Thursday, November 28, 2019
49 Unforgettable F. Scott Fitzgerald Quotes
49 Unforgettable F. Scott Fitzgerald Quotes F. Scott Fitzgerald is an American writer known for works like The Great Gatsby and Tender is the Night, along with other novels and short stories. Read 49 quotes from the life and works of F. Scott Fitzgerald. Quotes About Women A letter to his daughter, November 18, 1938 A great social success is a pretty girl who plays her cards as carefully as if she were plain. The Notebooks of F. Scott Fitzgerald Debut: the first time a young girl is seen drunk in public. Tender Is the Night It took him a moment to respond to the unguarded sweetness of her smile, her body calculated to a millimeter to suggest a bud yet guarantee a flower. Quotes About Men The Notebooks of F. Scott Fitzgerald Men get to be a mixture of the charming mannerisms of the women they have known. The Great Gatsby No amount of fire or freshness can challenge what a man will store up in his ghostly heart. This Side of Paradise The idea that to make a man work youve got to hold gold in front of his eyes is a growth, not an axiom. Weve done that for so long that weve forgotten theres any other way. Life and Love The Offshore Pirate, Flappers and Philosophers All life is just a progression toward, and then a recession from, one phrase - I love you. Tender is the Night Either you think - or else others have to think for you and take power from you, pervert and discipline your natural tastes, civilize, and sterilize you. The Great Gatsby Every one suspects himself of at least one of the cardinal virtues. The Notebooks of F. Scott Fitzgerald The kiss originated when the first male reptile licked the first female reptile, implying in a subtle, complimentary way that she was as succulent as the small reptile he had for dinner the night before. The Diamond as Big as the Ritz, Tales of the Jazz Age At any rate, let us love for a while, for a year or so, you and me. Thats a form of divine drunkenness that we can all try. This Side of Paradise There used to be two kinds of kisses. First, when girls were kissed and deserted; second, when they were engaged. Now theres a third kind, where the man is kissed and deserted. If Mr. Jones of the nineties bragged hed kissed a girl, everyone knew he was through with her. If Mr. Jones of 1919 brags the same, everyone knows its because he cant kiss her anymore. On Writing A letter to his daughter All good writing is swimming under water and holding your breath. The Crack-Up Boredom is not an end-product, is comparatively rather an early stage in life and art. Youve got to go by or past or through boredom, as through a filter, before the clear product emerges. A letter to his daughter, April 27, 1940 Often I think writing is a sheer paring away of oneself leaving always something thinner, barer, more meager. A letter to his daughter, August 3, 1940 Poetry is either something that lives like fire inside you - like music to the musician or Marxism to the Communist - or else it is nothing, an empty formalized bore around which pedants can endlessly drone their notes and explanations. The Notebooks of F. Scott Fitzgerald Show me a hero and I will write you a tragedy. When the first-rate author wants an exquisite heroine or a lovely morning, he finds that all the superlatives have been worn shoddy by his inferiors. It should be a rule that bad writers must start with plain heroines and ordinary mornings, and, if they are able, work up to something better. One Hundred False Starts Mostly, we authors must repeat ourselves - thats the truth. We have two or three great moving experiences in our lives - experiences so great and moving that it doesnt seem at the time that anyone else has been so caught up and pounded and dazzled and astonished and beaten and broken and rescued and illuminated and rewarded and humbled in just that way ever before. The Last Tycoon Writers arent people exactly. Or, if theyre any good, theyre a whole lot of people trying so hard to be one person. Its like actors, who try so pathetically not to look in mirrors. Who lean backward trying - only to see their faces in the reflecting chandeliers. Youth and Aging The Diamond as Big as the Ritz, Tales of the Jazz Age Everybodys youth is a dream, a form of chemical madness. The Notebooks of F. Scott Fitzgerald Genius goes around the world in its youth incessantly apologizing for having large feet. What wonder that later in life it should be inclined to raise those feet too swiftly to fools and bores. It is in the 30s that we want friends. In the 40s, we know they wont save us any more than love did. Cavalcade of America Radio Show The man who arrives young believes that he exercises his will because his star is shining. The man who only asserts himself at 30 has a balanced idea of what willpower and fate have each contributed. The one who gets there at 40 is liable to put the emphasis on will alone. The compensation of very early success is a conviction that life is a romantic matter. In the best sense, one stays young. A