Legal History Essay Example | Topics and Well Written Essays - 2000 words

Legal History - Essay Example The law is no longer a fabric of clearly-defined spectrums, but is rather a patchwork quilt of various shades of gray. This framework is important in that it stimulates self-interrogation. It does away with the all-too-convenient givens of a legal system - that there is but one set of "correct" rules and that legal decisions are but logical outcomes of tested principles that are empirically-replicable. This is perhaps the best frame to undertake as we wade through the murky waters of legal history - navigating through Roman and anglo-saxon law; and moving towards and studying the various subtopics such as criminal law and justice, tort and restitution law, and gender law. Roman law is the legal system of ancient Rome, covering more than one thousand years from the twelve tables to the Corpus Juris Civilis. Animated in large part by the great thinkers of its time, this provides ready example that the law is more a patchwork quilt of the evolving mindsets of the day, than a steady and solid rock. For example, the great thinker Cicero maintains that there was no distinction between that which was morally good and what was useful to man. To quote from Cicero, "Virtue is a habit of the mind, consistent with nature and moderation and reason." [Rhetorical Invention (bk. II, sc. LIII)] Much of this has been influenced by Platonic philosophy which is hinged on moral virtue as practiced by just rulers. As such, the concept of government and duty has underlain much of ancient law and has aided the people of the time in charting their destiny. The interface between law and literature and the arts provides insights into how legal history was shaped during the past. Much of the law was influenced by the cultural milieu of the time. To quote from Green (1929): It is generally understood that the plays of Plautus, based on Greek models and avowedly translations of Greek comedies, have been so adapted for presentation to a Roman audience that they present a mixture of Greek and Roman elements. But the extent to which materials of each kind are used has been the subject of considerable discussion rather wide disagreement. Especially is this true as to the legal questions involved in the questions presented. The law of restitution Another field of law which would demonstrate how the law indeed is borne of subjective experiences and interpretations, rather than fixed principles is the law on restitution. The road towards accepting free acceptance as an iron-clad principle in the law of restitution may appear tantalizing to some, but as many legal scholars have pointed out, it is a road fraught with many dangers. Indeed, even the larger fulcrum on which it rests - the broad concept of unjust enrichment - has been the source of vociferous disagreement. So murky are the waters that judicial acceptance of the concept through the years has been less than overwhelming. The farthest it has reached, according to Hedley (1995) is this: a considerable number of judges now recognize that there is an important subject called restitution and that in general terms, it concerns the removal of benefits that would otherwise unjustly enrich the defendant. It is not difficult to imagine that jurisprudence surrounding the much more limited principle of free acceptance is even narrower. To aspire for universality or even, less

Compare and contrast freud's psychodynamic conceptualisations and Essay

Compare and contrast freud's psychodynamic conceptualisations and Rogers' person centred and phenomenlogical conceptualisations - Essay Example Freud could be hated, criticised, but could never be ignored. Both had clinical theories, based on their own experiences, which were sound and contributing, and both theorists had well thought-out theories without any obvious loopholes and both their theories had very broad application possibilities. To some extent, the similarities end here. The difference comes in the simplicity and elegance of Roger’s theory and the difficult, exalted concept of Freud’s. This does not mean that Freud’s theory is inapplicable. Actually, it has remained more applicable than all the other psychoanalytic theories. But Roger simplified much of the theory and to a very large extent, humanised them. For Roger, the psychological disturbances and metal difficulties and deficiencies of a person are normal, because he thinks about mental problems in par with the physical problems and he says, in humans, it is expectable. He builds his entire theory on a single ‘force of life’ and calls it the man’s ‘actualizing tendency’. He thinks that every man has a built-in-motivation that could be either ignored or developed into its fullest possible potential. His concept says that apart from the survival instinct, man has the foremost desire to develop himself to the fullest potential, and whether he d oes so, or not, depends on the circumstances and will power, but definitely not due to lack of desire. He thought organisms, birds, animals, ecosystems have more possibilities of maximising and utlising their potential than the man and he called it organismic valuing with positive regard. All concepts theorised by Rogers were more person-centred more connected with person’s own experience and framework of reference as response to the obvious phenomenological functioning of the person. His focus is on the immediacy of client’s experience. He said â€Å"I do not minimise the importance of dealing with the past as it

