0610 BIOLOGY Essays (1277 words) - Secondary Education In England

College OF CAMBRIDGE INTERNATIONAL EXAMINATIONS Global General Certificate of Secondary Education Imprint SCHEME for the May/June 2007 inquiry paper 0610 BIOLOGY 0610/02 Paper 2 (Core Theory), greatest crude imprint 80 This imprint conspire is distributed as a guide to instructors and competitors, to show the necessities of the assessment. It shows the premise on which Examiners were told to grant marks. It doesn't demonstrate the subtleties of the conversations that occurred at an Examiners meeting before stamping started. All Examiners are told that option right answers and surprising methodologies in competitors contents must be given denotes that decently mirror the pertinent information and aptitudes illustrated. Imprint plans must be perused related to the inquiry papers and the report on the assessment. CIE won't go into conversations or correspondence regarding these imprint plans. CIE is distributing the imprint plans for the May/June 2007 inquiry papers for most IGCSE, GCE Propelled Level and Advanced Subsidiary Level prospectuses and some Ordinary Level schedules. Page 2 Mark Scheme Syllabus Paper IGCSE May/June 2007 0610 02 UCLES 2007 1 (an) (I) leaf B has equal veins/veins not stretched; [1] (ii) living being D has body isolated into portions/rings/OWTTE; [1] (iii) living being E has four sets of/eight legs/appendages ; I - ref to cephalothorax (incorrect) [1] (iv) living being G has multiple sets of legs/appendages/non-indistinguishable/shifted legs/appendages/2 districts to body/cephalothorax and mid-region; I refs to exoskeleton [1] N.B. No letter given no imprint (b) show division of 50/5; (amplification) x10/times 10; R 10mm On the off chance that no working, at that point 2 imprints for right amplification In the event that off-base working can increase 1 imprint for right amplification I proportions [2] [Total: 6] 2 (an) A = sepal/calyx; B = anther/stamen; Accept androecium [2] (b) to get/trap dust/OWTTE; Accept ref to male gamete [1] (c) 1 no nectary (in wind pollinated bloom); 2 littler/more subtle petals (in wind pollinated bloom); 3 stamens outside of petals/blossoms (in wind pollinated bloom); 4 shame/style outside of petals/blossoms (in wind pollinated bloom); 5 fluffy shame (in wind pollinated blossom); any two 1 imprint each [2] (d) process blooming plant human treatment germination implantation fertilization sex Every vertical segment right 1 imprint each [2] I crosses in different boxes Page 3 Mark Scheme Syllabus Paper IGCSE May/June 2007 0610 02 UCLES 2007 (e) (I) 1 scattered by creatures/vertebrates/fowls/named models; R creepy crawlies 2 red external coat pulls in them; 3 substance urges them to eat organic product; 4 seeds hard covers permit it to maintain a strategic distance from absorption/debilitate gulping; 5 dispersal in defecation/dropped while expelling tissue; any three 1 imprint each [3] (ii) 1 dampness/water/OWTTE; 2 with minerals/named mineral; 3 warm conditions/appropriate/ideal temperature; 4 in light/not concealed region; any three 1 imprint each [3] [Total: 13] 3 (a) ceaseless (variety); [1] (b) (I) plotted as four bars, all unmistakably recognized (underneath or on bar); precise plotting (+/a large portion of a square); [2] (ii) qualities/alleles/genotype/DNA/OWTTE; [1] (c) (I) a change/modification in a quality/allele/DNA/chromosome/chromosome number; [1] (ii) substance/named model/cigarette tar; (gamma/beta/alpha/ionizing) radiation; X beams; UV light; any two 1 imprint each [2] [Total: 7] Page 4 Mark Scheme Syllabus Paper IGCSE May/June 2007 0610 02 UCLES 2007 4 (an) (I) F; [1] (ii) E; [1] (iii) no tropical woods left/all devastated; [1] (iv) D; [1] (b) (I) microorganisms/growths; [1] (ii) carbon dioxide; minerals/named mineral salt/particle; I supplements R nitrogen (gas) [2] (c) 1 harvests take/utilize mineral salts from soil; 2 yield expelled from land; 3 soil gets fruitless/low in mineral salts; 4 harvest yield drops to useless levels; 5 no new/substitution of humus/no reusing of materials; 6 scrap structure lost; any three 1 imprint each [3] [Total: 10] 5 (an) (I) carbon mixes in creatures; [1] (ii) C; D; E; any two 1 imprint each [2] (iii) B; [1] (iv) A; [1] (b) (I) bolt marked P corresponding to C yet inverse way/ connecting boxes from air to plants around outside of graph; [1] (ii) carbon dioxide + water; = glucose/(basic) sugar/starch + oxygen; [2] I ref to water on item side A right recipe an alternative for word no requirement for condition to be adjusted [Total: 8] Page 5 Mark Scheme Syllabus Paper IGCSE May/June 2007 0610 02 UCLES 2007 6 (an) A; D; E; [3] I named parts (b) root hair cell 1 long expansion/depiction to cell; 2 increment surface region (for retention); 3 no chloroplasts/chlorophyll; 4 underground/avoided light; [4] I - ref to photosynthesis

Free Essays on How Fredrick Douglass Got His Message Across

Fredrick Douglass was an author who strikingly expounded on the treatment of slaves while in imprisonment. his perusing experience made him a compelling individual in the late 1800's. He went through two years of his youth years living on the manor; it was here he got his initial introduction of subjection. in his composing Fredrick Douglass portrays how he saw ridiculous exchange. On the off chance that a slave was sentenced for any high offense, or unmanageable, or endeavored to flee he was severley whipped, put on board the sloop, conveyed to Baltimore, and offered to Austin Wool Folks, or some other slave-broker, as a notice to the rest of the slaves. He expressed that the people slaves recieved eight pounds of pork, to its comparable in fish and a bushel of corn supper. Their yearly dress comprised of two coarse material shirts, one sets of cloth trouses, similar to shirts one coat, one sets of shoes; coats, nor trouses were given to them. Offspring of both genders were practically stripped may be seen nearly at all period of the year. They had no beds to stay in bed, just the people, kids were absolved. they 're resting time was restricted, when their work in the field was done they needed to do their washing, repairing and cooking and working without any assets by any means. At the point when they nodded off wedded people all stuck together on the virus moist floor, covering themselves with their covers. at the point when dawn the horn is shouted out for the captives to answer to the estate, the individuals who didn't rise were cleaned with enormous hickory stick and substantial cowskin. Fredrick Doiuglass further expressed that he saw Mr. Serious a curel administrator, whip a lady making blood run 30 minutes one after another; before her crying youngsters, arguing for their mom's discharge, this was curelty, he likewise obscenity and reviled at them. Mr Hopkins who was diverse supplanted Severe. He cleaned the slaves however appears to have no spot in it. The slaves considered him a decent administrator. He... Free Essays on How Fredrick Douglass Got His