Aaron Burr - Biography and the Duel with Hamilton

Aaron Burr - Biography and the Duel with Hamilton Aaron Burr is mostly remembered for a single violent act, the fatal shooting of Alexander Hamilton in their famous duel in New Jersey on July 11, 1804. But Burr was also involved in a number of other controversial episodes, including one of the most disputed elections in American history and a peculiar expedition to the western territories that resulted in Burr being tried for treason. Burr is a puzzling figure in history. He has often been portrayed as a scoundrel, a political manipulator, and a notorious womanizer. Yet during his long life Burr had many followers who considered him a brilliant thinker and a gifted politician. His considerable skills allowed him to prosper in a law practice, win a seat in the U.S. Senate, and nearly attain the presidency in a startling feat of deft political gamesmanship. After 200 years, Burr’s complicated life remains contradictory. Was he a villain, or simply a misunderstood victim of hardball politics? Early Life of Aaron Burr Burr was born in Newark, New Jersey, on February 6, 1756. His grandfather was Jonathan Edwards, a famous theologian of the colonial period, and his father was a minister. Young Aaron was precocious, and entered the College of New Jersey (present day Princeton University) at the age of 13. In the family tradition, Burr studied theology before becoming more interested in the study of law. Aaron Burr in the Revolutionary War When the American Revolution broke out, the young Burr obtained a letter of introduction to George Washington, and requested an officers commission in the Continental Army. Washington turned him down, but Burr enlisted in the Army anyway, and served with some distinction in a military expedition to Quebec, Canada. Burr did later serve on Washington’s staff. He was charming and intelligent, but clashed with Washington’s more reserved style. In ill health, Burr resigned his commission as a colonel in 1779, before the end of the Revolutionary War. He then turned his full attention to the study of the law. Burrs Personal Life As a young officer Burr began a romantic affair in 1777 with Theodosia Prevost, who was 10  years older than Burr and also married to a British officer. When her husband died in 1781, Burr married Theodosia. In 1783 they had a daughter, also named Theodosia, to whom Burr was very devoted. Burr’s wife died in 1794. Accusations always swirled that he was involved with a number of other women during his marriage. Early Political Career Burr began his law practice in Albany, New York before moving to New York City to practice law in 1783. He prospered in the city, and established numerous connections that would prove useful in his political career. In the 1790s Burr advanced in New York politics. During this period of tension between the ruling Federalists and the Jeffersonian Republicans, Burr tended not to align himself too much with either side. He was thus able to present himself as something of a compromise candidate. In 1791, Burr had won a seat in the U.S. Senate by defeating Philip Schuyler, a prominent New Yorker who happened to be the father in law of Alexander Hamilton. Burr and Hamilton had already been adversaries, but Burr’s victory in that election caused Hamilton to hate him. As a senator, Burr generally opposed the programs of Hamilton, who was serving as secretary of the treasury. Burrs Controversial Role in the Deadlocked Election of 1800 Burr was the running mate of Thomas Jefferson in the presidential election of 1800. Jefferson’s opponent was the incumbent president, John Adams. When the electoral vote produced a deadlock, the election had to be decided in the House of Representatives. In the prolonged balloting, Burr  utilized his considerable political skills and nearly pulled off the feat of bypassing Jefferson and gathering enough votes to win the presidency for himself. Jefferson finally won after days of balloting. And in accordance with the Constitution at the time, Jefferson became president and Burr became vice president. Jefferson thus had a vice president he didn’t trust, and he gave Burr virtually nothing to do in the job. Following the crisis, the Constitution was amended so the scenario of the 1800 election could not occur again. Burr was not nominated to run with Jefferson again in 1804. Aaron Burr and the Duel With Alexander Hamilton Alexander Hamilton and Aaron Burr had been conducting a feud since Burr’s election to the Senate more than 10  years earlier, but Hamilton’s attacks on Burr became more intense in early 1804. The bitterness reached its climax when Burr and Hamilton fought a duel. On the morning of July 11, 1804 the men rowed across the Hudson River from New York City to a dueling ground at Weehawken, New Jersey. Accounts of the actual duel have always differed, but the result was that both men fired their pistols. Hamilton’s shot did not strike Burr. Burrs shot struck Hamilton in the torso, inflicting a fatal wound. Hamilton was brought back to New York City and died the next day. Aaron Burr was portrayed as a villain. He fled and  actually went into hiding for a time, as he feared being charged with murder. Burrs Expedition to the West The once-promising political career of Aaron Burr had been stalled while he served as vice president, and the duel with Hamilton effectively ended any chance he may have had for political redemption. In 1805 and 1806 Burr plotted with others to create an empire consisting of the Mississippi Valley, Mexico, and much of the American West. The bizarre plan had little chance for success, and Burr was charged with treason against the United States. At a trial in Richmond, Virginia, which was presided over by Chief Justice John Marshall, Burr was acquitted. While a free man, his career was in ruins, and he moved to Europe for several years. Burr eventually returned to New York City and worked at a modest law practice. His beloved daughter Theodosia was lost in a shipwreck in 1813, which further depressed him. In financial ruin, he died on September 14, 1836, at the age of 80, while living with a relative on Staten Island in New York City. Portrait of Aaron Burr courtesy of New York Public Library Digital Collections.

