Policy Corruption in New Orleans before and after Hurricane Katrina Essay

Strategy Corruption in New Orleans when Hurricane Katrina - Essay Example In any case, this may not generally remain constant. For some explanation, there are nations in which those piece of the law requirement office are poor or uncouth at their specific employment, however are progressively worried of seeking after their own personal matters instead of to serve and to secure. Obviously, the most natural arrangement is show them out of the power, however even this doesn't generally happen †frequently on the grounds that the higher-ups stay uninformed, or more terrible, are themselves complicit in such ethically sketchy acts. While no law implementation organization can ever be portrayed as flawless †not least in light of the fact that every one will have at any rate a couple of inadequacies or issue regions to adjust its qualities †there are those that go as far as possible in the other outrageous, not simply neglecting to authorize and maintain lawfulness yet even effectively sabotaging it. In such a case, the purported law masters become minimal more than goons in uniform, threatening people in general in a way much the same as the hoodlums they should chase down. Shockingly, even nowadays, there are law authorization offices which can be suitably depicted in such a way. One of the more scandalous models in late memory is the New Orleans Police Force, which was shaken by all way of issues, for example, debasement and police mercilessness in the wake of Hurricane Katrina. This paper is along these lines planned as a gander at the defilement that shook the NOPD to its establishments in the quick consequence of the cataclysm, ideally so as to make inferences about how best to keep such an outrage from repeating later on. NOPD †The Corruption As noted in the New York Times by Treaster and Newman (2005), the fallout of Hurricane Katrina saw the main part of the police power devoted to mounting salvage endeavors everywhere throughout the city. Sadly, this additionally implied they wound up choosing to disregard the e ntrepreneurs who picked that second to enhance themselves at the expense of the casualties of the calamity. In actuality, the inaction of the police power to these violations brought about lawbreakers getting so bold as to carry out wrongdoings visible to everyone, except even before officials themselves sometimes †frequently with just a token punishment to appear for it, if by any means. Indeed, the circumstance got so terrible that and still, at the end of the day City Councilor Jackie Clarkson had to recognize and regret the quickly weakening circumstance. The disaster that had struck as of late around then prompted a significant, significant breakdown in channels of transportation and correspondences, which thusly prompted a disturbing weakness with respect to cops to appropriately neutralize the awful, horrible spike in crime percentages. Plundering specifically turned out to be alarmingly normal during this time, with the businesspeople included compelled to shield their property without anyone else. Equipped burglary additionally arrived at an upsetting degree of recurrence now throughout the entire existence of New Orleans, with the vast majority of the casualties being looted at gunpoint. Generally, however, the plundering occurrences that were accounted for just included catastrophe casualties gathering essential necessities, for example, food, water and garments from unattended stores †which, while as yet being a long way from lawfully or ethically reasonable, were significantly more justifiable considering the horrible, awful harm created by Hurricane Katrina.

TED Talk - Ken Robinson free essay sample

Ken Robinson, a teacher and open speaker, introduced his perspective on how schools are executing imagination at a TED talk meeting in 2006. There were various strategies that have been appeared all through the video, and this is the thing that permitted Robinson to connect with his crowd, and persuade them on his perspectives. One way that he approached presenting his cases, was by utilizing various genuine situations that manage innovativeness being unaccepted, and because of his excursion through countless nations, he had the option to tell with conviction how expressions are seen in various societies. He likewise utilized amusingness during quite a bit of his introduction, which was one method of acquainting his innovativeness with the crowd. On this, Robinson expressed that innovativeness ought to be seen as significant as something that is as exceptionally held as proficiency, which in a split second carried the crowd to an applause. As I have recently expressed, innovativeness through expressions has consistently been looked downward on all through each culture around the world. By bridging the globe, Robinson was even ready to observe direct how the instructive chain of importance framework worked, with expressions continually ruling at the base. The one point during his introduction that seemed to have the biggest effect on the crowd was his tale about Gillian Lynne. He talked about how Lynne was being told as a kid that she had an affliction, when all she truly had was an enthusiasm for moving. Fortunately, â€Å"she was put in a move school, in the long run went onto artful dance, turned into a soloist with a great vocation, moved on from the artful dance school, established her own organization, and got liable for the absolute best theater articulations in history.† Gillian is currently a multi-mogul that has offered delight to an endless number of individuals, all in view of her enthusiasm for expressions, and her steady interest dismissing the pushdown of her inventiveness. On the off chance that she were not put into this move school, another person would have advised her to quiet down alongside some medicine, and these achievements would have been lost. Then again, there are numerous children who are being pushed out of keeping theirâ creative multifaceted nature every day, and who comprehends what is being detracted from our future. Robinson in all probability acquainted this story all together with help his ethos, and to enable the watchers to see how signif icant it is for kids to be upheld with their novel wants, when contrasted with being wasted. Robinson accepts that schools nowadays are a method of instructing children to become college educators, and he utilizes distinctive comical guides to demonstrate his point. He advises the crowd, that as understudies climb the instructive stepping stool, they are educated from the midriff up, until they are at last centered around their heads. This announcement was totally right, and had the option to interest the poignancy of the onlookers, in light of the fact that a great many people that tune in to this discussion have scaled to a specific level in the instructive framework. This most probable had the option to contact the crowd, since they each saw how it resembled growing up with this instruction framework. If they somehow managed to glance back at their youth, they were shown drawing and physical instruction, however continuously lost these courses, and started to concentrate on sciences or arithmetic. The speaker additionally presents the diverting actuality that teachers utilize their body as a method of transportation for their psyches. Robinson said this to connect with the watchers, and embody this was not the best thing to show the young into turning out to be. A few kids may really concentrate on doing as such, obviously, numerous others have different objectives as a top priority, and they ought not be driven into realizing what they are reluctant to be instructed. Every TED talk representative has a wide assortment of inventiveness, expressed by Robinson. This is the thing that permits each character to stand apart from the gathering of old, and new speakers. One basic articulation that Ken said was that innovativeness is as significant as proficiency. This is something that a large number of his crowd individuals had the option to concur with, in light of the fact that we’re are coming to live in a day and age where it is difficult to debate the way that youngsters are being compelled to take certain courses, regardless of whether they are reluctant to do as such. By having this comprehended, the audience members at that point have a certified understanding with regards to what level of size imagination conveys. Alongside this, he utilized numerous genuine circumstances, and utilized them to show howâ younger youngsters are not scared of being off-base. He presented a short story of a little youngster that was drawing an image of God, and clearly her educator accepted that this young lady was ridiculous for attempting to draw such a picture. This fast information that was tossed into his discourse indicated the audience members that regardless of how absurd something may appear, a youngster will keep on obliging it. A serious issue of being instructed out of inventiveness, is likewise being educated out of creativity. By being convinced at a more youthful age that slip-ups are the most noticeably terrible thing you can do, you become less and less inclined to make such blunders. Then again, in the event that you’re not set up to not be right, at that point nothing unique will be made with your psyche. All through Ken Robinsons TED talk, there was a tremendous assortment of cases and proof gave which helped approach his perspectives on the instructive framework and innovativeness. The logos utilized by Ken Robinson for his introduction was mind boggling, as a result of the way that every model he chose to communicate to the group had such a significant importance behind it. These accounts were additionally the most impressive strategy utilized by Robinson so as to help his cases, and it is the primary way the watchers had the option to place his cases into sense. Alongside these accounts, the way that Ken utilized cleverness in his discourse was a significant bit of leeway. Because of his use of various diverting references, he was making an impression on the group, expressing that diversion is one type of imagination, and there are a wide range of employments for this ability. Generally speaking, this TED Talk would have been significantly less powerful in the event that it were not for the techniques being introduced all through the discourse, on the grounds that these were the parts of the introduction that permitted the watchers to take a gander at Robinson as a sound man. The fundamental concern introduced in this point was that inventiveness must not be detracted from our youngsters today, since we accidentally foresee how it will influence the world’s future. The present scholastic framework depends on what is accepted to be the most significant things to learn for the future, despite the fact that there is no assurance that these courses will demonstrate advantageous.

