Tuesday, May 19, 2020
In The Stranger, Albert Camus establishes uncertainty to diffuse the tension surrounding Meursault while in Heart of Darkness, Joseph Conrad creates uncertainty to intensify the tension around Marlow. Both authors use a first person narrator, which limits the information the reader receives. Also both lead characters miss information though Meursault does so intentionally while Marlow does so unintentionally. Camus enforces the correlation of uncertainty and tension in The Stranger when Meursault gains certainty and the tension that then flows from the book. While the correlation in show in Heart of Darkness when Marlow is uncertain and the tension around him heightens. In both The Stranger and Heart of Darkness, the authors choose aÃ¢â¬ ¦show more contentÃ¢â¬ ¦In The Stranger, Meursault voluntarily misses information to alleviate tension while in Heart of Darkness, Marlow misses information unintentionally, which only heightens the tension of his surroundings. These uses of ambi guity lead the readersÃ¢â¬â¢ emotions to the desired feeling. When Meursault becomes bored with a conversation he loses focus and the reader loses information. In one conversation with the director, Meursault note, Ã¢â¬Å"The director spoke to me again. But I wasnÃ¢â¬â¢t really listening anymoreÃ¢â¬ (Camus 5). Because of MeursaultÃ¢â¬â¢s lack of focus much information is lost, but with which tension is relieved because, if Meursault does not care the reader also does not. This absence occurs again during the trialÃ¢â¬â¢s closing arguments when Meursault sates, Ã¢â¬Å"I stopped listening to the prosecutorÃ¢â¬ (Camus 100). The closing arguments can be some of the tensest times of a trial but Meursault just dismisses them, which ameliorates the tension of the trial. In Heart of Darkness, Marlow misses information because of circumstances out of his control. When Marlow first sees Kurtz, Marlow hears from a distance, Ã¢â¬Å"A deep voice (that) reached me faintlyÃ¢â¬ (Conr ad 130). Marlow was unable to know what Kurtz was yelling but the idea of his yelling is much more intense than the words that were actually coming out of his mouth. Similarly when awoken by a nearby conversation Marlow only hears, Ã¢â¬Å"bits of absurd sentences that got the better of my drowsinessÃ¢â¬ (Conrad 91).Show MoreRelatedAnalysis Of The Tell Tale Heart 1110 Words Ã |Ã 5 Pagesdespicable villains are marked with indifference towards their moral reprehensibility. Ã¢â¬Å"In the Penal ColonyÃ¢â¬ and Ã¢â¬Å"The Tell Tale HeartÃ¢â¬ both elucidate the idea that corruption, darkness, and immorality alike are unperceivable to the one afflicted. However, while Ã¢â¬Å"In the Penal ColonyÃ¢â¬ suggests that this blind nature is a result of dutiful honor, responsibility, and hope, Ã¢â¬Å"The Tell Tale HeartÃ¢â¬ alternatively submits that it is a result of the possibility of fulfillment. Distinction between both argumentsRead MoreReality Was Whispering At Me985 Words Ã |Ã 4 Pages Reality was whispering to me. My vision blurred, and it wasnÃ¢â¬â¢t from tears. My sensations stopped working as the hospital hallways grew dark. I grew mad at myself, wondering why I wasnÃ¢â¬â¢t crying like my family. Darkness started to consume me, and the whispers in my head told me what I needed to be answered. I didnÃ¢â¬â¢t want answers. I screamed in my head that IÃ¢â¬â¢m too young to learn now. My ignorance drifted away, leaving me alone with reality welcoming itself into my head. This was theRead MoreAnxiety And Anxiety Of Anxiety964 Words Ã |Ã 4 Pagesdeceptive cause.Ã¢â¬ It typically happens when there is no instantaneous threat to a humanÃ¢â¬â¢s security or comfort, but the hazard textures tangible. Anxiety makes one desire to relieve oneself from a position, in this case as quickly as possible. Their heart rate might increase, with a fallow of sweat and Ã¢â¬Å"flurries of butterfliesÃ¢â¬ in the stomach. Though, anxiety may cause one to stay vigilant and absorbed with things around them. When someone has an Anxiety attack itÃ¢â¬â¢s their bodies accepted reactionRead MoreSummary Of Young Goodman Brown 1278 Words Ã |Ã 6 Pagesair, passed on through the forest, where no church had ever been gathered, nor solitary Christian prayed. Whither, then, could these holy men be journeying, so deep into the heathen wildernessÃ¢â¬ (558). When one allows the evil that resides within the heart to take control and steer him down paths he would not normally travel, only God knows where it will lead him. Once that lust has one in its grasp and has fully overtaken his thought process, the person will go to any length to obtain what is desiredRead MoreSummary Of The Guardian 2222 Words Ã |Ã 9 Pagesdown to Earth. His story is muttered between the older disdainfully because this one fell to the lowest point: mortality. His story is revealed to the younger as a warning to not get too involved in the duties assigned. His story is whispered in the darkness by a Guardian all al one as a reminder that solitude is not everlasting. His story is remembered by those who, like him, had found those they d die for, only to watch them wither away like a flower in winter. His story is an Epic. His story is aRead MoreMusic On My Car Ride Home1238 Words Ã |Ã 5 PagesWesley once said; Ã¢â¬Å"God does nothing on earth save in answer to believing prayer.