Saturday, May 23, 2020

John Stuart Mill s Version Of Utilitarianism - 2088 Words

In the Utilitarian doctrine the consideration of pleasure and pain is constrained to ends. By this doctrine pleasure is the only thing desirable as an end and pain is the only thing undesirable as an end. Everything else is good or evil as it tends to promote pleasure or pain*. I will argue that pain should be considered as a means as well as an end and show that this is consistent with John Stuart Mill’s version of Utilitarianism. Conjoining the consideration of pain as a means and the notion of association of ideas, I will give what I hope is a unique explanation as to why higher pleasures are so often considered superior to lower pleasures. Finally I will end with a short exposition that may help to explain Mill’s mental crisis of 1826 by using the ideas advanced in this paper. Pain and pleasure are experienced partially relative to each other. A given experience will be inherently pleasurable or painful, but previous experiences influence the experience of pleasure or pain. Relevant for this essay, painful experiences tend to increase the pleasure of subsequent experiences. I will illustrate this with an example. Relative to getting a finger jabbed in your eye, not getting a finger jabbed in your eye is pleasurable. Relative to a state of ecstasy, a normal state in which you are not getting your eye jabbed is painful. In both examples, the normal state of not getting a finger jabbed in your eye is the same, except for what came prior. In the first case the priorShow MoreRelatedUtilitarianism : Bentham And Mill766 Words   |  4 PagesUtilitarianism: Bentham VS. Mill Utilitarianism is a normative ethical theory that holds the morally right course of action in any given situation is the course of which yields the greatest balance of benefits over harms. More specifically, utilitarianism’s core idea is that the effects of an action determine whether actions are morally right or wrong. Created with philosophies of Jeremy Bentham (1748–1832) and John Stuart Mill (1806–1873), Utilitarianism began in England in the 19th Century. Read MoreUtilitarianism and Omelas Applying John Stuart Mills Utilitarianism to Ursula Le Guins The Ones Who Walk Away from Omelas1220 Words   |  4 Pagesreasons in which a follower of John Stuart Mill s Utilitarianism would disagree with the events taking place in Ursula Le Guin s The One s Who Walk Away from Omelas. The creed which accepts as the foundation of morals, Utility, or the Greatest Happiness Principle, holds that actions are right in proportion as they tend to promote happiness, wrong as they tend to produce the reverse of happiness (Mill 55). This is how Mill first presents the idea of Utilitarianism. If it promotes happiness itRead MoreThe Differences in John Stuart Mills and Jeremy Benthams Versions of Utilitarianism2151 Words   |  9 PagesThe Differences in John Stuart Mills and Jeremy Benthams Versions of Utilitarianism In what ways did John Stuart Mills version of utilitarianism differ from that of Jeremy Bentham? Which do you consider preferable? The Cambridge International Dictionary of English defines utilitarianism as the system of thought which states that the best action or decision in a particular situation is the one which most benefits the most people. This is the main idea of the system of thought and it isRead MoreMill vs. Bentham2787 Words   |  12 PagesIn what ways did John Stuart Mills version of utilitarianism differ from that of Jeremy Bentham? Which do you consider preferable? The Cambridge International Dictionary of English defines utilitarianism as the system of thought which states that the best action or decision in a particular situation is the one which most benefits the most people. This is the main idea of the system of thought and it is from this the beliefs and opinions of John Stuart Mill (1806 - 1873), Jeremy Bentham (1748Read MoreWhat Makes An Action Moral Can Not Be Had Without Thoroughly Examining The Theories Of Immanual Kant And John1696 Words   |  7 Pagesthe theories of Immanual Kant and John Stuart Mill. Mill bÐ µliÐ µvÐ µd that an action s consÐ µquÐ µncÐ µs dÐ µtÐ µrminÐ µ its moral worth, whilÐ µ Kant arguÐ µd that morality of thÐ µ action dÐ µpÐ µnds on thÐ µ good will. BasÐ µd on thÐ µ two contradicting thÐ µoriÐ µs abovÐ µ, this papÐ µr will support Mill s viÐ µw of thÐ µ moral worth of an action bÐ µcausÐ µ it is dÐ µtÐ µrminÐ µd by its practical and usÐ µful consÐ µquÐ µncÐ µs in our sociÐ µ ty. Kant’s dismissal of an action s consÐ µquÐ µncÐ µs is irrÐ µlÐ µvant to our sociÐ µty s moral valuÐ µs. ThÐ µ aim of this papÐ µrRead MoreUse Of Consequentialism, Desire Satisfaction Theory And Objective List Theory1345 Words   |  6 PagesConsequentialism is an approach to Ethics that argues that the morality of an action is reliant on the action s consequence (Mastin, 2008). This theory is based on two main principles, first, that the rightness or wrongness of an act depends solely on the results of it and secondly, that the better act is the one that produces more good as a consequence. What is meant by consequence here is everything that a certain action brings about, including the action itself. The good end required by an actionRead MoreUtilitarianism : The Morally Right Action1194 Words   |  5 PagesTulasha Thapa Final Paper Utilitarianism Utilitarianism states, â€Å"The morally right action is determined by the consequences of the action, not the motives of the agent†. Utilitarianisms consider happiness to be the foundation of morality. The famous version, â€Å"act utilitarianism,† says the morally right action is the one that brings about the greatest consequence of the greatest number of people. Mill