UK software industry Free Essays

In the business world key situating has become an unavoidable undertaking as organizations search for each mean of improving their upper hand. In such a business domain, a much solid respite can be found in the adjustment of investigation models by associations in their showcasing efforts. Irritation examination models have been used by associations everywhere throughout the world to decide or anticipate future patterns in business just as to take preemptive measures to abstain from running into misfortunes (Charles, Hill, Jones, 2006p. We will compose a custom paper test on UK programming industry or on the other hand any comparable subject just for you Request Now 9-98),. The following is a PEST examination of UK’s programming industry. Political elements The political changes in the UK truly sway contrarily on the product business, despite the fact that recently, there has been a purposeful exertion to authorize enactment to control programming theft which has been named as perhaps the best risk to the business. Right now the counter robbery law of UK denies and presents legitimate measures against culprits of the wrongdoing and it is foreseen that this will get rid of the bad habit that is so overflowing in the UK. From a worldwide point of view, distinctive political situations in various nations where the product business advertise their items additionally impacts on the presentation of the business, for example, the product business is influenced adversely when different nations which have been customarily showcases for UK programming organizations change to contenders for example China and India. This is typically occasioned by system change in those nations. Sexual orientation correspondence has likewise had a noteworthy impact of the business I that, they have been compelled to change their work strategies to reflect equivalent open doors agreed to all sexes. Financial Factors. Despite the fact that there is an obvious contrast between political elements and financial calculates a few happenings political fields have affected the monetary factors for example enactment addressing tax assessment for programming items. Right now the financial state in the UK is inviting and no signs point despite what might be expected. Generally steady trade rates, just as low swelling levels, a consistent pay development in the household advertise, have all contributed emphatically the development of the segment in the UK and is anticipated to proceed with that route into what's to come. Social Factors. As these decide the purchasing conduct for clients, the UK market can be said to be adult in that, deals and interest for programming items is on the expansion, a pattern that has proceeded for as far back as three years. The way that, most programming items are not seen as perilous and there fore are taken a gander at as innocuous has added to a positive development of the product advertise in the UK. This can be confirm by the way that, individuals from varying backgrounds can buy distinctive programming uniquely crafted. There have been barely any instances of significant protests structure the general public as far as their ease of use and viability of what is on offer in the market. This further reinforces the future situation of the part most definitely. Innovative Factors. Advances around there particularly as occasioned by PCs, the web, just as well as PDAs, has affected programming industry in that, creation has gotten less expensive than it would have been without the abovementioned. In the UK, larger part of the product organizations have contributed intensely on innovation and this has been reflected in flooding benefits. Taking everything into account, from the above examination unmistakably, the future for programming industry in the UK I splendid and those organizations which will underwrite themselves by taking a key position are bound to flourish. The most effective method to refer to UK programming industry, Papers

What to Expect From a Sample of An A.P.A. Survey

What to Expect From a Sample of An A.P.A. SurveyGetting a sample of the research paper from an A.P.A. survey, there are some things that you should know about.One of the most common reasons why students fail to study or do not pay attention to their work is because they cannot comprehend the details and have no idea how to interpret the data. While a research paper may not be so complicated, it can still be quite difficult to understand. You may need to know how to tell a true from a false answer, how to analyze results and how to justify your ideas. You also need to know what to do with the results you have collected. This is usually accomplished by consulting with a professional advisor or trainer.Most A.P.A. surveys include an estimate of how many students took the survey and how many completed it. To make sure that your survey is accurate, you need to know how many completed it, how long it took for them to complete it and how many students did it on their own. You also need to k now the results of any procedures that were conducted by the survey company. Some of these procedures may include filling out the survey online, answering questions, filling out questionnaires, taking a test, etc.Knowing the rules for handling future tests can be extremely helpful for you to improve your scores. You can easily check to see if you were given the same test as your peers, if you had to repeat a question because you got it wrong or if you were asked a question that you knew the answer to. These can be easy to do by checking the grading software that the A.P.A. uses.Most A.P.A. surveys offer the opportunity to get free samples of their surveys and to download the results of these tests.Sample is very helpful but not necessary, for your preparation for an actual test. A.P.A. samples are usually given to test takers as they progress through their course, either in the first part or in the final examinations.Knowing what to do with the information you have collected is very important. You should look for any sources that could support your ideas. A survey sample is usually given to students who could actually help you and may even give you an insight into your potential success rate. If you find that a survey sample is useful, then you will want to remember to take the information and use it for your benefit.