Ã¢â¬  My interpretation of this quote in the situation I found myself in was; God answers my believing heart and not my questioning head. ThatÃ¢â¬â¢s probably a very good thing considering I was pretty much out of my head anyways by this time. Stranger in a Strange Land Shortly after I was born, my mom said I peered around the entire hospital room with a squinty eyed look that said, Why?Ã¢â¬ She said I was inquisitive. And yetRead MoreModernism as an Impact in Society1500 Words Ã |Ã 6 Pagesmothers corpse, he begins to think of kissing Helen White. Having this thought while sitting next to his dead mother makes him feel guilty, and he begins to weep again. He leaves the room, still crying, overcome by a combination of fright and uncertainty.Ã¢â¬ (Anderson) However George remember things such when his mother death for that reason he felt loneliness and maybe in some moments he was depressed for both reason; his mother and Helen White. Sherwood in his story Ã¢â¬Å"SophisticationÃ¢â¬ arguments:Read MoreRevolutionary Ideas Can Be Proposed Through Art And Design1706 Words Ã |Ã 7 Pagescentury. How has the context contributed to the approach, medium and presentation of the works? Leo Tolstoy described art as Ã¢â¬Å"one of the means of int ercourse between man and manÃ¢â¬ in his book, Ã¢â¬ËWhat is Art?Ã¢â¬â¢(1897).This is true when we stand beside strangers in an art gallery, and gaze at an artistÃ¢â¬â¢s work. One might praise the artistÃ¢â¬â¢s craftsmanship and the other may criticizing its overarching message. What transpires in this interaction is exactly what Tolstoy wrote about no matter how opposing theRead MoreEssay on Chapter 1: Resurrection1558 Words Ã |Ã 7 Pagespeaceful and comforting feeling and fell asleep in the embrace of the falling rain. After a while, I opened my eyes and looked around however could scarcely see anything.Ã¢â¬Å"Not again, please!Ã¢â¬ , I wished wretchedly. A sharp feeling of menace lurking in the darkness inundated me. My earlier hope of peaceful embrace was progressively and gradually darkening until I noticed some lights above. I looked carefully and kept observing in wonder some tiny twinkling holes sprayed on a dark canvas. It seemed speakingRead MoreInteriority In Ed Wood1875 Words Ã |Ã 8 Pagesmovie making. In film, the motivations behind a characterÃ¢â¬â¢s actions cannot be seen, so the narrative space of the story can begin to seem pointless and disconnected. In movies focusing on some great quest or task, it is easier to see the mind and heart of a character because their actions are bigger; therefore, the events become contextualized by the interiority of the character. On the other hand, in movies like Ed Wood, the action is ordinary and mundane. This makes the events harder to co ntextualize
Wednesday, May 6, 2020
As individuals age changes occur physiologically that are part of normal aging. These changes occur in all organ systems and can impact an individualÃ¢â¬â¢s quality of life. The changes related to aging can be attributed to an individualÃ¢â¬â¢s genetic make up, lifestyle, physical activity, and dietary lifestyle. Being able to differentiate between normal changes in aging against disease process is important because it can help clinicians develop a plan of care (Boltz, Capezuti, Fulmer, Zwicker, 2012). Creating an accurate plan of care for older adults will greatly impact their quality of life. In the case of Anne Morrell there are several normal physiologically changes that impact her quality of life. Anne is experiencing normal aging related changes to her musculoskeletal system. Changes in musculoskeletal tissue occur through the loss of muscle mass and strength which replace lean body mass which fat and fibrous tissue. These changes in tissue cause a decrease in contractile muscle force with increased weakness and fatigue (Boltz, Capezuti, Fulmer, Zwicker, 2012). As discussed in her case study she reports back pain when standing or walking for longer than 15 minutes, needs assistance with steps, ambulates with a cane since she fell last year which affects her mobility and ability to perform her activities of daily living. This loss in AnneÃ¢â¬â¢s muscle function greatly increases her chance of falls and she also has an increased risk for disability. Another normal physiologicallyShow MoreRelatedRespiratory Infections And The Aged Adult1737 Words Ã |Ã 7 PagesRespiratory Infection Related to the Aged Adult Despite the multiple layers of protection the human body has against infection, bacteria and viruses still have the potential to breach the hosts defense system causing a cascade of issues. In addition, the aged adult can experience some changes to the immune system, creating more risk factors for infection. In this paper I will be discussing respiratory infections related to the aged population. Specifically, a literature review will be conducted toRead MorePCMH Ambulatory Care1106 Words Ã |Ã 5 PagesWhich populations (e.g. adults, children, or older adults) and what conditions/diseases are targeted PCMH Ambulatory Care Health initiatives attentions on the health outcomes of a group of patients; in the PCMH model, such groups of patients, known as panels, may be defined as patients assigned to a care team or provider. The basic characteristics of the PCMH model include physician-led, team-based practice; coordinated and integrated care within the PCMH and in the patientÃ¢â¬â¢s community; provisionRead MoreSexually Transmitted Diseases ( Std ) Essay1381 Words Ã |Ã 6 PagesDiseases (STD) are one of