Judges and the Fugitive Slave Act essays

Judges and the Fugitive Slave Act essays Judges in the 18th and 19th century were often faced with a conflict regarding laws on fugitive slaves. Many held the opinion that slavery was wrong, but at the time the constitution did not prohibit slavery. In this essay I will first show the positivist argument, that law and morality are separate and their view of the Clause and the Fugitive Slave Act of 1850. Next, I will explain Anthony Seboks side, which uses Dworkins interpretation model of adjudication for a different reading of the laws. The debate I will analyze is between Robert Cover and Anthony Sebok. They argue different ways to read the Fugitive Slave Clause in the Constitution and the Fugitive Slave Act of 1850 I will then argue in favor of Sebok and show why I agree that the 1850 Fugitive Slave Act was unconstitutional. A positivist would say that law and morality are separate, and this must be reflected in judges decisions. Robert Cover supports this view. Cover analyzes Judges in the 18th and 19th centuries covering Fugitive Slave cases and in particular Judge Shaw. Cover says Judge Shaw was faced with a moral-formal dilemma. He says, referring to Shaw, he sees himself as torn between moral and legal duties. On the one hand, he believes slavery is immoral. On the other, he believes he is bound to uphold the rule of law (Cover, 148). Since each state was allowed to make their own laws on slavery, the moral-formal dilemma and the choice between the demands of the role and the voice of conscience (Cover, 153) is created. A positivist argues that judges must uphold the Constitution and the Fugitive Slave Acts in these cases. The Fugitive Slave Clause in the United States can be interpreted in different ways depending on political morality or personal beliefs. The Clause in the constitution rea ds: No person held to Service or Labor in one State, under the Laws thereof, escaping into another, shall, in consequenc...

