Wednesday, January 29, 2020
Success and Failure Essay Example for Free
Success and Failure Essay Failure is important and essential part of success because we can gain the skills and particular techniques through numerous experiments, the failure is one of motivations to inspire us to keep trying until achieving success, and the failure helps us to build a type of stubborn character. They agree that failure is the essential part of success and they disagree that failure is a kind of blemish of our lives. For example, they said that success requires that learning from mistakes and missteps along the ways rather than falling into despair and giving up. Failure and success are two opposite meaning, but failure can lead us to success if we can learn from failure and take effort to overcome it and it is inspiring for people who are aggressive to measure how success they can do. I agree with Donaldââ¬â¢s article that failure is not the imperfection of lifetime; it is a tool to inspire us and guide us the ways to success. I disagree with Rickââ¬â¢s perspective that failure always shocks us to stop investigation the ways to achieve success with aggressive attitude. That issue is important because the majorities of people only concentrate on how important to success and neglect the value of failure. In their lives, success seems to be the whole idea in education, career and lifetime. They are afraid of failure and they can not to rise again after falling down at once. We should have aggressive attitude to identify why failure is the closer answer to success. Their perspectives of their articles are definitely associated me to spread my scope of the main idea of failure. The discussion raises my original question to ââ¬Å"what level of failure cause people to try again until achieving success without losing confidence?â⬠I might try to add other elements or examples to demonstrate and prove what idea I decide to support.
Monday, January 20, 2020
human reason Essay -- essays research papers
Perspectives on Human Reason à à à à à Human reason is a topic that, without a doubt, can have multiple outlooks by various individuals. Descartes believed that reason was the ultimate cornerstone of human knowledge, while Pascale believed that reason alone could not allow someone to attain knowledge. He felt there were limits on reason. Both tried, to the best of their ability, to back their beliefs and make others see their point of view. Descartes doubted the senses and believed that people only knew things through the content of their mind through human reason. Descartes used logical deductive reasoning to question the certainty of the senses. He states, ââ¬Å"I have found that these senses sometimes deceive me, and it is a matter of prudence never to confide completely in those who have deceived us even onceâ⬠(Descartes 26). His basic question that he sought to find the answer for is very complex yet seems so simple when reflecting upon it. How can we actually know things, for certain? How do we know that the sky is actually blue, or that the earth is round? Is there any certain proof to reveal the fact of anything? Are the ideas we form in our minds and perceptions we have the truth? These are the types of things Descartes thought about. He questioned the certainty of absolutely everything. ââ¬Å"I have no senses at all; body, figure, extension, movement and place are chimeras. What will, then, be true? Perhaps just this one thing: that there is nothing cer...
Sunday, January 12, 2020
Business Torts and Product Liability
The scope of product liability usually exposes the manufacturers, sellers, product designers or licensres to the sphre of the legal actions. Here the word ââ¬Ëproductââ¬â¢ is not only indicate the finished or final products but it covers the supplimentary items which is intimately associated to consumer expectations . Moreover, the term produt saftey can be a part of a product, which is related, with any kind of chain of distribution. The manufacturers and other entities involved with market are liable for the products, which are defective in nature . The distributors, dealers, retailers, representatives and employers can also brought in to the action if their products are turned to be defective. The American common law adopted the concept of strict liability under consumer perspectives in early 1960ââ¬â¢s. They began to adopt the view that the sellers should bear the cost of injuries or defects in their products as they are in the best position to distinguish the risks associated with their products. The American law institutes call for the various state law departments to recapitulate the developments in strict liability in Section 402A of the Restatement (Second) of Torts in 1977. However, it happens that the defenadnts may undergo harsh facets of the torts and action for their unintentional act or ommission. The courts of modern times also provide the sellers the indisputable liability for their defective products without the negligence or fault on the part of the seller. (1) For such victims the rules and judgements may appear too harsh but the genuine culprits desreves so. ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 1. Restatement (Third) of Torts products liability, 1999 Business Torts and Product Liability 2 Introduction ââ¬Å"He can excuse himself by showing that the escape was owing to plaintiffââ¬â¢s default; but as nothing of this sort exists here, it si unnecessary to inquire to what excuse would be sufficient. â⬠ââ¬â Blackburn J Generally there are cases that where a defaulter can be held responsible for an injury even where no negligence or evil intent can be shown. The doctrine of strict liability imposes legal responsibility for injuries sustained by or because of an actor's conduct, whether or not the actor used reasonable care and regardless of the actor's state of mind. Strict liability cases are limited to certain narrowly-defined areas of the law, including products liability, ultrahazardous activities, care of animals and certain statutory offenses. However, the question arises whether such liability and the treatment against the alleged wrong doer is too hurtful or not. To analyse this, firstly, we shall discuss the scope of the torts and product liability in buisiness. Buisiness torts and product liability The general principle is that, seller of any defective product which is unreasonably dangerous to the user or consumer, is subject to liability for physical harm thereby caused to the ultimate user or consumer or to his property, if the product is expected to and does reach the user or consumer, without substantial change in the condition in which it is sold. (Restatement (Second) of Torts, 1977)(1). It does not matter that the seller has exercised all possible care in the preparation and sale of his product; and the user or ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 1. Sec. 402A of Restatement (Second) of Torts, 1977 Business Torts and Product Liability 3 consumer has not bought the product from or entered into any contractual relation with the seller. In Rylands Vs Fletcher,(2) the court found that even if the defendant was not negligent or rather, even if the defendant did not intentionally cause the harm or he was careful, he could still be made liable. The defendant may excuse himself by showing that the occurrence was owing to the plaintiffââ¬â¢s default or that was the consequence of vis major or the act of good. The liability arises not because there was ant fault or negligence on the part of persons, but because he kept such defective products and the same was caused some sort of personal damage to another. The liability of the defective products was well explained in the famous case Donogue Vs Stevenson (3) as, a person who is for gain engages in the business of manufacturing articles of food and drink intended for consumption by members of the public in the form he issues them, is under a duty to take care in the manufacture of these articles. That duty must be to whom he intends to consume his products. The law has enumerated a number of rules to provide maximam penalty to the wrongdoerââ¬â¢s for his misconduct regarding the products. .whether this way of gauging the act and ommissions of the wrongdoers for their product liability is justifiable or not? Are they undergoing ruthless treatment than they deserve? Whether the treatment under product liability is harsh or not Recently in the case, Wyeth vs. Levine (4) the Vermont Supreme Court ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 2. Rylands Vs Fletcher (1868) L. R 3 H. L 330 3. Donogue Vs Stevenson [1932] AC 562 (HL) (Sc) 4. Wyeth vs. Levine, Pharmaseutical industry Today, News, 22 Nov 2008 Business Torts and Product Liability 4 confirmed a nearly $6. 8 million product liability claim against Wyeth because the company's FDA-approved warning label on anti-nausea drug Phenergan only cautioned physicians about a quick-injection method. The injection caused the palintiffââ¬â¢s vein nicked and caused gangrene in an arm that eventually led to amputation. Here, it can be accepted that defendant faced the consequences because of his negative conduct to the consumers. Still there is a question arises about the magnitude of the penalty usually provides in such cases. The fact is that such liability causes negative impact on the day-to-day conduct of buisiness also. The product liability always compel the the manufacturers to internalize the cost of the product. When the manufacturer assigned all the liabilities for the injuries caused, he is forced to take account all the harms caused and this may lead the manufacturer unable to profit from producing the product Due to strict imposition of law in various manners, the manufacturer may not produce the socially optimal level of goods. Under such conditions the manufacturer cannot pass on the economic costs to the consumers as insurance as the most of the consumers are highly price sensitive. This may harm the production of the products and complete removal from the market. Apart from this, there is a chance of instituting high-level substantial higher transaction costs due to the high-level apllication and the sucsequent penalty of the product liability. Moreover, this causes lowering the consumer surplus from these transactions. (Miller,Goldberg ,2004)(5) ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â 5. Miller, C. J, Goldberg, R. S (September 30, 2004) Product liability, 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-019825678 Business Torts and Product Liability 5 Some times the damage may cause due to the default of the palintiff . The palitiff may misuse the product. Moreover, there is a chance that the product has been altered and modified by the palintiff without the knowledge of the manufacturer. The defects may cause due to the conduct of the