Analysis of Terry Tempest Williams Short Story, The Clan...

Composing a story is not just about writing down ideas and events. The true art of writing is an intricate and timely process. Convincing the reader of your beliefs and opinions goes beyond actual facts and data. In the 1600s a man named Roberto de Nobili recognized this situation and discovered the rhetorical triangle, which is still commonly used today (Faigley 5).. The rhetorical triangle consists of three key structural terms that must be evident in a story to enable the reader to comprehend and trust the writer. The three tactics of persuasions became ethos, pathos and logos. The Clan of One-Breasted Women, by Terry Tempest Williams describes the tale of a young girls family being affected by breast cancer and how it has greatly†¦show more content†¦Later on in the paragraph the writer draws another false conclusion when she states that living in Utah may be the greatest hazard of all. This claim the writer makes is inaccurate and strictly an opinion. There is no eviden ce to prove that her statement is true therefore it is not believable. When one closely examines this story as a critical reader the poorly written paragraphs seem to disintegrate and the evidence the writer uses to prove her points becomes nonexistent. In paragraph 5 the writer states, ?Traditionally, as a group of people, Mormons have a low rate of cancer,? (Williams 375). The writer composes this sentence in a manner such that one may tend to believe it is true, however once again the writer is guilty of false facts. Perhaps it is true, that Mormons have a higher rate of cancer then other religions, but without cited sources, this fact shrivels into an opinion. Following the writer goes into a tale of how she believes her family got sick from pollution and chemicals in the air. She begins to reminisce about a time when her family was driving past Las Vegas in 1957, and oil tanker in front of them exploded, enabling her to witness a ?golden-stemmed cloud, the mushroom,? (Williams 376). In this case the writer is strictly describing a story on a first hand basis. If a tanker exploded then the event would be documented and she could

The And Design Practices By Martin Heidegger - 1119 Words

When is Architecture Architecture? â€Å"Only if we are capable of dwelling, only then can we build.† This claim was made by German philosopher Martin Heidegger in his lecture ‘Building Dwelling Thinking’. In the lecture Heidegger goes beyond architectural and design practices by referring ‘building’ not only in architectural construction, but to the whole range of human productive activity. When thinking about ‘dwelling’ it is usually connected to buildings. The goal of a building is to allow one to dwell, but not all buildings are in the domain of dwelling. Christian Nordberg-Schulz describes ‘place’ as that which in we dwell, within which we are at home. The truck driver is at home on the highway, but he does not have his accommodations there; the working woman is at home in her office, but does not have her dwelling place there. Dwelling is not only limited to the dwelling place. Schulz stated that dwelling as being in a harmonious relationship with oneà ¢â‚¬â„¢s surrounding environment. He believes that dwelling is based in the idea that our dwelling in place grants us an identity and a meaning that we would otherwise lack. Thus, in order to dwell in a place one must personally connect with that place which leads us to exclude others from that place as a means to affirm that identity. Many critics claim that if place is an essentially relative concept based on a personal sense of belonging then dwelling must be too. In terms of these theories on dwelling; architecture andShow MoreRelatedPost Modernism vs. Modernism870 Words   |  4 PagesModernism vs. Post Modernism The ideas of modernism and post modernism are fundamentally different. Modernism is the belief that human beings can improve their environment, using scientific knowledge, technology and putting all of those things into practice. Modernism is prevalent in the field of arts. The concept of post modernism looks at the ideas behind modernism and questions whether they really exist. (wikipedia) Modernism began in the early 1800s. It emerged with Manet and Baudelaire in paintingRead MoreThe Work Of The Theorist Martin Heidegger2527 Words   |  11 PagesThis essay aims to analyze and discuss the work of the theorist Martin Heidegger in relation to usable web design and how people learn in a contemporary environment by interacting with tools, specifically those of online technology such as websites. It will look at Heidegger’s thinking about human activity and the relationship between theory and practice, and will also examine websites that focus on allowing the user the best possible user experience through Heidegger’s notions of ready-to-hand andRead MoreThe Importance of Philosophy to Engineering8110 Words   |  33 Pagespresumptions to the contrary, philosophy is centrally important to engineering. 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The development of wearable items has taken several steps of miniaturization from discrete electronics over hybrid designs to fully integrated designs, where just one processor chip, a battery and some interface conditioning items make the whole unit. The current decade is ushering in renewed interest in wearable computing as many technologies have matured. With components suchRead MoreGlobalization and Its Impact on Malaysia13672 Words   |  55 Pagesphilosopher Martin Heidegger who most clearly anticipated contemporary debates about globalization. Heidegger not only described the â€Å"abolition of distance† as a constitutive feature of our contemporary condition, but he linked recent shifts in spatial experience to no less fundamental alterations in the temporality of human activity: â€Å"All distances in time and space are shrinking. Man now reaches overnight, by places, places which formerly took weeks and months of travel† (Heidegger 1950, 165).Read MoreDecision Theory: a Brief Introduction28334 Words   |  114 Pagesdecisions should be made in order to be rational. 