays - 2000 words

Final exam - Essay Example These Asian economies enjoy a number of natural and artificial factors. These factors have positioned both China and India at a far much better place to benefit from the idea of globalization. The goodwill portrayed by the political leadership has threefold accentuated the embrace and utilization of globalization to its best. Cummings Inc, being company based in Columbus and majoring in production of world class engines that enable power and run world economies, stand a chance to feel, in full force, the impact of Indian and Chinese presence in the American Market. Cummings Inc is global and this directly translates that it is competing for the same resources and same market which India and china are trying to venture in. It is noted with a lot of concern that China and India have penetrated nearly in all parts which were predominantly American markets and hence companies in America, including Cummings Inc has to review its strategies for it to compete effectively in the 21st century market. Opportunities presented by Influx of Indian and Chinese Activities to Cummings Inc Outsourcing China and India account for approximated two billion of the world’s population. Outsourcing has been very common of late. Many USA companies are finding it far much cheaper to get work done in India and china than in USA. This is business and Cummings Inc has to adapt to these radical changes. ... These governments are doing anything possible to see increase of job opportunities. As mentioned in the earlier, they hold a large population and this population need food, shelter and clothing. Life standards need not only to be achieved but also guaranteed and of quality. The political leadership in these two countries knows that it’s only through a better life that stability can be maintained. For this reason, they endeavor to welcome any investor to invest in their labor affordable market. Cummings hence has an opportunity to save a lot if at all it opts to shift some of its operations in China or India. In fact, it is very viable. These countries are considerably technologically sound and as one of the business activities of Cummings Inc is to design, then the designs can be taken to china or India for production. Market Cummings makes products which drive economies. China and India presents the largest market for any product. They are growing economies and definitely nee d these products from Cummings. The international agreements signed for doing business will enable Cummings to export its products with a lot of ease to China and India. It presents a rare opportunity for exponential kid of growth. Recommendations to the Company Firstly, I recommend that Cummings Inc to outsource in India or China. The standard of living in these countries is relatively low and hence Cummings will benefit from a reduced cost of production. A low cost of production directly translates to a stiff competition of the Cummings’ products in the global market. Cummings Inc ought to open up more dealer outlets of its products in China and India. This is beneficial in a way that the large population provides a ready market. The industrial growing state of these two countries

Artifact Essay Example | Topics and Well Written Essays - 1000 words

Artifact - Essay Example The object has an approximate height of 5 inches; the widest portion of its body has a width of 4 inches, and the three legs have equal height of 3.5 inches. The object’s width is much bigger than its height and one can inscribe it within a form of a rectangle. The primary raw material used to produce the object is wood. The top part is in a circular shape and is firm since it is of a thick wood material. The thickness of this top part is of approximately 2 inches. The surface area of the top part is big enough to allow for anybody sit comfortably on the chair. The legs are firm enough and forms a u-shape to enable them support the weight of the top part firmly and therefore if anyone sits on the stool no matter how heavy he or she is chances of the stool breaking are limited. The wood materials used to construct the object are curved smooth. The object’s top part has two-fit horizontal lines at the part where the top rests and joins the three legs and the other line is at the surface where an individual sits. When one views this object from a side the stool seems to present some V-shapes formed by each two legs. The objects legs are separate from one another at an equal interval and points downwards supporting the top surface. The legs are thick enough to ensure maximum support of the weight of the top part, which seems to be heavy. When one looks at the object from its top, the stool’s top surface seems to present a disc-shape. This means that much of the weight exerted on the stool is supported by the core and the central part of the stool and that why the legs are joined at the outermost part of the top surface for the purpose of maintain balance when an individual sits on the object. This object however consists of four distinctive parts, which include the top body and the three legs. While the legs of the object are in the form of a long rod, its upper portion is in a disc-shape. The top of the object is in