Science in the Enlightenment Benjamin Franklin Essay

Christian Perez M. Darling English 1302 8/4/2011 Frankenology Science is any branch of knowledge or study dealing with a body of facts or truths systematically arranged and showing the operation of general laws gained through observation and experimentation; generally the name of which ends in the suffix -ology (Science). Many major scientific breakthroughs occurred during Mary Shelley’s lifetime and several found their way into her work. It has been noted that, [i]n many of her stories there are thinly veiled parallels between people, places, and events in Shelleys life and her characters, settings, and plots (Greenfield 288). Erasmus Darwin, Humphry Davy, and Luigi Galvani and their various, famous experiments held great†¦show more content†¦Davy, was strong in his assertion that chemistry was the basis of the other sciences and if applied properly could convert dead matter into living matter (111). This pronouncement of chemistrys virtues and aptitude for creation that bypasses sexual reproduction pricks up Victo rs ears. Victors interest in the experiment grows until his fervor overtakes his rationality but before this decline Victor learns the basics of every branch of science, math, and philosophy studied at the time, giving him a very complete education off of which to base his scientific exploration and experimentation. Shelley wants to create a well-rounded scientist that has a well-laid groundwork surrounding him in every direction, leaving him free to immediately pursue his ambitions of discovery without stretching too far out of societys comfort zone of knowledge. The initial research done by Victor leads to a more stable plot line that readers can easily follow, Shelley put forth her scientific awareness as a talisman against the skeptical. In this way Shelley protected her work and preserved the right to call it fancy but with a root in absolute fact, this partial truth is the result now known as science-fiction. In her science fiction novel Shelley wishes to draw between the scho lar-scientist who seeks only to understand the operations of nature and the master-scientistShow MoreRelatedScience Fiction Influenced Teachings of Enlightenment thinkers, Thomas Paine, Benjamin Franklin, and Nicolas de Condorcet805 Words   |  4 Pages Enlightenment thinkers, Thomas Paine, Benjamin Franklin, and Nicolas de Condorcet were influenced by teachings of the Scientific Revolution. Reason and logic were used to dissect what was good and valuable apart from what was tyrannical and unable to be proven from the old teachings of philosophers and religion. It was this process of reason and logic that gave these thinkers the confidence in man’s intelligence and potential to improve that showed up in their writings. According to ourRead MoreBenjamin Franklin As A Representation Of The Enlightenment1571 Words   |  7 PagesDWC 201 19 October 2015 Benjamin Franklin as a Representation of the Enlightenment The Enlightenment was largely a rational response to the 16th and 17th century Scientific Revolution, as well as major developments in philosophical thinking, such as ideas proposed by Rene Descartes. During the Enlightenment, thinkers emphasize rational and critical ways of thinking, rather than the complete reliance on religion that had been previously accepted. In many ways, Benjamin Franklin was the human embodimentRead MoreBenjamin Franklin : An Iconic Figure1710 Words   |  7 Pages Benjamin Franklin Biography. Benjamin Franklin Biography. Having been born in the first month of the year 1706 in Boston, Massachusetts, Benjamin Franklin has been regarded an iconic figure not only in the history of America but as well as the world.1 Although he had a deep passion for reading, he could only manage to attend school for two years. He then joined his brother at the age of 12 in apprenticeship at a shop. At the age of 15 people were reading his very first newspaper in Boston. It isRead MoreThe Legacy Of Benjamin Franklin1704 Words   |  7 PagesHaving been born in the first month of the year 1706 in Boston, Massachusetts, Benjamin Franklin has been regarded an iconic figure not only in the history of America but as well as the world.1 Although he had a deep passion for reading, he could only manage to attend school for two years. He then joined his brother at the age of 12 in apprenticeship at a shop. At the age of 15 people were reading his very first newspaper in Boston. It is after his letters had become a hit that he d eclared to beRead MoreThe Birth Of Critical Thinking And Scientific Reasoning1314 Words   |  6 Pagesprinter, writer, scientist etc†¦ In his Autobiography and The Way to Wealth, Benjamin Franklin shares with his audience many of his adventures. During his lifetime he wrote many times under different pseudonyms, to share his message. He is seen as an outstanding figure because of the many important charges he had during his lifetime and his ideals on self improvement. One of the essential elements that Benjamin Franklin addresses with his reader in the Way to Wealth is laziness. He provides theRead MoreJohn Smith And Walt Whitman Essay1248 Words   |  5 Pagesthe transcendentalist into the realist movement and nature was viewed not as an extension of god, but as a way to learn about ourselves and the world. opposition to romanticism. Three writers between these two time periods, Jonathan Edwards, Benjamin Franklin and William Cullen Bryant each have a different world view based on their background and provide a transition between the Puritan and Realism movements. John Smith came to the new world with the Virginia Company in order to colonize the land andRead MoreThe Puritans, And Anne Bradstreet And Mary Rowlandson1040 Words   |  5 Pageseighteenth century given its religion and methods of living. This contrast can clearly be seen within the values of the Puritans and those of founding father and political theorist, Benjamin Franklin. Comparing the elements of language and views of Puritan writers Anne Bradstreet and Mary Rowlandson with those of Benjamin Franklin’s in his autobiography, a stark contrast is revealed in the three major aspects of morality: the purpose of achieving virtue, the concept of self- improvement, and the conceptRead MoreBenjamin Franklin: the Enlightenment Figure Essay1975 Words   |  8 Pages Wolf Benjamin Franklin Writing 9/22/09 Benevolent Leader for a Virtuous Nation There were many people that helped contribute to the Enlightenment, but the most prominent American leader was a well-know political figure named Benjamin Franklin. The Enlightenment, also called the Age of Reason, was period of time when people tried to justify life in terms of scientific theory and rationalism. â€Å"The Enlightenment was responsible for inspiring revived interests in education, science, and literature†Read MoreThe British Enlightenment And The American Revolution1538 Words   |  7 PagesThe American Revolution was a product of the British Enlightenment as well as both American and British history. The Enlightenment was age of innovation taking place during the 17th and 18th centuries. During this period there were great advancements in science that pushed back religious superstitions, as well as developments in economics and political thinking. (lecture) The British Enlightenment specifically had a large impact on the American Revolution with key fi gures such as John Locke. HisRead MoreOverview of The Enlightenment Essay949 Words   |  4 PagesThe Enlightenment was a period of history throughout the mid-decades of the seventeenth century and during the course of the eighteenth century, in which intense revolutions in science, philosophy, society and politics occurred. This part of history was important because it was an enormous departure from the Middle Ages. Seldom before and after this time, did the Church have as much power as it did during the Enlightenment. There were three main eras of the Enlightenment: The Early Enlightenment

Literary And Cultural Theory During The Modern And...

Theories investigating subjectivity have dominated the field of literary and cultural theory during the modern and postmodern period. The way we understand subjectivity effects the way we understand the world around us, whether the subject is viewed in the Cartesian manner as a fixed entity, with a pre-existing nature that is not affected by the discourses that surround the it, or if we view the subject as one produced in and through the forces of power available in the time period, whether they be political, social or linguistic. The dominant model of understanding the subject up till the 20th century has been the model provided by Descartes, one where the self is understood as being independent and unsupported, where it is considered a private and autonomous experience deriving meaning and substance on its own without the assistance or influence of external factors. According to Descartes â€Å"true self-knowledge cannot rely on the contingent and fallible perceptual ideas that ar e not essential to one s true self.† During the age of Enlightenment reason and empirical knowledge were foregrounded, and were focused upon as the most important factors in understanding the world, consequently the individual was also emphasized as the creator of meaning. Human beings were understood as being born with great potential, and a stable, true self that if given the right to its unrestrained expression, could flourish and achieve anything. Heidegger was one of the first thinkers toShow MoreRelatedVarious Emerging Literary Genres During the 1900s Essay1191 Words   |  5 Pagesassurances once provided by religion, politics, or society no longer sufficed. This belief intensified after World War I, when it seemed to many that history itself was coming to an end. The modern life was horrific, chaotic and ultimately futile. 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Jerzy JastrzÄ™bski; from the second academic year – in the Literary Theory ResearchRead MorePostmodernism in Literature5514 Words   |  23 PagesPostmodern literature The term Postmodern literature is used to describe certain tendencies in post-World War II literature. It is both a continuation of the experimentation championed by writers of the modernist period (relying heavily, for example, on fragmentation, paradox, questionable narrators, etc.) and a reaction against Enlightenment ideas implicit in Modernist literature. Postmodern literature, like postmodernism as a whole, is difficult to define and there is little agreement on theRead More Fredric Jameson, Postmodernism and Consumer Society Essay1831 Words   |  8 PagesFredric Jameson Fredric Jameson (b. 1934) is one of the foremost English-language Marxist literary and cultural critics writing today. Over the past three decades, he has published a wide range of works analyzing literary and cultural texts, while developing his own neo-Marxist theoretical perspectives. His books include Marxism and Form (1971), The Prison-House of Language (1972), The Political Consciousness (1981), Postmodernism or the Logic of Late Capitalism (1991), The Geopolitical Aesthetic:Read MoreThe Effect of Cultural and Historical Situations on American Literature 1173 Words   |  5 Pages There is a connection between literary works from different time periods. This connection is how history, current events and social events have impacted American Literature. Literary works and writing styles have been affected and influence by the world around us. This is seen in many of the works assigned for this class. In order to see how cultural and historical situations affect literature throughout history, it is important to getRead More The Politics of Contemporary Approaches to Shakespeare Essay3166 Words   |  13 PagesAbstract Postmodern performance of Shakespeare, particularity in film, is characterized by a subjective experience within the play not an objective experience from the play. Under postmodernism, Shakespeare undergoes theorizing, deconstruction, displacement or death of the author, textual criticism, and cultural and political relativism but fails to produce solid answers. Postmodern Shakepseare does not offer new meanings but new and more possibilities for contemplating meaning. This fails bothRead MorePostmodernism and the Simpsons10775 Words   |  44 Pageswith special regard to the postmodern theories of intertexuality, hyperreality, and metanarratives. Before delving into The Simpsons, some major theoretical aspects of postmodernism in aesthetic production are outlined. Three of the most prominent theorists of postmodernism – Lyotard, Baudrillard and Jameson – are introduced, as well as their theories which will be brought into consideration in the following chapters. The objective of the essay is to apply these theories to The Simpsons and therebyRead MoreDevelopment Of Media And Communications Study1481 Words   |  6 Pagesessay I shall analyze the development of media and communications study and the themes that have helped it to improve during the last century. A persistent concept in this field is equality because theories like Marxism, Cultural Studies, Feminism, Structuralism and Post-structuralism, Subcultural Theory and Postmodernism examined this notion and gave it a meaning in that period of time. Against this background, a central question that motives this paper is: ‘How is equality developed by each ideologyRead MoreLiterary Analysis : Realism And Realism2179 Words   |  9 PagesIn literary analysis, realism is the art of writing about everyday life situations with no pretenses or embellishments to cloud the reader’s mind. This style of writing became prevalent during the latter half of the nineteenth century, and was d istinguished by the previous literary style of romanticism. Literary critics and reviewers alike have acknowledged realism as the â€Å"dominant paradigm in novel writing† (Rahn) during this time period as a way to discern the subtle shift in style. Realism givesRead MoreThe Influence of History on American Literature Essay1546 Words   |  7 Pagesconnection among literary works from different periods. The connection is that History, current events, and social events have influenced American Literature. Authors, their literary works, and the specific writing styles; are affected and influenced by the world around them. Authors have long used experiences they have lived through and/or taken out of history to help shape and express in their works. Writing styles are also affected by the current trends and opinions of the period they represent

