Friday, November 15, 2019

Night Out On The Ritz :: essays research papers

In the short story â€Å"Babylon Revisited†, written by F.Scott Fitzgerald there are many different settings in the story. One of the main settings in the story is the bar at the beginning. The bar it self represents the jazz era, where everyone wore fancy clothes, partied all the time and tipped well. The bar is also a cold reminder how the Americans used to live in the 20’s, since they have almost no money in the 30’s. It also represents the old Charlie Wales and it serves as a reminder to the new Charlie Wales about his past. â€Å"We were sort of royalty, almost infallible, with a sort of magic around us†(89). The old Charlie Wales lived during the economic boom of the 20’s, or other wise known as the jazz era. He lived a good life. During that time, he spent a lot of time drinking and throwing away money: â€Å" he remembered thousand-franc notes given to an orchestra for playing a single number, hundred-franc notes tossed to a doorman for calling a cab†(90). Sometimes just acting childish with his friends Duncan Schaeffer and Lorraine Quarrles: â€Å"We did have such good times that crazy spring, like that night you and I stole that butcher’s tricycle†¦Ã¢â‚¬ (98). Nevertheless, he spent a lot of time in a bar called the Ritz. When he first got there, it was instinctive to give the head barman his numbers were he was staying as if it was his second home. â€Å"If you see Mr.Schaeffer, give him this†¦It’s my brother-inlaw’s address. I haven’t settled on a hotel yet†(86).   Ã‚  Ã‚  Ã‚  Ã‚  After the rolling 20’s came the economic depression of the 30’s. Everyone was affected, even the high and mighty that thought they were even royalties were affected.   Ã‚  Ã‚  Ã‚  Ã‚   Charlie Wales asked the bartender â€Å" By the way, what’s become of Claude Fessenden?† Alix lowered his voice confidentially: â€Å"He’s in Paris, but he doesn’t come here any more. Paul doesn’t allow it. He ran up a bill of thirty thousand francs, charging all his drinks, his lunches, and usually his dinner, for more than a year. And when Paul finally told him he had to pay, he gave him a bad check.†(87) When Charlie Wales first came to Paris his first stop was an old bar he used to go to, the Ritz. Much had changed since he had left. â€Å"It was not an American bar any more-he felt polite in it, and not as if he owned it†(86).