Cooking Is My Hobby Essay Example for Free

Cooking Is My Hobby Essay I enjoy cooking because it keeps me happy in my life. Whenever I feel sad or upset, cooking ease that for me in a big way. I started cooking when I was 6, but it was as simple as putting ham and cheese between 2 slices of bread and used my favorite condiment of maynaise and let it heat up for about 30 seconds. When I grew older, my knowledge of food grew to new depths when I learned how to cook American food on the grill when I was 13 and my dad was the sole reason why I got better since he explained to me how to use temperature control. The 1st dish I made on my own without any kind of assistance was Alaskan Cod with Lemon Pepper which I enjoyed very much when it was baked in an oven. Now, in my college years, I evolved into making cursine in many cultures such as tacos from Mexico, crepes from France, peking duck from China, and pizza from Italy using my ingredients I purchased from HEB, Fiesta, or Chinatown in my hometown. Cooking is the only thing in which I know how to do best and I usually cook for my family, relatives, friends, or people whom I do not know. Sometimes, I cook multiple of one thing for homeless people and disturbute them across the city. My least favorite thing to cook is vegetables since I do not like them, but if someone requests them on their plate, I will not be unwilling to cook them. Instead, I would embrace their desires and make it for them. I have invested hours of my time per day to be more knowlegable about different cooking methods from various chefs instead of just one in order to be prepared for different styles of cooking and perferences from guests. My signature dish is pork and leek dumplings with either soy sauce or vinegar or my orange chicken with basil and coconut broth so if you are ever in my area, I will be willing to cook for you.

Descartes Say About Primary Qualities

Descartes Say About Primary Qualities Rene Descartes and John Locke both have similar theories about primary qualities. They both hold the same position on what is that primary qualities are. Both of them believe that primary qualities have the power to cause ideas in our minds. The main distinction between their theories lies in whether primary qualities are perceived by means of the senses or by the intellect. Rene Descartes believed that there are two types of qualities, primary and secondary qualities. To Rene Descartes, primary qualities are those that are clearly and distinctly perceived by us (33). These qualities are those that exist due to their geometric integrity and which are related to some extension of a body in space. By this reasoning, Descartes believes these primary qualities are composed of anything that is measurable and can have math applied to them such as motion, shape and size. Descartes believes that primary qualities are not misleading like secondary qualities are. This is because the essence of secondary qualities is not geometric and thus these qualities are perceived obscurely. Nevertheless both of these qualities produce ideas within us. The difference about the ideas produced by these qualities lie in whether it is clear and distinct or obscure and confused. The reason that these secondary qualities are often misleading and primary qualities are not is because we perceive both of these qualities differently. Descartes states that primary qualities, unlike secondary qualities, are perceived clearly and distinctly. This he beliefs, is due to the fact that our method that we go by perceiving these qualities is different. Primary qualities are perceived through our intellect as opposed to secondary qualities which are perceived through our senses (14). Descartes believes that our understanding comes through our intellect and not our senses, therefore the ideas that we are able to grasp from primary qualities are not by means of our senses but rather by means of our intellect since they are clear and distinct unlike those ideas that come from our senses which are obscure and confused. Both primary and secondary qualities are perceived by the mind immediately and therefore result in the ideas we have (32). Unlike secondary qualities, primary qualities are features of the physical objects that are actually there but we come to understand the ideas produced by primary qualities solely by means o f our intellect. Descartes uses the example of a thousand-sided figure to show how primary qualities produce these clear and distinct ideas compared to the often misleading ideas of secondary qualities (sixth meditation). He states that the imagination by means of the senses is able to generate an obscured and confused idea about a thousand sided figure in comparison to the intellect which is able to perceive it clearly no matter how many sides the figure has. These ideas, which are a product of primary qualities are related to extension and are therefore perceived by our intellect using our understanding (sixth meditation). Descartes theory on primary qualities has some similarity to John Lockeà ¢Ã¢â€š ¬Ã¢â€ž ¢s but differs on how it is that these ideas come to be about within us. John Lockeà ¢Ã¢â€š ¬Ã¢â€ž ¢s point of view regarding primary and secondary qualities is similar to some extent to Descartesà ¢Ã¢â€š ¬Ã¢â€ž ¢ theory of primary and secondary qualities. To Locke, primary qualities are spatiotemporal and quantitative. Therefore like Descartes, primary qualities are composed of size and shape, something which is measurable (135). Like Descartes, Locke believes that these qualities have the effect of producing the ideas that we have within us. An idea to Locke is the thought or understanding which is produced by the object. He calls the power that an object has to produce such ideas within us, qualities. Locke states that ideas are existent in our minds. To Locke these qualities are properties belonging to the objects and are the cause of the ideas that we house in our minds (134). The difference between primary qualities and secondary qualities to Locke is the kinds of ideas that these are able to produce in our minds. Locke believes that the ideas pro duced by primary qualities are a resemblance of these qualities. Locke believes that these qualities are actually existent in the objects themselves. On the other hand, those of secondary qualities hold no resemblance to them (136). Unlike Descartes, John Locke has a different theory by which we acquire these ideas. Unlike Descartes, John Locke believes that we acquire our ideas through the perception of the senses. According to Locke, reasoning is an exception to his perspective on innate ideas. He believes that all of our ideas are acquired through our experiences and by means of our senses. Locke states how our mind is similar to that of a blank state, and it is only by experiences that we are able to perceive by means of our senses that we acquire the ideas we possess. Qualities are the powers that objects have and it is within these powers that ideas are produced by them within us. Primary qualities are inseparable from the object, and thus the power of primary qualities produces ideas that resemble the object. This is shown by the example he gives of when something is divided even into its smallest of parts, even when these are too small for us to perceive, the primary qualities are still existent in the object (138). Although Descartes and Locke description of what primary qualities are is similar, their belief in how it is that we come to reason or reflect on these qualities is different. Descartes believes that we canà ¢Ã¢â€š ¬Ã¢â€ž ¢t rely entirely on our senses, since they often deceive us. He believes that those ideas obtained from primary qualities are distinct and clear. Therefore he believes that the ideas produced by primary qualities are grasped by means of the intellect. Locke unlike Descartes believes that the ideas we acquire through our life is by experience and it is by the senses that we come to have such experiences. Therefore to Locke, the ideas produced by the power of primary qualities are grasped by means of the senses. To Locke and Descartes, primary qualities are the causal effect which produces the clear ideas that we have, the main difference between their theories is whether we obtain these through our senses and by reflecting or solely by the intellect.