the most common and preventable health care problems in the world. The ageism of the population and the increase in the number of older adults, along with healthcare advances that provide better and longer quality of life, has encourage changes in sexuality amongst older adults. This increase has prompted healthcare workers to familiarize themselves with the sexuality of older adults. In this report, I plan to discuss the significance of this topic, the concern for the publicRead MoreMedicare : A Form Of Social Insurance1050 Words Ã |Ã 5 PagesBackground on Medicare Medicare is a form of social insurance. It provides several types of health insurance to its beneficiaries. The large majority of those who benefit from medicare are people who are 65 years old or older. There are some exceptions to this for people under the age requirement but have certain disabilities or diseases. Medicare is made up of four parts: A, B, C, and D. Medicare part A is Hospital Insurance. This means that it covers the costs associated with a hospital visit,Read MoreThe Importance Of Quality Assurance And Performance Improvement1558 Words Ã |Ã 7 Pagesimprove the care of the elderly population, especially in nursing homes. Throughout the paper, the general changes that the older adults go through their life will be discussed. Overview of five articles that are related to the elements of Quality Assurance and Performance Improvement (QAPI) will be given. Furthermore, this paper will examine physical and emotional changes that elderly go through. It will also focus on quality and improvement initiatives that can take place in different care facilitiesRead MoreTreatment Of Geriatric Depression : A Randomized Controlled Trial1699 Words Ã |Ã 7 PagesOfficial Journal of the American Association for Geriatric Psychiatry, 19(10), 839Ã¢â¬â850. http://doi.org/10.1097/JGP.0b013e31820ee9ef Article 1 Older adults with depression reported to have more physical illnesses and chronic pain; frailty; psychomotor retardation; or agitation, anxiety, cognitive impairment, anorexia, or weight loss than younger depressed adults. LavretskyÃ¢â¬â¢s et al. study focused on the effect of taking escitalopram, a SSRI, and participating in either a mind-body exercise, Tai Chi ChihRead MoreSubstance Abuse in Older Populations1147 Words Ã |Ã 5 Pagesfunctional and social habits that support substance use. As adults age, they are often unable to do the social things they have been accustomed to. This is when many elderly persons begin to display problems doing the tasks of daily life. The option of taking a pill with the promise that it will aid in living independently is often a viable option for the elderly. This desire to remain independent is an important part in the complex treatment plan that is established when it comes to assisting an elderlyRead MoreKeeping Healthcare Affordable For All Citizens Essay1376 Words Ã |Ã 6 Pagesaffordable for all citizens is important. Every person in this country should have the basic right to health care. The article Rights to Healthcare in the United States: Inherently Unstable discuss the rights people should have for healthcare as well as how Medicare and Medicaid came about. This paper discusses some points I agreed with in the article and different ways our country can improve health care. Reflection Paper Module Three After four decades of failure to enact a universal healthcare programRead MoreThe Common Illness of Diabetes1763 Words Ã |Ã 7 Pagesabout 90-95% of all the diabetic population in the US (Centers for Disease Control and Prevention, 2012). High cases of type II diabetes are common in people over the age of 45 (Diagnoses of diabetes, 2012). Type II diabetes is more prevalent in older population and women consist of about half of the diabetic population (Office on WomenÃ¢â¬â¢s Health, 2009). The risk factors for developing type II diabetes in women over 45 include age, family history, obesity, race, and history of gestational diabetesRead MoreThe Oral Health Status Between Older Adults And The White Population Essay727 Words Ã |Ã 3 PagesArticle Analysis I Quandt, S. A. (2009). Disparities in Oral Health Status Between Older Adults in a Multiethnic Rural Community: The Rural Nutrition and Oral Health Study. Journal Of The American Geriatrics Society, 57(8), 1369-1375. In an attempt to compare the status of oral health between the African American, American-Indian communities and the white population, the researchers carried out their research in the rural counties of North Carolina. The participant pool consisted of 635 people who
Discrimination for being a felon causes homelessness A problem I have noticed in my community is homelessness. A portion of the homeless is due to being unable to rent a house because of having a criminal history. According to the Pierce County Homeless Point-in-Time Report there were 1526 cases of homelessness reported in the county this does not count the induvial people it is measured by head of households. 