Rhetoric in the American Immigration Debate Essay

According to Aristotle, a speaker could frame any debate using three approaches: an appeal to logic, an appeal from credibility, or an appeal to emotions. All speakers and writers use the tripartite approach to rhetoric in varying degrees and ultimately the audience judges their effectiveness in the context presented. In America, few topics are as hotly debated as that of undocumented migration, and it can be difficult to pick through the partisan and often vitriolic rhetoric in order to come to a rational conclusion. Politicians frame the debate using elements of the American mythos. While the evidence they present to back their conclusions may be factual, it necessarily omits the full truth in order to present a partisan political front.†¦show more content†¦Nazario undertook the writing of Enrique’s Journey—an account of an undocumented migrant boy trying to reunite with his mother who had left him for a job in the States—to herself better understand the human aspect of the debate. The story of Enrique is fundamentally a story that stirs the emotions. While we may find reasonable the logical arguments laid out by the Nazario’s sources, and while Nazario’s ethos is backed by extensive notes, the tale is fundamentally an anecdotal account in the larger debate over immigration. Its appeal is pathetic in that it viscerally shows the life and travails of an immigrant from Central America, following the protagonist through drug addiction and beatings, danger and deportations, poverty and exploitation, and finally the thorny reunion with his mother. Nazario intentionally writes an engaging adventure (or misadventure) story using a third person narrative instead of focusing on Enrique’s own words. The writing and organizational style of Enrique’s Journey walks a thin line between ethnography and creative non-fiction, a choice that deliberately increases the emotional and imaginative appeal. 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Child Abuse And Children All Over The World - 1689 Words

Child abuse happens to children all over the world. There are four different types of child abuse. physical abuse, sexual abuse, emotional abuse and child neglect. Approximately 5 children die everyday because of child abuse. child abuse can physically and mentally harm a child by having Symptoms of nightmares, depression, and isolation. These symptoms can continue into adulthood. â€Å"one out of three girls and one out of five boys will be sexually abused before they reach age 18†. nobody knows what s going on at home because the children are scared or either threaten by the abuser to not tell anyone anything. Physical abuse is when a parent or caregiver causes any kind of physical injury to a child. physical abuse includes whipping , biting , kicking and choking. physical abuse can result in broken bones, brain damage , emotional and psychological harm. There are several reasons why adults or caregivers abuse children . one reason can be that the adult or caregiver was abu sed by their parents when they were children so when they grow up they choose to abuse children like they were abused. another reason can be as in a form of punishment or disciplinary action . some parents or caregivers think pain to kids can get them to listen and act right when they have bad behavior. â€Å"Signs of physical abuse in a caregiver or parent are , can t or won’t explain injury of child, or explains it in a way that doesn’t make sense , keeps child from school , claims that the child is a liarShow MoreRelatedChild Welfare And The United States Department Of Justice1692 Words   |  7 PagesAccording to the United States department of Justice, Over sixty percent of American children are exposed to a type of violence every year (Finkelhor, D., Turner, H., Ormrod, R., Hamby, S., and Kracke, K. 2009). 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Partnership Law Assignment Free Essays

string(118) " there may be additional clauses within the agreement which have not been seen that could impact on the advice given\." Introduction and Issues The facts presented here indicate that a partnership has been set up between three individuals and that there is a partnership agreement in place to deal with the operation of the business. Several factual situations have arisen and this will require the partners to look at the agreement entered into between the parties, as well the statutory provisions that are contained within the Partnership Act 1890 (PA). When looking at the situations being presented here, it is recognised that there is a partnership agreement in place and this would need to be seen in its entirety, in order to advise fully. We will write a custom essay sample on Partnership Law Assignment or any similar topic only for you Order Now Based on the above, this discussion will look at the facts presented and the extract of the agreement, alongside the statutory provisions, in order to determine ultimately the way in which the various issues raised can be dealt with. This will depend on a combination of the statutory provisions and anything that may be in a partnership agreement. As the partnership agreement has not been seen, the basis of this advice is that the partnership agreement is in keeping with the statutory and common law provisions. Four key issues have been identified and will be discussed in turn. Firstly, there are queries in relation to the potential appointment of either Tina or Helen, both of whom are related to Andrea and for slightly different reasons she wishes them to be included in the partnership. Secondly, there is a question in relation to the potential expulsion of Julia from the partnership. Thirdly, a suggested arbitration clause has been requested and is contained below. Finally, there is the query of the liability of Michael to the supplier and his relationship with the partnership and the supplier, i.e. whether