Wednesday, April 15, 2020

Term Paper- Ancient Sumeria/Babylon Essays - Epic Of Gilgamesh

Term Paper- Ancient Sumeria/Babylon Term Paper- Ancient Sumeria/Babylon One of the many ancient civilizations that need to be clarified is ancient Sumeria. Sumer was an ancient region in southern Mesopotamia, located in the extreme southeastern part of what is now Iraq. The land of Sumer was virtually devoid of human occupants until about 5000 BC, when settlers moved into the swamps at the head of the Persian Gulf and gradually spread northward up the lower Tigris-Euphrates Valley. Although the Sumerians as people disappeared, their language and literature continued to influence the religion of their successors. Their basic economic organization and system of writing cuneiform, architectural forms, and legal practices remained in use. "Later generations elaborated upon the mathematics and astronomy that the Sumerians had originated." (Beret 113.) Almost every culture or ancient civilization has a flood story. For example, in the Old Testament, there was a flood story that lasted forty days and forty nights. In the Sumerian civilization, there is a flood story as well. The motive for the flood story in the Old Testament is similar to the motive in the flood story in the Sumerian culture. This motive was to punish the wickedness of men. The flood happened in a city called Shurrupak. It stands on the bank of the Euphrates River. The city grew old and the gods that were in it grew old. The city was in an uproar and the god Enlil heard the clamor and he said to the god in the council, "The uproar of mankind is intolerable and sleep is no longer possible by reason of the babel." (Bailey 59.) The gods decided to exterminate mankind. "For six days and six nights the winds blew, torrent and tempest and flood overwhelmed the world, tempest and flood raged together like warring hosts." (Bailey 57.) Even the gods were terrified at the flood, they fled to the highest heaven, the firmament of Anu. In Babylonian civilizations, a god is responsible for reasoning and wisdom. This god of wisdom is Enki. Enki receives his power from the resources and fertility of the land. The myth of Inanna and the god of wisdom begins with Inanna delighting in her womanhood and wishing to test its powers. In this myth, Inanna goes on a journey. Inanna sets out to visit Enki, the god of Wisdom, who is also the god of Waters. In Sumerian, "Enki" means the god of the Earth. (Beret 111.) As god of wisdom, Enki knows that the powers of knowledge need to be shared. As king of Eridu, he knows that the best rule is the self-sufficiency of his citizens. (Beret 111.) As a father, he knows the best way to raise his children is by encouraging initiative and independence. "Like a first drop of water, which generously offers a place o the second drop, Enki in his state of drunkenness, freely shares his own powers." (Beret 111.) Enki belives that power should be concurrent. Powers should be shared among citizens. He believes that when this task is done, more wisdom is gained to the individual. A hero is a character whose actions are inspiring and or noble. Deeply troubled by the death of his friend Enkidu, Gilgamesh embarks on a quest not for glory but for everlasting life in the flesh. Gilgamesh is a great hero known for defeating Humbaba. Gilgamesh has a restless and arrogant nature. Enkidu was created by the goddess Aruru because of Gilgamesh's strong arrogance. Enkidu was made to contend with Gilgamesh and absorb his energies. However, Enkidu was no match for Gilgamesh. Instead he became his faithful companion. Enkidu is like the rational type while Gilgamesh acts bold and fearless. "O my Lord, you may go on if you choose into this land, but I will go back to the city, I will tell the lady mother all your glorious deeds till she shouts for joy; and then I will tell her the death that followed till she weeps for bitterness." (Wolkstein 143.) This quote shows how Enkidu is rather reluctant to assist Gilgamesh in fighting Humbaba. Gilgamesh on the other hand is so arrogant and naive he doesn't know Humbaba's strength. When Gilgamehs was fighting Humbaba, Enkidu died. Gilgamesh is deeply troubled by the death of his companion and friend Enkidu. "Hear me, great ones of Uruk, I weep for Enkidu, my friend. I weep for my brother." (Wolkstein 144.) The king can't accept the inevitability of death, and with all the energy of his proud and restless nature, he begins a quest, or search, for everlasting life. He determines to find Utnapishtim, survivor of

