Essay on The Holocaust The Concentration Camps - 1484 Words

Holocaust is the most terrible human action in the history. It absolutely marks the ending of the previous mentality of human-beings. Therefore, a new round of discovery of evilness of human nature has been established. Best uncovering the truth of Holocaust will help prevent the furthur destuction of humanism, which is the most important mission of the society after World War II. There are many sources of Holocaust trying to best uncover the truth, such as the inhabitant’s experience of the immediate suffering in the camp, fragment memories from the survivors. However, only the analyzations with critical sights of these horrible actions will appeal for just humanitarian attentions to the most extent. Inhabitant’s experience of the†¦show more content†¦The Night is absolute a wonderful book of accounting the experience which happened in the Nazi death camp, perhaps, it is one of thoese few books which got published. It uncovers the horrible shocking memory of evil and carries it with unerasable mesagge. I remember when I was reading the book, I could hardly read during some dark nights, all of the bloody scenes would terrify me from falling asleep. The Dark Side of the Moon is another book with exceptional detail on the sufferings of Poles during Holocaust. â€Å"Very many of these people were carriers of disease. Enormous numbers of them were children; and for the most part orphans.... The conditions of the deportations, with their epidemics, loss of life, monstrous sufferings, privation and disease of all kinds, were now being reproduced in reverse, and on a still more gigantic scale(215 Zajdlerowa). Trying to imagine some reports from other survivors which did not get published, all the bloody scenes in the reports will absolutely add more burdens to the readers which causes a negative effect of spreading the truth of Holocasut. Therefore straight inhabitant’s experience of the immediate suffering in the camp fails to inspire people who have passions and are sympathized to the tragedy. Fragment memories from the survivors to some extent are not accessable or reliable. Firstly, the survivors who are able to recall their memories are not the ones who suffered the most.Show MoreRelatedThe Holocaust Of The Concentration Camp2097 Words   |  9 Pagesdeserve to be treated that way. The holocaust started in January 30, 1933. The president during the time was Adolf Hitler Chancellor of Germany. In march 20, 1933 an officers opened the Dachau concentration camp outside of Munich. The camp was help for people like jews to be tortured and it wasn t any good thing about the concentration camp. The Dachau concentration camp was the first regular concentration camp established by the National Socialist government. This camp was located on the grounds ofRead MoreThe Effects Of Concentration Camps On The Holocaust931 Words   |  4 PagesSam Gaglias English I Mrs. Novik 14 October 2014 Summer camps are fun, but Concentration Camps aren’t History is like a huge puzzle. People can keep find missing pieces to the story as they learn more about it. The Holocaust was one of those moments in history that has lead our minds to curiosity about why such a thing would occur at some point in time. For example, concentration camps. Concentration camps are one of those moments in history that make people’s jaws drop because of how flabbergastedRead MoreEssay on Concentration Camps and The Holocaust647 Words   |  3 PagesThe Holocaust was a horrifing event where many innocent humans were hopelesslt slaughtered in concentration camps or just shot. Thats why we study about the Holocaust, so it doesnt happen again. It started with Hitler. Hitler was a solider in the first World War and was injuredmultiple times in combat. When Germany lost the war, Hitler was enraged because he put himself in the face of danger and was injured for his country and they lost. This event combined with some childhood events was the startRead More Holocaust-concentration Camps Essay610 Words   |  3 Pages Concentration Camps nbsp;nbsp;nbsp;nbsp;nbsp;Concentration Camps were a big part of the Holocaust. My first topic is the concentration camp Dachau. Then I will talk about another concentration camp called Bergen-Belsen. After that, I will tell you about the concentration camp Treblinka. Finally, the last concentration I will talk about is Auschwitz-Birkenau. Describing these camps will inform you that concentration camps were a huge part of the Holocaust. nbsp;nbsp;nbsp;nbsp;nbsp;DachauRead MoreThe Concentration Camps During The Holocaust1516 Words   |  7 PagesEleven million people died during the Holocaust of these eleven million people 2.4 million died from medical experiments conducted by German forces. These experiments were conducted mainly for three reasons. The first of which was to help the Germans gain knowledge that would help them better understand things that would have been viewed as threats or weaknesses to their military (Holocaust Museum). For example the Germans knew little of hypothermia and the weather located on the eastern front,Read MoreConcentration Camps During The Holocaust1675 Words   |  7 PagesImagine being pried away from your family. Not only that, but being left at the concentration camps, knowing that you are about to face the dreaded word â€Å"death†. Concentration camps broke people’s hearts and changed them forever. They had to encounter many terrifying and petrifying medical e xperiments. Alongside that, the so called â€Å"concentration camps† were basically almost becoming, or were, actual death camps. The things that they had to endure were heartbreaking and agonizing. They were starvedRead MoreThe Concentration Camps During The Holocaust1508 Words   |  7 PagesThe concept of conducting camps used to incarcerate, degrade and essentially murder millions of innocent people who were deemed ‘unsuitable’ would be barbaric, nonsensical and deranged to nearly any person. But what was truly intriguing was the fact that these