Biography of Nathaniel Hawthorne

Biography of Nathaniel Hawthorne Nathaniel Hawthorne was one of the most admired American authors of the 19th century, and his reputation has endured to the present day. His novels, including The Scarlet Letter and The House of the Seven Gables, are widely read in schools. A native of Salem, Massachusetts, Hawthorne often incorporated the history of New England, and some lore related to his own ancestors, into his writings. And by focusing on themes such as corruption and hypocrisy he dealt with serious issues in his fiction. Often struggling to survive financially, Hawthorne worked at various times as a government clerk, and during the election of 1852 he wrote a campaign biography for a college friend, Franklin Pierce. During Pierces presidency Hawthorne secured a posting in Europe, working for the State Department. Another college friend was Henry Wadsworth Longfellow. And Hawthorne was also friendly with other  prominent writers, including Ralph Waldo Emerson and Herman Melville. While writing Moby Dick, Melville felt the influence of Hawthorne so profoundly that he changed his approach and eventually dedicated the novel to him. When he died in 1864, the New York Times described him as the most charming of American novelists, and one of the foremost descriptive writers in the language. Early Life Nathaniel Hawthorne was born July 4, 1804, in Salem, Massachusetts. His father was a sea captain who died while on a voyage to the Pacific in 1808, and Nathaniel was raised by his mother, with the help of relatives. A leg injury sustained during a game of ball caused young Hawthorne to restrict his activities, and he became an avid reader as a child. In his teens he worked in the office of his uncle, who ran a stagecoach, and in his spare time he dabbled with trying to publish his own small newspaper. Hawthorne entered Bowdoin College in Maine in 1821 and began writing short stories and a novel. Returning to Salem, Massachusetts, and his family, in 1825, he finished a novel he had started in college, Fanshawe. Unable to get a publisher for the book, he published it himself. He later disavowed the novel and tried to stop it from circulating, but some copies did survive. Literary Career During the decade after college Hawthorne submitted stories such as Young Goodman Brown to magazines and journals. He was often frustrated in his attempts to get published, but eventually a local publisher and bookseller, Elizabeth Palmer Peabody began to promote him. Peabodys patronage introduced Hawthorne to prominent figures such as Ralph Waldo Emerson. And Hawthorne would eventually marry Peabodys sister. As his literary career began to show promise, he secured, through political friends, an appointment to a patronage job in the Boston custom house. The job provided an income, but was fairly boring work. After a change in political administrations cost him the job, he spent about six months at Brook Farm, a Utopian community near West Roxbury, Massachusetts.   Hawthorne married his wife, Sophia, in 1842, and moved to Concord, Massachusetts, a hotbed of literary activity and home to Emerson, Margaret Fuller, and Henry David Thoreau. Living in the Old Manse, the house of Emersons grandfather, Hawthorne entered a very productive phase and he wrote sketches and tales. With a son and a daughter, Hawthorne moved back to Salem and took another government post, this time at the Salem custom house. The job mostly required his time in the mornings and he was able to write in the afternoons. After the Whig candidate Zachary Taylor was elected president in 1848, Democrats like Hawthorne could be dismissed, and in 1848 he lost his posting at the custom house. He threw himself into the writing of what would be considered his masterpiece, The Scarlet Letter. Fame and Influence Seeking an economical place to live, Hawthorne