Friday, December 27, 2019
Thursday, December 19, 2019
In Their Novels, Many African American Writers Examine
In their novels, many African American writers examine the conditions African American men and women live in as well as the choices they make as a result of their environment. In Native Son by Richard Wright, Bigger lives in an impoverished community and survives by committing robbery along with his friends. When Bigger gets, a job working for a rich white family, he accidentally murders his employerââ¬â¢s daughter and tries to cover his tracks. Invisible Man by Ralph Ellison tells the story of a black man who reflects upon his life and how he became Invisible Man. He is raised in the south and moves to Harlem after he is kicked out of college. In Harlem, he joins the Brotherhood and later learns the bleak existence which African American menâ⬠¦show more contentâ⬠¦He tells his lawyer, Max, ââ¬Å"I wanted to be an aviator once. But they wouldnââ¬â¢t let me go to the school and then drew a line around it and said that nobody could go to it but those who lived within the line. That kept the colored boys outâ⬠He does not see a future for himself. When he brings Mary, his rich employers daughter to her room, he smothers her with a pillow her for fear that he will be discovered in her room. He knows that he has killed her by accident but automatically he thinks ââ¬Å"She was dead and he had killed her. He was a murderer. A Negro Murderer, a black murdererâ⬠(95). Bigger goes on to say, ââ¬Å"though he had killed her by accident, not once did he feel the need to tell himself that it had been an accident. He was black and he had been alone in a room where a white girl had been killed, therefore he had killed herâ⬠Bigger understands the world that he lives in deeply and knows that everyone will assume that he killed her on purpose. That he raped her. He does not even tell himself the truth because his truth is not considered reality by society. His truth is not important. Bigger becomes a criminal as a way to survive. He becomes exactly how white men and women see him: a rapist and a murderer. He begins to feel like h e can only get out of his environment by murdering, and manipulating others. Bigger goes so far as to identify himself as a murderer capable of killing anyone who gets in his way. He goes as far as raping and killing Bessie, hisShow MoreRelatedThe Melting Pot By Harriet Jacobs874 Words à |à 4 PagesAmerican is the ââ¬Å"melting potâ⬠of the world and because of this; we can enjoy a bounty of American Ethnic Literature. What does this mean? American Ethnic Literature are the poems, novels, and histories written by the minority peoples of this new world. They were the outsiders of a predominately white world and therefore had an experience like no other. African American, Native Americans and Mexican Americans have a rich deep heritage that was immortalized in writing. African American Literature beganRead MoreThe Big Black Smiling Mammy, The Sexual Deviant, And The Angry Sapphire Essay1487 Words à |à 6 PagesWhaleyââ¬â¢s Black Women in Sequence: Re-inking Comics, Graphics Novels, and Anime offer a countervision on the Black body. Women, especially Black women may welcome this book as a confirmation about recognizing, representing, and reframing their story. For this audience, Whaley will explore the historical, racial, and sexual representation of Black women in sequential art pointing out the imagined Black body through interracial relationships, African fetishism, cultural politics, financial gains and transnationalityRead MoreAnalysis Of The Book Parable Of The Sower 904 Words à |à 4 Pagesin Parable of the Sower Octavia E.Butler(1947-2006), who is one of the African-American women writers in science fiction circles. She has twice won the Hugo Award and Nebula Award,and she is also the first science fiction writer who wins the Genius award given by MacArthur Foundation. Butler has created 12 novels,includingâ⬠Parable of the Sowerâ⬠is one of the fable novels.From the perspective of genre,the science fiction novel belongs to the narrative of new slaves, describing a story how the heroRead MoreAnalysis Of The Poem Gwendolyn Brooks 1030 Words à |à 5 Pagesprize from Poetry Magazine and the 1950 Pulitzer Prize, ââ¬Å"making her the first African-American writer to be so honoredâ⬠(Shor). In 1953 Brooks tried her hand in prose ââ¬Å"hoping for the greater salesâ⬠and she changed some of her poems into a novel, Maud Martha Brooks (ââ¬Å"Gwendolynâ⬠Scribner). This novel ââ¬Å"examines racism, sexism, and classism through the eyes of an African American woman...