Thursday, December 26, 2019
The Psychological Aspects of The Scarlet Letter - Free Essay Example
Sample details Pages: 2 Words: 643 Downloads: 2 Date added: 2019/05/13 Category Literature Essay Level High school Tags: The Scarlet Letter Essay Did you like this example? The human mind and the morals of any individual person, no matter how good and pure, can usually be swayed by the power of temptation and emotions. Sin, especially, is a significant factor that greatly affects the conscious of human beings. In the novel The Scarlet Letter, sin is portrayed as the fuel that begins the fire. Throughout The Scarlet Letter, Nathaniel Hawthorne exhibits the dark side of the human mind as the scarlet letter, along with hidden secrets, arouses the inner turmoil of the characters, revealed through prominent themes such as madness, vengeance, self-torture, and obsession. In the The Scarlet Letter, Roger Chillingworthââ¬â¢s sole purpose is to exact vengeance on Arthur Dimmesdale, the man whom his wife had an affair with. This task is seen as the center of his life, consuming his time and his energy day by day. His obsession with Dimmesdale not only alters his state of mind and body, but also his morals and conscious. He is described as, ââ¬Å" a man who corrupts himself because he can neither forgive nor forget the corruption of othersâ⬠(Evans). An example of this is his transformation from being an intellectual, physician, to a hatred filled stalker. Chillingworth is seen looking over Dimmesdale as he sleeps. As he looms over Dimmesdale, and discovers the A on his chest he is fixed with a, ââ¬Å"wild look of wonder, joy, and horror!â⬠as he confirms Dimmesdales identity as the adulterer (Hawthorne 127). Unlike most people, Chillingworth is excited and filled with ecstasy at finding evidence of adultery and sin. Donââ¬â¢t waste time! Our writers will create an original "The Psychological Aspects of The Scarlet Letter" essay for you Create order Another dark event seen in The Scarlet Letter is when Chillingworth shrewdly plays psychological mind games with Dimmesdale in order to further torment his conscious. Chillingworth psychologically tortures Dimmesdale under the guise of being a trusted friend and helper. He even looks loathingly at Dimmesdale when he is not looking, and if he looks back then he schools his features. Chillingworth takes pleasure in making comments that trigger fear and anxiousness in Dimmesdale, poking and prodding him with comments that remind him of his sin. Because of this, Dimmesdale feels a sense of distrust and unease whenever he is present around Chillingworth, but he has no rational or provable reason for his feelings so he is stuck suffering mentally and physically. Chillingworthââ¬â¢s purpose is to, ââ¬Å"exacerbate, rather than relieve, the sufferings of others, especially Dimmesdaleâ⬠(Evans). Chillingworth adds to the torment Dimmesdale has already been inflicting on himself on a daily basis. Arthur Dimmesdaleââ¬â¢s guilt gnaws at him through the entire novel. His self torture is his way of relieving himself from the guilt that constantly plagues his mind. Because of his this he cannot think of anything else. This is an example of Hawthornes use of emotions and events to show its effects on the mind of the guilty. Dimmesdale continually tortures himself but to no relief. He tortures himself not out of worship but, ââ¬Å"rigorously, and until his knees trembled beneath him, as an act of penanceâ⬠(Hawthorne 134). All of Dimmesdaleââ¬â¢s actions are driven through his guilt. He not only physically tortures himself, he also constantly imagines possible consequences of his sin being revealed, rendering him subject to suffering because of his own guilty thoughts. In The Scarlet Letter, Nathaniel Hawthorne displays the dark side of human nature as the characters are influenced by the heated emotions and immoral actions of themselves and others. Most prominently seen in the novel, Roger Chillingworth and Arthur Dimmesdale are seen as the ones who easily succumb and act on these fervent emotions. This leads them to deal with these emotions in various ways, either physically or mentally hurting themselves or others. The characters of The Scarlet Letter are quick to blame and antagonize based only off their own feelings, which throws each of them down a path of deception, wicknedess, and false reasoning.