letter to his cousin Cici After all, life hasnt much to offer except youth, and I suppose for older people, the love of youth in others. Bernice Bobs Her Hair At 18 our convictions are hills from which we look; at 45 they are caves in which we hide. O Russet Witch! The years between 35 and 65 revolve before the passive mind as one unexplained, confusing merry-go-round. True, they are a merry-go-round of ill-gaited and wind-broken horses, painted first in pastel colors, then in dull grays and browns, but perplexing and intolerably dizzy the thing is, as never were the merry-go-rounds of childhood or adolescence; as never, surely, were the certain-coursed, dynamic roller-coasters of youth. For most men and women these 30 years are taken up with a gradual withdrawal from life. Places The Swimmers France was a land, England was a people, but America, having about it still that quality of the idea, was harder to utter - it was the graves at Shiloh and the tired, drawn, nervous faces of its great men, and the country boys dying in the Argonne for a phrase that was empty before their bodies withered. It was a willingness of the heart. Letter, July 29, 1940 Isnt Hollywood a dump - in the human sense of the word. A hideous town pointed up by the insulting gardens of its rich, full of the human spirit at a new low of debasement. Great One-Liners The Notebooks of F. Scott Fitzgerald No grand idea was ever born in a conference, but a lot of foolish ideas have died there. Optimism is the content of small men in high places. An idea ran back and forward in his head like a blind man knocking over the solid furniture. Forgotten is forgiven. You can stroke people with words. A letter to his daughter, September 19, 1938 Nothing is as obnoxious as other peoples luck Notes for The Last Tycoon Action is character. The Great Gatsby Personality is an unbroken series of successful gestures. Sometimes it is harder to deprive oneself of a pain than of a pleasure. The Crack-Up The test of a first-rate intelligence is the ability to hold two opposed ideas in the mind at the same time, and still retain the ability to function. The Beautiful and Damned The victor belongs to the spoils. Society and Culture A letter to his daughter, August 24, 1940 Advertising is a racket, like the movies and the brokerage business. You cannot be honest without admitting that its constructive contribution to humanity is exactly minus zero. This Side of Paradise People try so hard to believe in leaders now, pitifully hard. But we no sooner get a popular reformer or politician or soldier or writer or philosopher - a Roosevelt, a Tolstoi, a Wood, a Shaw, a Nietzsche, than the cross-currents of criticism wash him away. My Lord, no man can stand prominence these days. Its the surest path to obscurity. People get sick of hearing the same name over and over. The Rich Boy Let me tell you about the very rich. They are different from you and me. They possess and enjoy early, and it does something to them, makes them soft where we are hard, and cynical where we are trustful, in a way that, unless you were born rich, it is very difficult to understand. They think, deep in their hearts, that they are better than we are because we had to discover the compensations and refuges of life for ourselves. Even when they enter deep into our world or sink below us, they still think that they are better than we are. They are different. Letter to Ernest Hemingway, August 1936 Riches have never fascinated me, unless combined with the greatest charm or distinction. Babylon Revisited Family quarrels are bitter things. They dont go according to any rules. Theyre not like aches or wounds; theyre more like splits in the skin that wont heal because theres not enough material. The Notebooks of F. Scott Fitzgerald The easiest way to get a reputation is to go outside the fold, shout around for a few years as a violent atheist or a dangerous radical, and then crawl back to the shelter. The Past Show Mr. and Mrs. F. to Number - It is sadder to find the past again and find it inadequate to the present than it is to have it elude you and remain forever a harmonious conception of memory. The Great Gatsby So we beat on, boats against the current, borne back ceaselessly into the past. Sources: Fitzgerald, F. Scott. Selected Letters by F. Scott Fitzgerald. A.B. Rudnev, 2018. Fitzgerald, F. Scott. The Notebooks of F. Scott Fitzgerald. Harcourt Brace Jovanovich, October 1, 1978. Fitzgerald, F. Scott. Flappers and Philosophers. Vintage Classics, Vintage, September 8, 2009. Fitzgerald, F. Scott. Tales of the Jazz Age. Vintage Classics, Vintage, August 10, 2010. Fitzgerald, F. Scott. F. Scott Fitzgerald on One Hundred False Starts. The Saturday Evening Post, March 4, 1933. Various Authors. Cavalcade of America. CBS, 1937. Fitzgerald, F. Scott. The Swimmers. The Saturday Evening Post, October 19, 1929. Fitzgerald, F. Scott. Babylon Revisited. The Saturday Evening Post, February 21, 1931. Fitzgerald, F. Scott and Zelda. Show Mr. and Mrs. F. to Number - . Esquire, May 1, 1934.