Art and Architecture of Michelangelo’s David †MyAssignmenthelp.com

Question: Discuss about the Art and Architecture of Michelangelos David. Answer: Rational engagement with Michelangelos David allows the viewer to effectively engage with and fully understand this work of art. Introduction The rational engagement with art enables the spectators to see the art work under the internal light of harmonious spirit. The rational use of art offers an organic and temporary service that satisfies the eternal thirst. Bacon compared rationalists with spiders that spin all out of their own substance (Bacon 2014). However there is a contradiction between the aesthetics of art with the rational appreciation. The aesthetics welcomes the perception based sensitive cognition; the word aesthetic comes from a Greek word aisthetos that means perceptible and sensitive. Rational Engagement in the light of Post modernist Philosophies While discussing the philosophy of art, Baumgarten explains that when knowledge is concerned it is the rational one that holds much higher position than emotional one (Nakamura 2014). Philosopher Immanuel Kant suggested that viewers judgment towards a work of art generally is subjective and the whether a piece of art is beautiful is primarily the viewers subjective experience (Benot 2016). However it is not just the subjective feeling there is also rational engagement embedded. Animals lack this rational engagement with any object. Descartes suggested that the senses could not be subordinated to the intellect if the rationale is not provided (Vibbert 2013). Rational Engagement with David The rational engagement is the engagement with a work of art beyond emotional involvement or appreciation. The viewer develops his or her understanding based on the logic and reason behind the work of art. The middle ages of art did not have the rationalism from the historical perspective and it was more prone towards expressionism. According to the Story of Art the feelings were valued more than logic during the Middle Ages (Gombrich 2014). However the Medieval Greek architecture valued and incorporated more the ancient mathematical principles and at the later stage of the period the reasons started to reflect upon the work of other painters. In Giottos fresco painting the perspective painting techniques got coupled with depth cueing (Lubow 2015). Another painter Masaccio directly combined strict mathematics rules with perspective paintings. Brunelleschi applied linear perspective theory in the architectural art where he amalgamated Gothic style with classical building structures. T he renaissance painting and idealism came under light again in the work of Michelangelo. David demonstrates the application of reason with the reflection of expression of ideas rather than emotion. The Historical Perspective Michelangelos David was created in 1504 that is displayed in the Florence public square. The marble made most recognized sculpture in the world is 135 tall and depicts David waiting for a battle with a stone in his hand (Italianrenaissance.org 2013). David is an example of art where one can find the value of individual human being, physical beauty, rationalism and Greco-Roman influences. The original concept of David is influenced from the biblical story of David, where he did not use his strength directly to defeat Goliath but he thought and planned to use a better stone. David is a nude muscular man whose veins are visible as he is holding a stone firmly. The statute was meant to be placed at the roof of Florence Cathedral, but it is too heavy to be placed there. Davids hands and head are larger than the rest of the body and that is because the viewers were supposed to see this high up. The asymmetrical arrangement or the contrapposto reflects in the artists representing Davids lef t leg as that is also bigger than the right one. The depiction of human figure followed the reasoning of body postures as Michelangelo wanted to perfectly present Davids stance through his bodily gesture. David has put his body weight on the right leg and left leg is resting and this leads to his right hip positions bit higher than the left hip. Because of his stance his torso is bit curvy and his left shoulder is bit higher than his right shoulder. Two Davids One can compare Donatellos bronze made David with Michelangelos marble David to highlight the differences. The basic difference would be the Donatellos David is muscular and manly and without the associated biblical objects like Goliaths head or the sword (ItalianRenaissance.org 2013). Scale wise Michelangelos David is way larger than the other one but that does not make it a giant which his enemy is. Michelangelos David is depicted as he is about to start the battle where Donatellos one has already defeated the giant. The physical presence of David immediately presents the symbolical representation of heroic courage. Michelangelo appropriately depicted the idea of power of spiritual strength to be higher than the arm power through the exact bodily gestures. The Christian and Modernist theory both are rejected are rejected as he does not represent David neither as a giant nor as a victim rather his David is courageous noble man. The statue has a special historical significance as jus t before the statue was completed Florentines won a war against Medicis and held David as the symbol of their heroic act (Paoletti 2015). Conclusion The rational engagement with art enables the viewers with the power of appreciating the subtleties and complexities of art (Dominiczak 2017). The rational engagement contradicts the popular belief that beauty lies in the beholders eyes. When the viewer or critic is truly appreciating the art he needs to differentiate his own theory of beauty from the arts integrity of style and form. In the modern world the viewers engage with the arts on a superficial level mainly guided by their gut feelings. In order to judge the true art it is necessary to build up a sense of reasoning. The rational engagement with David explores many nuances of logical calculations, historical interventions and artistic elements. It highlights the artists knowledge and stance and the viewer gathers knowledge and reapplies those in interpreting the art. Without the rational engagement the statue of David is just a beautiful work of art but the in depth rational engagement helps the viewer to discover all the minu te details and subtleties that makes this art more than just a beautiful figure. References "Donatello's David Italianrenaissance.Org". 2017.Italianrenaissance.Org. https://www.italianrenaissance.org/donatellos-david/ Bacon, Francis. "Analogy, Metaphor, and Pattern."The Art of Social Theory(2014): 80. Benot, Gerald. "The beautifulin information: thoughts about visual literacy and aesthetics."Journal of Visual Literacy35, no. 1 (2016): 60-78. Dominiczak, Marek H. "Michelangelo: The Ingredients of Greatness."Clinical Chemistry63, no. 10 (2017): 1665-1667. Gombrich, Ernst HJ. "Idea in the Theory of Art: Philosophy or Rhetoric?."Daphnet Digital Library1, no. 1 (2014). Lubow, R. E. "Giotto's applications of embodied perception: Lateral and vertical dimensions of space."Laterality: Asymmetries of Body, Brain and Cognition20, no. 6 (2015): 642-657. Nakamura, Tomoe. "The Cognitive and Ethical Scope of Confusion in Baumgarten's Aesthetics."Philosophica44 (2014): 27-46. Paoletti, John T.Michelangelo's David: Florentine history and civic identity. Cambridge University Press, 2015. Vibbert, Charles Bruce. "The Perception of Movement in the Philosophies of Descartes and Bergson."The American Philosophical Association Centennial Series(2013): 313-325.