Message Across Free Essays on How Fredrick Douglass Got His Message Across Fredrick Douglass was an essayist who strikingly expounded on the treatment of slaves while in imprisonment. his perusing experience made him a compelling individual in the late 1800's. He went through two years of his youth years living on the estate; it was here he got his early introduction of bondage. in his composing Fredrick Douglass portrays how he saw wicked exchange. In the event that a slave was indicted for any high crime, or unmanageable, or endeavored to flee he was severley whipped, put on board the sloop, conveyed to Baltimore, and offered to Austin Wool Folks, or some other slave-dealer, as a notice to the rest of the slaves. He expressed that the people slaves recieved eight pounds of pork, to its proportionate in fish and a bushel of corn dinner. Their yearly garments comprised of two coarse material shirts, one sets of cloth trouses, similar to shirts one coat, one sets of shoes; coats, nor trouses were given to them. Offspring of both genders were practically stripped may be seen nearly at all period of the year. They had no beds to snooze, just the people, kids were excluded. they 're dozing time was restricted, when their work in the field was done they needed to do their washing, patching and cooking and working without any assets by any means. At the point when they nodded off wedded people all stuck together on the virus sodden floor, covering themselves with their covers. at the point when sunrise the horn is shouted out for the captives to answer to the ranch, the individuals who didn't rise were cleaned with enormous hickory stick and overwhelming cowskin. Fredrick Doiuglass further expressed that he saw Mr. Serious a curel supervisor, whip a lady making blood run thirty minutes one after another; before her crying kids, arguing for their mom's discharge, this was curelty, he additionally profanation and reviled at them. Mr Hopkins who was diverse supplanted Severe. He cleaned the slaves however appears to have no spot in it. The slaves considered him a decent administrator. He...

The History and Business of Making Lump Charcoal

The History and Business of Making Lump Charcoal Charcoal is an indistinct mass of carbon and can be produced using most carbonaceous materials. It is one of the most seasoned of man-made fills and has been set up under the ground for a thousand years. Charcoal in protuberance structure is as yet a significant wellspring of vitality all through the world and shockingly, is one of the primary driver of deforestation in the World. Recorded Charcoal Production Wood charcoal creation goes back to antiquated human ancient times whenâ stacks of wood signs on their closures were shaped into a pyramidal heap. Openings were made at the base of the heap and joined to a focal pipe for circling air. The entire heap of wood was either built in an earth secured pit or made with dirt above progress. A wood fire was begun at the pipe base and continuously seethed and spread up and out. Antiquated charcoal pits, under normal conditions, yielded around 60 percent of the complete wood by volume, yet just 25% by weight, of charcoal item. Indeed, even by the seventeenth century, progresses in innovation yielded about 90 percent proficiency and was an aptitude that took a very long time to learn and a significant interest in furnaces and answers which had since quite a while ago supplanted the pit strategy. Current Charcoal Production Much like the old procedure, the cutting edge business charcoal procedure is to warm wood with next to zero air present which takes unique however basic hardware. In the United States, wood is the essential material utilized for charcoal and is for the most part obtained as buildup from sawmills - sections and edgings. Sawmills love to discover clients of this material on account of natural issues with copying and removal of plant squanders. Where there are sawmills, there is an accessible crude item. The United States Forest Service has evaluated that there are almost 2,000 charcoal-creating units in the United States, including block ovens, cement and workmanship square furnaces, sheet steel ovens, and answers (a steel metal structure). The territory of Missouri creates a noteworthy bit of this national charcoal item (they have as of not long ago had less severe ecological guidelines) and 98 percent of all charcoal is delivered in the eastern United States. While charcoal can be produced using any number of regular materials, hardwoods, for example, hickory, oak, maple, and organic product woods are supported. They have novel fragrances and will in general produce a superior evaluation of charcoal. Better evaluations of charcoal originate from crude materials with low sulfur content. The employments of charcoal may shock you. Other than being the fuel that cooks steaks, wieners, and burgers on a Sunday cookout, charcoal is utilized in numerous different procedures. It is utilized in certain metallurgical refining medicines and as a channel to evacuate natural mixes, for example, chlorine, gas, pesticides, and other harmful synthetic compounds from water and air. Initiated charcoal, which has an overly absorptive surface, is developing being used as a purifier. It is utilized in cleaning and refining metals and in the gas veils that were utilized during the Gulf War. NutraSweet uses initiated charcoal to change their item into a powder. Initiated charcoal is utilized as an antitoxin for some sorts of toxic substances and is touted as a powerful enemy of pretentious. Bump Charcoal as a Business Most charcoal makers sell their item as a briquette. This market has been commanded by a few organizations to incorporate Kingsford, Royal Oak, and significant basic food item advertise brands. These organizations might make protuberance charcoal which is an other item that has a few points of interest and has potential as a little new company. Some new and energizing barbecue advancements really require charcoal in knot structure. A business person planning to make due in the charcoal business will require creativity and awesome and forceful showcasing. Numerous little organizations have endure however most have not become showbiz royalty. Theyve found that their potential in the specialty charcoal market is by making normal hardwood knot charcoal. Imaginative thoughts like building up an item in a sack that has a circuit, which when lit will touch off the charcoal. This snappy light item joined with a simple to-utilize paraffin covered holder loaded up with regular charcoal has been an unobtrusive accomplishment in some neighborhood markets. A significant obstacle is making an engaging bundle. Specialized issues with capacity make for unappealing bundles and can influence deals. You may discover your sack on the base rack in the rear of the store due to a plain bundle. You may likewise have an issue discovering merchants that handle little volumes. There is additionally the