Sunday, March 15, 2020

This problem question deals with the law of adverse possession of land Essays

This problem question deals with the law of adverse possession of land Essays This problem question deals with the law of adverse possession of land Paper This problem question deals with the law of adverse possession of land Paper Essay Topic: Law In order to advise Jason as to his position, the principles that govern this area of law must first be identified. Once identified, these rules can be applied to the specific situation at hand. The idea behind adverse possession is that of title by long possession. It is an accepted commentary that certainty of title to land is a social need and occupation of land which has long been unchallenged should not be disturbed. Under the rules of property law a person who takes possession of land immediately assumes property rights over all but those persons who, like the landowner can assert a better title. 2 The law of adverse possession makes it possible for this person to become the legal owner of the land through mere lapse of time by extinguishing the title of the paper owner if he does not take action to recover his land within a given time period. The policy behind this rule is that those who go to sleep upon their claims should not be assisted by the courts in recovering their prop erty. Before there can be a successful claim of adverse possession certain statutory and common law requirements must be fulfilled. The statutory rules are found in the Limitation Act 1980. The legislation says that no action can be brought by a landowner to recover his land after the expiration of twelve years from the date on which the right of action accrued to him, or from the date on which the right accrued to some person through whom he claims. The right of action is seen as having accrued once a landowner has been dispossessed of his land or has discontinued use of it and the land is in the adverse possession of some other in whose favour the period of limitation can run. 5 The result of land being adversely possessed for the entire period of limitation is that the original landowners title is completely extinguished,6 putting the adverse possessor of the land in the position of having a possessory title which is good against the whole world. I will look first at the situation involving the adjoining farmland on the east side. Although Jason purchased Holly Cottage in 1991 and so cannot have been in possession of the disputed land for twelve years, it is still possible for Barrys title to have been extinguished. The legislation states that the adverse possession must be continuous against the landowner7 but need not be maintained by the same individual for the entire time. Successive periods of squatting can be cumulative in effect so there is a possibility that the land has been adversely possessed for sufficient time. If Jason is to prove that Barry has lost his right of action, his chances will initially rely on whether he can show that Jill exercised adverse possession of the disputed land in her time at Holly Cottage. The requirements needed to prove successful adverse possession are to be found in the common law and were reviewed in the Court of Appeal case Buckingham County Council v Moran. 8 Firstly, the owner must lose possession. Possession can only be lost through discontinuance or dispossession. Discontinuance is particularly difficult to prove as even when the landowner is not in actual possession of the land there is a presumption that he has constructive possession of it. 9 Dispossession requires some act, or ouster by the squatter that results in depriving the landowner of use of the land. Secondly, the intruder must take factual possession of the land. This possession must be open rather than in secret, must be gained without the use of force and must not be with the consent of the landowner. Possession must be exclusive10 and the alleged possessor must have exercised an appropriate degree of physical control over the land. Decisions on the sufficiency of possession are dependant upon a situations specific facts, and acts that imply possession in one case may not be adequate to prove it in another. Factors that should be taken into account include the character and value of the land, its natural mode of use and whether the alleged possessor has dealt with the land as an occupying owner might have been expected to deal with it. 11 The third provision is that the possession must be inconsistent with the landowners title. This is the adverse requirement for a successful claim. Any possession that is concurrent with the landowners is not sufficient to support a claim. 12 Possession that is exercised with the permission of the landowner13 or under some lawful title can never be adverse in nature. 14 Finally, the adverse occupier must have an intention to possess the disputed land. The intention required comprises an intention, in ones own name and on ones own behalf, to exclude the world at large, including the owner so far as is reasonably practicable and so far as the processes of the law will allow. 15 Jill used the land for growing fruit. This seems to be a reasonable mode of use as the land is farmland so there is a good chance that Jill will be seen as having took factual possession. The existence of the letter tells us that since at least 1976 her possession would have been without the consent of Barry and therefore adverse to his title. The fact that Barry had an intent to use the land in the future would have no bearing on the claim. It is long sustained possession that is the root to a successful claim,16 not the intentions of the paper owner. 