thought it was obvious that everyone ultimately wants to be happy, so he made this the foundationRead MoreJohn Stuart Mill s Definition Of Quality975 Words   |  4 Pages John Stuart Mill’s definition of quality can be broken-down distinctively into four separate definitions. When evaluating pleasures, J. S. Mill alleged the quality of particular pleasures is determined by how much pleasure the person obtains from the pleasure, in addition to, how just the pleasure is beneficially to society. Moreover, Mill argued against â€Å"†¦Bentham’s purely quantitative view of pleasure. Without denying that quantity is a consideration in the calculation of pleasure, Mill believedRead More Immanuel Kants Ethics Of Pure Duty and John Stuart Mills Utilitarian Ethics Of Justice2753 Words   |  12 PagesFor The Metaphysics of Morals and John Stuart Mills Utilitarianism Immanuel Kant and John Stuart Mill are philosophers who addressed the issues of morality in terms of how moral traditions are formed. Immanuel Kant has presented one viewpoint in The Grounding For The Metaphysics of Morals that is founded on his belief that the worth of man is inherent in his ability to reason. John Stuart Mill holds another opinion as presented in the book, Utilitarianism that is seemingly in contentionRead MoreHappiness Is Worth No More Than Anyone Happiness1980 Words   |  8 Pagespursuing what we pleasure. This way to live and to be wise is referred to as the greatest happiness principle, or utilitarianism as laid out by philosopher John Stuart Mill in his book Utilitarianism, quoting John Stuart Mill s: â€Å"holds that actions are right in proportion as they tend to promote happiness, wrong in proportion as they tend to produce the reverse of happiness.† (Mill, 1861). Furthermore, when pursuing pleasure for yourself, it is important to seek higher plea sures, and stray away

Tuesday, May 12, 2020

Department Stores Essay example - 1110 Words

Case one Macy’s Department Store Repositioning Jingjing Li BUS 2275 Business Strategy and Simulation–Section 050 Instructor: Anish Bania Due Date: Jan 16, 2013 Table of Contents Executive Summary 2 Statement of the problem/opportunity/and objectives 2 Analysis of the situation 2 External and internal 2 Porter’s five –forces model 3 1. The threat of new entrants. 3 2. The bargaining power of buyers. 3 3. The bargaining power of suppliers. 4 4. The threat of substitute products and services. 4 5. The intensity of the rivalry among competitors in an industry 4 Unique and a sustainable competitive advantage 4 Identification and evaluation of alternatives 5 Macy’s Future 5 Executive Summary As the†¦show more content†¦entered a recession. The sales of Macy’s are decreased. Also, in 2011, the price of gasoline and cotton were increased. This increased the cost of Macy’s. So the profit and market share of Macy’s reduced. As the department stores industry was attracting fewer and fewer consumers, Macy’s entered into the declining industry life cycle model. The recession and the declining industry life cycle model are both negatively affect the success of Macy’s. Although the external factors are not good, the internal factors are very good for Macy’s. One such factor was Macy’s has the national recognition. Another positive factor is Macy’s is really strong. It has 810 stores across the United States. Thirdly, Macy’s has the experience management. Macys was founded between 1843 and 1855 in downtown Haverhill, Massachusetts. Department stores created for â€Å"one-stop shopping†, Moreover, they had specific experience in converting regional brands to the Macy’s brand. A fourth factor contributing to the successful consolidation was that Macy’s made their stores on prime locations. These internal factors are positive for the success of Macy’s. Porter’s five –forces model Porter’s five –forces model describes the competitive environment in terms of five basic competitive forces: 1. The threat of new entrants. Macy’s had more competitors because more and more self-made fashion lines join to the market to get the market shares, such as Hamp;M, Forever 21. Self-madeShow MoreRelatedDepartment Stores Essay849 Words   |  4 PagesObjective: Nundies a unique brand of stockings introduced to the market fall 2006. The item to be sold at women’s boutique and specialty shops as well as 10 Neiman Marcus department stores throughout 40 states. Management problem did not seem to be the distribution of the new item in which they shipped out 11, 383 units of Nundies to stores through December 2007 and sold 2007 units online. A unit of Nundies consisted of a package of 5 liners. Nudies is a single use disposable panty that sticks to theRead MoreRandalls Department Stores928 Words   |  4 PagesOn the cusp of the 1990’s, Randall’s Department stores encountered a quandary surrounding their pricing strategies: Should they continue to pursue Every Day Low Pricing strategies coupled with frequent promotions or determine a narrow focus on one or the other? If this is preferable, then which one will reap the biggest benefits for the department store? Competitors were aggressively promoted their established brand promotions with more fervor than ever, and Randall’s was slipping in market dominanceRead MoreDepartment Store and Supply Chain1657 Words   |  7 Pagesstrategy of a high-end department store chain such as Nordstrom? What are the key customer needs that Nordstrom aims to fill? The Nordstrom web site states the following. Over the years, the Nordstrom family of employees built a thriving business on the principles of quality, value, selection, and service. Today, Nordstrom is one of the nation’s leading fashion retailers, offering a wide variety of high-quality apparel, shoes, and accessories for men, women, and children at stores across the countryRead More The Impact of Department Stores Essay1327 Words   |  6 PagesThe Impact of Department Stores Departments stores introduced the customs of shopping as we know them today. Before the advent of giant emporiums like Macys and Saks, people made their purchases in specialty and dry goods houses, usually located in a nearby part of town. Store owners in small or rural areas, expecting a slow turnover of merchandise, sold their goods at a high mark-up, but allowed thrifty customers to bargain for lower prices or barter with cash crops. Window-shopping had yetRead MoreBusiness Analysis : Big Box Department Store Stores1750 Words   |  7 Pagesgoods. Retailers sell goods to the end consumer. The retail sector consists of two main types: store and nonstore retailer. 