73% of those cases reported that the head of house hold had a criminal history. That is a large amount of people, including whole families that are homeless over this matter. These people are living in shelters or with friends and family because they are unable to rent their own place. This is all because they have a criminal record, and now the record is being used to judge and discriminate against. One would think this would fall under the fair housing act. Sadly you couldnÃ¢â¬â¢t be more wrong in fact Robert Wise said Ã¢â¬Å"To give felons the protection of the Fair Housing Act protects them from the consequences of their own conduct. No such protection is presently afforded to anyone by the fair Housing ActÃ¢â¬ . And he couldnÃ¢â¬â¢t be more wrong itÃ¢â¬â¢s not protection against the consequence of the action, its giving someone an even playing field, itÃ¢â¬â¢s allowing a person to obtain a home for their family, and have dignity. And let me add some more madness to this already un-just issue, most of these people have jobs, and can afford to ren t and pay utilities, but yet they findShow MoreRelated Employment Discrimination Against Black Felons: The New Jim Crow Era1242 Words Ã |Ã 5 PagesOne example of the new Jim Crow Era is Sonya Jennings. Sonya is a felon as well as an African American mother. She was given an eight years probation after being arrested for possession of narcotics. Since Sonya is now tagged as a felon, she does not have the right to vote, she cannot receive public welfare, and she faces job discrimination (Alexander). The Jim Crow system has been planned in America today, legalizing discrimination for people with past criminal activityÃ¢â¬â¢s and records (Alexander)Read MoreOppression Is The Root Of Many Conflicts Today s Society993 Words Ã |Ã 4 Pages Oppression is at the root of many conflicts in todayÃ¢â¬â¢s society. I refer to such conflicts as racism, ageism, sexism, discrimination and so forth. It exists within anything that involves power. For example, oppression is greater towards the African American population, especially when it comes to the authority of law enforcement or even dating all the way back to slavery. Everyone has experienced oppression in their lives before whether they realized it or not. Oppression is what makes life hardRead MoreThe s Actions Were On Substantive Concerns As A Result Of Consequences Legal Formalism Created Essay1089 Words Ã |Ã 5 Pagesindividually signing orders to give back voting rights to individuals the VA Supreme Court did not stand in his way of doing so because his actions were within the law. I think Gov. McAuliffeÃ¢â¬â¢ decision to individually restore the voting rights of felons is illegitimate because his actions did not fall under every part of legal-rational authority that he does have. Under legal-rational authority, obedience to laws are expected because the laws are seen as legitimate, administrative leaders in theRead MoreThe Death Of A Felon s Proper Reintegration Into Society1588 Words Ã |Ã 7 Pages A practice that has been used in the United States of America since its conception, disenfranchisement allows for a state to remove the rights of a convicted criminal, more commonly a felon, upon release from the penitentiary. Most of the time these rights are limited to the right to bear arms, as well as the right to vote and run for public office, because they are considered dangerous criminals. For centuries now, the American people have justified this practice through the use of fearmongeringRead MoreAnalysis Of Orange Is The New Black 1134 Words Ã |Ã 5 Pagesscene from the show Ã¢â¬Å"Orange is the New BlackÃ¢â¬ (https://www.youtube.com/watch?v=OtAaXM1GAgw). This scene displays an interaction between two prisoners and friends, Poussey and Taystee. Poussey is furious with Taystee for ending up back in prison after being released. Taystee attempts to explain herself by claiming that prison is easier than attempting to live a normal life after prison. Poussey smacks Taystee and angrily states that her mom passed away while she was in prison and she wasnÃ¢â¬â¢t there to sayRead MoreBan The Box Or Fair Chance Policy Essay1416 Words Ã |Ã 6 Pagescurrently in the works for ending the discrimination of ex-convicts and ex-felons when seeking employment due to their criminal history. This policy gives previously and recently released ex-convicts and ex-felons the chance to achieve a long lasting stable employment. It gives the recently increased for the employers consider a job candidateÃ¢â¬â¢s qualifications first, without the s tigma of a criminal record. This policy touch on the bases on the individuals being released from correctional institutionsRead MoreMass Incarceration In Michelle Alexanders The New Jim Crow Laws1083 Words Ã |Ã 5 Pagesfor whites, when they existed at all. In addition, blacks were systematically denied the right to vote in most of the rural South through the selective application of literacy tests and other racially motivated criteria (PBS). Despite Jim Crow laws being abolished in 1964 when President Lyndon Johnson signed the Civil Rights Act of 1964, some have argued that todayÃ¢â¬â¢s mass incarceration is the new Jim Crow. Michelle Alexander, an associate professor of law at Ohio State University, outlines her argumentRead MoreThe New Jim Crow By Michelle Alexander1313 Words Ã |Ã 6 Pagescampaign depicting drug-related crime with African-American faces. Meanwhile political figures capitalizing on the War on Drugs by creating such laws as the Anti-Drug Abuse Act of 1986. M ichelle Alexander also touch on how individual being released from prison as felons and many African-American men canÃ¢â¬â¢t achieve the proper rehabilitation needed to reenter society. The purpose of this paper is to review Michelle AlexanderÃ¢â¬â¢s explanation of mass incarceration of