Provencher Brief Essays - Tort Law, Rest Area, Safety, Travel

Provencher Brief Facts: Motorist located a roadside rest area. The user of the roadside rest area fell on the stairs. The fall caused an injury, which consisted of a fractured right ankle. Judicial History: The user of the roadside rest area filed a complaint of negligence against ODOT. The plaintiff claimed the steps were in need of repair. ODOT argued that the user of the rest area was only a public invitee and was not there for a beneficial reason. The Supreme Court ruled in favor of ODOT. Issues: (1) Does ODOT who was not purposely trying to cause the area user bodily harm owes the user a compensation, for her injuries? (2) If ODOT owes the user of the roadside rest area any type of compensation what should the user receive? Holding: (1) No. (2) There is compensation owed only to injuries caused intentionally and when people are on the property for business purposes. Reasoning: The use of a roadside rest area is an invitation to use ODOT s facilities. The facilities should be safely manageable. The users of the roadside rest areas awareness of unsafe things such as the stairs that may be in bad shape needs to kept in mind. The defendant and the plaintiff owe each other equal amounts of caution and consideration. Legal Issues

History Of Chile essays

History Of Chile essays The native inhabitants of Chile are a people called the Araucanos. When Chile was first discovered in 1520 by Portuguese explorer Magellen most of Chile was dominated by these people. This Native American tribe was known for their remarkable fighting ability's. Chile was discovered Pedro de Valdivia ,Diego de Almargo and Ferdinand Magellen . Magellen landed on the Chilo Island following his voyage in 1520 through a strait which now bears his name . When Chile was discovered by Magellen it was called Tchili meaning "snow" . Pedro de Valdivia led a second expedition into southern Chile in 1540. Valdivia overcame the fierce resistance of the Araucanos and succeeded in establishing several settlements. These settlements included Santiago in 1541,Santiago is now the capital of Chile, Concepcin in 1550, and Valdivia in 1552. However only 3 years after Vabliva set up his first settlement in Chile the Araucanians organized and in a successful uprising killed Valdivia and many of his followers leaving only Concepcin The monetary unit used in Chile is one that is used in so many different Hispanic countries, this monetary unit is called the Peso. The present governmental status of Chile is a Republican one. The executive branch of the Chilean government holds 3 branches which are chief of state, head of government and a cabinet. The chief of state and head of government role is played by the same person which is elected by popular vote for a six year term. The last election was held on December 12,1999 in which presiding president Ricardo Lagos Escobar won by only three percent of the votes against Joaquin Lavin. The cabinet is appointed by the residing president for the length of his six year term. The legislative branch is made up of a bicameral Congreso Nacional of Senado. This ...

Customer Focus as a Prescription for Driving Innovatio Essay - 1

Customer Focus as a Prescription for Driving Innovatio - Essay Example This paper illustrates that Fred asserts that innovation is the root that firmly holds and gives strength, growth, and vitality of people, in an organization as well as the society. He illustrates further by outlining that innovation is creativity in action. It encompasses finding brilliant ideas and making them happen. When it is applied, it adds nutrients to life and organization. Apparently, we are in the information age. All the innovative ideas that were illuminated by earlier giants have either been improved or reinvented to greater heights. Innovation in broad perspective is a huge arena but can be described as creativity that consequently results into something new or better and add value to an individual(s) or a society (organization). For an instant, communication has completely been revolutionized. High powered communication devices with better upgrades are launched every day by competing firms with the aim of having a competitive edge over each other. However, there were individuals who provided the basics in earlier years that have been so advanced to the stratosphere. Besides, these innovations in communication ecological niche have contributed significantly to globalization. The use of Facebook, WhatsApp and other advanced sites of communications are as a result of individuals sweat their blood out to impact positively on the society. The roots of these ideas must have been so simple but various persons have advanced them. Fred uses Edison’s analogy of innovation as a way of doing thing better to impact positively on someone. Someone, in this case, refers to the customer(s). The customer can be a person, an organization or society whose needs are fulfilled by the innovation. Besides, the invention of social media responded to the customers’ desire. It is indeed true that some innovation has not only radically changed the world but also revolutionized it. For example, the invention of the wheel has had a tremendous impact on human li fe for centuries. At the initial stages when the wheels were invented, they were not highly appreciated as people were accustomed to they would move around.

