Emerson Documented Paper essays

Emerson Documented Paper essays EMERSONS PHILOSOPHY OF ROMANTIC IDEALISM A psychological writer such as Ralph Waldo Emerson can be analyzed and interpreted in several different ways. A few things that may affect the way that people interpret Emerson are past experiences, time period, and social climate. Emerson has proven to be one of the most influential writers of the Romantic time period and his ideas and writings still have an active role in social views today. Emerson has published works such as Compensation, Self-Reliance, and his first published essay Nature, published in 1836. These essays serve as a gathering of Emersons ideas and morals about man and how man reacts to the world that he lives in. Emerson says, "Good and bad are but names very readily transferable to that or this; the only right is what is after my constitution, the only wrong is against it" (Manley 1). Emerson explains his cocky point of view in this quotation about good and bad. Romanticism for Emerson was a period of time that broke down old social barriers and set new standards for society. The general attitude toward man was drastically changed; the individual became the center of life and experience. Everything that happened revolved around the individual and directly affected the individual. Also, the belief that mans experiences shape his personality and overall life was formed during Romanticism. The core of man was viewed as strictly emotion and inner perception of truth. Mans inner world was a heavily studied topic from which creativity and imagination emerged. Nature and the past were two other heavily studied parts of human life. Emerson stated that nature is a machine that can develop and change, it is beautiful yet mysterious, and most importantly many spiritual and moral lessons can be learned through experiences with nature. In other words, nature shows a parallel to man and therefore man can dir...