6 This is a very limited sense of the word normative. Norms of rationality are by no means the only – or even the most important – norms that one may wish to apply in decision-making. However, it is practice to regard norms other than rationality norms as external to decision theory. Decision theory does not, according to the received opinion, enter the scene until the ethical or political norms are already fixed. It takes care of those normative issuesRead MoreLogical Reasoning189930 Words   |  760 Pagesreasons to your audience. Your goal in giving an argument is to design your reasons so that your audience sees that the reasons imply the conclusion. Another way of saying this is that your audience should see that the conclusion follows from the reasons given to support it. ────CONCEPT CHECK──── Which of the following passages contain an argument in our technical sense of that word? a. I hate you. Get out of here! b. Im sure Martin Luther King Jr. didnt die during the 1960s, because it says

Margaret Rosalind Malcolm And Peter Equity â€Myassignmenthelp.Com

Questions: What Is The Type Of Right That Is Created In The Asset For Cadbury Via The Inter Vivos Transfer? Whether The Conditions Of Transfer Were Valid Conditions? Whether There Is Any Action That Can Be Brought By Emma Against Cadbury? Answers: Introducation The principle of adverse possession is justified as under the law of equity it is unexpected that the interest of the landowner who either does not show any interest in the current state of land or there is failure to utilize the land, or where there is no action taken on time by the owner for the prevention of running out of the period of limitation. The court however, is required to apply the principle of adverse possession in the strictest manner which is possible, as there may come out outcomes from it that are non-justifiable. Particularly in situations where the owner has had in his mind the lands specific future use, since it would not be easy to estimate whether the actual possessors or the adverse possessors use of land, in question would be the one that is of maximum benefit.[1] The main purpose of the equity maxim Vigilantibus non dormientibus, jura subveniunt" is to encourage the paper owners of a land to utilize the same in a manner that is best, as land forms a very important natural resource, and in the situation where there is negligence or failure in complying with the same then a person who is willing to do the same and make such beneficial use of land may impose his legal right of taking the lands and its papers possession and benefit for himself. [2] In the landmark case of JA Pye (Oxford) Ltd v Graham there was an adversary possession that was established and which led to the loss of land which was worth approximately thirty five million. Nueberger J. opined in this case on the sleeping theory and it was stated there did was no justifiable reasoning that was given in the case where the lands paper owner would be satisfied to let another individual trespass his property for the given period of time.[3] There was no logic that could be placed on the judges decision. This case was essentially in contradiction with the previously established rule that in the situation where there is a future use of the property that owner has then there cannot be any adverse possession of the land. It is thus, essential that such loss should be avoided and adverse possession should be justified in the stricted manner that is possible. Doctrine of Tenure and its Relevance The doctrine of tenure means the lands division on the basis of space. It is stated by this doctrine that the land is only being held by the people and the actual ownership belongs to the Crown, thus they are only the Crowns tenants. In other words, there is no concept of lands actual ownership it will ultimately be the Crown to whom all the land will belong to.[4] t was in the case of Mabo that the High Court redefined the english doctrine of tenure or in other words by developing the concept of radical title defined the Australian Doctrine of Tenure. It has thus become very important in the discussions of land titles in the recent times[5], all the land was pre mabo was owned by the Crown and there existed severe restrictions when it came to acquisition of title either by of possession of the land or occupancy,[6] post Mabo this fiction is applicable only in the cases where tenancies have been formed by way of Crowns grant. There can no longer be exclusion of acquisition of first title of land in Australia to the real property which is un-alienated and alienated based on the principle that the original ownership is of the Crown and any such other rule that depends on it. Thus, post Mabo there is potential that the sources of title which are in addition to that which has been granted by the grant can be accommodated. Crown's Radical Title and Native Title in terms of Extinguishment In the Mabo case[7] the unsatisfactory position stated in the case of Attorney-General v Brown[8], was challenged. This