moved his family to Stockbridge, in the Berkshires. He then entered the most productive phase of his career. He finished The Scarlet Letter, and also wrote The House of the Seven Gables. While living in Stockbridge, Hawthorne befriended Herman Melville, who was struggling with the book that became Moby Dick. Hawthornes encouragement and influence was very important to Melville, who openly acknowledged his debt by dedicating the novel to his friend and neighbor. The Hawthorne family was happy in Stockbridge, and Hawthorne began to be acknowledged as one of Americas greatest authors. Campaign Biographer In 1852 Hawthornes college friend, Franklin Pierce, received the Democratic Partys nomination for president as a dark horse candidate. In an era when Americans often did not know much about the presidential candidates, campaign biographies were a potent political tool. And Hawthorne offered to help his old friend by quickly writing a campaign biography. Hawthornes book on Pierce was published a few months before the November 1852 election, and it was considered very helpful in getting Pierce elected. After he became president, Pierce paid back the favor by offering Hawthorne as diplomatic post as the American consul in Liverpool, England, a thriving port city. In the summer of 1853 Hawthorne sailed for England. He worked for the U.S. government until 1858, and while he kept a journal he didnt focus on writing. Following his diplomatic work he and his family toured Italy and returned to Concord in 1860. Back in America, Hawthorne wrote articles but did not publish another novel. He began to suffer ill health, and on May 19, 1864, while on a trip with Franklin Pierce in New Hampshire, he died in his sleep.

History of Community Junior College Movement in American Education Essay

History of Community Junior College Movement in American Education - Essay Example ; the lengthened period of adolescence, which mandated custodial care of the young for a longer time; and the drive for social equality, which supposedly would be enhanced if more people had access to higher education.†(Cohen, 2008, p.1)Since their inception, community colleges have fit in to the American educational system well, and they have perceptible effects on the community with the services they provide. Cohen writes, â€Å"New technologies demanded skilled operators, and training them could be done by schools.†(Cohen, 2008, p.1)One change led to the other setting forth a chain reaction for the better. New areas of service are added. The authors further states people with different goals demand varied programs; the additional programs demand the attention of different categories of then populace (Cohen,2008,p.2) Change in the pattern of student demography is seen; with the rapid expansion, funding is a major issue. The technological advancement affects the instructional technology. Relationship with the community attains new dimensions. The occupational education scores precedence as it is more favorably disposed to employment opportunities. The need for constant evaluation of the future perspective becomes part of the college administration and the management as they have to move with the demand of the times. Historically speaking, the authors write, â€Å"Public supported universities, given impetus by the Morrill Acts of 1862 and 1890, had been established at every state.†(Cohen, 2008, p.2)Since education is closely linked to economic, social and cultural life of the community, changes in one or more areas affects the system of education in the community colleges. Students spend formative years of their life in the Community Colleges and their association here, what they learn here, has profound impact on their future life. â€Å"At the second annual meeting of the American Association of Junior Colleges, in 1922, a junior college was defined as â€Å"an

