In Nature Of Politics, We Have Read And Gone Over Many

In Nature of Politics, we have read and gone over many pieces of literature ranging from Machiavelli’s The Prince, which focuses on the art of maintained and failed principalities, to the Federalist papers’ rational defense of the United States constitution and pluralistic decentralization of government to Dostoevsky’s idea of â€Å"miracle, mystery, and authority† that is framed by the Grand Inquisitor detailed, albeit somewhat twisted, thinking and so on. From these readings, one is taught to grasp these many distinct views to help form a familiar, though rapidly shifting, image of politics and therefore can easily recognize similarities between the ideologies that is provided in these texts. For example, in Dostoevsky s writing, the Grand†¦show more content†¦In terms of miracle and mystery, the Grand Inquisitor criticizes Christ for not erasing blind faith by casting himself down from heaven since â€Å"the angels shall hold him up lest he fa ll and bruise himself, and Thou [man] shalt know then whether Thou art the Son of God.† By not doing this, Christ left his listless masses susceptible to opportunistic people like the Grand Inquisitor or, like Machiavelli had mentioned, religious leaders, or, in more broad terms, leaders that claim divine rights who will, in turn, utilize the â€Å"mystery† surrounding the existence of Christ and therefore God to enslave and unify the already weak masses. Dostoevsky wrote that â€Å"the beast [man] will crawl to us and lick our feet [Grand Inquisitor’s and those of similar strand] and splatter them with tears of blood from their eyes. And we shall sit upon the beast and raise the cup, and on it will be written mystery. [...] only then, the reign of peace and happiness will come for men. Meaning that they, the Grand Inquisitor and the such, will make man fearful and ‘happy,’ and will deceive them with promise of rewards of heaven if need be to ensur e that they remain compliant; compliance also being a vital concept for Machiavelli. Machiavelli, in The Prince, wrote in the multiple chapters, like I previously stated, the art of maintaining principalities. In his detailings, he establishes a theme of compliancy. Compliancy being something that mustShow MoreRelatedOrigins Of Law And Politics1414 Words   |  6 Pageslaw and politics. In the United States, our laws can be traced back to the English common law. There are many tenants of English common law that are still applicable today, such as many of the torts doctrines. However, since 1788, the United States has operated under our current constitution. In that constitution they divided the power of the government and gave the legislative power to the legislative branch, and to keep the Judiciary as a wholly separate branch. So this means that we have one creatingRead MoreEssay Human Nature And The Declaration Of Independence1629 Words   |  7 Pages Human Nature and the Declaration of Independence nbsp;nbsp;nbsp;nbsp;nbsp; I would like to show that the view of human nature that is shown in The Declaration of Independence is taken more from the Bible and that that view is in disagreement with two of the three esays given in class. The Biblical perspective of man is that he was created by a divine Creator with a specific plan in mind and made in the image of his Creator. Men are entitled to the pursuit of happiness but also requiredRead MoreDescartes, Hobbes, and Pascal Essay examples1033 Words   |  5 PagesDescartes, Hobbes, and Pascal During the 17th and 18th century, religion, religious beliefs and most of all the religious leaders played a very influential role in the direction of politics. This was also a time when religion and politics played a large role in the direction of what was accepted as a result of the new discoveries in the natural sciences and in a time when there were some very influential writers, philosophers, scientists and mathematicians. At the time, these people wereRead MoreThe Personality Trait Of Love1598 Words   |  7 Pagesmaking there be no love the the society anymore.Mildred, the wife of the main character Montag, shows no love for her husband, just like everyone in the society, †Ã¢â‚¬â„¢When did we meet. 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We must not encourage the apathetic attitude that is creeping in on our young people today because our nation will end up with a population that has opinions

Essay on DNA in the Forensic Science Community - 1500 Words

This paper explores deoxyribonucleic acid (DNA) collection and its relationship to solving crimes. The collection of DNA is one of the most important steps in identifying a suspect in a crime. DNA evidence can either convict or exonerate an individual of a crime. Furthermore, the accuracy of forensic identification of evidence has the possibility of leaving biased effects on a juror (Carrell, Krauss, Liberman, Miethe, 2008). This paper examines Carrells et al’s research along with three other research articles to review how DNA is collected, the effects that is has on a juror and the pros and cons of DNA collection in the Forensic Science and Criminal Justice community. Keywords: deoxyribonucleic acid, United States†¦show more content†¦This paper examines Carrell et al’s research along with three other scholarly research articles to better understand the effects that the DNA recovered from a crime scene has on a particular case and the forensic science co mmunity. In McClure, Weisburd and Wilson (2008) summary article arguing that in addition to bench science, field experimentation involving forensic methods is