potential for different items. Wood charcoal has a low sulfur content, in contrast to coal or oil based goods. This wood charcoal can be utilized where different types of carbon can't. Building up a forte actuated charcoal for filtration of consumables like air and water is conceivable. This low sulfur charcoal item would be offered to a huge maker of actuated carbon like Calgon Carbon of Pittsburgh, PA. Beginning a Charcoal Business Notwithstanding the crude material, you should have a territory reasonable for warming the material while permitting just an insignificant measure of air flow. This might be a block furnace or you may select a sort of metal structure called an answer. You can hope to pay up to a few hundred thousand dollars for one of these. You additionally should build up an arranging and pulverizing activity. The wood that has been cooked is littler than its unique size by around 33%. It must be separated into attractive pieces. This would need to be finished by a redid bit of hardware made by a specially made machine shop. There is no sensible quote here - youve got the chance to do a great deal of leg work. At that point you need to sack or bundle the carbon. Stowing machines are promptly accessible from packing hardware flexibly organizations. Charcoal presents to some degree a stowing issue because of a huge difference in the spans of the piece. These issues are not difficult to right and a stowing line could cost you as much as $100 thousand. You can get more affordable ones. The best procedure for making a business accomplishment in protuberance charcoal is to keep the market neighborhood or local. You may interface up with a flame broil or outside stove organization and join your showcasing endeavors. Promote the item as unrivaled, normal charcoal that has points of interest over briquettes. Numerous individuals don't know that charcoal is accessible in this all-regular structure. Preferences of Lump Charcoal Protuberance charcoal is an all-regular, 100 percent hardwood item with no additives.Natural charcoal warms quicker than briquettes, so food can be cooked over common charcoal inside 5 to 7 minutes after lighting.Lump charcoal can be lit without lighter liquid and with only a match and some paper - this implies no off-flavors.One pound of hardwood charcoal creates the identical warmth of two pounds of briquette charcoal. Weaknesses of Lump Charcoal Despite the fact that knot charcoal is developing in ubiquity, shopper request despite everything falls behind framed charcoal briquettes.Even however irregularity charcoal is a progressively effective warmth maker, its present cost is about twice that of briquettes.Lump charcoal is bulkier, has odd shapes, and pounds all the more without any problem. It will in general become dusty and drops off.

Byrne and Frew vs. Australian Airlines - Free Essay Example

CONTRACT LAW 1 Name: Professor: Course Code: Date of Submission: Paper Outline: Introductionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.3 What is contract law? Macaulay and Macneil on contracts Relational contract theory Purpose of the paper Case law of Byrne and Frewà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦.à ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦3 Concept of implied Terms and Relational Contractsà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦4 Relational Contracts and Byrneà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..6 Conclusionà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢ ‚ ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..8 Summary of the points identified. Referencesà ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦Ãƒ ¢Ã¢â€š ¬Ã‚ ¦..9 Introduction: Contracts refer to agreements creating obligations that are enforceable by law. The basic elements that constitute a contract are consideration, mutual assent, legality, and capacity (Barker, 2000). Macaulay and Macneil identify another perspective of contracts, by introducing relational contract theory (Macneil and Evanston, 2013). A relational contract is a type of contract that is built upon the relationship of trust between parties concerned. Under this theory, parties involved in a commercial contract are engaged in creating a long term relationship, affecting the manner in which they w ill associate with one another. This paper examines whether relational contract gives an adequate explanation on the reasons as to why the High Court did not imply terms when analyzing the case of Byrne and Frew against Australian airlines. This paper takes a stand that relational contract does not give an adequate explanation on why the court refused to imply the terms identified. The Case of Byrne and Frew: In the case of Bryne and Frew vs. Australian Airlines, the main issue that the court was to determine on the relationship between an individual employment contract, and an award from the industrial court. The two appellants were employed by the Australian airline company. They were dismissed on assertions that they interfered with luggages of the airline customers. This is after they were captured by the secret cameras, interfering with luggages. They sued the airline company for purposes of recovering damages, because of a statutory provision of clause 11 (a) which provi ded that the termination of an employment contract should not be unjust, unreasonable, or harsh (Gooley, Radan and Vickovich, 2007). Their main argument was that clause 11 (a) is an implied term in an employment contract, and on this basis, the company breached these terms by dismissing them through a harsh and unjust manner. In coming up with a judgment, the court denoted that terms can either be implied by law, or by fact. The court gave an opinion that the test of an implied term in a formal contract is established by the case of BP refinery vs. Hastings Shire Council (Ellinghaus, 2007). Terms that are implied by fact must pass the test of equitable and reasonableness, have a clear expression, obvious, consistent, and must pass the test of business efficacy. These terms did not pass the obvious test, and hence they cannot be implied. Implied Terms and Relational Contracts: An implied term refers to the legal provisions that are not directly identified by a spoken word, b ut introduced in a contract through courts as a necessary method to give meaning to the intentions of a contracting party. It is possible to imply a term in a contract through law. This is depicted in the 1977 case of the city council of Liverpool vs. Irwin (Ellinghaus, 2007). Under this case, the tenants lived in a fifteen storey tower, whose lifts did not work, and stairs in a bad condition. Tenants refused to pay, citing that the council had a duty to keep the common parts of the building in a decent manner. The court was to rule on whether maintaining the common parts of a building was the responsibility of the landlord or not (Barker, 2000). Lord Wilberforce was very categorical by denoting that it was necessary for