Film Analysis †Kill Bill Vol. 1

Kill Bill Volume 1 is the first part in a series of two movies that was written and directed by Quentin Tarantino. He never seems to tire of pointing out all the movies he's referenced, paid tribute to and been inspired by. In this film analysis, I will describe all the movies that have influenced him and show up in Kill Bill. I will also describe some of the cinematography and how it made the movie stand out. Quentin Tarantino’s movies have a very different, unique feel than the perceived â€Å"normal† movie. Kill Bill Vol. 1† is very intriguing. He borrows ideas and styles from his many influences which, in the end, results in something not necessarily unique, but fresh. Everything Tarantino has done has been done before; however, he mixes different genres and styles with his own to create a masterfully directed piece of art. In Kill Bill, he uses Martial Arts, Samurai, Spaghetti Western, and Secret Agent (along with many other sub-genres) to create one film (Wi kipedia – Kill Bill). The story of the movie follows the character Beatrix Kiddo known as â€Å"Black Mamba†, played by Uma Thurman, as she seeks revenge on a group of assassins, called the Deadly Viper Assassination Squad, which attempted to murder her at her wedding and her former boss, Bill. She crosses them off a list one by one as she kills them. The list reads as follows: 1)O-Ren Ishii (Lucy Liu) – Codename: Cottonmouth 2)Vernita Green (Vivica A. Fox) – Codename: Copperhead 3)Budd (Michael Bowen) 4)Elle Driver (Daryl Hannah) 5)Bill (David Carradine) The movie is mostly adapted from the movie Lady Snowblood, a 1973 Japanese film in which a woman kills off the gang who murdered her family. Female Convict Scorpion: Jailhouse 41, from Japan, and Thriller: En Grym Film, from Sweden also has the same central theme of wronged women seeking revenge. Scorpion is an escaped convict gunning for the cruel warden who locked her up. Thriller (so hardcore it was banned in Sweden) follows an innocent girl who is turned into a mutilated, heroin-addicted sex slave, and turns the tables on her captors (Rose). The name of the group in Kill Bill, the Deadly Viper Assassination Squad, is inspired by the movie The Doll Squad. They also wear similar outfits to the girls in The Doll Squad (The Quentin Tarantino Archives). The opening credit sequence features the Shaw Brothers logo which has the letters â€Å"SB† encased within a crest symbol. This iconic symbol is from Hong Kong’s cinematic history – movies produced during the late-1950s to the mid-1980s. I thought nothing of this logo until I read that the Shaw Brothers inspired Tarantino’s style (Chan). The entire movie does make me feel like it was right out of the 70’s but with some modern twists. The opening scene shows Beatrix lying comatose in a hospital bed silhouetted against a background of the window of her room. The lighting of her was obviously very high contrast, low-key lighting. This scene is homage to Citizen Kane (The Quentin Tarantino Archives). The movie then continues somewhere in the middle of the first part where Beatrix is facing off against Vernita Green at Vernita’s house. Five minutes into the film Beatrix and Vernita head off into an extremely intense fight that demolishes the living room. The sound effects are very interesting. They overlay sound onto every movement. I hear many swoosh sounds coming from the knives during their fight. Also, similar swoosh sounds come from them jumping. In my opinion this type of sound amplifies the action. This type of sound effects was very popular in Chinese cinema in the 1970’s. The 1978 movie The Five Venoms, a Shaw Brothers film, was an inspiration for these sound effects (The Quentin Tarantino Archives). After the fight Beatrix pulls out a list of people that she intends to kill to show the audience who she has killed so far, and who is left. This is typical Quentin Tarantino. This shows his preference of a non-linear storyline. The story then jumps back approximately sixth months into the past to show what happened to Beatrix and how she recovered from an intense shootout in a small chapel where she lost her unborn baby and almost her life. This scene would be linked to the sub-genre called â€Å"Spaghetti Western†. One of the shots of the police officer driving to the chapel shows the dashboard lined with sunglasses (16:52). This is the same as the opening scene of the original Gone in 60 Seconds from 1974 (The Quentin Tarantino