Wednesday, December 18, 2019
Art Forever Changed By World War I - 901 Words
In the article Art forever changed by World War I, the writer states that ââ¬Å"in visual art, Surrealism and Expressionist devised wobbly, chopped-up perspective and nightmarish visions of fractured human bodiesâ⬠(Johnson). John Singer Sargent Gassed painting was and still is a great explain about what the writer of the article described visual arts to be. The painting was a reflection of the aftermath of the gas attack that occurred during the World War I. Looking back at the artwork the viewer could see what looks like many dead soldiers scattered all over the field, some stack on top of each other. While a group of wounded soldiers holding on to one another as they walk through fallen and more wounded soldiers. All over the soldierââ¬â¢s eyes were covered with white cloth possibly because of the gas harming their eyes or avoiding further damage. The dull colors used in this piece to me as a viewer expressed how the artists were feeling at the time sadness, pain and poss ibly depression. This piece was shown a lot of details and shows a lot of emotions as if he took a picture and painted it. ââ¬Å"The warââ¬â¢s impact on American art and culture was enormous, for nearly every major American artist of the time produced work that addressed the conflict.â⬠(First World War Affects American Artists!) Because of the war, art styles like Western art changed drastically, it soon became a well known style that almost every artist used. Styles like impressionism, expressionism, cubism and fauvismShow MoreRelatedMilitary Historians And Theorists Postulate That Napoleon Invented Modern Warfare916 Words à |à 4 PagesAffairs (RMAs) of the Franco-Prussian Wars and American Civil War, and the military revolutions of World War I, and the Nuclear Age dictate to a greater degree how modern warfare is practiced. Military officers around the world still study Napoleon, but that does not mean that he and his style of warfare invented modern warfare. Napoleon is still relevant today because those that studied him such as Clausewitz and Jomni were able to distil Napoleonââ¬â¢s Operational Art which is very relevant to militaryRead MoreThe Music Of Pop Art1301 Words à |à 6 PagesThe art movement I have chosen to write about is pop art. The pop art movement was about appealing to the eye through popular culture and through news and advertising. Pop art emerged in the mid 1950ââ¬â¢s in the United States. British artists Richard Hamilton and Eduardo Paolozzi were critics that made pop art popular in Britain in 1952. Paolozziââ¬â¢s first creation in pop art was a collage of newspaper clippings. A film was made by Ken Russell, which gave life to the idea of pop art in Britain. MeanwhileRead MoreWar on Terrorism769 Words à |à 4 PagesThe War On Terrorism Every morning, millions of people around the world begin their day by reading the newspaper. News topics are constantly discussed in everyday life and remain the dominant topic of conversation between friends, family, and even strangers. It is our responsibility as a modern society to recognize all events that impact our lives and make others aware of them, and newspapers as well as the general media allow us this opportunity. The New York Times, a worldwide newspaper, offersRead More War on Terrorism Essay774 Words à |à 4 Pages The War On Terrorism Every morning, millions of people around the world begin their day by reading the newspaper. News topics are constantly discussed in everyday life and remain the dominant topic of conversation between friends, family, and even strangers. It is our responsibility as a modern society to recognize all events that impact our lives and make others aware of them, and newspapers as well as the general media allow us this opportunity. The New York Times, a worldwide newspaper, offersRead MoreBeloved Poet, Shel Silverstein680 Words à |à 3 Pageschildrenââ¬â¢s poets and poetry icons that has ever lived. He holds a household name due to the fact that despite his past he is able to help form a future in language, poetry, and the arts for the innovators of tomorrow. Silversteinââ¬â¢s works captured the essence of a personââ¬â¢s childhood and changed poetry and childrenââ¬â¢s literature forever. Sheldon Allan Silverstein was not always the literature icon he quickly became in the mid 20th century. Born on September 25, 1930 in Chicago, Illinois during the Great DepressionRead MoreA Brief Biography of Walt Disney890 Words à |à 4 Pagesbecause his father thought that art and music were worthless pastimes. He thought the life of a young boy should be nothing but hard work. Desperate for something to draw on, he started sketching on rolls of toilet paper. He is quoted, ââ¬Å"You can guess what I did with them, especially as I ate a lot of green apples in those days. Anyway, thatââ¬â¢s all they were really good for-and thatââ¬â¢s where they went, down the can. Childish scribbles, thatââ¬â¢s all. The only interesting thing is I did them at all.