tenants to live in a house maintained by the landlord (Willmott and Butler, 2013). The court gave a ruling that an implied word under this scenario must pass the test of necessity (Willmott and Butler, 2013). The words, à ¢Ã¢â€š ¬Ã…“taking reasonable careà ¢Ã ¢â€š ¬Ã‚  passes this test. The question to ask; what is reasonable care under this circumstance? The court ruled that à ¢Ã¢â€š ¬Ã…“reasonable careà ¢Ã¢â€š ¬Ã‚  is dependent on what tenants should do for themselves (Willmott and Butler, 2013). It was the duty of tenants to take care of the landlordà ¢Ã¢â€š ¬Ã¢â€ž ¢s property, and hence these terms could be implied. It is also possible to imply contract by facts. Justice Mason, in giving a ruling in Codelfa construction vs. State Rail Authority, denotes that it is appropriate to imply a term, if it is obvious. In determining an obvious situation, the court will use the bystander test. This is a test in which the court might try to find the opinion of a neutral person. Codelfa was contracted by the railway authority, and he was allowed to work around the clock (Gooley, Radan and Vickovich, 2007). However, an injunction prevented him from working on Sundays, and during the night. The court refused to recognize the terms à ¢Ã ¢â€š ¬Ã…“authority would indemnify any additional costs, if their working hours was affectedà ¢Ã¢â€š ¬Ã‚  because they were not obvious (Gooley, Radan and Vickovich, 2007). It is also possible to imply a contract by customs. This is contained in a decision arrived by the court in Con-Stan industries vs. Norwich Winterthur Insurance. The judges denoted à ¢Ã¢â€š ¬Ã…“that it is possible to imply a term based on the custom, provided that there is considerable evidence that the custom under consideration is well established in that industry, and a contract in that situation can be assumed to have borrowed the term, and incorporated it in the contractà ¢Ã¢â€š ¬Ã‚  (Gooley, Radan and Vickovich, 2007). Though this ruling, the judges agreed that an established custom in a particular industry can be implied in a contract that governs relations in the industry under consideration. Under this case, Con-Stan hired an insurance broker, Norwich, who was approved by the insurance compan y. Norwich went into liquidation and Con-Stan sued for unpaid premium, denoting that it was the customs of the insurance industry, for people to pay premiums to brokers. The court ruled that the custom identified is not recognized within the industry. Relational contract views a contract as a relation, rather than a transaction (Gooley, Radan and Vickovich, 2007). The basic characteristic of a relational contract is that there must be mutual trust, respect, and good faith amongst the parties engaged in the contract. It is impossible to conduct a relational contract without the use of implied terms. Bryne and Frew and Relational Contracts: There are a variety of reasons given as to why the High Court refused to imply the terms harsh, unjust and unfair in the case of case of Byrne and Frew against Australian airlines. One of the decisions given by the High Court is that the words unjust, unfair and harsh treatment was not implied in circumstances of the case under considerati on. This is after Justice Hill, of the Federal Court found out that Australian airlines did carry out a proper investigation on the conduct of the accused, and it specified the type of misconduct they were accused for. Further on, Justice Hill was able to denote that Australian airline proved that it gave the defendantà ¢Ã¢â€š ¬Ã¢â€ž ¢s time to defend themselves against the allegations (Gooley, Radan and Vickovich, 2007). In the Australian legal system, there are very few laws that explain the concept of a fair procedure under employment contracts. In Bryne and Frew, the appellants appealed against the lower courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision that Australian airlines followed the correct procedure, and was fair in dismissing the appellants. Carter (2006) identifies the following facts that the courts normally consider when identifying a correct procedure, Notifying the employee on the accusations against him or her. Giving them an opportunity to defend themselves. Carrying out proper investigations. Solving the case in the same manner that previous similar cases have been solved. It is these procedures that Bryne and Frew argued that the company breached. However, in defending themselves, Australian airlines argued that in circumstances where the court finds out that the company breached the procedures of employment, then the court should consider that the words harsh, fair and unjust are not implied words, and hence they are not part of the employment contract. The court agreed on this assertion by Australian airlines, and refused to imply those terms in the contract. By refusing to imply these words, and relying more on express words, and statutes, the court did not use the principles of relational contract theory in coming up with their decisions (Paterson and Duke, 2012). It is important to denote that an employment contract is an example of a relational contract, and this is because it does not create rigid conditions and terms when it is being initiated. However, it creates an evolving relationship, whereby parties agree to cooperate with each othe r, for their mutual benefits (Gooley, Radan and Vickovich, 2007). On this basis, an important characteristic of a relational contract is that parties agree to cooperate with each other, based on the principles of good faith. By refusing to imply those words in an employment contract, the court affected this principle of good faith. This ruling limited the kind of damages that employees could get. This had an effect of limiting the applications of the ruling contained in Gregory vs. Philips (Butler, Duke and Wilmott, 2013). According to the principles of good faith in the employment law, employees expect an employer to treat them fairly, and in a just manner. These are implied expectations, and they are not expressed. By refusing to imply these words, the courts played a role in destroying this principle of good faith, a major characteristic of relational contracts. A relational contract is also based on mutual trust and confidence. This is a major principle that guides an employm ent contract, and if it is breached, this trust and confidence amongst the parties to the contract would be destroyed. By recognizing that Australian airline breached the procedures of dismissing employees, and then refusing to imply the words harsh, unjust and unfair, in an employment contract, did not help in creating a sense of mutual trust and confidence to the employer (Gooley, Radan and Vickovich, 2007). This had an effect of portraying the company, as one which does not carter for the need of its employees. Conclusion: In conclusion, the court refused to honor the implied term, basically relying on the law, and express facts. In refusing to honor this term, the court was of the opinion