camps were at a point in time supported and encouraged by many. The formation of these camps known as â€Å"Concentration Camps† were notorious for being one of the most unnerving events in not only WWII, but even world history. The treatment thatRead MoreThe Holocaust Of The Nazi Concentration And Death Camps939 Words   |  4 Pages Holocaust survivors give great insight to the realities of what the life w as like within the gates of the Nazi concentration and death camps. Not to say that the research of historians, writers, and professors does not provide pivotal information to the study of the Holocaust; but their research provides secondary sources and accounts. Primary sources for historic moments allows a reader to get into the mind and psyche of the writer who is sharing his or hers experiences. The ability to becomeRead MoreConditions of the Concentration Camps During the Holocaust Essay1077 Words   |  5 Pagesand forcing them into concentration camps all across Europe, Hitler and his Nazi advocates began one of the most destructive and horrifying genocides in history, known today as the Holocaust. Only after being introduced to the conditions of these concentration camps, the hatred and abuse put towards the Jewish, and the gruesome lifestyle they were trapped into living can one understand why the Holocaust affected so many as it did. What exactly were the conditions of th ese camps, and how did a few luckyRead MoreThe Holocaust The holocaust was the genocide of Jews and disabled humans in concentration camps600 Words   |  3 PagesThe Holocaust The holocaust was the genocide of Jews and disabled humans in concentration camps during World War 2. The Nazi’s were a political party that started with a few men who wanted to see the rise of Germany. 1933, Adolf Hitler became the Chancellor of Germany when the party was elected. Hitler and his party and the philosophy that Germans were a superior race and all other ethnic groups were not. They blamed the Jews and the disabled for the trouble that Germany had after World War 1. Therefore

Health and Social Unit 1 P2 Level 2 Free Essays

Unit 1 p2 health and social Visual impairment A visual impairment is when a person’s sense of sight is completely gone and the change is irreversible. However this can also mean someone is partially sighted, where their sight may be blurred or only able to see out of one eye. A visual impairment can be caused by age illness or incident; it prevents the patient being able to recognise people by face, body and other visual elements. We will write a custom essay sample on Health and Social Unit 1 P2 Level 2 or any similar topic only for you Order Now To overcome tis barrier glasses may be worn in some partial sighted cases, and a form of written communication called braille may be used. Braille is created by making indentations in materials patterned to represent letters without actually outlining the shape of the letter. A variety of people may need to communicate with the partially sighted patients. Some examples of these are: * Health care assistants * Service users * Dentists * Opticians * Physiotherapist * Social worker * Relatives * Friends * Occupational therapist All of these individuals are challenged by te barrier and have to use certain aids and procedures in order to communicate with the patient efficiently and effectively. Some examples of these are: * Braille * Presentation/convocation with descriptive speech * Physical examples to feel English as a second language. A patient which has English as a second language or isn’t very fluent in the language can be hard to communicate with. This prevents communication with a patient unless aids are used. Some examples of these are: * Interpreter Translations * Visual aids * Hand, body and face expressions or movements These aids are used by the following: * Health care assistants * Service users (residents) * Dentist * Optician * Doctor * Physiotherapist * Social worker * Occupational therapist Friends and relatives would not be included in this category because they would more than likely speak the same language. For both barriers any issues, impairments etc. should be written down in a patients notes. Staff in the establishment should be trained in how to use the necessary aids. How to cite Health and Social Unit 1 P2 Level 2, Essay examples

Music Piracy free essay sample

In the 21st century, many changes have been made to digital media. One such media that has experienced an extreme change is music. It is no longer just a type of media that Is made by singers and bought by consumers, but It is now part of the dark, scary side of the Internet. There are even journal article authors who have written about music piracy. Music is the most widely pirated media in the world today. From singles to albums to recording demos, music of all genres Is ripped and released into the music piracy scene (Craig, Honing, and Burnett 174). These authors illustrate how big music piracy has become. Currently, in the world of music Industries, music piracy Is taking over the money business and leaving musicians financially unstable; this instability is the reason for convincing music pirates to stop downloading music, illegally, off the Internet by coming up with different solutions to the Issue of piracy. The solutions consist of finding other websites where music downloading can be done at a reasonable price, taking legal action if necessary, and coming up with hi-tech development that could stop pirates from downloading.People may be wondering what exactly music pirates are defined as. According to Amy Wither, they are normal, everyday people who download music illegally off the Internet (2). Music piracy has been occurring for a long time, as long as the sasss where music was conventionally regarded as lying beyond the purview of copyright altogether, so publishers sold unauthorized reprints freely (Johns 67). Later, though, big companies started to form in the world. Shawn Fanning, a college student, created the Anapest Company