Archives). During her recovery in the hospital room, Elle Driver approaches in a nurse’s uniform with a patch on her eye. She has been ordered by Bill to kill Beatrix with a syringe filled with poison. When Bill finds out that she is comatose, he orders her to just let her be as they think she won’t recover. Her walk down the hospital aisle contained a split-screen sequence with Mamba in her bed. This comes from the 1977 movie Black Sunday (The Quentin Tarantino Archives). The character played by Martha Keller in Black Sunday goes into a hospital and disguises herself as a nurse to kill Robert Shaw's character with a poisoned syringe. The look of her character (nurse outfit with patch that has hospital red cross on it) is a little out of the ordinary. Alfred Hitchcock's movie Marnie has the exact same nurse-walking-down-corridor scene (Rose). The story then jumps four years to where Beatrix comes out of her coma. It happens right after an extreme close-up of a fly biting her arm. It probably wasn’t a coincidence but the viewer may think that the fly was the reason she woke up. She quickly remembers that she was shot and a flashback shows in slow-motion the bullet coming at her (25:08). Her escape out of the hospital is via a male nurse’s truck. This is after a few important details. First, she kills the orderly who was renting her out like a prostitute while she was in a coma. Second, her escaped was slowed by the fact that her legs were not awake yet. The escape vehicle owned by the orderly was quite vivid. It has the name â€Å"Pussy Wagon† painted on the back of the bright yellow and pink truck. The term â€Å"Pussy Wagon† came from a lyric in the song â€Å"Greased Lightnin’† from the 1979 movie Grease (The Quentin Tarantino Archives). There was also 70’s style music being played during her escape via wheelchair. Once in the truck, there was a close-up of her toes. She talked to them, persuading them to move. While she waited for her toes to wake up, one of the most memorable parts of the movie occurred. It was the introduction of the character O-Ren Ishii. This introduction was done in Japanese Anime. O-Ren Ishii was an orphan whose parents were killed by gangsters and who eventually took revenge, becoming an assassin. After the attack on the wedding, she has since become the leader of the Tokyo underworld. The animation sequence made the scene much more dramatic. The anime allows the audience to see the immense pain the characters felt as they were fighting. The faces would become distorted and the skin would sort of come off of their faces to magnify the effect it has on the audience. The most shocking was how the blood loss was portrayed. The blood sprayed out of her parents was like spraying water out of a garden hose. I think showing this in animation reduced the gore value. Also, heads and limbs went flying across the room. I think all of this prepared me for the rest of the movie. It just made it easier to watch and not as gruesome. The fictional value was raised which made it more entertainment than reality (36:00-44:00). After thirteen hours of story time Beatrix finally regains the ability to move her toes and the rest of her legs. The movie regains some linearity as she now travels to Okinawa to obtain her weapon of choice, the samurai sword. Here she meets up with Hattori Hanzo who is portrayed as the greatest swordsmith of all time. Beatrix convinces him to make her a sword. There is some great camera work in this scene. A few times you can see her reflection in the sword. I think this shows the viewer the quality of a Hattori Hanzo sword. She also cuts a baseball in half after he throws it at her which also shows the high quality level. This scene is referenced from the movie Samurai Reincarnation from 1981. There is also a memorable line from this movie. Hattori Hanzo tells this to Beatrix as he gives her the sword. This is also a direct reference from Samurai Reincarnation. â€Å"If, on your journey, you should encounter god, god will be cut†. Other references to the movie are the Japanese atmosphere and flute music (46:00) (The Quentin Tarantino Archives). The last main scene is the showdown at â€Å"The House of Blue Leaves† in Tokyo. This is where O-Ren Ishii is located at. As Beatrix travels to Tokyo, the music is fast paced. This tells me that she is in a hurry to get there. Also, the sky has a bright orange color. This is homage to the movie Goke: Body Snatcher from Hell (1968) (1:04:39) (The Quentin