Cortes essays

Cortes papers Cortes: The Life of the Conqueror was composed by Cortes aide, pastor, and secretary, Francisco Lopez de Gomara. The content, an epic written in an elegant style that will in general all the while specify and sum up the introduced achievements, follows the life of Hernan Cortes, quickly addressing his initial life and spending the greater part of its pages itemizing the pilgrims different successes in Mexico. The creator, since he was a buddy, guide, and secretary to Cortes, and was likewise a common cleric, can be supposed to be one-sided towards the glorification of his subject, with whom he was united, what's more, against the local occupants, in his energetic repudiation of the indigenous populaces culture and society. His perspective is one of over the top esteem blended in with the sureness that Cortes each activity was roused by everyone's benefit of Christianizing the new land. The sources utilized by Gomara can be thought to be a blend of direct reports from Cortes, memories, recreations of occasions of which he was not an immediate onlooker, and letters and receipts. As I would see it, the book is a imposing verifiable report that broadly expounds, but on the other hand is an introduction of a verifiable perspective that sees the unitizing power of a Christian God to be its definitive objective, and hence, however it might list physiological and building depictions of non- Christian societies, it in any case fills no other need than to vilify them, while guaranteeing the peruser that the activities of its gallant hero were generally just. In any case, the history is truly coherent, is on occasion entertaining, and doesn't stay away from the intricate introduction of detail frequently found in epic verse, of which it reminded Gomara portrays Cortes youth quickly, expressing that he was an enthusiastic kid who looked for riches and brilliance by venturing out to the ... <!

The Poetry of Judith Wright Essay -- Judith Wright Poems compare Contr

The Poetry of Judith Wright Dynamic This report examines the impacts of Australia just as the all inclusive effect on the verse of Judith Wright. It contains an assessment of both the procedures and the plot behind the sonnets Settlement Man, South of My Days and Eve to her Daughters just as a correlation between the three sonnets. Australia, as Wright⠡â ¦s country, has significantly affected the substance of her sonnets however references to English scenes are steady just as general references to the widespread world. Eve to Her Daughters. ?     Poem Summary The sonnet  ¡Ã‚ ¥Eve to Her Daughters⠡â ¦ recounts unique sin and offers guidance to the ladies (her little girls) of today from Eve with respect to men. The principal verse depicts the results of the fall yet Eve⠡â ¦s acknowledgment of it. The second and third refrains depict Adam⠡â ¦s disobedience to the discipline and the  ¡Ã‚ §insult ¡K the stunt They had played on us⠡â ¨,  ¡Ã‚ ¥They ¡Ã‚ ¦ being God and Satan whom Adam has gathered as a unified resistance. Adam was discontent with the new life and endeavored to fabricate another Eden and put God  ¡Ã¢ ¥out of business⠡â ¦. The third and fourth refrains educate the crowd concerning Adam⠡â ¦s endeavor to see how the world functions and to discredit God⠡â ¦s presence. In his journey to disentangle all that he concludes that on the off chance that it  ¡Ã¢ §cannot be exhibited [it] doesn't exist⠡â ¨. In this procedure he demonstrates that people themselves can't exist and  ¡Ã¢ §refuses to acknowledge the conclusion⠡â ¨. The finish of the sonnet is in a snide tone as a last message to Eve⠡â ¦s  ¡Ã¢ ¥daughters⠡â ¦ that everyone has deficiencies and they generally work out. She recommends that Adam is too obstinate to even consider accepting this and through this he has transformed himself into an undefined conundrum that  ¡Ã¢ §doesn⠡â ¦t exist.⠡â ¨ ?     Universal References The scriptural references to Eve, Adam, Abel and Cain, just as God and Satan are not connected to Judith Wright⠡â ¦s country or any nation specifically yet specifically her Christian childhood. The sonnet reflects women's activist thoughts the same number of her sonnets do and furthermore energize thought by including concealed inquiries inside the sonnet to challenge her crowd. In the third refrain there is referenced various goals that cutting edge individuals are taking a stab at, for example,  ¡Ã¢ §multiplied open doors for safe speculation and higher education⠡â ¨ just as trend setting innovations and interchanges. This refrain has ... ...  Australian References The absolute first line of  ¡Ã‚ §South of my Days⠡â ¨ reveals to us that the sonnet is about Australia as it is Judith Wright⠡â ¦s home nation ( ¡Ã¢ §part of my blood⠡â ¦s country⠡â ¨). The  ¡Ã¢ §tableland⠡â ¨ portrayed in lines 2 and 3 are unmistakably Australian just as the trees referenced in line 4. In refrain 2 the utilization of the word  ¡Ã¢ §yarn⠡â ¨ is likewise Australian. Verse 3 is one of  ¡Ã‚ §Old Dan⠡â ¦s⠡â ¨ anecdotes about a dairy cattle marshal, another unmistakable Australian reference particularly with the incorporation of a dry season referenced and the Hunter Valley. Verse 4 is another story containing references to specific places, for example, Tamworth and the Bogongs, just as explicit references to Australian legends, for example, the Cobb and Co. mail administration and Captain Thunderbolt the bushranger, which are all extraordinarily Australian. End The harmony among Australia and the widespread in the verse of Judith Wright is genuinely despite the fact that it leans more towards Australian verse. The fundamental references in her verse are towards England, Australia and the Bible, all of which she had grown up with and had clear solid impacts on her. The affection for her nation Australia is obvious in huge numbers of her sonnets.