Nursing ethics

Nursing ethics For the purpose of this assignment, ethics in relation to nursing will be discussed. "Ethics; A code of principles governing correct behaviour, which in the nursing profession includes behaviour towards patients and their families, visitorsand colleagues" (Oxford Dictionary of Nursing 2004).This assignment will consider autonomy as identified in a practice placement, but will also look briefly at the ethical principle of non-malefience that is relevant in this assignment. It will also closely look at this issue and will describe how the principles of ethics apply to practice. In accordance with the Nursing and Midwifery Council (NMC 2004).Any names of patients referred to in this assignment have been changed to protect their confidentiality. The NMC states as a registered nurse you must guard against breaches of confidentiality by protecting information from improper disclosure at all times. The placement referred to in this assignment is an Elderly Mentally Infirm (EMI) home, which is located on Merseyside.The logo of NHS WalesThe United Kingdom Central Midwifery and Health visiting Council (UKCC 2002, clause 6)). Which is now known as The Nursing and Midwifery Council (NMC) Also state that "Health Care Professionals should recognize the respect the uniqueness and dignity of each patient and client, and respond to their need for care irrespective of their ethnic origin, religious beliefs, personal attributes, the nature if their health problems or any other factor".Autonomy ("Greek: Auto-Nomos - nomos meaning "law": one who gives oneself his own law) means freedom from external authority": Wikipedia, encyclopedia (2004).On this placement, there were several examples of how autonomy influenced care delivery; this assignment will address two of these examples. The first incident involved an eighty six year old lady called Betty, who suffered with severe dementia, the Practice nurse from her surgery was coming into the home to...

Education Master Personal Statement Example | Topics and Well Written Essays - 3000 words

Education Master - Personal Statement Example The enhancement training would allow me to understand the special needs of my students in prison and with the deaf and dyslexic, and develop better teaching strategies that will truly respond to my students' needs. This paper documents the plan, the learning process and the outcomes of learning Rehabilitation Counseling. It describes how I went through the learning experience and applied principles and theories in psychology and education and present insights on the experiences. I intended to enroll in a short term 3 day-long course on Rehabilitation Counselling because it would enskill me to address special concerns of my clients. Rehabilitation Counselling course is a special program for individuals who "perform counseling on persons with disabilities and their families to identify and resolve them." These counselors "plan individual rehabilitation programs and provide support and direction during rehabilitation process, arrange for medical and psychological evaluation and vocational testing and/or work evaluation and place clients in jobs" (Wisconsin DWD) Parts of the methodology for the formal training in rehabilitation counselling is a simulation exercise or role playing and going through training assessment or evaluation. It was my belief that going through short term course would not be enough to master the skill especially given a short span of time, so that I intended to supplement this an on-line counseling course and with my own research activities, through books, video and interview with other counselors and experts. The learning process would not end in just acquiring the skill and passing the skills training assessment. I also intended to go through the licensing process to legally practice counselling and be an accredited member of the British Association for Counselling and Psychotherapy (BACP) or other licensing and accreditation organizations where my practice is covered. The Learning Process I enrolled in a short term 3-day introductory course in Rehabilitation Counseling at Thomas Danby College last April 20-22, 2007. I also enrolled at an on-line counseling program offered by Tipperary Institute at Thurles Tipperary which also started in April. My classes in Tippery are expected to end on September 15, 2007 although this is through the Internet. At this writing online course at Tippery is ongoing but the short term course at Thomas Danby College was completed. The analysis of the learning process will particularly center on the completed short term introductory course on Rehabilitation Counseling at Thomas Danby College. The course focused on these modules: foundations of counseling, principles and techniques of rehabilitation counseling, clinical techniques, assessment techniques and practicum activity. The course was packaged to suit the schedule of working counselors, which luckily was a big advantage on my part. The class sessions were a continuous three (3) whole day activities which turned out to be very convenient

Semiotic Analysis Case Study Example | Topics and Well Written Essays - 1250 words