â⬠One dayRead MoreThe Gulf War and Saddam Hussein Essay1241 Words à |à 5 Pages Today we are living in a world where development has taken such leaps that we cannot imagine how life looked like in the simpler times. Humans have made immense progress in diverse fields. Whether we discuss science, technology, arts, business, or trade, evidence of progression is available in all fields. Nevertheless, we would never understand what happened in the past without one integral area, History. Inventions and discoveries have made our lives simpler, but at the end of the day who are theseRead MoreSummary Of Louis H. Sullivan s Thought 903 Words à |à 4 Pagesimprove oneââ¬â¢s creative thinking process. He suggests that the most highly productive, creative thinking is accomplished better without the use of words, thus promoting the use of more imaginative cogitating. Sullivan calls the process of thinking an art, a science, and compares it to being like an army. He also equates thinking t o being a philosophy, and it is here that a problem arises. He mentions the use of reading and states, ââ¬Å"The best that reading and listening can do is to stimulate you to thinkRead MoreThe Enlightenment Period : The Age Of Reason1332 Words à |à 6 Pagesand logic, assessment and critical thinking over blind faith, superstition and mythology. A new way of rational thinking was set in stone. The concept of the Enlightenment significantly influenced and further developed culture, politics and Western world governments. As people began to think for themselves, major developments in religion, science and philosophy occurred. Before the 1800s most people in Europe were Catholic. These individuals were not allowed to express other religious views or thoughtsRead MoreI Am A Great Time So It Influenced The Future Of Our Earth1462 Words à |à 6 Pagesimpacted the world overall! As each decade proceeds there are many new actions that we take that can have a very good positive affect or a very bad negative affect. Effects are real and can true change the span we may live. you may feel so happy and bubbly but just know people died and changed the world for you to have that feeling it did not just happen all on its own. there was major work put into it. Be gratful. ââ¬Å"Forever and ever, you ll stay in my heart And I will love you Forever and ever, we
Tuesday, December 10, 2019
You Cant Always Get What You Want free essay sample
The singer, Mick Jagger, of the Rolling Stones sings a song that tells people they canââ¬â¢t always get what they want but if we try sometimes we can get what we need. The past years in my life my parents have told me this saying many times. Iââ¬â¢ve always complained about the quote although over time I have told myself to learn from it. This year my girlfriend flew off to college to a division two school in West Palm, Florida. This has been a killer for me because I havenââ¬â¢t been able to see her and she is having a rough time in school. The last two months have been hard but we are working through it. I have been trying to get my dad to buy me a plane ticket to go down there. My dad told me if I brought him some money he would help me pay for the ticket. We will write a custom essay sample on You Cant Always Get What You Want or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I started to complain to him because I had no way of getting any money to give him. I spent several days and nights thinking of ways to earn money to go see my girlfriend. I finally came to the conclusion that I would get a job and work hard to earn some money to give to my dad. I applied to Safeway and I ended up getting the job. I have now been working at Safeway for about a month now and work hard to earn money to go see my girlfriend. The other day my mom had surprised me and told me that she asked her boss if she could use their business miles to buy me a ticket down to Florida for two weeks. I was very thankful and told her I would help pay for anything that I have to. The thought of me working hard and getting a job showed my mom that I really cared and was trying my best to be a successful person. I believe that you canââ¬â¢t always get what you want but if you try sometimes, you get what you need.