The Different Types of Alcohol Problems

The Different Types of Alcohol Problems Addiction Alcohol Use Print The Different Types of Alcohol Problems By Buddy T facebook twitter Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Learn about our editorial policy Buddy T Medically reviewed by Medically reviewed by Steven Gans, MD on July 23, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on October 18, 2019 Peter Dazeley / Getty Images More in Addiction Alcohol Use Binge Drinking Withdrawal and Relapse Children of Alcoholics Drunk Driving Addictive Behaviors Drug Use Nicotine Use Coping and Recovery When we talk about someone having an alcohol problem, it does not necessarily mean that they are an alcoholic. Problems with alcohol can range from occasionally drinking at harmful levels to full-blown alcoholism, or alcohol dependence. Not everyone who has an alcohol use disorder is an alcoholic, and not everyone who could benefit from treatment is an alcoholic. You dont have to exhibit all of the symptoms to have a drinking problem. Under the diagnosis guidelines in the Diagnostic and Statistical Manual of Mental Disorders (DSMâ€"5), published by the American Psychiatric Association, there are 11 symptoms of alcohol use disorders. If someone displays only 2-3 of these symptoms they can be diagnosed with a mild alcohol use disorder. Drinkers who exhibit 4-5 of the symptoms are considered to have a moderate alcohol use disorder, and those with 6 or more symptoms, are diagnosed with a severe alcohol use disorder. Alcohol Abuse and Dependence The designation of mild, moderate, or severe alcohol use disorders is the terminology used in official medical diagnoses. The three main types of alcohol problems are probably more commonly described as: Binge drinkingAlcohol abuseAlcohol dependence (alcoholism) Binge Drinking One of the most common alcohol problems is binge drinking, which is simply drinking a harmful amount of alcohol in any one drinking session. Binge drinking is officially defined as drinking 5 or more standard drinks at one sitting for males (4 for females). Why is drinking 5 or more drinks considered a problem? Scientific research has shown that alcohol consumption at that level can do real harm to your health. There are many different ways that binge drinking can cause serious health problems. Therefore, by definition, if you engage in binge drinking, even occasionally, you have an alcohol problem. You may not have a severe problem, or be an alcoholic, but your drinking is considered hazardous. College Binge Drinking The greatest amount of research into binge drinking has revolved around the drinking habits on college campuses, where it is a common practice among 18-21-year-olds. Research shows that students who binge drink are: More likely to damage propertyHave problems with law enforcementMiss more classesExperience more hangoversBecome injured Research also indicates that students on campuses with higher binge drinking rates experience more physical assaults and unwanted sexual advances. Alcohol Abuse Going out with friends and having a few too many on occasion is an alcohol problem, but it is very common among young people. When those drinking bouts begin to cause you real problems in your life, and you continue to drink in spite of the negative consequences, is when your drinking becomes alcohol abuse. It is considered alcohol abuse if you continue to drink in spite of: Poor performance at school or workNeglect of your responsibilitiesTrouble with the lawDrinking while driving If your drinking has caused you problems in other areas of your lifeâ€"social, legal or personal problemsâ€"and you continue to drink despite those reoccurring problems, then your level of alcohol consumption has become abusive. Because alcoholism is considered a progressive disease, if you do not get help for your alcohol problem at this stage, you could be headed for much more severe problems. Alcohol Dependence Alcohol abuse can turn into alcohol dependence very quickly and usually does so along a predictable path. Not only do you continue to drink despite growing problems in your life, but continue after your alcohol consumption begins to affect you physically. People who are alcohol dependent: Continue to drink despite physical or psychological problemsBegin to crave alcohol when not drinkingDevelop a tolerance for the effects of alcoholHave withdrawal symptoms when not drinking Once someone reaches the alcohol-dependentâ€"or severe alcohol use disorderâ€"stage, it is much more difficult for them to try to get and stay sober, because they have developed a physical addiction to and psychological dependence upon alcohol. In short, they have become alcoholics. It is much easier to quit drinking before reaching the alcohol dependence stage, but unfortunately, many drinkers do not reach out for help until their drinking causes them overwhelming negative consequences, a phenomenon known as hitting bottom. Do You Have an Alcohol Problem? Answering questions about having an alcohol abuse problem will give you an idea if your drinking patterns are safe, risky or harmful. Be honest with yourself. Only you will see the results of your test and you can only benefit if your answers are accurate.