was a judicial rhetoric as in this case it was stated that all the land in the Crown which was waste upon the colonization in 1788 would belong to the Crown due to the fact that in England the same principle applies therefore according to Stephen CJ it would be applicable in Australia as well (Secher, 2008). The land was to be held only on the basis of tenureship and the actual and full beneficial owner of the land will continue to be the crown. Thus, when the Crown arrived they acquired what is termed as radical title. If the situation was such that Australian was truly terra nullius then this radical title would be for the Crowns benefit. Though, there was inhabitation in Australia the radical title did not mean beneficial ownership of the property. The Radical title confers only sovereignty and cannot thus automatically extinguish the rights and titles of the land that belonged to the natives once the Crown makes grant. The land which however, are not subjected to the doctrine of tenure the native title continues to remain. The native title rights are recognized and compatible. The conditions which are most notably are that they have not either been forfeited by the individuals or the Crown has not extinguished the same. It was thus, stated in the Mabo case by Brennan J. the mistaken belief by that land ownership and sovereignty can be equated had given rise to this presumption that there has been extinguishment of the ri ghts of the natives. The notion being that there is dictating of the land by principles that are feudal in a colony that is settled be taken to the royal demesne upon the acquisition of the sovereignty by Crown is not correct.[9] Inter vivos Transfer Any arrangement of transfer of assets made in lieu of a will is an inter vivos grant of property. In the case of Fletcher v Fletcher covenanted via a trust deed with his five trustees that in the situation that his sons Jacob and John survived him, 60,000 would be paid by his personal representatives to the trustees which the trustees shall hold in trust till the boys reach an age of 21 years.[10] However, his will made in the year 1834 disposed his estate to a certain trust for the benefit of his two natural sons and wife. On the death of the covenantor one of the sons claimed the payment of 60,000, this proceedings were declined by the trustee. There was however, a trust that was formed via inter vivos since the grant was made when the covenantor was alive. Further section 47(2) of the Conveyancing Act 1919 (NSW) (Act) states that Where land is conveyed to or to the use of any person without words of limitation, such conveyance shall be construed to pass the fee simple or other the whole estate or interest the person conveying had power to dispose of by deed in such land unless a contrary intention appears by such conveyance Application of Law: Inter Vivos Transfer The grant was made by Burgess when he was alive in a form other than a will, it is thus as mentioned above an inter vivos transfer (Fletcher v Fletcher). Since there is no specific date that is given of the grant it is assumed that it is on a current date and hence the Act shall apply which under section 47(2) states that the term for life denotes that there has been an inter vivos transfer, thus there is fee simple estate that is held by Cadbury in the given situation. Validity of Conditions There can be limits imposed by the Grantor on the person to whom the land is passed, if such conditions are breached then the grantor or successor of the grantor shall have the right of re-entering the the property. In the case of Zapletal v Wright[12] the defendant and plaintiff were the lands joint tenants, defendant was married and separated from his wife and moved in with the plaintiff a few years later was living together with her for fifteen years and they had two children together until she married and left with another person. Though there was no contribution on her part with the purchase of the property her name on request by her was added to her title, it was stated by him that she said if she ever left her name was to be taken off the lease. A claim was made by er that the property to be sold and the proceeds divided it was opined by the judge that this was a gift to her. It was therefore stated in this case, that the intention was to induce her so as she does not leave hi m, this is void condition as it is promotion of immorality. The condition forms a separate and distinct provision, the primary gift shall remain valid if the subsequent condition is void however, if the terminable limitation is void then there will be a failure of the entire gift. A condition precedent would be considered to be invalid in the situation wherein it is: conducive to a behavior that is immoral;[13] is illegal such a seeking for the frustration of law of insolvency;[14] uncertainty, wherein a gift was promised to the daughter provided however, that she marries someone who is not Jewish, this was found to be vague as the term Jewishness was defined in a vague manner;[15] In the case of Hickin v Carroll Ors. (No.2)[16], Patrick Caroll who had made a will on 15th of December 2011, passed away on 16th of April 2012. He had four children and bequeathed them with gifts under the will on the condition that "subject to and dependent upon them becoming baptised in the Catholic Church within a period of 3 months from the date of my death and such gifts are also subject to and dependent (sic) my children attending my funeral". The four children and their mother (ex-wife) were all practicing Jehovahs witness though, the funeral was