How the family income affects the family in life Assignment - 2

How the family income affects the family in life - Assignment Example These issues come as a challenge for the State and various systems need to be initiated in order to reduce the affects of low income on family lives. In this regard, Temporary Assistance for Needy Families (TANF) was created in 1996, which had the basic aim to provide cash assistance to American families. This organization was established under the â€Å"The Personal Responsibility and Work Opportunity Act† and has provided opportunity for employment to families with benefits, to utilize the aid within a period of 2 years. This program TANF was created during Clinton’s period in 1996. The State determined which families needed the assistance in order to help poverty stricken families. Individuals who received the aid were required to work and monitoring was carried out. In cases, when these individuals failed to carry out their practices, the benefits and the assistance were subject to reduction or termination. TANF program was a successful as it provided a welfare reform and there was reduction of poverty and increase in economic growth (US Department Of Health & Human

Personal Life of Babe Ruth :: essays research papers

Not all American legends live a wonderful life. For example, there was Babe Ruth. In the early years of the 1900's, the baseball life of 'The Great Bambino' had begun. The legend of Babe Ruth, born George Ruth, Jr., is considered by many to be the greatest baseball player. For instance, everybody knows how great a hitter Babe was, and virtually invented the homerun. But, not everybody knows what a great person he was when it came to children. Babe Ruth possessed the attribute of being brutal and incorrigible. He had many distinct characteristics. He is known primarily for his great baseball exploits and secondary as a man who stayed out late before every game and partied until there was no one left to party with. There is more behind the story of Babe Ruth than just baseball and parties. For instance, as a boy, Ruth was your average youth who got himself into a little too much trouble and really paid the price for it. He stole from stores, he skipped school, and chewed tobacco at the age of seven. His father often beat him because he thought young George was incorrigible. So his father took him to an orphanage. Not only did his father sent him to an orphanage, but signed over custody of his son to the Xaverian Brothers, whom were missionaries that ran St. Mary?s. St. Mary?s was the orphanage that Babe Ruth grew up at. Even though Babe did not realize it at the time, he came into a good thing. That?s where he met Brother Matthias, his mentor. Brother Matthias took young Ruth under his wing and taught him to read, write, do needle work, play baseball, and right from wrong. Ruth showed startling natural talent with a bat, so Brother Matthias tried to round young George into a complete baseball player by teaching him to pitch and outfield. Ruth said, ?Brother Matthi as was the greatest man I ever knew?. Soon after, Babe changed the game of baseball. Ruth is perhaps the most recognized player in Major league Baseball history. Where he was, the fans followed, the attendance was always the greatest in his presence. He is by far America?s greatest sports hero. Aside from being a great ball player, he was also a husband and a father. He cared more for his family than he liked to show. Personal Life of Babe Ruth :: essays research papers Not all American legends live a wonderful life. For example, there was Babe Ruth. In the early years of the 1900's, the baseball life of 'The Great Bambino' had begun. The legend of Babe Ruth, born George Ruth, Jr., is considered by many to be the greatest baseball player. For instance, everybody knows how great a hitter Babe was, and virtually invented the homerun. But, not everybody knows what a great person he was when it came to children. Babe Ruth possessed the attribute of being brutal and incorrigible. He had many distinct characteristics. He is known primarily for his great baseball exploits and secondary as a man who stayed out late before every game and partied until there was no one left to party with. There is more behind the story of Babe Ruth than just baseball and parties. For instance, as a boy, Ruth was your average youth who got himself into a little too much trouble and really paid the price for it. He stole from stores, he skipped school, and chewed tobacco at the age of seven. His father often beat him because he thought young George was incorrigible. So his father took him to an orphanage. Not only did his father sent him to an orphanage, but signed over custody of his son to the Xaverian Brothers, whom were missionaries that ran St. Mary?s. St. Mary?s was the orphanage that Babe Ruth grew up at. Even though Babe did not realize it at the time, he came into a good thing. That?s where he met Brother Matthias, his mentor. Brother Matthias took young Ruth under his wing and taught him to read, write, do needle work, play baseball, and right from wrong. Ruth showed startling natural talent with a bat, so Brother Matthias tried to round young George into a complete baseball player by teaching him to pitch and outfield. Ruth said, ?Brother Matthi as was the greatest man I ever knew?. Soon after, Babe changed the game of baseball. Ruth is perhaps the most recognized player in Major league Baseball history. Where he was, the fans followed, the attendance was always the greatest in his presence. He is by far America?s greatest sports hero. Aside from being a great ball player, he was also a husband and a father. He cared more for his family than he liked to show.

