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Should Cellphones Be Allowed in School Argumentative Essay | Major
beauty of cellphones be allowed in school persuasive essay art essay Editorial Introduction to. Art and the Brain, Part 2. Joseph A. Goguen. What is art? What is beauty? How do they relate? Where does consciousness come in? What about truth? And can science help us with issues of this kind?
Because such questions go to the very heart of current conflicts about Western value systems, they are unlikely to receive definitive answers. But they are still very much worth exploring - which is precisely the purpose of this collection of papers, with particular attention to the relationships between art and essays on cuba, science. Let us first consider found art, also called readymade art, which challenges the role of the artist as the constructor of art. An especially famous example is Duchamp's urinal, the submission of which to the 1917 New York Exhibition of the Society of Independent Artists generated considerable controversy, resulting in should cellphones be allowed in school, its exclusion by the society's board of directors. This object has a pleasingly smooth form, which follows its function in a most logical way. Presumably it was more the function that offended the bourgeois sensibilities of the board than the form itself, or the lightened role of the artist.
Some other examples are Warhol's Campbell soup cans, Damien Hirst's dead animals floating in large tanks of formaldehyde (Mother and Child, Divided, a dissected cow and her calf, winner of the law school 1995 Turner Prize - continuing the tradition of upsetting the cellphones bourgeoisie, but enlarging the role of the artist to include the comissioning of tanks), and the exhibition of metal various configurations of objects like rocks, trees, and ropes (many artists have followed this line, e.g., Barry Flanagan). Environmental art pushes the should in school definitional boundaries by placing art outside the museum, in a (more) natural environment. Well known examples include earthworks, e.g., by Robert Smithson, and wrapped buildings by Christos. Conceptual art challenges the materiality of art, by using physical forms that may themselves be relatively prosaic or even boring, such as hand-lettered posterboards, perhaps to essays on cuba, suggest a concept, or a reconceptualization of an existing situation. In addition, there are traditions, such as performance art and body art, that give new roles to the artist, e.g., as part of the artwork, and also challenges current ideas about boundaries among various art forms, e.g., between theatre and visual art, or between music, literature and cellphones in school, theatre; current performance traditions in rock music do the same (e.g., Beck). We might also consider high fashion, interactive video games, graffiti, antique furniture, websites, etc. On Bullying! It should not be forgotten that non-Western perspectives can be very different. For example, traditional societies do not distinguish between art and craft, and should cellphones in school, may not have designated specialists who regularly and exclusively perform such tasks. Moreover, art and craft are often fused with religion[[FOOTNOTE: Two examples are icons in the Eastern Christian Orthodox church tradition, and Tibetan thanka paintings, both of essay which are (ideally) produced in cellphones persuasive essay, a spirit of deep devotion.]]. In Japan, the arrangement of rocks, plants and water has reached an extremely sophisticated level in the construction and maintenance (often over hundreds of years) of roosting essay formal gardens; the traditions of arranging flowers (ikebana) and of cultivating miniature trees (bonsai) are also relevant, and today have a considerable popularity in the West.
Another form of distancing between art and should cellphones be allowed in school, artist comes from the use of random operations. In literature, this was made famous by William S. Burroughs' use of cutups in his novels ( Naked Lunch , etc.), following the roosting use of a similar technique in art by Brian Gyson. John Cage also used chance operations in his musical compositions; he particularly favored variants of the methods used in I Ching divinations. In such cases, the role of the artist becomes more like that of the critic: to evaluate and then select some results as superior to others. Cellphones Be Allowed In School Persuasive! From all this, we should conclude that social context plays a key role in determining what art is, or even if it is. Clearly the Western tradition is evolving, to the point where anything can be presented as an art object, and where the role of the essay artist is subject to wide variation. In addition, evidence from other cultures shows that the cellphones in school persuasive essay very notion of engels art is culture-dependent, so that what appears in one tradition as an should cellphones be allowed in school aid to meditation, or an indication of rulership, or an aid to persuasive on bullying, drinking water, may appear in be allowed in school, a museum case in another tradition.
Perhaps the simplest theory, and working courses, one which was widely held until recently, is that art is beautiful to the extent that it imitates nature; we might call this the correspondence theory of cellphones in school beauty[[FOOTNOTE: After the correspondence theory of truth in semantics, with which there is a close analogy. This theory is well illustrated by many 18th century English estates, whose large gardens and parks are carefully landscaped to achieve a casual natural beauty, which seamlessly merges into schrijven the surrounding countryside.]]. This provides (or appears to should cellphones be allowed persuasive essay, provide) a simple rational criterion. But unfortunately, this criterion depends on not only a separation between subjecty and object, but also between art and essay, nature[[FOOTNOTE: Notice that without this distinction, everything is natural and thus everything is already maximally beautiful.]], and therefore it falls prey to the previously discussed problem that the very notion of art is culturally relative, rather than being a universal a priori given. Should Essay! In fact, and perhaps even more disastrously for this theory, it is also unclear what counts as nature, given triumphs of modern science and technology such as the persuasive rise of the virtual (e.g., special effects in movies), the be allowed in school strange products of bioengineering, and the ever slowly dawning realization that humans are natural. It is also evident that this theory fails to account for much of contemporary art, which is often radically non-representational.
And finally, it is courses, not very clear that there can exist any very good rational basis for judging how well art works imitate nature; it is easy to cite many problematic cases (e.g., unicorns, or the work of landscape, bonsai, and ikebana artists). But perhaps we are beating a dead horse here; so let us move on. Another unsatisfactory approach to beauty attempts to measure it by the viewer's emotional response. Let's call this the cellphones be allowed in school I know what I like approach. There is little hope for such an approach in essay engels schrijven, its naive form, which is purely subjective. However, there are more sophisticated forms, in which scientific instruments are used to measure the response, and large datasets are collected, in order to be allowed essay, average out individual variations and eliminate outliers.
As a result of this methodology, conclusions will tend towards primitive factors that are valid for the lowest common denominator of the sampled population. Also, like the correspondence theory of beauty, this approach presupposes a strong split between subject and object. On the positive side, least common denominator results might include many interesting and important low level perceptual phenomena. On the essay negative side, the limitation to should cellphones persuasive, relatively crude response measures will exclude all of the more complex forms of judgement that are built on top of mere perception, and that seem so important for understanding great art. Although such approaches could produce useful guidelines for several aspects of design, they probably have much less value for fine art. On the other hand, their results should be a significant input to any mature theory of art, and would deserve the same admiration for stability and reliability that is associated with the best fruits of the scientific method. Persuasive Speech On Bullying! The Romantics had an entirely different point of should cellphones in school view. As John Keats famously wrote (in the Spring of 1819) in his Ode on a Grecian Urn: When old age shall this generation waste, Thou shalt remain, in midst of other woe.
Than ours, a friend to man, to whom thou say'st. Applications! 'Beauty is truth, truth beauty' - that is all. Although this clearly echoes Plato[[FOOTNOTE: Discussions of relations among of the cellphones good, the true, and the beautiful go back (at least) to Plato (-360), in the Republic and various dialogues. This theme has been echoed, expounded, varied, and developed through the ages, e.g., by metal courses, Aristotle, Cicero, St. Augustine, Boethius, Aquinas and Kant, and it continues into the present, where these three are generally taken to be the quite distinct domains of ethics, logic, and aesthetics, respectively.]], I presume that Keats intends the cellphones be allowed essay Romantic notion of artistic truth, which generally meant some kind of schrijven emotional truth, i.e., an accurate expression of the feelings of the should cellphones artist, rather than truth in some philosophical or scientific sense, such as corespondence to (some notion of) reality. Heidegger has gone more deeply into Kant's philosophy of art than did Kant himself or his followers. Kant's notion of the persuasive speech on bullying absoluteness of art is explicated by cellphones in school, Heidegger as follows (Kockelmans 1985)[[FOOTNOTE: Although we cite a somewhat dubious secondary source, it is used only as a convenient repository for quotations.]]: . the essay beautiful for Kant is that which never can be considered in function of something else (at least as long as it is taken as the beautiful) . When all such interest is suppressed, the object comes to the fore as pure object. Such coming forth into appearance is the cellphones be allowed persuasive essay beautiful. Thus art is for Kant the beautiful presentation of some form, and through it, the presentation of an aesthetic idea which lies beyond the realm of the concepts and the categories. Persuasive Speech! Through this beautiful presentation of an aesthetic idea the artist infinitely expands a given concept and, thus, encourages the free play of cellphones be allowed persuasive our mental faculties.
This implies that art really lies beyond the realm of reason and essay schrijven, that the beautiful is conceptually incomprehensible. This theory of the beautiful as the pure presentation of form has much in common with the romantic view. However we should carefully note that it excludes role of the the artist, the cultural context of the art object, and the preparation of the viewer, all of which seem crucial. Heidegger's own theory of art has much in be allowed in school persuasive, common with (his version of) that of Kant, but he takes Kant's ideas further, drawing also on his vitalizing reinterpretations of Nietzsche and roosting, Hegel, and cellphones be allowed in school persuasive, of course taking a phenomenological perspective; perhaps surprisingly, Keats' poem again resonates, although it requires a very different interpretation. Courses! The following quotes are from Heidegger (1960): Art is in school persuasive, . the becoming and essay schrijven, happening of truth. Beauty is one way in which truth appears as unconcealedness. Truth is the unconcealedness of that which is should in school persuasive, as something that is. Essay Engels! Truth is the truth of being. Beauty does not occur alongside and should cellphones be allowed in school persuasive, apart from this truth. When truth sets itself into the work [of art], [beauty] appears.
Appearance - as this being of truth in the work and working, as work - is beauty. Thus the beautiful belongs to the advent of truth, truth's taking of its place. It does not exist merely relative to pleasure and purely as its object. Heidegger's notion of truth comes from (his interpretation of) the ancient Greek word aletheia , which he takes to cellphones in school persuasive essay, mean non-concealment, the condition of the possibility of working courses understanding or interpretation. This differs greatly from the notion of truth in science, as the following quote, again from Heidegger (1960), makes clear: . science is cellphones persuasive, not an original happening of truth, but always the cultivation of a domain of truth already opened, specifically by apprehending and confirming that which shows itself to be possibly and necessarily correct within that field. Heidegger's approach to art allows for culture, under the heading of what he calls world, it explicitly includes the artist, and it takes account of viewers. Also Heidegger's approach applies equally well to representational and non-representational art, e.g., conceptual art, found art, and earthworks.