that the word, harsh, unfair, and unjust did not satisfy the test that allows terms to be implied by law. For a term to be able to be implied by law, it has to satisfy two major conditions; applicable to a defined and specific category of contracts, and suitable in a manner that it would be applied in all similar contracts. The test of necessity had to be used under this scenario. The case did not pass this test, and hence, these words could not be implied. Furthermore, the terms identified did not pass the bystander test. The term harsh, unjust and unfair are not very obvious, or necessary for the contract under consideration to operate. On this basis, it could not be implied. References: Barker, D. (2000). Essential Australian Law. London: Routledge Cavendish Australia. Butler, C., Duke, S., Wilmott, C. (2013). Contract Law: Case Book,. Oxford: Oxford University Press. Carter, J. W. (2006). Carters guide to Australian contract law. Chatswood, NSW: LexisNexis. Ellinghaus, M. P. (2007). Australian cases on contract (2007 ed.). Melbourne, Vic.?: Code Press. Gooley, J., Radan, P., Vickovich, I. (2007). Principles of Australian contract law: cases and materials. Chatswood, NSW: LexisNexis Butterworths. Macneil, I. R., Evanston, I. (201 3). Relational contract theory: unanswered questions : a symposium in honor of Ian R. MacNeil.. Oxford: Oxford University Press. Paterson, J., Duke, A. (2012). Principles of Contract Law,. Sidney: Thomson Reuters,. Willmott, C., Butler,, D. (2013). Contract Law, (4 ed.). Oxford: Oxford University Press. References:

The Moral Theory Of Utilitarianism - 1725 Words

Numerous moral theories have surfaced in the past years. They have been widely debated by philosophers and social reformers. It is important to understand what these theories are because of their influential tendencies in the way people act, especially in making morally right or wrong decisions. Utilitarianism is one of these many moral theories. Upon further analysis, problems with utilitarian thoughts are revealed. It has been widely debated by many philosophers, including G.E. Moore and Immanuel Kant. Like these two philosophers, I argue that utilitarianism is inadequate because of its contradictory nature as a moral theory. It highlights the principle of utility in seeking the greatest pleasure, allowing egotistic and hedonistic actions to be considered moral. John Stuart Mill, born in 1806 in London, is one of the most infamous utilitarians in history. He was a philosopher, economist, and social reformer who grew up under the influence of utilitarianism. He spent the last few years of his life arguing for a systematic method to comprehending social, political, and economic changes without overlooking the insights of writers. Mills wrote Utilitarianism in 1861, defending his position to strive for the greatest pleasure for the relevant group. Before I discuss the theory of utilitarianism, it is imperative to explain and understand what it is. Utilitarianism is a moral theory, or a doctrine explaining why certain actions are right or wrong. It is the idea that moralShow MoreRelatedUtilitarianism : The Moral Theory977 Words   |  4 PagesUtilitarianism is the moral theory that emphasizes â€Å"the greatest happiness for the greatest number† (Clark, Poortenga, 2003). John Stuart Mill was a philosopher who believed in the principles of utilitarianism. He believed that humans desire for happiness and pleasure; therefore humans would be motivated to act morally in order to obtain that happiness (Clark, Poortenga, 2003). Mill’s approach has strengths, weaknesses, and is not fully equipped to hold true for all circumstances. Mill’s approachRead MoreThe Moral Theories Of Utilitarianism1908 Words   |  8 Pagesâ€Å"Vuty† or â€Å"Dirtue† Ethics The moral theories of utilitarianism, duty ethics, and virtue ethics each offer particular guidelines on how to live a good and moral life. While on their own these theories have various faults that make them unsustainable, I have found that the combination of the Categorical Imperatives in duty ethics along with the importance of having a moral character in virtue ethics can possibly create a rational moral theory. Though this theory I have created is not without flawsRead MoreUtilitarianism : A Moral Theory1862 Words   |  8 PagesResearch problem Utilitarianism is a moral theory that evaluates the rightness or wrongness of an action depending on its consequences. The criteria for this evaluation is how the action impacts the well-being of those involved. To put it simply, utilitarianism is concerned with whether the action brings the best outcome for those affected by it (Visak, 2013: 19). Whilst utilitarianism allows for different conceptions of well-being, depending on which value theory is used to measure it (giving placeRead MoreUtilitarianism : A Moral Theory1885 Words   |  8 PagesUtilitarianism can be defined as a moral theory that is generally considered to have been founded by Jeremy Bentham who was a 19th century English philosopher and social reformer whom the panopticon is also attributed to. At the center of utilitarianism is happiness, which is in fact the ultimate goal of all human beings. To be happy and promote happiness. According to classical utilitarianism, when a person wants to act in an ethical way, he or she should strive to bring about the greatest possibleRead MoreAct Utilitarianism And Its Moral Theory875 Words   |  4 PagesAct-utilitarianism is the view that the rightness or wrongness of an action is to be judged by its consequences, that is the maximisation of utility - whether or not said action is good or bad (Smart 2000). In the scenario presented, an act-utilitarian would suggest that one is morally permitted to pull the lever and kill one in order to save five lives. However, this moral theory does not compare with the majority of people’s instincts– this suggests that act-utilitarianism is problematic and doesRead MoreUtilitarianism : The Utilitarian Moral Theory Essay968 Words   |  4 PagesUtilitarianism-Module 5 1. In its general form, what is the utilitarian moral theory? In its general form, the utilitarian moral theory advocates that an action is morally right if it serves the greatest good for the greatest amount of people. 