online. ND once It was established, everyone started to use Anapest in college and it spread around quickly becoming the new website to use and download music from (Wade 10). Anyone can do the downloading through Anapest and many people participate. Also, music piracy Is definitely not an untouched topic. There have been law cases against certain Internet companies that allow music sharing to occur. For example, Matt Richter discusses in the New York Times article that the company Fanning started (Anapest) was part of a court case against The Recording Industry Association of America.The court had ordered the industry and company to get along by allowing Anapest to copyright certain music that the recording Industry approved and, of course, for a price. Anapest failed to eave the music approved and only caused the court case to become bigger. Finally, the Judge ordered Anapest to stop swapping copyrighted music that the recording company owned. Even though all of these controversies occurred, Anapest and music piracy, in general, still believe they are doing no harm to the music industry and that they are actually benefiting the sales and profits.In an article titled Securities Price Effects of Anapest-Related Events, there is a phrase that reads the evidence indicates that events that threatened Anapests survival resulted in decreases in the stock prices of the music firms (Navies 167). Even though Anapest believed they were beneficial, It turns out they brought nothing but harm to the stock market. It was actually beneficial that Anapest was shut down. The court case is just one of the many issues Anapest has been through. It was a part of eleven court cases toys companies are still up and running, though, and there is not going to be a stop to piracy Just because one company has been shut down. It will keep on occurring until a stop is put to the companies. As the years have been going by, music sharing and downloading has been increasing and less people seem to care about it now. There ere once many news articles and online articles that discussed music piracy during the early sasss, but it has seemed to die down now. There has not been much talk on the issue.One reason why less people care about the music piracy issue is because the recording industries, themselves, have stopped trying to ban the illegal downloading. Also, there are a multitude of people that do this downloading; therefore, it is Just difficult to stop every single person from downloading music online. Since the people of the music industries and the pirates have stopped caring, other actions will have to be taken. In order to stop piracy from continuing, music pirates must completely stop the illegal downloading or technological protection strategies (Chug, Hung-Change et. L 723) must be taken on. As mentioned before, legal actions have been taken to stop the illegal purchasing, but the legal actions were only successful up too certain point. Certain technological advances could help, though, in stopping piracy. These advances consist of watermarks on Cads (Craig 175), blocking music piracy sites, and putting music into secure areas of the Internet to where one can only access the music with a small fee. All of these strategies seem relevant enough to work, but no one will ever know unless they are put into action. Music piracy has become the next big issue and measures must be put down to stop it. Music pirates have yet to realize the real dangers behind this illegal downloading. The people do not realize that music artists are being affected, financially, by their downloading and music industries are losing billions of dollars with a decrease in CD sales. When music industries first started to grow, there were only one to two companies that were part of the industry. Now, the industry as a hole is composed of five major companies that make over 14 billion yearly (Abortionist 10).These companies make good money, and the start of downloading and sharing has only ruined it. According to Alexandra Center, there is about 9 percent of the total population that download music every day. Also, the regular users that download the music also share the music to people who do not download as much. Because of this downloading and sharing, there has been a drop in music sales by 2. 7 percent making music industries lose billions. When it comes to music artists, they already have a hard time making money through recording impasses and music pirates do not make it easier.The statistics say that The costs of recording an album can easily reach several hundred thousand dollars, so an artist can only expect to earn royalties from an album if it sells over 500,000 copies (Abortionist 11). People may believe that artists are financially successful, but, in reality, they make barely any money. According to Janis Ian, a famous music artist, if were not songwriters, and not hugely successful commercially (as in platinum plus), we [recording artists] dont make a dime off our recordings (CTD. N Abortionist 12). Imagine how much recording artists would make if piracy took over completely.These artists would basically make zero money if they were not the least bit successful or had only been in the music business for a few years. Now, artists are Zimmermann men that were making good money off of selling pirated music in Botswana finally have their house broken into by famous music artists and they ended up confiscating all the pirated music (Legroom). Violence has even become a part of stopping piracy; therefore, music pirates do not know what may be coming to hem. Although there may be many other alternatives to piracy, some music pirates may not want to stop pirating at all.There are many opposing views in discontinuing music downloading or music file sharing. The views consist of music pirates not Anatine to drive to a store to buy a CD; in other words, they would want to do something that is more convenient for them. Also, most music pirates do not want to pay for the music. According to Cultures of Music