â⬠Many people do not realize that her novel is ââ¬Å"nearly as lyricalâ⬠¦ as any of [her] poemsâ⬠(ââ¬Å"Gwendolynâ⬠Contemporary Heroes)Read More Homosexuals and James Baldwins Role in the Civil Rights Movement1512 Words à |à 7 Pages During the Civil Rights Movement, James Baldwin wrote many articles and essays on racial issues. His unique and powerful style invoked the thoughts of many people. What also made Baldwin stand out from others was his homosexuality. Baldwin wrote several essays and novels that had a homosexual theme rooted within the story. It was through this method that Baldwin was able to express his homosexuality and at the same time present a view of black culture that was highly unacceptableRead MoreMeridian, by Alice Walker874 Words à |à 4 Pagessome are older than others, in Alice Walkerââ¬â¢s fiction that exhibit the qualities of the developing, emergent model are greatly influenced through the era of the Civil Rights Movement. Motherhood is a major theme in modern womenââ¬â¢s literature, which examines as a sacred, powerful, and spiritual component of the womanââ¬â¢s life. Alice Walker does not choose Southern black women to be her major protagonists only becaus e she is one, but because she had discovered in the tradition and history they collectivelyRead MoreThe And Invisible Man By Toni Morrison And Ralph Ellison1726 Words à |à 7 Pages The Un-American Race Throughout history, the African American race has battled great social injustices. From slavery to freedom, being property to owning property, African Americans have fought their way to be a part of equal justice. For many black individuals, their identity was non-existent, stripped away, leaving them powerless due to white power. Race, class, and economic standing are all social issues that are prominent in both Beloved and Invisible Man. Toni Morrison and Ralph Ellison areRead MoreUncle Tom s Cabin, By Harriet Beecher Stowe1494 Words à |à 6 Pages Personal Stories are Essential Youââ¬â¢re always told to appeal to all audiences when writing. Sometimes that means limiting your opinion, in other words your personal views. As writers you want to draw as much attention possible to your novels. Personal stories are simply pathways authors use to relate towards readers, or to change their minds on a specified subject. Sometimes, these personal stories reach out to their own kind of people. Or it criticizes everyone for holding a blind eye towards anRead MoreThe American Dream Through Literature1496 Words à |à 6 Pagesconcept of the American Dream. That is, that any person regardless of circumstances of birth can become successful through hard work and persistence, regardless of where they came from. Despite many arguments on whether thatââ¬â¢s achievable or not, it continues to be a persistent topic in American culture. As such, the American Dream can be seen though literature, which often is a lens into life during the time of its writing. It would make sense, then, to chronicle the appearance of the American Dream throughRead MoreAnalysis Of The Book The Bluest Eye 1484 Words à |à 6 PagesSome of these involve encounters with actual people, as when white furniture movers refuse to take back the Breedloveââ¬â¢s torn couch, or when a white candy store owner displays his contemptuous indifference towards Pecola because sheââ¬â¢s black. In the novel,Morrison looks deeply into the personality of her characters, exploring the insidious ability of white supremacy to ambush the black psyche, ultimately crippling what we now call our self-esteem. The novelââ¬â¢s primary object of critique is the ââ¬Å"thingââ¬
Tuesday, December 10, 2019
Air Quality Essay Example For Students
Air Quality Essay Air Quality Dispersion Today, the air quality aspect of ARL research is by far the dominant theme, but distinctions among the themes remain somewhat vague. For example, the models developed for emergency response purposes are among those used for air quality prediction. The Air Quality and Dispersion theme is one of the strongest ties that binds ARLs components together. ARL is not heavily involved in the pure science of the business. Instead, ARL focusses on the need to assemble integrated understanding and models from all available sources, to develop the capability to predict changes in air quality that will follow changes in emissions, or that will occur as a result of meteorological factors. ARL air quality research extends to studies of atmospheric deposition essentially the coupling between the atmospheric pollutant environment and the surface below. ARL now operates the only research-grade deposition monitoring network in the nation: AIRMoN (the Atmospheric Integrated Resear ch Monitoring Network). Programs. Air Quality and Deposition Modeling Air quality models have demanded this kind of coupling for a considerable time. As a result, there are now well-developed descriptions of PBL processes in use in air quality models. ARL research products are now receiving a wider audience, within the mesoscale modeling community at large. It is recognized that modern models are invariably data assimilative, and that modern monitoring programs require coupled modeling activities for data interpretation. Model development programs are supported by a vigorous physical modeling program, located at Research Triangle Park, NC. ARL operates one of the nations major fluid modeling facilities, at which studies are conducted on the effects of mountains, buildings, and other surface obstacles on atmospheric flow patterns. Integrated Monitoring, and AIRMoN The Atmospheric Integrated Research Monitoring Network is an