7 We do not know if Jill carried out any equivocal acts that would serve as evidence of her intention to possess the land but it is suggested that she had the necessary intention of exercising her control of the land for her own benefit. 18 Whether or not Barry lost possession is more doubtful and is essential to the claim. If it were found that Barry had lost possession and the other requirements had also been fulfilled, his title wou ld have been extinguished before Jill had sold the property and therefore he would be statute barred from bringing an action against Jason. However, there is no evidence of an ouster on Jills part and it would most likely be presumed that Barry had retained possession. In this case Jills time at Holly Cottage would be irrelevant and Jason will only be able to rely on his own residency. When Jason took occupation of Holly Cottage he fenced in the boundaries and in doing so incorporated the farm land into his own. This act of taking control of the land would be sufficient to dispossess Barry. 19 It would also be evidence of his intention to possess the land, as it would have the effect of excluding all others from the land. 0 It is unclear what Jason uses the farmland for but by excluding all others he has exercised exclusive control over it, so it is likely that he would be deemed to have taken possession of it. His possession is not with the consent of Barry and so is adverse to Barrys title. Jasons mistaken belief that the land was actually his will not hinder his claim as adverse possession can arise through ignorance or mistake. 21 Jason has exercised adverse possession but has not yet done so for the limitation period of twelve years so Barrys title has not yet been extinguished. Written communication such as the letters that Jason has received are insufficient to stop the limitation period running. 22 To end the limitation period Barry must start possession proceedings and bring an action for possession. Jason should remain in possession of the disputed land and if proceedings are not begun within the limitation period Barry will be statute barred from bringing an action and his title will be extinguished. Jason would then have a possessory title that was good against the whole world and could apply to the Chief Land Registrar to be registered as the proprietor. In so far as the barn on the west side of the cottage, as with the farmland there seems to have been no ouster performed by Jill and it is unlikely that the courts would find that the true owner had abandoned it. Jason carried out structural work on the barn and has since used it as a mechanical workshop. There is a good chance that a court would find that Jason took possession of the barn, and the structural work he carried out can be seen as evidence of his intention to possess. He does not have the consent of the landowner so his possession is adverse. The only real doubt about Jason exercising adverse possession in relation to the barn is whether or not the true owner lost possession. It would be for the court to decide if Jasons actions had dispossessed the landowner or if he had discontinued use of his land. If the landowner has not lost possession of the barn Jason could come to some agreement that would entitle him to use it under a form of license. On the other hand, if Jason were found to be exercising adverse possession and the true owner failed to initiate possession proceedings within the limitation period, the title of the true owner would be extinguished. The fact that Jason said he was willing to pay for the use of the barn would not harm his claim, as it does not mean that he does not intend to possess the barn. 23 So if the true owners title is extinguished then Jason has a better title in relation to all others and can apply to be registered as the proprietor. The law of adverse possession is soon to be reformed by the Land Registration Act 2002. This act will only apply to registered estates, and is intended to reduce the scope of adverse possession claims so as to introduce certainty to the law. The idea behind the new scheme is to put the onus of taking the initiative on the squatter, and to give the registered owner notice and opportunity to terminate the adverse possession. This will put a stop to unaware landowners losing out through mere lapse of time. Basically, the position24 will be that after ten years of adverse possession a squatter can apply to become the registered proprietor. The registered proprietor and others with interests will be notified and be given two months to object. If there is an objection the application will be rejected unless the squatter can establish his entitlement, for instance proving that he reasonably believed the land belonged to him. If the application is rejected but the squatter remains in adverse possession for a further two years he can then apply once more to be registered. There can be no objections to this application and the squatter will acquire the property. Under these new regulations Jason may have had a better claim to the disputed pieces of land. In both cases he has been in possession of the land for ten years, meaning he could apply to be registered. If he could prove that it was reasonable for him to have believed the land was his he would have acquired the title to it. If this could not be proved Jason could still gain the land through the inactivity of the true landowners.

Thursday, March 12, 2020

The Book of Job- Theological issues and doubts through each verse.