Piracy, Making a single CD costs record companies well under $1 (Vogel, 2001: 162), students feel that CDC are overpriced, especially when it turns out there are only a couple of good songs on the album (CTD. In Condor 20).Even though it may look cheap if a CD only costs one dollar for it to be made and put into stores, the price of the CD afterwards is high and Nat the consumers have to pay is that high price. If anything free is available at hand, they would rather take that than purchase it. Music pirates, also, Just do not care that their downloading is affecting music artists. Music artists, famous celebrities who do not have much personal interaction with the common folk, are not ere important to the pirates and, therefore, do not care to take their music illegally.All of these opposing views seem reasonable on why music pirates do not want to purchase the music. There are solutions to all of these views, though. For example, hen it comes to music pirates wanting convenience in obtaining their music, they can easily purchase music at home on the Internet. There is absolutely no need for anyone to leave his or her own home and go to a store to buy a CD. Money is also a ere big issue in buying music, but that issue can be reasonable solved, too. There re many other websites that have packages put together for purchasing a certain amount of music. Rhapsody, a legal downloading music website, has a 14 day trial for anyone who is interested in signing up with them and, after the sign-up, it is either lust one dollar per track or $12. 99 per month for unlimited downloading :www. Rhapsody. Com). That deal is a very reasonable price and the website has broken down the payments in a way that is convenient for anyone. There are also many other websites out there who are willing to help anyone that needs financial assistance with his or her music purchases. For example, Limier is also another online company that allows anyone to become a member of his or her website and purchase music. Usually there are free membership trials if no one wants to obtain the full program. Since this option is available, people save money by not becoming full member of the program, but they would still have to purchase the music. It is a total of $34. 95 to acquire the full program of Limier (beta. Limier. Com). That price is a lot of money that can be saved if one Just signs up for the free membership. Also, there has even been a start to a certain number of students who seed to be pirates and now have taken measures to stop piracy.According to Elise Ackerman in her article titled Student Gets around Program to Prevent Music Piracy, Princeton University graduate named John Hildebrand actually installed a device Into a certain CD he owned that can stop anyone from copying that CD. He has even to it, the software was still made and put into certain computers to where no one can copy music from his or her CDC. Since this student came up with a way to prevent piracy, anyone has the capability to stop pirating and becoming like this man who reed stopped piracy.Even though music pirates can conveniently purchase music at home (even purchase it at a reasonable price) or even come up with software to prevent piracy, some music pirates could actually Just not care at all about how their downloading is affecting the careers of musicians. Music pirates do not realize, though, that if they ke ep on pirating, soon enough music artists will be out of the Job and there will be no more music made for the pirates to download illegally. Music pirates will have no more music to listen to and there will be no more artists in the industry. Several music artists that have been close to experiencing this scenario are all over programs online such as Limier, Anapest, Rhapsody, and etc. Anyone that may seem to be doing well in the music industry such as Taylor Swift, Jessie McCarty, and Akin all end up on these piracy sites and they are gradually losing money every second one of their singles are being downloaded (Center 64). Soon enough all these famous artists will have no more money to produce more music and the music industry will come crashing down.There are no benefits in either of the tuitions where music pirates are stubborn in stopping piracy and, at the same time, music artists are losing money. It is better if the music pirates Just stop pirating all together. Therefore, music artists do not go bankrupt and are available to make more music for the pleasure of listening. Everyone benefits if this solution comes true. Now, what if music pirates still do not care that a certain number of artists lose their Jobs since there are many artists in the industry? What are music pirates going to do if all the music artists make their music only accessible to Tunes or Junes?There is no way one can obtain music for free if all the music is put into these types of services. Therefore, again, it is for the best if piracy is put a stop to otherwise, one day, all the music made by all the music artists will be only a part of services like Tunes and then there will be no music by music artists available for pirates to listen to. Only way they can is if they start buying music. Music piracy has many ways of being stopped and music pirates would be able to see this now. Music piracy, a big Issue among the entire world, has been ruining music industries for decades, now, ND leaving most music artists with no money.These results are the very reason on NH music piracy needs to be put a stop to either by legal action, technological software, or by the music pirates themselves. Piracy has become a big issue and certain actions have been taken to stop pirates from continuing their downloading, but these certain actions have not seemed to have worked at all. Music pirates, however, have been given a sufficient amount of reasons on why piracy needs to be put to a stop to, and if these reasons stop the whole piracy issue, there will be a Nor filled with no piracy and music artists will be financially stable again.