1. Store retailers operate from fixed locations that sell merchandise to the general public. The purpose is to attract high number of walking in customers by using marketing. The merchandise sold by store retailers includes personal, electronic and household goods. Some types of stores also offer after-sale services. 2. Nonstore retailers also sell merchandise to the end consumerRead MoreDenver Department Stores Essay3162 Words   |  13 PagesDenver Department Stores, a Colorado retail store chain, is an entity that was suffering from the effects of decreased sales volume. Jim Barton, the supervisor of four departments within the main location in Denver, was struggling with developing a process to improve the store’s sales. Barton identified with the notion that the decrease in sales volume was a simple matter of a slowdown in the economic landscape, and that the downturn would effect all stores in the retail business. However, Barton’sRead More Federated Department Stores Essay2145 Words   |  9 Pages I.nbsp;nbsp;nbsp;nbsp;nbsp;Introduction Present day Federated consists of both Bloomingdale’s and Macy’s stores and operates in 34 states as well as Guam and Puerto Rico. While Bloomingdale’s and Macy’s provide both private and national brands and are similar in merchandising categories (men’s, women’s and children’s apparel, home dà ©cor, shoes, beauty, and accessories), they differ greatly in culture. Bloomingdale’s, being more upscale, targets consumers that are more concerned with trendRead MoreProposal on Department Store Management2121 Words   |  9 PagesTRIBHUWAN UNIVERSITY ADVANCED COLLEGE OF ENGINEERING AND MANAGEMENT KUPONDOLE, LALITPUR A PROJECT PROPOSAL ON DEPARTMENT STORE MANAGEMENT INFORMATION SYSTEM (DSMIS) SUBMITTED TO DEPARTMENT OF ELECTRONICS AND COMPUTER ENGINEERING SUBMITTED BY: ABHAY RAJ SHAKYA (502;abhay_rshakya@hotmail.com) ABHINAYA SHRESTHA (503;toerage@facebook.com) HEMANTA SAGAR LAMA (513;hsl_2006@hotmail.com) NISHANT MAN PATI BAJRACHARYA (520;bajra_nish@live.com) JULY 9, 2011 Acknowledgement We are thankful to all thoseRead MoreDepartment Stores1971 Words   |  8 PagesDepartment Stores are Struggling! Ashley Pearson FYS: History of Providence Professor Hughes December 17, 2012 In 2012 department stores in Providence are struggling. When one takes a drive through Providence the main retail stores are in the Providence Place Mall. From an outsider’s point of view it doesn’t look like these stores are struggling. After all, everyone in Providence knows where this tremendous mall is. What people do notRead MoreIndustry Analysis Department Store Essay4959 Words   |  20 PagesDepartment Store Industry NACIS 452111 Table of Contents Introduction†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 3 The Industry’s Dominant Economic Features†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦ 3 Porters 5 Forces†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 7 Power of Buyers†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.7 Power of Suppliers†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 7 Barriers to Entry†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 7 Threat of Substitutes†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦...†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 7 Competitive Rivalry†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦

Wednesday, May 6, 2020

Pablo Neruda Free Essays

Pablo Neruda was a communist poet. The Chilean won the Nobel Prize in Literature 1971. He wrote The Captain’s Verses in 1952 while he was in exile with his secret lover Matilde Urrutia on the island of Capri. We will write a custom essay sample on Pablo Neruda or any similar topic only for you Order Now The Captain’s Verses was a collection of his Love Poems that expresses Pablo’s different emotions to his love and the beautiful nature. From the book, we can see how Plabo treasured the time living with Matlide in the adorable exotic place. We can feel his passion, his pain, and his rage. His love poems were permeated with dense patriotism and his homesickness for Chile. Matilde was a singer. Her life was changed after she fell in love with Pablo, the most important person in her life. It would never be easy to stay with a communist. With her faith of love, she had gone through a lot of danger with Pablo and she was also Pablo’s good helper. They had countless sweet and unforgettable moments. Pablo was dead in soon after the military coup of Chile in 1973. They were separated forever since then. The military government treated Maltide as an influential figure in the country because she was the widow of a communist. She had a choice to leave this Chile but she decided to keep on going Pablo’s path and stay in Pablo’s home. Finally, she was able to publish Pablo’s work and write her own memoir. In her memoir, she told her legendary love with Pablo and the struggles she had faced. We can