Monday, December 2, 2019
Lena Horne Essays - English-language Films, Hollywood Blacklist
Lena Horne Lena Horne Lena Horne was born on June 30, 1917 in Brooklyn, New York. Her parents were Teddy and Edna Scottron Horne. After her father left her at the age of two in order to pursue his gambling career; her mother leaving soon after that to pursue her acting career; she went to live with her grandparents. Through her grandparents influence she became involved with organizations like the NAACP, at an early age. In 1924 she went back to live with her mother, traveling and being schooled all over the state until she was fourteen. At the age of fourteen she decided to drop out of school and go to work. Because she was talented and light skinned it was not hard for her to find a job. She became a chorus girl in Harlem's Cotton Club where blacks entertained a strictly all white crowd. At that time she was making about $25 a week. It was here that Lena got to meet and observe now famous artists such as Duke Ellington, Cab Calloway, Count Basie, Ethal Waters, and Billie Holiday. At the age of nineteen she met and married Louis Jones. Together they had two children Gail and Teddy (who later died in 1970 from kidney failure). While trying to get used to raising a family and having a career, she received a call from an agent, who had seen her at the Cotton Club, about a part in a movie. Her controlling husband allowed her to be in "The Duke is Tops" and also the musical revue "Blackbirds of 1939." When she finally got up the courage to leave Louis, he deiced to take her son away from her. Page 2 She lost custody of Teddy when the divorce was final and has always regretted not fighting harder for her son. After her divorce she began singing with Noble Sissie's Society Orchestra. Through out their tour she had to endure harsh racism having to sleep in tenement boarding houses, the bus and even once in circus grounds. Soon after that, she toured with Charlie Barnet's Outfit and became the first African American to tour with an all white band. She was their feature singer and considers this to be the beginning of her success. Lena decided to head out to Hollywood and see what she could do out there. She began singing in the Trocadero Club where she met one of the most influential people in her life: Billy Strayhom. Billy Strayhom was the chief music-writer for Duke Ellington. Lena has always felt that she and he were soul mates, despite the fact that he was gay. At 76 she sang a forty minute set at his funeral. While singing in the Trocadero Club she was discovered by MGM. Being a strong believer in equal rights she demanded a contract. Right then Lena earned her place in African American history as "the first African-American actress in history to sign a long-term contract with a major film studio." (AMC) Lena began to emerge as the first pinup girl for African American GI's. Also she was the first African American actress to be on the cover of a movie magazine, Motion Picture Magazine 1944. Lena Horne married a white musical arranger in 1947. His name was Lennie Page 3 Hayton. They kept their marriage a secret for three years because of the controversy over interracial marriages. When the marriage finally came out in the open, the couple was bombarded with numerous threatening letters. The couple was married for 24 years when he died in 1971. Devastated by his death; she moved in with her daughter. It wasn't until three years later when Tony Bennett convinced her to return to show business that she did any performing. In 1981 she put on the performance of a lifetime. Her one women show entitled "Lena Horne: The Lady and Her Music" ran for fourteen months straight before she took the production on tour. She has always been a strong believer in equal rights. Lena has actively participated in the National Association for the Advancement of Colored People, the National Council of Negro women, the Delta Sigma Theta sorority and the Urban League. Lena often offered her time singing and speaking at rallies and conventions in support of equal rights. One of the advancements she is most proud of is an honorary doctorate she received from Howard University in 1980. "?I had been offered doctorates earlier,' she said, ?and had turned them down because I hadn't been to college.
Wednesday, November 27, 2019
The above statement and discuss its accuracy in relation to airspace and subterranean space Essays
The above statement and discuss its accuracy in relation to airspace and subterranean space Essays The above statement and discuss its accuracy in relation to airspace and subterranean space Essay The above statement and discuss its accuracy in relation to airspace and subterranean space Essay Essay Topic: Law The law concerning airspace and subterranean space appears to be exceptionally complex and to an extent even outdated. Sir William James attempt to clarify the law using the Latin maxim cuis est solum eius est usque ad coelum et ad inferos1 seems to have created even more legal uncertainty and appears to have done more harm than good. The maxim is now subject to vast exceptions as well as having been denounced by contemporary legal commentators and even senior judges. This essay will explore the accuracy of Sir William James judgement; it will also question the argument that the maxim is still considered the ordinary rule of law2 and will look at how modern land law has gone about dealing with the legal confusion caused by this judgement, focusing primarily on airspace and subterranean space. Firstly, in order to explain the above statement, it may be beneficial to look closely at the facts of the case in which the judgement was made (Corbett v Hill 1870)3. In brief, the case