2. What is hedonism, and what is hedonistic utilitarianism? And, what was Epicurus s view about pleasure? Hedonsim is the principle that suggests that pleasure is the motivator of one’s life and hedonistic utilitarianism is when ethics is determinedRead MoreUtilitarianism : The And Influential Moral Theories890 Words   |  4 PagesUtilitarianism is one of the most renowned and influential moral theories. The basis of act utilitarianism is maximizing utility, that is, doing the things that maximize happiness over suffering. Utilitarians reject moral codes that are based on customs or traditions given by leaders or supernatural deities because they judge the truth or justifiability of morality as its positive contribution to all beings. Both act utilitarians and rule utilitarians concur that the overall aim in determining theRead MoreEffectiveness of Utilitarianism as a Modern Moral Theory927 Words   |  4 Pageslogic: the appeal to human understanding of the world. While a number of moral theories exist, none of them is more well documented that Utilitarianism, which focuses o n the maximization of total utility. I will discuss the theory initially, and then identify the major problems associated with it. I will conclude with a rationale as to how effective Utilitarianism is as a modern moral theory. Utilitarianism is quite a broad theory, with different constructs. However, the underlying agenda is the same:Read MoreMoral Theory Of Max Act Utilitarianism1576 Words   |  7 PagesMax Act Utilitarianism Kirill Parshin University of San Francisco  Ethics is all about principles of right conduct. Under the umbrella term, consequentialism has a much more specific moral theory known as max act utilitarianism. Max act utilitarianism is one of the most well known and influential theories that provides the best notion for the theory of right conduct. After a brief explanation of act utilitarianism, the argument of this paper will then seek to favor why act utilitarianism providesRead MoreMoral Theories Of Utilitarianism And Deontological Ethics1266 Words   |  6 PagesMeredith Gunning Final Examination December, 6, 2014 Section A Moral theories of Utilitarianism and Deontology Utilitarianism and deontological ethics are two major theories of ethics, specifying and justifying moral principles. Utilitarianism has been clarified by Jeremy Bentham (1748-1832) and John Stuart Mill (1806-1873). Bentham proposed that actions are based upon the consequences (Moreland, 2009), and ongoing work on his theory will help in providing grounds for legal actions. His ideas regarding

The State s Criminal Justice System - 999 Words

According to a report by Utah’s Commission on Criminal and Juvenile Justice (2014), the state’s prison population, while lower than most states, has increased more than 18 percent in the last 10 years and Utah annually spends $270 million dollars on corrections (summary, para 1-3). In response to this information, the Utah Legislature of 2015 passed House Bill 348, Criminal Justice Programs and Amendments in an effort to reform the criminal justice system in Utah. The bill initiated the state’s Criminal Justice Initiative and is based on recommendations designed to control the cost of corrections while keeping Utah communities safe. In their â€Å"Justice Reinvestment Report† the Commission on Criminal and Juvenile Justice (CCJJ) states, â€Å"For all the spending, taxpayers have not been getting a strong public safety return. Almost half (46%) of Utah’s inmates who are released from state prisons return within 3 years† (summary, para 1-3). I ndicating that controlling corrections costs while keeping communities safe depends on maximizing offenders’ success at becoming contributing members of their communities. Successful reintegration into the community plays a critical role in reducing recidivism, which consists of both new crimes committed by an offender and breaking provisions of their probation or parole. However, not all individuals return to communities where access to support services are available. According to Lutze et al’s (2014), research â€Å"Homeless and Reentry,† and alsoShow MoreRelatedWhy Do We Need a Criminal Justice System?1140 Words   |  5 Pageswhy a criminal justice system is needed or indeed what it contributes to the functioning of a society. In the discussion that will follow, it will be argued that there are essentially four reasons why we do need to have a criminal justice system. First, it upholds the freedoms of individuals and maintenance of public order. Second, a c riminal justice system instils fear in people and thus deterring illegal activities. Third, a good justice system provides rehabilitation and reform to criminals. FourthRead MoreCriminal Justice System Of The United States1722 Words   |  7 Pages  Criminal justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts. Those accused of crime have protections against abuse of investigatory and prosecution powers. Goals In the United States, criminal justice policy has been guided by the 1967 President s Commission on Law Enforcement and Administration of Justice, which issuedRead MoreThe Development Of The American Justice System Essay1291 Words   |  6 PagesThe development of the American justice system is a captivating subject that can prompt to years of recorded study and investigation. A decent criminal justice graduate program will give you enough information to leave you wanting more as I gained from my time in school. The first settlers to America brought the criminal justice system of English custom-based law to our shores. The framework depended on the idea of Mens Reas (guilty mind) and the impact of the Catholic Church. There was marvelousRead MoreAnnotated Bibliography On Crime And Justice1538 Words   |  7 PagesAnnotated Bibliography on Crime and Justice Crime may simply be referred to as an offense against the state or against morality and is punishable by law, while justice is the fairness practiced during judgment of cases usually in instances where crime has taken place. Crime and justice go hand in hand as commonly evident in a case whereby a criminal is apprehended and taken to a court of law, then a ruling of justice practiced on the case and fairness used in passing of judgments. In most governmentsRead MoreCriminal Justice Systems Paper1153 Words   |  5 PagesCriminal Justice System Paper The criminal justice system and the criminal justice process has shaped the laws of this country into what they are today from the concerns of politicians and government leaders as far back as the 1800s with crime control. Basically, the criminal justice system was designed to ensure the safety of individuals whom are citizens of this country. Essentially, the criminal justice system is â€Å"the structural basis used to maintain social control† (Education DecisionsRead MoreCriminology : Crime And Crime1410 Words   |  6 PagesCriminology is defined by the book Criminal Justice: A Brief Introduction, which was written by author Dr. Frank Schmalleger, Ph.D., as â€Å"the scientific study of the causes and prevention of crime and the rehabilitation and punishment of offenders† (Schmalleger, 2006, p. 20). People look at criminology in a big concept of criminal prevention but criminology in itself carries a wide variety of functions in treating crime and providing pun ishment to those who commit crimes. Crime increases when theRead MoreA Report on the Need of Improved Communication in the Criminal Justice System736 Words   |  3 PagesCriminal Justice Integration: The criminal justice system forms vital part of Americas democratic system of government as it helps preserve the peaceful and orderly functioning of society. It serves to balance the protection and security