Bleak House Commentary Essay

The following is an analysis of a passage from Charles Dickens’ novel, Bleak House, in which a bleak and dreary atmosphere is conveyed. The first thing that is mentioned by the narrator in the first paragraph of the passage is mud, and this plays a significant part in the depiction of a filthy, dirty environment. The beginning line, ‘As much mud in the streets†¦and it would not be wonderful to meet a Megalosaurus, forty feet long or so, waddling like an elephantine lizard up Holborn Hill’ uses hyperbole to suggest that the streets are so muddy that it’s almost like the beginning of the world, and it wouldn’t be strange to see a dinosaur roaming around because of that. Also, the line ‘Dogs, undistinguishable in mire. Horses, scarcely better; splashed to their very blinkers’ is an exaggeration of how the streets are so dirty that one cannot tell the different between the mud and the dogs, and even horses are up to their eyes in it. This shows us just how much mud and grime there is, and how dirty everything is. Another aspect in this passage is the dreariness and the bleak environment. This is expressed in the line ‘Foot-passengers, jostling one another’s umbrellas, in a general infection of ill temper, and losing their foot-hold at street-corners, where tens of thousands of other foot passengers have been slipping and sliding since the day broke (if this day ever broke), adding new deposits to the crust upon crust of mud†¦Ã¢â‚¬â„¢ Firstly, the line ‘jostling one another’s umbrellas’ suggests that the place is so overcrowded and uncomfortable that people are all bumping into each other, and that their ‘ill temper’ is spread like a disease every time they come into contact, and it stirs in us a sense of claustrophobia because the people are all packed together. This adds to the implication that it’s a miserable and unpleasant place to be. Also, the fact that the foot-passengers are using umbrellas suggests that it is or has been raining, strengthening the general feeling of gloominess. Furthermore, the fact that the part of the line ‘†¦slipping and sliding since the day broke (if this day ever broke)’ is written in parenthesis suggests the sarcastic voice of the narrator, that he is mocking the foot-passenger’s ill temper and derisively commenting on the cold and depressing atmosphere, and this in turn reinforces that very fact. The use of sibilance in ‘slipping and sliding’ further increases the effect of the dismal environment. The following line, ‘Smoke lowering down from chimney-pots, making a soft black drizzle with flakes of soot in it as big as full-grown snowflakes – gone into mourning, one might imagine, for the death of the sun’ is very effective in expressing how unpleasant the place is. The fact that the smoke is ‘lowering’ down, instead of drifting upwards as it normally does, implies that the atmosphere is so oppressive that even smoke can’t escape and is being pushed down. In addition, there is a personification of the soot and snow, as they have ‘gone into mourning’ for the ‘death of the sun’. This could be an implication that the place is so gloomy and polluted that you can no longer see the sun, and that is why it has ‘died’, and is also why everything is black. This effectively intensifies the feeling of despair and dreariness that is hanging over the city, and the bleakness of the environment. The second paragraph of this passage concentrates mainly on fog and how it has been personified into a shadowy demon from which there is no escape. The first line of the second paragraph begins with ‘Fog everywhere’, and this alone is a very abrupt, aggressive statement that makes us feel, once again, slightly claustrophobic, as though there is fog pressing in all around us and that there is no escape from it. Subsequently, the lines ‘Fog in the eyes and throats of ancient Greenwich pensioners, wheezing by the firesides,’ and ‘Fog cruelly pinching the toes and fingers of his shivering little ‘prentice boy on deck’ are examples of how the fog is personified, and made to seem sinister, omnipresent, like an oppressor that takes pleasure in attacking weak, vulnerable people like ‘ancient Greenwich pensioners’ and the ‘shivering little ‘prentice boy’. Another very effectual line is ‘Chance people on the bridges peeping over the parapets into a nether sky of fog, with fog all round them, as if they were up in a balloon, and hanging in the misty clouds’. The use of the verb ‘peeping’ is very interesting because it means the people are looking quickly or secretly over the bridges, and it creates a sense of nervousness and apprehension, as though the people are frightened of the fog, thus making the fog seem all the more threatening. In addition to this, the use of ‘parapets’ may not be just a reference to the sides of the bridge, as it also makes us think of castles, and so people peeping over parapets makes it seem as though they are under siege or under attack from an army of fog, which goes back to the allusion that the fog attacks weak or vulnerable people. Furthermore, the last part of the line, ‘as if they were up in a balloon, and hanging in the misty clouds’ conveys a sense of helplessness, because when you’re in a balloon you have very limited control, and this has been used as a metaphor to suggest how the people have no control over the fog and that they are trapped by it. Once again, this creates the feeling of claustrophobia and makes it seem overwhelming as there is so much fog and there’s no way out. The structure of these this passage is very interesting to note. The first paragraph is almost conversational, as though the narrator is describing to us the many events of the day, while the second paragraph suddenly switches to more somber, grave narrative of the fog, and this affects us and makes us feel uneasy of the fog. This is also partly because the passage is written in the present, and so it involves us, makes us feel as if we are there in the dreary environment. Additionally, the elongated syntax of the sentences mirrors the long, miserable day and the never-ending fog, and this intensifies the gloomy feeling we get from it. In conclusion, this passage from Bleak House uses many different techniques such as personification, hyperbole and tone of voice to effectively express the dirty and gloomy environment and the general feeling of misery and despair.