concerned the trespass of land where the claimant failed in attempting to seek an injunction to stop the defendant building a room over-looking the claimants property. After citing the maxim as being the ordinary rule of law4, Sir James admitted its exceptional level of legal ambiguity and even conceded that no doubt, [the maxim] is frequently rebutted5, especially in regards to property in towns [by] other adjoining tenements6. Thus, in relation to the accuracy of the statement, one must appreciate the case is from the 19th century; during a time when technology had not progressed as much as it has today and accordingly airborne methods of transport had not yet been invented. This meant trespassing through the higher levels of airspace would not have been an issue and consequently, detailed legislation regarding the law of airspace may not have been considered necessary at the time. Hence, it may be argued that Sir William James simply cited the maxim with the intention of it serving merely as a rough direction of law but, unaware of the rapid advancement of technology within the 21st century, and so the inventions of aeroplanes and other methods of aerial transport have subsequently required clarification within the law of airspace and have demonstrated the impracticality of applying the maxim in modern times. Inevitably, the judgement has caused vast legal uncertainty and for this reason has been at the centre of immense criticism from both legal commentators7 as well as even senior judges. The suggestion that a land owner has complete control of everything up to the sky and down to the centre of the earth is not only practically unrealistic, but also, theoretically delusional which has resulted in Sprankling8 dismissing the maxim as merely a poetic hyperbole9 suggesting its over-dramatic implications regarding a landowners rights in airspace and subterranean land. This criticism is supported by Lord Wilberforce who has openly criticized the maxims feasibility as being sweeping, unscientific and impractical10. Furthermore, its implication that land is only measureable on a two-dimensional level (in terms of its physical structure) is an argument that has been strongly dismissed by Gray and Gray (2009)11 who claim that portions of a land may be owned by several different owners and thus claim that a transfer of a merely two-dimensional plot of land would have little meaning and even less utility12. They argue that a third dimension of land should have been recognised within the maxim and should now be explicitly acknowledged by the courts as they believe it can exist as as an independent unit of real property13. Gray and Gray (2009) further criticise the maxim for being virtually worthless suggesting it holds very little, if any, legal value in the modern legal system. Hence, these strong dismissals and denunciations of the maxim by senior academics and legal professionals may be argued as representing the modern attitude towards it; suggesting its significance in modern land law is not as much as it was when cited in the 19th century or at the time of its creation. Inevitably, as a result of the vast legal ambiguity and immense criticism that the judgement has faced, a major attempt to rectify the confusion regarding airspace finally came about with the establishment of the terms the lower stratum and the upper stratum. Although these terms appeared to contradict the maxim, they created a groundbreaking change in the law of airspace by splitting airspace into two categories. The lower stratum is that which was necessary for the landowners reasonable enjoyment. In Bernstein14 it was held that determining the requirement of reasonable enjoyment15 is dependent on the type, height and size of the property. Whereas, the upper stratum is that which is above the height which is reasonably necessary for the ordinary enjoyment16. In Bernstein17, Griffiths J also stated that a landowner has no greater rights in the upper stratum than any other member of the public. This is also identically reflected with the obiter dicta of Lord Brown in Bocardo SA (2010)18 where he stated that the air is a public highway19 and if that was not true then every transcontinental flight would subject the operator to countless trespass suits. 20 Both statements appear to be valid and rational as there can be no private ownership of airspace which is entitled to the public. However, both of these statements appeared to be expressly undermined in Kelsen (1957)21 where it was held that the placing of an advertisement banner on (the upper stratum of) another persons land, although did not interfere with the defendants reasonable enjoyment, yet still constituted a trespass. This judgement can be criticised on the basis that it appears to overtly contradict the basic judgement in Bernstein and the consequently conventional principle that the upper stratum is open for the use of the public and that the landowner has no greater rights to it over any other public. However, in Liaqat v Majid22, Silber J justly diverged from the judgement in Kelsen23 and rightfully re-emphasized the principle established in Bernstein24 stating where the interference of land was at a height that did not interfere with the claimants airspace25 then it does not constitute a trespass. This principle was further re-emphasized in Manitoba and Air Canada (1978)26 in which the state of Manitoba argued that goods being sold on an aeroplane flying over Manitoba could be subjected to domestic taxing. Prima facie, it appears that if the maxim is applied retrospectively then technically Manitoba argument should be accepted, however, the maxim was again dismissed by the court and the claim failed as they emphasized the