Western Culture Essay Example | Topics and Well Written Essays - 1500 words

Western Culture - Essay Example Centuries ago, the culture of a country was modified by wars and invasions. But now cultures are influenced by the corporate scenario in the country. Whenever a corporate giant enters a country’s local markets, it inevitably introduces a few subtle variations in the existing cultural practices. At the same time, the company has to respect local sensibilities and make certain changes in their strategies. A company’s success in the local markets depends immensely on how skillfully they negotiate the culture of that country, and in turn use it to their advantage. Once the company strikes the right balance, there is an intermingling of cultures, which introduces western cultural influences to the already existing local norms. A failure on the part of the company to adapt to local practices can prove to be a business disaster. For instance, the retail giant Wal-Mart was forced to completely shut down its operations in Germany and South Korea, when the local public did not approve of their characteristic working styles. (Schaefer, 2009) It would be beneficial to study an example to facilitate a better understanding of the influences of western culture brought about by corporate giants. McDonald’s, the world’s largest chain of fast food restaurants has more than 30,000 restaurants in nearly a 100 countries and serves approximately 52 million people daily (Bhushan, 2002). McDonald’s was one of the first corporations to pioneer the field of quick service restaurants. It’s franchise in India is owned and managed locally, employing local staff and product suppliers. Hardcastle Restaurants Private Limited owns and manages McDonalds restaurants in the western region of India, while the northern territory restaurants are owned and managed by Vikram Bakshi’s Connaught Plaza Restaurants Private Limited. The first Mc Donald’s outlet was opened in India’s capital, New Delhi in October, 1996 and currently there are a total of 132 restaurants in the whole of