Semiotic Analysis - Case Study Example He interpreted the sign to be a physical object with meaning, consisting of the 'signifier' and the 'signified'. The 'signifier' according to him, was the material vehicle for the sign and the 'signified' was the mental concept it represented which was a common factor between every member of the same culture, sharing the same language. (Fiske 1990:43) While on the other hand, paradigmatic analysis deals with the examination of paradigms embedded in the text. Commutation tests are often used in paradigmatic analysis. Commutation test involve the analysis by substituting words of the same class or type to regulate the shifts in connotation. They help in analyzing an advertisement from different perspectives through signs. They take into consideration different aspects of the 'signifier' and 'signified'. To interpret the message of the advertisement in the context of different themes, genres or mediums, a paradigmatic approach should be used. (T. Vestergaard, and K. Schroder, 1985) Connotative meanings are those that are not purposeful representations of the object, but, new usages that have been produced by the language group. Connotative meaning examines the associations, the feels and overtones of a concept, and rather does not see it explicitly. Taking a close look at the definition given Saussure (1857-1913), a sign consists of two parts: Being a signifier entails, it will have a structure that a person can witness through his senses of touch, smell, sight and hearing, and Being the signified implies, it will symbolize an idea or mental build of a thing instead of the object itself Whereas on the other hand, according to Chandler, Daniel. (2001/2007), a denotation is the literal or surface meaning preset to a signifier. Meanings that are connotative are developed by the masses and do not show the inherent qualities of the thing or concept in actuality signified as the meaning. The accumulation of such meanings introduces complexity into the system of coding. If a signifier has only one denotational meaning, the use of the sign will always be unambiguously decoded by the audience. But connotative meanings are those that are dependent on the context, i.e. the addressee must learn how to make both the meanings correspond; the meaning intended by the sender and the multiple probable meanings in memory. While the syntagmatic analysis, analyzes the textual aspect which compares a shot particularly in photography with other preceding and succeeding shots. On the other hand, paradigmatic analysis compares shots, but not against other alternative kinds of shots, as far as photography is concerned (C. Bazalgette, 1991). The theories of semiotics are thus regarded as a unifying matrix which underlie most of the so-called humanities, as well as many of the social and behavioral sciences. Thus it informs and impinges the important segments of the behavioral sciences, such as psychological studies, and the hard sciences, such as biology and physics

Screening Medical Disorders Essay Example | Topics and Well Written Essays - 750 words

Screening Medical Disorders - Essay Example Correspondingly, the data collected also provided idea that a considerable number of people need support during post-treatment phase owing to certain difficulties that are likely to arise. These types of criticalities have certain impacts on the patients that include both physical as well as psychological complications. Therefore, therapists aligned with providing effective care play a significant role to undertake these decisions during such emergency associated with surgeries or other critical diseases. Additionally, the physical therapists must possess adequate knowledge for providing proper medical treatment. Adequate knowledge about providing primary care enables the therapists to take proper care of the patients and assists them in recovering from their ailments. However, if the physical therapists lack technical knowledge regarding the surgical process or treating patients suffering from critical diseases then it is most likely that the patients are provided with a vague or im proper treatment. This might also add up to further deterioration of health and can lead to loss of life (Boissonnault, 2010; Fair, 2010). Additionally, the patients who have participated in the survey have considerable knowledge regarding surgery and other diseases that they are suffering. This further reflects that the primary care therapists taking care of the same are playing an effective role towards educating the patients about the diseases and providing knowledge about the probable treatments.