third party who is neither defendantââ¬â¢s servant nor does the defendant have any control over him. Or else there is a chance of the product is being manufactured or designed according to the industry custom and standards and government standards related to the manufacture and design. In such cases there is no point in treating the defendant with a extreme penalty. (6)(Salmond, 1996) The cases like Fardon Vs harcourt Rivingston (7) and Glosgow Corp. Vs Muir (8) clearly laid down the priniciple regading the minimising the liability of the wrong doer under such circumstances.. If the possibility of the incident emerging is only a mere possibility which could never occur to the mind of eth reasonable man ,there is no negligence in not having taken extraordinary precautions. People must guard against reasonable probablities but they are not bound to guard against fantastic possibilities. Conclusion Since the product liability is the legal responsibility of manufacturers and sellers to buyers, users and bystanders for damages or injuries suffered, the strict liability of these sections are firmly observed. However, a manufacturer of a product cannot be considered the absolute guarantor of its productââ¬â¢s safety. It can be said that there is a utilitarian ââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬âââ¬â- 6. Salmond, Heuston (1996) , Law of Torts, , p443 publisher: Sweet & Maxwell; 21Rev Ed edition (24 Oct 1996) ISBN-13: 978-0421533509 7. Fardon Vs harcourt Rivingston (1932) 146 L. T 391 8. Glosgow Corp. Vs Muir ((1943) A. C 488 principle revolved under the imposition of such liability. Because the people determined to cling to the responsible persons for their actions even though there is no negligence on their part. Because there are some derivation of benefits likes improved products, safety and accountability, which is generally, prevail over the burden on the defendant in strict liability proceedings. So in such cases in order to fulfill the public policy of minimizing the injury, it is more reasonable to introduce the burden of finding and correcting such dangers upon the manufacturer rather than taking away the defective products from the consumer. ********************************** References 1. Faegre & Benson, 2003 UK Trade and Investment, US product liability law, Nov. 2003 2. Kubasek, Nancy K. ; Browne, Neil M. ; Giampetro-Meyer, Barkacs, Linda, Andrea; Herron, Dan; Dynamic Business law (January 4, 2008) McGraw-Hill ISBN 0073524913 / 9780073524917 3. Miller, C. J, Goldberg, R. S (September 30, 2004) Product liability, 2 edition Publisher: Oxford University Press, USA; ISBN-13: 978-0198256786 4. Restatement (second) of Torts products liability, 1977 5. Restatement (Third) of Torts products liability, 1999 6. Salmond, Heuston (1996) , Law of Torts, , p443 publisher: Sweet & Maxwell; 21Rev Ed edition (24 Oct 1996) ISBN-13: 978-0421533509
Saturday, January 4, 2020
Socrates and His Escape Essay - 1771 Words
Socrates and His Escape Each one of us has been accused of some kind of act at some point in our lives. Yet those accusations have been terribly mistaken and sometimes there is so little that a person can do to fix that. In this case we are talking about the wonderful philosophist Socrates, a person of many beliefs and ideas. He was a man who dearly believed in justice and doing justice to others. We will examine Socrates way of thinking and his rationality towards a healthy and logical mind. After reading the Meno, Apology, and Crito I have come to a conclusion that Socrates made the right decision by rejecting Critos offer of escape and the reasoning behind that will be explained by providing parts of the dialogues and the ideasâ⬠¦show more contentâ⬠¦He disliked lectures himself so he had to approach people in a comfortable way so it would not scare them, make them defensive and also open up their minds so they could let themselves understand Socrates teachings. He talked to ordinary people about ordinary subjects. He talked about how to make friends, how to treat children, how to support female relations in bad times, how to receive the greatness of his country, the evidence for the existence of God, what knowledge is, and whether goodness can be taught. He had all the right intentions and all he wanted was to make people realize was their capacity of logical solutions to the level of their capacity. All the cross-questioning, which seemed so tiresome, so negative, had a positive purpose. Here is his own description of it: I spend my whole life in going about and persuading you all to give your first and chiefest care to the perfection of your souls, and not till you have done that to think of your bodies, or your wealth; and telling you that virtue does not come from wealth, but that wealth and every other good thing which men have, whether in public or in private, comes from virtue. (Portrait of Socrates, 1979) Socrates, he is the questioner, the tester, the man who find s it intolerable to lead an uncritisized life or disillusionment or annoyance with human stupidity but from positive beliefs.Show MoreRelatedSocrates : The Three Reasons Of Escape By Socrates919 Words à |à 4 Pages For Socrates it just to question his fellow citizens about how they live, even if they were a law that forbid to do so. If there was a law against asking doing philosophy, he would break that law because this is what he lives for. He is now in jail because is accused