Essay about Rhetorical Analysis “the Challenger Address”

Rhetorical Analysis: â€Å"The Challenger Address† The rhetorical situation refers to â€Å"a situation in which people’s understanding can be changed through messages.† (Zarefsky, 12). The rhetorical situation analysis consists of four elements: audience, occasion, speaker and speech, each assessing the quality of speech. In this essay, I will analyze the rhetorical situation of the historical speech â€Å"The Challenger Address† delivered by the 40th president of the United States, Ronald Reagan. Americans had high expectations of the space programs which intended to provide the United States a great sense of achievement. The significance of the space program lies in essence in which symbolized American glory in science and technology. (Lambright)†¦show more content†¦In this aspect, he promised fellow Americans by saying â€Å"We’ll continue our quest in space,† â€Å"nothing ends here; our hopes and our journeys continue.† One of the significant events of Reagan that influenced public was Iran-Contra affair in 1986, which the United States was found guilty by the International Court of Justice of war crimes against Nicaragua. As a result, Reagan’s popularity slipped from 67 percent to 46 percent in less than a week (Mayer). By the time, it was the low point of the Reagan presidency (157, Ehrman) Add to this situation, the failure of space program led to negative ethos of Reagan in public’s mind. President Reagan understood this situation and tried to calm the hostilities by delivering the speech sincerely. The last element of the rhetorical situation is speech. Reagan’s primary objective of this speech was to show his condolence to those of who suffered from the accident and involve audience to join for grief. Throughout his speech his ideas were carried in a coherent way, without deviating from his objective. Reagan achieved this through using various words and phrases that magn ify his emotion. Using phrases such as â€Å"slipped the surly bonds of earth to touch the face of god† illustrated his feeling towards the situation without much of explanation. In addition, because he understood that the audience of this particular speech consisted of diversity ofShow MoreRelatedRhetorical Analysis: the Challenger Address 720 Words   |  3 PagesRhetorical Analysis: â€Å"The Challenger Address† The rhetorical situation refers to â€Å"a situation in which people’s understanding can be changed through messages.† (Zarefsky, 12). The rhetorical situation analysis consists of four elements: audience, occasion, speaker and speech, each assessing the quality of speech. In this essay, I will analyze the rhetorical situation of the historical speech â€Å"The Challenger Address† delivered by the 40th president of the United States, Ronald Reagan. AmericansRead MoreAnalysis of Ronald Reagans Sppech, The Challenger Disaster1723 Words   |  7 Pagesthe Oval Office of the White house, January 28, 1986 President Ronald Reagan delivers his speech The Challenger Disaster; hours after the space shuttle The Challenger explodes while in take off. Thousands witnessed this horrifying event live in person and on television. This mission was very unique allowing the first civilian to ever be allowed in space during a mission. She was aboard The Challenger as an observer in the NASA Teacher in Space Program. Ironically, nineteen years before this disasterRead MoreRhetorical Analysis Of President Reagan s Address1621 Words   |  7 PagesRhetorical Analysis of President Reagan’s Address to the Nation about the Explosion of the Space Shuttle Challenger Perhaps no greater tragedy defines the American Race for Space than the explosion of the Space Shuttle Challenger before millions of Americans as they watched on live TV in 1986. Building on two decades of successful space exploration kicked off by President Kennedy before his death, by the early eighties the American culture both believed that it was our right to fly into space andRead MorePresidential Transitions During The Transition Period Of The Presidency2504 Words   |  11 Pagesuse of this style by presidents, it is not clear where this methodic governing originated. Using historical analysis and case studies, this paper attempts to discover the origin of campaign-style governing during the transition period of the presidency. Using the word diagraming software â€Å"Wordle,† the research shows trends in certain word usage that provides an in-depth look at rhetorical tools used while in the campaign-style transition. Each president had different speeches analyzed and graphedRead MoreQuestions : Questions On Implicit Conflikt Talk3784 Words   |  16 Pagesother for a specific purpose. Yang et al (2012) illustrate the strategies adopted by two parties ( the challenger and the respondent ) inimplicit conflict talk. They do a contrastive analysis and show that the two parties share some strategies such as questioning, stating, mentioning and promising. They also discover some differences in the strategies of the two parties: the challenger tends to use commenting and satirizing while the respondent tends to employ quoting and token agreement. Read MoreRational Appeasement15291 Words   |  62 PagesMunich+ Classical political thinkers from Thucydides to Machiavelli offer many statements of the anti-appeasement view+ Appeasement, many argue, is not just futile: it is self-destructive+ The danger is most acute when many potential challengers exist+ Acceding to one challenger undermines the appeaser’s reputation for resolve and encourages others to attack, starting a cascade of dominoes+ The argument received a compelling game theoretic formulation in the solutions of Kreps and Wilson and Milgrom andRead MoreEthics and Politics6983 Words   |  28 PagesWhite House, the military, the media, and even portions of the public. The difficulty in the Challenger disaster was that different members of the coalition were in disagreement about how to balance technical and political concerns. These became increasingly salient as the enormously expensive shuttle program encountered one delay after another for safety-related t echnical reasons. At the time of the Challenger shuttle disaster, both Thiokol and NASA were under increasing pressure to produce on scheduleRead MoreEthics and Politics6991 Words   |  28 PagesWhite House, the military, the media, and even portions of the public. The difficulty in the Challenger disaster was that different members of the coalition were in disagreement about how to balance technical and political concerns. These became increasingly salient as the enormously expensive shuttle program encountered one delay after another for safety-related technical reasons. At the time of the Challenger shuttle disaster, both Thiokol and NASA were under increasing pressure to produce on scheduleRead MoreGeneral Electric60506 Words   |  243 Pagesstrategies of rivals. 6. Typically, a company’s strategic choices are based partly on trial-and-error organizational learning about what has worked and what has not, partly on management’s appetite for risk taking, and partly on managerial analysis and strategic thinking about how to best proceed, given all the prevailing circumstances. 7. Illustration Capsule 1.1, The Chief Elements of Southwest Airlines’ Strategy, offers a concrete example of the actions and approaches involved in craftingRead MoreLogical Reasoning189930 Words   |  760 PagesReasons ................................................................................................ 236 Deceiving with Loaded Language ................................................................................................... 238 Using Rhetorical Devices .................................................................................................................. 240 Review of Major Points .............................................................................................