Analysing Jamaican Creole Through English Language Essay

Analysing Jamaican Creole Through English Language Essay Creoles can be generally defined as genuinely mixed languages, which emerged from the blending together of two or more different languages and became the mother tongue of a new generation of speakers, acquiring the full range of communicative functions that a native language needs (Svartvik 2006: p.183). Most creoles developed as a result of colonialism and lived side by side with the dominant language. As a consequence, these contact varieties were reduced to lower functions and seen as deviant or broken forms of the language from which they derived. Nevertheless, since postcolonial times, there has been a shift towards the recognition and acceptance of national languages and identities, which has given rise to a new status and opportunities for those stigmatised varieties (Schneider 2007). Jamaican Creole, generally known as Patwa, can be considered as a good example of English-based creole which has begun to overcome stigma around its use and be recognised as a fully developed lan guage, as well as a symbol of Jamaican identity ( Schneider 2010: p.102). Jamaican Creole has its origins in the late 17th century, when British colonised the territory (1655) and imported slaves from West Africa to work in the plantations. Those Africans soon started to outnumber white population and became the linguistic models of the new slaves, contributing with this to spread the creole (Schneider 2007). During the decades of colonialism, Jamaica ´s language and culture were dominated by the British norms. In this sense, Standard English was considered as the highest variety, acquired through formal education and used in public and formal context (Devonish and Harry 2008: p. 256); for its part, Jamaican Creole was stigmatised as a bastardized distortion of English, to be avoided at all costs in public discourse (Schneider 2010: p.102). After independence in 1962, a sense of nationalism emerged and led to new attitudes towards Jamaica ´s national culture and language. However, this way for acceptance was not easy and Jamaicans had to fight against prejudices and an exonormative orientation which favoured the Standard variety without taking into account realities of language use and the Jamaicans ´ identity (Schneider 2007: p.234). The figure of Louise Bennett may be used to represent the spirit of this period and can help us to understand the current linguistic situation in Jamaica. Therefore, taking one of the Bennett ´s most famous poems Back to Africa (1966), we are going to analyse the features of Jamaican Creole, as well as the reason that led the poet to use this variety and the ideas she wanted to transmit. The poem deals with a girl, called Miss Mattie, who wants to go back to Africa because she thinks that her homeland is there. The poetic voice develops a group of arguments to try to persuade the girl not to emigrate to that continent and, at the same time, offers the reader a good description of Jamaica ´s essence. Firstly, Bennett presents Jamaica ´s population as a combination of different cultures: (à ¢Ã¢â€š ¬Ã‚ ¦) you great great great/ Granma was African/ But Mattie, doan you great great great/ Granpa was Englishman? (à ¢Ã¢â€š ¬Ã‚ ¦)/ You whole generation (à ¢Ã¢â€š ¬Ã‚ ¦)/ oonoo all is Jamaican! According to Holm (2000: p.93): Ethnic origin of the population in the 1960 census was 76% African, 15% Afro-European, 3.5% East Indian, 1% European, 1% Chinese and 3% other. Nowadays, it is estimated that over 90% of Jamaica ´s population are of African origin (Schneider 2008: p.610). Secondly, the poet alludes to Jamaicans ´ facial features and colour, which reflect their African heritage and distinguish them from English people: oh, you view the countenance/ and between you an de Africans/is great resemblance!. Therefore, Bennett introduces in this poem the defining characteristics of the Jamaican population: their cultural melting pot and their strong African roots. Finally, the poetic voice claims that the girl does not need to look for her homeland because Jamaica is already her home: you dah go fe seek you homelan/ for a right deh so you deh!. In this sense, the poet considers that the real homeland is the place where one is born, rather than the country of ancestral origins. In the same vein, Bennett also seems to encourage Jamaicans to accept their African heritage and make the island their own home, as it is the only way to achieve self-identification: do Sure a whe you come from so you got/ somewhe fe come back to! Regarding the language, the poem is entirely written in basilectal creole. Jamaican Creole has West African languages as its substrate (Startvik 2006: p. 183); which means that languages from Akan, Kwa and Buntu families are likely to have influenced part of Jamaican basic grammar and pronunciation (Patrick 2008: p.610). In this sense, as it can be seen in the poem, Jamaican Creole shares several characteristics with the rest of Atlantic Creoles and differs in some aspects from the English grammar. Firstly, in Jamaican Creole, tense and aspect are not marked by inflectional morphology, but by context. Therefore, neither the third person singular -s nor the past form of the verb come were found in the poem: Ef the whole worl start [`starts ´] fe go back/ whe dem great granpa come [`came ´] from!. In the same vein, progressive aspect is only signalled by pre-verbal dah (you no know wha you dah seh?) and the base form of the verb is used to express participle function in do/Sure a whe you come [`have come ´] from (à ¢Ã¢â€š ¬Ã‚ ¦); however, non-concord was appears in the poem to express the past form of the verb to be: (à ¢Ã¢â€š ¬Ã‚ ¦) you great great great/ Granma was Africa. Secondly, auxiliary verbs were not found in interrogative or negative sentences. Negation is marked by means of the preverbal negator no, both in negative declaratives sentences and in imperative ones. The use of no is a distinctly creole feature (Scheneider 2010: p.106), which is also very common in other languages, such as Spanish, and can be seen in the early stages of the grammar of second language learners, as well as in child language acquisition. Other negative structures are the use of doan in negative tags (But Mattie, doan you great great great/ Granpa was Englisman?) and the presence of double negations (But no tell nobody say); which is a feature that appears not only in other creoles, but also in other non-standard English varieties (Schneider 2010: p.106). Regarding pronouns, first and second personal forms were found: Me, you, oonoo (`unu ´) and also interrogative pronouns; such as weh/whe (`where ´), as well as the possessive form who-fa (`whose ´). Furthermore, as Patrick (2008: p.633) claims, bare personal pronouns sometimes fulfil possessive functions; in this sense, you can refer to the personal pronoun you or to the possessive you: Ef a hard time you dah run from/Tek you (`your ´) chance!. In the same manner, a single preposition can also cover a range of functions (Schneider 2010: p.106): Mus go back a (`to ´) Englan, de balance a (`of ´) you family. The use of a single form playing several roles is a characteristic that all the linguistic systems possess as a result of applying one of the most fundamental principles of the language: economy. Another feature of Jamaican Creole is the lack of grammatical suffixes (Schneider 2010: p.106). In this sense, possessive -s is avoided and, as Patrick (2008: p.633) says, possession can be expressed by juxtaposition (possessor+ possessed), as in great granmader fader, or by the use of the preposition a (`of ´), as in de balance a you family. In the same vein, plural of nouns are generally not marked or they are expressed by means of the morpheme dem, although it was not found in this poem; rather, Louise Bennett alternates zero-marking of plural (American), very common in basilectal speech, with the plural allomorph -s (Africans), which is closed to mesolectal and acrolectal forms. Finally, it is necessary to point out the use of passive meanings in active form (as in oonoo all barn dung a Bun Grung), as well as the use of fe (`to ´) as the infinitive marker and the presence of say and seh as the complementizer (correspoding to that) to introduce a finit object clause after verb s of thinking or talking (Schneider 2010: p. 106): Me know say dat [`I know that ´] (à ¢Ã¢â€š ¬Ã‚ ¦) Apart from the grammar, the manner in which some words were written contributes to reflect locally pronunciation features. In this sense, it was found that the diphthong /ei/, as in `take ´, is monophthongized, giving rise to the form tek. In the same manner, fricatives [ÃŽÂ ¸], [ÃÆ' °] and [Ê’]  do not exist in Jamaican creole (Devonish and Harry 2008: p. 285); therefore, they are substituted by stops (Schneider 2010: p.105), as in the case of dat (`that ´), fader/mader (`father ´/`mother ´) or den (`then ´). Finally, as in other varieties, word-final or syllable-final consonant clusters are usually omitted (Schneider 2010: p.105); this can be seen in words as granpa/granma (`grandpa ´/ `grandma ´), an (`and ´), mus (`must ´) or homelan (`homeland ´). Writing her poems in Jamaican Creole and talking about a national identity, Louise Bennett shows her commitment to a language and a culture that have been undervalue and marginalised throughout time. In this sense, she demonstrates that Jamaican Creole is neither a broken or deficient variety, but, as it was analysed, one fully developed language with its own grammar and vocabulary (Svartvik 2006: p. 176) and; consequently, as able as the Standard English to express the whole range of human experiences, thoughts and emotions. Figures as Louise Bennett contributed to instil pride in Jamaican ´s national language and culture; that is why, nowadays the linguistic situation in this country is totally different from past decades. Although, Standard English is expected to be the variety used in official contexts and by educated speakers (Schneider 2007), most Jamaicans speak a kind of mesolect, a variety which is midway on the continuum between creole and the standard language (Svartvik 2006: p.181) and they moved towards acrolectal or basilectal forms depending on several factors, such as the formality of the context or the social relationship between the interlocutors (Schneider 2007). This lack of correspondence between expectations and reality has led to more tolerant attitudes which have result in new education policies, more presence of creole in political and literary contexts, as well as in the media. Furthermore, attempts to codify the variety with the elaboration of grammars (Cassidy) and dictionari es (Dictionary of Caribbean English Usage) reflect the efforts to make Jamaican Creole an official language (Schneider 2007). However, fifty years after the political independence, some prejudices and debates about the use of Creole still remain and it is only in the power of Jamaicans to make creole a stronger language and a symbol of their identity. Modal verbs, such as mus (`must ´), and the infinite marker fe (`to ´) were also found in the poem, both fulfilling the same function as in Standard English.