92 Paolo Faccini Dori â€v- Recreb Srl (1994) The WritePass Journal

A Critical Analysis of Case C-91/92 Paolo Faccini Dori –v- Recreb Srl (1994) Executive Summary A Critical Analysis of Case C-91/92 Paolo Faccini Dori –v- Recreb Srl (1994) Executive Summary Facts of the Case Decision of the Case Beyond the Approach in FacciniConclusions ReferencesRelated Executive Summary EU directives are considered not to have horizontal direct effect, i.e. the provisions of the European directive cannot be relied upon by private individuals, when it comes to a legal dispute where they have not been transposed by member states into international law. This was the position in the case in question, here, of Faccini and has been largely supported by future case law and academic analysis in this area. Despite this, there have been some cases which argue that there should be a direct effect[1]. Although these have been distinguished on a matter of fact between the position in Faccini and the decisions reached in later cases, it is argued, here, that the basic rule remains current and good law, albeit with an element of uncertainty, particularly where there is an aspect of public law and order and an obligation on the member states, rather than it being downplayed as a purely contractual relationship between the individual parties. Facts of the Case EU Directive 85/577[2] places a requirement on member states to protect consumers when they are entering into contracts which are negotiated away from the business place, for example, over the phone or, more recently, this would apply to internet-based purchases. This offers a right to cancellation and although there is a degree of flexibility offered to member states in how they ensure that consumers are protected in this way (article 4 and article 5 of directive), there are still minimum rights being afforded to consumers in this situation; the precise terms may also vary from member states to member state, in terms of how the consumers are informed of this right. However, fundamentally, the right is still present[3]. In this case, Faccini Dori contracted with Interdiffusion Srl, in order to purchase an English language course. However, she later attempted to cancel the purchase because, in the meantime, the provision of the course had been assigned to Recreb Srl, who then sued Faccini Dori for the cost of the course which she had failed to pay, as she wished to cancel her purchase. Faccini Dori argued that she would have been entitled to cancel the contract, as it had been a business arrangement made outside of the business premises, under the EU directive; however, it was the failure of the Italian government to implement the contents of the directive, which meant that the provisions did not seemingly apply in the case of Recreb Srl. The question, therefore, arose as to whether or not this directive had horizontal directive effect, thus enabling the individual to rely on the directive when dealing with a dispute between two private individuals. The weakness in the Faccini’s argument was b ased on the fact that the directive had not been implemented and the question arose as to whether or not an unimplemented directive can be relied upon as, had it been implemented, it would be part of Italian law in any event. Decision of the Case In this case, relying on the Marshall case, it was held that Faccini could not rely on the directive, as it has not been implemented into Italian law and therefore it was not possible for individuals to apply the rules contained within the directive, as this lacked horizontal directive applicability and could not therefore be used as the basis for a legal action[4]. According to Article 249 (was 189 at the time of the case) of the Treaty on the Functioning of the European Union, a European directive is binding on the member states, in terms of achieving the objectives of the directive, but that it is up to member states to determine how this will apply in their jurisdiction. The argument, therefore, arose as to whether or not this means that the directive enables individuals to rely on the concept of the directive in a private action, even where the member state had failed to transpose the directive into national law. In this case, however, it was held that the directive was applicable vertically and could be seen to impose an obligation on the member states, but not be used by individuals in a horizontal plane i.e. between private parties. As noted in the cited case of Marshall[5], the Faccini case relied on this and argued that, whilst it would be possible for private individuals to bring an action against the state for their failure to enact the provisions of the directive, it could not be used as the basis of legal action between the two individuals. Beyond the Approach in Faccini Although the rules laid out in the Faccini case seemed to state clearly that a non-enacted directive could not be relied upon by a private individual, although there has been some future debate as to whether case law has made inroads into this strict position. Case law has developed in this area to such an extent that it creates a situation where it would be possible to have a direct effect or direct link between individuals, even when they have not been transposed into national law[6]. Take, for example, the case relating to CIA Security[7], where an argument arose between three private individuals all of whom were competitors in the provision of security systems. In this argument, it was alleged that CIA Security was not suitably authorised and therefore should not be selling alarm systems, under Belgian law. An argument was presented by CIA that there had been unfair trading practices based on the fact that adopting the requirements to be authorised without notification was a breach of directive 83/189, article 8[8]. It was argued, in this case, that it was possible for the individuals to rely on the provisions of this directive as part of the case of the national court. In this situation, the court held that the provisions of the directive could be relied upon, which seemed to go against the decision in Faccini. As part of the judgement, Advocate Elmer distinguished from the Faccini case by stating that the provisions in directive 83/189 had been written in such a way that there were duties being imposed on the member state, whereas the directive in the Faccini case had placed the requirement on the individuals, alone, and not with the relationship between individuals. A better update emerged in the Unilever case[9]. This case dealt with a contractual relationship between two parties and a boundary dispute between Unilever and Central Food whereby Unilever had been supplying olive oil to Central Food. However, Central Food then took issue with Unilever, given the fact that the oils had not been labelled correctly, so they were no longer in compliance with the appropriate Italian law. As a result, Central Food stated that it would not pay for the oil delivered by Unilever. Unilever’s counterargument was that, although the Italian government had observed certain parts of the provisions of directive 83/189, the actual national law had not taken into account article 9 of the directive and therefore should not have been enacted and should not be applied. In this case, it was held that as the directive had been misapplied and this had resulted in a national standard which was opposed to the directive, national standards could not therefore be applied and could not be enforced against individuals. Certain distinctions were drawn between the Unilever and the CIA case, primarily based on the fact that it was a contractual relationship between the parties and was not linked to arguments associated with unfair trade practices and thus allowed the decisions to be distinguished from the case of Faccini. The difficulty going forward, therefore, is how cases such as the CIA case can potentially create a situation where there is horizontal direct effect to directives allowing private parties to rely upon the provisions of any unimplemented directive, in order to impact on their own personal dispute. On the face of it, therefore, it would appear that the CIA case had indeed created a situation whereby the basic ruling in the Faccini case could be softened. The main argument for this development is that, in the CIA case, there is a public law element, as there had been a failure on behalf of the member state, rather than a pure issue of private law such as contractual relations[10]. Conclusions There are clear difficulties when it comes to reconciling the basic provision laid out in Marshall and the Faccini cases; however, although it has been argued that there is a public law element in the cases which have been decided in a different way from the Faccini case, the net result is that this creates a different relationship between private individuals. Despite this, it is contended here that the basic rule in Faccini, in that the directive does not have horizontal direct effect, and therefore cannot be relied upon as a legal basis for action between private individuals, remains. There is, however, the need to consider cases such as CIA, which can create at least some uncertainty as to whether or not this will be strictly applied, in all situations. References Case C-194/94, CIA Security International SA v. Signalson SA and Securitel SPRL [1996] ECR1-2201, para. 13-15. Case 152/84, Marshall v. Southampton and South-West Hampshire Area Health Authority (Teaching) [1986] ECR 723, para. 48. Case C-91/92 Paolo Faccini Dori –v- Recreh Srl (1994) Case C-443/98, Unileverltalia SpA v. Central Food SpA [2000] ECR1-7535. Council Directive (EC) 85/577 Consumer Protection in the Case of Contracts Negotiated Away from Business Premises Council Directive (EC) 83/189 laying down a procedure for the provision of information in the field of technical standards and regulations Michael. Dougan, The Disguised Vertical Direct Effect of Directives?, The Cambridge Law Journal, 2000, vol. 59(3), pp.586-612 at 587 Paul Craig, Directives: Direct Effect, Indirect Effect and the Construction of National Legislation, EL Rev., 1997, vol. 22, pp.519-538 at 519. Paul Craig and Grainne de Burca, EU Law Text, Cases, and Materials, (3rd Ed., Oxford University Press, United Kingdom 2003), p.202, 203 Stephen Weatherhill, Breach of Directives and Breach of Contract, EL Rev., 2001, vol.26, pp. 177-186 at 182.

