Thursday, January 30, 2020

Making Connections Essay Example for Free

Making Connections Essay In â€Å"Werner†, Hoeflich is sharing very intimate and specific details about his experience. Beard Probably met Hoeflich on several occasions in order to gain his trust before he was able to collect some of the details that he included in his work. It most likely took Beard days of asking just the right questions to write â€Å"Werner. † In this piece, Werner is presented as both weak and strong. In the beginning of the story, he is completely caught off guard by the fire in his home, but then the author follows with a story of Werrner cliff diving. Beard describes Werner diving out of his apartment window with athletic elegance, and then proceeds to tell us about Werner crying in the ambulance. At the end of the story, Beard describes Werner â€Å"never being able to confuse himself with the old Werner. † I am left wondering what Werner did after his accident. We know he always felt pain since, but I wonder in what other ways it affected his life. Zinner emphasizes balancing quotes with narrations which Beard did very well. He also spoke of not changing the quotes in order to preserve the character’s voice. Beard did a very good job of depicting Werner’s personality through the quotes he chose. 2. Gladwell began the piece by describing an event very vaguely, and then slowly gave us more details. He ended the story by teaching us one of the lessons that Cesar learned through his experience. I like that Gladwell keeps us wondering at the beginning of his piece. He could be talking about any number of things. I liked the ending because the reading was able to see another side of Cesar. Bow, not only was he an expert on dog behavior; he knew quite a bit about human behavior as well. I didn’t like that he chose to describe Cesar in his introduction. I also didn’t like that in the conclusion, he told a story of Cesar failing to be able to do his job. I would have described Cesar after I finished telling the story of Sugar and Lynda. I would have told the story of Cesar failing before I talked about Cesar learning about human behavior. Gladwell did a good job of hooking the reader. After the first sentence, I was left wondering what Gladwell was talking about. He also did a good job of knowing when to end the story. If he had continued on for much longer, the reader would have lost interest. 3. Ingram’s message was that this was she experienced was a very confusing time for everyone. Not all Germans hated Jews, and not all Jews resented Americans. She wanted to provide a different perspective on the war than the ones we hear most often. When I was finished reading this piece, I felt a sense of sadness. Ingram wanted us to see that although the Hamburg people were grateful for being saved, they were still haunted by the sight of their dead neighbors and friends. In order for any good to come, sacrifices had to be made. Ingram begins her memoir with a story of her bravely saving her mother’s life and uses very frank and blunt language in order to establish power. Zinner recommends that an author write without being to egotistical and to use vivid sight and smell language. Ingram did a very good job of painting a picture in the reader’s mind without making herself the hero in every situation. 4. Rodriguez was trying to tell us that there is a big change coming in California and in America. No longer do you have to come to California to live your dream. A person can stay at home and achieve it just as easily, but don’t be surprised when it doesn’t come true. I imagine that the audience had a love/hate relationship with this piece. They thought it was beautifully written and brought up excellent points, but hated to admit that what Rodriguez was saying was true. In describing East Cobb, I would use the terms† large houses, fast food, many cultures, crowded schools, crowded streets, expensive cats, large lawns, family secrets, intelligent kids, and drug abuse. Rodriguez described the California that we all know, but he also went deeper and described to us in great detail the California that very few people see. 5. Singer posed a question. Then, he spent a paragraph or two answering the question. He did this repeatedly throughout his work and added supporting details along the way. Singer gave a very convincing argument. He appealed to the emotions of a sensitive reader with the child in the pond analogy. HE appealed to the logic of a skeptical reader with all his statistics. This article would persuade most people to be more charitable. It would not provide a very convincing argument to the people with lower incomes. Singer did a very good job of cutting the clutter. He used simple language and said exactly what he meant. I also felt Singer’s personality through his writing. He is very realistic and believes that we should all be more charitable.