he was acting as an agent. Therefore the supplier could legitimately bring an action against the partnership for the money owed or the question as to whether Michael would be liable personally. Appointment of Tina and / or Helen There are duties placed upon partners by virtue of their entering into partnership arrangements. These are stated in the Partnership Act 1890. Firstly, there is the duty to act in the utmost good faith towards the other partners. Secondly, there is a duty for the partners not to make a personal profit and not to place themselves in a position when the interest conflicts with their duty. As there are three partners within the current partnership arrangements, a majority i.e. two of the partners would be able to agree the inclusion of another partner. In principle, therefore, if Catherine remains unhappy about the proposition, she alone could not block this appointment. It is however argued, particularly in the case of Tina, that Andrea is acting in breach of her fiduciary duties to the partnership by attempting to include Tina, simply so that the partnership could remain within her family, in the future. There is a strong argument that putting Tina forward is a conflict of interest and therefore should not be allowed by virtue of the Partnership Act. Therefore, Catherine could present this argument, even if she remains in a minority. The position in relation to Helen is somewhat more complex, as it could be argued to be in the partnership’s best interests to recruit a much needed bookkeeper who is suitably qualified. As it would seem that Andrea and Julia would vote in favour of including Tina and Helen in the partnership, it would then be up to Catherine to argue that Andrea is acting in breach of her duties. It would be considerably easier for Catherine to prove this in the case of Tina who seemingly has no purpose in the partnership save as to further Andrea’s interests. In reality, however, it would be necessary to look at the provisions of the partnership agreements, in order to ascertain what would happen in the event of a dispute. The ultimate sanction for a partnership that is no longer tenable is the winding up of the partnership and this may not be desirable to any of the partners (section 26). In that case, consideration should be given to any arbitration of the possibility or the opportunity of one party to buy another out. It is not clear what provisions are contained within the partnership agreement for this and therefore the rules established in the Partnership Act 1890 prevailed on the partnership, with the danger of being wound up, if no agreement can be reached. It is also noted that, in accordance with clause 20, a notice of expulsion could be issued upon Andrea stating that she has breached her duties as a partner within the partnership. Although Catherine is unhappy with their actions, there is no indication that Julia is insufficiently unhappy that she is likely to be willing to pursue this route, although it does present a potential option in the event that both Catherine and Julia feel sufficiently strongly that Andrea is breaching her duties, in attempting to ensure that the partnership stays within her family, in the future. Expulsion of Julia Firstly, it is noted that, in accordance with section 25 of the 1890 Act, there is no immediate right for the majority to expel a fellow partner within the partnership. Therefore, it is necessary for Andrea and Catherine to look at the provisions of the partnership agreement, in order to ascertain whether or not they have any legitimate way to expel Julia, based on recent events. An alternative would be to look at the dissolution of the partnership and there are certain conditions within the Act which allow for this, although at this stage it is not perceived to be the desirable route and instead both Andrea and Catherine are looking towards the clauses within the partnership agreement, in order to expel Julia. An extract of the partnership agreement, namely clause 20, has been provided and it is recognised that there may be additional clauses within the agreement which have not been seen that could impact on the advice given. You read "Partnership Law Assignment" in category "Essay examples" However, for the purposes of providing this advice, clause 20 will be looked at. It is possible for the remaining partners to provide a notice in writing to the partner who is in breach of clause 20, terminating their position within the partnership, if the partner acts in a way that is a breach of their duties, or if they have acted in a way that is contrary to good faith between the partners, such notice may be provided. In this case, Julia has been convicted of a criminal offence namely drunk and disorderly behaviour, with a recognition that Julia is undergoing difficult personal circumstances. The question here would therefore be whether this conviction is such that it breaches one of the partnership duties, or creates a situation where it cannot be said that Julia is acting in good faith, going forwards. It is suggested that, due to Julia’s current level of distress, there is a strong argument that the necessary good faith between the partners has irretrievably been eroded and that clause 20 is then utilised in order to expel Julia from the partnership. In the alternative to taking a litigious approach and given Julia’s existing unhappiness with the attempted changes from Andrea, a form of settlement may be possible, or arbitration to resolve the situation. It is unclear as to whether these situations are dealt with within the partnership agreement and further investigation is necess ary to prevent a potential dissolution or battle in relation to the expulsion of Julia. It is, however, concluded that the actions of Julia are sufficiently severe that they could be used in order to expel her. Arbitration Clause As evident above, it would be advisable for the partnership agreement to have some form of dispute resolution mechanism in place. A suggested wording for such arbitration or dispute resolution mechanism is as follows: â€Å"Except as otherwise provided, any dispute arising out of or in connection with this agreement, including any question regarding its existence, validity or termination, or the legal relationships established by this agreement, shall be referred to and finally resolved by arbitration under the Rules of the London Court of International Arbitration, which Rules are deemed to be incorporated by reference into this clause. (a) The number of arbitrators shall be one. (b) The seat, or legal place, of arbitration shall be London. (c) The language to be used in the arbitral proceedings shall be English. (d) The governing law of the contract shall be the substantive law of England and Wales. 