Tarantino Archives). When she arrives in Tokyo, she travels by motorcycle on her way to the House of Blue Leaves. Her outfit is a yellow jumpsuit. This yellow track-suit is a direct homage to the one worn by Bruce Lee in Game of Death (1978), the last and unfinished Bruce Lee movie (The Quentin Tarantino Archives). Once she arrives, a very noticeable long take occurs. This take lasts over a minute (1:11:20-1:12:50). During this take, you get to see the inside of the restaurant and get a good feel for the layout. The long take includes bot forward and backward tracking and also a bird’s eye view of the restroom. This style of shot makes me feel like I’m inside the scene. The overall shot seems to be conducted in a clockwise rotation around the room. After this long shot, the main fight sequence of the movie occurs against O-Ren Ishii and her clan of sword-wielding Tokyo gangsters. The last main fight scene has an incredible amount of blood that sprays everywhere. It is similar to the earlier animated scene but 100x more frequent. I think it is much gorier because it isn’t animated. But, I think the earlier animation made this scene much more acceptable as entertainment. Beatrix takes on at least 100 people with ease. The many-on-one fight at the House of Blue Leaves references the Bruce Lee film Fists of Fury at several parts, including the surrounding mob's fear when Beatrix strikes a fighting stance (The Quentin Tarantino Archives). Also, Beatrix eventually dives to the floor and attacks her opponents' legs. One noticeable part of the fight sequence is when Beatrix pulls one of her attacker’s eyes out of his head. The picture instantly turns to black and white. The high contrast picture stands out even more. There is a lot of shadowing. The blood that is spraying out of her opponents bodies as she cuts off limbs sprays in a bright color of white. I think this added style to the scene makes Beatrix look even more invincible. She then finally blinks, sound effect included, and the picture turns back to color (1:23:10-1:26:50). She easily takes out everyone except one person. The last attacker looks pretty scared. Most of the movie does have a comedic overtone to it but I did laugh a little bit more when she bent the last guy over and spanked him on the butt while saying â€Å"Go Home to Your Mother†. I think this quote was another example of her feeling invincible. The last action sequence now takes place in an outside setting outside the restaurant with a showdown with O-Ren Ishii. Everything is covered in snow. This white landscape is another direct homage to Lady Snowblood. Beatrix eventually finishes off O-Ren Ishii who was actually the first target on Beatrix’s revenge list. Since there is only two on the list that have been eliminated, I know that there is a sequel that will tell the rest of the story. Even though the movie title is â€Å"Kill Bill†, you never see Bill's face. The movie does end with his voice though which makes me want to see the sequel even more. It’s definitely a little cliffhanger and I want to know what will happen next. Bill last words are â€Å"is she aware that her daughter is still alive? I didn’t see that coming. Quentin did an excellent job keeping me entertained and at the edge of my seat. I also appreciated the cinematography in this movie. I do appreciate movies even more know while looking at how a movie is made rather than just watching the storyline unfold. Quentin Tarantino did an excellent jo b on taking me for a thrill ride. He used many different genres and styles in his movie which made it very unique. He was able to combine all his influences from the 70’s and update and combine them into one fantastic movie. The cinematography was outstanding. I understand even more how important cinematography is to a film. Bibliography Chan, K. (n.d.). The Shaw-Tarantino Connection: Rolling Thunder Pictures and the Exploitation Aesthetics of Cool. Retrieved April 18, 2011, from http://www.tft.ucla.edu/mediascape/Fall09_ShawBrothers.pdf Rose, S. (n.d.). Retrieved April 18, 2011, from The Guardian: http://www.guardian.co.uk/film/2004/apr/06/features.dvdreviews The Quentin Tarantino Archives. (n.d.). Retrieved April 18, 2011, from http://www.tarantino.info/wiki/index.php/Main_Page Wikipedia – Kill Bill. (n.d.). Retrieved April 18, 2011, from http://en.wikipedia.org/wiki/Kill_Bill Wikipedia – Quentin Tarantino. (n.d.). Retrieved April 18, 2011, from http://en.wikipedia.org/wiki/Quentin_Tarantino