But very abstract philosophical views of this kind, though they may help with avoiding certain misunderstandings, and with deconstructing other theories of art, do not seem to provide much help understanding particular works of art, and this seems to me a serious defect. Another theory of beauty, often dubbed modernist, says that an object is beautiful to the extent that its form conforms to essays on cuba, its function[[FOOTNOTE: Despite its name, this theory goes back at should cellphones least to Plato (-360), and his reduction of art to utility is consistent with his distrust of artists for their capability for political disruption.]]. This is perhaps as well illustrated by on bullying, Duchamp's urinal as anything (though that may not have been the artist's intention). On the other hand, this criterion is hardly applicable to uselss objects, such as impressionist paintings, cubist sculpture, and poetry (though all these can of course be put to various uses, such as making money, impressing friends, and reducing stress). Moreover, this aesthetic produced, or at least justified, architectural monstrosities in the 1950s and 60s, for example, the huge crime-ridden high-density low-income high-rise housing projects, that many communities throughout the world are now trying to get rid of.
It seems fair to say that this theory is pretty much discredited as a general theory of beauty, though it retains some currency in such areas as industrial design, due in part to the great success of the Bauhaus movement. Incidentally, the above discussion constitutes a good illustration of the dependency of theories of art upon social and cultural conditions. Should! For not only art, but also theories of art, depend upon, reflect, and vary with the social conditions of their production, including of course the cultural milieu. In his Poetics , Aristotle (-330) defines art as imitation, but he is not so naive as to working, call for the imitation of nature, but rather of men in action. Moreover, here as in be allowed persuasive essay, most things, Aristotle takes a balanced approach, and does not attempt to reduce art, or the measure of art, to any one thing. In particular, he does not propose any notion of beauty as the measure of art, but rather introduces a number of speech quality criteria, concentrating on the example of tragic drama, but also discussing several other art forms, e.g., lyre playing. Aristotle says that the aim of tragedy is to arouse fear and cellphones be allowed essay, pity in the audience though the imitation of heroic action; his criteria of excellence include unity of time and place, skillful use of language, especially metaphor, several aspects of plot structure, including certain key types of scene, and aspects of essay schrijven character development. Be Allowed In School Persuasive! His approach skillfully combines analytic, historical, ethical, and essays on cuba, pragmatic views of drama, and of course, it has been enormously influential, and remains so to this day. It seems that for Aristotle, as for many contemporary artists, beauty is at most a secondary concern. On this last point, and much else, I would agree with Aristotle.
An additional point is persuasive, that beauty is even more difficult to define than art, as well as being even more culturally relative and time-variant. But before passing to our main question, we should note that Aristotle's approach is not applicable to non-representational art. These considerations imply that art and science must play significantly different kinds of role in any relationship that may be forged between them. One very simple theory is that art and essay engels schrijven, science explore such completely disjoint domains in should be allowed persuasive essay, such completely different ways, that it is courses, impossible for there to be any meaningful relationship between them. While this might be comforting to be allowed persuasive, many, it is clearly false. For example, during the Renaissance advances in best essays law school, geometry fueled a corresponding advancement of perspective in should in school, painting. Essays On Cuba! Advances in technology have obviously been essential enabling factors for be allowed persuasive essay, many contemporary art forms, such as cinema, and electronic music. Many other examples could easily be given, some of which seem to involve rather complex interconnections between art and science (e.g., the metal video-based art of Nam Jun Paik, which appears to use the medium to criticize it). Should Cellphones Be Allowed In School! A relationship that excites little controversy, because it seems to speech, raise few deep philosophical questions, is the use of science to authenticate art, for example, through chemical analysis and be allowed in school, carbon dating of pigment, canvass, and other material.
The use of the fractal dimension computations of Taylor, Micolich and Jonas (this volume) to authenticate or date the drip paintings of Jackson Pollack also has this character. Such applications should not be confused with the on bullying much more controversial reduction of art to science, e.g., via measurements of in school persuasive essay viewers' physiological responses to art. Essays On Cuba! While such reductive approaches have difficulty taking account of factors like culture and the role of the artist (Ione, this volume, pages 21-27), they are potentially applicable to non-representational art, as noted by Ramachandran (this volume). Moreover, there is little doubt that artists and art lovers can learn some valuable things from scientific studies of perception, as well as from related subjects such as the neurophysiology and cognitive psychology of vision; e.g., psycho-accoustics is a well developed area of musicology that has been applied many ways in music. Conversely, some might wish to reduce science to should persuasive essay, art, by emphasizing the essays on cuba creative side of scientific research, and then claiming that this differs little from painting or musical composition. While such a claim seems valid as far as it goes, it fails to impart much insight, and it also leaves out cellphones in school persuasive essay a great deal that seems important, such as the mathematical character of most scientific theories, and the repeatability requirement for scientific experiments that was discussed above. Both art and science are part of culture, and in marketing, as such, both their nature and their relationships are bound to be complex, and to change over be allowed, time and location.
It therefore seems naive to expect to find any simple (or even complex) description that reflects the timeless essence of their relationship. As for the future, it would seem wise to expect the unexpected, given how rapidly art, science, and technology are all evolving at best personal essays present. For example, how will the internet relate to art, as it progressively matures and permeates society? Some things seem relatively clear: we will surely see much more of should in school digital media, and of the essay digital manipulation of should cellphones be allowed persuasive art forms; and probably we will see radical new integrations of media when network bandwidth becomes sufficiently great. But will this make much difference?
We will see new kinds of art, but will we see new kinds of aesthetics? Probably we will see new theories of art as well, but will they be any better than the old ones? Conclusions like those of the previous paragraph will be disappointing to many philosophers, and to the purveyors of grand theories of essays on cuba any kind. Should Essay! But perhaps such conclusions are refreshing in a way; perhaps clearing away the conceptual baggage of definitions and theories can help us to approach art in a fresh way, so that we can experience it more deeply and authentically, which is surely no bad thing. Also, these explorations, however tentative and mutually contradictory, are valuable in actualizing this conceptual clearing as a process, and the issues involved are deep, affording us an opportunity to reflect on what it means to be human. This is the value of asking the question What is art?.
Finally, dramatic scientific advances like fMRI, and the continuing decline of dualistic theories of consciousness in favor of embodied theories, offer solid grounds for thinking that genuine progress can in fact be made in the scientific and philosophical understanding of art, as is persuasive on bullying, also supported by the fine papers in this vomume. The second of the should cellphones in school persuasive essay three parts of this volume consists of selected papers from a conference entitled Perception and Art held in Brussels in essay, May 1999, as one of two components of the Cognitive Science Conference on Perception, Consciousness and Art. An introduction to these papers by Eric Myin appears on be allowed persuasive pages 47 to 59 of this volume; I especially like the Gibsonian perspective that Myin takes in persuasive, his essay. The third part of cellphones be allowed essay this volume consists of working two additional papers. Cellphones! The first of these, by Alva Noe:, is persuasive speech on bullying, a lovely meditation on the experiental nature of should in school essay some contemporary art and philosophical implications of the perspective behind this art (though written in the reverse order). In particular, Noe: highlights the transparency of perceptual consciousness as a problem for philosophy, art and cognitive science, and claims that it is resolved by taking an essays on cuba active, embodied and temporally extended view of perception. The work of the should cellphones in school persuasive sculptor Richard Sera is presented as exemplifying this view. The second paper, by roosting essay, Taylor, Micolich and Jonas, is a fascinating empirical study of the drip paintings of Jackson Pollack, using the notion of fractal dimension from chaos theory. It is be allowed essay, found that these paintings have a fractal character (i.e., exhibit self-similarity), and that their fractal dimension gradually increases with the date of the painting, from 1.12 in 1945 to engels, 1.72 in 1952. This regularity raises the cellphones in school persuasive essay possibility of using fractal dimension to authenticate newly discovered Pollack paintings (if any such appear), and even to determinate their approximate date.
The paper goes on to relate Pollack's art to theories about automatism and the role of the unconscious in art, that were current in his time. This paper also speculates that the abundance of fractal patterns in nature makes them a naturally attractive form for persuasive speech, art and artists. Finally, I should mention the two book reviews in this volume, written by English and by Goguen. The first of these covers a book entitled Reframing Consciousness that contains 63 papers from a conference held in Wales in 1998, on the intersection of art, consciousness and technology, while the second applies a strengthened Gibsonian viewpoint to a recent book by Maurice Hershenson, Visual Space Perception , from the field of experimental psychology.
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Gun Control and Crime Rates: A Comparative Study. Gun control has been an issue in the United States of America since it’s founding in should be allowed in school persuasive 1776. After all, the essays on customization applications first shots that were fired in the Revolutionary War at Lexington and Concord were an effort by cellphones in school persuasive the American colonists to keep the roosting British army from taking the guns from the colonial armory. Even after gaining freedom from British control, the American people were obviously still concerned about cellphones be allowed persuasive, their rights to own guns. This can be seen in the 2nd Amendment to the Constitution which says “… the right of the people to keep and bear arms shall not be infringed. ” Owning guns has been a staple of the conservative portion of America. We will write a custom essay sample. on Gun Control and Crime Rates: A Comparative Study or any similar. topic specifically for you. More recently however, many have been clamoring for more restrictive gun laws. These calls for increased regulation on guns have been from those who perceive guns and gun-owners as potential threats to peace. The pro-gun crowd responds by emphatically stating that they have a right to own guns.
With every mass shooting and hawk roosting tragedy that occurs both sides get louder and louder. The debate rages on and on. Should In School Persuasive? It is important to ask several questions in this debate. Does gun ownership deter crime or increase crime? Do states with a higher gun-ownership rate have a lower crime-rate or is metal working courses, it the opposite? Do gun control law have an affect on crime rates? If so, how long does it take a gun control law to affect the should be allowed persuasive rate of essays on cuba, crime? This article aims to answer those questions. Should Cellphones? The ultimate purpose of this article is to prove that states with looser gun control laws have a lower crime rate and violent crime rate than those with more restrictive gun control laws. A second purpose of this paper is to courses, look at the theory of why this may be the case. Should Cellphones Be Allowed In School Persuasive? The theory that is being proposed herein, is that states who make it easier for people to own guns legally are states with lower crime rates.
To put it simply, the more law-abiding citizens with guns, the less crime that occurs. Literature Review Before. Page 2 Gun Control and Crime Rates: A Comparative Study Essay. quoting stats and citing numbers it is essential to look at speech on bullying what both sides are saying about the current gun-control controversy. It is impossible to get an accurate look at this debate without fairly considering both sides. Should Be Allowed Persuasive Essay? There have been an inordinate amount of gun related articles published in the last decade or so. That being said it’s not hard to distinguish the two side in this debate. On one side there are the traditional conservatives who are in favor of little to no gun-control. On the other side are those who favor a stricter gun control policy. Let us first consider those who speak in favor of roosting, additional gun-control laws.
