vicki hearne vs peter singer comparison essay - 782 Words

A quick comparison to Vicki Hearne’s â€Å"What’s Wrong with Animal Rights?† to Peter Singer’s â€Å"Speciesism and Moral Status†, might indicate Hearne’s argument is stronger due to her strategic and effective use of emotional appeals (i.e. pathos). These appeals allow Hearne to connect quickly and easily with her audience. Hearne is also quite clever in terms of stressing her occupation as an animal trainer. However, after a swift comparison of the two articles, it is evident that Singer’s â€Å"Speciesism and Moral Status† offers readers a stronger and more valid argument. Both Singer and Hearne are arguing their position on animal rights and the extent of human involvement. Since Hearne’s article is primarily based on her attempt to persuade her†¦show more content†¦She even goes to label the Humane Society the pound, the place with the decompression chamber or the lethal injections.† (61) as she attemp ts to influence the readers emotional side. In â€Å"Speciesism and Moral Status†, Peter Singers argument is that when it comes to the value of life, we should not discriminate in regards to species, and cognitive ability should play some role in moral status. In comparison to humans with â€Å"profound mental disabilities† (Singer 569), the use of the gorilla Koko’s higher IQ score, not needing constant supervision, or border collies being able to provide useful work to society, serves as a strong logos appeal regarding the relationship between cognitive ability and moral status. Singer is effectively able to support his claims by continuously referencing respected philosophers and individuals such as Immanuel Kant, Jeremy Bentham, and even Pope John Paul II. Validity and integrity are very much solidified in Singers article with the use of counter arguments as well as alternate views to his own arguments. The structure and information Singer provides is clear and organized, and does not leave his audien ce confused due to the strong use of factual, relevant support of his argument. In Vicki Hearne’s article, some may agree with the argument she makes as her pathos appeal may be sufficient in engaging with the

A Child Called It . Dave Pelzer Is the Survivor - 1608 Words

A Child Called It. Dave Pelzer is the survivor of the third worst case of child abuse in California s history. Dave grew up with his two brothers and two parents. Catherine, Dave s mother, loved to cook exotic meals for her family and decorate their home in creative and imaginative ways each holiday season. She was full of energy, often taking her kids on tours of downtown San Francisco while her husband was at work as a fire fighter, exposing them to Golden Gate Park and Chinatown. Once, while on a family camping trip, young Dave was watching the sunset when he felt his mother embrace him from behind and watch the sunset with him over his shoulder. I never felt as safe and warm as at that moment in time, he recalls. But then,†¦show more content†¦Sadly, there are millions or children from around the world who encounter some form abuse. The abuse Dave encounter was physical, emotional abuse, and neglect from his mother. It is currently believed that factors that may increase the likelihood of developing antisocial behavior are child abuse and having an alcoholic parent. These factors are considered to be independent of each other, but may also be interactive in their effect on behavioral development (Pollock). Child abuse consists of acts that endanger a child s physical and emotional development. Physical abuse is defined as non accidental injury to a child, includes burns, cuts, bruises, hitting, whipping, throwing, having anti-social behavior, or having fear of adults. Emotional abuse is attitude or behavior that interacts with a child s mental health. This includes yelling, depression, name-calling, and lack of affection. Neglect is failure to provide for a child s physical needs, which includes extreme hunger, lack of supervision, abandonment, and denial of medical attention. Children of Alcoholics (COAs) refer to children living in families where a parent abuse alcohol, dependence, and addiction is present. COAs have different life experience than children in non alcoholic families. Which contribute to the fact that living with an alcoholic can cause stress for members in the family Statistics show that eighteen percent of children live with anShow MoreRelatedDave Pelzer - a Child Called It2120 Words   |  9 PagesThere is much to admire about Dave Pelzer. He proudly served his country during Desert Storm, and has received commendations from Presidents Reagan, Bush the First, and Clinton for his work as a motivational speaker. His other honors include being named Californias Volunteer of the Year in 1990, one of 1993s Ten Outstanding Young Americans, and one of the Outstanding Young Persons of the World for 1994. In addition, he is a best-selling author and a loving husband and father. Thats a lofty setRead MoreA Child Called It Essay1548 Words   |  7 PagesA Child Called It. Dave Pelzer is the survivor of the third worst case of child abuse in Californias history. Dave grew up with his two brothers and two parents. Catherine, Daves mother, loved to cook exotic meals for her family and decorate their home in creative and imaginative ways each holiday season. She was full of energy, often taking her kids on tours of downtown San Francisco while her husband was at work as a fire fighter, exposing them to Golden Gate Park and Chinatown. Once, whileRead MoreChild Maltreatment And Its Effects On Children1640 Words   |  7 