Improvement of Communication Between the Doctors and Patients Critical Thinking Examples

INTRODUCTION The concept of critical appraisal has made it possible for the realization of the improvement of quality and cost of healthcare. This is made possible through getting the best evidence (research evidence) on the results of health care intercessions by identifying the strengths and weaknesses of research, assessing the usefulness, and validating the findings. In a critical appraisal, assessment of the suitability and the methodological features of the study design are of utmost importance. This work was aimed at evaluating the Randomized Controlled Trial by Lesley Fallowfield, Valerie Jenkins, Vern Farewell, Jacky Saul, Anthony Duffy, and Rebecca Eves on communication skills and training; by considering its validity, results, and implications for practice. The findings of this trial which states that â€Å"training courses significantly improve key communication skills†, has been critically analyzed. VALIDITY OF THE TRIAL This trial authenticates the effectiveness of training courses in the improvement of communication between the doctors and patients. It explains that effective communication is a core clinical skill that needs thorough training, just as other medical sciences. To validate this finding, let us consider and evaluate the effectiveness of the methods used in the collection of the information. This controlled trial randomized 160 clinicians from 34 cancer centres in UK. Four groups, A, B, C and D were formed with group A containing 39 clinicians for written feedback and course, group B containing 41 clinicians for course only, group C containing 41 clinicians for written feedback only, and group D containing 39 clinicians for the control. The number of patient participants was 2407 and in each of the two assessments, consultation done with six to ten patients per doctor videotaped. The aim of this was to compare the clinicians who attended training course with their counterparts who did not. The random selection of the 160 doctors out of the 200 who applied, and the replacement of those who withdrew and those who violated the rules, was not hit by any bias. Also, the reasons for non-completion were not dependent on the researchers; it was fully dependent on the respondents and they included pregnancy, illness, emigration, unexpected absence and impedance by senior colleagu es. There was no bias whatsoever. Validity of this research vests on the modes of the analysis of the data. The quantities measured were not normally distributed and this called for a statistical method of analysis which performs best with such data. The choice of Spearman’s correlation method was the best. The examination of the reliability of the inter-rater by the ANOVA interclass correlation method which is best for mixed models further proves that adequate precautionary measures were put in place to ensure that the final finding was valid. This method accounts for variability within and between the raters. The basis of the analysis employed the use of Poisson regression model which, to a great extent is valid fro Poisson distributions which are characterized by rate functions. However, the estimation equations with exchangeable correlation structure that was used in the correlation between consultations for the same doctor, took a generalized case, not considering the individual factors. This lowered the accuracy of the results. Also, in the analysis of responses to cues, only the consultations which patients offered cues were considered. In this analysis, generalized estimating equations were used. This also lowered the accuracy. RESULTS In the trial, all the clinicians in groups A and B completed the communication skill course. The clinicians in C and D were also allowed to attend the course on their own volition after T2 and only 61 out of the 80 attended. The total number of clinicians who attended training summed up to 141. The clinicians admitted that they had difficulties with communication. This, being a first-hand information from the concerned parties themselves, is true beyond any reasonable doubt. From randomization, there was no clear-cut between answering the questions and having no difficulties in communication. From the results, we are told that only six doctors had either no difficulties in communication or not answered the questions. Of the 141 clinicians, 135 generated 428 different patient’s characteristics found to be most difficult to handle during consultation. Three quarters (76%) of the clinicians (102 out of 141) indicated that dealing with patients with explicitly emotional personalities was the most common problematic characteristic. Communication problems within clinicians themselves were also noted by 136 of the 141 clinicians. Giving complex information and extracting informed sanction from patients was the most common problem indicated by 71 clinicians (52%). During the training, we are told that most doctors found the courses to be informative, interesting, and highly relevant to their own profession. This was another indication that communication skills are very necessary for clinicians. The fact that more than half of the clinicians had interest in further training indicates the importance of the training to doctors. Clinicians who attended the course communicated in a proper way than their counterparts who did not. We are told that groups A and B had greater number of focused questions, expressions and appropriate response to patients’ cues. From the statistical analysis, appropriate response was 1.46 times greater in groups A and B than C and D. For those who attended training, the mean number of focused was 4.85, focused and open was 6.50 and leading questions was 1.22 compared to 3.61, 5.16 and 1.55 respectively on other hand. A great difference was realized for focused questions. DISCUSSION There are several difficulties encountered by clinicians when communicating with their colleagues, cancer patients, and patients’ relatives. The intensive three day draining, which they were subjected to, created a very big difference in their communication skills that time and experience could not. The training featured the integration of various activities aimed at creating simultaneous skills development, knowledge acquisition, and awareness of how they affect both doctors and patients. Even though the clinicians were more competent in their communication skills after the training, various factors affect this. They include the clinical environment, the nature of work, and the type of patient. This study had mainly positive findings, however, certain limitations exist. Some of the important findings could not be quantified due to their rare occurrence. This complicated the analysis to a great deal lowering the accuracy of the study. It was very difficult to demonstrate the changes that occurred to doctors in their communication skills after the training since several factors influence human behavior. The results of this trial are undoubtedly true. Proper communication is one of the vital skills needed by clinicians as everything revolves around it. Proper funding should therefore be allocated to cater for trainings in communication skills.