Gender-Bending in Shes Come Undone :: Shes Come Undone Essays

Gender-Bending in She's Come Undone  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚   Is Wally Lamb, author of   She's Come Undone, "qualified" to write a first-person narrator in a female voice? After all, as a man, what does he know about women's issues? In this essay I will discuss the issue of "gender-bending" writers and discuss Mr. Lamb's use of such tool.    The term "gender-bender" usually refers to a pop singer or a follower of a pop cult "...who deliberately affects an androgynous appearance by wearing sexually ambiguous clothing, make-up, etc. (Ayto and Simpson 81)" While authors are not included in this specific definition, we must not overlook the possibility that writers can fall under the category of being a "gender-bender." Applying some of the same characteristics of the definition, I believe that an author can be a "gender-bender" by changing the voice of the writer in the novels. Wally Lamb would fall under this category, because as a male author, he is writing his main character in a female voice. The concept of "gender-bending" authors is not completely foreign to literature, while it may not be applied to the definition presented above. For example, in detective novels that are written by women, some of the characters take on different genders than their writers. In the following passage, taken from the essay "Gender (De)Mystified: Resistance and Recuperation in Hard-Boiled Female Detective Fiction," by Timothy Shuker-Haines and Martha M. Umphrey, discussion is made of detective author Sue Grafton's ability to write in the male persona. Kinsey Millhone's [a female character in the book F Is for Fugitive] persona is gendered substantially as masculine. A woman who has few friends and lives for her work, she is self-consciously, almost parodically male-defined, as, for example, when she describes her tendency to amuse herself with the abridged California Penal code and textbooks on auto theft rather than engaging in the teatime gossip of a Miss Marple. (Delamater and Prigozy 73) "Gender-bending" also refers to sex change operations. Such as the case with performance artist Kate Bornstein - a graduate of Brown University - who underwent such an operation thirteen years ago. In an article on the school's website, Ms. Bornstein discusses "gender-bending" and some of the issues she discusses can also apply to "gender-bending" in novels. The way I view gender is a way to express yourself. ...Gender is just a doorway, and so is sexuality, race and age.