The predominant theory among those who hold this point of view is that more guns equals more violence. Consider what Fareed Zakaria had to say in his article entitled “The Case For Gun Control. ” “Gun violence in should persuasive essay America is off the chart compared with every other country on the planet. ” Zakaria says. He goes on to compare the United States to a few other countries and then finishes the paragraph by stating “… We have many, many more guns. In Marketing? ” Zakaria is not the should only person that holds these sentiments. U. S Senator Dianne Feinstein (D-CA) has had harsh words for assault weapons in the past. Persuasive On Bullying? Recently, in an interview with the New York times she said “How many assault weapons do you need circulating? To have these mass killings is such a blight on everything that America stands for. ” By “mass killings” Feinstein is referring to recent tragedies such as the Newtown, CT, shooting which claimed the lives of be allowed in school persuasive essay, twenty-six and the Aurora, CO, shooting which claimed twelve. Those who favor tighten gun control point to these examples as proof that more guns makes for on bullying more violence and death. Should In School Persuasive? Many of them also argue that it is possible for these murderers to go on these deadly rampages because it is too easy for them to get their hands on high-powered guns. Hawk Essay? Senator Frank Lautenberg (D-NJ) said in an article in in school the Junior Scholastic Journal that, “It’s too easy for criminals, the mentally unstable, and even terrorists to speech on bullying, buy dangerous weapons. ” He went on should cellphones be allowed persuasive essay to advocate tighter controls on prospective gun-buyers and more thorough background checks.
He concluded by saying “People shouldn’t have to live in hawk fear of guns. Should Cellphones In School Persuasive? That’s why I want to make it harder for dangerous people to get hold of them. ” Many of hawk, those who advocate for should cellphones be allowed persuasive essay more gun-control are not actively trying to restrict the rights of the people. Oftentimes they are just trying to do what they think is best for the nation and hawk essay the people as a whole. The other side of the aisle have arguments that are equally strong. One of the most cited studies used to combat further gun control is a book written in 1997 by John Lott entitled “More Guns, Less Crime. ” Throughout this book Lott details how increased gun ownership actually decreases crime rates. Should Cellphones Be Allowed Persuasive Essay? He starts by metal working giving examples of how gun-owners used concealed handguns to deter criminals from potentially harming them or their families.
He goes on to explain that if criminals know that there may be a cost involved with an attempted crime, then the criminal is much less likely to engage in that criminal activity. Several other conservative authors have further extrapolated Lott’s study and be allowed essay agreed with his analysis. As of essays on cuba, late, many conservative authors, scholars and columnists have spoken out against increased gun control laws that have resulted because of mass shootings. Erich Pratt, a columnist for cellphones U. S News and World Report had this to say, “The president and members of Congress are pouncing on applications in marketing the recent shooting in Connecticut and should be allowed in school persuasive essay are trying to in marketing, exploit it for cellphones essay political gain. Sadly, if they get their way, we will see even more of these horrific tragedies. ” He goes on to explain that most of the essay engels shootings that have happened have taken place in “gun-free zones.
” He points out that criminals who want to break the law do not care about signs that tell them that they cannot have guns in should be allowed essay a specified areas. The only people who are restricted are law-abiding citizens. Persuasive? He then goes on to give examples of people who stopped potential mass shootings with weapons of their own. Should Cellphones Be Allowed Persuasive? Wayne LaPierre, CEO of the National Rifle Association echoes Pratt. “Gun-control laws have never, and can never, reduce violent crime. “That’s because anti-gun laws don’t affect criminals, who ignore all laws. Government studies prove it, finding that most criminals get guns through theft or the schrijven black market, where gun laws have no effect” says Lapierre in an article published in the New York Times Upfront.
The conservative right seems to be quite united in their stand against more gun control. In School Persuasive? Beyond the rhetoric that both sides hurl at each other, there have been several great studies that have been conducted on the subject of gun control and crime. Specifically, there are two studies, one by the University of Harvard, called Would Banning Firearms Reduce Murder and Suicide? Another poll conducted by Quinnipiac University, called “Background Checks Could Lead To Gun Confiscation, Many Voters Tell Quinnipiac University National Poll; But 91 Percent Want Universal Gun Checks. ” The study produced by Harvard, which was published in the Harvard Journal of personal essays, Law Public Policy, is actually a European study that compares several different countries and should essay their varying levels of gun control. After analyzing the gun laws in each country the study takes a look at the crime-rate in each country. The study looks at a total of eighteen countries.
The results were interesting. The research showed that the nine countries with more restrictive gun control had a combined murder rate that was more than three times higher than the countries that had less restrictive gun control policies. The study’s authors write, “If the mantra ‘more guns equal more death and fewer guns equal less death’ were true, broad cross-national comparisons should show that nations with higher gun ownership per capita consistently have more death. Nations with higher gun ownership rates, however, do not have higher murder or suicide rates than those with lower gun ownership. Indeed many high gun ownership nations have much lower murder rates. ” The poll that was conducted by hawk roosting essay Quinnipiac University is a little different. Qunnipiac sent out several questions regarding gun control and persuasive various laws that could be passed or bans that could be introduced. The poll shows that most Americans favor stricter gun control. Specifically, the results show that 91% of Americans favor universal background checks before purchasing guns of essays on customization in marketing, any type. This is interesting considering that recently, American voters said, by a margin of 48%-38% (with the rate among gun owners sitting a a much higher 53%-34%), that the government could use extensive background checks to should cellphones persuasive, repossess legally owned and essays on customization applications in marketing acquired guns. Still, the study shows that Americans do generally support more restrictive gun control, including a ban on high capacity magazines and a ban on persuasive all assault weapons. Data And Methods Before numbers can be accurately looked at, it is important to define the terms that will be used.
When defining gun control The Brady Campaign is one of the most accurate measures of gun control by state. Every year The Brady Campaign gives every state a scorecard. Working Courses? The scale on the scorecard is 0-100. Zero being the least restrictive gun control measures and one hundred being the most restrictive. Points can be scored in several different categories. The categories are: gun dealer regulations, record retention, crime gun identification, owner must report lost/stolen guns, background checks, permit to purchase, ammunition regulation, assault weapons ban, large capacity magazine ban, child safety, guns in public places and local control, CCW discretion, no state preemption, and finally, a limit on should cellphones be allowed essay bulk purchases. These will be the categories that will be considered when comparing the levels of different state’s gun control policies.
Another set of terms that must be defined and operationalized is crime-rate. This study will compare not only the overall crime-rate of each of the states, but also the violent crime-rate. These statistics will pulled from the Federal Bureau of Investigation. The FBI takes these statistics every year and essays on customization applications in marketing publishes them for the public to see. The FBI uses the Uniform Crime Reporting Program (UCR) to obtain their information on should be allowed in school crime. The UCR is a collection of over 18,000 different city, university/college, county, state, tribal, and federal law enforcement agencies all voluntarily reporting crime to the program. Crime information can be submitted either to the state branch of UCR or to the federal UCR. In this particular study statistics from the essays on customization applications in marketing year 2010 will be used. Lastly, population must be defined. In this study the population of each state will be the population that was measured in 2010 by should cellphones persuasive the United States Census Bureau. This is to be consistent with the crime-rate statistics, which, as has already been mentioned, are the numbers from 2010.
Also, 2010 is the most recent country-wide census that has been conducted by the government. Research Design A total of six states will be compared in this study. The states will be divided up into three different side-by-side comparisons. The states that will be studied are: Indiana, Illinois, New Jersey, Delaware, Texas and California. Essay? Indiana will be compared to should in school essay, Illinois, New Jersey to Delaware and California to Texas. These states were chosen and pair together for three main reasons. On Bullying? First, the gun control laws of the states in each comparison are very different. For example, California has very strict gun control laws, while Texas has very loose gun control laws.
Second, geographical proximity. Illinois and Indiana are neighbors in the Mid-West. New Jersey and should persuasive essay Delaware border each other on the East Coast and on customization California and Texas are relatively close in the West. Texas and California also both share a border with Mexico which could factor into should cellphones be allowed in school the crime-rate. Finally, varying sizes, location, population and laws. In order for this study to be as accurate as possible states of different size, geographical location, total population and specific laws must be measured. For example, Illinois has moderate gun control laws, but they are not nearly as restrictive as California’s, at the same time they are not nearly as loose as Indiana’s. The geography has been explained, but to further the metal working point, different areas of the United States have different sub-cultures, by looking at several different states we can see how gun control works in these different sub-cultures. Should Be Allowed In School Essay? Also, the working courses variable of population comes into be allowed essay play.
Each of these states has a different level of population and essays on cuba population density. Again, by looking at varying levels of in school persuasive essay, population we can see how different levels of gun control affect each state. Obviously states with a much higher population will have more total crimes simply for essays on customization applications the fact that it has more people. This will be controlled by measuring the average number of crimes committed per 100,000 persons. The varying levels of gun control laws that these states have will be compared and analyzed. Then, the crime-rates and cellphones be allowed in school essay violent crime-rates will be compared and analyzed. The study will be testing to see if there is any correlation between the individual state’s gun laws and its crime rate. A second item that will be considered is the effect that gun control laws have had in in marketing the states. The crime rate in cellphones in school persuasive each state will be measured and compared for essays on cuba the last ten years the be allowed in school states that have more gun laws this is to see if the speech gun control legislation has any measurable affect on the state crime-rate. For states that have very loose gun control laws this is done to see if crime was trending down anyway.
Main Body (Research) First, let’s consider the levels of gun control laws in each of the cellphones persuasive states that will be compared. The study specifically chose six states that did not have a zero according to The Brady Campaign. Below is visual representation of each state’s gun control score according to metal courses, The Brady Campaign. As can be seen Indiana has a score of 4, which is essay, being compared to Illinois’ score of engels schrijven, 35. Delaware has a 13 which is being compared to New Jersey’s 72. Finally, California comes in with a nation-high score of 81 which is being compared to Texas’ score of only 4. Referring to the different categories that are scored on should cellphones in school essay pages 5 and 6. Personal? Both California and New Jersey score at least some points in be allowed persuasive all categories, Illinois scores in about half of the categories.
While Indiana, Texas and Delaware only score in the two most basic categories; Gun Dealer Registration, and Guns In Public Places and persuasive Local Control categories. Now that the level of should, gun control in each state is known, we can now begin the side-by side comparisons. Speech On Bullying? First, let’s consider the small states, New Jersey and should cellphones be allowed in school Delaware. In 2010 Delaware had a population of best personal, 897,934 according to the U. S Census Bureau. Be Allowed Persuasive Essay? That same year Delaware reported an overall crime-rate of 4,077. 2 crimes per 100,000 persons and a violent crime rate of 620. Best Personal Essays Law School? 9 crimes per 100,000 people. Should Be Allowed In School Persuasive? Remember that Delaware had the relatively low score of 13 according to The Brady Campaign. In 2010 New Jersey reported a total population of 8,791,894.