Some Of The Models And Frameworks For Reflection Education Essay

Some Of The Models And Frameworks For Reflection Education Essay Having established the need for experiential knowledge that arises out of reflection, this handout is exploring some of the models structures and frameworks that can facilitate the reflective process. However, before we explore these frameworks some important distinctions are needed to be made about different types of reflection. Edgar Schon, an influential writer on reflection, described reflection in two main ways: reflection in action and reflection on action. Reflection on action is looking back after the event whilst reflection in action is happening during the event. To complicate matters there are different interpretations of reflection on action. Lets now explore these terms. Reflection in action means To think about what one is doing whilst one is doing it; it is typically stimulated by surprise, by something which puzzled the practitioner concerned(Greenwood, 1993). Reflection in action allows the practitioner to redesign what he/ she is doing whilst he/she is doing it. This is commonly associated with experienced practitioners. However, it is much neglected. Reflection on action is defined as: The retrospective contemplation of practice undertaken in order to uncover the knowledge used in practical situations, by analysing and interpreting the information recalled (Fitzgerald, 1994pp67) We can see here that reflection on action involves turning information into knowledge, by conducting a cognitive post mortem. Alternatively Boyd Fales suggest reflection on action is: The process of creating and clarifying the meanings of experiences in terms of self in relation to both self and world. The outcome of this process is changed conceptual perspectives (Boyd Fales, 1983pp101) We see here that Boyd and Fales focus more on self development. Here refection does not only add to our knowledge but challenges the concepts and theories we hold. Furthermore as a result we dont see more, we see differently. Atkins and Murphy (1994) take this idea one step further and suggest that for reflection to make a real difference to practice we follow this with a commitment to action as a result. The problems with these views of reflection on action are that they do not take account of the importance of reflection before action. This is when we plan out before we act what we want to do. So what have we learnt about reflection? It can best be seen as: Reflection before action Reflection in action Reflection after action. Now lets see which frameworks best support these approaches. Gibbs Framework for Reflection (Linked with the core skills of reflection) Stage 1: Description of the event Describe in detail the event you are reflecting on. Include e.g. where were you; who else was there; why were you there; what were you doing; what were other people doing; what was the context of the event; what happened; what was your part in this; what parts did the other people play; what was the result. Stage 2: Feelings and Thoughts (Self awareness) At this stage, try to recall and explore those things that were going on inside your head. Include: How you were feeling when the event started? What you were thinking about at the time? How did it make you feel? How did other people make you feel? How did you feel about the outcome of the event? What do you think about it now? Stage 3: Evaluation Try to evaluate or make a judgement about what has happened. Consider what was good about the experience and what was bad about the experience or what did or didnt go so well Stage 4: Analysis Break the event down into its component parts so they can be explored separately. You may need to ask more detailed questions about the answers to the last stage. Include: What went well? What did you do well? What did others do well? What went wrong or did not turn out how it should have done? In what way did you or others contribute to this? Stage 5: Conclusion (Synthesis) This differs from the evaluation stage in that now you have explored the issue from different angles and have a lot of information to base your judgement. It is here that you are likely to develop insight into you own and other peoples behaviour in terms of how they contributed to the outcome of the event. Remember the purpose of reflection is to learn from an experience. Without detailed analysis and honest exploration that occurs during all the previous stages, it is unlikely that all aspects of the event will be taken into account and therefore valuable opportunities for learning can be missed. During this stage you should ask yourself what you could have done differently. Stage 6: Action Plan During this stage you should think yourself forward into encountering the event again and to plan what you would do would you act differently or would you be likely to do the same? Here the cycle is