attended by the children however, none of them were baptised as per the will. One of children after the lapse of three month period sought from the Supreme Court a declaration that relevant clause conditions were void and had not effect and the gifts were in fact absolute gifts. After determining that the relevant clause was condition precedent, it was on the court to resolve whether it was void. On the count of being uncertain the court opined that there will not be a failure of the condition precedent merely because there has not been complete and clear expression. Application of Law: Validity of Conditions There are further conditions which have been set by Burgess on the estate. The condition that was laid down by Burgess was condition subsequent, a requirement which if not met leads to the termination of the interest in the property (Zapletal v Wright). Thus if there is breach of the condition set by Burgess Cadbury would lose his interest in the property and it would then eventually transfer to Emily who has contingent interest in the property (explained in detail below). There are various reasons for which the condition can be made void, however, in Cadburys case it cannot be stated that the condition was conducive to behavior that was immoral, illegal or uncertain. Even if Cadbury challenges this condition on the reason of it being uncertain, as opined in the case of Hickin v Carroll Ors. that there will not be a failure of the condition precedent merely because there has not been complete and clear expression. Emilys Action Against Cadbury In the case where there is grant of future interest in an individual who not entitled previously would include a interest that is vested, it is essential that there should be precise identification of such individual which is known and there should not exist any condition that is precedent and contingent interest shall come into action with the meeting of the contigency leading to the vesting of the rights.[17] It is stated under section 16(1) of the Act that A contingent remainder existing at any time after the commencement of this Act shall be capable of taking effect notwithstanding the want of a particular estate of freehold to support it in the same manner as it would take effect if it were a contingent remainder of an equitable estate supported by an outstanding legal estate in fee simple.[18] Thus there is intervention of legislation placing vested remainders and contingent remainders in the same position. There is a liability on the tenant, in case of their being absence of of an agreement that is express, for ensuring the premises maintenance, this is depended partly on the doctrine of waste, and partly on the treatment of premises in a manner like tenant implied contract.[19] It is enacted by the Statute of Marlborough, c. 23, that: "Also fermors, during their terms, shall not make waste, sale, nor exile of house, woods, men, nor of anything belonging to the tenements that they have to ferm, without special licence had, by writing of covenant, making mention that they may do it; which thing if they do, and thereof be convict, they shaH yield fuii damage, and shaH be punished by amerciament grievously." The Statute of Marlborough comprehends fermors to those who are holding the lease for life.[20] A voluntary waste as per Honywood v Honywood[21], is said to have occurred if there is a positive act that takes place such as the cutting of timber. Application of Law: Action by Emma There fee simple remainder that has been received by Emma through both vested interest, when the property passes to Emma on the death of Cadbury and contingent interest where property passes to Emma if there is breach of condition by Cadbury. There is clear identification of the individual on whom the interest is to be vested and there is no condition precedent on her either. Furthermore under the Act, the vested remainders and contingent remainders in the same position. Thus Emma will be able to take her position on the property even if there remains a want of a freehold for supporting it. Further an action of voluntary waste under the doctrine of waste can be brought by Emma against Cadbury. Cadbury cut down the 100 ancient Lombard polars which led to the decrease in the profits and also reduced the valuation of the estate. A a life tenant Cadbury was liable (Marsden v. Edward Heyes Ltd) for such waste furthermore there was no grant in the instrument that allowed the same (Woodhouse v Walker (1880) 5 QBD 404) References Bryan, M.W. and V.J. Vann, Equity And Trusts In Australia (Cambridge University Press, 2012) Dal Pont, G. E, Equity And Trusts In Australia (Lawbook Co., 2015) Edgeworth, B., C. Rossiter and M. Stone, Sackville And Neave's Property Law Cases And Materials (Lexis Nexis, 8th ed, 2008) Parliament of New South Wales, "Report Of The Law Reform Commission On The Application Of Imperial Acts" (V. C. N. BLIGHT, GOVERNMENT PRINTER, NEW SOUTH WALES, 1968) https://www.lawreform.justice.nsw.gov.au/Documents/Publications/Reports/Report-04.pdf Pettit, Philip H, Equity And The Law Of Trusts (Oxford University Press, 2012) Secher, D., "The Doctrine Of Tenure In Australia Post-Mabo: Replacing The Feudal Fiction With The Mere Radical Title Fiction" [2006] Australian Property Law Journal Tham, Chee Ho, "Resuscitating The Trust Of A Chose In Action" (2005) 24(1) University of Queensland Law Journal Wilkie, Margaret, Rosalind Malcolm and Peter Luxton, Equity Trusts (OUP Oxford, 2012) Attorney-General v Brown [1847] 1 Legge 312 Fletcher v Fletcher [1844] EWHC Ch J69 Hickin v Carroll Ors (No2) [2014] NSWSC 1059 Honeywood v Honeywood [1874] L.R. 18 JA Pye (Oxford) Ltd v Graham [2003] AC 419 Mabo v Queensland (No 2) [1992] 175 CLR 1 Marsden v Edward Heyes Ltd [1927] 2 K.B. 1. Woodhouse v Walker (1880) [1880] 5 Q.B.D. 404 Zapletal v Wright [1957] Tas SR 211The Conveyancing Act 1919