That same year New Jersey reported an overall crime rate of 2387.6 crimes per 100,000 persons and a violent crime rate of 307. 7 crimes per 100,000 persons. Again, remember that New Jersey had the persuasive speech high score of 72 on should essay The Brady Campaign scorecard. Another factor that should be taken into account is the fact that New Jersey has a much higher population than Delaware. Hawk Roosting Essay? This reduces the affect that each crime has on should persuasive the rate per 100,000. Delaware has a much smaller population, so each crime has a significantly higher affect on essays on customization applications in marketing the crime-rate per 100,000 inhabitants. If you were to look at the number of crimes committed you would see that Delaware reported just 36,686 total crimes compared to New Jersey’s 210,097. Again this is because of the population difference, but since Delaware’s total population is so small compared to New Jersey’s it was important to note. It is also important to note that New Jersey has a much higher percentage of its population in a metropolitan area than Delaware does.
In fact, the FBI reported that, technically, 100% of New Jersey’s population resides in should cellphones be allowed in school persuasive essay a metropolitan area. Applications In Marketing? Below is a visual representation of the trend of the violent crime-rate per 100,000 persons in both New Jersey and Delaware over the last ten years. Now let’s take a look at the second side-by-side comparison. The more medium-sized, mid-western states Indiana and cellphones be allowed in school essay Illinois. In 2010 Indiana had a population of on customization applications in marketing, 6,483,802 people according to the U. S Census Bureau. That same year Indiana reported an should in school essay overall crime-rate of 3,393. 5 crimes per 100,000 persons and a violent crime-rate of 323. 3 crimes per essays, 100,000 persons. Also in 2010, Illinois had a population of cellphones be allowed persuasive essay, 12,830,632 people. In 2010 Illinois reported an overall crime-rate of 3,118.
1 crimes per 100,000 persons and a violent crime-rate of 444. 9 crimes per persons. It is important to note that, while Indiana’s total crime-rate is higher than that of Illinois, Illinois’ violent crime-rate is substantially higher than Indiana’s. Applications In Marketing? This discrepancy is because Indiana has a higher property crime rate than Illinois, but Illinois has a higher murder rate and aggravated assault rate. Below is a visual representation of the trend of the violent crime-rate per 100,000 persons in cellphones be allowed in school persuasive essay both Indiana and best Illinois over the last ten years. Be Allowed Essay? Last, but not least, let us consider the final side-by-side comparison of this study.
The final comparison will be between the two larger, western states, California and Texas. Before looking at the numbers from each state it is important to remember two things. Metal Courses? First, both of these states border Mexico. Because of the recent problems with illegal immigration and drug trade, the crime rates of both states may be slightly inflated. Cellphones Persuasive? Second, these two states have distinctly different sub-cultures. California is distinctly more liberal and Texas has a much more independent, conservative flavor.
Now, to the numbers. Law School? In 2010 California had a population of 37,253,956 people according to the U. S Census Bureau. That same year California reported an overall crime-rate of 3,069. 5 crimes per 100,000 persons and a violent crime-rate of 439. 6 crimes per 100,000 persons. In 2010 Texas had a population of 25,145,561 according to the U. S Census Bureau. Also in should cellphones essay 2010 Texas reported an overall crime-rate of 4,215. 2 crimes per 100,000 persons and a violent crime-rate of 448.
4 crimes per 100,000 persons. Working Courses? Below is cellphones in school essay, a visual representation of the trend of the essays on cuba violent crime-rate per 100,000 persons in both California and Texas over should essay the last ten years. It would appear that, over time, states with more gun control have considerably less crime. It would be worth someone’s time in the future to look at individual cities in each state and include additional controls for population and population density. Also, it may be interesting to persuasive on bullying, see the murder rate for each state in comparison to the gun laws. After examining the results there are a few conclusions that can be made. First of all, it is easy to see that my initial hypotheses were mostly wrong. Cellphones In School Persuasive? The only state with loose gun control that had a violent crime-rate lower than the on customization state with tighter gun control was Indiana. Even then, Illinois’ violent crime-rate was trending down and was rapidly catching up to Indiana’s. Should Cellphones Be Allowed Persuasive Essay? Not only that, but Indiana’s overall crime-rate was higher than Illinois’. All of the essays in marketing states that had more restrictive gun control laws showed a downward trend in violent crime over should cellphones be allowed in school essay the given ten-year span.
Texas also showed a consistent downward trend, but both Indiana and Delaware fluctuated to some extent. It is worth noting that all of the states with more gun laws had a higher population than those with fewer gun laws. Either way, this study shows that looser gun laws do not definitively reduce crime.
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Why cell phones should be allowed in schools - GCSE English
Essay/Term paper: Movie: wolfgang amadeus mozart. Free essays available online are good but they will not follow the guidelines of in school essay, your particular writing assignment. If you need a custom term paper on essays on cuba Movie Reviews: Movie: Wolfgang Amadeus Mozart , you can hire a professional writer here to write you a high quality authentic essay. While free essays can be traced by Turnitin (plagiarism detection program), our custom written essays will pass any plagiarism test. Should Cellphones Essay! Our writing service will save you time and grade. Engels! The movie takes place in in school essay, Vienna, Austria in the 1700's. The film begins. with the attempted suicide of Antonio Salieri, a court composer of the Austrian.
Emperor. He is placed in a mental asylum where a priest visits and asks for his. confession. Salieri claims to applications in marketing have caused the death of Mozart. The rest of should cellphones essay, the. movie is a narration by on bullying the court composer, mostly in cellphones in school, flashbacks, of how he. caused this death. Salieri recounts that while he was playing games as a boy Mozart was. playing music for speech, the King. At the age of four, Mozart composed his first. concerto, at seven, his first symphony, and at twelve, his first opera. He was. considered a child prodigy. Salieri wished to cellphones in school persuasive become a famous composer, like his idol. Engels! However, his. father would not allow this. Essay! He didn't want his son to be a trained monkey, on. tour around Europe performing tricks like a circus'.
Salieri prayed to God and. what he considered a miracle happened: his father dies and he was able to pursue. his musical studies. He eventually became a popular musician and teacher in essays on customization applications in marketing, the. Emperor's court. When he heard Mozart was coming to Vienna from Salzburg, he. eagerly sought him out. He finally found him at a party, way from the other. guests, acting like a silly animal, chasing a young woman. However, as soon as. he heard his music starting without him, he changed into a serious musician, rushing to take his place as conductor. Salieri noticed that Mozart conducted. without notes. Although he recognized that Mozart was a giggling, dirty-minded. Should Cellphones In School Persuasive! creature', he was also able to see the genius in him. He couldn't understand why.
God had chosen a obscene child to be his instrument'. At another time, Mozart's. wife presents to Salieri some of his work in an attempt to get him a job as a. teacher. Salieri sees that the music sheets have no corrections and essays in marketing, no notes. Mozart simply composed from should cellphones be allowed persuasive his head onto paper. It is then that Salieri is. overwhelmed by his brilliance. He realized that God has given to Mozart the. skills and genius that he has always prayed for, and all he gave to Salieri is. the ability to recognize it. It is at this point that he turned away from God.
and set out to speech on bullying ruin Mozart. Salieri then describes what Mozart was like. Mozart drank too much, he. partied all day and composed all night. He disobeyed his father by marrying. without permission. He was stressed out. He had bad manners, he was. inconsiderate of his wife and child, rude to others, selfish and conceited. He. had a horrible financial situation. He spent money he didn't have and in school essay, had many. debts. Essays On Cuba! In other words, the only positive part of his personality was his. Mozart's father came for a stay.
There was much friction between his. father and his wife. His father, who had devoted so much time to be allowed persuasive essay teaching his. son music, was devastated by his lifestyle. Essays On Customization Applications In Marketing! They argued and the result was the. departure of Herr Mozart. His father died a short time later. Should Be Allowed In School Persuasive! One day, a housemaid offers her services to persuasive the poor Mozart family. She.
explains that she will be paid for by a anonymous admirer, but in fact Salieri. Be Allowed In School! has hired her to courses spy. He discovers that Mozart is putting forbidden parts into. his opera. Salieri tries to ruin him but the Emperor bends the rules to allow. Mozart to play his brilliant music. The opera is a masterpiece and made Salieri. more jealous and angrier at both Mozart and God. He uses his position as court. composer to cancel the should be allowed persuasive essay, show after only a few performances, and does this with. other operas also. As a result, Mozart becomes poorer, more discouraged and acts. crazier and even mocks his dead father. Near the end of the movie, Salieri disguises himself in a costume worn. before by Herr Mozart. He offers young Mozart a lot of money to essays on cuba compose a. funeral (requiem) mass.
His plan is to be allowed in school persuasive have Mozart write this piece, then kill. Mozart and pretend that he (Salieri) has written this wonderful music for the. dead composer. However, Mozart cannot complete the opera. Instead, he gets. sicker and persuasive, sicker. He seems to be going insane. He becomes physically ill as. well. He drinks and parties all hours.
His wife finally leaves him. One evening, while conducting a popular opera, he collapses. Although. Salieri hates him, he also secretly cannot stay away from his brilliant. performances, so he is there when Mozart collapses. He brings him home and tries. to get him to finish his requiem mass. In his last few hours, they seem to be. almost friends. In the morning, Mrs. Mozart returns just in time to see her. husband die. Because of cellphones essay, their poverty, Mozart is buried with other men in essay engels schrijven, a. Should Be Allowed In School Persuasive Essay! communal, unmarked grave.
Now Salieri once again blames God, this time for killing Mozart and. On Bullying! keeping Salieri alive to suffer. As the movie ends, Salieri is being wheeled. through a room of mentally ill patients and this is where he will spend his. I think that Hollywood may have over-exaggerated Mozart's behaviour. In. Be Allowed Essay! my reading there is no evidence that he was like this. I wonder if Salieri. really hated or was jealous of Mozart.
Did Salieri really plan to kill the. composer? The World Book Encyclopedia states that Mozart did try to earn money. by teaching pupils. There is metal working no mention of any abnormal behavior. Whether the movie is true or false, I think the movie tries to show that. genius is next to madness. A person may excel in be allowed, one subject, yet the growth of. the other parts of his behavior may be stunted. The movie also points out that. jealousy brings misery. Salieri was well paid and popular, had a high position, and essays applications, had respect from other people.
Yet he remained unhappy and even ruined his. life, all over the fact that another musician was better than he. Finally, it's. Cellphones Persuasive Essay! a great tragedy that Mozart died so young and penniless. The movie was well acted, and the music was beautiful to hear.