Sunday, November 24, 2019
hypokalemic periodic paralysis Essay Example
hypokalemic periodic paralysis Essay Example hypokalemic periodic paralysis Essay hypokalemic periodic paralysis Essay Hypokalemic periodic paralysis is a rare, autosomal dominant channelopathy characterized by muscle weakness or paralysis with a matching fall in potassium levels in the blood (primarily due to defect in a voltage-gated calcium channel). In individuals with this mutation, attacks often begin in adolescence and are triggered by strenuous exercise followed by rest, high carbohydrate meals, meals with high sodium content, sudden changes in temperature, and even excitement, noise or flashing lights. Weakness may be mild and limited to certain muscle groups, or more evere full body paralysis. Attacks may last for a few hours or persist for several days. Recovery is usually sudden when it occurs, due to release of potassium from swollen muscles as they recover. Some patients may fall into an abortive attack or develop chronic muscle weakness later in life. Some people only develop symptoms of periodic paralysis due to hyperthyroidism (overactive thyroid). This entity is distinguished with thyroid function tests, and the diagnosis is instead called thyrotoxic periodic paralysis. [l] Patients often report years wasted with wrong iagnosis, wrong treatments, deadends and multiple doctors, test and clinics. The CMAP (Compound Muscle Amplitude Potential) test, also called the exercise EMG or X- EMG, is diagnostic in 70-80% of cases when done correctly. Besides the patient history or a report of serum potassium low normal or low during an attack, the CMAP is the current standard for medical testing. Genetic diagnosis is often unreliable as only a few of the more common gene locations are tested, but even with more extensive testing 20-37% of people with a clinical diagnosis of hypokalemic periodic aralysis have no known mutation in the two known genes. 2] Standard EMG testing cannot diagnose a patient unless they are in a full blown attack at the time of testing. Provoking an attack with exercise and diet then trying oral potassium can be diagnostic, but also dangerous as this form of PP has an alternate form known as hyperkalemic periodic paralysis. The symptoms are almost the same, but the treatment is different. The old glucose insulin challenge is dangerous and risky to the point of b eing life threatening and should never be done when other options are so eadily available[citation needed]. People with hypokalemic periodic paralysis are aften misdiagnosed as having a conversion disorder or hysterical paralysis since the weakenss is muscle based and doesnt correspond to nerve or spinal root distributions. The tendency of people with hypokalemic periodic paralysis to get paralyzed when epinephrine is released in fight or flight situations further adds to the temptation to dismiss the disorder as psychiatric. [3] hypokalemic periodic paralysis By Jian-Portacion
Thursday, November 21, 2019
Training and Coaching Essay Example | Topics and Well Written Essays - 2000 words
Training and Coaching - Essay Example In addition, employees also clarify the organizational attitude, beliefs or behavior. Through a series of repetitive practice employees improve their output by adopting the skills learnt and also improve these skills.Coaching forms part of the training development that occurs when a coach supports a learner to achieve a professional or personal goal. In most cases, coaching is a confidential learning process designed to improve the learnersââ¬â¢ performance, output, or personal growth. Unlike normal employee training, coaching is more effective since the coach is able to evaluate an individualââ¬â¢s progress. In this regard, the coach not only identifies the learnerââ¬â¢s strengths and weaknesses, but he also provides a forum for feedback, by clarifying areas where the learner performs well and areas in which the learner must improve on.à In several instances, coaching results to the learnersââ¬â¢ personal change in that a learner acquires clear understanding on the imp ortance of positive output towards the achievement of organizational goals. Coaching facilitates development of skills and performance aimed at specified tasks and overall job responsibility. Coaching also advocates for professional and personal development aimed at future responsibilities and professional roles.Identification of training and coaching needsIn an organization, training is often essential when employees are not meeting the organizationââ¬â¢s standard or failing to meet the expected performance level. The difference between actual.