African-American men due to policies thatRead MoreMichelle Alexander Mass Incarceration1601 Words Ã |Ã 7 Pagesincluding Stanford Law School, where she was an associate professor of law and directed the Civil Rights Clinics. Alexander published the bookÃ The New Jim Crow: Mass Incarceration in the Age of Colorblindness. In it, she argues that systemic racial discrimination in theÃ United StatesÃ has resumed following theÃ Civil Rights Movements gains; the resumption is embedded in the USÃ War on DrugsÃ and other governmental policies and is having devastating social consequences. She considers the scope and impact ofRead MoreThe New Jim Crow By Michelle Alexander1316 Words Ã |Ã 6 Pagesmonopolize on the campaign depicting drug-related crime with African-American faces. Meanwhile, political figures capitalizing on the War on Drugs by creating such laws as the Anti-Drug Abuse Act of 1986. Michelle Alexander also touches on how individual being released from prison as felonss and many African-American men canÃ¢â¬â¢t achieve the proper rehabilitation needed to reenter society. The purpose of this paper is to review Michelle AlexanderÃ¢â¬â¢s explanation of mass incarceration of African-American men due
Technology: The Role It Plays In Everyday Life Just recently, our class had the assignment of 24 hours unplugged where we all had to go without technology for 24 hours. I cant honestly say that I enjoyed my unplugged experience. Television is not a big thing to me, although there are a few shows I do enjoy. The internet, computer, and phone I use daily, more than once, so that was a really tough thing for me to handle. My day was completely different in terms of logistics, as I use the computer daily for my school work and email, so I had a lot of difficulty being able to do any school work, or work in general. I also use the phone to contact my family, friends, and boyfriend. I did not enjoy this aspect of living unplugged. I definitely hated the fact that I could not do any work or talk to anyone. Plus I am nosey so I love to watch the news and know what is going on daily, and I couldnt do that either. I would say that it was easy when I first began, but as the hours went on, I got bored and I would have to say that I gave up. I dont think psychological effects really played a big part, honestly. It is clear to me now, that technology definitely plays a big role in our society, maybe even bigger than people end to realize. In looking over the results of my whole class, I would say that about half of us were able to successfully complete this task, as the other half was un-able to successfully complete the task of going unplugged for 24 hours. Sarah OSullivan, for instance, was able to complete the assignment, although she stated, At 9 when I finally checked my phone I had a lot of missed messages and an angry boyfriend. Maybe I should have warned him about the assignment.. The only reason I think this was successful for me was the fact that I was mostly distracted by workA(OSullivan, 2013). I would have to say that I definitely understand the part of her boyfriend being upset because if I did not live with my boyfriend and did not answer him he definitely would be upset. Sarah OSullivan also states in the same sentence that she felt her working was what made this assignment easier for her. I feel that maybe if I had a job, I too, may have been successful. Brianna Johnson, another classmate of mine, like me, was unable to successfully complete the 24 hour unplugged experience. She states During those seven hours, I found is aggravating that even though I had my phone on me I could not touch it, it as hard to keep track of everything without my phone, my phone is literally my life00hnson, 2013). I can relate with her because my computer is my life. Like I stated above, I am constantly on the internet, checking email, doing my work, and surfing the web. I feel like at times I need my computer, or it is like I have withdrawals from it. It is a little absurd if you ask me. There was one other comment that Brianna made that I really liked. She states, l felt as if a piece of me had been taken away, like I was not myself anymore. You would never really think that technology would have such a big ffect on people, but in this day and age, where the world is all about technology, and it is constantly evolving, it actually plays a tremendous part in our everyday lives. The University of Maryland held this same study for their students. It seemed that they were not successful either. I think that our class was probably a lot more successtul at this than they were, although we are a small class, they ne d the study with 200 students. Some students stated that they were having withdrawals; they were unable to live without texting or Facebook, and those that Just simply could not do this assignment (University of Maryland). It is incredible, because one student from the University of Maryland, pointed out that it is not Just teenagers or young adults, ages 18-21 , who are so addicted to technology nowadays (University of Maryland). Another students states that When we began our assignment, I could not help noticing while walking down the hallways of the dorms, how many stereos and televisions were simply blaring, and that other students were glued to their phones or of Maryland). It really makes me wonder why so many people are so addicted to technology nowadays, and