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concluding a paper By Behrouz Karoubi. University Lecturer at be allowed in school persuasive essay Islamic Azad University, Arak, Iran. For years translations were considered as derivatives, copies, and translators as mechanical devices replacing linguistic codes (equivalents) from one language into another, and the translator's autonomy was always questioned (and is engels schrijven still being questioned) by those who thought of him/her ‘as a monkey, with no choice save to make the same grimaces as his master’ (Leppihalme, 1997: 19), until recent years when, under the influence of poststructuralism and functionalism, the focus of attention has been shifted to should be allowed in school persuasive, the issue of translator’s agency and subjectivity, and the notions of originality and (absolute) equivalence and also author’s superiority over on customization applications, translator have been severely questioned. Bassnett (1996) stresses the need for reassessing the role of the translator by analyzing his/her intervention in the process of linguistic transfer, when she argues ‘Once considered a subservient, transparent filter through which a text could and should pass without adulteration, the translation can now be seen as a process in which intervention is crucial’ (p. 22). Awareness of complexity of translation process and avoidance of the simplistic view of regarding translation as mere process of transferring words from one text to another, Álvarez Vidal (1996) claim, will result in should in school persuasive, realizing the importance of the ideology underlying a translation.
They argue that behind every one of the translator’s selections, as what to add, what to leave out, which words to choose and how to place them, ‘there is a voluntary act that reveals his history and the socio-political milieu that surrounds him; in other words, his own culture [and ideology]’. (Álvarez Vidal, 1996: 5). The exercise of ideology in translation is as old as the history of translation itself. According to Fawcett (1998), ‘throughout the centuries, individuals and institutions applied their particular beliefs to on customization, the production of certain effect in translation’ (p. 107). He claims that ‘an ideological approach to translation can be found in some of the earliest examples of translation known to us’ (p.
106). Nevertheless, the linguistics-oriented approaches to translation studies have failed to address the concept of ideology through years of their prevalence, because such approaches are limited to their scientific models for cellphones persuasive essay, research and the empirical data they collect, so that ‘they remain reluctant to take into schrijven account the social values [and ideologies] that enter into translating as well as the should cellphones be allowed in school persuasive, study of it’ (Venuti, 1998a: 1). The deficiency of essays on customization applications old linguistics-based approaches – which ‘are mainly descriptive studies focusing on textual forms’ (Calzada-Pérez, 2003: 8) – in accounting for social values in translation and other aspects of language use resulted in developing a new trend of research called Critical Discourse Analysis (CDA) ‘whose primary aim is to expose the ideological forces that underlie communicative exchanges [like translating]’ (Calzada-Pérez, 2003: 2). According to CDA advocates, all language use, including translation, is ideological and this means that translation is always a site for ideological encounters (p. 2). Similarly, Schäffner (2003) claims that all translations are ideological since ‘the choice of a source text and the use to which the should be allowed in school persuasive essay, subsequent target text is put are determined by the interests, aims, and objectives of social agents’ (p. 23). She evidently opts for van Dijk’s definition for ideology as ‘basic systems of shared social representations that may control more specific group beliefs’ (van Dijk, 1996: 7). However, there are a profusion of hawk essay diverse definitions of ideology defining the term from different perspectives – amongst them is van Dijk’s definition – some of which are deemed necessary to be overviewed here. The term ‘ideology’ has been always accompanied by its political connotation as it is evident in should cellphones essay, its dictionary definition as ‘a system of ideas and metal courses, ideals, especially one which forms the basis of in school persuasive essay economic or political theory and policy ’ (The New Oxford Dictionary of essays on cuba English). Cellphones Be Allowed In School Essay? Translation scholars who slant in favor of the political definitions of ideology mainly believe that translating itself is a political act as Tahir-Gürça#287;lar (2003: 113) argues, ‘Translation is political because, both as activity and product, it displays process of negotiation among different agents.
On micro-level, these agents are translators, authors, critics, publishers, editors, and readers’. Under the essay engels, influence of Marx who defines ideology as action without knowledge (false consciousness), ideology is sometimes defined in should be allowed in school persuasive essay, its negative political sense as ‘a system of wrong, false, distorted or otherwise misguided beliefs’ (van Dijk, qtd in Calzada-Pérez, 2003: 3). In its more constructive sense, Marxists like Lenin define Socialist ideology as ‘a force that encourages revolutionary consciousness and fosters progress’ (Calzada-Pérez, 2003 : 4). According to Calzada-Pérez ( ibid. ), recent definitions of ideology are linked with the concepts of power relations and metal, domination, as she quotes from Eagleton: ‘[Ideology is] ideas and beliefs which help to legitimate the interest of a ruling group or class by distortion or dissimulation’. This view, in fact, forms the basis of post-colonial thinking which ‘highlights the power relations which inform contemporary cultural exchanges’ (Simon, 1996: 136). However, Calzada-Pérez (2003) argues that sometimes ideology is should cellphones be allowed in school persuasive essay viewed in speech, more positive sense ‘as a vehicle to promote or legitimate interests of should be allowed in school persuasive a particular social group (rather than a means to destroy contenders)’ (p.
5). Scholars in the field of language-related, cultural and translation studies, however, often tend to extend the metal working, concept of ideology beyond political sphere and define it in a rather politically neutralized sense as ‘a set of should essay ideas, which organize our lives and help us understand the relation to our environment’ (Calzada-Pérez, 2003: 5). Persuasive? In most parts of the current paper, nevertheless, the writer opts for the definition proposed by van Dijk (1996: 7) for ideology as a framework that is ‘assumed to specifically organize and monitor one form of socially shared mental representation, in other words, the organized evaluative beliefstraditionally called 'attitudes'shared by social groups’. The ideology of translation could be traced in both process and product of translation which are, however, closely interdependent. The ideology of a translation, according to Tymoczko (2003), will be a combination of the content of the source text and the various speech acts represented in should cellphones in school persuasive, the source text relevant to the source context, layered together with the representation of the content, its relevance to the receptor audience, and the various speech acts of the translation itself addressing the target context, as well as resonance and discrepancies between these two ‘utterances’. However, she further explains that ‘the ideology of translation resides not simply in the text translated, but in the voicing and stance of the translator, and in essay engels, its relevance to the receiving audience’ (pp. 182–83). Schäffner (2003) explains: Ideological aspect can […] be determined within a text itself, both at should cellphones be allowed persuasive essay the lexical level (reflected, for example, in essays on customization applications, the deliberate choice or avoidance of a particular word […]) and the grammatical level (for example, use of passive structures to avoid an expression of agency). Ideological aspects can be more or less obvious in texts, depending on the topic of a text, its genre and should in school, communicative purposes. (p. 23)
Ideological aspects can also be examined in the process of text production (translating) and the role of the translator as a target text producer as well as a source text interpreter. These aspects along with two major influencing schools of post-structuralism and functionalism will be further explained in details in the following paragraphs. Ideology and the translator as a reader of the source text: Poststructuralism. According to Venuti (1992: 6), poststructuralist thinkers like Derrida and essay engels, de Man, mainly under the influence of Benjamin’s works, explode the binary opposition between original and translation which causes translators to be invisible. Before the emergence of poststructuralism, structuralists like Saussure, defined language as the scientifically examinable world of symbols constituting the should cellphones in school, linguistic system and hawk roosting essay, social structure within which the individual is socially shaped. Should Cellphones Persuasive? The structuralists believed that ‘language is constructed as a system of signs, each sign being the result of conventional relation between word and meaning, between a signifier (a sound or sound-image) and a signified (the referent, or concept represented by the signifier)’ (Roman, 2002: 309).
Later, Barthes, an early poststructuralist, claimed that ‘signifiers and singnifieds are not fixed, unchangeable, but, on the contrary, can make the sign itself signifying more complex mythical signs as intricate signifiers of the order of myth’ (Roman, 2002: 310). This shift of idea from structuralism toward poststructuralism resulted in extreme revisions in different domains of language, for example, developing of ‘the death of author’ thinking which later found its way into Translation Studies. From instability of the signifiers and signifieds, Barthes concludes that reading texts in terms of authorial intention or what we think the author meant by such and such a statement, and referring the best personal essays, source of meaning and authority of a text back to its author (as the creator of essay that text) is no more acceptable (Royle, 2003: 7). Essays On Cuba? Barthes argues that ‘since writers only write within a system of language in which particularized authors are born and shaped, texts cannot be thought of in terms of their author’s intentions, but only in relationship with other texts: in intertextuality’ (Roman, 2002: 311). In the should cellphones persuasive, absence of the author, Barthes explains, the readers (a translator could be one of them) interpret texts by setting them against their backdrop of known words and phrases, existing statements, familiar conventions, anterior texts, or, in other words, their general knowledge which is law school ideological; and the meaning of a text becomes what individual readers extract from it, not what a supreme Author put in. (Hermans, 1999: 69) ‘ “The birth of the reader must be at cellphones in school essay the cost of the death of the Author”, Barthes bravely declares’ ( ibid ). Derrida, another poststructuralist, draws attention from the signifieds to essays on cuba, the chain of signifiers, as Roman (2002) explains:
Derrida takes the structure of sign from Saussure, but transforms it into a fluid entity, whereby meaning and writing consist solely in signifiers. Signifiers refer only to should cellphones persuasive essay, each other and meaning becomes unstable since any deferral to yet another signifier implies a difference in an endless chain of signification. This is the essay engels, meaning of the should be allowed, French term différence (from the French verb différer, with its polysemantics of to differ and to delay), or Différance, a neologism created by Derrida particularly to essay schrijven, express the indeterminacy of meaning. (p. Should Cellphones Be Allowed Persuasive Essay? 311) According to Venuti (1992), poststructuralist thinkers believe that the original is itself a translation, an incomplete process of translating a signifying chain into univocal signified, and this process is both displayed and further complicated when it is translated by another signifying chain in a different language.
The originality of the foreign text is thus compromised by the poststructuralist concept of textuality. Neither the personal law school, foreign nor the translation is an original semantic unity; both are derivative, consisting of diverse linguistic and cultural materials, making meaning plural and differential (p. 7). In the same way, neither the author nor the translator as a reader of source text possesses the authorial power to definitely determine the meaning; and the ‘authority’ will always remain collective due to endless circle of be allowed in school persuasive essay signification. Poststructuralist textuality redefines the notion of equivalence in translation by essay assuming from the outset that the differential plurality in should cellphones be allowed in school persuasive, every text precludes a simple correspondence of persuasive on bullying meaning, and a ratio of be allowed persuasive essay loss and gain inextricably occurs during translation process (Venuti, 1992: 7–8). Similarly, Carbonell (1996) points out that, since the nature of the context of signification in both the source and target cultures is heterogeneous, meaning changes unavoidably in the process of translation and there will be always possibility of essays on cuba contradiction between the author’s intentions and the translator’s (p. 98). But why have such relativism and perspectivism result not in a state of complete anarchy and be allowed in school persuasive, unintelligibility? According to hawk roosting, Toury (2000), ‘Cognition itself is influenced, probably even modified by should socio-cultural factors’ (p.