33.2 This clause shall be without prejudice to the rights of any party to seek any injunctive or similar relief from the courts to protect its intellectual property rights, confidentiality obligations, restrictions on the activities of any Partner or former Partner or other rights of any description.† This offers a dispute resolution mechanism that is both certain and efficient in dealing with such disputes and does not require the dissolution of a partnership unnecessarily. Liability of Michael as Agent Finally, there is the issue of Michael who did not become a partner who was sufficiently involved at the outset that his name has been placed on stationery. The firm purchased equipment from a personal friend of Michael, based on this personal relationship, with the belief that Michael was a partner in the firm. The question here therefore is whether it is reasonable for the company to be taking action against Michael personally, or whether he was acting as an agent for the firm. Typically, where an individual is acting as an agent between the firm and the supplier and this is known by supplier, it is the firm that would remain entirely liable for any agreement entered into. However, in this case, it would seem that Michael was acting as for an undisclosed principal and the supplier was not aware that they were in fact contracting with the firm, which was a partnership which did not include Michael. The supplier seemingly believed that he was contracting directly with Michael as a partner within the firm. When this is the case the third party i.e. the supplier, has a choice as to whether they enforce the contract against the principal, i.e. the firm or the agent, i.e. Michael. The actual discussion or arrangement with Michael is not clear; however, it is known that Michael had his name on the stationery used to communicate with the supplier. Therefore, it would seem reasonable to suggest that the supplier would have felt they were dealing with Michael personally or at least as part of the firm. On this basis, and with the fact that the supplier is now concerned about the financial validity of the firm, it would seem likely that the firm is going to look towards Michael personally to be liable for the contract. Conclusions and Summary The position within this partnership remains volatile, with three separate partners all of whom have agreed to the partnership agreement, all having disputes of some nature with each other. Fundamentally, however, in accordance with the Partnership Act 1890, it is necessary for each partner to be acting in good faith and to the overall benefit of the partnership and not on their own account. This standard will need to be borne in mind when looking at Andrea’s proposition of bringing on board both of her daughters. There is seemingly little argument in favour of the partnership bringing on board Tina; however, this is slightly less obvious with Helen, as she brings necessary skills to the partnership. The majority of the partnership cannot vote to expel an individual, in this case Julia, unless such conditions are contained within the agreement. According to the extract of the agreement provided, an expulsion is possible where the partner was not acting in good faith. A crimina l conviction does not necessarily indicate bad faith and this would be a matter of fact to be determined by the two partners looking to expel Julia. Finally, there is a strong argument that Michael, by virtue of the firm stationery and potentially any discussions with the supplier, will be held personally liable, having acted as an agent for an undisclosed principal. Bibliography Atwood v Maule (1868) 3 Ch App 369 Blisset v Daniel (1853) 10 Hare 493 Partnership Act 1890 section 24 r.7 Partnership Act 1890 section 25 Maillie v Swanney (2000) SLT 464 Morse, G (2010) Partnership Law, Oxford University Press. p.153 Sealy, L Hooley, R Commercial Law: Text, Cases and Materials, OUP. P.122 Watteau v Fenwick, [1893] 1 QB 346 How to cite Partnership Law Assignment, Essay examples

Jean Piaget (2099 words) Essay Example For Students

Jean Piaget (2099 words) Essay Jean PiagetIntroductionNow known as one of the trailblazers of developmental psychology, Jean Piaget initially worked in a wide range of fields. Early in his career Piaget studied the human biological processes. These processes intrigued Piaget so much that he began to study the realm of human knowledge. From this study he was determined to uncover the secrets of cognitive growth in humans. Jean Piaget’s research on the growth of the human mind eventually lead to the formation of the cognitive development theory which consists of three main components: schemes, assimilation and accommodation, and the stage model. The theory is best known for Piaget’s construction of the discontinuous stage model which was based on his study of children and how the processes and products of their minds develop over time. According to this stage model, there are four levels of cognitive growth: sensorimotor, preoperational, concrete operational, and formal operational. While a