of the overall community and the preservation of the civil liberties and freedoms of individuals. It also provides justice both for criminals and victims of crimes by ensuring offenders are tried and prosecuted through a fair trial. This is important as one ofRead MoreThe Criminal Justice System : An Analysis Of Income And Racial Inequality Essay1586 Words   |  7 PagesRyan Williams English 102 Professor 6 May 2015 The Criminal Justice System: an Analysis of Income and Racial Inequality In the history of civilized communities, one finds that different structures and practices are relevant and necessary to uphold and maintain order within society—hence, the establishment of the criminal justice system. The criminal justice system, according to the Oxford Dictionaries (2010), is defined as â€Å"the system of law enforcement that is directly involved in apprehendingRead MoreAmerica s Criminal Justice System896 Words   |  4 Pagesobjectives of criminal justice, to set up the difficulty for effective decision-making and therefore the ability to come to a decision. These a number of the cited as a number of the most things that show however Germany s criminal justice system contrasts with the America s criminal justice system. supported this; this essay are going to be comparison at a number of the basic variations between America’s and Germany’s scheme (Maxeiner, 2012). For instance; it s clear that America s judges squareRead MoreFairness And Equality Within The Criminal Justice System1361 Words   |  6 Pagesequality in the criminal justice system has its original roots dating back to the Magna Carta in 1215 AD. The latest document to define the criminal justice is the United States Constitution which specifically in the 14th amendment which states †no state can make or enforce laws on its citiz ens, nor shall they deprive a person of life, liberty, or property without due process of law, nor will they deny equal protection of the laws†. Section one of the fourteenth amendment means that the states cannot make

Write an analysis on Ode to a Nightingale, focus Essay Example For Students

Write an analysis on Ode to a Nightingale, focus Essay ing on how Keats presentssome of the ideas he was struggling with at the time. A major point in Ode to a Nightingale is Keatss perception of theconflicted nature of human life, i.e., the interconnection or mixture ofpain/joy, life/death, mortal/immortal, the actual/the ideal, and theinextricable link between the real and the unreal. In the ode, Keatsfocuses on immediate sensations and emotions that the reader can draw aconclusion from or a notion. Throughout the ode he is trying to workthrough his ideas and feelings about pleasure and pain, and the linkbetween the real and the unreal. The opening of the poem is very heavy and negative; my heartaches, with numbness pains my sense making the reader think that it mustbe a very heavy pain to be felt when a person is numb. He feels as if hemight have of hemlock drunk or emptied some dull opiate to the drains;this resembles the qualities of the Lethe, the Underworld river that thedead drank from in order to forget all that they had done or said whileliving. The feeling is in fact the result of a deep awareness of thehappiness of the nightingale he hears singing; his resulting pleasure is sointense it has become painful. He feels joy and pain, a response of twominds he is happy, but he is too happy, which is then what is causing himthe pain. The ode reads as if Keats is jealous, but he is not, he isexamining the ironic link between happiness and sorrow; can pleasure be sointense that it numbs us or causes us pain? At the beginning of the ode,the bird is presented to us as a real bird, but as the poem progresses, thebird becomes a symbol for the beauties of nature and the ideal world. In the opening of the poem, a sense of sluggish weightiness issuggested by the heavy, almost thudding, alliterative sounds produced bythe repetition of d (drowsy, drunk, dull, drains), m (My,numb, hemlock, minute), and p (pains, emptied, opiate,past). If we compare this to the effects created in the second half ofthe stanza by the light assonantal trees, beechen green andsibilant sounds shadows, singest, summer the reader can see thatthe nightingale, in comparison to the poet, is a much freer spirit. Wanting to escape from the pain of a joy-pain reality, Keats beginsto move into a world of imagination or fantasy. He then says he wants to beintoxicated, clearly not wanting to get drunk, but he is associating thewine with a quality, or a state of mind which he is seeking. He wishes todrink to escape the real world, to leave the world unseen and enter theideal world through fantasy; he wants to be full of warmth and beauty; hewants to be free like the nightingale. He wishes to forget the negativity,aging, and the suffering of the world. Youth grows pale; could be seen ashim referring to his brother dying of tuberculosis a few years earlier, andbeauty cannot keep meaning everything beautiful dies. He personifiesbeauty here, with her lustrous eyes making beauty human, and so it willfade and die as all humans do eventually. The description of drinking andof the world associated with wine is idealized. The word vintage refersto a fine or prime wine; and it is used because if he was drin king a cheapwine, it would not have as pleasant an effect on him. Positive imagery isused much more as the feeling in the second stanza becomes a lot lighter,happier and freer. The activities in line 4 follow one another naturally:like a dance, and dance is associated with song; together they producepleasure (mirth), which is sunburnt because the country dances are heldoutdoors. Keats repeatedly combines different senses in one image; heattributes the traits of one sense to another, a practice calledsynaesthesia. Sunburnt mirth is an excellent example of synaesthesia inKeats imagery, since Flora, the green countryside, etc. are beingexperienced by Keats through drinking wine in his imagination. .ua3c3158c85f52f2a775f030a78677d37 , .ua3c3158c85f52f2a775f030a78677d37 .postImageUrl , .ua3c3158c85f52f2a775f030a78677d37 .centered-text-area { min-height: 80px; position: relative; } .ua3c3158c85f52f2a775f030a78677d37 , .ua3c3158c85f52f2a775f030a78677d37:hover , .ua3c3158c85f52f2a775f030a78677d37:visited , .ua3c3158c85f52f2a775f030a78677d37:active { border:0!important; } .ua3c3158c85f52f2a775f030a78677d37 .clearfix:after { content: ""; display: table; clear: both; } .ua3c3158c85f52f2a775f030a78677d37 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua3c3158c85f52f2a775f030a78677d37:active , .ua3c3158c85f52f2a775f030a78677d37:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua3c3158c85f52f2a775f030a78677d37 .centered-text-area { width: 100%; position: relative ; } .ua3c3158c85f52f2a775f030a78677d37 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua3c3158c85f52f2a775f030a78677d37 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua3c3158c85f52f2a775f030a78677d37 