Pagesand communication ability. Child abuse and neglect are problems that are happening to children all across the world. David Pelzer, author of the autobiographic book A Child Called It, was an American child who experienced child abuse and is still feelings its effects to this very day. His mother committed audacious acts against him. He was lucky enough to be rescued at the age of twelve. Parts of his story will be mentioned with the c orrelating information presented. Child maltreatment is a very seriousRead MoreAnalysis Of The Book David Pelzer 1832 Words   |  8 Pages David Pelzer, in the beginning of the book, seems to come from the all American family. Mother, father and two brothers take family vacations together, watch cartoons on sunday mornings and eat dinner every night at the time. However, what goes on inside of a home is a lot different from how a home looks on the outside. David is always the one to receive his mothers punishment while his siblings and father watch. The punishments started out as harsh and soon turned to frightenly violent. David triesRead MoreDave Pelzer s A Child Called It2095 Words   |  9 PagesDave Pelzer was born in San Francisco, California in 1960. At 18 years old he enlisted in the Air Force, serving during Desert Storm. He is a successful motivational speaker, voted 1990s California Volunteer of the year, top ten young Americans in 1993 and 1994, recognized by three presidents and surprisingly an abuse survivor. Dave’s mother was a struggling alcoholic and forced Dave into eight years of physical, psychological, and emotional abuse. For years both his father and various adults inRead MoreA Child Called It By Dave Pelzer1845 Words   |  8 Pagesdescribed within the book A Child Called â€Å"It† written by Dave Pelzer. Although there is an overabundance of examples of abuse, neglect and maltreatment given in this book, the support listed is narrowed down to give the best samples of why a reader may feel these specific situations occurred. Each segment will be discussed and explained fully so that the reader is able to grasp why each specific reference was selected. III. Family Experiences In the beginning of the text Dave speaks about his mom, he

The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd Free Essays

string(230) " in the contract without resort to any implied terms: â€Å"This makes it unnecessary in my judgement for DTVAL to rely upon an implied term that BMIB would operate the aircraft in a way that was reasonable in all the circumstances\." â€Å"The case of Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 illustrates how the court must tread a very fine line, when determining whether or not an agreement has sufficiently certain terms to be enforceable. With reference to key cases and academic commentary, critically discuss this statement.† Introduction Contract law abhors uncertainty and it is a well-accepted rule of commercial law that for an agreement to be enforceable its terms must be sufficiently certain and complete for the courts to elicit the meaning of an agreement[1] . We will write a custom essay sample on The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd or any similar topic only for you Order Now Both vagueness[2] and incompleteness[3] disable an agreement from being binding and will often, unless the court makes use of remedial measures to, inter alia, imply reasonable meaning into the contract or clarify the meaning of a word, be fatal to the contract as a whole[4]. The classic case which is usually cited to demonstrate this principle is G Scammell Nephew Ltd v Ouston[5] where an agreement which provided for the acquisition of goods â€Å"on hire-purchase† was so vague as to prompt Viscount Maugham to observe that: â€Å"it is impossible to conclude that a binding agreement has been established†[6]. The tension between finding a contract to be uncertain and attempting to satisfy the settled will of parties to an agreement and encourage commerce without undue restriction has led Professor Macneil to warn that the quest to identify settled principles in this area of contract law is but a â€Å"fool’s errand†[7]. Cases in this area, as Ewen McKend rick rightfully observes, are dependent on their facts and the courts are chiefly concerned with whether there is a sufficiency of evidence to justify a conclusion that a settled and binding agreement has indeed been concluded[8]. Unsurprisingly perhaps English courts have been criticised as being unduly restrictive which makes the judgement in Durham Tees Valley Airport Ltd v BMI Baby Ltd[9] a notable and welcome decision as it goes against the grain of the perception of English contract law by overturning on appeal a decision of Davis J in the Chancery court which held that a contract which imposed an obligation on BMI Baby to base and fly aircraft from an airport but which was unclear about the objective criteria relating to the performance of that obligation regarding passenger numbers was incapable of having a term implied and therefore was struck down[10]. The Court of Appeal allowed the appeal and unanimously found in favour of allowing the contract to stand: the judge at first instance had erred in construing the contract as being void for uncertainty[11]. This essay will critically discuss the above statement by examining the case itself in detail in part 1 before embarking upon a discussion of the ba lancing act involved in resolving uncertainty in contractual terms in part 2. The statement is justified in asserting that such cases as the instant one require a delicate balancing act and this observation is validated