The existence of god Essay Example | Topics and Well Written Essays - 1250 words

The existence of god - Essay Example In this way, the analysis will seek to provide a thoughtful overview of some of the most salient critiques of Anselm’s ontological view as well as to provide the reader with the alternate views that philosophers have developed over the years in response to it. Stone asserts that Anselm’s argument purports that God is conceived as the being that supersedes other beings. He purports that God exists in both understanding and reality. This is because if His existence was perceived not to be in reality, another being greater than God could be conceived. Therefore, his argument articulates that God really exists. Gaunilo’s argument uses the model of a perfect island to counter-argue Anselm’s strategy (Stone). The perfect island is described as a piland taking the form of an island in the mind which in reality is perceived greater than the piland idea. He purports that the occurrence of a piland idea in the mind proves that the piland exists. Gaunilo did not iden tify the fault in Anselm’s theory, but warned that there is something wrong with it because if the theory was perfect, then its logic can be applied in proving things that one has no reason to believe to be true (Burgess 2). For instance, Guanilo suggested the possibility of constructing an argument like that of the ontological argument proving the occurrence of a lost island (Burgess 3). His critique replaces the term ‘God† with â€Å"lost island† and views the idea that anything than which nothing bigger can be conceived must exist. It is reasonable to point out that Anselm’s approach is a supposition that a tangible thing corresponding to an idea emanates from an idea itself. The objection to the ontological idea is that of defining things into existence which is viewed as impossible. Stone asserts that Gaunilo shared this worry to explain that a person could use non-existent things to portray the existence of non-existent things. According to Gau nilo, if the argument for a superior being works, even that of a lost island is true; which is absurd (Burgess 3). In his response to Guanilo, Anselm purports that the concept is only applicable to God, as He is the only being that can be conceived. According to Stone, Anselm argues that Guanilo’s lost island strategy is variably spurious because Guanilo provides no justification to prove the island exists. Additionally, a perfect island is perceived as the one with abundant lush palm trees and pristine beaches. This proves the incoherence of this argument because perfection cannot be quantified through reference to these features as each island is perfect in its own way. This implies that there is no greater island than which no greater island can be conceived. Consequently, the concept of a greater God is coherent. This is because the features that are used to describe God are superior to that any other being can possess e.g. moral goodness, power and knowledge. Similarly, Immanuel Kant, the 17th century philosopher who actually coined the term â€Å"ontology† and â€Å"ontological†, had a specific criticism of Anselm’s rather simplistic means of argument. Although agreeing with the premise that God existed, Kant sought ot further differentiate the manner by which human rational and understanding could necessarily seek to prove or disprove such an existence. As a function of this, Kant argued that

Corporate failure prediction methods Essay Example | Topics and Well Written Essays - 1000 words

Corporate failure prediction methods - Essay Example Fair value accounting refers to a financial reporting method under the Generally Accepted Accounting Principles (GAAP) the method allows companies to measure as well as report the value of assets and liabilities on the basis of their actual or estimated fair market prices. Some of the advantages of fair value accounting include the fact that it provides a more accurate valuation of assets and liabilities. Therefore, it accurately relates the value of assets and the market price. The method also limits a company’s ability to manipulate its reported net income hence leading to the portrayal of true income. It is timely in nature owing to the fact that it reports gains or losses on assets in the period that they occur. One of its disadvantages is that it may adversely affect the market conditions in a negative way. The lower value of an asset after revaluation may lead to a fall in the prices of all related assets thus affecting the market negatively. The method may also result i n a number of challenges to firms as well as to the users of the reported financial information. The market conditions in which a given asset and liability is traded may fluctuate in many occasions and become more volatile in some situations (Cooper, 2007, 17-18). On the other hand, historical cost accounting is a technique that values assets and liabilities at the price paid during its acquisition. Revenues, assets, and expenditures are recorded based on their time of acquisition. Revenues are recorded based on their time of acquisition.