The Book of Job- Theological issues and doubts through each verse. JOB.This is a book that deals with good and evil and yet fails to mention once a reward or punishment in the afterlife. This is probably a gentile book translated for a Hebrew audience; Job does not know the Israelite name for Yahweh and he himself comes from northern Arabia. The whole purpose of the book apparently is to explain the cause of suffering, and yet it gives no answer at all. Sometimes it is to punish sins. Sometimes it is to warn others not to sin. Sometimes, as in the case of Job, there is no damn reason at all. All we are told after asking tonnes of valid theosophical questions is not to bother asking.i.6-12: Satan is presented here literally as Yahweh's right-hand man who works for him.Gods and sodasi.7: God asks where Satan has been lately (apparently God didn't know), and Satan answered saying, From walking to and fro in the earth, and from walking up and down on it, a verse which would later inspire Mark Twain's Letters From the Earth. This is in fact later contrad icted in xxxiv.22.i.6: Again, who are these sons of God? Jesus therefore isn't the only one.i.7: Why would God ask Satan Whence comest thou if he's omniscient?i.7-12: God is voluntarily allowing himself to be tempted by Satan and permits the completely unjustified and undeserved calamities to fall upon the faithful Job as well as giving Satan everything Job owns.i.21: Instead of the Lord it should refer instead to Mother Earth.ii.1: Another reference to the sons of God.ii.3-7: God permits Satan to torment Job, just to see his reaction.iii.9: Rather than dawning of the day, it should read instead the eyelids of the morning.iv.18: Apparently even Yahweh's own angels...

Friday, February 28, 2020

The Santa Barbara Courthouse Assignment Example | Topics and Well Written Essays - 500 words

The Santa Barbara Courthouse - Assignment Example The structure, layout, and height of the building also make it very impressive to look at. The courthouse was built out of stone, metal, wood, terra cotta, stucco, glass, and ceramic tile. It is made up of four buildings including an 85-foot clock tower. The structure is quite tall and also covers an entire city block. The main entrance features very wide stairs and a very large half-circle door opening, creating a very majestic and stylish visual spectacle. The entry arches are made of sandstone. This entry also features a wrought iron Spanish pendant lamp. There is also a sandstone plinth at the bottom of square pilasters that collect rainwater around a 4-inch wide wall that resembles a castle moat. The building also features a rear entry arch as well. The inside of the building is equally as impressive as the outside; perhaps even more impressive. Hand-painted ceilings are found throughout the building which includes a mural room as well. The entire floor of the building is composed of hand-made terra cotta tile. The interior also captures the Mission Colonial Revival style and has a classic castle fortress style appearance. The Santa Barbara Courthouse is described by The Architectural Resources Group as an Andalusian castle-style building that has a â€Å"romantic fortress aesthetic, complemented by Andalusian massing and asymmetry† (‘Santa Barbara Courthouse’). This is also the sense I first got when looking at both the exterior and interior of the building. The landscaping around the building is also visually appealing and compliments the building as well. It features several different types of trees, plants, and flowers. A lawn also covers much of the building grounds. The building is visually appealing in a number of different ways and that is why I feel it is a place I would like to be in or around. As mentioned earlier, the architecture of the building also has historical and cultural significance.