key to assess the utility of various methods to solve crimes. The study reflected that there is a need for more research into many aspects of forensic science, criticizing the strength of scientific evidence that’s collected at a crime scene and interpretations of most forensic methods while omitting DNA testing. McClure et al’s (2008) explains that in sexual cases and homicides, the presence of DNA evidence actually increased the likelihood of prosecution and a conviction. According to the article â€Å"†¦the case of convictions, the odds-ratio for the presence of DNA evidence was 33.1 for sexual offenses and 23.1 for homicides† (McClure et al., 2008). Subsequently, the research shows that there was a consistent gradual decline in the national homicide rates that began in the 1900s and continued through into the 21st century. The decline of homicides in the US has dropped by from more than 90% in the 1960s to 62% in 2003. Even though this significant drop has occurred during the introduction of the new DNA testingShow MoreRelatedForensic Science : A Forensic Scientist1648 Words   |  7 PagesIntroduction Topic: Forensic Science In general, a forensic scientist’s job provides an objective, scientific analysis to discover the truth and use that truth in legal proceedings. Forensic scientists take items of evidence collected from crime scenes and determine their relevance to the case by examining and analyzing the evidence. There are various types of forensic scientists that specialize in specific examinations and analysis of different types of evidence. Eventually forensic scientists willRead MoreDNA Profiling Essay example1376 Words   |  6 PagesOJ Simpson to Chandra Levy, DNA profiling also called DNA fingerprinting or DNA typing has played a major role in the criminal justice system. The law enforcement community uses DNA profiling to rule out or identify suspects. Unlike hair microscopy, bite mark comparisons, shoe print comparisons, and firearm tool mark analysis, DNA typing has been developed through massive scientific research and has undergone meticulous scientific evaluation (Innocenc e Project). DNA is a foolproof method of identifyingRead MoreThe American Court System And Dna1014 Words   |  5 PagesThe American Court System and DNA Will the use of forensic DNA in the courts be the equalizer for the wrongly convicted? Per the National Registry of Exonerations, there have been 1,916 exonerations in the United States since 1989 (â€Å"National Registry of Exonerations,† n.d.). Barry Scheck and The Innocence Project have been instrumental in facilitating the exoneration process by presenting forensic DNA evidence to American courtrooms. 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Personal Narrative Essay - My Family - 1001 Words

Personal Narrative Essay: Dianna Belous A few months ago, at family prayer my grandfather was having trouble with his leg and he was limping. My uncle decided to ask if we wanted to pray for him. All the kids got around my grandpa, and we put our hands on him and we prayed about his leg. When he got up his leg was still bugging him. After prayer my grandparents went home and went to bed. The next week, my grandma told us that after we prayed last week, they went home and went to bed, but the next morning he was walking perfectly, without a limp. That was one of the blessings that my family experienced this past year. The Spiritual discipline that has been most helpful in establishing my relationship with God is both worship and prayer. I have already made prayer a part of my life. Every Tuesday my family gets together and we have a family prayer. This includes my whole extended family. we all get together and we pray. We pray about our family, our church, the kids, the youth, and everyone s separate families. It has had a great impact on my life. We started this family prayer thing a year ago. We began it the first or second week of the year. This year with these family prayers and just in general getting together with the family and praying a worshiping together has been such a blessing. First because we are so much closer as a family. Our cousins, at least the older ones, almost always go out and hang out after prayer. Some of the people i never even really talked toShow MoreRelatedPersonal Narrative Traumatic Events in My Family Essay594 Words   |  3 PagesPersonal Narrative Traumatic Event s in My Family The time came for her to be delivered. She gave birth to her first born son, wrapped him in swaddling clothes and laid him in the manger, because there was no room for them in the inn. 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Contributory Negligence and Breach of Contract

Question: Discuss about the Contributory Negligence and Breach of Contract. Answer: Introduction: The law of negligence aims to grant compensation to the plaintiff who has suffered injuries because of the wrongful acts/omissions by the defendant and the defences which can be used by the defendant to secure his position. As per the facts of the case, Anna is the aggrieved/plaintiff and she must prove the elements of the law of negligence against the Trevor who is the defaulter/defendant in order to attain relief for the injuries that are sustained by her. Anna has to prove that Trevor is duty bound to provide care to her which was breached causing harm to her. Whereas, Trevor can prove that Anna has also contributed to her own loss and thus can reduce his quantum of liabilities. Legal principles and its application If Anna has to prove that the injuries caused to her are because of Trevor, then, she has to prove that there is