judgement in Bernstein27 that there can be no ownership of the upper stratum. The inaccuracy of the maxim is further demonstrated by the enactment of The Civil Aviation Act (1982)28. Section 76(1)29 discusses grounds for trespass30 and nuisance31 stating that no action can arise if an aircraft is flying over a property, providing it has shown consideration to the wind, weather and so long as all circumstances of the case [are] reasonable. The wording of this statute appears to be as equally ambiguous as the maxim itself in the sense that it leads to the question how would a mere bystander or a reasonable man know if an aircraft has had taken the wind and the weather into consideration and that all the circumstances of his flight are reasonable before establishing if his/her airspace had been trespassed?. Although there are exceptions for aeroplanes landing and taking off, the general rule stated in the Rules of the Air (Amendment) Regulations 200532 is that it is not permissible for an aircraft to fly any closer than 500 feet to any person, vessel, vehicle or structure. 33 Both statues have considerably clarified the confusion regarding invasion of airspace and have further demonstrated the inaccuracy of Sir James statement. Additionally, Gray and Gray (2009)34 further go on to emphasise the importance of remedies for trespass in modern land law. In particular, the rise in privacy laws such as Article 8(i) of the European Convention on Human Rights35, which give landowners the right to respect of his private and family life, his home and his correspondence36, have also had a big impact on modern land law. The question that subsequently arises is how does the law protect a landowner from invasion of his airspace or violation of his convention rights? The answer to this is damages are available on the grounds of trespass37 or nuisance38. It should be noted that trespass does not have to include damage to the property and can simply be interfering or crossing over onto another property without lawful consent. This is demonstrated in Lewvest Ltd (1982)39 where the court held that construction cranes which operated over the upper stratum40 of the claimants property constituted a trespass and thus, the defendants were required to pay damages. Prima facie, this judgement can be criticised on the basis that there was no direct or indirect damage to the claimants property as the claimant did not even suffer any physical loss but it was merely the defendant attempting to make use and benefit out of the claimants airspace. Consequently it may also be argued that the cranes were being operated on the upper stratum of the claimants property as it was out of the level of that which was necessary for the claimants reasonable enjoyment41 and so under the Bernstein principle that there is no ownership of the higher stratum. On the other hand, one can understand why the courts came about this judgement. In particular, the flood gates argument comes to mind in that, if the court held that large construction companies were able to use machinery over nearby property without facing any legal charges, this would cause an enormous influx of cases on the grounds of both trespass and nuisance. Hence, with the benefit of hindsight it appears that the judgement was valid. Similarly, there has been a substantial attempt to clarify the meaning, scope and invasion of the lower stratum through the aid of subsequent case law. Everyday scenarios such as cutting off your neighbours overhanging branches have been declared lawful however, after cutting the branches off they must be returned to the neighbour (Lemon v Webb)42. Subsequently, taking the fruits off the branch either for personal benefit or to sell them on has been declared unlawful (Mills v Brooker)43. It may be argued that all these judgements (regarding both the upper and lower stratum) have drastically moulded the modern law of airspace in an attempt to adapt to the lifestyle of the 21st century; in particular acknowledging the development of technology and airborne methods of transport. However, there still seems to be some unanswered questions which remain; for example, if a child playing football accidently kicks the ball over the fence does that encompass trespass? Alternatively, if youre next door neighbours pet comes into your garden and eats the food youve left for your pet does that include trespass? Likewise, the decision in Lemmon and Webb (date)44 appears to answer the obvious question regarding over-hanging branches, but fails to explicitly recognise or answer the somewhat un-obvious questions. For example, if someone puts their hand across the garden fence to try and cut a tree belonging to them but over-reaches onto their neighbours side of the garden; does this constitute trespass? Although, these are mere policy arguments and are not as common as the cases cited above, these scenarios should be taken into consideration by the courts and clarified before possible future cases arise and thus avert them from causing even more confusion regarding airspace. In relation to subterranean land, the maxim has caused just as much legal uncertainty and confusion as it has in regards to airspace. Although, it is certainly true in stating that a land owner has rights to land under the soil, however, the suggestion that these rights go down to the centre of the earth is equally as misleading as the suggestion his rights go up to the sky. The general rule regarding subterranean land, in particular treasure, is that if an item found fits under the definition of treasure (as defined in the Treasure Act 1996)45 then it automatically belongs to the crown. Under this definition, treasure is any object at least 300 years old with