Wednesday, November 20, 2019
The Concept and Process of Marketing Essay Example | Topics and Well Written Essays - 1000 words
The Concept and Process of Marketing - Essay Example Producers fully understand the value of their products but the consumer has no idea about that productââ¬â¢s value. Due to this producers have to come up with strategies of creating awareness to customers about the existence to the product, as well as going a step further of making its value known to the customers (Khonat, 2012, p.22). Moreover, marketing can also be understood from the organization perspective. Here it can be said to be a process of the management through which they are able to recognize, anticipate as well as satisfy customer needs in a profitable way. This definition has three main elements: first management has to be aware of customer needs, then come up with ways of satisfying them and finally they need to foresee customer needs. Upon the production of a particular product, the producers need to have a comprehensive understanding of their customers in order to have a long-term relationship with them (Houston, 2006, p.81). However, producers cannot overlook th eir objectives in business thus the whole process of marketing has to reap maximum profits to the producer. Customers are very important in business since it is through them that business objectives are accomplished. According to Khonat (2012, p.22), the main aim of business is profit making and this can only be achieved through two processes buying and selling. Customers participate in the process of buying, however they have to gain value for their money; this is called customer satisfaction (CS). CS is very important in business as it is able to retain customers as well as attract more customers. When customers are satisfied with the products they buy, a good exchange relationship is created between the two parties. Houston (2006, p.82) explains that marketing evolved in the early 1990s when business scholars realized the importance of understanding the relationship between sellers and potential buyers. Before its evolution, marketing was considered to be enclosed in the greater spheres of economics concepts. As buyers sought to come up with ways of establishing a stronger buyer/seller relationship, marketing emerged. In the early stages of marketing, organizations were less concerned about customer satisfaction but rather concentrated all their efforts into the philosophy of ââ¬Å"selling-as-much-as-we-can.â⬠With deeper studies into the marketing field, producers came to realize the importance of customer satisfaction in attracting and retention of customers (Brody, 2001, p.20). Today marketing is among the most pursued fields in the world of business. The main objective of marketing is creating a good relationship between the buyer and the seller (Khonat, 2012, p.22). Hence buyers should get satisfied with what they buy, at the same time sellers should earn a profit from what they sell. Marketing is important to both the seller and the customer when done effectively. It makes the sellersââ¬â¢ products known to the market and through this the sel ler is able to increase sales. On the other hand, buyers are able to know the existence of new products in the market, increasing their buying variety. Unfortunately, the persuasive nature of marketing has lead to the making of wrong choices by buyers (McDonald & Roberts, 2003, p.18). As such marketers should not exaggerate their product value rather they should convince customers using the exact value properties of the product. Let us consider the Coca cola Company in its internal and external environment.
Monday, November 18, 2019
No topic Essay Example | Topics and Well Written Essays - 1750 words - 1
No topic - Essay Example Human beings have to attain higher spiritual conception in order to achieve the love of God (Easwaran 15). The Yoga of the despondency of Arjuna (The first discourse) The bloody war between the Kauravas and the Pandavas took place at Kurukshetra. This was a result of the failure of the peace and unity mission by Lord Krishna when he visited Pandavas. They had no choice but to participate in the bloody war in order for them to attain what they perceived as their rightful share of the kingdom. Before the two sides could engage in war, Arjuna questioned the reasons and circumstances of the deadly carnage that was about to happen as he knew that it was not good for the people to fight and in turn kill innocent people for the sake of their pleasures and kingdom (Miller 31). In addition, he wondered if it was right for him to leave or surrender everything in favor of his enemies and retire in peace. Miller (33) state that, as Arjuna was faced with these confusing thoughts, feeling of despo ndency overtook Arjuna. Arjuna had no desire to participate in the war in that he had to turn to Lord Krishna for enlightenment and guidance. It is therefore rational to note that Arjuna realized that ignorance of the law is not an excuse to warrant a sinful act that would lead to destruction of property and loss of life. People should know that a sinful conduct is a serious crime unworthy of knowledgeable and reasonable people. In the Yoga of the despondency of Arjuna recorded in the Upanishads, shows Arjuna casting way his arrow and bow, and sat down on the chariot with his mind engulfed in sorrow. It is rational to argue that Arjuna did not want the two armies to fight because he knew it would be against the will of the Lord who likes to see people live in peace and unity (Easwaran 12). Sankhiya Yoga (The second discourse) Arnold (55) argues that, unlike in the first discourse where Arjuna is seeking