duty of care upon Trevor. In Donoghue v Stevenson (1932) the law of negligence was established for the first time. There were three basic elements which need to be proved to hold the defendant negligent in his actions (Langridge v Levy (1837). The same are duty of care, breach and damages. The duty of care is the duty which every defendant must follow while doing any act/omission. The duty signifies that when the defendant is carrying or not carrying any activity, then, no damage should be caused to the plaintiff (Bryan v Maloney(1995). (P Latimer, 2012) But, the duty of care can only be imposed provided the defendant can foresee the affects of his actions, that is, the affect which can be reasonably foreseeable by the defendant. If the defendant cannot reasonably foresee the impact, then, there is no duty of care (Burnie Port Authority v General Jones [1994]) (Norman, 2004). Also, the law will only impose the duty provided the acts are hampering the interest of those plaintiffs who are connected with the defendant (Grant v The Australian Knitting Mills[1935]. There must be presence of neighbourhood amid the parties so that the acts of the defendant are hampering the interest of the plaintiff directly. (C Witting, 2007) Now, there is a duty of care that can be imposed upon Trevor. This is because there is presence of reasonable forseeability and the principle of neighbourhood. Trevor takes the walking trip on the day light knowing the fact that if the trip is conducted during night then there are chances of injuries that might take place. Thus, he can foresee the impact if this duty is not performed carefully. Also, Anna is one of the walkers on the trip. Thus, whatever acts/guidance that is provided by Trevor will affect Anna directly. There is connectivity amid both Anna and Trevor. So, there is the presence of proximity and neighbourhood principle. So, in such situation, Trevor must take such actions or non actions so that no injury is caused to his walkers because of him. Breach of Duty of care The defendant in all situations must comply with the duty of care that is imposed upon him, that is, he must act in such a manner is that his actions does not hamper any plaintiff who is his neighbour and for all those actions the impact of which he can reasonably foresee. But when the duty of care that is imposed upon the defendant is not fully catered by him, then, there is breach of such duty of care. But, a duty if care is only considered to be violated when the level of care that is expected from the defendant is not met and he short falls from the level of care that is expected from him (Lagunas Nitrate Co v Lagunas Nitrate Syndicate Ltd (1899). The situations are different and so does the level of care, but, whatever may be the situation, the level of care provided by the defendant must achieve the standard that is expected from him Introvigne v. Commonwealth (1982). For instance, if the degree/gravity of harm that might incur from the acts of the defendant is very high then the level of care that is expected from the defendant should also be very high (Paris v Stepney Borough Council[1950]. Likewise, if the defendant is aware that the plaintiff is a child, then, the level of care should be much high when compared with what is given when the plaintiff is a normal person. So, there are various factors that influence the level or standard of care that is required in a y given si tuation, such as, the factors includes, the age of the plaintiff, education, illness, metal condition, etc. Now, in the given situation, the facts reveal that Trevor operates day walking touring service as there were chances of accidents and injuries sustained by walkers when the tours were conducted during night. These walking tours were very easy going and Trevor takes a group of 6 people mainly for bird watching and allied activities. Trevor after understanding from his past experience is aware that the trip should be carried out in day light as any trip in the night has invited injuries. He tried to provide adequate protections to the walkers by informing them that all the walkers must wear sensible shoes and walking. He also made sure that the walkers are supplied with sandwiches and water. All these actions of Trevor may presume that the duty of care that is imposed upon Trevor are complies by him. But, the answer is No. Anna was one of the walkers but has faced injuries during the trip. This is because there was breach of duty of care on the part of Trevor. The level of care that is provided by Trevor is not up to the mark and is considered to be breached. This is because during the mid of the trip Trevor left the walkers alone in search of the new location knowing the fact that if the trekking is carried out in night then there are chances that injuries might be sustained by the walkers. He is aware of this fact because injuries have incurred before when the trip was carried out during night. The walkers have to return alone causing unnecessary hazards to them and Anna. Thus, the level of care is not achieved. He must have made sure that the trip has returned during day light. He must also make sure that no wine consumption should give taken during the trip. But, this duty was also breached as Anna has consumed the win during the trip. Thus, the level of care that is expected from Trevor is not met by him resulting in breach of duty of care. When the duty of care that is imposed upon the defendant is not met by him, then, in order to hold him negligent in his actions it is necessary that there must be injuries that are sustained by him (Carter V Walker(2010). It