An American Myth Exploded in Arthur Miller’s Death of a Salesman Essay

An American Myth Exploded in Arthur Miller’s Death of a Salesman Arthur Miller’s Death of a Salesman is a demonstration of the affliction with which America has been stricken. It is an affliction of false idealism, but also a birthing of the consumer. It is this consumer society which is the affliction, and the characters of this drama are unable to cure themselves of it. Willy Loman is the manifestation of the consumerism which is destroying society. He is the corporeal manifestation of this myth, and the American dream is the myth itself. This myth can be broken down into several parts itself. First is the belief that situations, commodities, etc. improve with time, which is a technological misconception. Second is the understanding that hard work is necessary to bring about this sort of improvement. And third, the coming together of these amounts to the belief that commodities brought about by hard work will help in the betterment of our lives, and that this never ending accumulation of wealth will generate a truly happy life. From the beginning it is made clear that Willy lives in anything but the present. He is either flashing back to the past and how good things once were, or he is looking towards the future and deluding himself in how good things will someday be. This is an example of how Willy embodies the first part of the American myth, being the belief that things will always continue to get better. Linda says repeatedly of Willy â€Å"how sweet he was as soon as you talked hopefully,† to Biff (48). Her noticing of how hope is a recurring theme, like a narcotic for Willy, which always raises his spirits, is demonstrative of how Willy fits into the American myth. When Biff and Happy proclaim that they wil... ...the increasing improvement of technologies and our continuing efforts to work towards accumulating those commodities will be rewarded in a completely affluent, and therefore happy, state of being. The misunderstanding of our situation as being always increasingly good on account of making our material lives bigger, better, and in greater availability is the very undoing of the fabric of our lives. Arthur Miller is effectively able to illustrate how this American myth is a depraving force in the lives of Americans in his drama Death of a Salesman. His illustration of these destructive beliefs is made real in the actions and thoughts of Willy Loman and his family, and it is a message which should make us question our own existence in that it is not so far removed from this portrayal. Works Cited Miller, Arthur. Death of a Salesman. New York: Penguin, 1998.

The Use of Song to Improve Students Pronunciation at the Seventh Grade.

A. Background : There are many factors that cause unsatisfied result of learning English, but there are also many things to overcome the problem. As result students are able to developed communication skill and make them a costumed to interpreting as well as expressing. To learn English means to learn about the language it self and to learn how to use it in oral communication spoken language begin with sounds. The most important in learning process, the teacher has been called the facilitator or mediator should has some certain skills in teaching learning English. To express the language, it should has stimulus which was given.For giving the interesting learning process, the teacher can use media or method which is suitable, for example film, movie, picture, or music. In English language teaching attention should be paid to the teaching pronunciation, its’ seems to have an important of language teaching because we will know the quality of the speaking using pronunciation skill . We can teach pronunciation by song. Its’ give the students entertain to interest the teaching learning process. Many students have also proven that song are very helpful for learners in learning a new language. B. Research Question : 1.What extent are the songs able to improve the students pronunciation? 2. What are the problems faced by students? C. The purpose of the research 1. To find out what extent the song to able to improve the students pronunciation ? 2. To find out what the problems faced by the students. D. Underlying The Theories Kelly Affir in that â€Å"misic contains large section pronunciation and it has detail matter like vowel quality, syllabic length, and intonation pattern† (1996:99) One the study entitled â€Å" the use of children songs to improve students pronunciation a case of the fourth grade kabupaten pemalang† by febri Wira atmojo ( 2010:39) E.Research method The method of this research will use experimental quantitative research th ere are two activities they are pre test and post test. The techniques the researcher used to collect the data before and after test. The observation was used to gather information dealing with the students’ progress during the teaching and learning process. Besides, the oral test was done to know the students’ improvement in pronunciation before and after the technique was implemented.F. Reference †¢Harmer, Jeremy. 1991. The Practice of English Language Teaching. London: Longman. †¢Bums, Anne. 1999. Collaborative Action Research for English Language Teachers. Cambridge: Cambridge University Press. †¢Halliwell, Susan. 1992. Teaching English in the Primary Classroom. London: Longman. †¢Wira, febri . 2010 . the use of children song to improve students pronunciation. †¢http// linguistic. byu. edu/faculty herrichsen / research method / RM 2. 06 htm.