see their love on both Pablo’s poem and Maltide’s memoir. We can see their own perspective in their work. The memoir is a compliment to the poem that everything written by Pablo did happen to Maltide. She gave response and opinion to these experiences. In this essay, I’m going to analyze â€Å"The Soldier’s Love† in The Captain’s Verses from Plabo’s perspective and the view of Maltide’s memoir My Life with PABLO NERUDA. The Soldier’s Love â€Å"was written to Maltide. It is in free verse and there are ten stanzas. The tone of this poem is passionate and it sounds like Pablo is talking to Maltide directly. He used a lot of â€Å"You† to raise the momentum. â€Å"You’ll wear out your shoes/ but you’ll grow on the march/ You have to walk on thorns† (17-19) It sounds powerful and it makes Maltide become confident and dedicated. There are some words that are stressed at the end of the sentence such as â€Å" fire†, â€Å"death†, â€Å"march†, â€Å"blood†, they all stand out in the poem because they accentuate the danger of their future. The poem is well organized: From the second stanza to the fifth stanza, they are all three sentences long. From the sixth to eighth stanza, they are two sentences long. This splits the poem into two parts. The three sentences structure is talking about Maltide’s life before she met Pablo while the two sentences structure is talking about the life she is going to spend with him. The first stanza â€Å"in the midst of war life led you to be the soldier’s love† (1-2) is the introduction. Then the last stanza ends the poem with two equal sentences â€Å" Kiss me again, beloved/ Clean that gun, comrade (21-22) The whole structure of this poem looks very clear. The final stanza is strong to encourage Maltide with their faith of love and the word â€Å"beloved† and â€Å"comrade† shows Pablo’s tremendous passion. Pablo wanted to use this poem to let Maltide understand that her life had come to a turning point and also encourage her to be ready for the challenges coming up in their life. The introduction of the poem indicates that she no longer could enjoy a normal life. In the midst of war life led you to be the soldier’s love† (1-2) Pablo was the soldier fighting for the communist party. Everything would be different when she became a communist’s love. Pablo seemed disapproval of her past because he used â€Å"vagabond† to address her in the poem. He thought Maltide was political ignorant. â€Å"You didn’t know where you were going/ you were the dancing partner/ you had no Party, no country†(9-11) What she had done before was not meaningful at all. She didn’t belong to anyone and anywhere. It was time to abandon her past and fight with him from now on. Now you can’t dance any more/ with your silk dress in the ballroom/ You’ll wear out your shoes/ but you’ll grow on the march† (15-18) Although she couldn’t have the comfortable life like before and she would be suffering a lot, she would learn a different dimension of life joining the fight for the fellow people. The fight of the communist is a long march that it will be full of sufferings. â€Å" You’ll have to walk on thorns/ leaving little drops of blood† (19-20) Maltide should be prepared for any hurt or even death on the way. At last, Pablo encouraged Maltide to be dedicated to their love. Kiss me again, beloved† (21) He urged her to put the focus on their love, then they would not scare any situation coming up. Their faith of love is the best thing to console Maltide and keep her marching. Plabo thought Maltide was ready to fight with him. â€Å"Clean that gun, comrade† (22) She was not only his lover but also his â€Å"comrade†. Maltide was his counterpart who would share any problem with him and fight till the end. In Maltide’s memoir My Life With Pablo Neruda, she retold her terrible experiences that she had never encounter in her life. She had spent an agonizing night on the boat and almost swallowed by the sea. In the hotel, she was treated as a criminal in the hotel. Then she left for Naples with fourteen suitcases. She had been followed by the undercover police from city to city during her journey. Maltide was very angry to these experiences at first. Then Pablo told her about his own experience. She realized everything just happened to her had already occurred on him many times. She got to know why Plabo became a communist. â€Å"He explained how, after his terrible experiences in that civil war, he returned to Chile and kept on fighting, writing about what he had witnessed in Spain. He was already considered the biggest communist of all and figured that â€Å"if protesting and denouncing injustice means being a communist, well alright then,† and he joined the party. He was always a communist, because the suffering of others hut him too much. While he was alive, he put his pen and his life in the service of the people. † (115) After the Maltide learned the reason why Plabo being a communist. She appreciated what he was doing. She admired his passion of helping all the people. Now she could accept being a communist and understand its fight. These experiences deepened Plabo and Maltide’s love because they could know each other even more. However, Pablo’s heart was painful for dragging Maltide into his own sufferings. â€Å" Pablo laughed until he cried as I told him about the Italian police, especially since Pablo had considered me the most politically ignorant woman he ever knew. But I was his love, and from that moment forward, I would take on all that he did and face all the difficulties in his life with him. † (155) Maltide was happy to see Pablo blaming himself for not being able to protect her. They both consider each other very much. Therefore, Maltide made up her mind to dedicate herself to follow Pablo’s path and fight with him together. She didn’t care how dangerous it would be as she was so strong in her love. The poem addressed the changes of Maltide’s life and Pablo encouraged her to take the challenges with their faith of love. In the memoir, Maltide’s talked about her experiences and her own feeling. She started to learn about the adversities of being a soldier’s love. She would stay with Plabo all they way and fight with him. She would use action to respond his poem. How to cite Pablo Neruda, Papers