Why Do Bad Things Happen - 1598 Words

Why Do Bad Things Happen to Good People? A Closer Look at the Theodicy Problem Throughout the study of many religions, we are taught that individual actions have a great impact on the outcomes throughout your life. If you live an evil life, you will encounter difficultly and strive, while the good are often rewarded in many different ways. This basic belief becomes complicated when bad things happen to good people. Why do we lose good people to violence and terror? Why would the family that takes care of the homeless have their home destroyed by fire? It does not make sense that people doing good things would be led to suffering, yet we know it happens. The term Theodicy was developed by Gottfried Liebniz (Leibniz, 1985) as a way to â€Å"reconcile belied in a just, benevolent, and omnipotent God with the grim reality of suffering† (Simko, 2012). While this is a good term, we must look deeper to gain more understanding of the reasons behind bad things happening to good people. Good people may face suffering as a part of God’s divine plan. Throughout time people have looked for greater meaning in the world, and one commonality through many of the major religions of the world is the belief that God has a divine plan. We will not always understand how or why we experience life differently, but social order is also a part of this divinity. †It has been common in the history of philosophy and politics to argue that reciprocal inequalities {à   la complementarities) among people livingShow MoreRelatedWhy Do Bad Things Happen?953 Words   |  4 PagesWhy do bad things happen to good people? Where does evil come from in the world? Depending on an individual’s faith, this question might be answered numerous ways. Each religion has their own bases as to why there is evil present, even questioning why a good God would allow suffering. There are four main theories that correlate depending on the religious teachings you believe in and why bad things happen to good people. It is human nature to try to figure out the world around us, and understandRead MoreWhy Do Bad Things Happen?1401 Words   |  6 PagesWhy Do Bad Things Happen to Good People? From a religious standpoint, this is one of the most difficult questions in all of Theology. The curious as well as the critics of Christianity ask this question. If God is all-powerful and all loving, then why does He permit evil and suffering in the world? Various answers have been given but permanently settling the issue is impossible because so many of our answers raise further inquiries. Nevertheless, our lack of ability to answer the question perfectlyRead MoreThe Problem Of Evil : Why Do Bad Things Happen?1152 Words   |  5 Pagessituations it has been seen throughout the world that society blames God for difficult moments. Society has questioned God â€Å"if he really existed why would he allow such evil things to happen†, now the question why do bad things happen to good people is one that I also question myself. There is no simple answer to the question, why do bad things happen to good people? In my opinion, there can be several reasons, for example, I believe evil may see good people as an easy target and takes advantageRead MoreEssay on Why do bad things happen to good people?1732 Words   |  7 PagesWhy do bad things happen to good people? There is one question that everyone asks but to which no one knows the answer: Why do bad things happen to good people? The misfortunes of good people raise problems not only for those who suffer, but also for everyone who wants to believe in a just and livable world and in a fair and compassionate God. Rabbi Kushner, author of Why Do Bad Things Happen To Good People, attempts to bring light to this difficult question. In doing so he evaluates pastRead MoreWhen Bad Things Happen to Good People Essay994 Words   |  4 PagesWhen Bad Things Happen to Good People When someone does something good, great, amazing; however it is said, a reward is expected. That’s just the way the human brain has been trained in many cultures. People think just that with every good deed that is done. Movies have taught us that the â€Å"bad guy† never wins and that a hero will always triumph in the end. Not so much in the real world. Religious views, daily decisions, and just pure coincidence, if you will, all influence the outcome of a goodRead MoreThe Story The Shack 1462 Words   |  6 Pageshow this could happen, why this would happen to his daughter. Ultimately he struggles with God, wanting to know why God would let his daughter be taken away in such a brutal murder. I have faced struggles and sadness in my life that made me cry out to God asking, â€Å"Lord, why did this happen? Where were you when I needed you?† The truth in fact is that God was there by my side every time. God did not want those bad things to happen but He was ther e for me to bring good out of those bad situations. IRead MoreBad Things Happen You Good People And Bad People Alike1405 Words   |  6 PagesBad things happen to good people and bad people alike. There is no such thing as God or Satan. The existence of evil proves that there can be no God. The things that occur in our universe are chance and can be explained by science. Enter humans and you have free will and free thinking which can lead to actions and consequences. Free will gives way to moral consequences. Bad things happen to people because it is part of a greater cosmic roll of the dice. We have evolved and become higher functioningRead MoreSummary Of The Lord Of The Flies 1297 Words   |  6 Pagesâ€Å"Then Jonah went out from the city and sat east of it. There he made a shelter for himself and sat under it in the shade until he could see what would happen in the city. So the Lord God appointed a plant and it grew up over Jonah to be a shade over his head to deliver him from his discomfort. And Jonah was extremely happy about the plant.But God appointed a worm when dawn came the next day and it attacked the plant and it withered. When the sun came up God appointed a scorching east wind, and theRead