tentatively completed and suggests that should the event occur again it will be the focus of another reflective cycle Gibbs model incorporates all the core skills of reflection. Arguably it is focused on reflection on action, but with practice it could be used to focus on reflection in and before action. Bortons` (1970) Framework Guiding Reflective Activities What? So What? Now what? This is the descriptionand self awarenesslevel and all questions start with the word what This is the level of analysisand evaluation when we look deeper at what was behind the experience. This is the level of synthesis.Here we build on the previous levels these questions to enable us to consider alternative courses of action and choose what we are going to do next. Examples What happened? What did I do? What did other do? What was I trying to achieve? What was good or bad about the experiences Examples So what is the importance of this? So what more do I need to know about this? So what have I learnt about this Examples Now what could I do? Now what do I need to do? Now what might I do? Now what might be the consequences of this action? Bortons model incorporates all the core skills of reflection. Arguably it is focused on reflection on action, but with practice it could be used to focus on reflection in and before action. Johns Model of Structured Refection Chris Johns (1994; 1995) model arose from his work in the Burford Nursing Development Unit in the early 1990s. He envisaged this model as being used within a process of guided reflection. His focus was about uncovering and making explicit the knowledge that we use in our practice. He adopted some earlier work by Carper (1978) who looked at ways of knowing in nursing. Ways of knowing Cues Aesthetics the art of what we do, our own experiences What was I trying to achieve? Why did I respond as I did? What were the consequences of that for the patient? Others? Myself? How was this person (people) feeling? How did I Know this? Personal self awareness How did I feel in this situation? What internal factors were influencing me? Ethics moral knowledge How did my actions match my beliefs? What factors made me act in an incongruent way? Empirics scientific What knowledge did or should have informed me? The framework uses five cue questions which are then divided into more focuses to promote detailed reflection. Cue Questions 1. Description of the experience Phenomenon describe the here and now experience Casual what essential factors contributed to this experience? Context what are the significant background factors to this experience? Clarifying what are the key processes for reflection in this experience? 2. Reflection What was I trying to achieve? Why did I intervene as I did? What were the consequences of my actions for: Myself? The patient / family? The people I work with? How did I feel about this experience when it was happening? How did the patient feel about it? How do I know how the patient felt about it? 3. Influencing factors What internal factors influenced my decision making? What external factors influenced my decision making? What sources of knowledge did / should have influenced my decision making? 4. Evaluation: Could I have dealt with the situation better? What other choices did I have? What would be the consequences of these choices? 5. Learning How do I now feel about this experience? How have I made sense of this experience in light of past experiences and future practice? How has this experience changed my ways of knowing Empirics scientific Ethics moral knowledge Personal self awareness Aesthetics the art of what we do, our own experiences Smyths Framework for Reflection on Action Activity Cues Describe What did I do? Inform (Analysis) What does this mean? Confront (Self awareness) How did I come to be like this? Reconstruct (Evaluation and Synthesis) What do my practices say about my assumptions, values and beliefs? Where did these ideas come from? What social practices are expressed in these ideas? What is it that causes me to maintain my theories What views of power do they embody? Whose interests seem to be served by my practices? What is it that acts to constrain my views of what is possible in my practice? We can see with a number of models they go through, some, or all of the following phases. Descriptive phase Reflective phase Emancipator phase Processes Description of practice events Reflective analysis against espoused theories Critique of practice regarding conflicts distortions and inconsistencies Examination of descriptions for genuiness and comprehensiveness Reflective analysis of the situations Reflective analysis of intentions Engagement in emancipatory change process Products Descriptive accounts/narrative Knowledge about practice processes and applications Learning and change in practice Self awareness Self critique and emancipation Phases in critical reflective inquiry Kim 1999