by the case law[12]. Part 1: The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd 1.1 Facts of the case and terms of the contract The brief facts are that an agreement was concluded between Durham Tees Valley Airport (hereafter DTVA) and British Midland Regional Limited (hereafter BMRL) in April 2003 which provided for BMRL to provide two B737 aircraft to operate exclusively from DTVA for a period of ten years[13]. This agreement was subsequently transferred to BMI Baby by virtue of a Novation and Variation Agreement (NVA) executed on 23 December 2005. As Lord Justice Patten, who delivered the leading judgement, observes â€Å"both sides accept that the Base agreement created a binding contract but they differ on how it should be construed†[14]. The defendants contended that the agreement granted them a right without an obligation while the airport argued that the agreement constituted a continuing obligation. The decision at first instance, delivered by Davis J, proceeded, without any notable discussion, on the assumption that the contract was unenforceable due to uncertainty[15]. The bulk of the first instance judgement was concerned with the attempt to imply a term into the NVA agreement to hold the contract to be enforceable and thus hold BMI Baby to the obligation[16]. As Treitel observes the court has a discretion as to whether or not a term can be implied into a contract using the standard of reasonableness[17]. Judge Davis pointed out that the NVA lacked any specification as to the number of flights required and as Lord Justice Patten points out, â€Å"it is this which is said to be fatal to its enforceability†[18]. A leading case in the area of implied terms under the standard of reasonableness is Hillas Co Ltd v Arcos where the timber sold was said, ambiguously, to be of â€Å"fair specification†. This is a typical example of terms which come to the very heart of a contract[19] being expressed in vague or uncertain ways and requiring the construction of the court to crystallise an obligation. Lord Justice Patten fundamentally disagreed with the first instance judge at this stage, arguing that it â€Å"was wrong to regard the addition of a term as to the minimum number of flights as being necessary for the enforceability of the NVA†[20]. The judge had thus proceeded on an assumption of uncertainty and then attempted to imply a term into the NVA agreement which, mistakenly, he thought had a material bearing on the enforceability of the contract[21]. The key elements of the contract were obviously in place and both parties considered that a binding contract was in place despite their differing interpretations. The real question, as Lord Justice Patten correctly identifies, is whether or not the airline was in fact flying its aircraft not the number of flights[22]. Upon this analysis BMI Baby had fulfilled the obligation and thus they could be held accountable: â€Å"BMIB is not required to do the impossible† as Lord Patten concluded[23]. His lordship found suf ficient evidence that certainty existed in the contract without resort to any implied terms: â€Å"This makes it unnecessary in my judgement for DTVAL to rely upon an implied term that BMIB would operate the aircraft in a way that was reasonable in all the circumstances. The NVA includes sufficient terms to enable the court to determine whether BMIB’s obligations have been broken.†[24] Part 2: Discussion of the case 2.1 A balancing act The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd[25] is a good illustration of the fine balancing act which must be undertaken in cases which attempt to resolve the uncertainty of contractual terms in terms of sufficiency. At the most general level there is a clear tension between the certainty rule and the reluctance of courts to strike down legally enforceable agreements. Striking a balance between these two opposites is difficult and has obvious implications not only for individual agreements but indeed the sanctity of contract in society. Lord Wright in Hillas Co Ltd v Arcos Ltd observed: â€Å"Businessmen often record the most important agreements in crude and summary fashion; modes of expression sufficient and clear to them in the course of their business may appear to those unfamiliar with the business far from complete or precise. It is accordingly the duty of the court to construe such documents fairly and broadly, without being too astute or subtle in finding defects†.[26] These comments were endorsed recently in Scammell v Dicker[27] where Rix LJ emphasised that for a contract to be void for uncertainty the bar should be set very high: â€Å"For to occur – and it very rarely occurs – it has to be legally or practically impossible to give to the parties agreement any sensible content†[28]. On a more specific level the court, when dealing with a question such as in the instance case, must first address whether the terms of the contract are enforceable or not. The price, quality and quantity, as Lord Patten has identified, are key measures of a contract where objective criteria exist[29]. Each case evidently turns on its facts and there is a lot of gray area here which underlines just how fine the balancing exercise is. The answer to the question of just what is necessary for a contract’s enforceability appears to be inextricably linked with what would constitute a breach of contract. In the instant case the minimum number of flights was something which was within the discretion of BMI Baby and so not something which compromised the terms of the contract concerning the aircraft’s â€Å"operation†. There are some features of the instant case