Easements Land Law Essay

In the past, English law has been underpinned by a strong and generally unifying desire to protect the rights of persons who could demonstrate a long established de facto enjoyment of land. Indeed, the Prescription Act 1832 legislatively entrenched prescription, and in particular, prescriptive easements. The underlying assumption was that the principle of prescription was necessary to reconcile the conflicting interests of landowners The basis of prescription is that if long enjoyment of a lawful right is shown, the courts will uphold the right by presuming it had a lawful origin. There are three types of prescription, namely, prescription at common law, prescription under the doctrine of lost modern grant and prescription under the Prescription act 1832. The following document will discuss the current short comings of the law of acquisition of easements by prescription and provide detailed study of recommended reforms. The first area to discuss is the acquisition of easements by prescription at common law. To acquire an easement under common law, the claimant has to show that the easement has been enjoyed not just for a long period of time but since time immemorial, that is, since 1189. One of the first identified issues with acquisition under common law was the idea of time immemorial, the issue arose in Bryant v Foot , where a rector tried to establish a claim to a fee for marriages performed in his parish church. Early use was proved but it was held that the fee of 13 shillings could not have been so high in 1189 and therefore the right could not have existed since time immemorial. The presumption of time immemorial can be rebutted by the owner of the allegedly servient land demonstrating that this was not infact the case. This was demonstrated in the case of Duke of Norfolk v Arbuthnot where a claim to prescription failed upon proof that the church in question had been built around 1380 and therefore, even though the right had existed for centuries, it had not existed since 1189. The courts later decided to use the idea of living memory, which later became 20 years. However it has been generally assumed that the ancient common law principle nowadays adds nothing to the other grounds of prescriptive claims as it is virtually impossible to make a successful claim to a prescriptive right at common law. The common law principle of prescriptive acquisition has no place in the modern times. The doctrine of lost modern grant was â€Å"developed because of unsatisfactory nature of common law prescription†. As it was difficult to that a right has been exercised since 1189, the law allowed a much easier test to be applied. Claims are based on a legal fiction which suggests that a grant had been made at one time but the grant had been lost. In Tehidy Minerals Ltd v Norman , it was said that the legal fiction would be adopted â€Å"where there has been upwards of 20 years† uninterrupted enjoyment of an easement, such enjoyment having the necessary qualities to fulfil the requirements of prescription. Evidence to raise the presumption must be stronger than that required for prescription at common law, and the fiction can only be relied upon if the claim fails at common law. The current problems with the law of lost modern grant are that the presumption of a grant having existed is strong as such that it cannot be rebutted by proof positive that no grant was made. It was hard to persuade Juries to make the presumption under lost modern grant that a grant had existed, even though there was sufficient evidence to prove that it could not have. The act was passed to remedy the situation, As Thesiger J explained in Sturges v Bridgman, â€Å"The act fixes periods for the acquisition of easments, but it does not alter the character of easements or of the user or enjoyment by which they are acquired†. The main intention behind its drafting was to shorten the time of prescription in certain cases. It has been castigated as â€Å"one of the worst drafted acts on the Statute book†. The act is intended to supplement, rather than displace, the other grounds of prescription. It also has been criticised for being overly complex. Various shortcomings of the act have been outlined in cases and by critics. One of the outlined flaws is that the period of 20 years to find a prescriptive right under the act has to be the 20 years next before action b rought. Therefore the period must be calculated back from â€Å"some suit or action wherein the claim or matter to which such right may relate shall have been or shall be brought into question† . This means that even though the right may have been enjoyed for the past 80 years, the claim will fail unless the last 20 years immediately before the action have been â€Å"without interruption†. The claim will also fail if both tenements had been owned or occupied by the same person anytime immediately before the action. The minimum period of 20 years has to be â€Å"next before action† and without interruption. If the interruption originated 19 years and one day prior to the action, the year’s interruption would not be completed until one day after 20 years. If the dominant owner did not make his claim before the last day of the year he would be too late. As on the next day the fatal period on one year’s interruption would be complete, thus he only has one day only in which to make his claim. The use of vague vocabulary such as the term â€Å"interruption† has amounted to masses of criticisms. Interruption has a special meaning for the purposes of prescription act, it says that even when there is some hostile obstruction, it will not amount to an interruption unless and until the claimant has acquiesced in the obstruction for one year after becoming aware of it and knowing who was responsible for it. Reforms One of the suggested reforms by the Law commission was to â€Å"abolish prescriptive acquisition with prospective effect†. The arguments presented in favour of abolishing prescriptive acquisition do hold some influence. It has been long contended that there is no longer nay moral justification for the prescription of easements. Is it fair to take unfair advantage of a â€Å"good neighbourly† attitude? Prescriptive acquisition allows the dominant owner to get something in exchange for nothing, the owner of the servient land is in no way compensated. For some Law reform parties abolishment of Law of Prescription may be the easiest and safest method of restoring certainty to the law, however to point to the complexity of the law does not address the fundamental issue as to whether prescription in some form is still necessary in land law. Abolishing prescription will not resolve all problems posed by prescriptive easements. There are other possibilities of reform rather than complete abolishment, one of them being abolition being subject to transitional provisions through the land registration system, a transitional provisions period could be set which would allow people who had acquired a prescriptive easement to register it. There is a clear advantage to this, Landowners are placed on notice that they are required to take steps to secure their rights or loose them altogether. In this way, after a specified time limit there is the chance of completely abolishing the acquisition of easements by prescription. It is also likely that the abolition of prescriptive easements would create a legal vacuum in respect to prospective acquisition by prescription. As pointed out earlier, the law of prescription was important for long established de facto users when there was no other way of acquiring an easement, particularly when the servient owner was unwilling to negotiate a bargain for easement rights. Yet the alleged easement served and continued to serve a practical or economic purpose for the dominant owner. Indeed, it was unlikely that a dominant owner would claim an easement by prescription for theoretical or historical reasons only. The claim based on retrospective long user was inextricably intertwined with present value. As English Land Law is going through its transition from the period of possession to registration it is unlikely that the law of prescription will be kept in its current form. In 1998, the Law Commission and H M L Registry considered that far reaching action was necessary. The question will be whether to modify prescription or abolish it altogether, it will depend upon whether long established de facto enjoyment can be accommodated within a system where the frame of reference is registration and the major goal is the protection of bona fide purchasers. Attempts have been made to encounter these issues in the Land Registration Act 2002 and The Commons Act 2006.