Tuesday, February 25, 2020

Domestic Violence During Pregnancy Research Paper

Domestic Violence During Pregnancy - Research Paper Example                                  Domestic Violence During Pregnancy Introduction: This paper aims to discuss various effects of domestic violence during pregnancy. Domestic violence is becoming an epidemic in almost every part of the world. This is a public health issue, seriously affecting the health of women. According to a recent report by a US daily, out of 33 developed countries, the United States is in the 27th position for life expectancy after birth. â€Å"Pregnancy is a time when friends, family, and health professionals expect a woman’s partner to be particularly concerned about and attentive to her health and well-being. It is difficult to imagine that anyone, let alone the father of the baby, would intentionally injure a pregnant woman, thereby jeopardizing her health and the health of the fetus† (Humphreys & Campbell, 2011, p. 155). In a recent government health plan call â€Å"Healthy People 2020† released by the U.S. Departmen t of Health and Human Services mentioned that domestic violence during pregnancy is found out to be the cause of complications like pre-term birth or low birth weight-outcomes. This type of violence also can cause various risks of maternal, prenatal and child health, miscarriage, infection, fetal injury and fetal death. While domestic violence occurs, injuries to the abdomen, breasts and genitals are some of the common factors. Apart from these physical risks, abusing during pregnancy can cause end number of psychological consequences like depression, stress and dependence to tobacco, drugs and alcohol. â€Å"Common sense demands that pregnant and nursing women minimize their exposure to xylene, just as they should minimize their exposure to alcohol, tobacco and other drugs† (Pregnancy, 2007, p. 68). Apparently, these psychological consequences affected the baby most as the majority of the time the mother losses attention in her or her baby’s physical condition, both t hrough the pregnancy and following the child is born. â€Å"One study found that 15 percent of women were assaulted in the first four months of pregnancy and 17 percent were physically abused during the last five months of pregnancy† (Sterne et al. 2010, p. 48). Nursing Care Consideration to Domestic Violence: What Nurses can do? Research found that around 324,000 pregnant women in the United States are battered by their intimate partners every year. Hence, there is a need of creating awareness against domestic violence during pregnancy keeping in mind the fact that domestic violence is becoming the largest cause of injury for women in the United States. As per nurses are concern, all nurses and health care professionals of all specialties are likely to assist help to the women sufferer of domestic violence. Nurses must assure the sufferer a proactive assistance to this dilemma. They should involve themselves to treat the sufferers of domestic violence. They should take a hel pful and empowering approach towards the patients. While assessing the patient who faced domestic violence, it is very necessary for the nurses to create a believing and accepting environment, so that the patient does not lose her self esteem. Various researchers found that believing, accepting and supporting patient by the nurses can improve the psychological healing of such patients. What are the impacts of battering to the individual client, newborn and the family? Although there are lots of literature reviews, the impacts of domestic viole

Wednesday, February 12, 2020

Regulatory bodies are best placed to secure environmental protection Essay

Regulatory bodies are best placed to secure environmental protection Discuss - Essay Example The compliance assurance features of better regulation include initiating time limits for regulatory decision making, minimising the onus of paperwork by substituting to self-reporting and enhanced overseeing of compliance monitoring activities so that business assigns minimum resources and time to inspection by government authorities. The UK government so as to overhaul its industrial pollution control system has introduced a new Integrated Pollution Control system (IPC) as early as 1990 through the Environmental Protection Act. The Environmental Act 1995 established the Environmental Agency. (Bohne: 435). Further, the UK government had combined the additional policy objective with its regulatory reform with an aim to regain more influence on European Environmental Regulations. In UK, the Hampton Principles was adopted which outline a regulatory system perused in tune with the requirements of the 21st century where risk assessment will be the foundation for all environmental program mes. Further, the UK government has made public a regulatory code of practice to compel both the local and national regulators to adhere the Hampton Principles. In April 2008, the Regulators’ Compliance Code came into force. Further, UK has also adopted a common framework for evaluating administrative burdens namely the Standard Cost Model. Moreover, the Impact Assessment Guidance issued by the UK Better Regulations Executive needs an evaluation of the â€Å"aggregate annual cost of enforcement of the regulatory proposal. Further, UK government is contemplating to introduce a system of regulatory budgets to minimise the aggregate costs of its new regulations’ adherence cost on the economy. (OECD2009:45). 2. What are the main characteristics of the British system of regulation? What processes are involved? What are its strengths and weaknesses? The UK government so as to overhaul its industrial pollution control system has introduced a new Integrated Pollution Control system (IPC) as early as 1990 through the Environmental Protection Act. UK can be said to be the leader of an integrated pollution control system not only in the Europe but in the whole world. Section 7 (4) & (7) was successfully exported to Europe from UK. As per Emmot and Haigh (1996:305), the IPC concept of â€Å"Best Available Techniques Not Entailing Excessive Cost† (BATNEEC) which was employed to evaluate the emission limit values which reappeared in the BAT specification of the IPPC directive. As per farthing et al (2003:75), the holistic IPC doctrine of â€Å"Best Practicable Environment Option† (BPEO), though not overtly emphasised in the IPPC directive, is mirrored in the regulations of the IPPC directive to accomplish a greater level of safeguard for environment as a whole, and not to shift the pollution from one medium to another i.e. air, water and land through the Art. 9(1) and (3) of the IPPC directive. (Bohne2006:435). UK assumed the leadership role in EU industrial pollution control legislation by exporting the IPC system to Europe. As per Bell and McGillivray (2006:770), UK kept the administrative and legislative upheaval for the transposition of the IPPC directive to a bare minimum. (Bohne 2006:435). EIA – Environment Impact Assessment It is a technique to make us to understand the probable environmental impacts of major projects both the existing and in the development stages also. The regulations and