119). A translator, just like an author, is essays in marketing not simply a ‘person’ but a socially and historically constituted subject. As mentioned earlier, translators interpret texts by setting them against their backdrop of should persuasive essay known words and phrases, existing statements, familiar conventions, anterior texts, or, in other words, their general knowledge which is essay engels ideological. Should In School Essay? This knowledge allows them to interpret the on customization in marketing, text and at the same time limits the range of their interpretation as Robinson aptly notices: Translators […] are those people who let their knowledge govern their behavior. And that knowledge is should in school persuasive essay ideological. Essay? It is controlled by ideological norms.
If you want to become a translator you must submit to the translator’s submissive role, submit to being possessed by what ideological norms inform you. (qtd. in Calzada-Pérez, 2003: 7) What brings de facto the individual interpretations close together is the likeness of the intertextual and ideological configurations the individuals are located in. Translators are hardly (maybe never) aware of ideological factors governing their process of the cellphones in school persuasive essay, source text interpretation. Toury (1999: 18) admits the essays on cuba, difficulties of should be allowed in school persuasive determining the role of socio-cultural factors which unconsciously affect the translator’s behavior: One thing I would not venture to do […] is tackle the intriguing question of how, and to what extent, the environment affects the workings of the brain, or how the cognitive is influenced by the socio-cultural, even though this would surely make an essay invaluable contribution to be allowed in school, our understanding of translation. Nevertheless, sometimes it becomes extremely difficult for a translation scholar to justify whether the ideological discrepancies observed between the source text and the target text are results of the translator’s subconscious ideological interpretation or of his/her intentional ideological intervention which will be discussed in the following paragraphs.
Ideology and the translator as a writer of the target text: Functionalism. While one of the pivotal achievements of the courses, poststructuralist approaches is dethroning the author and his/her authorial intention by emphasizing the role of the translator as an autonomous reader of the source text, functionalist approaches try to dethrone the source text itself by emphasizing the role of the translator as a creator of the target text and giving priority to purpose ( skopos ) of cellphones be allowed essay producing target text. According to Schäffner (1996), ‘Functionalist approach is a kind of cover term for the research of scholars who argue that the purpose of the TT is the most important criterion in any translation’ (p. 2). Functionalism is a major shift from ‘linguistic equivalence’ to ‘functional appropriateness’. From the perspective of functional approaches to translation (particularly, under the influence of Holz-Mänttäri’s theory of ‘translational action’), translation is viewed as a communicative act. In this view, translation is conceived primarily ‘as a process of persuasive speech intercultural communication, whose end product is a text which is capable of functioning appropriately in specific situations and context of use’ (Schäffner, 1998a: 3). The principles of translational (translatorial) action theory then founded the cellphones be allowed in school, basis of Vermeer’s Skopos theory. ‘ Skopos is a technical term for the aim or purpose of a translation’ (Vermeer, 2000: 221).
Skopostheorists assert that any action has an aim, a purpose. Best Essays? From their standpoint, translation is considered not as a process of transcoding (the position usually adopted by earlier non-functionalist approaches), but as a form of should cellphones in school persuasive essay human action which has its own purpose basically decided on by the translator (Schäffner, 1998b: 235; Hönig, 1998: 9). The skopos of a translation, Vermeer (2000) explains, is the goal or purpose, defined by the commission and if necessary adjusted by the translator. He defines commission as ‘the instruction, given by oneself or by someone else, to carry out a given action [which could be translation]’ (p. 229). A text in skopostheorist approach is regarded as an offer of information from its producer to a recipient.
Translation is then a secondary offer of information about persuasive information originally offered in another language within another culture (Schäffner, 1998b: 236). The translator, as an expert in translational action, must interpret ST information ‘by selecting those features which most closely correspond to the requirements of the target situation (Shuttleworth Cowie, 1997: 156). From this point of view, the should be allowed, translation process is not (necessarily) determined retrospectively by the source text, its effects on speech its addressees, or the intention of its author, but prospectively by the skopos of the target text as determined by the target recipient’s requirements (which are, however, discerned and decided on by the translator himself/ herself). The translation then is ‘the production of a functionally appropriate target text based on an existing source text [or what Neubert calls ‘source-text induced target-text production’], and the relationship between the should cellphones be allowed persuasive essay, two texts is specified according to the skopos of the translation’ (Schäffner, 1998b: 236). Focusing on the purpose of translation as the most decisive factor in translation action, skopos theory emphasizes the role of the translator as an expert in translational action and regards the source text no longer as the ‘sacred original’ from which the skopos (purpose) of the translation is deduced, but as a mere offer of information whose role in the action is to be decided by the translator, depending on the expectations and needs of the target readers (Hönig, 1998: 9). Schäffner (1998b) explains ‘The translator offers information about certain aspects of the source-text-in-situation, according to essays on customization, the target text skopos specified by the initiator’ (p. 236). Skopos theory and functionalism focus on the translator, giving him/her more freedom and at cellphones persuasive the same time more responsibility, as Hönig (1998) asserts: [The translator] may be held responsible for the result of his/her translational acts by essays on customization recipients and be allowed in school persuasive essay, clients.
In order to act responsibly, however, translators must be allowed the persuasive on bullying, freedom to decide in co-operation with their clients what is in their best interests. (p. 10) An awareness of the requirements of the skopos , Vermeer maintains, ‘expands the possibilities of should in school persuasive essay translation, increases the range of possible translation strategies, and essays on cuba, releases the translator from the corset of an enforced – and hence often meaningless – literalness’ (qtd. in Shuttleworth Cowie, 1997: 156). The translator thus becomes a target-text author freed from the ‘limitations and restrictions imposed by cellphones be allowed persuasive a narrowly defined concept of loyalty to best essays, the source text alone’ (Schäffner, 1998b: 238). Hönig (1998: 14) usefully contrasts the characteristics of functional approaches vs. non-functional approaches as follows: Must be visible. Should be invisible.
Translation processes should be. Target text oriented. Source text oriented. Aim of translation is. Translation tools taken from. Figure 1: A schematic view of functionalist and non-functionalist approaches.
As it is evident in Hönig’s schematic view, ‘ visibility ’ of the cellphones be allowed in school essay, translator is a key concept in functional approaches. According to Hönig (1998: 12–13), in functionalism the working courses, translator inevitably has to be visible, since functional approaches do not establish rules but support decision-making strategies and the translator has to make critical decisions as to how define the translation skopos and should cellphones in school, which strategies can best meet the target recipient’s requirements; s/he should be visible, making his/her decisions transparent to his/her client and accepting the responsibility of his/her choices. A visible translator has to accept the consequences of his/her translational decisions, as Toury (1999) declares, ‘it is always the translator herself or himself, as an autonomous individual, who decides how to behave, be that decision fully conscious or not. Whatever the degree of engels schrijven awareness, it is s/he who will also have to bear the cellphones, consequences’ (p. Hawk Roosting Essay? 19). According to Nord (2003), almost any decision in translation is – consciously or unconsciously – guided by ideological criteria (p. 111). Ideological factors are very decisive in cellphones in school essay, defining the persuasive, translation skopos (target-text intended purpose) and selecting the functionally appropriate strategies by cellphones in school persuasive essay the translator, based on essays on cuba the expectations of the translation clients. These factors which affect and regulate the translator’s behavior are further investigated in the following section under the title of ‘ norms ’.
According to Toury (1999), all human beings have an essay inherent tendency toward socializing and social acceptability; as a result, under normal conditions, people tend to avoid behaviors which are prohibited or sanctioned as well as to metal working, adopt behaviors which are considered as being appropriate within the group they belong to (pp. 15–19). There is a socially shared knowledge between members of be allowed every community as to what is considered correct or appropriate as a communicative behavior. Essays On Cuba? This knowledge exists in the form of norms. They serve consciously as a pattern of behavior, and ‘they also regulate expectations concerning both behavior itself and the products of this behavior’ (Schäffner, 1999: 5). Toury (1999) defines norm in terms of ‘the translation of general values or ideas shared by a groupas to what is conventionally right and wrong, adequate and inadequateinto performance instructions appropriate for and applicable to particular situations’ (p. 14). Taking into consideration the definition of ideology by van Dijk (1996) as ‘the organized evaluative beliefs shared by social groups’, normsas defined by Toury (1999)seem to have much in should cellphones be allowed persuasive, common with ideology; in other words, norms can be understood as ideological realization of the concept of appropriateness and correctness.
Decision-making is a key concept in the discussion of norms. Norms exist ‘only in on customization applications, situations which allow for alternative kind of behavior, involving the need to select among these, with the additional condition that selection be non-random’ (Toury, 1999: 15). This selection, according to Toury (1999), could be posited between two constraining extremes of should be allowed persuasive ‘relatively absolute rules on one hand, and pure idiosyncrasies on the other’ (p. 16). Toury applies the norms concept to metal working, translation studies presuming that translating involves playing a social role subject to several types of socio-cultural constraints of varying degree. Cellphones Persuasive Essay? He, consequently, argues that the acquisition of best personal essays a set of norms for determining the suitability of translational behavior, and for in school essay, maneuvering between all factors which may constrain it, is a prerequisite for becoming a translator within a cultural environment (Toury, 2000: 198). Toury (2000) claims that norms govern every level of decision-making in the translating process from choice of text to translate to persuasive on bullying, the very final choices of translation strategies of action.
He, consequently, introduces three kinds of in school norm: 1) initial norm; 2) preliminary norms; and 3) operational norms. Initial norm governs the essays, translator’s overall decisions to adhere ‘either to the original text, with the norms it has realized, or to the norms active in the target culture, or in that section of it which would host the end product’ (Toury, 2000: 201). Toury (2000), however, denies the necessity of full conformity between an overall decision made and every single decision be made in the lower-levels of translation process; and, consequently, denies the existence of absolute regularity in translational behaviors (p. 201). The options which are made available to the translator by Toury’s initial norm are very similar to those which Venuti (1998b: 240) talks about in his foreignizing and domesticating strategies of cellphones be allowed persuasive translation. Preliminary norms govern the decisions to be made concerning translation policy and directness . According to Toury (2000: 202), ‘ translation policy refers to those factors that govern the choice of essays on cuba text types; or individual texts, to be imported through translation into a particular culture/language at a particular point in time’. He further explains that ‘considerations concerning directness of translation involve the threshold of tolerance for translating from languages other than the ultimate source language’ (p. 202). Operational norms direct the actual decisions made during the act of translation and are subdivided into matricial and textual-linguistic norms.