Pablo Neruda Free Essays

Pablo Neruda was a communist poet. The Chilean won the Nobel Prize in Literature 1971. He wrote The Captain’s Verses in 1952 while he was in exile with his secret lover Matilde Urrutia on the island of Capri. We will write a custom essay sample on Pablo Neruda or any similar topic only for you Order Now The Captain’s Verses was a collection of his Love Poems that expresses Pablo’s different emotions to his love and the beautiful nature. From the book, we can see how Plabo treasured the time living with Matlide in the adorable exotic place. We can feel his passion, his pain, and his rage. His love poems were permeated with dense patriotism and his homesickness for Chile. Matilde was a singer. Her life was changed after she fell in love with Pablo, the most important person in her life. It would never be easy to stay with a communist. With her faith of love, she had gone through a lot of danger with Pablo and she was also Pablo’s good helper. They had countless sweet and unforgettable moments. Pablo was dead in soon after the military coup of Chile in 1973. They were separated forever since then. The military government treated Maltide as an influential figure in the country because she was the widow of a communist. She had a choice to leave this Chile but she decided to keep on going Pablo’s path and stay in Pablo’s home. Finally, she was able to publish Pablo’s work and write her own memoir. In her memoir, she told her legendary love with Pablo and the struggles she had faced. We can see their love on both Pablo’s poem and Maltide’s memoir. We can see their own perspective in their work. The memoir is a compliment to the poem that everything written by Pablo did happen to Maltide. She gave response and opinion to these experiences. In this essay, I’m going to analyze â€Å"The Soldier’s Love† in The Captain’s Verses from Plabo’s perspective and the view of Maltide’s memoir My Life with PABLO NERUDA. The Soldier’s Love â€Å"was written to Maltide. It is in free verse and there are ten stanzas. The tone of this poem is passionate and it sounds like Pablo is talking to Maltide directly. He used a lot of â€Å"You† to raise the momentum. â€Å"You’ll wear out your shoes/ but you’ll grow on the march/ You have to walk on thorns† (17-19) It sounds powerful and it makes Maltide become confident and dedicated. There are some words that are stressed at the end of the sentence such as â€Å" fire†, â€Å"death†, â€Å"march†, â€Å"blood†, they all stand out in the poem because they accentuate the danger of their future. The poem is well organized: From the second stanza to the fifth stanza, they are all three sentences long. From the sixth to eighth stanza, they are two sentences long. This splits the poem into two parts. The three sentences structure is talking about Maltide’s life before she met Pablo while the two sentences structure is talking about the life she is going to spend with him. The first stanza â€Å"in the midst of war life led you to be the soldier’s love† (1-2) is the introduction. Then the last stanza ends the poem with two equal sentences â€Å" Kiss me again, beloved/ Clean that gun, comrade (21-22) The whole structure of this poem looks very clear. The final stanza is strong to encourage Maltide with their faith of love and the word â€Å"beloved† and â€Å"comrade† shows Pablo’s tremendous passion. Pablo wanted to use this poem to let Maltide understand that her life had come to a turning point and also encourage her to be ready for the challenges coming up in their life. The introduction of the poem indicates that she no longer could enjoy a normal life. In the midst of war life led you to be the soldier’s love† (1-2) Pablo was the soldier fighting for the communist party. Everything would be different when she became a communist’s love. Pablo seemed disapproval of her past because he used â€Å"vagabond† to address her in the poem. He thought Maltide was political ignorant. â€Å"You didn’t know where you were going/ you were the dancing partner/ you had no Party, no country†(9-11) What she had done before was not meaningful at all. She didn’t belong to anyone and anywhere. It was time to abandon her past and fight with him from now on. Now you can’t dance any more/ with your silk dress in the ballroom/ You’ll wear out your shoes/ but you’ll grow on the march† (15-18) Although she couldn’t have the comfortable life like before and she would be suffering a lot, she would learn a different dimension of life joining the fight for the fellow people. The fight of the communist is a long march that it will be full of sufferings. â€Å" You’ll have to walk on thorns/ leaving little drops of blood† (19-20) Maltide should be prepared for any hurt or even death on the way. At last, Pablo encouraged Maltide to be dedicated to their love. Kiss me again, beloved† (21) He urged her to put the focus on their love, then they would not scare any situation coming up. Their faith of love is the best thing to console Maltide and keep her marching. Plabo thought Maltide was ready to fight with him. â€Å"Clean that gun, comrade† (22) She was not only his lover but also his â€Å"comrade†. Maltide was his counterpart who would share any problem with him and