The above statement and discuss its accuracy in relation to airspace and subterranean space Essay Example

The above statement and discuss its accuracy in relation to airspace and subterranean space Essay The law concerning airspace and subterranean space appears to be exceptionally complex and to an extent even outdated. Sir William James attempt to clarify the law using the Latin maxim cuis est solum eius est usque ad coelum et ad inferos1 seems to have created even more legal uncertainty and appears to have done more harm than good. The maxim is now subject to vast exceptions as well as having been denounced by contemporary legal commentators and even senior judges. This essay will explore the accuracy of Sir William James judgement; it will also question the argument that the maxim is still considered the ordinary rule of law2 and will look at how modern land law has gone about dealing with the legal confusion caused by this judgement, focusing primarily on airspace and subterranean space. Firstly, in order to explain the above statement, it may be beneficial to look closely at the facts of the case in which the judgement was made (Corbett v Hill 1870)3. In brief, the case concerned the trespass of land where the claimant failed in attempting to seek an injunction to stop the defendant building a room over-looking the claimants property. After citing the maxim as being the ordinary rule of law4, Sir James admitted its exceptional level of legal ambiguity and even conceded that no doubt, [the maxim] is frequently rebutted5, especially in regards to property in towns [by] other adjoining tenements6. We will write a custom essay sample on The above statement and discuss its accuracy in relation to airspace and subterranean space specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The above statement and discuss its accuracy in relation to airspace and subterranean space specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The above statement and discuss its accuracy in relation to airspace and subterranean space specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Thus, in relation to the accuracy of the statement, one must appreciate the case is from the 19th century; during a time when technology had not progressed as much as it has today and accordingly airborne methods of transport had not yet been invented. This meant trespassing through the higher levels of airspace would not have been an issue and consequently, detailed legislation regarding the law of airspace may not have been considered necessary at the time. Hence, it may be argued that Sir William James simply cited the maxim with the intention of it serving merely as a rough direction of law but, unaware of the rapid advancement of technology within the 21st century, and so the inventions of aeroplanes and other methods of aerial transport have subsequently required clarification within the law of airspace and have demonstrated the impracticality of applying the maxim in modern times. Inevitably, the judgement has caused vast legal uncertainty and for this reason has been at the centre of immense criticism from both legal commentators7 as well as even senior judges. The suggestion that a land owner has complete control of everything up to the sky and down to the centre of the earth is not only practically unrealistic, but also, theoretically delusional which has resulted in Sprankling8 dismissing the maxim as merely a poetic hyperbole9 suggesting its over-dramatic implications regarding a landowners rights in airspace and subterranean land. This criticism is supported by Lord Wilberforce who has openly criticized the maxims feasibility as being sweeping, unscientific and impractical10. Furthermore, its implication that land is only measureable on a two-dimensional level (in terms of its physical structure) is an argument that has been strongly dismissed by Gray and Gray (2009)11 who claim that portions of a land may be owned by several different owners and thus claim that a transfer of a merely two-dimensional plot of land would have little meaning and even less utility12. They argue that a third dimension of land should have been recognised within the maxim and should now be explicitly acknowledged by the courts as they believe it can exist as as an independent unit of real property13. Gray and Gray (2009) further criticise the maxim for being virtually worthless suggesting it holds very little, if any, legal value in the modern legal system. Hence, these strong dismissals and denunciations of the maxim by senior academics and legal professionals may be argued as representing the modern attitude towards it; suggesting its significance in modern land law is not as much as it was when cited in the 19th century or at the time of its creation. Inevitably, as a result of the vast legal ambiguity and immense criticism that the judgement has faced, a major attempt to rectify the confusion regarding airspace finally came about with the establishment of the terms the lower stratum and the upper stratum. Although these terms appeared to contradict the maxim, they created a groundbreaking change in the law of airspace by splitting airspace into two categories. The lower stratum is that which was necessary for the landowners reasonable enjoyment. In Bernstein14 it was held that determining the requirement of reasonable enjoyment15 is dependent on the type, height and size of the property. Whereas, the upper stratum is that which is above the height which is reasonably necessary for the ordinary enjoyment16. In Bernstein17, Griffiths J also stated that a landowner has no greater rights in the upper stratum than any other member of the public. This is also identically reflected with the obiter dicta of Lord Brown in Bocardo SA (2010)18 where he stated that the air is a public highway19 and if that was not true then every transcontinental flight would subject the operator to countless trespass suits. 