MoreThe Tragedy Of The 9 / 11 Attack On Our Nation1246 Words   |  5 PagesBeing a Christian we fail to understand sometimes why God allows bad things to happen to good people or bad things to happen in our life when all we are trying to do is live it the best we can. Or like that old saying goes â€Å"when it rains, it pours†. Why does evil exist in the first place if God created the world to be holy and sacred? Honestly we have all asked ourselves this question at least one in our life if not multiple times a week! This is considered a theodicy problem, and thereRead MoreWhy God Should Not Be Blamed On God1707 Words   |  7 PagesMany people throughout history have found themselves asking why evil exists. Or why, an all-powerful, omnipotent, omniscient, and morally perfect God allows evil into the world that he/she created. This question has brought about many answers and much debate between believers and non-believers. I have done a lot of reading on this dilemma and hope to address it through looking at a few key points. First, I want to address the question, what do we, as humans perceive as evil. To answer that question,

Ancient Chinese Inventions Free Essays

Ancient Chinese Inventions It is well known that China has an ancient and glorious history, from the feudal periods ending in 222 BC through the three Imperial and Intermediate Eras, up to the Modern era – over 4000 years of dynastic reigns. It may also be well known that China is the source of many wonderful and useful inventions from spaghetti to gunpowder. This list, however, will take a slightly different slant of the topic: Chinese inventions and developments that were not known to or adopted by the Western (European) world for many decades and sometimes centuries after they were common place in China. We will write a custom essay sample on Ancient Chinese Inventions or any similar topic only for you Order Now Some you may be familiar with, others perhaps less so. First on the list is Row Planting, which is from Feudal period through 6 century BC. The Chinese begin planting crops in rows sometime around 6 century BC. This allows the crops to grow stronger and a lot faster. It allows more efficient planting, weeding, harvesting and watering. There is also proof documented that they realized that when the wind travels over rows of plants it causes less damage to the crop. This development was not introduced in the western world for another 2200 years. A Chinese man by the name of Master Lu wrote in the â€Å"Spring and Autumn Annals†: If the crops are grown in rows they will mature rapidly because they will not interfere with each other’s growth. The vertical rows made for skill, the horizontal rows must be drawn well, for if the lines are straight the wind will pass gently through. Along with the above we have mechanical clock mechanisms. This was invented around 725 AD. This clock operated by dripping water that powered a wheel, which made one full revolution in 24 hours. A bronze and iron system of wheels and gears made the clock rotate. Accurate mechanical clocks were developed because of a belief in the form of astrology. This was based upon the moment of conception rather than the time of birth. In ancient years retainers would listen outside of royal bedrooms to record the possible times of conception of royal children. This event was important enough that considerable effort was devoted to developing accurate timing mechanisms. Next on the list would be the compass, which was developed around Feudal period through 4th cent BC. The Chinese developed a lodestone instrument to ndicate direction which is known as the compass. Upon development the compass were only south pointing and were primarily use for land as divination tools and direct finders. It was written that lodestone makes iron come or it attracts it. Spoons were used to point the direction, while mounted on plates. The spoons were made from lodestone, while the plates were of bronze. Later in year of 1040 thermo-remanence needles were produced for marin ers. The common use of this was recorded around year 1119. The thermo-remanence technology is still in use today. Then we have deep drilling, the Chinese invented a tool used for deep drilling boreholes. This was invented around circa 202 BC through 220 AD. It is listed that some of these boreholes would reach the depths of 4800 feet. This technology would be easily recognizable to a modern engineer. The Chinese would stack rocks with center holes which were tube or doughnut shaped from the surface to the deep stone layer as a guide for their drills. In the search for salt wells the Chinese developed a technology of driving bamboo poles deep into the earth. In addition to brine this drilling also often tapped into reservoirs of natural gas. The natural gas was captured in barrels and used as fuel to evaporate the water from brine to produce salt. They used the gas to boil sea water which separated the salt allowing it to become drinkable. The Chinese also invented gun powder; this was invented around 850 AD. An enterprising alchemist mixed 75 parts saltpeter with 15 parts charcoal and 10 parts sulfur. This mixture had no discernible life-lengthening properties, but it did explode with a flash and a bang when it was exposed to an open flame. What is noted in text from the era is that smoke and flames result so that hand and faces have been burnt, and even the whole house where they were working burned down. Then we have something that is widely used and appreciated throughout countries, cities and societies, the commonly used paper. This was invented around 105 AD and was made from a suspension of hemp waste in water, washed, soaked and beaten with a wooden mallet. A paper mold, probably a sieve of coarsely woven cloth stretched in a four sided bamboo frame, was used to dip up the fiber slurry from the vat and hold it for drying. Initially it was used for clothing rather than writing material. It was used to make body armor for soldiers. Now we have the ancient Chinese great unique invention of porcelain, which was invented around 