fight till the end. In Maltide’s memoir My Life With Pablo Neruda, she retold her terrible experiences that she had never encounter in her life. She had spent an agonizing night on the boat and almost swallowed by the sea. In the hotel, she was treated as a criminal in the hotel. Then she left for Naples with fourteen suitcases. She had been followed by the undercover police from city to city during her journey. Maltide was very angry to these experiences at first. Then Pablo told her about his own experience. She realized everything just happened to her had already occurred on him many times. She got to know why Plabo became a communist. â€Å"He explained how, after his terrible experiences in that civil war, he returned to Chile and kept on fighting, writing about what he had witnessed in Spain. He was already considered the biggest communist of all and figured that â€Å"if protesting and denouncing injustice means being a communist, well alright then,† and he joined the party. He was always a communist, because the suffering of others hut him too much. While he was alive, he put his pen and his life in the service of the people. † (115) After the Maltide learned the reason why Plabo being a communist. She appreciated what he was doing. She admired his passion of helping all the people. Now she could accept being a communist and understand its fight. These experiences deepened Plabo and Maltide’s love because they could know each other even more. However, Pablo’s heart was painful for dragging Maltide into his own sufferings. â€Å" Pablo laughed until he cried as I told him about the Italian police, especially since Pablo had considered me the most politically ignorant woman he ever knew. But I was his love, and from that moment forward, I would take on all that he did and face all the difficulties in his life with him. † (155) Maltide was happy to see Pablo blaming himself for not being able to protect her. They both consider each other very much. Therefore, Maltide made up her mind to dedicate herself to follow Pablo’s path and fight with him together. She didn’t care how dangerous it would be as she was so strong in her love. The poem addressed the changes of Maltide’s life and Pablo encouraged her to take the challenges with their faith of love. In the memoir, Maltide’s talked about her experiences and her own feeling. She started to learn about the adversities of being a soldier’s love. She would stay with Plabo all they way and fight with him. She would use action to respond his poem. How to cite Pablo Neruda, Papers

Saturday, May 2, 2020

Business Law for Caparo Industries pIc v Dickman- myassignmenthelp

Question: Discuss about theBusiness Law for Caparo Industries pIc v Dickman. Answer: Introduction Tame v New South Wales (2002) 211 CLR 317 is amongst the leading cases of Australia when it comes to the obligation which one person owes to another based on negligence and the resultant contravention which lead to psychiatric injuries. This case saw the plaintiff making a claim of negligence against the law enforcement officer, in addition to the defamation as a result of the clerical mistake which the police undertook while the accident report was being filed. Upon the appeal being made against the police by the plaintiff based on the undertaken negligence of police in resulting in her psychiatric condition, the High Court rejected the appeal of the plaintiff. In this report, the police had wrongfully stated that blood alcohol level of Tame as .14 but this was actually the alcohol level of the other driver. And it was claimed by Tame that due to this, she felt that no one respected her and this is the reason why she developed the psychiatric state (Sappideen, 2009). Through the dis cussion being carried here, the case has been detailed where the issues and arguments presented by both the parties have been stated and the decision of the court has been critically analysed. Factual Background Tame in this case was involved in a collision of motor vehicles which took place on 11 Jan 1991 at Richmond, in Sydney. The accident occurred due to the fault of the other driver, Terence Lavender. After the accident, the law enforcement officers checked his blood alcohol level and it stood at .14, whereas the blood alcohol of Tame was 0 when the reading was taken (Federation Press, 2017). Constable Morgan was responsible for preparing the traffic collision report and he was a part of the Windsor Police Station. While preparing this report at the incident spot, he left the blood alcohol reading details of both Tame and the other driver as blank. In Feb 1991, the then acting traffic sergeant filled these blank segments and while filing, accidently switched the blood alcohol of both the drivers, where the other driver was stated to have 0 alcohol level and Tame to have .14 as the blood alcohol level. In around Mar 1991, the mistake was detected by the acting sergeant and he made corrections to the original report at this time (Health Law Central, 2017). Lavender was sued by Tame since he was driving a vehicle which was not insured as was required by the law and this claim was handled by NZI, which was the insurance company. Upon the settlement of the claim, Tame was awarded a significant value. However, come May 1992, the insurance company became hesitant when it came to payment of the physiotherapy treatment which was needed by Tame as a result of her injuries and this made Tame very anxious. The attorney of Tame, Wellers, was informed by Tame that she had no history of drinking and that she had no current drinking issues since the last 20 years. The attorney was also informed that the notion of being drunk was so wrong that she was horrified of it. This reaction