more so than ever before. I understand that echnology is a major basis of everyday lives, but honestly there are some days that I could really do without. I do not want to be bothered; therefore, I will shut the ringer off on my phone, turn my television off, and sometimes Just sleep or soak in the warm bathtub. I have watched my little brother become so involved with the gaming on gaming systems and computers that he no longer has interest in anything else. We literally have to peel him away from the games. His friends will come to the door to ask him to come out and play, and his usual response is, Hold on, I am in the middle of the game. It sickens me sometimes. I will call him on the telephone, and if I happen to ask him about one of his games, he can go on for literally hours and hours about the game and the things that go on. It worried me after we read the article on Relationships: Connection, Intimacy, and Self-Image, especially when they stated that according to a research study, teenage boys who spend at least 30 hours per week on gaming systems can be prone to developing social disorders, depression and anxiety problems(Steyer, P. 31). My brother spends way more than 30 hours a week. If he had his choice, the only friends he would have are those who are gamers s well. I will say that he does manage to keep his grades up, but as stated before, the only thing he does in his free time is play those darn games. It really makes me worry about him. Of course, I am sure, we have all played games in our lives, but to spend all of your free time on a game cant be to healthy nor good for a person, particularly a younger person. It really boggles my mind, seeing how technology really affects our world. I know that it was extremely hard for me to succeed going without technology, and I do not use Facebook, nor do I have cell phone. I am sure if I did, it would have been even orse for me. I see people that are so addicted to Facebook that they are constantly on Just to see how many likes they got, or if a new friend request was received. I also tend to see people glued to their phones, whether they are talking or texting. At one point, I did have a cell phone and it caused many fghts between my boyfriend and me. Heaven forbid I received a text message and did not respond instantly. It was, what are you doing, why arent you answering me and who are you with? It was insane to me to argue over a text, call, or even Facebook, that I ended up saying I am completely done with it. Technology consumes us as a whole.
Question: Discuss about the Australia Security and Investment Commission. Answer: Introduction The companies in Australia are required to follow the different provisions which are provided in the Corporations Act, 2001, which is an act of the commonwealth of Australia (Cassidy, 2006). Under this act, the officers and the directors of the company are provided certain responsibilities which have to be fulfilled properly in order for the person in question to be deemed to have discharged their duties in a proper manner, and also while exercising their powers (Latimer, 2012). Such responsibility has been imposed over the directors as they are the individuals who run the business of the company on behalf of the shareholders pursuant to section 198(1) of this act (Austlii, 2018). Gore v ASIC  FCAFC 13 is a good example of the possibility of corporate advisors, directors or officers of company being made responsible for breach of duties set out under the Corporations Act. This is particularly true when such individuals are deemed as accessory to such contraventions. This case was related to provisions covered under part 6D.2 of this act which relates to disclosure requirements (Austlii, 2017). Background of this case An appeal was made by Marina Gore against the order of the court. This appeal was based on imposition of injunction of 7.5 years based on section 1324 of this act. This led to Marina being restricted from indulging in any kind of business in the nations financial service industry. The court held that the provisions of the governing act had been contravened by Gore, particularly the first two subsections of section 727 of this act. This was because Gore had made offer of securities without the requisite disclosure documents, in addition to breach of section 1014H. Section 12DA of the Australian Securities and Investments Commission Act, 2001 had also been contravened in this case as per the court. This was owing to the indulgence of Marina in deceptive and the misleading conduct. A cross appeal was also made by the ASIC in this matter. This was due to inappropriateness of injunction stating of 7.5 years (Macredie, 2017). The issue of this case was related to the possible breach of section 727 of this act for the reasons of Gore being indulged in accessorial liability. Duties breached Rules Under section 79 of this act, the provisions for accessorial liability are given. This section provides that a person has to be made liable in a personal manner for contravening the sections of this legislation as being an accessory by another person, where the same is proved to the satisfaction of court that the initial person took part in contraventions of second person. In order for being a part of the contravention, the person needs to be involved in conspiring with the other person, and also needs to be indulged in inducing, counselling, abetting, procuring