16 century BC. In very ancient times the Chinese discovered that with the right choice of clay and firing techniques pottery could be made so thin that is was translucent. Such porcelain became universally known as china. Last but definitely not lease we have the known Chinese invention of a fabric that is soft to the skin. This fabric is called silk, which was invented around 3000 BC. For more than two thousand years the Chinese kept the secret of silk altogether to themselves. It was the most zealously guarded secret in history. The Chinese discovered that the cocoons of silk worms could be unwound and the filaments used to weave an especially light strong and beautiful cloth. All of these inventions were invented by original everyday pioneers. The saying goes everyday people do extraordinary things. Out of all of these wonderful inventions that were discussed, the invention of silk, paper, row planting and the mechanical clock mechanism would be the choice of the most important. Let’s briefly go over the reasons why these four would be the most important inventions. The invention of silk has paved the way for centuries of fabric wearers. In the ancient years a person could distinguish who was royalty by the silk garment that was worn. Silk is 100% natural fabric and is healthy for your breathing due to the fact that silk is naturally hypoallergenic. The invention of row planting allowed more efficient growth of produce for farming which allowed more and better food to sell and to eat. The invention of the mechanical clock mechanism has evolved in time to be a much needed daily device called the clock. A clock is an instrument use to indicate, keep and coordinate time. A clock refers to any device for measuring and displaying time. This clock mechanism invention has involved into personal time keepers like a wrist watch, pocket watch etc. The invention of paper would be one of the best great inventions due to the fact that paper is used for everything in daily life. Paper was used to spread information that was on hand written letters. Paper is also used for drawings and painting. Not to mention that paper is used for books, newspaper and lets not forgot paper is used for making what we all love to spend money. Of all of the inventions listed above if there were one invention that would be listed as a must have invention would be the invention of paper. The invention of paper has evolved into the making of paper money. Paper money consists of 1, 5, 10, 20 dollar bills and etc. Money is something generally accepted as a medium of exchange, a unit of account or a store of value. The first advantage to having money is that fact that stuff costs money. If you want things you have to have money to pay for them. Vary rarely do people just give their stuff away, they want something for it and money is the universal trade item. You can trade money for almost anything in the world. If you want a lot of stuff you need to have a lot of money. We now know that we owe a whole lot to the ancient Chinese for inventing so many things that are of important value to our lives. Makes you wonder if they knew back then how important these inventions would become to be. References â€Å"About the Collection. † About the Collection. N. p. , n. d. Web. 20 Aug. 2012. lt;http://www. ipst. gatech. edu/amp/collectiongt;. CHINESEA   INVENTIONS. † Chinese Inventions. N. p. , n. d. Web. 20 Aug. 2012. lt;http://www. vhinkle. com/china/inventions. htmlgt;. â€Å"History of Silk. † History of Silk. N. p. , n. d. Web. 20 Aug. 2012. lt;http://www. silk-road. com/artl/silkhistory. shtmlgt;. â€Å"Natural Gas Exploration. † Natural Gas Exploration. N. p. , n. d. Web. 20 Aug. 2012. lt;http://www . explorations. org/natural_gas_exploration_cont. htmlgt;. â€Å"Origin of Chinese Porcelain. † Origin of Chinese Porcelain. N. p. , n. d. Web. 20 Aug. 2012. lt;http://www1. chinaculture. org/gb/en_artqa/2003-09/24/content_37884. htmgt;. How to cite Ancient Chinese Inventions, Papers

The Rule in Rylands and Flecther remains to be one of strict liabilty. Discuss free essay sample

â€Å"The Rule in Rylands v. Fletcher remains a tort of strict liability. The statement posed to us above is quite contentious, a statement which attracts diverse views from a number of different jurisdictions. The main question to consider here is whether the rule in Rylands v. Fletcher remains an independent tort of strict liability or whether there has been a move towards negligence and nuisance in recent years. There is a great emphasis placed on the rule of Rylands v. Fletcher for law students, however as noted by Lord Hoffman in Transco v.Stockport; â€Å"It is perhaps not surprising that counsel could not find a case since 1939-1945 war in which anyone had succeeded in a claim under the rule. It is hard to escape the conclusion that the intellectual effort devoted to the rule by judges and writers over many years has brought forth a mouse! †1 As mentioned above, a number of common law jurisdictions have diverse views on this issue. We will write a custom essay sample on The Rule in Rylands and Flecther remains to be one of strict liabilty. Discuss or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page I shall discuss each separately throughout my answer. Firstly, in order to provide a fully comprehensive answer, I will discuss the facts of the case. The rule in Rylands v. Fletcher is a decision of the House of Lords which established a new area of tort law. According to Paul Ward; â€Å"it is a land associated tort which is considered to attract strict liability,†2 that is, it imposes liability for harm without having to prove negligence. Ward explicitly lays out that it is a tort that compromises of four elements; of accumulation of a natural thing, which if escapes and causes damage to the plaintiff, the defendant will be strictly liable. 