Scarlet Letter Essays (819 words) - Fiction, The Scarlet Letter

Scarlet Letter Hester Prynne was a beautiful, young, tall woman with shiny dark hair, piercing black eyes, and a beautiful complexion. She was living in Amsterdam with her husband, Roger Chillingworth, until he sent her to America alone while he cleared up business matters. In America, Hester had a love affair with Reverend Arthur Dimmesdale and realized she was pregnant with his baby. Nobody realized who the father was, so the Reverend couldn't be punished. However, Hester was forced to wear a large scarlet A(representing Adultery) on her dress. It was a well-known symbol, so everybody knew she had committed adultery and were astonished. This was because adultery was a sin explained in the Seventh Commandment. Hester felt ashamed. After she completed community service, she truly learned her lesson and her citizens accepted her once again. She was also permitted back into Boston after her daughter married and the father of the baby died. She then became a reverend figure whom people confided in and received sympathy from. Reverend Arthur Dimmesdale was young, very pale, and his body was fragile. He had large, caring eyes and a sweet, youthful personality women adored. He was shy and mainly kept to himself. Reverend Dimmesdale was deeply loved by his congregation because of his emotional way of speaking. Being a well-educated, trustworthy, highly admired pastor, no one suspected him to be the father of Hester's baby. Finally, his conscience fell into play and he admitted to his sin. Immediately after confessing, he passed away. Roger Chillingworth was Hester's husband. He was small and thin with dim eyes, a wrinkled face, and deformed shoulders(one was higher than the other). To me, he made an awkward couple with Hester, considering she was considered gorgeous. After he cleared his business matters in Amsterdam, he attempted to join his wife, Hester Prynne, in America. However, he was captured by Indians. By the time he reached his wife, 2 years since he last saw her, she was already up on the scaffold. He visited her in prison and pleaded for her not to reveal the fact he was her husband. He'd be ashamed to marry a disgrace people looked down on. However, he too should have been ashamed. He also committed sins. The first was marrying Hester. Although she had no desire to become hitched to him, he ignored that fact. The love was unrequited. The other sin was when he judged Reverend Dimmesdale and spent hours scheming up plots to make him lose his sanity, while he pretended to be his loyal friend. Pearl was the illegitimate daughter of Hester and Reverend Dimmesdale. Her name was chosen because she was brought into the world at a great price and she's "all Hester had". She was a beautiful girl with "a bright complexion, eyes possessing depth and glow, and glossy, shiny hair." She was graceful and had perfect shape. Her personality was just as perfect. She was extremely smart, imaginative, and determined, so she was most likely to be a huge success. She also showed responsibility. When Hester intentionally tried to lose her scarlet A, it was Pearl who insisted Hester kept it. She was significant because she was a reminder of Hester's love affair and sins. When Chillingworth died, Pearl got a large inheritance. At the end of the book, Pearl was supposedly living in Europe with a member of the nobility as her husband. However, nobody knew exactly where she had gone. The mysterious letters that arrived at Hester's cottage gave the townspeople only vague hints. Master Brackett was the keeper of the prison. He was old with dim eyes and a wrinkly face. He was mentioned only for a short amount of time in the book. He brought Roger Chillingworth to Hester while she was in prison. Also, he smiled and nodded at Pearl and Hester while everybody waited for the Election Day festivities to begin. The Commander was the captain on the ship Hester and Reverend Dimmesdale hoped to board. He was in his middle ages. He made Hester realize Roger Chillingworth would be sailing with Pearl, Reverend Dimmesdale, and Hester herself. Governor Bellingham was the one who witnessed Hester's punishment on the scaffold. A pious Puritan, Governor Bellingham represented political authority in Boston. He was a wealthy, elderly gentleman who spent much of his time consulting with other authority figures such as Dimmesdale. Because he was sympathetic, Hester pleaded to him not to let Pearl be taken away from her. Mistress Hibbins - Mistress Hibbins was Governor Bellingham's sister. She lived in the

Becoming a Storm Chaser- Chris Caldwell Interview

Becoming a Storm Chaser- Chris Caldwell Interview How can I become a storm chaser? is one of the most frequent questions I get asked. Last year, I reported on the National Weather Festival and a new event called the Storm Chaser Car Show. This year, I had the opportunity to complete an interview with one of the participants in the show. His name is Chris Caldwell and he works for KOCO TV 5 in Oklahoma as a professional storm chaser. He is a member of the F.A.S.T. Team (First Alert Storm Team) and even runs is own website Ponca City Weather. Catch his video in the KOCO TV blog about building a chase car! Anyone can join in on the celebration on Saturday, October 20th, 2007. The events are part of the National Weather Festival which includes tours of the National Weather Center, vendors, amateur radio demonstrations, and fun weather-related kids activities. As for the cars of storm chasing, awards are given out in the following categories Most Hail DamageMost Working SensorsMost UniqueMost Cutting EdgeBest LookingMeatwagon Award If you have a car that meets any of the above requirements, you can register for the show for free! This year, there will be two separate categories for personal and sponsored vehicles. How Did You Get Started in Storm Chasing? When I started storm chasing there werent many people chasing at that time. I had done it as a hobby and anytime a storm would be within 25 miles I would go chase it! That was back in 1991. I got me interested in chasing when an F5 tornado passed right in front of me across highway 177 just south of Ponca City as I was on my way to Tulsa. At the time, I was driving a UPS truck. I was headed to the airport with next-day-air packages and as I got south of town I could see this massive mile wide tornado coming from the west. I was trying to hurry to beat it so I didnt have to wait for it to cross the road. I didnt quite make it and instead I sat and watched it hit a mobile home and it picked up a 24 foot stock trailer that was attached to a dual-wheel pickup loaded with cattle. I never did see where it landed. The mobile home itself just disintegrated. This storm actually had just hit the area that I had grown up in but I couldnt stay to make sure everyone was okay. I continued on to Tulsa and on the way I saw numerous funnels, at least 30, and as I approached the Hallet area I came across a 2nd tornado. By then it was dark. All the way over I had to slow down and stop since we were coming across power lines down all over the place. I was able to see the tornado near the Hallet exit only from the lightning illuminating it. I got out of the vehicle and a trooper was there getting everyone under the overpass bridge. But Overpasses are NOT Considered Safe You are right. Overpasses as tornado shelters are not considered safe. Little did we know back then that that was the wrong thing to do but we all managed to live even though the tornado went right over the top of us. I got away from there and headed into Tulsa. I kept seeing ambulance after ambulance heading west and then I saw why†¦There were people searching for survivors out in a field near a housing edition on the west side of the Tulsa Metro area. I made it to the airport some 2 hours late but they held the plane and I turned around and headed back home and saw even more rescue people heading west. I had heard there was several killed in that housing plan but never did hear a final count. It was this one night of tornadoes that got me even more interested in chasing. From then on, I started going to classes put on by the National Weather Service and I started reading all the books I could find on weather. What Kinds of Classes Were Available? There is no course you go and take to become a storm chaser. Most of it is learned by going out and chasing. I now chase for KOCO TV 5 in Oklahoma City and to chase for them you have to have some experience. They dont just throw people out that say ‘I want to chase.’ In fact all of their chasers have extensive chase time before they started chasing for them. My experience lasted from 1991 until 2002 before I started chasing for them. What is Your Favorite Part of Storm Chasing? Once a storm has shot up and it classified as severe, the chase is on. This is the part that I enjoy the most. Getting yourself in position can be hectic since we have roads to follow but the tornado itself has no highways or roads it has to stay on. I always try and get to the part of the storm that allows me the best photo opportunity as well as allows me to report back on what the storm is doing and where it is heading. I guess warning the public and letting people know its coming their way is the reason we are out there and indeed it is what I enjoy most. What is Your Least Favorite Part of Storm Chasing? My all means that would be night-time chasing. I have had...Continued on Page 2. What is Your Least Favorite Part of Storm Chasing? What is the Greatest Storm You Ever Chased? What About Close Calls? How Long Does it Take to Build a Chase Car? How About Storm Chase Vacations? What Do You Think of These? †chasecation† Anything Else You Would Like to Add? By the way, every year I attend several classes put on by the National Weather Service. One of these classes is done in an evening and then there are the more advanced ones that are 3 days long. This year I will also be attending the storm chaser convention since they have started doing seminars at it as well.