Wednesday, January 22, 2020

The Relation of Rights to the Real :: Ontology Bentham Papers

The Relation of Rights to the Real This paper approaches Bentham's ontology of rights from a viewpoint influenced by American philosophical pragmatism. I examine how rights are conceived and discussed in relation to the real. Jeremy Bentham maintained that all rights are "fictitious entities." But, in privileging "political" over moral and natural rights, Bentham implies that legal rights stand in a privileged position over natural rights with regard to the relation of mind to the actual. By reason of its enforceability through sanctions, a legal right for Bentham has a privileged connection to the real. I argue that nonlegal rights can be conceived as bearing a roughly parallel relation to the real in guiding human conduct by suasion rather than sanctions. Their relationship to "something real and observable" is their relation to voluntary conduct through belief. Bentham's ontology dictates a distinct legal and political system. Practically, it leaves the real existence of rights entirely in the hands of government o fficials, and the only choice of humans interested in securing rights lies in their enactment and enforcement in and through a legal regime. In this paper I will approach Bentham's ontology of rights from a viewpoint influenced by American philosophical pragmatism. In order to do so, some introductory remarks are necessary. There is more than one version of "American pragmatism," but I think it safe to say that there are only two that are relevent here; I will call them A and B. Pragmatism A finds its main sources in Peirce, James, Dewey, and Holmes, and tends toward what might roughly be identified as ontological realism. (1) Pragmatism B draws from a somewhat different reading of Dewey and Holmes, not so much from Peirce and James, and has been profoundly influenced by Wittgenstein and the so-called linguistic turn in philosophy; its principal exponent has been Richard Rorty. It tends toward both "antirealism" and, some might say, a contemporary nominalism. For those interested I will provide explanatory references (2) and proceed to pragmatism A, which is the preferred version for me and the approach I find so helpful. Why? Because I find the literature of law and rights filled with distinct and often conflicting ontological assumptions. In a moment I will give an example. But to summarize the paper, we must start with the fact that there are conflicting theories of law and its leading categories, from the most general (e.g. rights) to the more specific (like contract).

Monday, January 13, 2020

Education is a significant tool Essay

Rodriguez and Freire could share an agreement on the fact that education is a significant tool on the path leading to success. Freire would disagree with Rodriguez on the fact that there is no â€Å"end of education†. Richard Rodriguez and Paolo Freire write of education as the core factor in one’s life. Two Million Minutes, the film makes the argument that U.S. students are performing at a mediocre level, at best, in math and science, and that this cannot stand, given the growing economic and educational might of nations like China and India. U.S. student’s aren’t being pushed hard enough and are just getting by through high school, with the help of The Banking Concept of Education and The Achievement of Desire we can make a change in the student’s education and attitudes towards wanting to be successful in life. Through Freire’s lens, Richard Rodriguez would be seen as a banking student, but could later be seen as a problem-posing student throughout the course of his life; in the eyes of Freire, Rodriguez was considered a receptacle which he did not understand the knowledge he absorbed. With this comparison, the reader can conclude that the banking education is a great part of a student’s life; as seen in the documentary, 2 Million Minutes, students use all their time they have in high school, studying, memorizing their school curriculum in order to get a great education at a high level university to become very successful in their lives. This all ties into how the political aspect of the classroom has an impact on the society as a whole and having this power can change generations to come. The types of relationships Rodriguez had with his teachers, family and in life was affected by specific styles of education and as he looked through Freire’s lens of the banking concept, he came to realized that that method of education had a detrimental effect on his life. Early on in Rodriguez’s essay he illustrates the characteristics of an automaton which confirmed Freire’s views regarding the banking concept. Despite his definition of a â€Å"scholarship boy†, Rodriguez lacked self-confidence which led him to be overpowered by his teachers and his books. Through Freire’s lens, Rodriguez would be considered a waste basket. He was filled not only with his  teacher’s knowledge, but also with information obtained from his â€Å"important† books. Rodriguez seems to be a classic student of Freire’s banking system. Rodriguez shows signs of fleeing away from the ways of the banking concept early on. He concedes by saying, â€Å"I became the prized student anxious and eager to learn. â€Å"Too eager, too anxious an imitative and unoriginal pupil.