Tuesday, November 12, 2019

Case Study of Negligence

Duty of care Issue: Does defendant (David or the Bright Smiles Dental Surgery) owned duty of care to plaintiff (Tony)? Rules: * The neighbour principle: In Donoghue v Stevenson1, Lord Atkin concluded that we all owe a duty of care to our â€Å"neighbors†, meaning those persons who we should have in mind when we are contemplating actions that we take as we go about our business and private lives. * Neighbour Defined: â€Å"My neighbors are persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when directing my mind to the acts or omissions which are called in question†. Foreseeability: For an action in negligence to succeed, it must be foreseeable that the act (or omission) of the defendant could cause harm to the plaintiff. The test is one of â€Å"reasonable foreseeability†, which is an â€Å"objective†. * Proximity: There must be some relationship between the parties for the duty to exist. In other words, proximity that requires care to be taken must exist. Application: As Tony was having the surgery in the Bright Smiles Dental Surgery, therefore, whatever will happen based on the surgery, it should be the duty of care of the Bright Smiles Dental Surgery.Be more specific, David is employed there as a full-time dentist and he was the one who attached the artificial teeth by strong dental glue instead of the way which recommended by leading dentists. If David did not change the way of attach the teeth, Tony would never get a severe infection caused by the method of fitting of the artificial teeth. Conclusion Applying the neighbour principle and reasonable foreseeability, David or the Bright Smiles Dental Surgery do owed the duty of care of Tony.And it is foreseeable that the act of the defendant, which may be David or the Bright Smiles Dental Surgery, could cause harm to the plaintiff, which is Tony. Breaching that duty of care Issue: Does the defendant ( David or the Bright Smiles Dental Surgery) breach his duty of care? Rule: * Reasonable person-Standard of care: the standard person would have foreseen harm in the circumstances and would have taken steps to prevent it. The defendant will be in breach of their duty if reasonable steps are not taken to prevent foreseeable harm.The test is an objective one –what a reasonable person thinks. * Weighting test: 1. The likelihood of injury: If the risk of injury is minimal, there will be no breach of the duty of care. 2. Gravity of injury if occurring: The seriousness of any resulting injury 3. Steps needed to remove the risk: The steps required to eliminate the risk 4. Benefit (social utility) of the defendant’s conduct: The social utility of the defendant’s conduct must be weighed against the gravity of the risk. ApplicationAs David’s conduct is measured against the reasonable person who should told Tony there was a risk to use the dental glue . It is possible that David get hurt from the dental glue and the surgery. The gravity of injury is quite serious as his teeth fell out of the new desk while he was on TV presenting the evening news. After he got home his whole mouth was aching and he complained of severe pain in the gap left by extraction. For the steps to eliminate the risk, David should foresee the harm which caused by the dental glue and the possible consequence might cause.Last but not least, there is no benefit (social utility) of the defendant’s conduct. In fact, David could transfer Tony to his other workmate if he is not familiar with the way which suggested by the leading dentist. However, David chose to do it by using the strong glue which causes all the damage. Conclusion Hence, David did breach the duty of care of Tony as he was the reasonable person who should foresee the damage and it is easy to eliminate the damage. LOSS OR DAMAGE FOLLOING FROM BREACH OF DUTY IssueWas Plaintiff (Tony)’s damage the dire ct result of defendant (David or the Bright Smiles Dental Surgery)’ breach? Rules * Causation (but for test): But for the conduct of defendant, would the damage have been suffered? The test was explained well by Lord Denning in Cork v. Kirby Maclean Ltd (1952) 2 ALL ER 402 at 407 , as follows: If you can say that the damage would not have happened but for a particular fault, then that fault is in fact a cause of the damage; but if you can say that the damage would have happened just the same fault or no fault, then the fault is not a cause of the damage.If there is more than one cause of the damage the â€Å"but for† test will have limited application. In such case the courts will use a â€Å"balance of probabilities’ test in determining causation. * Remoteness of damage (reasonable foreseeable test, the test is objective) would a reasonable person have foreseen the damage? * Assessment of damages: the aim of damages is to compensate the plaintiff for the loss or damage that flowed from the defendant’s breach of duty of care owed.Such loss or damages is quantified by the judge hearing the case to compensate the plaintiff not only for their actual loss but for their future potential loss as well. Application After diagnosing of Tony’s mouth, it was certified that there was a severe infection in Tony’s gum that was shown in tests to be caused by the method of fitting of the artificial teeth. In fact, as David decided to use the dental glue, instead of the traditional method that was recommended by the leading dentist.And David, who is the reasonable person, owned the duty of care of Tony. According to the fact, Tony not only suffers variety of physical damage but also physiological damage. He became depressed due to his appearance and loss of work, and is seeing a counsellor for therapy who suggested him to go for a holiday. Therefore, he had suffered the medical and dental expense total $ 14, 000, loss of wages $ 12,00 0, and counselling$1,800. And the cost of trip is $ 5,000. Conclusion: Therefore, Tony’s damage directly resulted from David’ breach of duty of care.If He in civil proceedings is successful, a remedy will be rewarded as compensation of dental expense $ 14, 000, loss of wages $ 12,000, and counselling$1,800. And the cost of trip is $ 5,000. What is more, he could DEFENCES TO AN ACTION IN NEGLIGENCE Issue Are there any defences available to defendant (David or the Bright Smiles Dental Surgery)? Rules Defences to an action in negligence: * Contributory negligence: It occurs where the plaintiff can be held partly to blame for the loss sustained as result of a failure to take reasonable care against a foreseeable risk of injury.This rule has been modified by statue in Section 26 of the Wrong Act 1958 3(Vic. ): Where any person suffers damages as the result partly of his own fault and partly of the fault of any other person or persons, a claim in respect of that damage shall not be defeated by reason of the fault of the person suffering the damage, but the damage recoverable in respect thereof shall be reduced to such extent as the court thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. Voluntary assumption of risk: if a person assumes the risk of injury voluntarily, this is complete defence to a claim of negligence. It is difficult defence to rise as it must be proved that the plaintiff was aware of the risk and accepted that risk freely. Application After checking Tony’s x-rays, David extracted the teeth and put the artificial teeth in place. However, David was not familiar with the accepted method of attaching artificial teeth recommended by leading dentists and instead attached them by way of strong dental glue.However, it was David determined to use the strong dental glue instead of the method recommended by the leading dentist. On the other side, Tony should figure out that his met hod is different from the one which recommended by the leading dentist, and he should do some more consulting of the new method which was going to be used in his surgery. Conclusion Therefore, Tony did contribute to his damage as he did not check his new method which causes the inflection and further damage.