The Culture War and Multiculturalism in Ishmeal Reeds Japanese by Essay - 1

The Culture War and Multiculturalism in Ishmeal Reeds Japanese by Spring - Essay Example 23. 1993).† Reed consequently touches on the careerist academics as he attacks them for their complicity in relation to the Ivory Towers that served as a sign of white supremacist structure of power. From the novel, it is apparent that there is need for persons from different cultures to become involved in order to enhance in integrating with each other. In his work, Reed presents Culture war as a tool that promotes multiculturalism because it serves as the cause of conflict among individuals from different cultural groups. The satire directed at these debates not only result from Reed’s success in presenting a stinging critique especially through an analysis of the Afro-Asian towards white supremacy as well as American imperialism. In an effective manner, the author portrays how individuals defending white Western view of history focused on trafficking everything in a revisionism manner as well as a â€Å"feel-good ethnocentrism† an approach used to attribute to multiculturalists. Based on the concepts that Ishmael Reed depicts, it is right to classify the novel as a â€Å"critical multiculturalism.† The term ‘critical multiculturalism’ serves as an indication that the piece of literature is out to expose fissures, tensions as well as possible contradictory demands resulting from multiple cultures as opposed to celebrating multiculturalism in an appreciative manner. Reeds goes further to dig deep in presenting the meaning of ‘culture war’ where he present s an absurd comic potential as he insists that the real wars of the 20th century that occurred in the U.S are similar to rhetoric of cultural wars. The opening paragraph of the literary material serves in presenting the creativity of the author through presentation of an effective examination of multiculturalism as well as academia to the later emphasis on

Eliezer's Struggle to Keep his Faith in God Essay

Eliezer's Struggle to Keep his Faith in God - Essay Example Elie lost a mother and a small sister during the holocaust that aimed at slaughtering the Jews. Elie confronts the worst in humanity and the worst in him (Bloom, 39). Despite this dilapidating and worse environment, Elie keeps faith in God, though in sceptical on the delay to safeguard His people. It is vital to notice that, Wiesel perception about God changes when nothing happens to rescue people from the hands of the Germans. Wiesel remains sceptical on how God handles situations (Bloom, 38). This change in mind however does not change Elsie’s belief in God’s existence. It is noticeable that, Wiesel believes that, God’s power should be manifested in hard situations especially those facing the Jews. It is imperative to note that, Elie loses faith in God during the de-humanization process that was instituted by the Nazis, but continues to believe that, God exists. This context vividly explains Wiesel’s mind and understanding about God. Wiesel believes that , God is supernatural and no one can kill the dreams about God (Bloom, 34). It is however, paradoxical to realize that, the Nazis murder Elie’s vision about God. Elie laments, â€Å"Never shall I forget those flames which consumed my faith. Never shall I forget that nocturnal silence which deprived me, for all eternity, of the desire to live† it is flamboyant that the tone of anger and indelible grief in this passage reveals. Elie’s deep passionate feelings and believe about God was cleared off by the Nazi in a profound disillusionment (Bloom, 34). Wiesel believes that, the fear of God should be extended and manifested in human beings (Bloom, 56). This concept is vividly revealed in the love and passionate feelings expressed by Elie towards his ailing and weak father. Wiesel believes that God does the same to humankind. Elie is seen not thinking of abandoning his father, but of how to keep from losing him. This is exactly what God does to humanity (Bloom, 34). W iesel believes that, God does not abandon people but sticks with them. This context brings in a paradox, in that many people died and t question that disturbs Wiesel emerges, â€Å"Where is God?† After a dramatic execution of a resistance fighter at the camp, in which the young boy is strangled on the gallows because he is too light to break his neck, Elie’s disillusionment is markedly angrier and bitterer (Bloom, 39). Elie’s indulgence and perception about God tends to change after this incident. It is noteworthy, that Elie doubts God’s presence and undertaking. This is evident by the voice of man asking Elie from the background â€Å"where is God?† This depicts the change of mind and passion in God’s faith (Bloom, 40). Despite what Elie witnesses, a staunch element of trust takes centre stage, particularly, when a background voice answers the question on the presence of God. â€Å"He is here; He is hanging here on this gallows† (Blo om, 36). The happening of these events is attributable to Wiesel’s change in faith about God (Bloom, 39). It is imperative to note that, before the holocaust, Wiesel believed that, God is the sole protector and retaliator of the Jewish people. Wiesel believed that, whatever had happened before was according to God‘s great plans on the Jewish people (Bloom, 41). Wiesel accepted God’s will without further questioning. More over, when things got