of introducing new gods and corrupting the virtue of youth, moving away from the principles of democracy. He thinks that is unjust for him to escape from his punishment. Crito tries to convince Socrates presenting three argumentsRead MoreEssay on Platoââ¬â¢s Crito: The Last Days of Socrates 1134 Words à |à 5 Pages As Socrates awaits his upcoming execution; he is visited before dawn by a close old friend Crito. Crito has made arrangements to help Socrates escape from prison. Socrates is grateful to his old friend for his willing to help aide him in the escape. However, Socrates is quite willing to await his execution. Crito tries to change Socrates mind about escaping by presenting him with several arguments. The first is that if Socrates choices to stay, his death will reflect poorly on Crito. The peopleRead More Recounting the Last Days of Socrates in Crito Essay1379 Words à |à 6 PagesRecounting the Last Days of Socrates in Crito In the Last Days of Socrates the dialogue ââ¬Å"Critoâ⬠recounts Socrates last days before his execution. Socrates had been accused of corrupting the youth and not worshipping the Gods of the state. During his trial he denied all accusations and attempted to defend himself by proving his innocence using reason . He was judged to be guilty and given a death sentence. His long time friend Crito proposes to Socrates a plan to escape from his death sentence in prisonRead MoreThe Argument In The Crito By Socrates762 Words à |à 4 PagesThe Crito by Socrates, both Crito and Socrates present arguments, one that Socrates should escape prison, and one that he should not. Critoââ¬â¢s argument contains logic fallacies that undermine his argument and make it weak. Therefore, Socrates argument that he should remain in prison and face his death is valid and strong, and is better than Critoââ¬â¢s. Crito argues that Socrates should escape jail, and relies on the premises that he must consider the opinion of the public and that Socrates is betrayingRead MoreEssay on Socrates1116 Words à |à 5 PagesPlato recounts the last days of Socrates, immediately before his execution was to take place in Athens. In the dialogue, Socratesââ¬â¢ pupil, Crito, proposes that Socrates escape from prison. Socrates considers this proposal, trying to decide whether escaping would be ââ¬Å"justâ⬠and ââ¬Å"morally justified.â⬠Eventually, Socrates concludes that the act is considered ââ¬Å"unjustâ⬠and ââ¬Å"morally unjustified.â⬠Socrates then decides to accept his fate and proceeded with his execution. Socrates was a man who was in pursuitRead MoreSocrates Argument in the Crito1105 Words à |à 5 PagesIntroduction Socrates argues in the Crito that he shouldnt escape his death sentence because it isnt just. Crito is distressed by Socrates reasoning and wishes to convince him to escape since Crito and friends can provide the ransom the warden demands. If not for himself, Socrates should escape for the sake of his friends, sons, and those who benefit from his teaching. Socrates and Critos argument proceeds from this point. As an aside, I would like to note that, though I believe that a furtherRead MoreSocrates s Argument On The Trial867 Words à |à 4 Pages After the trial, Socrates was found guilty of his allegations and sentence to death. While waiting for his upcoming execution, he received a visit of his old faithful friend named Crito. Actually, Socrates friend had made an arrangement with other friends to help him escape from prison. Contrary to Critoââ¬â¢s suggestion, Socrates vetoed his friend proposal. Socrates on the other hand, provided several good and convincing reasons of not escaping prison by using law as a principal guide.Read MoreTry to Persuade Socrates Friends to Save Him Against His Will1191 Words à |à 5 Pagesthe Socrates`s friends to save him, against his will. Socrates Is one of the most colorful figures of the ancient Greek world, who the strangeness of privacy life have always been of special philosophical and political science. He was convict to death because he does not believe in God and corrupted the youth people to do the same. In Plato`s dialogue Crito, Socrates spent his last time in the prison. Crito is coming to save Socrates and have plans how to make his escapeRead MoreThe Rational Vs. The Emotional1573 Words à |à 7 Pagesthe case with Crito and Socrates in ââ¬Å"Critoâ⬠by Plato. Socrates and Crito are having an intimate conversation about reasons why Socrates should escape. Socrates is charged on corrupting the minds of the youth in Athens. Crito, who is Socrates student and close friend, tries to persuade him to escape because he did not believe Socrates committed any actual crime. Socrates, on the other hand, gives his own reasons for staying in jail. Critoââ¬â¢s argument for Socrates to escape from jail are more emotionRead MoreSocrates s Argument Against The Death Penalty1189 Words à |à 5 PagesSocrates was found guilty of the following accusations; corrupting the youth, believing in different gods, or being an atheist, and for ââ¬Å"examiningâ⬠the heavens above and t he earth below. He inclined for a fine that could be paid instead of facing banishment, however, the court decided to give him the death penalty. There he slept in prison when Criton approached and attempted to persuade him to escape. He declined as it would go against his logic and reasoning he taught his whole life. Was it ââ¬Å"justââ¬
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