Sunday, November 10, 2019

Public Finance Entitlement Essay

Entitlement is said to be corrupting us according to the article written by Nicholas Ebertadt. According to him, as each day passes, the government focuses more attention to the pubic transfers of money, goods and services to individual citizens than any other goals. They spend more on the individual than the rest of other issues combined. In 2010 alone, the government spent over $2.2 trillion in money, goods and services. According to the article, two-thirds of resources and money goes into entitlement. This is what is causing people not to be hardworking citizens. People are depending too much on government spending rather than working hard for themselves. The American way of life has become the mentality of taking not working. On the article written by Willaim A. Gaslton, Entitlement is not corrupting but rather they are part of the civic compact. That is, entitlement is meant for future generations and those who cannot take care of themselves and not those who can do something for themselves but refuse to do so. The article suggest that it is ok for low wage income earners who are working hard but cannot afford certain amenities to seek for aid from the government. These groups of people can be described as interdependency. Well, for my point of view, I would not say Entitlement is corrupting us but rather it is an issue that needs to be looked at critically. My reasons being, first, many people are giving birth at age of 18 and 16 years that just completed high school or might still be in high school, and they believe is ok to be in that situation because after all the government will help. There a lot of people that I know that are about 18 years old and already has 2 kids plus one more on the way. What is she going to do to support her kids other than take form the rich and give to her, thus Medicaid, food stamps, etc. There are a lot of people who will give birth to a child they cannot support but just for the sake of getting tax money from the government. It is alright to help the ones that are working hard but still struggle taking care of some amenities and also the ones that cannot work due to reasonable factors. However, I think it is wrong for people to ask for government help when they are physically strong and capable of working but refuse not to. That is where the problem lies and needs to be fixed.

Friday, November 8, 2019

Free Essays on In Praise Of Censure

The Power of Censure In the essay, â€Å"In Praise of Censure,† Garry Wills, the Henry r. Luce Professor of American Culture and Public Policy at Northwestern University, defines censure, as oppose to censorship. Wills also strives to persuade the reader that censure, the open expression of moral disapproval, can strongly and effectively hold certain ideas up for critical analysis without suppressing them or hindering the rights protected by the First Amendment of the U.S. Constitution, as toleration or censorship does. Wills supports this claim with the use of factual evidence, authorative testimony, and rhetorical questions. Wills uses factual evidence to back his declarations. In the first paragraph of his essay, Wills strives to introduce examples of censorship against censure to the reader. He does this with accounts of several different instances in which censure has been used. He speaks of feminists joining â€Å"reactionaries to denounce pornography.† He narrates of how the rock musician Frank Zappa accused Tipper Gore, the wife of Al Gore, of launching an â€Å"conspiracy to exhort† when she asked that sexually explicit materials be labeled with warnings and of how Penthouse magazine charges Terry Rakolta, a house wife who withdrew her support from the sitcom, â€Å"Married†¦With Children,† with â€Å" yelling fire in a crowded theater.† Further along in â€Å"In Praise of Censure,† Wills makes an assertion concerning the First Amendment, â€Å"Belief in the First Amendment does not pre-empt other beliefs, making one eunuch to the interplay of opinions. It is a distortion to turn ‘You can express any views’ into the proposition ‘I don’t care what views you express.’ If liberals keep equating equality with approval, they will be repeatedly forced into weak positions.† To verify his contention, Wills goes to the situation in which an art gallery had cancelled an exhibit of the photographer, Robert Maplethorpe, because th... Free Essays on In Praise Of Censure Free Essays on In Praise Of Censure The Power of Censure In the essay, â€Å"In Praise of Censure,† Garry Wills, the Henry r. Luce Professor of American Culture and Public Policy at Northwestern University, defines censure, as oppose to censorship. Wills also strives to persuade the reader that censure, the open expression of moral disapproval, can strongly and effectively hold certain ideas up for critical analysis without suppressing them or hindering the rights protected by the First Amendment of the U.S. Constitution, as toleration or censorship does. Wills supports this claim with the use of factual evidence, authorative testimony, and rhetorical questions. Wills uses factual evidence to back his declarations. In the first paragraph of his essay, Wills strives to introduce examples of censorship against censure to the reader. He does this with accounts of several different instances in which censure has been used. He speaks of feminists joining â€Å"reactionaries to denounce pornography.† He narrates of how the rock musician Frank Zappa accused Tipper Gore, the wife of Al Gore, of launching an â€Å"conspiracy to exhort† when she asked that sexually explicit materials be labeled with warnings and of how Penthouse magazine charges Terry Rakolta, a house wife who withdrew her support from the sitcom, â€Å"Married†¦With Children,† with â€Å" yelling fire in a crowded theater.† Further along in â€Å"In Praise of Censure,† Wills makes an assertion concerning the First Amendment, â€Å"Belief in the First Amendment does not pre-empt other beliefs, making one eunuch to the interplay of opinions. It is a distortion to turn ‘You can express any views’ into the proposition ‘I don’t care what views you express.’ If liberals keep equating equality with approval, they will be repeatedly forced into weak positions.† To verify his contention, Wills goes to the situation in which an art gallery had cancelled an exhibit of the photographer, Robert Maplethorpe, because th...