guidance and enlightenment from the Lord Krishna, the second discourse began wit h Sanjaya explaining the state or conditions of Arjuna, who was disturbed because of fear and attachment. Lord Krishna rebukes Arjuna for his unwilling to participate in the war because of his attachment or ââ¬ËMohaââ¬â¢ and tells him to fight. Arjuna did not succeed in convincing Lord Krishna through his wise thoughts that war was disastrous to the society. According to Arnold, this is wise counsel that the Lord Krishna gives to Arjuna. In turn, Arjuna recognizes his helplessness and devotes fully to the service of the Lord, looking for his direction, wisdom, and guidance to overcome the conflict of his mind. The Lord pitied with Arjuna, went ahead to guide, and enlightened him on what he should do. He tells Arjuna about the immortality of the Atman, for which there is past, present, and future. This meant that the Atman is not mortal; therefore, Arjuna should not be overwhelmed by grieve and fear. This is because the Atman is beyond the earth, fire, water, ether and air sinc e it cannot be cut, dried or burnt, and is eternal. In the first discourse, the Lord Krishna rebukes Arjuna and is unwilling to enlighten him (Easwaran 15). Contrary to the second discourse where the Lord explains to Arjuna that everyone in the world experiences things like pain and pleasure, cold and heat because of the conduct of objects with human senses. A person who is in a position to balance between the pain and pleasure will be able to attain immortality. The Lord advises
Friday, November 15, 2019
Hong Kong Special Administrative Region and Positivism
Hong Kong Special Administrative Region and Positivism Critical Essay on Positivism with Special Reference to theà Hong Kong Special Administrative Region[S1] Introduction The[S2] word ââ¬Ëpositiveââ¬â¢, as used in jurisprudence, is derived from the Latin word positum, meaning ââ¬Å"having been laid downâ⬠. Its foundation consists in the pedigree thesis, separability thesis and the discretion thesis[S3]. The positive law school has its main pillars, such as Jeremy Bentham, John Austin, H.L.A Hart, Hans Kelson. This essay will study their views with reference to the Hong Kong Special Administrative Region (HKSAR[S4]). 1. The Pedigree Thesis Every society has some form of social order, some way of marking and encouraging approved behaviour, deterring disapproved behaviour, and resolving disputes. The pedigree thesis asserts that legal validity is a function of certain social facts[S5]. 1.1 Bentham and Austin: According to Bentham and Austin[1][S6], law is a phenomenon of societies with a sovereign;: a determinate person or group who have supreme and absolute de facto power. The laws in that society are a subset of the sovereigns commands: general orders that apply to classes of actions and people and that are backed up by threat of force or ââ¬Å"sanction[S7].â⬠. This imperatival theory is positivist, for it identifies the existence of legal systems with patterns of command and obedience that can be ascertained without considering whether the sovereign has a moral right to rule or whether his commands are meritorious. Imperatival theory has two other distinctive features, monism and reductivism. The mMonism: the theory represents all laws as having a single form, imposing obligations on their subjects, though not on the sovereign himself. The Reductivism: the theory on the other hand maintains that the normative language used in describing and stating the law talk of authority, rights, obligations, and so on can all be analyszed[S8] without remainder in non-normative terms, ultimately as concatenations of statements about power and obedience[S9]. Imperatival theory does not accord with the complexities of the present time:. fFor example, in Hong Kong (HK), according to the Basic Law Article 1,[2][S10], HKSAR is an inalienable part of the Peoples Republic of China (PRC). Under the system of ââ¬ËOne Country, Two Systemââ¬â¢, sovereignty of Hong Kong Special Administrative Region (HKSAR) belongs to PRC. PRC delegates power (executive, legislative and final adjudication power) to HK through Basic Law (ââ¬Ëcommandsââ¬â¢). The Basic Law has the feature of being reductivist, as it is concatenations[S11] of statements about power and obedience. Basic Law Article 22 states that Basic Law is not only binding on HK, but also binding on PRCââ¬â¢s institutions (sovereign),[3], therefore it does not haves the feature of monistic[S12]. In addition, the law is not backed up by threat of force or ââ¬Å"sanctionâ⬠from PRC. HK citizens agree with the Basic Law because they realise[S13] that the law provides various advanta ges to them all, other than by fear. 1.2 Hans Kelsen: Hans Kelsen, as a positivist, presents a normative approach and is concerned with what the law was and not what it ought to be, and sought a science of law free from metaphysical elements (hence a pure theory). In addition, Kelsen retains the imperativalists monism but abandons their reductivism[S14]. On Kelsenââ¬â¢s view, law is characteriszed by a basic form and basic norm. The form of every law is that of a conditional order, directed at the courts, to apply sanctions if a certain behaviour (the ââ¬Å"delictâ⬠) is performed. On this view, law is an indirect system of guidance;: it does not tell subjects what to do,; it tells officials what to do to its subjects under certain conditions. In HK, if Cap 210 Theft Ordinance s24 creates an offence of handling stolen goods which has penalties attached to it and the defendant handles stolen goods then the judge ought to apply the appropriate penalty[S15]. For Kelsen, as opposed to Austin, this is not