Kite Runner Essay Essay Example for Free

Kite Runner Essay Essay Khaled Hosseini’s kite runner has many themes that are significant. This book also has themes that are hidden to the reader, to find these themes the reader needs to think about the events that occur in the book. In this book redemption, discrimination, and violence play a big role in the events in this book. Redemption is one of the most important themes in the kite runner. Throughout the story, Amir is trying to redeem himself because of many events that he was a part of. In the begging of the story Rahim Khan calls Amir and tells him â€Å"There is a way to be good again. † (Page 2) Putting this in the first chapter of the story tells the reader many things about Amir, it could tell us that Amir has done many things that he regrets, or he has done things that caused pain to someone else. Amir’s mother dies when she is giving birth to him, throughout the story Amir tries many different things to redeem himself to his father. When Amir wins the kite competition he thinks that he would finally redeem himself for his mothers death. Amir thinks that he redeems himself because â€Å"A smile played down on my father’s lips. He opened his arms† (Page 79) When someone does this someone will automatically think that you redeemed yourself to that person. Another event that Amir does that he redeems himself for later is when he blackmails Hassan. Amir’s father gives him a watch and Amir decides to put it under Hassan’s pillow. Later when Amir’s father finds out that he took his watch he forgives him, but Ali (Hassan’s father) says that they make the decision to leave. To the near end of the book, when Amir goes back to Afghanistan, he receives a letter from Hassan. The letter tells him that he (Hassan) died, and that he has a son that it taken by the Taliban. Amir tells Farid (The person who takes Amir around in Afghanistan) about Sohrab, and he tells him â€Å"You have a visa to go to America, to life with me and my wife. It’s true. I promise† (Page 355) When Amir found out that he lost his best friend he went through a lot of trouble to get Sohrab. Amir could have avoided this if he did not frame Hassan. If Amir did not frame Hassan, Hassan and Ali could have fled the country with Amir and his father. This event has a big impact on the events in the story. Without these examples of redemption, it is hard to picture the book ending in the way that it did. Along with many other themes, discrimination is one of the less discussed themes in this book. In my opinion I think that discrimination should be a theme that should be as important as any other theme. Discrimination plays a big role in the kite runner because of the structure of the social classes. In the begging of the story we know that Hassan is Amir’s Hazara but later we know that he is Amir’s brother. When Amir won the kite competition Hassan went to get the winning the kite. Hours had passed and Hassan did not show up. Amir goes looking for him and he asks Omar (only involved in one paragraph) if he saw Hassan, Omar answers him by saying â€Å"Your Hazara? † (Page 68) without saying more than two sentences, we can see that people in the class with Hassan are treated with no respect and they are called Hazaras. Another event that happens when Hassan finally finds the kite that allowed Amir to win the competition he is surrounded by Assef and his gang. Assef is one of the biggest discriminators towards Hazaras as he is intimidating Hassan, he says, â€Å"A loyal Hazara, Loyal as a dog† (Page 72) When Hassan said this he could of compared Hassan to something else, but he picked a dog to show the most disrespect towards Hassan. In my own opinion I think that discrimination towards Hazaras in Kabul is horrible because they are treated as if they are a different race of people. Hazaras have the exact physical features as any average human being but they are treated like they are slaves. This is how discrimination, which is one of the themes that is not talked about a lot, is significant in this book. Violence is also one of the themes that are not discussed as much, violence should be because it is important and it is hidden. There are many examples that show violence in the book. One of the examples that show violence is when Hassan gets raped when Assef and his gang surround him. The author does not tell the reader that Hassan got raped but instead he makes Wali, one of the members of Assef’s gang, tell Assef â€Å"My father says it’s sinful† (Page 75) This is a indirect message to inform the reader that Hassan gets raped. This is one great example that violence plays a big role in the process of this book. Assef could of threated Hassan instead of raping him. In my opinion I think that he could not have done something that wasn’t related to violence. Assef wanted to have his revenge on Hassan but it was hard to do something that has nothing to do with violence. Later on in the book, when Amir and Hassan do not talk to each other after Hassan got raped for him over a kite. Hassan asked if he could go under the pomegranate tree and let Amir read a story for him. When Amir and Hassan were under the pomegranate tree, Hassan asked Amir what he was doing wrong so he could stop, Amir told him that Hassan should stand up for himself. Hassan did not answer and Amir started to throw pomegranates on Hassan, Amir then told him â€Å"Hit me back! Hit me back goddamn you† (Page 92) this is another great example that shows the violence that is included in the book. Hassan is the most loyal person in the book and Amir does not appreciate it; instead Amir wants Hassan to hit him with a pomegranate. When Hassan stands up, he then smears a pomegranate on his face and walks away. This is how violence plays a theme in the book. It is not as visible as the other themes in the book but it is as significant as the other themes. Redemption, discrimination, and violence are themes in Khaled Hosseini’s kite runner that play a big role in the book. Without these three themes it is hard to picture if the book would end up the way that it actually ended up being. Quotes and Information taken from Kite Runner by Khaled Hosseini.

The Beginnings of the Soviet Union Essay examples -- Soviet Union Euro

The Beginnings of the Soviet Union The United States that we live in makes it very hard for us to fathom what a struggling nation is like to live in. In the United States, we are socialized to believe that America is the most superior of all the countries and our prosperity will continue to grow. We are very fortunate to be born into a relatively high standard of living as a society, thus we cannot comprehend what it is like for countries trying to build societies from the bottom up. John Scott portrays this brilliantly in his book "Behind the Urals" as he examines individual people and their struggles as they worked in Magnitogorsk. These citizens worked in the most inhumane conditions, all with the intention to help their country develop under the new system of the Soviet Union. The Soviet Union had just gone through an entire turn around in their political, social, and economic spheres as they went from one extreme to another. The old Czarist government was always out to serve the rich landowners, while treating th e peasantry as second-class humans rather than equals. However, when the Russian Revolution came to a head, and the Red Communists or Bolsheviks defeated the White Czarists, Russia was left with an entirely new system of thought in its government. This ideology viewed the working class and peasantry as the main citizens in their society, while the rich landowners were not nearly as powerful as they once were. Thus the workers of Magnitogorsk held a very important position as they had the responsibility to help the Soviet Union take flight as a country that could compete with other powerful countries of the world, all while working under the most inhumane conditions. John Scott moved to the Soviet Union leaving the United States and in his eyes, its unsatisfactory capitalistic way of governing. Scott may have been aided in making his decision as he saw the United States slip into the Great Depression, a time when the conditions in America reached an all time low. He left his roots in the United States to begin a new life in a foreign country simply because he was disgruntled with American governing and was appealed to by the Soviet philosophy of governing. It tool Scott a tremendous amount of will and fortitude to leave behind everything he knew so well, to start a new life on the other side of the world. He showed his courage as he began... ...derwent, he served his sentence with dignity and was respected as one of the best workers there. In the beginnings of the Soviet Union, and more specifically Magnitogorsk, a diversified group of people from various ethnic, religions, and national backgrounds all put forth their individual efforts to develop the new Russia. The grueling environment that these people lived in developed them into strong and proud workers. In looking to our home front, I cannot find one example that even borders similarities to life in the Soviet Union under Stalin's Five Year Plans. We can study the times, even look to experts in the field for information on the topic, but we can never fully grasp the extreme environment that the peoples of Magnitogorsk lived in. They jeopardized and sometimes even sacrificed their own lives to build up a country. Lives were not lost in the battlefields, but instead on the job as workers froze from the climate while working the blast furnaces. The Soviet Union's success is usually given to the Communist ideology or even Stalin, but instead it was the hard workers w ho came from all over the eastern hemisphere to take on and complete the task of developing Russia.