Wednesday, November 6, 2019

Holophrases in Language Acquisition

Holophrases in Language Acquisition A holophrase is a single word (such as OK) that is used to express a complete, meaningful thought. In studies of  language acquisition, the term holophrase refers more specifically to  an utterance produced by a child in which a single word expresses the type of meaning typically conveyed in adult speech by an entire sentence. Adjective: holophrastic. Rowe and Levine note that some holophrases are utterances that are more than one word, but are perceived by children as one word: I love you, thank you, Jingle Bells, there it is (A Concise Introduction to Linguistics, 2015). Holophrases in Language Acquisition [A]round six months children begin babbling and eventually imitating the linguistic sounds they hear in the immediate environment. . . . By the end of the first year, the first true words emerge (mama, dada, etc.). In the 1960s, the psycholinguist Martin Braine (1963, 1971) noticed that these single words gradually embodied the communicative functions of entire phrases: e.g. the childs word dada could mean Where is daddy? I want daddy, etc. according to situation. He called them holophrastic, or one-word, utterances. In situations of normal upbringing, holophrases reveal that a vast amount of neuro-physiological and conceptual development has taken place in the child by the end of the first year of life. During the holophrastic stage, in fact, children can name objects, express actions or the desire to carry out actions, and transmit emotional states rather effectively. (M. Danesi, Second Language Teaching. Springer, 2003) Many of childrens early  holophrases are  relatively idiosyncratic and their uses can change and evolve over time in a somewhat unstable manner. . . . In addition, however, some of childrens holophrases are a bit more conventional and stable. . . . In English, most beginning language learners acquire a number of so-called relational words such as more, gone, up, down, on, and off, presumably because adults use these words in salient ways to talk about salient events (Bloom, Tinker, and Margulis, 1993; McCune, 1992). Many of these words are verb particles in adult English, so the child at some point must learn to talk about the same events with phrasal verbs such as pick up, get down, put on, and take off. (Michael Tomasello,  Constructing a Language: A Usage-Based Theory of Language Acquisition. Harvard University Press, 2003) Problems and Qualifications The problem of the holophrase [is] that we have no clear evidence that the child intends more than he can express at the one-word stage. (J. De Villiers and P. De Villiers, Language Acquisition. Harvard University Press, 1979)The single word in conjunction with the gestures and facial expressions is the equivalent of the whole sentence. By this account, the single word is not a holophrase, but one element in a complex of communications that includes nonverbal actions. (M. Cole et al., The Development of Children. Macmillan, 2004) Holophrases in Adult Language Holophrases are  of course a significant factor in modern adult language, for example, in idioms. But by and large, these have historical compositional origins (including by and large). In any specific example, words came first, then the composition, then the holophrase . . .. (Jerry R. Hobbs, The Origin and Evolution of Language: A Plausible Strong-AI Account.)