Henrik Ibsens A Dolls House Essay Example for Free

Henrik Ibsens A Dolls House Essay The role, treatment, disadvantages, and sacrifices of women in their societies are vital themes in both Federico LOrcas The House Of Bernarda Alba and Henrik Ibsens A Dolls House. In Federico LOrcas The House Of Bernarda Alba, to start with, all characters that appear on stage are females, and men are merely talked about. In Ibsens A Dolls House the protagonist is Nora, a woman who gets treated by her husband as though she were a little girl. At the time when Federico LOrca and Henrik Ibsen wrote their plays, it was normal for women to get treated as anything but equal to men. Women were expected by men and by their society to do nothing more than stay at home, cook for their family, get children, and then take care of their children as well. Although Ibsen and LOrca wrote these plays several decades apart, since Ibsen wrote his play at the turn of the century in Norway and LOrca wrote his in 1930s Spain, the expectations of women were pretty much the same. It was not normal for women to receive an education, let alone a good one, and women were not allowed to vote. In A Dolls House there are three female characters: Nora, Mrs. Linde, and the maid working for Nora. All of these women have to sacrifice something and have disadvantages, simply because they are women. Every character in The House Of Bernarda Alba has to suffer because they are women. Spanish tradition in the 1930s forces them all to isolate themselves from the outer world for eight years of their lives. In The House Of Bernarda Alba, Bernarda Alba and all of her daughters have to mourn the death of their father. This is Spanish tradition, and so they all have to live in their house for eight years, completely isolated from the rest of society. They may only wear black, even in the scorching heat of southern Spain. This already shows how harshly women were treated. Bernarda Alba and her daughters are forced to isolate themselves from the outside world completely, whether they want to or not, because of tradition. The eight women are forced to give up eight years of their lives in which they may do nothing but mourn. Also, the fact that a woman has to kill her own child when she gets pregnant, and is then hunted down by the whole town and killed herself, shows how women were viewed and treated. Also, a woman could often not decide who she wanted to marry, and when a women got married it was often just nothing more than a business deal, and the feelings of the woman were completely ignored.

The Great Masculine Renunciation Essay -- French Revolution Fashion Cl

The Great Masculine Renunciation At the end of the 18th century there was one of the most significant events in the history of dress. Men gave up their right to all the bright, more elaborate, and more varied forms of clothing. They left all that to the women. Men abandoned their claim to be considered beautiful. They, instead, aimed at being useful in society. Those who have studied the situation all agree that the causes for these changes were primarily of political and social nature. The also believed that in their origin the causes were associated with the great social upheaval of the French Revolution. One of the purposes of decorative dress was to emphasize distinctions of rank and wealth. These distinctions, however, were among the chief of those that the French Revolution, with its slogan of "Liberty, Equality, Fraternity," aimed at abolishing. There were, particularly, two ways in which these new ideals tended to produce a simplification in the dress of the male sex. First, the idea of the brotherhood of man was obviously not going to work with clothing, which by their very nature, emphasized the differences in wealth and station between one man and another. The tendency to greater simplification was powerfully reinforced by a second aspect of the general change that the Revolution implied. Work had now become more respectable. A major example of such changes was the change in men's pants. Previously men's pants were lighter colors, and the pant... The Great Masculine Renunciation Essay -- French Revolution Fashion Cl The Great Masculine Renunciation At the end of the 18th century there was one of the most significant events in the history of dress. Men gave up their right to all the bright, more elaborate, and more varied forms of clothing. They left all that to the women. Men abandoned their claim to be considered beautiful. They, instead, aimed at being useful in society. Those who have studied the situation all agree that the causes for these changes were primarily of political and social nature. The also believed that in their origin the causes were associated with the great social upheaval of the French Revolution. One of the purposes of decorative dress was to emphasize distinctions of rank and wealth. These distinctions, however, were among the chief of those that the French Revolution, with its slogan of "Liberty, Equality, Fraternity," aimed at abolishing. There were, particularly, two ways in which these new ideals tended to produce a simplification in the dress of the male sex. First, the idea of the brotherhood of man was obviously not going to work with clothing, which by their very nature, emphasized the differences in wealth and station between one man and another. The tendency to greater simplification was powerfully reinforced by a second aspect of the general change that the Revolution implied. Work had now become more respectable. A major example of such changes was the change in men's pants. Previously men's pants were lighter colors, and the pant...