of Tame was highlighted upon Weller informing her that the report showed that Tame had been drunk when the accident took place. And Tame was very apprehensive about her reputation which would be damaged as a result of the grave error. The police issued a formal apology to Tame for their mistake; and still Tame continued to blame the law enforcement for the NZI being reluctant in their payments for her treatment. After some time, Tame became obsessed with this issue and was clinically diagnosed with the psychotic depressive illness. As a result of this, a claim was initiated by Tame in the NSW District Court against the police (Federation Press, 2017). Issues and Arguments of the Parties Tame in this case, blamed her psychiatric injury as being resulted from the negligence of the police law enforcement officer where they failed in properly stating down her blood alcohol level in the accident report. This in turn, as per the plaintiff, led to the apprehensions on part of NZI in making the payment for her treatment. And it also resulted in her reputation being tarnished as she had been sober since last 20 years. She claimed that the police officer owed her a duty of care to properly state the right facts in the report and by not doing so, the duty of care owed towards her was breached as this breach of duty resulted in her psychiatric injury. The defendant highlighted that they had already issued a formal apology to Tame. They also stated that the claim of defamation being cited by the plaintiff was out-rightly wrong. This was due to the fact that for a claim of defamation to be upheld, it has to be shown that the careless misstatement of the defendant was relied upon by a third party. Here, it was very clear that no one had made reliance over this careless misstatement of the police officer. This can be proved from the fact that plaintiff had no evidence for this to have occurred. And also from the fact that the insurance company had considered the changed report which had been made by the police after the careless misstatement was noticed and corrected upon. So, even the insurance company had not made reliance on the police officers careless misstatement (HCA, 2017). The plaintiff also made an argument that the police officer had been negligent in the report which had been prepared by them and this was the reason why she developed a psychiatric condition. In this regard, the defendant highlighted that for making a successful case of negligence, one has to establish certain elements (Harvey and Marston, 2009). These include foreseeability, duty, its breach, resulting harm, direct causation and remoteness of losses (Gibson and Fraser, 2014). In this regard, the defendant cited Caparo Industries plc v Dickman [1990] 2 AC 605 for establishing that a duty of care was never owed by the defendant to Tame (E-Law Resources, 2017). This test requires proximity between parties, justness of penalties, along with the risk of harm to be reasonably foreseeable, for showing that a duty had been owed (Lunney and Oliphant, 2013). The defendant highlighted that this case did had proximity between the parties. Also, there was a clear lack of reasonable foreseeability in this matter. This was because no one could have predicted that if an accident report had been filled wrongly, the consequence of it would be a psychiatric injury and to state this as being reasonably foreseeable would be completely wrong. Hence, in case penalties are imposed over the defendant for these reasons, these would not be deemed as just or as being reasonable. So the threefold test given under Caparo could not be satisfied by the plaintiff, which means that no duty of care was owed by the defendant towards her (Australasian Legal Information Institute, 2017). The defendant also relied upon the famous English case when it came to the question of owed duty of care and foreseeability of losses and this was the case of Donoghue v Stevenson [1932] UKHL 100. In this case, the manufacturer was made liable towards the plaintiff for the breach of duty of care as a result of dead snail found in the manufactured ginger beer bottle (Latimer, 2012). However, the defendant stated that in the quoted case, the contaminated bottle was bound to injure the plaintiff, but here, the police officer could not have foreseen that wrongly stating the blood alcohol level would give someone a psychiatric injury (HCA, 2017). Reference also had to be made to Jaensch v Coffey [1984] HCA 52, where the requirement was to establish a relationship for duty to be present (Swarb, 2015). Even though there was a relationship, but it was not which resulted in the police officer being liable for psychiatric injury of the plaintiff. Another key point of this case was regarding the duty of care which was cited by Tame as being a general public member. In this regard, the defendant presented that it was very true that the police officers owe a duty of care towards the citizens; however, the duty which they owed towards Tame was to safeguard her from a possible criminal activity and this duty of care was not meant to protect Tame from a psychiatric injury since this was not their duty and also because the same was not related to the undertaken error (North, 2017). Yes, there had been an error as was accepted by the defendant but it was not related to the psychiatric injury of Tame since there was a sheer lack of correlation between the undertaken error and Tames psychiatric condition. Even though the injury was of substantial nature and damages would have been awarded, but that would have been the case only when the duty of care and foreseeability had been present, which was not the case (HCA, 2017). Court Judgment The appeal made by Tame in