Matricial norms govern the segmentation and distribution of textual materials in the target text. Textual-linguistic norms ‘govern the selection of cellphones material to formulate the target text in, or replace the essays applications in marketing, original textual and linguistic material with’ (Toury, 2000: 202–3). It should be noted that, according to Toury (2000), ‘There is no necessary identity between the norms themselves and any formulation of them in language (p. 200). He believes that the cellphones be allowed in school, observed regularities in translational behaviors are not themselves the norms; they are rather ‘external evidence’ which reflect the existence of essay engels schrijven norms (Toury, 1999: 15). Toury also does not identify repeated translational strategies as to be identical with norms; but he thinks norms are the idea behind a strategy (qtd. in Schäffner, 1999: 84). Therefore, Baker’s interpretation of norms as ‘regularities of translational behavior within a specific socio-cultural situation’ (Baker, 1998: 163) or ‘strategies of translation which are repeatedly opted for, in cellphones in school, preference to other available strategies, in a given culture or textual system’ (qtd. in Shuttleworth Cowie, 1997: 114) seems to be an oversimplification of this concept. Chesterman (1993) looks at the concept of norms from a different perspective. Whereas Toury does not pay too much heed to best, the role of the readership and their feedback in norm construction, Chesterman (1993: 8) puts distinction between expectancy norms , which are the expectations of the target readership and should cellphones be allowed in school persuasive essay, the client etc., and persuasive, the professional norms which explain the translator's tendency to observe these expectancy norms.
According to Toury (2000), norms themselves actually are not observable. Should Persuasive Essay? He declares that what are actually available for observation are rather norm-governed instances of behavior or the products of such behavior (p. 206). Toury introduces two major sources for reconstruction of translational norms: 1. Textual : the translated text themselves, for all kinds of norms, as well as analytical inventories of translation (i.e., ‘virtual texts’), for various preliminary norms; 2. On Bullying? Extratextual : semi-theoretical or critical formulations, such as perspective ‘theories’ of translation, statements made by translators, editors, publishers, and other persons involved in or connected with the activity, critical appraisals of cellphones in school individual translations, or the activity of a translator or ‘school’ of translators, and so forth. (Toury, 2000: 207) Likewise, Baker (1998) introduces studying of a ‘corpus of authentic translations’ as a means for identifying regular instances of translational behavior which are represented in that corpus by the translator, and, thus, for identifying the translational norms (p. 164).
After so many years of the dominance of the prescriptive approaches over translation teaching, maybe the time has come for a serious revision in translation teaching methods. Translation teaching should no longer be seen as a set of rules and instructions prescribed by translation teachers to the students as to what strategies will lead to a ‘ good ’ or ‘ correct ’ translation and what to a ‘ wrong ’ and ‘ incorrect ’ one. Understanding the essay schrijven, importance of decision-making in translation, the translation teachers should try to describe the actual translational decisions made by actual translators under different socio-cultural and should be allowed persuasive, ideological settings in real life and real situations, and explain the perlocutionary consequences resulted from adoption of such decisions for the students. They should allow the persuasive speech on bullying, students to select voluntarily between different options they have at hand, reminding them that they will be responsible for the selections they make. Translation teachers should make it clear for the students that every translation has its own aim determined by its translator, and that they could freely choose the persuasive essay, options that best serve their intended aim of translation. Álvarez, R. Vidal, M.C. (1996).Translating: A political act. In R. Essay Engels Schrijven? Álvarez M. C. Should Essay? Vidal (Ed.) Translation, power, subversion (pp. 1-9).
Philadelphia: Multilingual Matters. Baker,M. In Marketing? (1998). Should Be Allowed In School? Norms. In M. Baker (Ed.) Routledge encyclopedia of translation studies (pp. Metal Working Courses? 163-165). Should In School Persuasive? London: Routledge. Bassnett, S. (1996). The meek or the mighty: Reappraising the role of the translator.
In R. Álvarez M. C. Vidal (Ed.) Translation, power, subversion (pp. 10-24). Philadelphia: Multilingual Matters. Calzada-Pérez, M. (2003). Introduction. Speech On Bullying? In M. Calzada-Pérez (Ed.) Apropos of ideology (pp.
1-22). Manchester: St. Jerome. Carbonell, O. (1996).The exotic space of cultural translation. In R. Álvarez M. C. Vidal (Ed.) Translation, power, subversion (pp. 79-98). Philadelphia: Multilingual Matters. Fawcett, P. (1998).
Ideology and translation. In M. Baker (Ed.) Routledge encyclopedia of should be allowed translation studies (pp. 106-111). London: Routledge. Hermans, T. (1999). Translation and normativity.
In C. Schäffner (Ed.) Translation and norms (pp. Essays On Cuba? 50-71). Philadelphia: Multilingual Matters. __________ (1985) The Manipulation of Literature: Studies in Literary Translation . London/Sydney: Croom Helm. Hönig, H. G. (1998). Positions, power and practice: Functionalist approaches and translation quality assessment. In C. Schäffner (Ed.) Translation and quality (pp. Should Cellphones In School Persuasive? 6-34). Philadelphia: Multilingual Matters.
Leppihalme, R. (1997). Culture bumps: An empirical approach to essays on cuba, the translation of allusions. Persuasive Essay? Philadelphia: Multilingual Matters. Nord, C. (2003). Function and loyalty in Bible translation. In M. Calzada-Pérez (Ed.) Apropos of ideology (pp.
89-112). Manchester: St. Jerome. Roman, D. (2002). Poststructuralism. In V. Taylor C. Essays On Cuba? Winquist (Ed.) Encyclopedia of postmodernism (pp. 308-10). London: Routledge. Royle, N. Should Cellphones In School Persuasive? (2003).
Jacques Derrida . London: Routledge. Schäffner, C. (2003). Essays Applications In Marketing? Third ways and new centres: Ideological unity or difference? In M. Calzada-Pérez (Ed.) Apropos of ideology (pp. 23-42). Manchester: St. Jerome. __________ (1999). The concept of norms in translation studies. In C. Schäffner (Ed.) Translation and should cellphones persuasive, norms (pp.
1-9). Philadelphia: Multilingual Matters. __________ (1998a). Action (Theory of translatorial action). In M. Baker (Ed.) Routledge encyclopedia of translation studies (pp. 3-5). London: Routledge. __________ (1998b). Skopos theory.
In M. Essay Schrijven? Baker (Ed.) Routledge encyclopedia of translation studies (pp. 235-38). London: Routledge. __________ (1996).From 'good' to 'functionally appropriate': Assessing translation quality. In C. Cellphones Be Allowed In School Persuasive? Schäffner (Ed.) Translation and quality (pp. 1-6). Philadelphia: Multilingual Matters. Shuttleworth, M. Cowie, M. (1997). Dictionary of essay translation studies . Manchester: St. Jerome.
Tahir-Gürça#287;lar, #350;. (2003). The translation bureau revisited: Translation as symbol. In M. Calzada-Pérez (Ed.) Apropos of ideology (pp. 113-130). Manchester: St. Jerome. Toury, G. (2000). Cellphones Be Allowed In School Essay? The nature and role of norms in translation. In L. Venuti (Ed.) The translation studies reader (pp.
198-211). London: Routledge. __________ (1999). A handful of paragraphs on 'translation' and 'norms'. In C. Essays On Customization Applications? Schäffner (Ed.) Translation and norms (pp. 9-31). Persuasive? Philadelphia: Multilingual Matters. __________ (1995). Descriptive translation studies and beyond . Amsterdam: John Benjamins.
Tymoczko, M. On Customization? (2003). Should In School? Ideology and the position of the translator: In what Sense is courses a translator ‘in between’? In M. Calzada-Pérez (Ed.) Apropos of ideology (pp. 181-202). Manchester: St. Cellphones Persuasive Essay? Jerome. van Dijk, T. A. In Marketing? (1996). Discourse, opinions and ideologies.
In C. Schäffner H. Kelly-Holmes (Ed.) Discourse and ideologies (pp. 7-37). Philadelphia: Multilingual Matters. Venuti, L. (1998a). Should Be Allowed In School Persuasive? The scandals of hawk essay translation: Towards an cellphones in school persuasive essay ethics of essays on cuba difference. London: Routledge.
__________ (1998b). Strategies of translation. In M. Baker (Ed.) Routledge encyclopedia of translation studies (pp. 240-244). London: Routledge. __________ (1992). Introduction. In L. Venuti (Ed.) Rethinking translation: Discourse, subjectivity, ideology (pp. Cellphones Be Allowed? 1-17).
London: Routledge. Vermeer, H. J. (2000). Skopos and commission in best personal essays law school, translational action (A. Be Allowed Essay? Chesterman, Trans.). In L. Venuti (Ed.) The translation studies reader (pp. 221-32). London: Routledge.
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law essay outline The following material illustrates the process of outlining and test taking. In using this material, you should first study the cellphones negligence outline in Part 1. The outline is not intended to speech on bullying be a thorough summary of the law in the area of negligence. It is to be used in conjunction with the sample exam and be allowed in school persuasive essay sample answer to essays law school show the principles talked about in this book. After studying the outline, read the question. Next, attempt to outline an answer. Then compare your outline with the one in Part 3. Finally, try writing an answer.
A sample answer is contained in Part 4. Negligence 1 Issue / Scope Definition of negligence and be allowed in school essay component parts What triggers negligence? Defenses Rule Common Law : A prima facie 2 case of negligence exists IF the following conditions are proven: Defendant had a duty of reasonable care . Defendant breached that duty. The breach was the essays on cuba actual and proximate cause of the should cellphones be allowed essay plaintiff's injuries. Some sort of damage occurred to the plaintiff or her property.
Duty of reasonable care definition Every person has the duty to exercise the care of a reasonable and metal working prudent person in persuasive, the same or similar circumstances. Breach of duty Breach is a question of fact that must be proven by showing: Some behavior occurred on the part of the defendant AND defendant's behavior was unreasonable. Actual and metal Proximate cause Actual Cause exists IF But-for the defendant's behavior, the harm would not have occurred. Proximate Cause (or Legal Causation) limits liability to those harms that were: foreseeable to the defendant by his behavior BUT no liability exists for unforeseeable harms even if directly caused by defendant. Defenses Contributory Negligence Plaintiff contributed to the negligent act. Should Be Allowed Essay! Plaintiff is subject to same standard as negligence. Assumption of on customization risk doctrine IF plaintiff knew the risk AND voluntarily assumed the in school persuasive risk by persuasive, engaging in the behavior THEN plaintiff will be denied recovery. Emergency Doctrine Allows defendant to lower standard of care because an emergency required them to act rashly in order to avoid a greater harm from be allowed in school persuasive essay, occurring. Custom Custom can be used to show that behavior was in line with the behavior of everyone else., thus resulting in no breach.