Travelling Essay Example For Students

Travelling Essay Outline1 The role of travelling2 What is the benefits of travelling3 Is the travelling motivation? The role of travelling Travelling is an activity that allows people to see a lot of new places, make new friends, and experience the world in general. In addition, it allows to find a favourite place on the planet and return to it over and over again, obtaining motivation, experience, desire to move on, and having a rest at the same time. Every day, people from all around the globe make their decision to travel and visit foreign countries due to many various reasons, would it be a leisure time, a family rest, or a business trip. Depending on the distance, they travel by car, by train, by plane or by ship, in this way, obtaining a considerable pleasure from different ways of travel. For sure, fast and comfortable ways that include tickets on the plane on the ship are more expensive in comparison to cheaper ways like tickets on the train or the bus; nonetheless, each of these travel methods brings priceless experience and allows to feel unforgettable pleasant moments. What is the benefits of travelling We will write a custom essay on Travelling specifically for you for only $16.38 $13.9/page Order now It is important to mention that except experience, travelling provides a lot of significant benefits. The first of them is to develop and keep humility. Modern people usually feel stuck in the everyday routine. They work or study, sleep, eat, and communicate with each other, paying too much attention to unnecessary or insufficient things and leaving behind happiness, self- analysis, and harmony with the natural environment. Thus, travelling helps to distinguish the most important things in a life of every person, think over his or her plans and perspectives, and achieve happiness through communication with different people and visiting new places. As a result, people obtain the advantage from travelling the world in observing different lifestyles and understanding cultural and social settings of every particular community. The second benefit from travelling is the opportunity to look at the native country of a traveller from a completely different point of view. Thus, a person can make a thorough comparison of a home country, its infrastructure and social, political, and environmental conditions to those provided in the foreign location. This approach allows a person to see the advantages and disadvantages of the native location and form a new perspective on the nearest future. It usually appears that the government of the native country provides different freedom of speech, education, and social support. For example, students, who traditionally use cheap travel services, may discover that in the other country, they would experience a lot of difficulties connected with a lack of money, cheap accommodations, opportunity to combine studying and work together or take part in various student programs for free. On the contrary, they may distinguish numerous advantages of studying in their native country and appreciate them more. The third benefit is a great life experience provided by travelling. During trips, people tend to follow defined social norms, different laws, and cultural peculiarities that are traditional to the foreign places. In this way, they are forced to evaluate the quality of life in a foreign country and favour or disapprove the foreign social order. As a matter of fact, the notions and characteristics that play a decisive role in this evaluation are human rights, traditional beliefs, corruption, bribery, and attitude toward women and children. Taking into account this factor, it is possible to say that travelling is advantageous for people who want to obtain an individual experience and discover their inner perception of the world. Is the travelling motivation? Thus, travelling makes people adventurous and force to use all the opportunities provided in their lives. What is more important, this activity allows them to understand the real value of every single day on this planet and appreciate it more. While travelling, the individuals start to understand that the money they struggle to earn has no significant value. On the contrary, it is priceless to discover new things, meet new people, and obtain a new experience. Therefore, travelling provides a positive experience for people of different age, financial opportunities, and moral principles. It helps them to understand better themselves and their close people, solve conflicts, and obtain new beliefs and aims. This activity may change a person completely and help him or her to discover a new perspective in life, understand the reason of the human existence, or examine new peculiarities of the natural and social environment. It happens that a foreign cultural environment reveals the truth ab out the social norms in the native country, in this way, changing the worldview of a person, his or her main principles, and preferences in life. That is why it is why people like to travel the world and discover the countries with different culture, diving into the different reality that exists in small foreign communities, beautiful nature, friendly people, and tasty national dishes. This is the way they obtain the desired freedom, spiritual power, and wisdom.