Negetive Effects of Technology Essay

In this century that we are living, there are many different ways to communicate and interact with the people we need. New developed technologies have made our lives much easier than the old days. Many people prefer to look at a screen and explore new things, do our homework, chat with our close ones, listen to a song, watch a movie, buy new clothes and so on. These are the things that we can do. Moreover, it saves time and money. One of the important decisions we make is to work at home in front of a computer. However, high developed technology has disadvantages like if we look at a screen it is bad for you health, we do not know if it is true and guaranteed for hundred percent. First, when we speak of the impact of technology on society, we always talk about the positive effects of technology and about how technology has made life easy. We talk about the Internet as an information resource and a communication platform and conveniently ignore the fact that an overexposure to it leads to Internet addiction. We often discuss how technology has made life easy but easily forget that it has made us overly dependent on it. see more:is technology making us lazy Have you thought of the impact of technology from this point of view? I am sure, most of you haven’t. Let us look at this aspect of technology here. People will (and are beginning to) miss out on face-to-face contact and thus their social skills will decline. It is possible that after decades of having no, or extremely limited human contact, that we will loose the ability to read body language. This could cause all sorts of misunderstandings and problems. Secondly, depending on a screen rather than meeting face-to-face is very bad for health. It will make our spine back ill. Sitting for long hours and looking to a screen also makes our eye bad. When i was little i played and watched movies on a computer for long hours because it is was fun. Since then my eye kept getting bad and i had to wear glasses. It really annoys me a lot when i play basketball and to run in the morning. What’s more, four days ago my back hurt because school started and i have been sitting for long hours and been looking at a computer screen Having limited human contact will cause us to have even less trust in others, and in turn, we will be even less friendly and even more stand-offish. Thirdly, for people who do their works by using the internet has also bad sides to the society. We are getting lazy and not going outside for a walk. Our movement gets limited only in our home. Also, it is making the person isolated from the society outside which the he or she is might become lonely just communicating with the computer. My best friend’s big brother doesn’t have any friends to go out with because he spends all of his time on he computer. I think it is a very bad habit for him to get isolated from the real life. Think of the days when there were no computers and no modern means of transport. Human life was highly restricted due to the unavailability of technological applications. Daily life involved a lot of physical activity. Life of the common man was not as luxurious as that of modern times, but he was more active. Exercise was integrated into routine physical activities. It was contrary to the sedentary lifestyle of today, which leaves no time for exercise and fills days with inactivity and laze. Today we don’t want to, and thanks to technology, don’t even need to, walk, move around or exert physically to get things done. We have the world is at our fingertips. We think of technology as a boon to society. I am afraid; it’s not completely a boon. The Internet has bred many unethical practices like hacking, spamming and phishing. Internet crime is on the rise. The Internet, being an open platform lacks regulation. There is no regulation on the content displayed on websites. Internet gambling has become an addiction for many students. Overexposure to the Internet has taken its toll. In this virtual world, you can be who you are not, you can be virtually living even after you die. Isn’t this weird? Children are spending all their time playing online and less or almost no time playing on the ground. Youngsters are spending most of their time social networking, missing on the joys of real social life. Moreover, we have become excessively dependent on technology. Is so much of dependency good? Is it right to rely on machines to such an extent? Is it right to depend on computers rather than relying on human intellect? Computer technology and robotics are trying to substitute for human intellect. With the fast advancing technology, we have started harnessing artificial intelligence in many fields. Where is the digital divide going to take us? How is our ‘tomorrow’ going to be? ‘Machines replacing human beings’ does not portray a rosy picture, does it? It can lead to serious issues like unemployment and crime. An excessive use of machines in every field can result in an nder-utilization of human brains. Over time, we may even lose our intellectual abilities. You know of the declining mathematical abilities in students due to use of calculators since school, don’t you? In conclusion, as technology is getting better people are trying to make their work easy and fast. From this we become lazy, weak and ill. It makes our immune system go bad and we have the ability to get the diseases fast. From all the examples above it shows face-to-face contact is still necessary in our lives and society.