Corning Incorporated Essay

Corning Incorporated is an American manufacturer of glass, ceramic, and materials for the industrial and scientific applications. It was known as Corning Glass Works in 1875. Its strong commitment to innovation was known as the company’s roots. The company committed between four to six percent of its sales to Research, Development, and Engineering (RD&E). As of today, Corning has been primarily operating from Asia Pacific and North America in five market segments – Display Technologies, Environmental Technologies, Telecommunications, Life Sciences and Specialty Materials and two joint ventures – Dow Corning and Samsung Corning Precision Glass. The company had a history of science-based innovations following World War II and the strategy by management was research and â€Å"disruptive† and â€Å"on demand† product innovation. They have shown many strengths and weaknesses – strong industry recognition with a track record of successful innovatio n, focus on RD&E, diversified product portfolios and balanced revenue streams – narrowing market with intense competition and environmental regulations. With a strong passion for innovation, Corning has been creating many deep technological products to be used as material for other new application such as heat-resistant glass in 1908. In 1912, this product was being reused to develop the shatterproof lanterns for the railroad. Their products were first used for scientific purposes and later for consumer cook-ware products. By realizing the improvement in optical glassmaking, Corning had started to produce the television tubes project and it made the TV affordable to the consumers’ market during 1970s. However, this project considered a steep loss in profit and productivity because of the competition from Japanese imports. Corning went through many changes including lay-offs, selling or closing many plants in order to rebound. The following years, company made a partial recovery. In the late 1990s (the Telecom bubble), there were the unusual high demand for optical fiber in the market. Seeing it as the huge opportunity, the company expanded its originally developed optical fiber operations significantly, and heavily invested in production capacity. Its revenue jumped from $5 billion in 1999 to more than $7 billion in 2000. However, the  collapse in 2000 of the dot-com market had a major impact on the company. The telecom sales dropped to $1.6 billion from $5 billion within six months since July 2001. Once again, Corning had to go into the reorganization phase to dramatically reduce the costs. Since 1950 to 1980, the company introduced many advanced products from ceramic heating resistant shields and glass windshields for Apollo program to the use of fiber optic in telecommunication. In the late 1990s, the company profits increased tremendously during the dot-com boom. Corning From WWI and WWII, Corning developed many deep technological products such as high quality glass with consistent color which can make glass more viable material for new application.