or aiding in either indirect or direct manner, and in a manner which was in the knowledge of the concerned party (Australian Government, 2018). Section 727 of the Corporations Act provides that there is a need for properly lodging the disclosure document in cases of securities being offered. Section 727(1) particularly states that an offer should not be made and also application should not be distributed for offering securities. This restricted is put till such period where the disclosure documents are lodged with ASIC. These disclosure documents have to be as per provisions of Part 6D.2. Section 727(2) provides that there is a need to include offer form in these documents. If this cannot be done, the offer form has to be attached to such documents (WIPO, 2015). Under this section, the offering of securities is restricted, along with restrictions on distribution of the application form for making an offer of securities, which are needed as per the disclosers made to the investors based on Part 6D.2, till the time: Prospectus used for an offer: Offer or the form needs to cover the prospectus, or has to be accompanied by the copy of such prospectus. Prospectus and profile statement used for an offer: Offer or the form needs to cover the prospectus and profile statement, or has to be accompanied by the copy of such prospectus or profile statement. Offer information statement used for an offer: Offer or the form needs to cover the prospectus, or has to be accompanied by the copy of such offer information statement. In this matter, Yorke v Lucas  HCA 65 was deemed as an important reference point. The quoted case presented that during the civil proceedings, the essential elements of the particular breach had to be shown. This is to show the contravention had taken place. This was important in context of holding a person as accessory of breach. Merely showing that the person had the knowledge about the facts could not be deemed as a breach (Haarsma Lawyers, 2009). Furthermore, the contravention needs to require an intentional participation and intent on the basis of knowledge of these elements (Jade, 2018a). Another precedent holding significance here was Giorgianni v The Queen  HCA 29. This case presented lesions for criminal law requirements in context of holding a person as accessory. Based on this case, there was a need to show intent, instead of showing that the person ordered the acts to be done. This matter was related to offence attracting strict liability under the criminal law. And the culpable driving of this case was related to defective brakes (Jade, 2018b). The statue provided that the person had to aid, abate, counsel or procure in a different person who drove in a dangerous manner as a result of which grievous bodily harm was caused or death was caused. In such cases, the initial person had to be convicted of a specific offence which was related to culpable driving. The plaintiff lacked the knowledge of the defect in braking system. Yet, the party appealing in this matter was convicted (High Court of Australia, 2018). The third precent quoted in this matter was Johnson v Youden  1 KB 544. In Johnson, the court had held that in order to hold an individual as an accessory for any offence, the individual needs to know regarding the essential elements on which the offence had been formed. In lay mans terms, there is no need of the person holding the knowledge of the committing of offence. This is due to the fact that the person could lack the knowledge of the offence being actually committed. Also, citing ignorance of law is not a valid defence (Davies, 2015). A number of cases were cited in this decision and the next precent was ASIC v Adler  NSWSC 171. The reason for citing this case was for knowledge to be actual instead of being constructive. The company and the defendant were deemed as accessory to breach of director duties. They were held liable due to applicability of section 79 of Corporations Act. And they were accessory of Raymond Williams (Justis, 2018). This case had Williams passing on the instructions. And the transactions were undertaken here on Adlers initiatives. Thus, it was stated by the court that both Williams and Adler had violated these provisions in a knowing manner. Further, it could not be denied by them that they were aware of the factual elements resulting in contravention, and this was true even when both Williams and Adler had considered that the transaction had been undertaken at arms length principle (Austlii, 2002). Application For establishing the accessorial liability there is a need to show that the contravention which has been alleged for the securities had been offered or an application had been distributed by Gore for the securities offer. Also, there is a need to prove that the disclosures under part 6D.2 were required to be made to the investors. The last requirement is to show that no information statement, profile statement or prospectus had been submitted to ASIC. It was held that securities in this matter had been offered. Also, there was a distribution of application. Based on the situation, there was a need for lodging the disclosure document and this situation had to be this offers contents. Gore had clear knowledge of all this and yet failed in filing the disclosure document with ASIC (Jade, 2017). This case saw extensive consideration being given to the knowledge of Gore in