20 Both statements appear to be valid and rational as there can be no private ownership of airspace which is entitled to the public. However, both of these statements appeared to be expressly undermined in Kelsen (1957)21 where it was held that the placing of an advertisement banner on (the upper stratum of) another persons land, although did not interfere with the defendants reasonable enjoyment, yet still constituted a trespass. This judgement can be criticised on the basis that it appears to overtly contradict the basic judgement in Bernstein and the consequently conventional principle that the upper stratum is open for the use of the public and that the landowner has no greater rights to it over any other public. However, in Liaqat v Majid22, Silber J justly diverged from the judgement in Kelsen23 and rightfully re-emphasized the principle established in Bernstein24 stating where the interference of land was at a height that did not interfere with the claimants airspace25 then it does not constitute a trespass. This principle was further re-emphasized in Manitoba and Air Canada (1978)26 in which the state of Manitoba argued that goods being sold on an aeroplane flying over Manitoba could be subjected to domestic taxing. Prima facie, it appears that if the maxim is applied retrospectively then technically Manitoba argument should be accepted, however, the maxim was again dismissed by the court and the claim failed as they emphasized the judgement in Bernstein27 that there can be no ownership of the upper stratum. The inaccuracy of the maxim is further demonstrated by the enactment of The Civil Aviation Act (1982)28. Section 76(1)29 discusses grounds for trespass30 and nuisance31 stating that no action can arise if an aircraft is flying over a property, providing it has shown consideration to the wind, weather and so long as all circumstances of the case [are] reasonable. The wording of this statute appears to be as equally ambiguous as the maxim itself in the sense that it leads to the question how would a mere bystander or a reasonable man know if an aircraft has had taken the wind and the weather into consideration and that all the circumstances of his flight are reasonable before establishing if his/her airspace had been trespassed?. Although there are exceptions for aeroplanes landing and taking off, the general rule stated in the Rules of the Air (Amendment) Regulations 200532 is that it is not permissible for an aircraft to fly any closer than 500 feet to any person, vessel, vehicle or structure. 33 Both statues have considerably clarified the confusion regarding invasion of airspace and have further demonstrated the inaccuracy of Sir James statement. Additionally, Gray and Gray (2009)34 further go on to emphasise the importance of remedies for trespass in modern land law. In particular, the rise in privacy laws such as Article 8(i) of the European Convention on Human Rights35, which give landowners the right to respect of his private and family life, his home and his correspondence36, have also had a big impact on modern land law. The question that subsequently arises is how does the law protect a landowner from invasion of his airspace or violation of his convention rights? The answer to this is damages are available on the grounds of trespass37 or nuisance38. It should be noted that trespass does not have to include damage to the property and can simply be interfering or crossing over onto another property without lawful consent. This is demonstrated in Lewvest Ltd (1982)39 where the court held that construction cranes which operated over the upper stratum40 of the claimants property constituted a trespass and thus, the defendants were required to pay damages. Prima facie, this judgement can be criticised on the basis that there was no direct or indirect damage to the claimants property as the claimant did not even suffer any physical loss but it was merely the defendant attempting to make use and benefit out of the claimants airspace. Consequently it may also be argued that the cranes were being operated on the upper stratum of the claimants property as it was out of the level of that which was necessary for the claimants reasonable enjoyment41 and so under the Bernstein principle that there is no ownership of the higher stratum. On the other hand, one can understand why the courts came about this judgement. In particular, the flood gates argument comes to mind in that, if the court held that large construction companies were able to use machinery over nearby property without facing any legal charges, this would cause an enormous influx of cases on the grounds of both trespass and nuisance. Hence, with the benefit of hindsight it appears that the judgement was valid. Similarly, there has been a substantial attempt to clarify the meaning, scope and invasion of the lower stratum through the aid of subsequent case law. Everyday scenarios such as cutting off your neighbours overhanging branches have been declared lawful however, after cutting the branches off they must be returned to the neighbour (Lemon v Webb)42. Subsequently, taking the fruits off the branch either for personal benefit or to sell them on has been declared unlawful (Mills v Brooker)43. It may be argued that all these judgements (regarding both the upper and lower stratum) have drastically moulded the modern law of airspace in an attempt to adapt to the lifestyle of the 21st century; in particular acknowledging the development of technology and airborne methods of transport. However, there still seems to be some unanswered questions which remain; for example, if a child playing football accidently kicks the ball over the fence does that encompass trespass? Alternatively, if youre next door neighbours pet comes into your garden and eats the food youve left for your pet does that include trespass? Likewise, the decision in Lemmon and Webb (date)44 appears to answer the obvious question regarding over-hanging branches, but fails to explicitly recognise or answer the somewhat un-obvious questions. For example, if someone puts their hand across the garden fence to try and cut a tree belonging to them but over-reaches onto their neighbours side of the garden; does this constitute trespass? Although, these are mere policy arguments and are not as common as the cases cited above, these scenarios should be taken into consideration by the courts and clarified before possible future cases arise and thus avert them from causing even more confusion regarding airspace. In relation to subterranean land, the maxim has caused just as much legal uncertainty and confusion as it has in regards to airspace. Although, it is certainly true in stating that a land owner has rights to land under the soil, however, the suggestion that these rights go down to the centre of the earth is equally as misleading as the suggestion his rights go up to the sky. The general rule regarding subterranean land, in particular treasure, is that if an item found fits under the definition of treasure (as defined in the Treasure Act 1996)45 then it automatically belongs to the crown. Under this definition, treasure is any object at least 300 