American Agricultural Family History

The Family in History as we would hear perhaps from old folks who are still living in some rural areas is a picture of husband and wife and kids living simply outside urban area. According to Arlene Skolnick, â€Å"throughout the 17th and 18th centuries, well over 90 percent of the American family lived in small rural communities† (Skolnick 79) and every one is busy as all members of the family work be it in the farm, or in a shop, or maybe in the home.In Skolnick’s comparative study of the families then and now, she only noticed slight difference and this is in terms of size of family members. She noted that a â€Å"typical house hold in the 1790 included about 5. 6 members compared to about 3. 5 today† (Skolnick 79). During this period, married women were usually home maker specially those who belong to middle class family, but poor married young women and widows worked in the factories. Mara Dunleavy noted that during the early 1800s adult female role include the responsibility to have children and to care for them.She also had to take care of the house under her husband’s supervision. Also, she is expected by her husband in farm or garden labor. The husband on the other hand is responsible for the financial needs of the family. During this period, most men had farm or were working as farm laborers or what ever skill that got them employed. The husbands were also responsible to support and defend his family, and are expected to be strong, independent and reliable. They were to work in the field and to market his farm product.The married women role of running the household and to care for children were indeed a full time job as it also includes cleaning the house, preparing and cooking the foods, bottling and canning the produce of the farm, and provides for all the need of the husband and the children as well. Children had also their own role. They were taught these roles at their young age particularly how to farm for the boys an d how they could provide for in their families in the future. Children were also sent to school and were taught the basic academic subject as higher education was available during this time.Girls on the other hand, were taught the household chores and some basic education, but higher educations were not available for women until 1837. Dunleavy pointed out that even when higher education were opened for women in 1837 but it only offered limited degree not enough to provide them career alternatives, rather they were taught how to be a good wives and mothers. Arlene Skolnick pointed out that â€Å"differences between the American family in colonial times and today are not at all stark; the similarities are striking† (Skolnick 79).But these similarities could maybe only apply in the social climate of both periods. Indeed there is a striking contrasts in the roles those men, women and children that they are now doing and the roles that family members had assumed during the colonia l times. How Have Things Change Skolnick noted that during the civil war period American attitudes toward the family had profoundly changed. The reason for this is the gradual transformation of America into an urban, industrial society during the early decade of the 19th century.Skolnick further noted that in 1820, â€Å"less than eight percent of the population lived in cities but by 1860 it rose to twenty percent and by 1900, that figure had doubled. But the benefit of industrialization did not immediately affect the structure of the family† (Skolnick 80) However, there was a decline in the size of the family though most of the social condition remained about the same. But the industrialization had a lasting effect on the family as the whole members don’t have to work as independent workers. Men can work in the offices and factories while wives concentrate in the house to take care of the children now going to school.Mara Dunleavy contends that during the twentieth c entury, women’s role gradually moved into male dominated labor force and the home became a meeting place mainly for the family to gather together. According to Clarence Roberts, during the industrial revolution period men worked too far from their home and were usually tucked away in offices or factories (Roberts). Men became the bread winner to a great extent of the family while women left in charge of the children and the home. Roberts pointed out that this was thought to have helped destroy the equalitarian position of women in the family.During this period too, Roberts noted that children could now help earn for their families as they could work in factories even with out the approval of their elders. Roberts further noted that home training and instruction was now replace by formal education in public school and work in the factories. Dunleavy pointed out in his article published on line entitled â€Å"How Changing Sex Roles Have Affected the Family Unity in the United Stated,† that during the World War II there was a large shortage of men. Because of this shortage, women took the vacancies as men were sent abroad to join the war.Women took active roles in the male dominated work traditionally. Since then, women’s roles broaden and some began making careers outside of their homes for themselves. Since then up to now, more changes had taken place although children still work but authorities see to it that it would not hinder their education, thus making work schedule only on Saturdays. How Have They Remained the Same? There is no doubt that everything about the family life had changed to a great extent. The traditional family had also changed and even affected by this change because of the women’s quest for equality with men.Many things reflect great changes in the family life since the 1800s. Perhaps the only thing that has not significantly change is the social climate which still features almost the same social condition. Ear ly premarital pregnancies, abortion, marrying age, premarital sex, and divorce were just some of the issues of the past that still ring in the present society. It was in this area that Arlene Skolnick noted that there was striking similarities between the families of the past and the families of the present. Why do you Think that something have Changed Over time?There were indeed some things that had changed over time in the lives of the families in history. One of these things is, with the rise of industrialization men went to urban cities to seek for work in factories or offices for their families. Their farm lives were suddenly left behind, and the duties of the wives had changed from equally working with men in the farm to just manage the home and to take care of their children. This change went over time that women found themselves already in the situation, before they realize their utter dependence on their husband.The reason for this is nothing else than economic. Men sees th e opportunity for economic advancement which their farm lives could hardly provide. Family relationships particularly extended families have changed over time as every one had the opportunity to work. The once conjugal work of the disappeared and was replace by men as bread winner of the family. Children too have had experienced changed over time as they were now income earners too. All these changes were hue mainly to the economic opportunity bought by the advent of industrialization and the men’s desire to improve their family lives.Work Cited Dunleavy, Mara. â€Å"How Changing Sex Roles Have Affected the Family Unit in the United States. † Yale-New Haven Teachers Institute. http://www. yale. edu/ynhti/curriculum/units/1982/6/82. 06. 09. x. html Roberts, Clarence Jr. â€Å"The Changing Family: How Changes in the Family Reflect Social and Economic Changes in Society. † Yale-New Haven teachers Institute. Vol. 4, 2007 http://www. yale. edu/ynhti/curriculum/guides /1990/4/90. 04. 08. x. html Skolnick, Arlene. â€Å"The Paradox of Perfection†(given file)