substantial amount of psychologists presently choose to adhere to the constructs of the information processing approach, Piaget’s ground breaking cognitive development view is still a valuable asset to the branch of developmental psychology. Whether or not Piaget uncovered any answers to the mysteries of human knowledge is disputable, but one belief that few dispute is that Jean Piaget did indeed lay a strong foundation for future developmental psychologists. Historical BackgroundIn 1896 the summer in Switzerland was just an ordinary, uneventful three months. However, during this ordinary and uneventful span of time, a child was born who would become an extraordinary developmental psychologist and fulfill the future with ground breaking events in the field of cognitive psychology. He was the son of an intelligent man and a stern, smart religious woman, and the godchild of respected epistemologist Samuel Cornut. With such scholarly surroundings, there is little surprise that Jean Piaget developed into such an intelligent individual. At age eleven, young Piaget wrote a paper on albino sparrows and got it published. This publishing provided him with the opportunity to meet a man who would turn out to be very influential, Paul Godet, the curator at the local museum. Young Piaget also benefited highly from his prestigious high school in Neuchatel, along with the aforementioned godfather Samuel Cornut who introduced him to one of the two fields he would grow to love, epistemology, and the most of all Jean Piaget’s parents who not only instilled an academic home environment but also provided a solid religious background. Another big moment came in the from of a book. Piaget names Henry Bergson’s L’Evolution Creatrice as the most influential piece of writing he has ever read in his adult life. From this book Piaget developed a desire for biology to go along with his existing interest in philosophy, epistemology to be exact. Piaget stated in his first two books that he had ambitions of constructing a structure that addressed the basic questions of epistemology. However, Piaget’s strong initial interest in philosophy declined somewhat when he discovered that the philosophers did not really know any factual answers to questions that have plagued humanity. Piaget now became equally interested in biology and epistemology. This dual interest attracted him to psychology, yet he still was unsure of what direction he should take in his career. It was not until Piaget traveled to Paris to hear his favorite writer of the time, Bergson, that he began to get an idea of what he wanted to do. There Piaget met James M. Baldwin who would motivate him and teach him the importance of imitation and of reversible operations. Both of these qualities would play a key role in the formation of Piaget’s development theory. However, Piaget’s major turning point came when the co-worker of the late Alfred Binet, Dr. Simon, requested that he standardize an intelligence test. Piaget flourished in the role of answering complex philosophical questions. Yet, Piaget did not go along with the traditional epistemologists who simply laid back and tried to conjure up answers. Piaget opted for the more biological-type of experiments with epistemology topics. This method of biological experimentation with epistemology gave Piaget the motivation to begin testing children and to do what he felt he was destined to do, determine how the mid grows. His result was the cognitive development theory. Theoretical ConstructsThe cognitive development theory is Jean Piaget’s attempt to explain how the human mind develops. A common description of Piaget’s view of the mind is that it is and active biological system that uses environmental information to fit with or adjust to its own existing mental structures. Now, to describe how this biological system develops, Piaget breaks the development process down into three main components: schemes, assimilation and accommodation, and the stage model of cognitive growth. Schemes are the structure or organizations of actions as they are transferred by repetition in similar or analogous circumstances. In simple terms, schemes guide thoughts based on prior experiences, thus, serving as the building blocks of cognitive growth. Except, with simple schemes, which are the first schemes to develop in a child’s life, the child has very li ttle, if any, past experiences to guide his or her thoughts. Therefore, early thoughts depend almost entirely on the new born child’s reflexes to senses. These basic schemes later combine with each other in order to develop more complex schemes that are more capable of guiding the child than reflexes. However, the complexity of the schemes depend upon how well and how much an individual either assimilates or accommodates information that is new to the mind. If schemes are considered building blocks, then the assimilation and accommodation processes can best be describes as the construction crews. These two processes aid in cognitive growth by arranging the new information with schemes that are already present in the individual’s mind. The more new information the child assimilates or accommodates, the less his or her schemes will have to rely on physical objects to create cognitive operations. Of course, according to Piaget’s stage model, this reliance on physic al objects will not decrease until the latter stages of the child’s cognitive growth. While both the assimilation and accommodation processes are responsible for establishing a perfect cognitive fit between the scheme and the information, each completes the process in different manners, hence the need for two different terms. Assimilation reconfigures the new data to fit with existing schemes, and the accommodation process restructures a child’s schemes to accommodate the new environmental information. As Piaget states, â€Å"Accommodation is the adjustment of the scheme to the particular situation.