this case had been rejected by the High Court because they agreed with the points raised by the defendant where they could not predicted in a reasonable manner that by a wrong filing of form, a person could become mentally ill and this foreseeability was not only for the police, but for any prudent person (Vines, Roque and Rumber, 2010). In the view of the judges, the case of Donoghue v Stevenson helped in this regard, particularly when it came to the presence of duty of care and the reasonable foreseeability of the injury. The police officers, as per the High Court, did not have such an obligation of care which required them to prevent Tame from distress as a result of the wrongly filled report. The reason for this was given by the High Court as the case where the police officers if are made to check the emotional distress being caused to another person as a result of filing of report, then they would not be able to file an honest report as reports can off end even a rule breaker. Hence, the police could not be made liable for foreseeing the mental health of Tame when they were filing the alcohol report (HCA, 2017). The court also stated that the damages were to be awarded only in such cases where there had been a recognized psychiatric injury and one cannot be given these when there has been a distress caused to such person (Handford, 2017). For the Tames case, there was a lack of special relationship which could have made the law enforcement officer liable based on the case of Donoghue v Stevenson. The duty of care which is subjected to investigation would conflict with the duty of a police officer being in their position. And so, the police officers had to keep the duty as being a police officer before anything else (HCA, 2017). McHugh J viewed the obligation of care as something which would be owed only in cases of a nervous shock or psychiatric injury being foreseeable to a normal fortitude of an individual (Richardson, 2017). The injury, to be reasonably foreseeable, had to conform to the neighbour principle and reasonableness had to be given supremacy. This led to the court concluding that a duty of care was not owed by the police officers towards tame due to conflicting duties and the lack of foreseeability being reasonable. And so, a psychiatric injury could not be made successful (Webstroke Law, 2017). Critical Analysis The decision given in this case had been correct as the police officers could not be made liable for something which could not reasonably be foreseen. Also, the case made by defendant was very strong as they highlighted different cases to prove their point. The defendant had already apologized for wrongly filing a report and blaming them for a mistake, which has been corrected and which has shown to not have impacted the insurance companys payments. Hence, the court had rightly ruled in the favour of the defendant in this case. References Australasian Legal Information Institute. (2017) Tame v New South Wales [2002] HCA 35; 211 CLR 317; 191 ALR 449; 76 ALJR 1348 (5 September 2002). [Online] Australasian Legal Information Institute. Available from: https://www.austlii.edu.au/au/cases/cth/HCA/2002/35.html [Accessed on: 03/10/17] E-Law Resources. (2017) Caparo Industries pIc v Dickman [1990] 2 AC 605 House of Lords. [Online] E-Law Resources. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 03/10/17] Federation Press. (2017) Tame v New South Wales Annetts v Australian Stations Pty Ltd. [Online] Federation Press. Available from: https://www.federationpress.com.au/pdf/Tame%20v%20New%20South%20Wales.pdf [Accessed on: 03/10/17] Gibson, A., and Fraser, D. (2014) Business Law 2014. 8th ed. Melbourne: Pearson Education Australia. Handford, P. (2017) Psychiatric injury: the new era. [Online] The University of Western Australia. Available from: https://research-repository.uwa.edu.au/files/1003225/3609_PID3609.pdf [Accessed on: 03/10/17] Harvey, B., and Marston, J. (2009) Cases and Commentary on Tort. 6th ed. New York: Oxford University Press. HCA. (2017) Tame v New South Wales [2002] HCA 35. [Online] HCA. Available from: https://eresources.hcourt.gov.au/downloadPdf/2002/HCA/35 [Accessed on: 03/10/17] Health Law Central. (2017) Tame v New South Wales; Annetts v Australian Stations Pty Limited [2002] HCA 35. [Online] Health Law Central. Available from: https://www.healthlawcentral.com/cases/tame-v-new-south-wales/ [Accessed on: 03/10/17] Latimer, P. (2012) Australian Business Law 2012. 31st ed. Sydney, NSW: CCH Australia Limited. Lunney, M., and Oliphant, K. (2013) Tort Law: Text and Materials. 5th ed. Oxford: Oxford University Press. North, D.O.J. (2017) Personal Injury Claims Psychiatric Injury. [Online] Bar Web. Available from: https://portal.barweb.com.au/upload/fck/north%20sc%20-%20pi%20claims.pdf [Accessed on: 03/10/17] Richardson, B. (2017) Nervous shock in the High Court. [Online] Find Law. Available from: https://www.findlaw.com.au/articles/1364/nervous-shock-in-the-high-court.aspx [Accessed on: 03/10/17] Sappideen, C., at al. (2009) Torts, Commentary and Materials. 10th ed. Pyrmont: Lawbook Co, pp. 209-10. Swarb. (2015) Jaensch v Coffey; 20 Aug 1984. [Online] Swarb. Available from: https://swarb.co.uk/jaensch-v-coffey-20-aug-1984/ [Accessed on: 03/10/17] Vines, P., Roque, M.S., and Rumber, E. (2010) Is nervous shock still a feminist issue? The duty of care and psychiatric injury in Australia. [Online] Bar Web. Available from: https://sites.thomsonreuters.com.au/journals/files/2010/10/j19_v018_TORTLREV_pt01_vines_sanroque_rumble.pdf [Accessed on: 03/10/17] Webstroke Law. (2017) Tame v New South Wales [2003]. [Online] Webstroke Law. Available from: https://webstroke.co.uk/law/cases/tame-v-new-south-wales-2003 [Accessed on: 03/10/17]