Falstaff Essays - Henry IV Of England, Henry V Of England

Falstaff Essays - Henry IV Of England, Henry V Of England Falstaff Falstaff: Lion or Loon In Maurice Morgans The Dramatic Character of Falstaff, he gives us a critical interpretation of the Shakespearian character, Sir John Falstaff, looking at him from every point of view but a Laymans one. He summarizes Falstaff incompletely, including quotes from Henry IV, Part Two and not as much from Henry IV, Part One, which gives more information about Old Johns character (in the first scene with Falstaffs character) from the beginning, but rather stays focused on what leads to his tragic fate. Morgan starts by giving us his thesis statement, which is questioning of whether Falstaff was a coward or if he was a courageous character. This is what I thought the article would be mainly explaining; I was wrong. Morgan seems to go off on tangents, placing Falstaffs character in weird positions by comparing and making relations between other characters in Shakespeares historical plays. He makes an odd point by telling the reader to look at every man as two characters, rebuttaling what his goal for the essay is to be. Every man we may observe, has two characters; that is, every man may be seen externally, and from without;- or a section may be made of him, and he may be illuminated within (Morgan 88). There were good points too, like when he defines what courage and cowardice were in Shakespeares time, which I thought was very educational: Personal courage may be derived, especially after having acknowledged that he seemed to have deserted those points of honour, which are more peculiarly the accompaniments of rank. But it may be observed that in Feudal ages rank and wealth were not only connected with the point of honour, but with personal strength and natural courage(Morgan 88). I have to say, Morgan does do a wonderful job of concluding Falstaffs actions with his witty personality and need for attention but as soon as he tries to get back to the subject of coward or courageous, he then changes to another topic. This was very frustrating since Morgan made some excellent points but seemed to have his ideas disorganized. In the end of his essay, I was holding out to read if Morgans evaluation had a good ending decision of Falstaffs coward or courageous character; it didnt. I was very disappointed since I had read all of his points and was waiting for the finale. Morgan concluded his essay with a confusing whimper and not an answering bang. Morgan writes, on which the reader is left to bestow what character he pleases (Morgan 93). In my opinion, this is slightly rude since Morgan faced us with a question and did not even have the courage to answer it himself. All in all, I believe Morgan has an excellent grasp on Falstaffs character in the later plays, but missed Prince Hals great description in Henry IV, Part One making me question his expertise on the subject matter. By the end of reading this interpretation, I felt like I had just gone through an intellectualized mess of words that I was left to organize for review. Someone should tell Maurice Morgan that most of his readers are students and not super-intellectuals. As for Falstaff, I thought he was a very concentrated character whom, like any real person, has many sides to them. This is why, to me, Shakespeare was a great writer; he knew the human spirits goods and evils and how these things are what makes us thrive and gives us dimensions. These dimensions are what Falstaff has plenty of (no pun intended) in his characterization. I would hate to say that Falstaff is a coward. By the end of Henry IV, Part One, he is the man/character that makes the people laugh the most and so they make a personal connection with him. Because of this, it is hard for any audience to label him with a shameful name since he has given them a few instances of happiness. Also, I have questioned if Shakespeare wrote Falstaff to only be a comedic character, releasing him from being a tragic or hero, since most valiant people that he portrays sound a lot healthier than Falstaff. In conclusion, I believe that Morgan has written a