Aspirin Use and Pancreatic Cancer Mortality in a large United States Essay

Aspirin Use and Pancreatic Cancer Mortality in a large United States Cohort - Essay Example Jacobs et al. examined the association between these two through the Cancer Prevention Study II (CPS II), a large group of U. S. adults. In the past, aspirin use had been shown to decrease the risk of colon, stomach, and esophageal cancer in the same group. The group consisted of 1,184,588 people in all, with 508,318 males and 676,270 females who came from all U.S. states as well as the District of Columbia and Puerto Rico (Jacobs et al. 2004, p. 524). In 1982, the group completed a four page questionnaire that gave data regarding â€Å"demographics characteristics and various behavioral, environmental, occupational, and dietary factors† (Jacobs et al., 2004, p. 524-525). In 1982, 1984, 1986 and 2000 follow ups were conducted to see if the group members were alive or dead. It was found that 28.1% of them had died and 0.2% could not be traced, whereas 71.7% were alive. A few of the participants had been excluded from the study based on their cancer history, cigarette smoking, o r missing data on aspirin use. Resultantly, 987,590 participants were left, out of which 4577 died from pancreatic cancer (Jacobs et al., 2004, p. 525). Statistics were gathered using the information given by the participants in their 1982 questionnaires, and the Cox model of proportional hazards was used to analyze the ratio of deaths caused by pancreatic cancer, and other potential risk factors, for instance cigarette smoking, dietary habits and family history of pancreatic cancer, were adjusted in the findings (Jacobs et al., 2004, p. 525). The frequency of aspirin intake was also taken into account, and it was discovered that most of those who took aspirin regularly, i.e. more than 30 times a month, were older and white, just like the majority of participants, who were mostly middle aged or elderly and white (Jacobs et al., 2004, p. 526). The results showed that there was no relationship between aspirin use and pancreatic cancer mortality. The result was similar

Comparison Asian American History Case Study Example | Topics and Well Written Essays - 1000 words