The Scarlet Letter, By Nathaniel Hawthorne - 1123 Words

The Novel, The Scarlet Letter, by Nathaniel Hawthorne is about a woman named Hester Prynne who is married to an older man, but not for love. Mrs. Pryne has an affair with another man named Arthur Dimmsdale and is completely ostracized by the community. It is revealed that because of this affair she gave birth to a daughter, Pearl. The main conflict Is external with Hester, but internal with her lover, Arthur. It is later revealed, Hester had taken full blame for the affair, but that is eating away at Dimmsdale’s conscience. Arthur’s health is slowly deteriorating. The climax is when Dimmsdale becomes an idol in the town after preaching powerful and influential sermons. Arthur would love nothing more than to confess, but such†¦show more content†¦(250 Words) Hester Prynne In the novel, The Scarlet Letter, by Nathaniel Hawthorne, Hester Prynne is a young, strong, carefree woman who is married to an older man by the name of Roger Chillingworth. She married Roger although she did not love him. This led to her having an affair with Arthur Dimmsdale, which causes her to be publically shamed and humiliated in front of the whole community. Prynne is a major protagonist in the novel, because she is the target of all the alienation and estrangement from her locality. During this time, Hester becomes lost in thought and speculation on human nature and which leads her to become agnostic and wise. The narrator claims to denounce her new freethinking spirit, but covertly commends her confidence and ideas. Hester is also has a maternal nature about her, not only because she has a daughter, but she cares for the poor by bringing them supplies such as food and clothing. By the end of the novel, Hester Prynne becomes a well-respected, feminist, ma ternal figure in her community. After all the uproar about her affair blows over, she shows the people of the community the only reason she was so badly alienated was because of the old-fashioned sexist beliefs about women. For example in this quote, she is addressing the public regarding its radical, old-fashioned rules. â€Å"Doth the universe lie within the compass of yonder town, which only a little time ago was but a leaf-strewn