just a case of the official being under a duty, but also having power or discretion in such situation. What we ordinarily regard as the legal duty not to handling stolen goods is for Kelsen merely a logical correlate of the primary norm which stipulates a sanction for handling stolen[S16] goods [4]. For the imperativalists, the unity of a legal system consists in the fact that all its laws are commanded by one sovereign. According to Kelsen[S17], it consists in the fact that they are all links in one chain of authority. For example, a by-law is legally valid because it is created by a corporation lawfully exercising the powers conferred on it by the legislature, which confers those powers in a manner provided by the constitution, which was[S18] itself created in a way provided by an earlier constitution. The very first constitutionââ¬â¢s authority, says Kelsen, is ââ¬Å"presupposed.â⬠. Kelsenââ¬â¢s will view is that an HK Ordinance is legally valid because the Basic Law confers members of the Legislative Council[5] and the HK Government[6] the power to propose new legislation,, in the form of bills, which are considered by the Legislative Council for enactment.[7]. The Basic Law confers those powers in a manner provided by the Chinese Constitution Article 31,[8], whi ch was itself created in a way provided by an earlier constitution, Organic Law.[9][S19]. However[S20], it is not easy to identify the basic norm in HK society as Kelsenââ¬â¢s idea of the nature of the basic norm is unclear. Since basic norm does not have a specific content, and since it is primarily presupposed, its role in the validation of the other norms in the hierarchy can be fraught with obscurities. 1.3 H.L.A. Hart If law cannot ultimately be grounded in force, or in law[S21], or in a presupposed norm;, on what does its authority rest? H.L.A. Hart comes up with an answer for the above question,question[S22]; he resembles Kelsens emphasis on the normative foundations of legal systems, but rejects Kelsens view of authority in favour of an empirical one[10]. For Hart, the authority of law is social. The ultimate criterion of validity in a legal system is a social rule that exists only because it is actually practiced. Hart makes use of two types of rule ââ¬â primary and secondary[S23]. Primary rules are those of obligation, which state what must or must not be done;. tThese are duty-imposing rules. Secondary rules are those of recognition, change and adjudication;. tThey are power-conferring rules designed to supplement the primary rules. The secondary rules affect the operation of the primary rules. People obey the primary rules under the legal system and the administrators of the system woul d also have to accept the rules of change, adjudication and recognition. It is an important feature of Harts account that the rule of recognition is an official custom, and not a standard necessarily shared by the broader community. If the imperativalists picture of the political system was pyramidal power, Harts is more like Webers[S24] rational bureaucracy. In HK, by looking at the legislation, we can identify many ordinances as primary rules. Examples are to be found from Cap 200 Crimes Ordinance and Cap 210 Theft Ordinance, etc. Hart[S25] tells us that these primary rules are needed concerning the free use of violence, theft and deception to which citizens are tempted but which they must, in general, repress if they are to coexist in close proximity to each other. The rule of recognition, classified as a secondary rule, is the ultimate rule which determines the existence and validity of other rules in a legal system[S26]. The rule of recognition resolves the problem of uncertainty as to the legality and validity of rules. HKââ¬â¢s rule of recognition can be found in the General Principles Chapter One of the Basic Law. For example, in the chapter, Article 2 of the Basic Law mentions that the National Peoples Congress (NPC) authoriszes the HKSAR to enjoy legislative power. Article 2 states that HKSAR shall safeguard the rights and freedoms of HK people. Article 8 states The laws previously in force in HK shall be maintained[S27]. Article 11 states that legislative and judicial systems, and the relevant policies, shall be based on the provisions of the Basic Law. No law enacted by the legislature of the HKSAR shall contravene the Law. Another type of secondary rules, the rules of change, enables changes to be made in the legal obligations which people may have under the duty-imposing primary rules of a legal system. There are two types of the rules of change: Private rules of change: these rules enable changes to be made in the legal relationships between private persons, for example, the rules of contract law and Cap 26 Sale of Goods Ordinance. Such rules confer power rather than imposing duties on HK residents in their private capacity. Public rules of change: these rules give public legislative officials the power to change the primary and other rules of a legal system. In HK, the main part of this rule lies at Article 73 of the Basic Law where it states that the Legislative Council has the power to amend laws in accordance with the provisions of the Basic Law and legal procedures[S28]. The last type of secondary rules, the rules of adjudication confer power on judicial officials to carry out the process of adjudication where a law has been breached or a dispute has risen. In HK, the rules of adjudication can be found in Article 2 of the Basic Law which states that the NPC authoriszes the HKSAR to enjoy independent judicial power, including that of final adjudication. In addition, Article 84 of the Basic Law confers the courts to adjudicate cases[S29]. 