Comparison Asian American History - Case Study Example    He uses the metaphor of the family picture album, full of old pictures of family members that evoke both good and bad memories. He recognizes that this metaphor can only go so far, since instead of using visual pictures of his subjects and their families, he uses oral accounts taken from a variety of oral sources. Okihiro recognizes that he has â€Å"mixed my metaphors† (95), as he puts it. Instead of being an inferior way to present history as he intimidates, however, it is one of the best way to recount the history of Asian Americans. It is the use of oral history and of autobiography, a common way that the histories of people of color and women have been presented throughout history. Oral history and autobiography have traditionally been used to recount the histories of marginalized and oppressed peoples because they have not been able to access more traditional history. The slave narrative, for example, is one of the earliest forms of American autobiography. As Africa n American scholar Joanne M. Braxton (1986) states, the purpose of the slave narrative was not only to present the oral histories of slaves in America, but as a tool for abolitionists seeking to end slavery. In many cases, the autobiographies of former slaves were accompanied by prefaces written by white abolitionists to provide them with credibility to white readers. Modern African American writers like Maya Angelou and Richard Wright continued the tradition of using autobiography to present their histories. Other minority groups in America have used autobiography and oral histories for similar purposes. This is certainly true of the presentation of the history of Asian Americans. Another common way to present the history of Asian Americans and other minority groups has been to present them in fictionalized forms. This has been done effectively by Milton Mirayama (1998) in his critically acclaimed, beautifully written, and poignant novel, All I Asking for is My Body. Murayama wrote the first draft of the novel while a student at Columbia University. It was first published as a short story entitled â€Å"I’ll Crack Your Head Kotsun† and published in the Arizona Quarterly in 1959. The story became the first chapter of All I Asking for is My Body and was published in 1968, in a Hawaiian anthology. It was not well received at first, but received critical acclaim and became a cult classic when the University of Hawaii published it in 1988 (Kim, 2005). All I Asking for is My Body reads like a classic autobiography. The novel, including the title, is written in modified pidgin, but is readable by non-pidgin speakers. Murayama seems to understand that he is writing more than just a novel, and that he is presenting Japanese culture and what life was like for Japanese immigrants in Hawaii in the years just prior to and during World War II. Consequently, he spends a great deal of time explaining his language use.  Ã‚  

Dred Scott v. Sanford,The Lecompton Constitution, Freeport Doctrine Essay

Dred Scott v. Sanford,The Lecompton Constitution, Freeport Doctrine and Fugitive Slave Law of 1850 - Essay Example Upon returning to Missouri, a slave state, he sued for his freedom and the court ruled 7-2 that he did not have citizen status and therefore could not sue. The trial was a legal battle between antislavery forces that argued that once a slave had traveled to a free territory the slave was free. According to Huston (2003), the opposition argued, " being a slave, had no right to petition the court like a citizen— slaves, obviously, were not citizens and had no citizenship rights " (p.217). The trial was seen as an effort by the South to extend their control of slavery into the North. The original case was decided by a technicality but later ordered retried. After a series of trials, the US Supreme Court found that Dred Scott was not entitled to citizenship. This case, more than any other, precipitated the movement toward civil war. It was a test to see how far the South could extend the boundaries of slavery. This would be the beginning of the ever-widening gap between the North and the South. Some abolitionists saw the movement toward war as a positive move towards resolving the issue. Frederick Douglass, though disappointed by the decision, also expressed his hopes that the South would finally be confronted. With the war in sight, it was hoped that victory would eventually bring justice. The Lecompton Constitution The Lecompton Constitution was the Kansas State Constitution presented to Congress to initiate their admission to the Union. One of the issues that surrounded the constitution was whether Kansas would be a free state or a slave state. Proslavery advocates controlled the Lecompton Constitutional Convention of Sept. 1857, while opponents of slavery were given little choice as to the content of the document. The fight over the pro-slavery Lecompton Constitution would result in tensions that would hasten the nation's move towards the Civil War Though most of the Kansas voters were in favor of an antislavery constitution, the majority at the convention were proslavery and would not allow the issue to be put to a fair vote. The antislavery constitution merely outlawed the importation of new slaves, but did not outlaw the existing slavery. When the document was put to a vote, the anti-slavery forces boycotted the proceedings. However, the anti-slavery legislature voted two weeks later and the constitution was voted down. The controversy was presented to Congress who could grant statehood in accordance with the Lecompton Constitution or vote it down. President James Buchanan supported the constitution as written. The House and the Congress compromised in an effort to minimize the crises. However, the damage had already been done. Stampp (1992) contends that, "As a result, 1857 was probably the year when the North and South reached the political point of no return" (p. viii). The split between Republicans and Democrats had reached beyond the their ability to compromise. Freeport Doctrine The Freeport Doctrine was put forward by Stephen Douglas during the Douglas-Lincoln debates of 1858 in Freeport Illinois. The Doctrine specified that local law authorities could enforce federal law as they saw fit. This was an attempt to bridge the gap between slavery and antislavery forces. It was contrary to the earlier Dred Scot decision, which stated slavery could not legally be excluded from the territories. The doctrine, though not new, gained attention during the public debate. Lincoln had fared poorly in the previous debates and took the offensive in Freeport. He asked if a territory "in any lawful way . . . exclude slavery from its limits prior to the formation of a State Constitution" (Carwardine, 2006, p.80). Douglas responded, "Mr. Lincoln has heard me answer a hundred times from every stump in Illinois, that in my opinion the people of a Territory can,