3 The case concerned two adjacent landowners, Rylands and Fletcher. The defendant landowners, Rylands and Horrocks engaged with an independent contractor to build a reservoir in order to supply water to their mill. Due to negligence of the contractors and unbeknownst to the defendant landowners, the reservoir was built above a disused mine shaft, which flooded and collapsed causing water to escape and flood the neighbouring mine owned by the claimants. The plaintiff sued for damages, however a problem arose. At the time of the case, liability could not be based on any of the existing torts for a number of reasons. With respect to nuisance, the court found that the incident lacked continuity; it was not trespass because the flow of water onto land was not a direct impact consequence, and as vicarious liability was not an action at the time, the defendants could not be found liable for the negligent act of the contractor. One would therefore presume that there was no cause of action and that the defendants would escape liability, however liability was imposed. Professor Simpson stated that this was so because of the public anxiety about the safety of reservoirs at the time. 4 Blackburn J.stated the rule as follows; â€Å"a person who, for his own purposes, brought on his land and collected and kept there anything likely to do mischief if it escaped, had to keep it in his peril; and if he did not do so, he was prima facie answerable for all the damage which was the natural consequence of its escape. †5 However it is important to note that the House of Lords did add a further limitation on liability, they altered the notion of a â€Å"thing not naturally there† to a â€Å"non-natural use†, which was described by Lord Cairns as â€Å"that in its natural condition was not in or the land, then if it escapes, the defendant will be prima facie liable.†6 Blackburn, J. judgment was such that it led to the formulation of a new rule of strict liability for damage caused by an escape of something accumulated on a person’s property, if the accumulation is a non-natural use of property. The question today is; is this rule still in operation, one which remains a tort of strict liability? In particular, English, Irish and Australian judges have questioned the eligibility of the rule in recent decades. The main argument is over how one can keep the rule in Rylands v. Fletcher separate from other torts, in describing this Megaw, LJ.stated; â€Å"A regrettable modern instance of the forms of action successfully clanking their spectral chains. †7 The rule is so closely connected to these two torts, it is only natural to ask whether the rule should still claim its independence. I shall discuss this throughout my answer. In relation to Australian law, the rule of Rylands v. Fletcher remains no longer valid since the high court decision of Burnie Port Authority v. General Jones Pty Ltd, which abolished the rule and incorporated it generally into the tort of negligence. This case concerned a fire which started on a defendant’s property, caused by an employee of an independent contractor who was welding negligently. The fire spread to a nearby property causing 2. 5 million Australian Dollars’ worth of damage. The plaintiff sued under nuisance, negligence and the rule in Rylands v. Fletcher. 8 The High Court held that Blackburn’s justification was â€Å"all but obliterated by subsequent judicial explanations and qualifications†9 and that Rylands involved â€Å"quite unacceptable uncertainty. †10 Therefore, thejustices felt that the law should be abolished and that the independent contractor be found culpable under the law of negligence. The new test laid down in this judgment was; A person who takes advantage of his or her control of premises to introduce a dangerous substance or to carry on a dangerous activity, owes a duty of reasonable care to avoid a reasonably foreseeable risk of injury or damage to the person or property of another. Where the person is outside the defendant’s premises, the duty varies according to the magnitude of the risk involved.†11 The judges believed in this case the Authority had breached the duty that it owed to General Jones for the damage sustained in the fire and that this therefore came under the law of negligence. According to Cane, the High Court’s view was that the Rylands rule â€Å"should bow been seen†¦as absorbed by the principles of ordinary negligence, and not as an independent principle of strict liability. † 12 It is clear from my research that the rule remains valid law in English and Irish jurisdictions, but that it is now viewed as a sub-tort of nuisance. Cambridge Water v. Eastern Counties Leather and Transco v. Stockport are two English cases which bring the rule of Rylands v. Fletcher under the wing of nuisance. The former case concerns the defendant who was a leather manufacturer. His employees spilled a solvent used in the tanning process prior to a change in a method; this solvent seeped through the floor and travelled until it met the plaintiff’s water supply. The well became unusable, and hence the plaintiff sued under Rylands v. Fletcher. In his judgment, Lord Goff rejected the claim of the plaintiffs; stating that this is an area of law which should not be developed further and that rather than being an independent tort it should be considered as a sub tort of nuisance. 13 He was of the belief that statutory provisions are a more modern way of dealing with issues which were previously solved with reference to Rylands. This judgment added an important concept to the rule, which is the concept of foreseeability; â€Å"knowledge, or at least foreseeability of risk, is a prerequisite of the recovery of damages under the principle.†14 This is important for us to note as it poses a limitation on the rule, that now in order to impose strict liability, the damage cause by the escape must be reasonably foreseeable consequence of the escape of the defendant. In this particular case, the seepage of chemicals was not reasonably foreseeable and therefore the plaintiff could not recover. One may view this as a way of weanin g out the concept of strict liability; however this is a concept which would be difficult to argue. Transco v. Stockport is also an influential English case dealing with the rule of Rylands v. Fletcher, a judgment which once again questioned the eligibility of the rule as a tort of strict liability. This case concerned the defendant council who were responsible for the maintenance of pipe work which supplied water to a block of 66 flats. A leak developed in the pipes and this was left undetected for a considerable period of time. This water collected at the claimant’s high pressure gas main, the embankment collapsed leaving the gas main unsupported. The claimants took immediate action and sought to recover remedial costs of nearly ? 