2. The Separability Thesis Positivists insist on the importance of the separation of law from morality. This thesis comprising the foundation of legal positivism is the separability thesis. This abstract formulation can be interpreted in a number of ways:. tThe most common view is that the separability thesis is interpreted as making only an object-level claim about the existence conditions for legal validity[S30]. As H.L.A[S31]. Hart describes it, the separability thesis is no more than the simple contention that it is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality, though in fact they have often done so.[11]. According to Kelsenââ¬â¢s Pure theory of Law[S32], all elements impure or extraneous to law had to be split off, to leave a remnant of material which is essentially legal. Accordingly, all natural law, moral, religious, social, and other accretions that are not strictly law had to be eliminated. More recently, Klaus Faber[12][S33] interprets it as making a meta-level claim that the definition of law must be entirely free of moral notions. This interpretation implies that any reference to moral considerations in defining the related notions of law, legal validity, and legal system is inconsistent with the separability thesis. Based on these views, we can come to a conclusion that the object-level interpretation of the separability thesis denies that there are moral constraints on legal validity;, it implies the existence of a possible legal system in which there are no moral constraints on legal validity. In HK, it is beyond doubt that moral considerations bear on legal validity:. Ffor example, in the discussion of Prevention of Cruelty to Animals (Amendment) Bill 2006 at the Bills Committee and the judicial review on the age of sexual consent for homosexuals, moral played an important role on legal validity. 3. The Discretion Thesis Discretion thesis is the view that judges make new law in deciding cases not falling clearly under a legal rule. A judge cannot decide a case that does not fall clearly under a valid rule by interpreting or applying the law; he/she must decide the case by creating or promulgating a law that did not exist prior to the adjudication.[13][S34] The discretion thesis does not belong to positivisms theoretical core, but many positivists regard the discretion thesis as a contingent claim that is true of some, but not all, possible legal systems. For example, Hart[S35] believes that there will inevitably arise cases that do not fall clearly under a rule, but concedes a rule of recognition could deny judges discretion to make law in such cases by requiring judges to disclaim jurisdiction or to refer the points not regulated by the existing law to the legislature to decide[14]. In HK, an example can be found in the case of HKSAR v Ng Kung Siu Others[15] (decided on 15 December 1999) (Ng Kung Siu). In this case, the Court of Final Appeal (CFA) has to decide whether s7 of the National Flag Ordinance and s7 of the Regional Flag Ordinance which criminalise the desecration of the national flag and the regional flag are inconsistent with the guarantee of the freedom of expression (Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and Article 39 of the Basic Law). The court finally decided that Freedom of expressionââ¬â¢ is not absolute and subject to certain restrictions: (a) respect of the rights or reputation of others; (b) the protection of national security or of public order (ordre public), or of public health or morals. Further, it created or promulgated a law by stating that it is common ground that the burden [of proof] rests on the Government to justify any restriction[S36]. 4. Conclusion From the above discussion, we can see that Positivismââ¬â¢s Imperatival theory cannot explain why HK citizens agree with the Basic Law. In addition, it is not possible to identify the basic norm in HK society as Kelsenââ¬â¢s idea of the nature of the basic norm is unclear. Also, in HK, moral did play an important role on legal validity. Positivism theory can hardly fully explain the current HK legal system. Kelsen, Hans (1945). General Theory of Law and State, trans. A. Wedberg, repr. 1961. New York: Russell and Russell, p.61 Footnotes [1] Austin, John, The Province of Jurisprudence Determined (Cambridge: Cambridge University Press, 1995) p166. [2] Article 1 of the Basic Law: The Hong Kong Special Administrative Region is an inalienable part of the Peoples Republic of China. [3] Article 22 of the Basic Law states: No department of the Central Peopleââ¬â¢s Government and no province, autonomous region, or municipality directly under the Central Govt. may interfere in the affairs which the HK SAR administers on its own in accordance with the Law. [4] Kelsen, Hans (1945). General Theory of Law and State, trans. A. Wedberg, repr. 1961. New York: Russell and Russell, p.61. [5] Article 74 of the Basic Law. [6] Article 62 of the Basic Law. [7] Article 73 of the Basic Law. [8] Chinese Constitution (CC) Article 31: CC will not apply to HK directly, except CC Art 31 from which HK Basic Law was derived. ââ¬Å"the state may establish special admin regions when necessary. The systems to be instituted in special admin regions shall be prescribed by law enacted by the NPC in light of specific conditions. (therefore BL apply to HK, without any other explicit endorsement from NPC). Art 31 for HK, Macao and Taiwan. [9] Organic Law of the National Peoples Congress of the Peoples Republic of China was adopted by the Fifth Session of the Fifth National Peoples Congress on Dec 4, 1982 as Chinas Constitution. [10] Legal Positivism, First published Fri 3 Jan, 2003, Stanford Encyclopedia of