E.g. Everyone drives at 50 MPH on that particular stretch of the highway even though it is posted at 30 MPH. Analysis Duty of Reasonable Care Reasonable person standard is judged objectively according to factors: Physical characteristics Person with poor vision must drive slower. Age Children held to a lower standard than adults. Held to standard of reasonable care for a child of speech same age, education, intelligence and experience. Mental Illness Mental illness does not lower standard of care UNLESS it is sudden and unexpected. Professionals Doctor held to a standard of cellphones in school persuasive care of a reasonable doctor with same education and in same community. Hawk! Breach of Duty - Types of proof Violation of law is proof of breach. Res ipsa loquitur 3 Inference of negligence because no other reasonable explanation exists for the harm caused.
Was harm foreseeable ? Direct and Proximate Causation Direct Cause But-for test Ask question: Would the persuasive essay same harm have resulted if defendant had not breached his duty? IF yes THEN Direct Cause is not established since harm would have been caused regardless of applications in marketing defendant's action. Proximate Cause Risk Rule: Defendant cannot be held responsible for risks that were unforeseeable. There was no duty of in school essay reasonable care because harm was unforeseeable. Cases Wilson v. Hawk Roosting! Silbert . Emergency doctrine : In a drive-through bank line, the cellphones car in front of defendant start backing up quickly, so defendant backs up as well without looking. Sudden emergency doctrine lowers standard of reasonable care. Should have looked but emergency avoided a harm to himself.
US v. Carroll Towing . Breach illustration . Judge Learned Hand. Barge breaks loose of its moorings without watchman on board. Barge sinks with cargo. Barge company is liable for cargo because the burden of working courses taking precautions - having watchman on should cellphones essay board - was negligible compared with probability of harm of a barge breaking loose of its moorings. T.J. Hooper . Custom defense . Tugboat ran into a storm and lost its cargo. Tugboat didn't carry a radio on on bullying board so didn't get the weather reports. Tugboat owner is be allowed, not liable for negligence in not carrying a radio because it's the persuasive on bullying 1930s and the custom was not yet established to always carry a radio on boat. Palsgraf v. Long Island RR . Proximate Cause . Judge Cardoza. Railroad guard pushes man who drops package.
Package contains hidden fireworks that explode and cause scales to fall harming plaintiff. Be Allowed In School Persuasive Essay! Illustrates that harm was not foreseeable by guard as to plaintiff so no proximate cause . 1 Negligence is a much deeper topic than is covered in this sample outline. The outline here is meant to essays on cuba illustrate techniques of outlining rather than be a comprehensive overview of negligence. 2 Prima facie is Latin for on the face of it. It means the conditions that will satisfy the rule unless other evidence contradicts the should cellphones in school persuasive essay findings.
3 Res ipsa loquitur is Latin for the thing speaks for itself. The following example is meant to illustrate a typical question and suggest an approach on how you might outline the relevant issues and facts. Unless you have already taken torts, you probably won't immediately recognize why some of the facts are relevant. What's important to see here, however, is not the law, but to illustrate that once you know the law, you should note the relevant facts in order to spot the issues. David is driving 25 MPH in 25 MPH zone down a four lane street where there are children playing. One nine-year-old child, Kevin, runs into the street chasing a soccer ball. David, without looking over his shoulder, swerves into the other lane to avoid Kevin and in the process he hits a car, driven by essays, Peter, that was speeding past him in the left-hand lane going in should be allowed, the same direction.
Peter loses control of his car, hits a telephone pole and is seriously and permanently injured. The telephone pole, owned by the local phone company TeleCo, easily snaps into two pieces and hits Kevin, who is still in the street, knocking him unconscious and resulting in permanent injuries. TeleCo never did any testing of its poles to establish how easily the poles broke. The only factor used in manufacturing the poles was cost. Engels! The poles were made of low quality trees and were not treated in should cellphones be allowed in school persuasive essay, any significant manner except for a coating of on customization tar. No reinforcement was used on the poles. What are the various liabilities and cellphones be allowed persuasive rights of the engels parties involved? 4 See Bernier v. Boston Edison Co. 403 N.E.2d 391 for should be allowed in school persuasive, a real world analog to this hypothetical.
Notice how the court came out in those circumstances. What follows is a sample outline to the problem discussed above. This outline has far more words in it than you would want to use in an actual exam. Engels! This detail just illustrates the framework of an answer to should cellphones in school make it comprehensible to you. You would want to abbreviate words and otherwise use a lot of shortcuts in an actual exam in order to save time.
Once you understand the analytical framework, an actual outline of the first issue might look more like this: Who are the potential parties? Under what legal theory can they bring an action? What are the defenses? What are the significant facts proving the theory or defense? What are the damages if defendant is held liable? Pro: Swerving into lane. Pro: Kids playing signals duty to personal law school slow down. Con: David was driving speed limit. Kid could have been killed.
Peter was going over should essay, speed limit. David should have looked before swerving. Duty arose since foreseeable and no action to prevent harm. The injured individuals can seek damages based on a theory of on customization negligence. I will examine the potential liability of each party in turn. Cellphones Be Allowed In School Persuasive Essay! The prima facie case for negligence is working courses, established by showing a duty of in school persuasive essay reasonable care, breach of the duty, actual and proximate cause and damage.
Although David may have breached a duty in not looking when changing lanes, he has a defense in the emergency doctrine. To prove negligence, Peter has the essays on customization applications burden to prove that David had a duty to should in school drive more carefully. Working! One theory would be that David should drive slower than the speed limit when kids were present. Evidence of should be allowed essay breaking the law is automatically considered a breach of a duty, but not breaking the law doesn't necessarily establish that a breach didn't occur. All of the facts and circumstances must be considered. Since 25 MPH is a standard speed limit for residential areas where kids normally play, I don't think that David had a duty to drive slower. David, however, probably breached a duty of care by not looking before he changed lanes. Essays! A reasonable and prudent person would naturally look before changing lanes. Here, however, David can claim two defenses. First, he can claim contributory negligence since Peter was speeding. (See below for an analysis of Peter's liability.) Second, David can claim the emergency doctrine. Since his swerving into the lane avoided an accident with Kevin, he was justified in making the split-second decision to swerve.
I think that under the should essay duty of reasonable care analysis, David acted with the care of an essays on cuba ordinary and be allowed in school essay prudent person under the circumstances of an emergency. Therefore, David will probably not be found negligent in regard to Peter's claim. Even if he is found negligent, David's liability is limited if Peter is best essays law school, found to cellphones be allowed in school persuasive be liable for contributory negligence. As to Kevin's claim of negligence against David, it is arguable that David's action was the best essays cause of the injury that occurred to be allowed in school persuasive Kevin. Under the but-for standard of review, if he hadn't swerved into the other lane, he would not have sent Peter's car crashing into the phone pole.
However, Kevin's claim against David probably loses on the issue of proximate cause. Roosting Essay! Proximate cause limits the liability of David to those risks that were foreseeable. Here, I don't think that a telephone pole snapping in half and falling on top of a kid is be allowed essay, a likely result from essays on customization in marketing, swerving into another lane in order to avoid the kid in be allowed in school persuasive essay, the first place. It is as improbable a result as that in Palsgraf . David is speech, probably not liable for negligence in regard to Kevin's injuries. Both Kevin and David can state a claim against Peter for their damages as a result of Peter's negligence in driving over the speed limit. Peter is liable under the theory of negligence per se since he was over the speed limit. Should Be Allowed! Breaking the law - such as posted speed limits - creates a rebuttable presumption of negligence and doesn't require further analysis.
Peter can rebut the hawk essay presumption of negligence by be allowed in school essay, showing it was the custom to speed on that street; however, the fact that children were present would go to show that Peter had a duty of care to ignore the custom and slow down under those circumstances. Peter can also argue contributory negligence against both David for swerving and Kevin for running into the street. While David was not judged to be negligent for, I don't think his claim for damages to his car will survive. Personal Essays! Peter's claim of contributory negligence against cellphones be allowed essay David is valid since David had a duty to look before changing lanes. Although the emergency doctrine relieves David of liability, it does not confer liability on Peter. David, or his insurance company, will probably have to pay damages on David's car.
Kevin will be judged by the standard of schrijven what a reasonable and prudent nine year old would do when playing games in persuasive, his own neighborhood. The neighborhood represents safety in Kevin's mind, thus an exuberant pre-teen might feel safe enough to run in the street. Even so, most kids are taught at an early age to look both ways before crossing the street. I think it is likely that Kevin, or his parents, will bear some responsibility for Kevin's injuries since he did not belong in applications, the street. Peter's strongest defense against Kevin's claim is to argue - as David did above - that the injuries arising form the telephone pole were not foreseeable and therefore the should cellphones be allowed persuasive damage is too attenuated for Peter to applications in marketing be held liable. Here, it is less clear. Cellphones! The casual connection is closer than it was with David. I think that it is foreseeable that when someone is speeding they might lose control and damage would result from that loss of control. While the hawk essay pole snapping was not foreseeable, the risk of some type of in school persuasive essay harm coming about was foreseeable. It is not necessary to show that a specific harm was foreseeable as it is that some harm was foreseeable. I think Peter will be liable for metal working, some measure of Kevin's damages.
Although it may not have been foreseeable for this accident to happen, I think that TeleCo is probably liable to Kevin for damages. Here, TeleCo was under a duty of reasonable care since it knew that its telephone poles would be placed along the sides of roads. It was foreseeable that a car might hit a pole with sufficient force as to knock the should cellphones in school persuasive pole down. Since the poles are commonly placed in neighborhoods, it is reasonable to conclude that a pole might fall on someone. Despite its duty to protect against potential harm, TeleCo did not do any testing to working courses determine the danger involved in falling poles. Furthermore, it did nothing to mitigate the danger by seeking to reinforce the pole with metal strips, to sink poles deeper in the ground or buy a harder type of wood. The only factor that TeleCo thought was relevant was keeping its costs down. Consequently, I think that TeleCo's failure to seek alternatives was a breach of be allowed essay its duty of care.
Under a causation analysis, the breach was both a direct and proximate cause of Kevin's injuries. But-for TeleCo's breach, Kevin's injuries would not have occurred. Furthermore, it is foreseeable in a car accident where a pole falls, that an innocent bystander will get hurt. Applications In Marketing! Since Kevin has shown damages, I think that TeleCo will probably be found negligent and liable for damages.