a metallic content of which at least 10% is precious metal. Subsequent case law has determined that, minerals, treasures and other inorganic substances which are found underneath the grounds of the owner all belong to landowner46. However there are exceptions regarding coal47 which has not been worked on and petroleum48; both of which belong to the Coal Authority and the Crown respectively. Gray and Gray (2009) further state that the landowner has no absolute title to the water that flows through his/her land whether it is through a channel or river. Although, in Embrey (1851) it was declared that the landowner has the right to reasonably enjoy the flow of water, however, this was later amended in John Young Co [1893] where it was held that this right only exists providing that the flow of water or its purity is not diminished for others to use. Likewise, in Fothringham (1984)49 it was held that the landowner has the right to fish in the water flowing through his land as far as he can reach by normal casting or spinning50. This was later strengthened and clarified in Nicholls[1936]51 where it was held that the landowner has the right to the fish once he/she catches and kills them they then become his/her property. As subterranean land is included within a landowners property, it is therefore possible to constitute trespass through the subterranean zone; the area beneath the land which is owned by the landowner. Subsequent case law has demonstrated various ways in which trespass of the subterranean zone have occurred including trespass via entry to a cave as demonstrated in Edwards (1930)52 or alternatively by installing sewage and draining pipe underneath the owners land without lawful consent or authorisation from the landowner as was the case in Roberts (2001). 53 Consequently, before identifying if there can be a possible claim of adverse possession, there are certain statutory and common law requirements which need to be fulfilled. These statutory requirements are listed within the Limitation Act (1980)54 which state that no action can be brought by a landowner in an attempt to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims. The right of action is perceived as having accrued once a landowner has been dispossessed of his land or has discontinued use of it. In terms of airspace it is both practically and legally impossible for adverse possession of the higher stratum. This is because the higher stratum has been identified as being open for the use of the public55. Likewise, in terms of adverse possession of subterranean land, though it appears theoretically and to some extent lawfully possible however, it appears impractical and unfeasible. Moreover, in regards to classifying landowners subterranean rights including that of adverse possession, legal commentator Dr Jean Howel56 suggests that the same test that has been applied by Griffiths J in Bernstein57 should also be applied to identify ownership of subterranean land. This argument appears to be supported by the Supreme Court in Bocardo SA v Star where the court reduced damages in regards to subterranean trespass. They did so on the grounds that the defendants actions occasioned no harm whatsoever to the land and more importantly it did not interfere with Bocardos [the claimants] use or enjoyment of its land58. This judgement appears to be sensible and makes a substantial attempt to clarify the law regarding subterranean land by referencing the reasonable enjoyment of land principle established in Bernstein. However, although the principle seems to be an established precedent, it may be criticised for lacking practicality in regards to how it can be applied to subterranean land. The biggest problem being how would one classify what is reasonably necessary for enjoyment in terms of land under the ground? It is not as easy as classifying the lower and upper stratum of airspace as subterranean land is not as widely used as airspace. Hence, if Howels theory is applied, the courts will have the complex task in overtly establishing how far below the soil a landowner has rights to; with consideration to Gray and Gray (2009) who suggest that it is unlikely to be much further than 200 metres below the surface59. Furthermore, one must clearly comprehend and differentiate the fact that Spranklings commentary in Owning the Centre of the Earth60 and opinions therein reflect his thoughts on American land law which, although can be compared to Britain in some respects, cannot be applied wholly or generalised entirely to British land law .
Saturday, November 23, 2019
Saying Yes
Saying Yes In my most recent monthly newsletter, I offered a poll as to whether I should take a vacation from blogging or keep writing while Iââ¬â¢m away at Dance Camp. The overwhelming majority of responders said I should take a vacation. Nevertheless, I wanted to share a quick thought from this week that might be valuable to you as you forge your life and career path. The Power of Yes Thereââ¬â¢s a computer room here at camp where I spend a couple of hours each morning. As I was getting up from my computer a couple of days ago, I audibly whacked my knee into the table leg. Ouch! ââ¬Å"Do you want me to help you?â⬠said a voice from the other side of the room. ââ¬Å"Iââ¬â¢m a trained massage therapist.