years old with a metallic content of which at least 10% is precious metal. Subsequent case law has determined that, minerals, treasures and other inorganic substances which are found underneath the grounds of the owner all belong to landowner46. However there are exceptions regarding coal47 which has not been worked on and petroleum48; both of which belong to the Coal Authority and the Crown respectively. Gray and Gray (2009) further state that the landowner has no absolute title to the water that flows through his/her land whether it is through a channel or river. Although, in Embrey (1851) it was declared that the landowner has the right to reasonably enjoy the flow of water, however, this was later amended in John Young Co [1893] where it was held that this right only exists providing that the flow of water or its purity is not diminished for others to use. Likewise, in Fothringham (1984)49 it was held that the landowner has the right to fish in the water flowing through his land as far as he can reach by normal casting or spinning50. This was later strengthened and clarified in Nicholls[1936]51 where it was held that the landowner has the right to the fish once he/she catches and kills them they then become his/her property. As subterranean land is included within a landowners property, it is therefore possible to constitute trespass through the subterranean zone; the area beneath the land which is owned by the landowner. Subsequent case law has demonstrated various ways in which trespass of the subterranean zone have occurred including trespass via entry to a cave as demonstrated in Edwards (1930)52 or alternatively by installing sewage and draining pipe underneath the owners land without lawful consent or authorisation from the landowner as was the case in Roberts (2001). 53 Consequently, before identifying if there can be a possible claim of adverse possession, there are certain statutory and common law requirements which need to be fulfilled. These statutory requirements are listed within the Limitation Act (1980)54 which state that no action can be brought by a landowner in an attempt to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims. The right of action is perceived as having accrued once a landowner has been dispossessed of his land or has discontinued use of it. In terms of airspace it is both practically and legally impossible for adverse possession of the higher stratum. This is because the higher stratum has been identified as being open for the use of the public55. Likewise, in terms of adverse possession of subterranean land, though it appears theoretically and to some extent lawfully possible however, it appears impractical and unfeasible. Moreover, in regards to classifying landowners subterranean rights including that of adverse possession, legal commentator Dr Jean Howel56 suggests that the same test that has been applied by Griffiths J in Bernstein57 should also be applied to identify ownership of subterranean land. This argument appears to be supported by the Supreme Court in Bocardo SA v Star where the court reduced damages in regards to subterranean trespass. They did so on the grounds that the defendants actions occasioned no harm whatsoever to the land and more importantly it did not interfere with Bocardos [the claimants] use or enjoyment of its land58. This judgement appears to be sensible and makes a substantial attempt to clarify the law regarding subterranean land by referencing the reasonable enjoyment of land principle established in Bernstein. However, although the principle seems to be an established precedent, it may be criticised for lacking practicality in regards to how it can be applied to subterranean land. The biggest problem being how would one classify what is reasonably necessary for enjoyment in terms of land under the ground? It is not as easy as classifying the lower and upper stratum of airspace as subterranean land is not as widely used as airspace. Hence, if Howels theory is applied, the courts will have the complex task in overtly establishing how far below the soil a landowner has rights to; with consideration to Gray and Gray (2009) who suggest that it is unlikely to be much further than 200 metres below the surface59. Furthermore, one must clearly comprehend and differentiate the fact that Spranklings commentary in Owning the Centre of the Earth60 and opinions therein reflect his thoughts on American land law which, although can be compared to Britain in some respects, cannot be applied wholly or generalised entirely to British land law .

The KMT vs. The CCP essays

The KMT vs. The CCP essays The conflict of the Kuomintang(KMT) and the CCP(Chinese Communist Party) became obvious when the leader of the KMT died in August of 1925. This death caused the initial overthrow of Wang Jingwei and finally Chiang Kai-shek. Even before Chiang gained power, however, he had oppressed the CCP by arresting many of the leading Communists in the KMT. When he took over a struggle for the superlative form of government became apparent. The outcome, however, is one with much dispute. Why did the Communist regimes defeat the more equipped and better-aided Kuomintang? I would have to argue that it was mostly the fault of Chiang Kai-shek and the corruption of the KMT. In the following I will give the reasons to support this statement. Firstly, under the control of Chiang, the KMT did not have a very well organized or loyal administration. When the KMT was taking control over the warlord-controlled territories of China, instead of appointing the KMT's officials to oversee his conquered territories, Chiang allied the warlord armies and gave them control without significantly changing the underlying structure of their system. This led to become a very insecure form of government to which Chiang could not trust nor rely on to shape his 'nationalist' ideals. Furthermore, the moment Chiang was out of the warlords' sight, they would go back to being warlords. It was almost a mock-defeat, with Chiang forced to return to these territories to regain his control and weaken his subordinates. Also, Chiang mad no distinction to exactly what form of government he would like to see implemented. While the goal was democracy, the KMT believed that China was not ready for such a system. Or was it Chiang who did not believe that China was ready for this... The second mistake the KMT made is one of disassociation with the masses. Chiang and the KMT made no effort to identify or even communicate with the Chinese people the principles of his system o...