100,000. 15 While the Lordships protected the rule of Rylands v. Fletcher, however more strict requirements were added which needed to be accounted for before imposing strict liability. It was stated that the escape must be something dangerous and out of the ordinary, which in this case did not include a burst water pipe on the council’s property. Lord Bingham noted; â€Å"to retain the rule, while insisting upon its essential nature and purpose; and to restate it so as to achieve as much certainty and clarity as is attainable, recognising that new factual situations are bound to arise posing difficult questions on the boundary of the rule, wherever that is drawn.†16 Transco disapproved with of the Australian decision in Burnie Port Authority to absorb the rule into the general law of negligence, with Lord Scott stating that it was â€Å"a rather drastic solution and not necessary,†17 but they did agree with the ruling in Cambridge that Rylands should remain valid in law but as a â€Å"sub-species of nuisance†¦while insi sting upon its essential nature and purpose; and†¦restate it so as to achieve as much certainty and clarity as is attainable.†18 In the common law jurisdiction of the United States of America, the rule in Rylands v. Fletcher initially faced very little criticism. There are many situations in which strict liability is applied to actions and according to Woodside; Rylands is commonly cited as the origin of this rule. 19 However, there have also been a number of American judges and scholars who have given notable criticism of this rule, who view it as a very poor decision. The Supreme Court of New Hampshire, New Jersey and New York have all respectfully rejected the rule. Bohlen gives a great insight in his article, he notes of a decision of the Supreme Court of New Hampshire, where an unnamed judge said the rule â€Å"put a clog upon natural and reasonably necessary uses of matter and tend to embarrass and obstruct much of the work which it seems to be a man’s duty carefully to do. †20 These courts believed that the rule enunciated in Rylands v. Fletcher would cause economic harm. Bohlen also argues that the rule established is not trespass nor nuisance as there is respectfully no damage or no continuous action. He argues that the American jurisdiction never accepted the rule because of its â€Å"limited applicability. †21 On the other hand, Woodside notes that some Americans use the rule of Rylands v. Fletcher to justify absolute liability, an offence to which there is no defences. 22 This was never the intent of Lord Cairns in his judgement. Therefore it is very unclear as to whether the rule of Rylands v. Fletcher remains a tort of strict liability within the American jurisdiction. The Scottish jurisdiction, like Australia, has also abolished the ruling of Rylands v. Fletcher. The principles of Rylands v. Fletcher were first applied in Scots law in the case of Mackintosh v. Mackintosh, however according to Cameron; it was applied in such a way as that negligence was still the ground of liability. 23 However, the absolute use of the rule was abolished with the RHM Bakeries v. Strathclyde Regional Council when Lord Fraser stated that strict liability had no place in Scots law and that it was â€Å"a heresy that should be extirpated. †24 Finally I will make reference to New Zealand. The law regarding the rule of Rylands v. Fletcher remains unclear in this jurisdiction. A recent article by The Honourable Justice Chambers discusses the inter-relationship between the torts of nuisance, negligence and the ruling in Rylands v. Fletcher. The argued that there is a need for simplicity in the law of tort, â€Å"Where the law is clear, where the principles are clear, there are usually few cases†. 25 The recent Autex Industries Ltd v. Aucklands City Council case clearly illustrates how the law in New Zealand is unclear regarding this issue. A water main belonging to Auckland City Council burst and caused damage to Autex’ premises, plant, equipment and stock. Autex sued the council for damages. Strict liability and negligence were pleaded. Autex argued that this was a Rylands v. Fletcher case and therefore negligence did not need to be proved. 26 The Court of Appeal divided on their judgment; the majority believed that there was not sufficient evidence before them to make public policy decisions. These decisions should not be based on intuitivestatements, the consequences which flow from them should also be considered. 27 The minority on the other hand disagreed with the judgment in the Australian Burnie case. It is also important to note that in the Hamilton v. Papakura District Council case that it was established that there is no difference in the foreseeability test between nuisance and negligence. The Honourable Justice Chambers states; â€Å"The moment one states that as a proposition, one realises that it is absurd to continue talking about nuisance or Rylands v Fletcher as strict liability torts. They are not.†28 This leaves a question as to whether New Zealand will follow the court of Australia and abolish the rule in Rylands v. Fletcher or if the law will remain valid. With all the criticism posed above, can one still say that it is an area of strict liability? It is clear from the information which is presented in the above paragraphs that there is no clear answer as to whether the rule in Rylands v. Fletcher remains one of strict liability. Each common law jurisdiction appears to have different views on this rule. It is a contentious issue, an issue which is in need of worldwide reform.