atmospheric component to the overall national integrated monitoring initiative that is currentl y evolving. AIRMoN has two principal components: wet and dry deposition. ARL presently focuses its research attention on ? the measurement of precipitation chemistry with fine time resolution (AIRMoN-wet), ? the development of systems for measuring deposition, both wet and dry, ? the measurement of dry deposition using micrometeorological methods (AIRMoN-dry), ? the development of techniques for assessing air-surface exchange in areas (such as specific watersheds) where intensive studies are not feasible, and ? the extension of local measurements and knowledge to describe areal average exchange in numerical models. Aerosols and visibility ARL specializes in the geochemical cycling of atmospheric aerosols, particularly the particulate component. Research groups in ARL concentrate on (a) the injection of dust and soil particles into the atmosphere, (b) the transport of particles through the atmosphere, the production of aerosol particles in the air by chemical reactions, (d) the scavenging of airborne particles by clouds and their subsequent deposition in precipitation, (e) the dry deposition of particles as air moves across different landscapes, and (f) the assembly of numerical models. Specific topics include ? the injection of dust and soil particles into the atmosphere, ? the long-range transport of particles through the atmosphere, ? the production of aerosol particles in the air by chemical reactions, ? the scavenging of airborne particles by clouds and their subsequent deposition in precipitation, and ? the dry deposition of particles as air moves across different landscapes. International ARL serves as the leader of the U.S. multi-agency effort to impose formalized and uniform quality assurance programs on the many national air quality and deposition monitoring networks that are operational around the globe. How are ozone concentrations calculated with Hysplit? Ozone is then calculated from the photostationary state equation. The IER solution is used in the operational Hysplit ozone calculation. The pollutant particles are tracked and air concentrations for each species are computed each advection time step following the usual lagrangian approaches. At the conclusion of the advection step the GRS differential equations are solved on the concentration grid (Eulerian solution), and the change of concentration of each pollutant species is applied to the pollutant mass on the particles that contributed concentration to each grid cell. -Eulerian chemistry solution on the grid dc/dt = {Equations 1 7} 1) ROC + hv -* RP + ROC Nitric oxide-ozone titration reacti on 5) RP + RP -* RP k5 = 10200 Sink for nitrogen dioxide to stable gaseous nitrates
Tuesday, December 3, 2019
Rose For Emily Conflicts Essays - A Rose For Emily, Emily
Rose For Emily Conflicts After World War One, there were many changes occurring in the world. Man's inherent need to follow tradition was now being challenged by a continually changing, modern world. The past and the present often conflicted. William Faulkner, a southern born writer, based much of his novels and short stories on this conflict. He aptly reflects the turmoil of the past and the present in, " A Rose for Emily". The conflict between the past and the present is symbolized in the beginning of the story by this description, " only now Miss Emily's house was left, lifting its stubborn and coquettish decay above the cotton wagons and gasoline pumps-an eyesore among eyesores" (331). It is ironic that the same description " stubborn and coquettish decay" can be a description for Miss Emily as well. And just like her house, which had once been white and on a " select street", Miss Emily had been a slim young girl dressed in white. But as the house fell into decay so had Miss Emily," she looked bloated, like a body long submerged in motionless water, and of that pallid hue"(332). The town played a part in Miss Emily's delusion. There were numerous complaints of a foul stench permeating from her property. A younger member of the Board of Aldermen suggested that Miss Emily be told to clean up her property. But due to the old southern ideals of honor, duty and loyalty the older, the more traditional members could not possibly confront her about this matter. "Dammit sir", Judge Stevens said," will you accuse a lady to her face of smelling bad"(333)? So in the midnight hour they chose to " slunk about the house" and apply lime to the infected areas. Then thirty years later the Board of Aldermen allow themselves to be "vanquished" by Miss Emily as they attempted to collect the delinquent taxes owed the town. The druggist also permits her to purchase arsenic without following protocol. By law Miss Emily was required to tell the druggist what she plan to do with the arsenic. She did not. Ray B.West Jr., taught at the University of Montana and the University of Kansas. He was also the editor of," Rocky Mountain Stories and " The Art of Modern Fiction". He wrote an analysis on, " A Rose for Emily", titled " Atmosphere and Theme in " A Rose for Emily" in 1949. He states, " It is the Past pitted against the Present-the Past with its social decorum, the Present with everything set down in "the books". Emily dwells in the Past, always a world of unreality to us of the Present."