which render it particularly problematic: the length of the contract and the â€Å"degree of discretion given to the airline†[30]. However, Lord Justice Toulson observes that it is not impossible to imagine facts on the borderline which would have rendered the case even more difficult[31]. Conclusion In conclusion the statement to be discussed is correct in identifying that the decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd[32] is an apt illustration of the fine line which must be negotiated in deciding whether an agreement has sufficiently certain terms to be enforceable. As noted above there is a tension between allowing commercial agreements to stand and finding them void for lack of certainty. The court in Hillas Co Ltd v Arcos Ltd[33] emphasises the duty the courts have in allowing business agreements sometimes hastily drawn up to stand without being too clever with syntax. Each case turns upon its facts and there clearly can be cases which would stretch the balancing act even further than the instant case. As it stands the judge at first instance fell victim to the subtleties of this area of law and misinterpreted a term of the NVA contract which was within the discretion of BMI Baby. The Court of Appeal thus overturned his decision and made a decision of princ ipal which demonstrates that Professor Macneil’s observations may not be as accurate as previously thought[34]. Bibliography 1.0 Journals Lawrence, Mark (2010) ‘Grounded obligations’ New Law Journal 160(7421), 837-838 2.0 Books Macneil, Ian (2001) ‘Biographical Statement’ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London Mckendrick, Ewan (2005) Contract Law: Text, Cases and Materials Oxford Uni Press: Oxford at p.148 Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 3.0 Cases Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 Durham Tees Valley Airport Ltd v BMI Baby Ltd [2009] EWHC 852 Hillas Co Ltd v Arcos Ltd (1932) 147 LT 503 Perry v Suffields Limited [1916] 2 CH 187 Scammel and Nephew Ltd v Ouston [1941] AC 251 Scammell v Dicker EWCA Civ 405 [1] Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 [2] Scammel and Nephew Ltd v Ouston [1941] AC 251 House of Lords [3] Perry v Suffields Limited [1916] 2 CH 187 [4] Chitty, Joseph (2008) Chitty on Contracts Thomson Reuters: London at p.223 para 2-139 [5] [1941] AC 251 [6] Scammel and Nephew Ltd v Ouston [1941] AC 251 per Viscount Maugham at p.257 [7] Macneil, Ian (2001) ‘Biographical Statement’ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London [8] Mckendrick, Ewan (2005) Contract Law: Text, Cases and Materials Oxford Uni Press: Oxford at p.148 [9] [2010] EWCA Civ 485 [10] [2009] EWHC 852 [11] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 [12] Hillas Co Ltd v Arcos Ltd (1932) 147 LT 503 [13] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 11 [14] Ibid at para 11 [15] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 46 [16] Lawrence, Mark (2010) ‘Grounded obligations’ New Law Journal 160(7421), 837-838 [17] Treitel, G.H. (2007) The Law of Contract Sweet Maxwell: London at p.52 [18] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 57 [19] Such as quantity, quality or price [20] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 59 [21] The number of flights was something which was for the discretion of the airline; [22] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Patten at para 59 [23] Ibid [24] Ibid at para 61 [25] [2010] EWCA Civ 485 [26] Hillas Co Ltd v Arcos Ltd(1932) 147 LT 503 per Lord Wright at p.504 [27] EWCA Civ 405 [28] Ibid at para 30 per Rix LJ [29] Lord Justice Patten gives the example of a tenancy agreement under which the tenant agrees to pay a reasonable rent [30] Durham Tees Valley Airport Ltd v BMI Baby Ltd [2010] EWCA Civ 485 per Lord Justice Toulson at para 91 [31] Ibid at para 90 [32] [2010] EWCA Civ 485 [33] (1932) 147 LT 503 [34] Macneil, Ian (2001) ‘Biographical Statement’ in D Campbell (ed) The Relational Theory of Contract: Selected Works of Ian Macneil Sweet Maxwell: London How to cite The decision in Durham Tees Valley Airport Ltd v BMI Baby Ltd, Essay examples

Media As Brands Essay Example For Students

Media As Brands Essay CW2 Media Audiences U0103755 Deadline 9th MayCan media texts be seen as brands that express identity? Discuss with reference to the following: FHM. In this essay I will firstly introduce the magazine iam discussing, and talk about ideas of representations and gender in their issues, and also how it in effect they market themselves as a brand that articulates identity. FHM magazine stands for For Him Magazine; its core target audience is males 25-35. The magazine is produced monthly at the cost of 3.40 per issue. FHM is now on global release as it publishes 27 different editions around the world in every continent, each with its own unique content. The UK version sells approximately 600,000 copies per month making it one of the most popular magazines in the country. For their company Emap under an umbrella of 58 magazines it is the most popular. (Figures from Emap website)Its content varies inside as it is essentially seen as a lifestyle magazine. Every month it has recurring themes of reviews and articles centrally focused around the opposite sex and hobbies the magazine assumes the audience has. A way we can look at the notion of identity is through representations given through the magazine. Since the magazines are aimed at men, we can assume that the magazine has underlying issues about gender. Therefore FHM would like to express itself through masculinity to create a meaningful link to its audience. In the