â⬠ââ¬Å"I donââ¬â¢t think massage will help my bruised knee,â⬠I responded, turning around to see a slim dark-skinned man I did not recognize. ââ¬Å"Oh, I do Reiki too,â⬠said the man, and I said ââ¬Å"yesâ⬠to Reiki (a form of energy healing), which he gave to my knee. The knee stopped hurting almost immediately. The next thing I knew, this man from Ghana, whose name is Yaw, was giving healing to my rib area, where I still am having issues after my car accident, and showing me his electronic tools that he uses to help heal scar tissue (I have plenty of it internally from the various muscle tears in my abdominals that Iââ¬â¢ve been dealing with for the past few months). I will be hiring Yaw for a full healing session in the next few days. Saying Yes in Business Also in the past week, I completed a questionnaire for Brava Magazine about, amongst other things, how my business got started. My interaction with Yaw and the way my business got off the ground have some parallels. When I first started my business, I became active on LinkedIn, where someone offered to help me and I said yes. A marketing professional, his idea was for me to offer free LinkedIn profile reviews to members. I said ââ¬Å"yes,â⬠which led to my writing articles about LinkedIn and being asked to lead webinars (I said ââ¬Å"yesâ⬠to those requests too). I was open to what came into my life, and by saying ââ¬Å"yesâ⬠eventually built a business and wrote my best-selling e-book, How to Write a KILLER LinkedIn Profile. The Alternative If I had said ââ¬Å"noâ⬠to Yaw, or ââ¬Å"noâ⬠to the marketer on LinkedIn, or ââ¬Å"noâ⬠to the people who wanted me to deliver a webinar, my week at Dance Camp and my life would look much different right now. Of course itââ¬â¢s impossible to say yes to every opportunity that comes along, and I make choices all the time. But I wonder how many opportunities I let pass me by that would be a contribution to my life? What are you saying ââ¬Å"yesâ⬠and ââ¬Å"noâ⬠to in your life? Is there more room for ââ¬Å"yesâ⬠? What have you said ââ¬Å"yesâ⬠to that has led to something unexpected? Iââ¬â¢d love to hear your thoughts and stories. And maybe Iââ¬â¢ll take next week offâ⬠¦ Category:Life and LeadershipBy Brenda BernsteinAugust 13, 2013 2 Comments Martha says: August 13, 2013 at 6:33 pm Good point, as usual, Brenda. My usual problem is saying yes to too much. However, I recently agreed to help a friend with her resume that has led to development of a potential new business for both of us. Even if it doesnt come to much, it has been exciting and reaffirming to work with her on this project. Log in to Reply The Essay Expert says: August 13, 2013 at 11:08 pm Thanks for your comment Martha. Agreed, saying yes too much can come with its own problems! Glad your offer to your friend led to something exciting! Log in to Reply
Thursday, November 21, 2019
Environmentalism Today Essay Example | Topics and Well Written Essays - 2000 words
Environmentalism Today - Essay Example However, man has increasingly become involved in the growth of economic activities and has paid little heed to the protection of the nature. The natural resources have been exploited for economic gains and the world today faces a serious problem of degradation of the environment. This issue has assumed importance because of the fact that exploitation of the environment has led to the danger of destruction of the civilization. The political world has gauged the gravity of the situation and has been rallying hard to protect the environment from destruction. The political world is the authority in the modern world to introduce and alter policies regarding any changes in system. The political world consists of political parties who are influential in the implementation of laws in the social system. The political parties control the democracies in the world. Therefore, the political parties in effect have the responsibility of controlling the policies regarding the protection of environme nt. (Ryan, 2006) The paper deals in the relation between the security of the environment and the politics in the modern world. It is a fact that the political parties are trying relentlessly in making the issue of guarding the environment an important one. The paper will look explore the subject in detail. It is a well-known fact that the existence of mankind i... The nature has provided us with all that is needed for existence. The destruction of the nature will therefore lead to the destruction of mankind. The earth is influenced by biodiversity- the variation of life in an ecosystem. Biodiversity is an important reason for our existence and it is also responsible for supplying us with the basic needs like food, water and air. It has been influential in making the earth a suitable place to live in and has also made it beautiful. It has an intrinsic value to mankind with all its variation of plants and species. It has an important effect in creating economic value to mankind. Research has proved that all the species of nature are equally important to mankind and thus have to be conserved. The extrinsic importance of biodiversity stems from the economic value it gives to the mankind. Biodiversity has made it possible for mankind to gain economic benefits as it provides goods which can be extracted or grown and then can be sold or valued. It ha s made possible for man to grow agricultural products, which is the basis for food supply all over the world. The extraction of minerals like coal and oil is also a product of biodiversity. The activity of extraction from the nature has grown to be one of the most important economic activities over the world and some of the minerals extracted are the driving force of the modern economy. The ecosystem consisting of air, water, land, climate etc. are indispensible for the existence of humans and the value provided by it cannot be quantified in monetary terms. Some economists attempted to measure the value of the ecosystems. They found out that the value of these ecosystems run to over $3 trillion. The value is greater than the total GNP of the modern world. Thus, it is clear that it is not
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