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua3c3158c85f52f2a775f030a78677d37:hover .ctaButton { background-color: #34495E!important; } .ua3c3158c85f52f2a775f030a78677d37 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua3c3158c85f52f2a775f030a78677d37 .ua3c3158c85f52f2a775f030a78677d37-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua3c3158c85f52f2a775f030a78677d37:after { content: ""; display: block; clear: both; } READ: A Modest Proposal Response PaperThe image of the beaded bubbles winking at the brim is much admiredfor its onomatopoeic effect; it captures the action of sparkling wine andthe alliteration duplicates the sound of bubbles bursting. This image ofthe bubbles is actual; in contrast, the previous imagery in the stanza isabstract. His awareness of the real world pulls him back from the imaginedworld of drunken joy. He still perceives the real world as a world of joyand pain (the two being linked). Keats thinking of the human circumstanceintensifies Keats desire to escape the real world. Keats uses the wordfade in the last line of the second stanza and in the first line of thethi rd stanza to tie the stanzas together and to then be able to move easilyinto his next thought. By implication, the nightingale lives in a worldmuch different to Keats own; the nightingales world is full of beauty andtherefore will last forever, whilst Keats own world will not, it will oneday die and fade away. AKeats suddenly cries out Away! away! for I will fly to thee. He thenturns to fantasy again; he rejects the idea of drinking wine in line 2, andin line 3 he announces he is going to use the viewless wings of Poesy tojoin the nightingale. He explains that it might be difficult to get there,but in fact he is already there with the nightingale in the fantasy worldin his mind. He contrasts the experience through poetry to the dull brainthat perplexes and retards (line 4); the mind is often related to work,while the heart is usually related to emotion. In line 5, he seems tosucceed in joining the nightingale. The imagined world described in therest of the stanza is dark; there is no light, associating the light andthe dark to Platos Cave; the theory of the harsh light being the realworld, and the soft darkness is the ideal world. ABecause Keats cannot seein the darkness, he relies on his other senses, taking us through them inthe next stanza. Not being able to see makes the experience more intense,and the language intensifies with it, and the tone of the poem changes. Even in the dark refuge, death is present; embalmed meaning both amethod of burial and a sweet smell. Even in the ideal world there are stillnegative points. The hints of death bring the tone of the ode down again,to prepare us for his coming out of his trance in the last stanza. Itcould be said that death was almost anticipated (in a sort of propheticirony) by the vague suggestions in the words Lethe, hemlock, drowsynumbness, poisonous, and shadowy darknessIn the sixth stanza, Keats starts to distance himself from thenightingale, which he joined in imagination in the earlier parts of theode. Keats says he yearns to die, a state which he imagines as only joyful,as pain-free, and a state in which he can truly merge with the birds song. The nightingale is set apart as wholly blissfulfull-throated ease inthe first stanza and pouring forth thy soul abroad / In such an ecstasy!(lines 7-8). In the last two lines of this stanza, the poet no longeridentifies with the bird. He realizes what death means for him; death isnot release from pain; rather it means non-existence, the inability to feelthe birds ecstasy. Keats realizes that it is the song that will last, notthe bird, because if the nightingale were to fly away, the song would leavewith it. .ud98aa9067b8a8d2653643d539a1b1eea , .ud98aa9067b8a8d2653643d539a1b1eea .postImageUrl , .ud98aa9067b8a8d2653643d539a1b1eea .centered-text-area { min-height: 80px; position: relative; } .ud98aa9067b8a8d2653643d539a1b1eea , .ud98aa9067b8a8d2653643d539a1b1eea:hover , .ud98aa9067b8a8d2653643d539a1b1eea:visited , .ud98aa9067b8a8d2653643d539a1b1eea:active { border:0!important; } .ud98aa9067b8a8d2653643d539a1b1eea .clearfix:after { content: ""; display: table; clear: both; } .ud98aa9067b8a8d2653643d539a1b1eea { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud98aa9067b8a8d2653643d539a1b1eea:active , .ud98aa9067b8a8d2653643d539a1b1eea:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud98aa9067b8a8d2653643d539a1b1eea .centered-text-area { width: 100%; position: relative ; } .ud98aa9067b8a8d2653643d539a1b1eea .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud98aa9067b8a8d2653643d539a1b1eea .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud98aa9067b8a8d2653643d539a1b1eea .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud98aa9067b8a8d2653643d539a1b1eea:hover .ctaButton { background-color: #34495E!important; } .ud98aa9067b8a8d2653643d539a1b1eea .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud98aa9067b8a8d2653643d539a1b1eea .ud98aa9067b8a8d2653643d539a1b1eea-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud98aa9067b8a8d2653643d539a1b1eea:after { content: ""; display: block; clear: both; } READ: Drug Legalization In America EssayKeats moves from his awareness of his own mortality in the precedingstanza to the perception of the birds immortality. On a literal level, hisperception is wrong; this bird will die. On another level, he is suggestingthat the nightingale is a symbol of the continuity of nature. AForlorn and perilous would not ordinarily be associated withmagic/enchantment. These words hint at the pain the poet recognized in thebeginning of the poem and that which he is trying to escape. The poet repeats the word forlorn from the end of the seventhstanza; Keats is now forlorn, as thinking of the world has brought him backinto the real world. He describes the word forlorn as a bell, and each wordfrom the very to sole self has one syllable, and when read sounds verymuch like the tolling of a bell. In lines 2 and 3 or this stanza, the poetsays that fancy (his imagination) has cheated him, as has the elf (thenightingale). The bird has ceased to be a symbol and is again the actualbird the poet heard in the first stanza. Keats, like the nightingale, hasreturned to the real world. The birds song becomes a plaintive anthemand gets fainter as it flies away, which is Keats examining the idea ofpermanence through art, and art being beauty. If the bird flies away, thesong will leave too. The song dying is the last of the death imagesrunning through the poem. With the last two lines of the ode, Keats wonders whether he has hada true experience or whether he has been daydreaming. He is bothquestioning the validity of the experience, and expressing his inability tomaintain a true vision for a long time. This is another time where heexamines the permanence of things in art and the imagination. Is hisexperience a false vision, or is it a true experience of insight into thenature of reality?