Public Health Preventing Avoidable Injuries Essay

Public health is preventing, educating, revealing, communicating and researching in an effort to optimize the health of a community. Nurses play a critical role in public health by working to prevent avoidable injuries and accidents. Nurses educate the community by providing information to promote healthy behaviors and a healthier environment. Statistics and observations also play a critical role in public health by revealing health discrepancies in communities. Public health involves conducting research that guides best practices. According to the American Public Health Association, â€Å"Public health promotes and protects the health of people and the communities where they live, learn, work and play† (2016). Overall, public health is a commitment to improvement. A windshield survey is â€Å"observations of various components of the community, such as housing, open spaces, transportation, race, ethnicity, restaurants, and stores (Truglio-Londrigan Lewenson, 2013). Observations provide subjective knowledge of a neighborhood. The knowledge and data collected can provide guidance in areas of the neighborhood or community that need improvement and identify areas that promote health. A windshield survey provides information about a community’s determinant of health, or what is promoted and deterring health in the community. Once determinants of health are identified, that information can be used to prioritize community needs and promote action towards resolving those needs. SurveyShow MoreRelatedMedical Error1170 Words   |  5 PagesMedical Error: What the Public Should Know â€Å"For all of its strengths, our health care system still is plagued by avoidable errors.† -President Bill Clinton The issue of medical error is recognized as a very serious U.S. healthcare concern in terms of avoidable patient death and injury, achieving efficacious treatment, and in controlling the costs. The prevention of medical errors may seem to be a relatively simple task and with recent awareness, some improvements have been accomplished.Read MoreThe Falls Prevention Program Must Improve The Overall Quality Of Life For Older Adults1295 Words   |  6 Pages When individual ages it is inevitable, however falls can be avoidable when taking the correct precautions and safety modifications in ones home. Over the past few decades the lifespan of older individuals have increased. Nursing homes or assisted living facilities have been the answer for people who are less independent. However, some older adults remain in their homes and become the targets of falling. Falls are one of the leading causes of death in older adults 65 and older. Older individualsRead MorePublic Health And Social Healt h1027 Words   |  5 PagesPublic health may implore images of community medical clinics or awareness movements advocating healthy living, but the field is nowhere close to being restricted. Instead, public health professionals are engaged in everything from recognizing diseases to designing public policy to assisting refugees unite in new communities. Public health is a considerable part of our everyday lives because it focuses on promoting, protecting, and reestablishing population health. Public health previously shiftedRead MoreMotor Vehicle Safety Essays903 Words   |  4 Pagesunintentional injuries in the United States. In the year 2000 the National Highway Trafï ¬ c Safety Administration (NHTSA) estimated that around 41,000 people were killed in traffic accidents within the United States. This mortality rate has since dropped 25% from 2000 to 2009 (Rockett et al., 2012). There are many reasons for motor vehicle injuries, ranging from lack of seat belt use, elderly drive rs, alcohol and young children being improperly secured. All of these things factor into motor injuries differentlyRead MoreTaking a Look at Cataracts1127 Words   |  4 Pagesvisual disorder, cataract, by providing a definition of this condition and discussing the incidence and prevalence of this condition in Australia, India and Germany. It will also explore the treatment and prevention strategies as well as roles of two health professionals in providing these strategies. It is estimated over 285 million people worldwide are visually impaired with one of the major causes being cataract at 33% (figure 1A)(Pascolini Mariotti, 2012). Cataract is considered to be the leadingRead MorePersonal Statement : Personal Health And Wellness Essay1343 Words   |  6 PagesPHLS 150 Personal Health and Wellness Personal health and wellness are important factors towards life because without health, our quality of life would suffer greatly. There are many factors that contribute to health and wellness; some can be managed, but many are out of our control. Below are four main topic that caught my attention throughout the course. The first topic is preventing violence and injury. Violence is, â€Å"a set of behaviors that produces injuries, as well as the outcomesRead MoreThe Banning Of Youth Football1405 Words   |  6 Pagesmany people do not consider the inherent dangers the sport poses. When considering these dangers, it is quite easy to support the idea that public youth football teams should be banned. Tackle football acts as a vessel for kids to express their aggression, it predisposes them to many avoidable injuries, and it has the potential to affect their mental health. ​When people conjure up the image of the typical American football player, the image of a kid wearing a letterman jacket with the school logoRead MoreThe Final Revision Of Healthcare1630 Words   |  7 Pagesproblems financially. Just by preventing the HAI’s, the healthcare industry can save from $25.0 billion to $31.5 billion of medical costs each year (Scott, 2009). The occurrence rate of HAIs among the developed countries is lower compared to the occurrence rate in developing countries. The World Health Organization (WHO, n.d.) says that, â€Å"of every 100 hospitalized patients at any given time, 7 in developed and 10 in developing countries will acquire at least one health care-associated infection†. TheRead MoreLobbying and Politics Essay1236 Words   |  5 Pagesspending, while not increasing taxes or the government, it is able to use debt in order to operate. Although this helps in the short time-period, the long-term affects can negatively affect the country. Throughout the national and state governments, public institutions like schools have been receiving decreased funding, particularly if their services are geared towards those who have no lobbying presence (Sager, 2012). This makes sense, as corporations who use lobbyists wouldn’t let their services beRead MoreNurse And Health Care Worker Protection Act Of 2015 Essay39 46 Words   |  16 PagesAnalysis of H.R. 4266: Nurse and Health Care Worker Protection Act of 2015 The following paper will introduce the house bill number 4266 titled Nurse and Health Care Worker Protection Act of 2015. This bill attempts to lessen nurse injuries by investing in safe patient handling and mobilization technologies and education programs. This paper will provide a background on the bill. Next, the bill will be summarized and analyzed using Malone’s (2005) framework. The paper will next discuss ethical considerations