† He goes on to give an example of the two processes: An infant who’s just discovered ha can grasp what he sees (will then assimilate) everything he sees to the schemes of prehension, that is, it becomes an object to grasp as well as an object to look at or an object to suck on. But if it’s a large object for which he needs both hands he will (accommodat e) the scheme of prehension. The main component of Jean Piaget’s development theory has been addressed somewhat, but a factor of this importance requires much more attention. The key component is the stage model of cognitive growth. Piaget makes it clear that these stages are not determined by age, but cognitive development in this very brief explanation of the model, â€Å"The stages are an order of succession. The development isn’t according to the average age.† He goes on to describe the model as a â€Å"sequential order† of cognitive growth. The stage model is made of four stages and as one may infer from the statements form Piaget, these stages are discontinuous. The first stage the child goes through is the sensorimotor. During this stage there is â€Å"the existence of an intelligence before language.† While age does not determine the stage of growth, the average age of children in this stage is birth to two years old. Piaget’s conclu sion on this stage is that â€Å"the child is tied to the immediate environment and motor-action schemes, lacking the cognitive ability to represent objects symbolically.† The main task during the sensorimotor stage is for the child to control and coordinate his or her body. While in the second year, most children begin, â€Å"to form mental representation of absent objects.† Finally, at the end of the sensorimotor stage the child moves rather easily, can identify family members, has developed an understandable language level, yet the child is still â€Å"illogical, egocentric, and unaware of his self.† The next stage is the pre-operational which ahas an approximate range of age from two to seven years old. During this time, unfortunately, the child still can not carry out logical operations. However, to reach this stage the child must increase the speed of his or her manipulations, and become involved with more complex tasks. The child also creates mental symbo ls for physical objects during this phase. Most importantly, though, are the three features that preoccupy the mid during this stage: egocentrism – focus revolves around themselves and no one else; animistic thinking – believing inanimate objects have life and that they think; and there is centration – in which the child is often too focused on one characteristic of the perception, thus, the child is prevented form understanding the entire perception. Jean Piaget also notes that by the end of this stage the child develops, â€Å"language, symbolic play, and mental images (which) permit the representation of thought, but it is a preoperational thought.†The approximate age for the third phase of cognitive development is seven to eleven years of age. The child can not think in abstracts during the concrete operational stage, but can maintain mental operations which allows them to solve problems that are concrete such as addition and subtraction. During this stage, the child has a general knowledge of the requirements and guidelines for a complex task but the child can not complete the task because he or she can not visualize any possibilities. This is because all possibilities are represented by abstractions and the child can only represent objects in the concrete form. However, the child does begin to focus on the entire perception, slowly breaking away from the centration feature that is prevalent during the preoperational stage. Also, the egocentrism that was so obvious during the preoperational stage is usually left behind at that stage. One last improvement in the child’s cognitive development is that the child now understands the idea of matter conservation. The last stage of cognitive growth according to Jean Piaget is the formal operational which usually consists of individuals on the average of eleven years old. The child’s cognitive formal operations, â€Å"no longer related directly to objects.† The chil d can now think in abstracts and he or she realizes that their reality is not the only one that exists. The child also has â€Å"all the mental structures needed to go from being na?ve thinkers to experts.† Piaget described this stage best when he said that â€Å"The great novelty of this stage is that the adolescent becomes capable of reasoning correctly.† Overall, the schemes, the assimilation and accommodation processes, and the stage model all are constructs that not only support Piaget’s brilliant theory, but they themselves are innovative theoretical components. Of Mice And Men_imagry EssayImpact on SocietyJean Piaget was the leaning experimental epistemologist, thanks in some part to Simon and Binet’s work, but he set the standard that would not be accepted by the ethnocentric Americans until they were desperate during the Cold War and decided to open their eyes and accept his findings. Once they did this, they implemented Piaget’s theory into many American school systems which would have had a much more beneficial outcome had the powers that be implemented the great man’s work more carefully. Yet Piaget and his theory have survived and he is labeled as â€Å"the dominant force in shaping the cognitive-field and perceptual-field theories.† His theory was strong because he placed intellectual development over the child’s emotional, social, and moral development because he viewed the intellect as having influence over these other developing entities. In conclusion, Piaget summarized the cognitive developme nt theory best in this statement: â€Å"My secret ambition is that the hypotheses one could oppose to my own ill finally be seen not to contradict them but to result from a normal process of differentiation.† Biographies