Equitable rights to a property - Free Essay Example

Sample details Pages: 9 Words: 2675 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Analytical essay Did you like this example? A) After considering the concern you have raised during our meeting I have prepared a summary of the law and advice. Although there is not any reference to notice or restriction on the property there are equitable rights which can bind the purchaser of a property even if there is not any reference to them on the register. Martin has stated that he has paid half the purchase price of the property when he and Penelope purchased the property. Don’t waste time! Our writers will create an original "Equitable rights to a property" essay for you Create order When an individual has paid towards the acquisition of the property they will acquire a resulting trust in the property. A beneficial interest awarded via a resulting is normally restricted to the actual amount invested by the individual. If Martin can prove that he did indeed pay more than half of the purchase price at the initial acquisition of Bylands It is likely that he has acquired a beneficial interest in the property by way of a resulting trust. As it is possible that Martin owns an equitable interest in the property he could therefore claim that his interest will bind the purchaser of the property. This will depend if Martin is deemed in actual occupation of Bylands under schedule 3 Paragraph 2 of the Land Registration Act 2002. A wife and husband occupation will be viewed as separate as expressed in William Glynà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bank Ltd v Boland. The wife has acquired a beneficial interest by way of a resulting trust her husband had remortgaged the property which was in his sole name. He fell behind on the payment and the bank sought to repossess. The wife claimed that her occupation an interest was seperate and would override the bank interest, the House of Lords held that her occupation could be distinguished from her husbands and her interest did in fact override that of the bank. At the time that the property was viewed Martin was on a two month tour with his modern jazz band. In the case Chhokar v Chhokar[1] a husband tried to deprive his wife of her equitable interest buy selling the property which was in his sole name while she was in hospital. On her return from hospital she was excluded from the property buy the purchaser the court of appeal held that she had an overriding interest. A persons belongings on their own will not suffice as occupation on their own Strand Securities v Caswell [2]. The case law therefore dose not exclude person who are on a temporary break if there has been belonging in are still in the and there has been p revious occupation with the intention to return after the break. The court will consider if the occupation would be obvious after a reasonably careful inspection. The opening of drawers and cupboard would beyond reasonable inspection but making further inquires would not be as illustrated by Kingsnorth Finance Co Ltd v Tizard[3]. However, the occupation is required to be discoverable. It would depend on how obvious it would on a reasonable careful inspection and the availability of making additional inquires. For example if the presence of Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s belongings were obvious or his occupation would have been obvious by speaking g to the neighbours or estate agent. It is normal practice for the mortgage company to secure waver of all people living in the property, it is therefore worth checking with the mortgage company if you have a mortgage on the property. It is possible for Martin share to be overridden but the purchaser if there are two trustee but as is appears that the property was only in Penelopeà ¢Ã¢â€š ¬Ã¢â€ž ¢s name it is apparent that there was only one trustee in this case and therefore it would not be possible. It is imperative that Penelopeà ¢Ã¢â€š ¬Ã¢â€ž ¢s details are forward for communication to be established in order to recover the purchase price or for the correct proportion of the price paid is given to Martin depending on the establishing on further facts relating to Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s occupation. Declan states that he has a three year lease for the studio flat at the top of Bylands but he does not have any written evidence of the lease. A legal lease which is over three years must be made by deed section 52(1) of the Law of Property Act 1925 but a legal lease for term of three years or less there is no requirements of a deed. As Martin lease is for a term of three years or less there is no requirement for a deed and can validly be made orally. Lease are known as the second legal estate under section 1(1) of the Law of Property Act 1925 and are further defined in section 205 (1) of the Law of Property Act 1925 as an estate in land for a fixed maximum period. In addition there are certain requirements for a lease to arise these are defined by Lord Templeman in the Case Street v Mountford[4] as exclusive possession for a fixed period or periodic term certain in consideration of a premium or periodic payments. Rent or premium must be fixed amount that does not fluctuate from month to month .In addition the lease must be have a fix maximum term. In order for there to be exclusive possession the tenant must have control over the premises occupied and the area must be the exclusion of the landlord from the area lived by the tenant of the. The flat is self contained and People and Martin were excluded from the are further enquires to ascertain Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease is also for a fixed term of three years. Further details is relation to the amount and regularity of rent paid wou ld need to be clarified. Based on the facts before me it would appear that the requirement of a lease has been fulfilled. As Declan lease is for three years it is not necessary for any registration or