Sunday, November 3, 2019

Managing the United Kingdom Health Service Essay

Managing the United Kingdom Health Service - Essay Example This has been totally missing from the management at NHS. Management is can be defined both as art and science. It is the art of bringing out efficiency of people and making them more effective than they would have been with you. There are four basic pillars: plan, organize, direct, and monitor. The basic role of a manager is to make the staff more effective. Making them do work more efficiently than they are doing presently. If you add value to your staff's work, you are a successful manager. However, in NHS, managers are mere implementers who have no active decision making power. They merely implement the rules and regulations dictated by the Government. There is no way that they can add value to their or their staff's work. The managers at NHS feel that their role is unrecognised by patients, colleagues, the public and the government. Managers at NHS have less autonomy and less involvement in key decision making than their staff assume. And they are subjected to increasing control. Without a plan you will never succeed. If you happen to make it to the goal, it will have been by luck or chance and is not repeatable. You may make it as a flash-in-the-pan, an overnight sensation, but you will never have the record of accomplishment of accomplishments of which success is made. This important element of effective management is missing at NHS. Infact the organisation lacks serious planning and focus. As a result, the quality of services has been detortiating and ultimately the managers are planned by both government as well as public for inefficient services even though they have no power to run the organisation with a vision of their own. A study reveal that the notion of management had become divorced from clinical practice, even though many managers were doctors or nurses who had taken on the role to try to make a difference. To them, what was now called management was just an extension of the profession. Organize Organising and priortising work to ensure smooth, timely as well as quality deliveries and services form the core of good management. The lack of proper management results in poor organisation and prioritisation of work at NHS. Direct Directing your subordinates not as you are directing them but as if you are guiding them how to perform their specific job role. I like to think of this part like conducting an orchestra. Everyone in the orchestra has the music in front of them. They know which section is playing which piece and when. Now you need only to tap the podium lightly with your

Friday, November 1, 2019

Do you believe tht the incresing power of dvertising tht these uthors Essay

Do you believe tht the incresing power of dvertising tht these uthors points to is hrmful to mericn culture - Essay Example widely red nd generlly pprecited nlysis of mening in dvertisements is discussed by Glori Steinem where she wlks the reder through gllery of dvertisements nd discusses their ideologicl content. Her own criticl perspective is informed by vriety of theorists, including Ferdinnd de Sussure, Krl Mrx, Louis lthusser, Rymond Willims, Sigmund Freud, nd Jcques Lcn. Steinem's pedgogic objective is to tech the nive reder how to interpret dvertisements long the lines of these theorists, nd mny reders do find tht their criticl bilities re gretly developed by pplying Steinem's theories: dvertisements lose whtever simple qulities they my hve hd nd become insted texts bout production nd consumption in the consumer society, bout the plce of commodities in socil life, nd bout the cretion of needs to service n economic system tht must sell wht hs been produced. In ddition to teching the interprettion of dvertisements, Steinem explins how dvertising constructs the ideologicl principles tht re embedded in it. For exmple, mny dvertisements borrow ides from externl sources ("referent systems") such s culturl history or concepts of nture. In the process of ppropriting, reworking, nd using them, dvertising trnsforms the borrowed ides. The dvertisements for Virgini Slims cigrettes, which frequently refer to the history of women's, struggle for socil nd economic equlity in meric, illustrte this process. Selected events from this struggle re retold nd edited in selected wys, nd progress is depicted s contemporry women's hving gined the right to smoke. Similrly, hundreds of products tht proclim their "nturl" qulities re in relity highly ltered through complex mnufcturing processes. Instnces like these, Steinem clims, illustrte the construction of ideology through dvertisements. The resulting distortions over the long run lter our understndings of th e originl ides tht were borrowed nd (mis)used within dvertising. Steinem's pproch to the interprettion of dvertisements is founded on her gol of trnsforming the reder's skills. She does not tret s problemtic tht uninstructed reders mke whtever sense they do of the thousnds of dvertisements populting their dily lives. Neither does she tke ny gret interest in how the copywriters who produced the dvertisements thought bout their work. Insted, she ssumes tht nive reder's filure to see the issues she uncovers is flse consciousness of their mening, flseness on which dvertising depends to do its work. The pproch hinges fundmentlly on Steinem's own skill in pplying the vrious theoreticl perspectives to the dvertisements. From the outset she bedzzles the reder by observing detils nd ptterns in dvertisements tht ordinrily slip by n udience. She repetedly points out the contrdictions between wht dvertisements seem to sy nd wht they relly men ccording to the vrious perspectives. lthough Steinem considers dvertising's udience nive, she does not ssume tht its members re merely receivers of pckged messges tht emnte from dvertisers. Rther, she rgues, the udience is implicted in the production of mening, collbortion tht dvertising continully invites: [] crucil feture of these odds nd ends of thought used by ds is tht they do not exist "independently" but in our thought: it is we, s subjects, who re ppeled to s providers of these