† At the time Rodriguez was simply just absorbing the narrated information that he obtained from his teachers and books. Even though he was able to narrate the information he received, he did not truly know or understand the knowledge he absorbed. Rodriguez and Freire both state that education is vital for success. Freire states that, â€Å"Projecting an absolute ignorance onto others, a characteristic of the ideology of oppression, negates education and knowledge as processes of inquiry† (Freire 3).Rodriguez did not question or analyze the information; he simply accepted and deposited the knowledge without any doubts. By learning to use his education wisely and make connections between different texts, he heightened his intelligence. In 2 Million Minutes the featured American students Neil and Brittany are certainly intelligent, but they seem more concerned with extracurricular activities and friends than with their studies. Indian students Rohit and Apoorva, however, and Chinese students Xiaoyuan and Ruizhang all plan careers in math or science, and their families and schools support these goals. The film incorporates these students’ descriptions of their high school experiences and future aspirations with the hopes of their parents, and filmmakers juxtapose scenes from the different homes and schools. As it states â€Å"knowledge is a gift bestowed by those who consider themselves knowledgeable upon those whom they consider to know nothing.†(pg.1) Freire is stating that the students do not know anything and that the job of the teacher is to fill the â€Å"piggy bank† of the students’ minds with coins of knowledge. If we just give the students what they want and don’t allow the m to engage back then they aren’t really learning anything. They should both be able to state their opinions, have conversations in which both students and teachers participate, and the students should have the opportunity to lead discussions. This way students develop a relationship with their teachers, their peers, and the world. This will enable them to receive an education where the teachers do not oppress the students, and there is a dialectical relationship between the two;  showing that they care and really want to be informed and learn something new. Although Freire and Rodriguez have different opinions, they both agree that education is the dominating event in the shaping of an adult life. Paulo Freire and Richard Rodriguez opinions of education are almost completely opposed, but they come to a conclusion of agreement in that the primary educational goal is to form a relationship with oneself, and with the world. Rodriguez spent many years of education fulfilling the â€Å"banking† concept, and although he later recognizes the loss it entailed, he primarily believes that imitation plays an important role in the process of education for one must do this to succeed. Here, Freire would argue that the educational system is currently oppressive towards the students, and that there is a sense of necrophilia behind it all, that being the love of death. This love of death, he explains, is the technique of teaching based on memory. Rodriguez would contradict this explanation of education, relaying that â€Å"banking† plays a large role in the success of the student. Freire and Rodriguez have opposing views on the ideas of imitation, alienation, and power, Freire believing all of these concepts need to be removed or reformed and Rodriguez believing that they are important aspects for academic success. Freire’s view on Rodriguez is that he truly didn’t understand what he was being taught, and that’s where The Banking Concept of Education comes in which Rodriguez isn’t communicating with his teachers he’s just listening to what he’s being taught. Paulo Freire and Richard Rodriguez have contradictory views concerning education. Paulo Freire discusses the negativities of present education and explains how it should be reformed, whereas Rodriguez illustrates his own life in education, and how it led him to be the person he is today. Freire believes in â€Å"problem posing education† which consists of an alive, dynamic change in students, allowing them to become humanized with a relationship with the world. 2 Million Minutes it stated that U.S. students aren’t focused and determined to do well in school like those in other countries like India and china. In comparison between the United States with China and India, there is a definite difference between the difficulties of the curriculum within the educational system. Even though we would believe that the educational system in U.S. is the complete and the most perfect one in the world; the amount of the curriculum contents students learn are actually a lot less than students in China and  India. Freire would argue that if Rodriguez was educated under the method of problem-posing he would have embraced his home life and would have developed as an individual. In the end Rodriguez had balanced his life out and reconnected with his family. Education in the end helped Rodriguez realize that other elements of his life are important. Both Freire and Rodriguez believe that a person cannot be without education.