Industrial Revolution Britain essays

Industrial Revolution Britain essays The Industrial Revolution of Britain The industrial revolution in Britain had its advantages and disadvantages to its people. In the early 1700s, Britain was a land where people used man and animal power to mine, produce their crops, clear the land, and build their buildings and ships. The strong and fit were the ones that were successful because they could work well and therefore their families would not starve. However, this changed around 1760 when water and steam power could run the machines, and in result man power was no longer necessary because it was cheaper and more efficient to use natural resources to run the iron mills, turn the grain presses, and move the lumber. Some people grew wealthy with this new technology, while others such as the laborers ended up starving because they had no work. During the 1700s, the Age of Enlightenment took place in Europe, where men were trying new ways to improve their lives, through literature, science, music, government, medicine, and the development in agriculture. Great Britain had a major advantage during this time because she had the 4 prime areas that were important for the change of manpower to the age of machinery. The geographic location, social and political climate, economic strength was perfect for Great Britains revolutionary change. Britain was very rich, geographically in natural resources. Coal and iron ore were very abundant, and rivers flowed throughout the country for transportation and power. She did not need to import her vital natural resources, and in result did not need to expend funds outside the country. The coal supplied her with heat to run the factories, and the abundant amount of iron ore was used for tools and machines. Great Britains political climate was also very favorable to the new industrial ways. Inventors were not only encouraged for their ideas but also financially rewarded. People would meet in clubs to discuss new...

International Relations Personal Statement Essays

International Relations Personal Statement Essays International Relations Personal Statement Essay International Relations Personal Statement Essay Writing a compelling personal statement is a very important task. Sometimes this difficult yet important writing task can hurt you instead of helping you. It is because this task requires the writer to perform a little self-analysis session which can be difficult and not convenient sometimes. However, the main purpose of asking applicants to craft a statement is to let them demonstrate their potential and skills to the admission officers. Given that a poorly crafted or an erroneous international relations personal statement can be detrimental. Therefore, it is suggested that you should take a look and avoid these below listed critical mistakes and produce a winning statement of purpose. It is necessary that one must confirm that the personal statement doesn’t contain any mistake that could damage the chances of getting the admission. These critical mistakes include inappropriate word selection, spelling mistakes and inappropriate or excessive punctuation. Since you are going to give your all to writing a compelling statement then why not proofread it to ensure that it is error-free. If the admission officers notice any sorts of mistakes in the statement they will most probably assume that the applicant is either not serious or just sloppy. In the end, your application would end up inside a dustbin. In order to prevent such an event from happening, proofread the entire statement three to four times. If you have used any word processor to type the assignment, use a built-in dictionary to check the spellings of difficult words. Proofread the statement backward. Often students opt to use made-up stories in their personal statements. They assume that it will demonstrate the officers how you have triumphed over some hard times in your life to continue your studies. Well these officers have years of expertise in judging potential students and they can detect where you are lying. Be original and don’t just think that you can only impress them with such stories because you can impress them with your qualities, experiences or determination. You can discuss why you like international relations field or what you want to accomplish in it. The statement of purpose is certainly not easy to write if you don’t correct these critical mistakes. It is suggested that one must ask a professional to proofread the statement and correct any errors in it. Following is a basic structure of an international relations personal statement. Personal statement is a short essay mostly consists of four to five paragraphs. A typical statement starts with a story about how you came to like this field or how you develop an interest in this field. The subsequent paragraph contains a little work experience which is related to your field like a volunteering work, etc. In the next paragraph you relate your educational history with your passion and discuss how it will help you in advance studies. The following paragraph contains the brief description of some hobbies or interests of the candidate outside the field of IR. In the conclusion, the applicant discusses his/her future goals.