to be evidenced by a formal written document. In the event of Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease was over three years it would be required to be in writing. If Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease was an equitable lease it should be entered as a notice on the lessorà ¢Ã¢â€š ¬Ã¢â€ž ¢s title to be binding, however , if the tenant is in actual occupation the lease will bind the purchaser of the property under paragraph 2 of schedules 1 and 3 of the Land Registration Act 2002. In addition Leases of less than seven years are also binding on the purchaser of the legal estate under schedules 1 and 3 of the Land Registration Act 2002. Therefore the purchaser of Bylands will be subject to Declanà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease for the self contained studio flat on the top floor of the house. Declan has al so asserted that he has paid  £15,0000 for the option to buy Bylands within the next three years for  £700,000. He has a written contract signed by Penelope and Martin. It appears that the document is a valid option to buy, but in order for the option to be bind the purchaser it must be registered. An option to buy is classed as an estate contract class C iv land charge which must be registered on the title before the purchase takes place as expressed in Philips v Mobil Oil Co Ltd[5]. If the charge is not registered it will be void against the purchaser for money or money worth under section 4(6) of the Land Charges Act 1972. The option will be void if unregistered even if the purchaser had actual knowledge of the option existing as illustrated in the case Midland Bank Trust Co v Green[6] Lord Wilberforce stated it is not fraud to rely on legal rights conferred by statutenotice and good faith are irrelevant. As there is not any sign of registration of the option to buy in favour of Declan therefore the purchaser of Bylands will not be bound by the option. It is likely that Martins has an equitable interest in Bylands by way of a resulting trust which may be binding on the purchaser of Bylands. In additional the purchaser will be subject to Declanà ¢Ã¢â€š ¬Ã¢â€ž ¢s lease. In order to terminate the lease the landlord will need to pursue the provision under the Protection from Eviction Act 1977. As the option to purchase in Declanà ¢Ã¢â€š ¬Ã¢â€ž ¢s favour is not registered the purchaser of Bylands will not be subject to the option. B) When a lease is created there are covenants contained in the lease. These are promises by which one party undertakes to do or not to do something these can be implied or express covenants. The tenants implied obligation are keeping property in a tenant-like manner Warren v Keen[7], allowing the landlord to enter the property to inspect Mint v Good[8] and to pay rent and taxes. The landlords implied obligations are to permit the tenant quiet enjoyment of the premises and keep the property fit for human habitation under section 8 of the Landlord Tenant Act 1985. There are many types of express covenants which will be written in to the contract the most common is not to sub-let the property. The enforcement of covenants were dramatically different before the Landlords and Tenants (Covenants) Act 1995. The contractual relationship arising from the covenant will continue even after the tenant has assigned the lease or the reversion of the freehold has been sold by the landlord. Therefore the original tenant would have only covenanted for there own conduct but that of those who are assigned the lease. The previous landlord will also be liable for a breach of a covenant when they are no longer the owner of the freehold. Even if it is not expressed that the covenant related not only to themselves but there successor of the title it will be implied through virtue of section 79 of the Law of Pro perty Act 1925. Therefore if the assigned tenant breaches a covenant the original tenant will still be liable to be sued by the landlord for their successor breach Thursby v Plant[9]. Likewise the landlord who has sold the freehold will be liable to be sued by the tenant for a breach of a covenant by the new landlord. The tenant would be liable for the term of the lease for any breach of covenants by their successor. The burden of most covenants will also pass to the new tenant under the assignment of the lease and they will be personally liable for the breach. This means a choice of who to sue was provided the original tenant under privity of contract or the new tenant under the assignment of the lease. It is usually more convenient to sue the new tenant who has caused the breach, but if the new tenant disappears or not worth suing the landlord can recover his loss from the original tenant. As mentioned previous the same rules apply to the liability of a landlord who has sold th e property. If the original tenant or landlord had been sued it is possible they could recover their losses. The original tenant or landlord can directly sue the person who committed the regardless of the number of times it has been assigned through the rule in Moule v Garret[10]. This is that where one person is compelled to pay damages by the legal default of another, he is entitled to recover from that person the sum paid. He may also who will then recover their loss from their assignee as so on until the loss is recovered from the person who has committed the breach. The fact that the original tenant or landlord remained liable for any breach of covenant by their successors throughout the whole term of the lease had produced unfair results main due to the fact tenant and landlords were not always a ware of the true nature of the provisions. During economic difficulties in the 80à ¢Ã¢â€š ¬Ã¢â€ž ¢s the hardship was intensified for original landlords and tenants which led to pressure for a change in the legislation. Many found themselves in the position of being sued as the current tenant could not afford to pay in many cases the lease had passed several times and the