Philosophy. [11] Hart, H.L.A., The Concept of Law, Second Edition (Oxford: Clarendon Press, 1994) pp. 181-82. [12] Faber, Klaus, Farewell to Legal Positivism: The Separation Thesis Unraveling, in George, Robert P., The Autonomy of Law: Essays on Legal Positivism (Oxford: Clarendon Press, 1996), 119-162. [13] Dworkin, Ronald M., Taking Rights Seriously (Cambridge: Harvard University Press, 1977), p.17. Ronald Dworkin describes this thesis as follows: ââ¬Å"The set of these valid legal rules is exhaustive of the law, so that if someones case is not clearly covered by such a rule . . . then that case cannot be decided by applying the law. It must be decided by some official, like a judge, exercising his discretion, which means reaching beyond the law for some other sort of standard to guide him in manufacturing a fresh legal rule or supplementing an old one. [14] Hart, H.L.A., The Concept of Law, Second Edition (Oxford: Clarendon Press, 1994), p. 272. [15] Ng Kung-siu Anor v HKSAR [1999] 1 HKLRD 783, 2 HKC 10 (Court of Appeal) and HKSAR v Ng Kung-siu Anor [1999] 3 HKLRD 907, [2000] 1 HKC 117 (Court of Final Appeal). [S1]You must have a title, it acts as a focus for the first page. [S2]Indented paragraphs look better. [S3]You must cite your source for everything you say like this. The marker must have the option of checking facts. [S4]A longer introduction required, elaborate more on what positivism is and what you intend to argue for. [S5]OK, true enough, but you must cite your source. [S6]Good use of footnotes, excellent. See end for my notes on what to put in a footnote though. [S7]good [S8]Donââ¬â¢t use American spellings [S9]Good, but you need to cite a source. [S10]The footnote should always come after the punctuation. [S11]Consider re-writing, good to use words like this, but used in slightly the wrong context, perhaps sentence structure needs work. [S12]Again wrong word, probably monasticism. [S13]Good to use the English spelling here when you did not earlier. [S14]Cite your source. [S15]Are you intending to imply that this does not happen on occasion? [S16]Good. [S17]You must cite the reference. [S18]Looks untidy having two whiches like this in the same sentence. [S19]This paragraph contains good information, but the English needs cleaning up a little, it does not read well. [S20]Should not start a paragraph with however. [S21]ââ¬Å"or in lawâ⬠doesnââ¬â¢t make a lot of sense. [S22]Cite your source. [S23]Source. [S24]Cite weber [S25]Where? cite a reference. [S26]Good. [S27]If you are quoting, use quotation marks ââ¬Å" ââ¬Å", not ââ¬Ë ââ¬Ë. [S28]Good [S29]Again, good. [S30]Good. [S31]No need to use his initials, Hart will suffice. [S32]Cite your source. [S33]Good, you cite your source here but not elsewhere!!! [S34]Good. [S35]Reference. [S36]Good.
Wednesday, November 13, 2019
Nurses in Works Progress Administration Memories :: Nursing Careers Professions Medical Essays
Nurses in Works Progress Administration Memories Evidence from American Life Histories: The Federal Writers' Project, 1936-1940 American nursing transformed in the late nineteenth and early twentieth century from a family and community duty performed largely by untrained women in family homes, to paid labor performed by both trained and untrained women and men in a variety of settings. Distinctions between types of nurses increased in this transition. Life histories of nurses taken by Works Progress Administration (W.P.A.) writers in the late 1930s provide valuable insight into the experience of some of these nurses. Enthusiast historians within the leadership of professional organizations have commonly focused on the accomplishments of notable nurses and professional organizations in what became a narrative of professional and societal progress. This narrative, whole providing much rich historical data and analysis, ignores the vast majority of nursesââ¬â¢ experience and voices. In the mid nineteen eighties, as nursing was increasingly embattled in a growing health care industry, historians, some from outside the nursing profession, began to examine this history. Barbara Melosh examined written and oral accounts of nurses in American from 1920 and through the Second World War in The Physicianââ¬â¢s Hand: Work Culture and Conflict in American Nursing. She found that while the reform aim for nurse leaders in this period was professionalization, other nurses resisted or were distant from this process. For these nurses, the shared experience of the changing of the demands and rewards of nursing shaped their work and thinking. [1] Melosh attempts to place nursing within the context of womenââ¬â¢s, labor and medical history. She proposes that the growing divisions within nursing itself arose from nursesââ¬â¢ position in the medical hierarchy, and the fight for both legitimate authority and control over the work process itself. She also posits that nurses developed an ââ¬Å"occupational cultureâ⬠that placed manual skill and direct patient contact over theoretical training at the same time that nursing elites were successfully winn ing a battle for degrees and credentialing over the apprenticeship model of the nineteenth century. [2] Lastly, she finds that while stratification of nursing as paid labor mirrored societal relations of gender, race and class, the experience of both apprenticeship and professionalization contributed to the separation of nursing from pre modern roots.[3] Susan Reverby in Ordered to Care: The Dilemma of American Nursing, 1850-1945, finds that the story of American nursing revolved around the women and an obligation to careâ⬠¦in a society that refuses to value caring.
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