Consumer Products Safety Lawyer Case Study Example | Topics and Well Written Essays - 500 words

Consumer Products Safety Lawyer - Case Study Example Now let me introduce myself, my name is Mr. XYZ and I am a consumer products safety lawyer. You must be surprised after listening to these facts however these facts are true and it is now our duty to become united to stop people from being burnt. Any company or business that is operating in our society should aim to help us and offer things that are beneficial rather than harming the society and people living in the society. If any organization, regardless of how much reputation it has, does not care about the society then it should not be allowed to operate unless it starts caring about people living in the society. We all know McDonald's is one of the top fast food restaurants in the world, and we all go to McDonald's and because we have been their customers, McDonald's has become such a renowned brand in the world. What if from tomorrow we stop using the products sold by McDonald's? Don’t you think McDonald's should think about the people rather than selling hotter coffee to differentiate itself from competitors? It has been medically proven that if coffee or tea is taken at 54Â °C then it will burn the skin just within two seconds (England and Wales High Court (Queens Bench Division) Decisions, 2002). Although McDonald’s has already paid hefty fines on several occasions for selling hot coffee still it has continued selling coffee at 82Â °C to 88Â °C. So, McDonald’s has to offer coffees at a lower temperature and for this cause, you should and you have to come with me and together we will have a class action suit against McDonald's so that McDonald’s starts offering coffee at a lower temperature. It would be great if together we can eliminate the cause of people being burnt, so come with me and we will make this happen and save people.

Investigation of the relationship between gender and grades Essay

Investigation of the relationship between gender and grades - Essay Example The Study Background of the Study Boys and girls have been noted to perform differently in different grades at schools. While some researchers believe that this is because of the difference in their attitudes, there are those that believe that there are other factors contributing towards the difference in performance. For instance, we have a significant difference in grade level and gender in primary schools and the student attitude towards scientific and mathematical subjects. However, this is not the only case. This is because although student attitude changes depending on subjects and as their grade level rises, capabilities, and grasping ability also play a part in regulating the way students perform at the schools. In the contemporary society, studies have revealed that the female students form the largest group of students attending school at a late age across all nations. However, while this is more prevalent at the higher levels of learning, the studies also show that they ar e represented all over from elementary to graduate school. Furthermore, even despite the fact that they commence their studies at a late age, they are less represented in different levels of study (Emslie, Hunt, & Macintyre, 1999). In further exploring on how female students perform El Rafei (2009) observes that these students are also left out of science and mathematics subjects. Therefore, he further goes to elaborate that if the trend continues in the schools at the United States, the country faces a potential of a serious shortfall in the number of female students undertaking fields in subjects such as science and mathematics. In support of these assertions by El Rafei, Emslie, Hunt, and Macintyre (1999) explain that the ultimately, the female students might not be failing at higher levels of leraning due to their negligence or lack of concetration. This is because these students received a poor background in these subjects as they were undergoing their prepartion classes at the early elementary grade school. Therefore, this undermined their success rates at the high schools and colleges. Ultimately, they avoid the subject fields and this affects their career choices in life. Therefore, it is important that all students, especially the female students and the minority groups receive adequate training and preparation for their science and mathematics subjects at an early stage. This is because adequate preparation enables them to develop social and intellectual interest in the subjects. Furthermore, it also assists them to participate fully in their technological societies as they seek to contribute to the society. However, it is not always that female students get interested in studying sceince and mathemenatics subjects. In any case, a basic understanding of the students in these subjects is critical. However, this is not so that they make career choices related to the fields. This is because it enhances their ability to think and make calculated decision s in their lives. Description of the Study The objective of the study is to investigate grade level and gender and their association with the overall performance of students at in high school. However, while all subjects were considered, the main area of focus was mathematics and science subjects for students at the 9th and 10th grade. As the study began, a number of questionnaires were administered to over 500 students in these two grades. For comprehensive analysis, two