Sunday, January 5, 2020

Does the Death Sentence violate the Eighth and Fourteenth Amendments - Free Essay Example

Sample details Pages: 4 Words: 1258 Downloads: 9 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Act Essay Did you like this example? Main Issue Whether the death sentence violates the Eighth and Fourteenth Amendments? Relevant Legal Concepts â€Å"Reasonable people can differ about whether the ethical judgments embodied in these legislative and judicial decisions should be legally sanctioned as the public policy of the state.† (p. 64) â€Å"A person whose behavior is consistent with moral principles is said to have integrity†¦People are also concerned about ethical behavior in their personal lives. They worry about whether a person with whom they have shard a confidence is trustworthy.† (p. 71) â€Å"Ethics, which is the study of morality, is one of the five traditional branches of study within philosophy..Ethicists are concerned with what makes conduct morally right or wrong and the essential nature of moral responsibility.† (p. 72) â€Å" .Is killing in self-defense wrong or â€Å"What ought a physician do when a patient dying of a terminal diseas e asks for assistance in committing suicide? Modern ethicians primarily focus on normative moral issues rather than metaethical, although this tendency is of recent origin and primarily†¦Ã¢â‚¬  (p. 72) â€Å"Although law can contribute rules that embody moral norms, law in our democracy is not expected to play the primary role in promoting ethical behavior in society.† (p. 73) Relevant Case Law Gregg v. Georgia, â€Å"The common-law rule imposed .mandatory death sentence on all convicted murderers†¦narrowing the class of murders to be punished by death.† (p. 65) â€Å"And the Fourteenth Amendment, no State shall deprive any person of ‘life, liberty, or property’ without due process of law.† (p. 65) â€Å"†¦.death penalty cannot be said to violate the constitutional concept of cruelty.† (p. 65) Rationale Jonas had been questioned regarding his former girlfriends death. There could be a completely good reaso n why he had dried blood on his clothes, muddy boots, a bracelet with the name of his ex-girlfriends on it, or the bloody survival knife in his room. Even though the evidence in his room looks as if he was guilty, he still has the right to a reasonable trial as well as being protected by the law. An individual’s mental capacity is very important in the penalty phase. If in fact he had a diminished mental capacity and was guilty of murder and sentenced to death, it could be regarded as cruel and unusual punishment because it would violate his Eighth and Fourteenth Amendment right because he was not mentally stable. Since some statutes can split a criminal trial into a guilt and penalty phase, it can also give jurors frustrating and justifying factors in considering the death penalty. A court can reject the idea that Capital Punishment is severe and unexpected punishment under the Eighth Amendment as well as remove it as a punishing option for crime that is not one of mur der. If states dispensed it fairly and rationally so that it would serve a legitimate need, capital punishment could be considered constitutional. Ruling In this case, I would rule in favor of Jonas because his mental capacity would not be that of a killer. An individual who commits murder, usually will hide the evidence or dispose of it from a bridge into the water and not have it in their bedroom where there is a chance a parent will find it. He obviously had no reason to hide the bloody survival knife and muddy boots. Main Issue Whether other facts in the case are as such that the defendant can not be prosecuted. Relevant Legal Concepts â€Å"Although law can contribute rules that embody moral norms, law in our democracy is not expected to play the primary role in promoting ethical behavior in society. . athletic teams, and business, professionals, and fraternal groups of all types are expected to fill the void.† (p. 73-74) â€Å"They often establish ethical codes, rules (such as those prohibiting, â€Å"unsportsmanlike conduct† or â€Å"conduct unbecoming an officer†) and discipline and even expel members who violate their teams.† (p. 74) Relevant Case Law In State v. Mobbley, â€Å"†¦where the meaning of the statutory language is plain, and where the words used by the Legislature are free from ambiguity, there is no basis for interpreting the statute.† (p. 77) â€Å"The statute does not exempt a defendant from prosecution.† (p. 77-78) Rationale The laws are a standard in how Americans should act and treat others in society. Some individuals are held to the higher standard due to their education; especially anyone in law. When an individual has taken an oath to support the law and the constitution of the United States, they are making a promise to protect it no matter the consequences. District Attorney Schultz took that same oath. Encouraging her to lie and to not disclose the results was a direct violation. Although he is working towards reelection and this case would help him to keep his position, he would commit a injustice because although the DNA came back negative, does not mean their DNA can not be used on other cases, thereby not bringing them to justice on the other ones. His getting an unjust enrichment for keeping quiet does not uphold the law or helping the other victims. Ruling In this case, I would not re-elect District Attorney Schultz because I could not trust him to uphold the laws that he had taken an oath to protect. The court should rule a judgment against the players because I believe if the District Attorney had mentioned the DNA and he had used that DNA on other cases, they would be guilty in other cases involving violence toward women. Main Issue Whether a felony or misprision had been committed. Relevant Legal Concepts â€Å"Misprision of a felony is another common law crime .makes it criminal for a person t o fail to tell authorities of the commission of a felony of which he or she has knowledge.† (p 79) â€Å" .absence of a legal duty to act, the law has generally left the decision†¦.up to each individual’s conscience.† (p. 81) Relevant Case Law from Text In Holland v State of Florida, â€Å" .existence of misprision of felony as a crime at common law was to aid an alien, dictatorial sovereign .† (p. 80) â€Å" .the duty of a citizen to accuse every offender, and to proclaim every offense which comes to his knowledge; but the law which would punish him in every case, for not performing this duty, is too harsh for man.† †¦. (p. 80) Rationale Michelle committed larceny when she took the bags of money and gambled it, thereby depriving the true owner of the property. Morally, stealing is wrong, especially when it has to do with the FDIC and the individual intends to re-pay it back. But while individuals are not perfect, they tr y and make the right decision, such as in this case. Ethically she should be obligated to return the money and be penalized for waiting the three days to return it because the bank that it belonged to probably was depending on it. If everyone informed the authorities all the times they did something wrong or what they saw, the court system would be flooded with cases. It is unreasonable for individuals to confess what they did and how it would be corrected. On a personal note, I believe she should serve some time in jail for what she did because it is wrong to take something that doesn’t belong to you. Not reporting it afterwards is just as bad as taking it in the first place. Ruling Legally, there isn’t a crime of misprision for failure to report as a felony, thus, she should not do any jail time for her action. Although she should pay a fine for it. Don’t waste time! 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