Cultural Relativism, By Lila Abu Lughod - 1359 Words

Cultural relativism is the view that we should seek to understand other cultures within their own context, rather than through the biased understanding of our own cultural beliefs. When Americans see Bedouin women wearing veils, they are likely to view this practice in the context of their own culture and see it purely as an act of male oppression—an idea that would be very confounding and offensive to Bedouin women themselves. To say that, in the future, Bedouin women might â€Å"be free to not be veiled† undermines Bedouin culture because it fundamentally misunderstands the practice of veiling, speaking about it in an American context rather than a Bedouin context. So in order to understand the practice of veiling, we must think in terms of†¦show more content†¦The Bedouin believe that showing these things to others is a form of exposure. For this reason, they value extreme modesty, and find sexuality to be very shameful. Because they can bear children, women are directly tied to ideas of fertility, which is both valued and looked down upon in Bedouin life. Because of menstruation, which cannot be controlled, a woman cannot ever fully have ‘agl. This is one part of why women in Bedouin culture are considered inferior to men. Another concept at the core of Bedouin ethics, which is linked to aá ¹ £l in some ways, is kinship. Bedouin people have an ideology of very strong, natural, unbreakable bonds of blood, especially through agnates (those in the same male bloodline). The concept of kinship is not restricted to blood, but also extends to those who live together, sharing a type of temporary bond. Loyalty to friends and family is very important to the Bedouin, and so the concept of kinship ties directly back into their sense of honor. Within Bedouin culture, directly connected to the concept of kin, is a complex hierarchical social structure of superiors and dependents. It is true that Bedouin men are generally dominant over Bedouin women, but for the Bedouin the concept of authority is derived from moral worthiness. If someone is deserving of authority, they are also considered honorable (which is not to say that this is always theShow MoreRelatedUnder the Desguise of a Passageway to Happiness: Assimiliation779 Words   |  3 Pagescrucial for all people. Ahmed’s article can also be related to Lila Abu Lughod’s article about â€Å"Do Muslim Women Really Need Saving? Anthropological Reflections on Cultural Relativism and Its Others.† In Abu Lughod’s article, Westerners use the excuse of liberating Muslim women from terrorists, to assimilate them into the Western culture (786). While Ahmed challenges the British’s arrogant need to assimilate Indians into their culture, Abu Lughod does the same in her article by exposing that Muslim womenRead MoreThe Brown Eyed / Blue Eyed Experiment980 Words   |  4 Pagesthemselves further susceptible to being repressed and mistreated. 3. Cultural relativism occurs when an individual believes that his or hers beliefs and traditions should be understood by other persons or cultures based on that individual s values and perceptions. In Abu-Lughod s essay, the author investigates whether the American intervention in Afghanistan is a proper way to liberate and free Afghan women from being oppressed. Abu-Lughod compares some of the aspects of the mission in Afghanistan toRead More`` It s All On The Family : Intersections Of Gender, Race, And Nation1185 Words   |  5 PagesI’m left to wonder if we’ve taken the same approach in regards to feminist ideals. It seems today, feminism’s mantra is that all women are equal, but Western women are still somehow superior. Lila Abu- Lughod’s piece titled â€Å"Do Muslim Women Really Need Saving? Anthropological Reflections on Cultural Relativism and Its Others† intrigued me due to its title asking a question which at one point (at least for me) had an obvious response. To see if the answer to this was truly palpable, I decided to askRead MorePersepolis : The Story Of A Childhood1654 Words   |  7 PagesThanks to her slightly alternative lifestyle, she is able to reconstruct gender norms that society has set by depicting the different ways women resist them. â€Å"Do Muslim Women Really Need Saving? Anthropological Reflections on Cultural Relativism and Its Others† by Lila Abu-Lughod is an essay detailing the misconceptions surrounding the veil. Through this essay we can see how colonial feminism, the form of feminism in which western women push for a western way of living on their third world counterpartsRead MoreDo Muslim Women Really Need Saving?7400 Words   |  30 PagesDo M uslim Women Really Need Saving? Anthropological Reflections on Cultural Relativism and Its Others Author(s): Lila Abu-Lughod Reviewed work(s): Source: American Anthropologist, New Series, Vol. 104, No. 3 (Sep., 2002), pp. 783-790 Published by: Blackwell Publishing on behalf of the American Anthropological Association Stable URL: http://www.jstor.org/stable/3567256 . Accessed: 18/01/2012 15:55 Your use of the JSTOR archive indicates your acceptance of the Terms Conditions of Use, available atRead MoreAnthà ­a Muà ±oz April 23, 2014 WMST 3100-001 Final Exam IV: Feminist scholarship extensively2200 Words   |  9 Pagesnot be limited to western ideals of liberation. Discourse, Power and Resistance Embedded in intricate systems of privilege and oppression, we are both subjects and agents of social control. As institutional forces construct and maintain social-cultural hierarchies in which power relations inevitably structure an individuals interpretation of not only their environment but also their self-identity. These power relations exercised through discourse, enacted through social institutions (i.e., education