Difference of Trademark Protection and Passing off Action Essay

Commerce cannot be denied to be an essential factor in the existence of one nation. This is so because commerce is considered as the backbone of economy. Being an indispensable aspect of economy, serious consideration has been taken to ensure the protection of those forming commerce. In the particular field of commerce, an existence of a business is considerably dependent on its name. A business name is a vital aspect of one business because it carries the reputation that has been built up by the business owner. A business name also has several values. Basically, it is used to distinguish a business from another. It will also ensure security and privacy as others cannot arbitrarily encroach or use it. Hence, businesses are required to be registered. The business name being registered is termed as trademark. In the world of commerce, where millions of business establishments evolve, trademark serves a vital role. With trademark, the goods of another are distinguished from that of another. Primarily, trademark serves as an identification of the origin and ownership of the product. Significantly, trademark will also protect the consumer from confusions as to the sources of the goods or services. Through time, some business owners were also established using the name of others. Some cases were deliberately done while other cases were unintentionally done. Due to acts of copying and using famous names, the other party suffered considerable damages. There were also case where famous trademarks or reputable names have been attached by other business owners in their products, goods or services primarily to attract or to deceive customers as to the origin of the goods or services. These situations have been considered as an impetus for the judicial actions of passing off and trademark infringement. Passing Off and Trademark Protection: Definition and Origin In distinguishing passing off and trademark protection, the two have a slim similarity in a way that both protect the business’ privacy. It has also similarity as both are purposely to prevent other business owners from thefts or unauthorized use of business names of others. In addition, both empower business owners to instigate an action in court in cases others have violated their rights to their business name or trademark. Nonetheless, passing off and trademark protection have various differences as to elements, principles, protection, among others. Basically, passing off has no definite definition. However, it has been commonly defined based on Lord Halsbury’s statement in one of cases he decided which states that, â€Å"nobody has any right to represent his goods as the goods of somebody else. † Contrarily, trade mark has been defined in Trademarks Act 1994 as â€Å"any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. † Furthermore, word, design, letter, numeral, or shape of the goods or packaging may constitute trademark. As to origin, Passing off have been recognized by the common law as early as16th century. Few cases tried under passing off includes, Southern v. How and Dean v. Steel . After a century, another passing off case was tried by virtue of Blanchard v. Hill. Although, it was not at that time recognized as passing off, the principle laid down was severally used in many cases. Meanwhile, in Blanchard v. Hill, the plaintiff applied for an injunction to forbid the defendant from using the Great Mogul as a trade mark in the manufacture of the latter’s playing cards. However, Lord Hardwicke refused to grant injunction and reasoned out that the court has no basis to grant an injunction. Besides the court recognized the right of trader to bear a mark for his products or services but it stressed the absence of any instance that will support an injunction. Nevertheless, after several years, through the decision in Blanchard, it has been established that each proprietor has an exclusive right to the mark used in his goods or services offered for sale. In addition, it was interpreted that when the use of other’s mark was stained with fraud, injunction can be granted. In the following century, the term â€Å"pass off† was used in Perry v. Truefit, and it was further interpreted and applied to mean that, â€Å"A man is not to sell his own goods under the pretence that they are the goods of another man. † In the early days, intent was considered as an essential element for passing off. However, in the 20th century cases, the element of intent was abandoned. On the other hand, trademark protection has its recognition in 1863 through Lord Westbury in Edelsen v. Edelsen. In this particular case, the court stressed that there exist a right to property in trade names which is transmissible and enforceable even against innocent infringement. Formally, trade marks were permitted to be registered under the Trade Marks Registration Act 1875. According to this act, anyone was barred from instituting an infringement proceeding provided that the trade mark was earlier registered. The act was further amended by Trade Marks Act 1995. For a mark to serve as a trademark, it must be distinctive by meeting any of the categories namely; arbitrary or fanciful, suggestive, descriptive, and generic. A mark is said to be arbitrary of fanciful if it has no logical relationship with the product it represent. An example is the trademark â€Å"Nike† which does not have logical relationship with shoes. The mark is suggestive if marks evoke or suggest the characteristic of the product like â€Å"Coppertone† which is suggestive of sun tan lotion. A mark is descriptive if the consumers would associate it to the producer rather than on product or services such as â€Å"Holiday Inn†. Lastly, a mark constitutes to be generic if it describes a general category, like â€Å"computers†. Difference Between Passing Off and Trademark Protection Fundamentally, the differences between the two lies on the protection it affords. In passing off, there is no property in the name or design of the business, while in trademark, the registered name or mark is the property being protected. In passing off, the law protects the ownership over the goodwill or reputation of one person which may be destructed by misrepresentation of other people regardless of intention. However, in trade mark protection, the law particularly protects the mark, name, or get- up which has been registered by a business owner. In other words, the property in passing off is the goodwill or reputation while the property in trademark is the trademark itself. Notably, there are three purposes for requiring marks to be registered. One is to guarantee to the consumers of the origin of the marked products or services to avoid the possibility of confusions and serves as a distinction of the goods of one from another having another origin. Second is to protect the customers from deception by other traders. Last purpose is to notify other traders or rival engaged in the same product or services from using the trademarks of another. Having the mark registered, the owner will draw various benefits. One of which is to put off people from using the trademark without permission. The owner can also initiate an action against unauthorized use. Finally, being a property of the owner, he has the discretion whether to sell or have it licensed by other people for a price. As to the acquisition of right, rights to property or goodwill in passing off are acquired in a gradual way because the business owner only builds his business reputation after a long period of time. This is so because a reputation or goodwill is dependent upon consumers, quality and service which necessitate handwork and persistence. Goodwill can also be established on the nature of the mark, degree of distinctiveness, figures of sales, expenses for promotions, marketing of the products and period of use. On the contrary, property right over the trademark and protection of such mark is acquired immediately upon registration. Moreover, goodwill cannot exist independently from the business which has created it even if such can be transferred or assigned to another. On the other hand, trademarks can be licensed or assigned separately from the business by the proprietor provided that such is not spurious or deceiving to the consumers. Furthermore, the two are distinct as to the remedy available in case of unauthorized use of the name or mark. In passing off, the claimant may institute a passing off action while trademark infringement is available in trademark protection. More specifically, a passing off action has been defined as a â€Å"remedy for the invasion of a right of property not in the mark, name or get-up improperly used, but in the goodwill likely to be injured by the misrepresentation made in passing off one person’s goods as the goods of another. † The former is a common law remedy while the latter is a statutory one. It is said to be a common law because it has its genesis from an unwritten law or fundamental practice in the olden days. On the other hand, trademark is statutory because the relief has been created by law or legislations by virtue of Trade Marks Registration Acts. Passing off and trademark protection also differ as to the elements that needed to be proven in seeking judicial intervention. Three elements are required to be satisfied in passing off action while trademark infringement only requires one. In passing off action, the claimant must prove the existence of claimant’s goodwill, the misrepresentation by the defendant, and the damage caused to the plaintiff’s goodwill or reputation. To explicate further, goodwill is the whole benefit derived from a reputation and connection of a firm which has been built up operating honestly and lavishly expending money for a considerable year or period. Likewise, reputation is the public’s opinion on the product that may be associated with the symbol or name under which the product is being marketed. It is considered as a private personal property which is being sold to customer. Through goodwill or reputation, the inherent worth of the product is recognized and the loyalty of the customers to the product is developed. The second element which is misrepresentation must be material one and actionable that is capable of creating real or tangible damage to the plaintiff. Moreover, misrepresentation need not be intentional in order to succeed in a passing off action and any defense of innocence, negligence, or recklessness is not acceptable. Even fraud or malice cannot affect the action but will have effect on the penalty to be imposed. Under misrepresentation, it is necessary for the plaintiff to prove that the public is deceived or is made to believe that the defendant’s goods or business have been authorized or licensed by the plaintiff. The plaintiff must further prove that the customers, actual or prospective, are influenced by the misrepresentation. Since passing off safeguards the good will of the plaintiff, it is important that the misrepresentation being alleged is or had caused material damage to such property. Absence of a clear damage may result in the failure of the action. The damages, tangible or intangible, may be in the form of loss of sales due to confusion or dilution of the reputation. It may be observed that proving damages is difficult, but plaintiff may employ surveys and other statistical methods to show reliable evidence of damages. On the contrary, a claimant in a trademark infringement needs only to establish that the mark alleged to be infringing is deceptive as it is identical or similar with that of the plaintiff’s trademark. The issue involved in passing off is â€Å"whether the use concerned is likely to affect adversely the goodwill of the business. † While injury or damage is necessary in passing off action, the defendant need not cause injury or damage in the case of infringement. It is only necessary that trademark is identically deceptive. This is because the trader considers the trademark as a property and is the only means whereby the manufacturer retains or invites the confidence of the public as to the quality and integrity of the product. From the given elements, it can be observed that it passing off protects the business as a whole which encompasses the name, get- up, style, mode, etc. of the business. However, in trademark infringement only protects the name or symbol of the business.

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