Adversarial System vs. Civil Law Essay Example for Free

Adversarial System vs. Civil Law Essay The European civil law system is all about finding the truth, even if a lawyer has to lose the case for their client while doing so. The American adversarial system is about winning, even if it means avoiding and stretching the truth to do so. Civil law has the laws made by the government and the courts apply them, while common law has the judges making the majority of the laws through precedents. The adversarial system uses specific laws, precedents, and legal rules to determine who wins. It allows lawyers to take the truth and spin it into the picture that is the most beneficial to their client. They can use loopholes in the law to keep evidence from being allowed to cause their guilty clients to be punished for what they have done. Once all the talking is done, it is up to twelve people to decide whose lawyer did a better job of convincing them to believe them. See more: Beowulf essay essay The civil system uses general ideas and broad concepts to form the framework for taking the evidence at hand and attempting to determine what the truth is. When the truth is revealed, lawyers do not try to hide it or escape from it, even if they do not like the results. A major disadvantage of this system is that those twelve people from the common law system are only used in major criminal cases, so when the truth is unclear, only a couple people get to determine who is right, and three people can be wrong easier than twelve people in 100% agreement. In my opinion from what I have learned, I believe that the civil law system has an advantage in finding the ideal of the judicial system justice. In the adversarial system, the truth can be avoided, and once it is, there can be no justice. As to the question of whether there are constitutional problems with applying civil laws in the US, the most obvious one is that a jury trial is guaranteed by the Bill of Rights to protect a defendant from being condemned by the voice of one person.

Christian & Pagan Influences :: Essays Papers

Christian & Pagan Influences There are Christian influences in the episode of "Grendel's Mother's attack." Primarily, the Christian influence is seen Norton text(43): Grendel's mother, woman, monster-wife, was mindful of her misery, she who had to dwell in the terrible water, the cold currents, after Cain became sword-slayer of his only brother, his father's own son. Then Cain went as an outlaw to flee the cheerful life of men, marked for his murder, held to the wasteland. From him sprang many a devil sent by fate. Grendel was one of them, hateful outcast who at Herot found a waking man waiting his warfare. There a monster had laid hold upon him...Then he went off wretched, bereft of joy, to seek his dying place, enemy of mankind. And his mother, still greedy and gallows-grin, would go on a sorrowful venture, avenge her son's death". Grendel is the spawn of the greatest sin in the Anglo-Saxon era -- fratricide. Fratricide is the slaying of one's own brother. Cain was cursed by God, forced to have hardship in tilling the soil and was given a mark on his head. God's wrath would not allow Cain to abandon his sin, by death, and his curse carried on throughout the life of mankind. To read the complete story of Cain and his brother Abel, click here The sin of fratricide did not only mean blood-related family, but applied to the murder of kinsmen. This portion of the Norton text deals with Beowulf and his root to God's grace: ...but he was mindful of the great strength, the large gift God had given him and relied on the Almighty for favor, comfort and help. By that he overcame the foe, subdued the hell-spirit. This quotation provides a sense of Christian values and shows the hero's dependency on God. According to the poet, Beowulf realizes that his strength comes from the Almighty rather than from his own merit. Beowulf is shown as a brave warrior.