(68). In his analysis, Mr. West sees an atmosphere (time, place, and conditions) of unreality created by the female character, Emily. And once this atmosphere of unreality is established, the reader is being prepared for " Emily's unnatural act at the end of the story". This same atmosphere allows the reader to see Miss Emily as a " tragic figure" instead of an evil monster. Miss Emily hold on the past had made her a victim of her own values. The relationship with Homer Barron is also a conflict of the past and the present. Miss Emily, a Southern aristocrat, is the ideal of past values and Homer, a northern laborer, is a part of the ever-changing present. While Miss Emily is " of moonlight and magnolias, cotton fields, faithful old family servants and Mount Vernon mansions" a quote by Joel Williamson, a historian of the south (Williamson 401). Homer is of machinery, a hearty laugh and a man's man. Miss Emily symbolizes the slow moving pace of the old south while Homer symbolizes progress of the fast moving pace of the new south. Even during their buggy rides Miss Emily sits with " her head high", representing the past and Homer sits with his "hat cocked", representing the present. Homer must have planned to leave Miss Emily. When her father had died, she refused to acknowledge his death for three days. Her father, who had been the mainstay of her life, had left her .The father that turned away potential suitors because he felt that they were not good enough for his daughter. I t was said that she had to "cling to that which had robbed her". Homer entered her life by courting her publicly, for there not to be marriage, would have robbed her of her dignity and high standing in the community. The ladies of the town had
Wednesday, November 27, 2019
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 inà criminal lawà 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 ââ¬â 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 ââ¬Ëact requirementââ¬â¢, 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 ââ¬Ëcausing deathââ¬â¢ rather than ââ¬Ëkillingââ¬â¢, and refining the damage offences in terms of ââ¬Ëcausing damageââ¬â¢, rather than ââ¬Ëdamagingââ¬â¢, so as ââ¬Ëto leave fully open the courts the possibility of so constructing the relevant (statutory) provisions as to impose liability for omissionsââ¬â¢. 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 ââ¬â 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 Bââ¬â¢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 Bââ¬â¢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 ââ¬â 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 learnerââ¬â¢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 learnerââ¬â¢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 ââ¬Ëvoluntaryââ¬â¢ 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 ââ¬â 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, ââ¬Ëcriminal law- causationââ¬â¢) [ 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
Saturday, November 23, 2019
Free Essays on Imagine World Peace
John Lennonââ¬â¢s song ââ¬Å"Imagineâ⬠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. Lennonââ¬â¢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 donââ¬â¢t know what the music of the ââ¬Å"futureâ⬠will sound like, but I believe a song like this is one that can be enjoyed by all generations to come. It isnââ¬â¢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 personââ¬â¢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 Beethovenââ¬â¢s ââ¬Å"Moonlight Sonataâ⬠and Bachââ¬â¢s ââ¬Å"Fantasiaâ⬠. In that regard, this song is seen as one the greatest songs of our century, and isnââ¬â¢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 donââ¬â¢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 werenââ¬â¢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 Lennonââ¬â¢s song ââ¬Å"Imagineâ⬠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. Lennonââ¬â¢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 donââ¬â¢t know what the music of the ââ¬Å"futureâ⬠will sound like, but I believe a song like this is one that can be enjoyed by all generations to come. It isnââ¬â¢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 personââ¬â¢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 Beethovenââ¬â¢s ââ¬Å"Moonlight Sonataâ⬠and Bachââ¬â¢s ââ¬Å"Fantasiaâ⬠. In that regard, this song is seen as one the greatest songs of our century, and isnââ¬â¢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 donââ¬â¢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 werenââ¬â¢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...
Thursday, November 21, 2019
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 worldââ¬â¢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 itââ¬â¢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 Cummingsââ¬â¢ 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
Subscribe to:
Posts (Atom)