Sunday, February 9, 2020

U.S. Supreme Court review of Gideon v. Wainwright Essay

U.S. Supreme Court review of Gideon v. Wainwright - Essay Example No history of the right to counsel could be complete without a discussion of Gideon v. Wainwright - one of the best-known and most significant right to counsel decisions rendered by the Supreme Court. The Warren Court's landmark 1963 opinion in Gideon revisited the issue confronted twenty years earlier in Betts v. Brady - the scope of an indigent defendant's constitutional entitlement to government-provided assistance in state court. The Gideon Court's straightforward, unanimous holding constituted the last major step in the historical expansion of the constitutional right to counsel in America. Its forceful reasoning elevated the status of the right to counsel to new heights, giving it an honored place as the most fundamental of all rights guaranteed to the accused.Mr. Gideon was charged with the crime of breaking and penetrating a poolroom with the aim to commit a misdemeanor. He appeared in court without an attorney. Because he could not afford to have a lawyer, he claimed that th e judge appoint counsel. The judge did not accept the request, informing him that Florida law permitted appointed counsel only in capital cases. In the trial that followed, Gideon made an opening statement, cross-examined government witnesses, called his own witnesses, declined to testify, and made a short closing argument. The jury found him guilty, and he was sentenced to five years in prison. The Florida Supreme Court denied a petition for a writ of habeas corpus. To reconsider the issue resolved in Betts v. Brady, the Supreme Court granted review. The Court first observed that the facts of Betts and Gideon were so similar that the holding of Betts, if still good law, would require rejection of Gideon's contention that he had a due process entitlement to appointed counsel. The Court then declared, however, that after reconsidering the Betts holding, it had decided that it should be overruled. According to the Gideon Court, the fundamental nature of the right to counsel had been established in Powell v. Alabama - ten years before Betts was decided. Although the Powell Court had limited its holding to the particular circumstances of the case, "its conclusions about the fundamental nature of the right to counsel [were] unmistakable" (cited in Van Gerven 97). Moreover, in subsequent cases, including Johnson v. Zerbst, the Court had made it clear that the assistance of counsel was " 'necessary to insure basic human rights of life and liberty.' " By failing to acknowledge that the assistance of counsel is always essential for a fair trial and concluding that the " 'appointment of counsel is not a fundamental right,' " the Court's opinion in Betts v. Brady "made an abrupt break with its well-considered precedents" (ibid.). In so doing, it had erred. Precedent was not the only reason to declare Betts misguided. "[R]eason and reflection" also led to the "obvious truth" that "in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him" (cited in Garcia 70). After all, the government deems it essential to have lawyers prosecute criminal cases, and few criminal defendants who can afford them "fail to hire the best lawyers they can get." These are "strong[] indicationsat lawyers in criminal courts are necessities, not luxuries." From the start, American law has put "great emphasis on procedural and substantive safeguards designed to assure fair trials before impartial tribunals in which every defendant stands equal before the law. This noble ideal cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him" (cited in Alfieri 1459). As the Powell Court had observed, the righ t to be heard would mean little if it did not include the right to be heard through counsel. Even intelligent laypersons lack the legal skill and knowledge required to adequately defend against accusations. Although they may in fact be innocent, they