Free Essays on What Does It Really Mean To See

What Does it Mean to See? â€Å"Amazing grace how sweet the sound that saved a wretch like me. I once was lost but now I’m found. T’was blind but now I see.† This song is very old, but it’s message is timeless. This song is not talking about the physical as much as the spiritual. It talks about being saved by God and His grace, and how this saving has allowed the song writer to live and see through his heart. This new sight allows him to see God in everything, and by seeing God, the true light, he is never going in the wrong direction. â€Å"Amazing Grace† says a lot, and it speaks directly to us as a class as we learn to take a step back a put on our spiritual glasses as I’ve always called it. In particular we are learning what a sacrament is, beyond those given to us through scripture. As a class we are using each other’s stories and the stories of published peoples to aide us in our quest. We are learning what it truly means to see, looking beyond the physi cal and into the spiritual, connecting us to God. One of the first people we were introduced to was Dewitt Jones, a photographer for National Geographic. He helped us to understand the power of perspective in a very tangible manner, by using photography as an analogy for life. This enabled him to give us great instructions for seeing. One thing he said that struck with me was, â€Å"We have the ability to look at the ordinary and see the extraordinary.† In my opinion, the real message behind this statement, instructs us to take a more active role in seeing. It means no longer can we look in the direction of something and say we saw it, we have to dig deeper than that. We have to look beyond the general picture, and really notice the intricacies, all the parts that make up the whole. Jones also says, â€Å"Reframe difficulties or dullness into opportunities.† This is great because so often we miss life’s most beautiful art because we can’t see past the frame it i... Free Essays on What Does It Really Mean To See Free Essays on What Does It Really Mean To See What Does it Mean to See? â€Å"Amazing grace how sweet the sound that saved a wretch like me. I once was lost but now I’m found. T’was blind but now I see.† This song is very old, but it’s message is timeless. This song is not talking about the physical as much as the spiritual. It talks about being saved by God and His grace, and how this saving has allowed the song writer to live and see through his heart. This new sight allows him to see God in everything, and by seeing God, the true light, he is never going in the wrong direction. â€Å"Amazing Grace† says a lot, and it speaks directly to us as a class as we learn to take a step back a put on our spiritual glasses as I’ve always called it. In particular we are learning what a sacrament is, beyond those given to us through scripture. As a class we are using each other’s stories and the stories of published peoples to aide us in our quest. We are learning what it truly means to see, looking beyond the physi cal and into the spiritual, connecting us to God. One of the first people we were introduced to was Dewitt Jones, a photographer for National Geographic. He helped us to understand the power of perspective in a very tangible manner, by using photography as an analogy for life. This enabled him to give us great instructions for seeing. One thing he said that struck with me was, â€Å"We have the ability to look at the ordinary and see the extraordinary.† In my opinion, the real message behind this statement, instructs us to take a more active role in seeing. It means no longer can we look in the direction of something and say we saw it, we have to dig deeper than that. We have to look beyond the general picture, and really notice the intricacies, all the parts that make up the whole. Jones also says, â€Å"Reframe difficulties or dullness into opportunities.† This is great because so often we miss life’s most beautiful art because we can’t see past the frame it i...

Business Ethics Essay Example | Topics and Well Written Essays - 500 words - 3

Business Ethics - Essay Example In fact, an individual can not achieve the purpose and goals of management without taking care of the daily life needs and necessities of the subordinates. In light of the importance of the role of a manager in an organizational context as discussed above, I would allow the assembly line worker to leave early with his/her child’s teacher, though I fully understand that it is my responsibility to be impartial to the maximum extent and equally take care of the needs of his/her coworkers as well. Despite that, it is often not possible for manager to address the needs of all of the subordinates at any one specific time. There are two types of needs that a manager needs to take care of simultaneously. These two needs are the subordinates’ needs and the business needs. Subordinates’ individualistic needs revolve around their personal lives and have often no concern with the business. On the other hand, business needs are directed at the achievement of organizational go als and are often unconcerned with the individualistic needs of employees.

Doesn't matter Essay Example | Topics and Well Written Essays - 500 words

Doesn't matter - Essay Example The two party system limits more party entrances and thus limits flexibility on the part of the decision making process. However, based on public policy, the system promotes transparency with regard to use of public resources where both parties are accountable. In consideration of the various stakeholders in the policy process, the system though limited in representation is able to diffuse resources effectively without external interference. Democracy is essential since the voters have been empowered to choose whoever they want and thus the governance represents what the voters chose. To some extent, the growth and influence of the independent voter is constructive because it represents the type of governor they want. If good, then the voter has played a good role in being informed and choosing a good leader which is constructive to govern. However, the growth of the independent voter might have been out of coercion or incentive which may influence the decision making and eventually poor leadership. This translates to bad policy process where resources may be utilized by the few elite. Growth and influence of private corporations are a challenge to governance in that it has raised interest groups as a form of government. As a result it has led to corruption, mismanagement and collusion of regulation and enforcement. Apart from that the interest groups may have led to proper representations and thus good policy for the public interests. The influence of lobbyists is constructive to govern and may still pose a threat. Lobby groups such as AARP and NRAhave been known to raise chaos and eliminate people from office or being voted in. They are also responsible for equitable distribution of resources to the marginalized regions thus promoting good governance and better policy for the public good. They have promoted problem identification, intervention strategies, implementation and evaluation with regard to