Peter Abelard - Philosopher and Teacher

Peter Abelard - Philosopher and Teacher Peter Abelard was also known as: Pierre Abà ©lard; also spelled Abeillard, Abailard, Abaelardus, and Abelardus, among other variations Peter Abelard was known for: his significant contributions to Scholasticism, his great ability as a teacher and writer, and his infamous love affair with his student, Heloise. Occupations: MonasticPhilosopher TheologianTeacherWriter Places of Residence and Influence: France Important Dates: Died: April 21, 1142 Quotation from Peter Abelard: This first key of wisdom is defined, of course, as assiduous or frequent questioning. Sic et Non, translated by W. J. Lewis More Quotations by Peter Abelard About Peter Abelard: Abelard was the son of a knight, and he gave up his inheritance to study philosophy, particularly logic; he would become renowned for his brilliant use of dialectics. He attended many different schools seeking knowledge from a variety of teachers, and often came into conflict with them because he was so headstrong and certain of his own brilliance. (The fact that he really was brilliant didnt help matters.) By 1114 Peter Abelard was teaching in Paris, where he met and tutored Heloise and became a notable figure of the twelfth-century Renaissance. As a philosopher, Peter Abelard is well-remembered for his solution to the problem of universals (definitive qualities of any given class of things): he maintained that language itself cannot determine the reality of things, but that physics must do so. He also wrote poetry, which was very well received, and established several schools. In addition to these scholarly efforts, Abelard wrote a letter to a friend, which has come down to us as the Historia Calamitatum (Story of My Misfortunes). Together with letters written to him by Heloise, it provides a great deal of information about Abelards personal life. Peter Abelards affair with Heloise (whom he had married) came to an abrupt end when her uncle, wrongly believing Abelard was forcing her to become a nun, sent thugs to his house to castrate him. The scholar hid his shame by becoming a monk, and his philosophical focus shifted from logic to theology. Abelards subsequent career was extremely rocky; he was even condemned as a heretic at one point, and the work the Church deemed heretical was burned. Because Abelard was so cocksure, applied logic so ruthlessly to matters of faith, criticized anything he found worthy of contempt and frequently insulted fellow clerics, he was not well-loved by his contemporaries. However, even his harshest critics had to concede that Peter Abelard was one of the greatest thinkers and teachers of his time. For more about Peter Abelard, his relationship with Heloise, and the events that followed, visit  A Medieval Love Story.   More Peter Abelard Resources: A Medieval Love StoryOnline Text of Abelards Historia CalamitatumQuotations by Peter AbelardAbelard and Heloise Picture GalleryPeter Abelard on the WebAbelard Heloise on FilmThe link below will take you to an online store, where you can find more information about the film. This is provided as a convenience to you; neither Melissa Snell nor About is responsible for any purchases you make through this link. Stealing HeavenBased on the fictional novel by Marion Meade, this 1989 film was directed by Clive Donner and stars Derek de Lint and Kim Thomson. The text of this document is copyright  ©2000-2015 Melissa Snell. You may download or print this document for personal or school use, as long as the URL below is included. Permission is not granted  to reproduce this document on another website. For publication permission,  please   contact  Melissa Snell. The URL for this document is:http://historymedren.about.com/od/awho/p/who_abelard.htm

Models of Decision Making Essay Example | Topics and Well Written Essays - 500 words - 2

Models of Decision Making - Essay Example Although, the offshore firm was willing to do revisions, there were issues of quality control, language barrier, distance and timing to contend with. Maybe it was partly because it was the first time we use outsourcing service, but the foray was certainly disastrous. In line with the normative model, I have tried the outsourcing initiative with the idea that I am doing whatever yields the best consequences for the company in the future. I have asked myself several times, if by outsourcing I am displaying some form of personal bias and have found that maybe I am, in an effort to cut cost for the current year. I was working now on descriptive model grounds. It never occurred to me to dig deeper on this area in the course of my judgment. If after identifying this bias, I could have tried to correct it by analyzing further what others would have done and by doing some research in order to be objective with my decision. This would have been the prescriptive decision making model and I have missed to comprehensively use it. When I decided to outsource service, it was a decision in the area of the normative model as I am concerned with cost-cutting and the profit for my company. However, when I arrived at the decision of choosing an Indian firm to outsource our database revision, I was working within the descriptive decision making model. Prescriptive model would have required me to explore the judgment, beliefs and preferences of decision makers in relation to issues before them (Rios 1994, p. 25) and would lead me to choose a better outsourcing destination or simply hire an additional staff to work on the database in-house. According to Grunig and Kuhn (2005 p. 8), a decision can be approached: 1) purely intuitively, 2) through routine recourse to procedures used in the past, 3) by adopting unquestioningly the suggestions of experts, 4) by choosing at random or 5) by systematic rational thought supported