being a part of the contraventions. The viewpoint adopted here was based on the precedents. The precedent was particularly related to failure in holding the elements of section 727(1) being present. It had been stated earlier that the only thing which had to be shown by the ASIC was the defendants had the requisite knowledge in the matter of two elements, and that they did not have to show that they were aware of disclosers based on the sections of Corporations Act, as had been elucidated in the previous segment. In this case, reference had to be made to the quoted cases where it was not required to show before that the court that the alleged accessory held the knowledge regarding the provisions in statute, which could have resulted in the conduct of the leading breaching party being unlawful; and that the only requirement was to establish the awareness of the accessory regarding the related matter associat ed with the unlawfulness. In this case, the relevant information was the knowledge of facts regarding the need of disclosures, instead of the requirement being placed through the governing legislation (Jade, 2017). As highlighted earlier, provisions of Criminal Code were involved here. However, these were not applied in this case. The reason for the same was the lack of these provisions being raised. Without doing so, the court could not consider these. Even though the matter was related to criminal offence, it never went to the court for holding the same. Court had the option of upholding the finding of first instance despite the failure in applicability of Criminal Code, and even for determining the matter based on the law, for the same to be remitted. In the matter of accessorial liability, it could be shown to be present in this case in a clear manner. This is due to the knowledge of the offers contents which were a proof of requirements of such disclosures. There was a clear presence of provisions of Part 6D.2 in this case since the ignorance of law could not be deemed as a valid excuse (Jade, 2017). Conclusion and Courts Decision This case saw the court considering that ASIC had to show the presence of fault elements of criminal court for getting the civil remedies for the violations of provisions of the governing act, due to the securities having being offered without a prospectors. This had been undertaken through the appeal and cross appeal of this matter (Mondo Visione, 2017). The criminal code had not been applied in this case by the court since the same had not been applied in the initial case, and this happened even when the fault elements could be regarded as the particular offence. After taking into consideration all of these issues, it was concluded by the court that the decision which had been given by the initial judge had been right for the contravention of section 727 by Gore. This led to the grounds covered under the modified notice of appeal being dismissed by the court. Thus, Gores appeal had been rejected along with the rejection of cross appeal made by ASIC. It was held by the court that the primary judge had properly reflected over the culpability of the issue; and the breaches of Corporation Act by Gore had just been a part of the grand scheme. So, the appealing party had to pay the cost of cross appeal, and vice versa (Austlii, 2017). References Austlii. (2002). ASIC v Adler and 4 Ors  NSWSC 483 (30 May 2002). Retrieved from: https://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWSC/2002/483.html?stem=0synonyms=0query=asic%20v%20adler Austlii. (2017). Gore v Australian Securities and Investments Commission  FCAFC 13 (13 February 2017). Retrieved from: https://www.austlii.edu.au/au/cases/cth/FCAFC/2017/13.html Austlii. (2018). Corporations Act 2001. Retrieved from: https://www.companydirectors.com.au/director-resource-centre/organisation-type/organisation-definitions Australian Government. (2018) Corporations Act 2001. Retrieved from: https://www.legislation.gov.au/Details/C2013C00605 Cassidy, J. (2006). Concise Corporations Law. 5th ed. NSW: The Federation Press. Davies, P.S. (2015). Accessory Liability. Oxford: Hart Publishing. Haarsma Lawyers. (2009). Case Study - Misleading and Deceptive Conduct - Yorke v Lucas - Oct 6, 2009. Retrieved from: https://www.haarsma.com.au/news/1359 High Court of Australia. (2018). Giorgianni v The Queen. Retrieved from: https://eresources.hcourt.gov.au/showbyHandle/1/233522 Jade. (2017). Gore v Australian Securities and Investments Commission  FCAFC 13. Retrieved from: https://jade.io/article/520906 Jade. (2018a). Yorke v Lucas. Retrieved from: https://jade.io/article/67232 Jade. (2018b). Giorgianni v R. Retrieved from: https://jade.io/article/67192 Justis. (2018). ASIC v Adler 4 Ors 2002. Retrieved from: https://app.justis.com/case/asic-v-adler-4-ors/overview/c5CJn0CdnXWca Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Macredie, R. (2017). Gore v Australian Securities and Investments Commission  FCAFC 13. Retrieved from: https://www.linkedin.com/pulse/gore-v-australian-securities-investments-commission-2017-macredie Mondo Visione. (2017). ASIC: Application Of Criminal Code In Civil Proceedings Under Corporations. Retrieved from: https://www.mondovisione.com/media-and-resources/news/asic-application-of-criminal-code-in-civil-proceedings-under-corporations-act/ WIPO. (2015). Corporations Act 2001. Retrieved from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817