Knight of Faith vs Overman

For my final research paper, I have chosen to compare and contrast Friedrich Nietzsche’s overman with Soren Kierkegaard’s knight of faith As if a coroner were standing over a body, holding a cold hand in one and looking at his chain watch in the other, I hear Nietzsche say: God is dead. God remains dead. And we have killed him. How shall we comfort ourselves, the murderers of all murderers? What was holiest and mightiest of all that the world has yet owned has bled to death under our knives: who will wipe this blood off us? What water is there for us to clean ourselves? What festivals of atonement, what sacred games shall we have to invent? Is not the greatness of this deed too great for us? Must we ourselves not become gods simply to appear worthy of it? – Nietzsche, the Gay Science, Section 125 As if conversing with Nietzsche I hear the response of Kierkegaard to be, God will never die, only faith in Him can, and has died, in you Nietzsche. To which Kierkegaard would add, but that’s only my perspective. Kierkegaard and Nietzsche each have views that respond to the issue of faith and the life lived by the individual. Kierkegaard’s view is called the knight of faith and Nietzsche’s called overman. The knight of faith is an individual who has placed complete faith in himself and in God. Kierkegaard argues that the knight of faith is the paradox, is the individual, absolutely nothing but the individual, without connections or pretensions. The knight of faith is the individual who is able to gracefully embrace life. Most people live dejectedly in worldly sorrow and joy; they are the ones who sit along the wall and do not join in the dance. The knights of infinity are dancers and possess elevation. They make the movements upward, and fall down again; and this too is no mean pastime, nor ungraceful to behold. But whenever they fall down they are not able at once to assume the posture, they vacillate an instant, and this vacillation shows that after all they are strangers in the world. This is more or less strikingly evident in proportion to the art they possess, but even the most artistic knights cannot altogether conceal this vacillation. One need not look at them when they are up in the air, but only the instant they touch or have touched the ground–then one recognizes them. But to be able to fall down in such a way that the same second it looks as if one were standing and walking, to transform the leap of life into a walk, absolutely to express the sublime in the pedestrian–that only the knight of faith can do–and this is the one and only prodigy. – Soren Kierkegaard, Fear and Trembling, Nietzsche’s overman can be described as; overman has his own self, both his higher and lower natures, neither repressed. He has this, his world, to which he is faithful. He has the love of this life, in this world, without the illusions that this world is inferior. And he has his reflective mind that reinforces these ideas. I believe that Nietzsche would claim his perspective to better because his claim focuses on this world, the one known to exist, whereas Kierkegaard’s claim implies a next life. Nietzsche would argue that Kierkegaard’s claim has two assumptions, 1) that there may or may not be an after life, and 2) that it is superior to this life. I like Nietzsche’s view of overman; overman is strength incarnate, reveling in the beauties of this life while satisfying his desires, both worldly and not. But it begs me to ask the question, as long as the anticipation of the next life doesn't interfere with the enjoyment of this one, can an overman not love this life and carry this love so far to greatly anticipate the next life as possibly even more beautiful than this one? I would further like to challenge Nietzsche on the topic of morals, and his overman. Since there is no objective truth, there are no objective morals or values. One becomes free to create their own and this is precisely what overman does. Overman has his own set of morals and values. Unless the morals one lives by here on earth are different than those they live by in Heaven, I don't see a problem. And even then I don't see a problem, unless one desires Heaven with its values inferior to their own. If one enjoys the way they live here and Heaven takes those enjoyments and morals away, why would one desire to live in Heaven at all? Nietzsche professes that God is dead, meaning the very idea of God's salvation is no longer held in the world's belief. If this is so, then doesn't it imply that having religious faith is indeed a subjective act, if not the highest possible subjective act? The fewer people who truly believe only means that the objective uncertainty is greater. Since objective uncertainty is at a maximum, so too must be the will to believe and the passion by which to believe. If this does not require also the maximum amount of courage, I don't know what does. I also like Kierkegaard’s view, but his view as well again begs me to ask questions. Kierkegaard’s knight of faith is self sacrificing. Christianity's absurdity makes it harder to have faith than to not. It almost seems that faith is a response to the fear of being wrong about the afterlife. Better to believe in just case than not believe and burn for it. The very degree of doubt makes belief seem desperate. But strong God fearing people should not feel such apprehension for the next life. Now don't get me wrong, they shouldn't depend on the next life for salvation. They shouldn't even depend on the existence of the next life, for there may be none. But if so, one isn't even disappointed if the next life doesn't exist since this life gives them all the happiness they desire. The despair that, Kierkegaard speaks of, needn't exist if he grant the premise that God desires ones happiness in this life, and if he grant the human race the possibility of achieving this happiness, independent of the next and possible nonexistent life. Subjectivism says that it matters more how one believes than it does what or why we do. So if one believes fervently that one can be happy here, what God would impose that such subjectivity is wrong, that one can only be happy independently of this world? Nietzsche’s overman has this courageous independence, but why can't a knight of faith also have it? I think that both Nietzsche and Kierkegaard have valid points. The overman's worship of this world, a world made beautiful by God Himself, is justified. It's courageous to find happiness in a meaningless world. The knight of faith's authentic anticipation of the next is equally justified as long as such faith doesn't interfere with living an authentic life while here on earth. The overman is not inferior to the knight of faith and the knight of faith is not inferior to the overman. They are both authentic, subjective existing individuals, living life the fullest way they know how, both courageous in their own ways. They are both equally superior in courage to all the slave moralists, master moralists and mock Christians of the world. And while I live here on earth, neither the overman nor the knight of faith can discredit the other, since there may or may not be an afterlife. The lacking evidence of an afterlife doesn't suggest there isn't one. Where would be the challenge in believing in something I know to exist? Likewise the very notion of Christianity defying common logic tempts me to doubt the faith it is so hard for me to have.