is only when the injuries are caused to the plaintiff that results in making the defendant negligent in his actions. (McKendrik Liu, 2015) But, the defendant is considered to be negligent only when the injury that is caused to the plaintiff is because of the actions of the defendant. There must be cause and effect relationship amid the actions of the defendant and the injuries that are sustained by the plaintiff. Thus, there is principle of causation that must be complying with, that is, the injuries that are caused to the plaintiff is because of the actions of the defendant. Also, the injuries that are caused to the plaintiff are of such a nature which are not too remote and must have been incurred because of the acts if the defendant. If the injuries are of such nature that they cannot be predicted reasonably or if the injuries are too remote which cannot be reasonably anticipated by the parties, then, there cannot be any negligence that is incurred by the defendant. In the given situation, because of the breach of duty of care by the Trevor, injuries are caused to the Anna. She stumbles down a hill side and resulted in causing her knee injured. Trevor is aware that if he does not bring back the group on time, that is, during day time because there were accidents that took place when the trekking was carried out during night, then there are chances of injuries that might be incurred to the trekkers. Thus, the injury that is caused to Anna is reasonably anticipated by Trevor and still no due action or care was provided by him. Also, the injuries are because of the breach of duty by Trevor, thus, there is presence of causation. Thus, damages have resulted because of the negligent act of the Trevor. So, there is duty of care upon Trevor which is violated by him causing him harm to Anna. So, Trevor is negligent in his actions. But, a defence is available to Trevor which he can use to reduce his liabilities. The defence of contributory negligence simply states that whenever the plaintiff is also negligent in his acts along with the acts of the defendant and it is not the defendant abalone who has caused the injury to the plaintiff, then, the defendant can take the defence of contributory negligence and can prove that it is plaintiff who has also contributed to his own loss along with the acts of the defendant (Vairy v Wyong Shire Council (2005) and thus the defendant alone should not be allowed to imposed with the liability and his liability should be reduced to the level of negligence caused by the plaintiffs actions. (A Freilich, 2000) Now, it is settled that Trevor was negligent in his actions and must provide compensation to the injuries that are sustained by Anna. However, he can take the defence of contributory negligence. It can be proved that the loss that is caused to Anna is not because of the acts of Trevor alone, rather, the loss that is caused to Anna is also because of her own contribution. Anna was directed by Trevor that she should wear sensible shoes and clothing. However, during the mid of the walk, she removed her runner shoes and wore heals which is one of the reasons of her fall. Also, during the walk, she consumed wine which made her restless and not fit for the walk. All these incidences have resulted in causing her to fall and sustain inquires. Thus, Trevor can take the defence of contributory negligence. Now, Anna can sue Trevor under the law of negligence and sue for damages and compensation for the losses that are incurred to her because of the breach of duty on the part of Trevor. But, Trevor is not liable for all the losses that are sustained by Anna. Trevor will only provide remedy for the loss that is caused to Anna because of his negligence and not for those liabilities which are incurred because of the acts of Anna herself. He can reduce his liability by taking the defence of contributory negligence. But, Trevor is not responsible for the loss of income which has resulted because Anna closed down her cafe. The closing down of cafe is not within the predictable damages and thus Trevor is not liable for the same. Guidance to Trevor and Anna It is suggested that Anna can prove in court that Trevor owns a duty of care against her which is not complied by him causing her injuries. Thus, she can prove that Trevor is negligent in his actions. But, Trevor can also prove that the loss that is caused to Anna is not solely because of his actions and that Anna has also contributed to her own loss by wearing heals and consuming wine. So, he can reduce his liabilities accordingly. Also, Trevor is not responsible to the loss of income from closing down of cafe as it is the loss which is too remote for Trevor to predict. Reference List A Freilich (2000) Contributory Negligence and Breach of Contract: The Implications of Astley v Austrust Ltd. Vol 29. C Witting, Tort Law, Policy and the High Court of Australia" [2007] MelbULawRw 23. McKendrik Liu (2015) Contract Law: Australian Edition. Palgrave Macmillan. Norman K, Who then in law is my neighbour?" - Reverting to First Principles in the High Court of Australia (2004). The Tort Law Review 12(2):pp. 85-97. P Latimer (2012) Australian Business law, CCH Australia Limited. Bryan v Maloney(1995). Burnie Port Authority v General Jones [1994] HCA 13. Carter V Walker(2010). Donohue v Stevenson (1932). Grant v The Australian Knitting Mills[1935] UKPC 2 Gala v Preston (1991). Introvigne v. Commonwealth (1981-1982) 150 CLR 258 Langridge v Levy (1837). Lagunas Nitrate Co v Lagunas Nitrate Syndicate Ltd (1899). Paris v Stepney Borough Council[1950]. Vairy v Wyong Shire Council (2005).