original tenant knew nothing of the current tenant or landlord. The 1995 Landlord and Tenant Act provides for the release from covenant except personal ones for the original landlord and tenant. For the tenant the release is automatic section 5 of the 1995 Act provides that from the assignment of the lease the tenant is released from the burden of the covenants. The section relates to any assignment of the lease and will cover all assignment not just the one from the original tenant. Although the original tenant will be freed automatically from the burden of the covenants the landlord may requires him to entre in to an authorised guarantee agreement by which he guarantee the assigneeà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct. The landlord is permitted to offer such agreement when either it is a condi tion that his permission is required at the assignment of the lease or when it is a condition to consenting to the assignment of the lease. Although the 1995 Act provides that landlords are released from the burden of the covenants the release is not automatic on the reversion of the lease. The Act provides a procedure under section 8 by which the landlord is required to give notice of the intended or actual assignment of the reversion and request release from the covenants. When tenant doses not respond or consent the landlord can apply to the court for an order that it is reasonable that he is released from the covenant. The tenant has the right to oppose the assignment and release from the covenants. Under section 11 of the Act the burden can still continue for the original landlord or tenant when an assignment has taken place contrary to a covenant forbidding the assignment or assignment by law through bankruptcy or death. Only covenants which are not truly personal will p ass. An example of a personal covenant is in BHP Petroleum Ltd v Chesterfield Ltd[11], in this case the original landlord had promised to undertake certain remedial work to the property and it was clear that this was to be a personal obligation that could not be enforced against the landlordà ¢Ã¢â€š ¬Ã¢â€ž ¢s successors. The court held the nature of the covenant was did not fall under the scope of landlordà ¢Ã¢â€š ¬Ã¢â€ž ¢s covenants and therefore was not subject to the Act. The benefits of the Act for original tenant is that section 17 provides that the landlord cannot recover arrears of rent or other fixed sum from a former tenant unless within six months of the money falling duje the landlord has served a notice of the intention to recover. This prevent landlords from allowing rent arrears accumulating and then pursuing the original tenant where they have not been released from their obligation .Section 18 negates the rule in Centrovincial Estates Plc v Bulk Storage Ltd[12] that the original tenant will be liability can increase with variation of the lease after the assignment. An original tenant also has the right under section 19 to grant an overriding lease in which will take effect as a concurrent lease or a lease of the reversion. This will have the effect of investing the landlordà ¢Ã¢â€š ¬Ã¢â€ž ¢s powers of enforcement in the original tenant allowing him to limit his liability. The limitation of the landlords and tenants id not yet absolutely resolved but the Act has made huge improvement. Despite the fact it can be undoubtedly unjust that the original tenant or landlord can be liable In some cases it may be unjust that there no other recourse when the original landlord or tenant has knowingly re-assigned the reversion or the lease knowingly to an unscrupulous tenant or landlord. Bibliography Burn, EH Cartwright J Cheshire and Burnà ¢Ã¢â€š ¬Ã¢â€ž ¢s Modern Law of Real Property (17th edition, 2006) Oxford: OUP BLACKSTONEà ¢Ã¢â€š ¬Ã¢â €ž ¢S STATUTES ON PROPERTY LAW 2007-2008 OXFORD 14TH Edition April Stroud, Making Sense of Land Law (2nd edition, 2008) Palgrave Macmillan Judith-Anne Mackenzie Mary Philips Textbook on Land Law 12TH Edition OXFORD 1 Footnotes [1] 1984 FLR 313 [2] 1965 Ch 958 [3] 1986 1 WLR 783 [4] 1985 AC 809 [5] 1989 1 WLR 888 [6] 1981 AC 513 [7] 1954 1 QB 15 [8] 1951 1 KB 517 [9] 1 Saund 230 [10] 1872 LR 7 Ex 101 [11] 2002 Ch 194 [12] 1983 46 P R 393

Criminal Justice System A System Of Law Enforcement

Abstract The criminal justice system is a system of law enforcement that is directly involved in prosecuting, defending, sentencing, and punishing people suspected of crime or convicted of felony offenses. The criminal justice system is made of three major components; law enforcement, courts, and corrections. All have subcomponents that work together in order for the system to function properly and maintain order. The three major components have big backgrounds that lead up to the way they function now. The History of the Criminal Justice System The criminal justice system began simple and not as complex as it is now. This system is a law enforcement system that practices directed to upholding social control, decreasing crime, punishing those who violate laws with criminal penalties and use of rehabilitation. There are three major components that work together in order for the criminal justice to work. Law enforcement, which includes polices officers that ensure security, prevent and investig ate crimes, and arrest individuals arrested of. Courts are another component that make up the system and is responsible for settling disputes and settle justice. Critical people and events consist in a court setting. Corrections are where offenders are turned over to. This is where the punishment of the offender is served. It also serves as protection for society to keep offenders out of public. Law Enforcement Law enforcement is mainly consisted of policing. The development ofShow MoreRelatedThe Law Enforcement System And The Criminal Justice System Essay1657 Words   |  7 PagesThe Law enforcement system is one of the major components within the Criminal Justice System. 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