following I will show how different men and women magazines are completely differe nt in content and identity. Contemporary ideas of masculinity and femininity will be different to those of previous generations. Current themes may be stereotypical but to study it using binary oppositions gives it greater meaning; men are seen as masculine, dominant, strong, aggressive, intelligent, rational, and active. Whilst women are the opposed, they are feminine, submissive, weak, intuitive, emotional and communicative. As well as theses factors men and women are also seen to like different things, men like cars, technology, getting drunk and having casual sex with strangers whilst women like shopping, make-up, social drinking with friends, and having committed relationships. However, it is also clear that these lists are not truly representative of what men and women are really like. You all probably know a woman who likes cars and can be aggressive or a man who doesnt drink and cries at weepy romantic comedies. These stereotypes exist, to a certain extent, because they are easier than getting to know e very man and women they would like to know. Advertisers are especially prone to using stereotypes to sell products for the same reason. They assume that all women or men are similar to make targeting audiences a simpler process. We can use advertising as a starting point when considering representations of gender in lifestyle magazines. By looking at some of the adverts it is clear to see how gender stereotypes are employed and maintained by advertisers. Using stereotypes of men and women, men should drink beer followed by spirit chasers whilst women lightly sip on wine. Following the notion that men are hard and women are soft it can be seen that the alcohol adverts in certain lifestyle magazines use this to advertise their products. In FHM, they feature an advert for Jack Daniels whiskey with the line the invite said bring a friend. The image features no people, just a close up of a bottle of Jack Daniels and a glass of ice. The friend in this case is an alcoholic drink. The adver t may be suggesting that men see alcohol as a replacement for real people, or that men prefer drinking to socialising. In comparison, the womens magazines focus on the potential for alcoholic drinks to bring people together and ease social interactions. Marie Claire feature an advert for the liqueur Disaronno which includes the tag line share the square and an image of an attractive man and women both holding the same glass tumbler, their fingers touching. This emphasises the idea that feminine gender roles require friendliness, closeness and the ability to communicate. A much clearer and less confused image of gender can be seen by looking at cigarette advertising in these magazines. Although women are apparently allowed to drink with the males they are certainly portrayed as not allowed smoking with them. FHM included a Marlboro adverts with the line Welcome to Marlboro country. The FHM adverts featured an image of a deserted, outdated petrol station in the middle of an expansive flat landscape. Like the Jack Daniels campaign, it shows masculinity to be about solitude. In direct comparison there are no adverts for cigarettes in any of the womens magazines I looked in. In fact, both Glamour and Cosmopolitan included adverts for Nicorette showing a woman in a bathroom attacking an oversized cigarette with her scales. This advert is clearly intended just for the female audience and focuses upon things seen as important to the target audience, namely their weight. Technology's Effect on the Acquisition of Knowledg EssayMy conclusion is that in order to successfully study gender generalisations need to be made about people who are all different individuals. In the case of gender in lifestyle magazines we can conclude that magazines target their audience correctly according to gender in order to appeal to a specific audience that is still varied enough to make high sales, to carry on its continued readership and to attract certain advertisers by being able to guarantees a certain type of reader. In doing this the magazines are using gender stereotypes but also perpetuating them. So are magazines creating or just merely representing identity? Recently FHM has also begun launching events where they are sponsors. A recent event took place at Oxford Circus Topman where they had a FHM day where they focused on getting better dressed. It was a promotional day where FHM itself confirmed their brand status. Since Topman is Europes biggest mens retail store, they hired it out for the duration of a whole day. They had many attractions as well as the clothes feature. They also had new technology testing, massaging, tasting of alcohol and everything else they magazine stands for. By doing this it influences peoples choices and decisions regarding their lifestyle, by doing so it alters peoples identity. So was this just an identity building process or did it happen because there was demand? I finish with a quote from Hermann Bausinger who talks about how the new media sphere has evolved, Technology has long since been integrated into the everyday. Tools themselves are distinguished by the fact that they rapidly take on the character of artificial limbs (1995: 537). Brands are now extensions of our bodies. Sources used:FHM January 2004 FHM March 2005Marie Claire January 2004Bausinger, H. (1995) Media, Technology and Daily Life. London: Edward Arnold. Hall, S. (1997) Cultural Representaions and Signifying Practices. London: SageHermes, J. (1995) Reading Womens Magazines. Cambridge: Polity Press