The Liability of the Manufacturers and Their Conduct in Case of Essay

The Liability of the Manufacturers and Their Conduct in Case of Accidents - Essay Example Courts have considered on a case to case basis the liability of the manufacturers and their conduct in case of accidents. For instance, in the case of Messina v. Clark Equipment, 263 F.2d 291, C.A.2 1959, the Court dismissed the appeal in an action against the manufacturer of the earth mover in order to recover for machine operator’s death. In this case, the machine operator was killed while he was raising the scissor arms and bucket, and they had shut off the motor, and while doing this, he was actually getting out of cab when bucket fell causing him to be crushed between the scissor arms and the cab (Messina v. Clark Equipment 291). The Court dismissed the appeal because there was an absence of showing that there was indeed a hidden defect or concealed danger in earth mover (Messina v. Clark Equipment 291). It reasoned that under the New York law, a manufacturer has no duty to a remote user beyond the duty to keep the article of manufacture free from hidden defects or danger s (Messina v. Clark Equipment 291). Thus, if a remote user such as in this case, sues a manufacturer of an article for injuries suffered, he must allege and prove the existence of a latent defect or a danger not known to plaintiff or other users (Messina v. Clark Equipment 291). Citing the case of Campo v. Schofield, 301 N.Y. 468, 95 N.E.2d 802 (1950), the Court explained that, â€Å"If a manufacturer does everything necessary to make the machine function properly for the purpose for which it is designed, if the machine is without any latent defect, and if its functioning creates no danger or peril that is not known to the user, then the manufacturer has satisfied the law's demands.†

Occupy Wall Street Movement Assignment Example | Topics and Well Written Essays - 1500 words - 2

Occupy Wall Street Movement - Assignment Example Thus, it can broadly be stated that all the aforementioned issues ultimately paved the way towards the emergence of this particular movement (Kim, 2011). The paper intends to analyze the moral as well as the economic implications involved in the movement. Various aspects such as the analysis of the identified implications against the Kantian, utilitarian as well as virtue ethics and the determination of the individuals or entities liable for income disparity along with inappropriate wealth distribution particularly in the US will be taken into concern. Besides, a suggestion regarding an equitable outcome from the movement that would be appropriate for capitalistic society and the prediction concerning whether the movement will continue, fad away or turn into another perspective will also be discussed in the paper. The moral implications that have been involved in the movement i.e. Occupy Wall Street movement contain numerous important aspects that include the contemplation of individual responsibility instead of moral responsibility and predominance of self-interest. With regard to the moral implications, the movement has been viewed to remain significantly focused upon determining the role of hierarchical authorities that is based upon wealth or different sources of power. In accordance with the viewpoints of the protestors of the movement, the role of any government is to safeguard as well as to empower every citizen of a nation through enhancing different avenues of growth. In this similar context, the areas include health as well as education, transportation, public infrastructure, trade policies, art and culture, scientific research, public lands, and resources. It has been viewed that the movement relating to moral implications has been based upon certain moral guidelines.

Explain the impact of relevant legislations Essay Example for Free

Explain the impact of relevant legislations Essay In this task I will explain the impact of relevant legislations / regulations on two types of employment contract of the company New Forrest logistics as well as analyse the impact of the legislation of the two contracts of the company. Contract 1 The key contrasting differences between the two contracts in question is that contract 1 the job title is for a secretary. Its hours of work are stated as 16 hours a week. Which means that it is part time temporary employment? While a member of time is on maternity leave. The employ will be required to be flexible with regard to the hours as he and she will work in accordance to the employers needs. The employee will be paid on an hourly basis. Being a temporary position, no pension scheme will be available to the employee. The employee will be required to complete a monthly signed timesheet as a record of the employees work schedule. No payments will be made for any unused holiday. In case of sickness for more than 3 days, in order to be entitled to statutory sick pay, the employee will need to provide a sick note, further if the employee wishes to leave before the end date he or she will need to provide a weeks’ notice. The employer two will provide the employee with one weeks’ notice of termination before the end date given in the contract, or else he has offered his/her basic salary in lieu of notice. However no notice will be provided to the employee in case of dismissal. With regard to disciplinary procedures, in case of serious problems, the employee will either be given verbal warning which will be recorded in his or her personal file (for a period of normally 6 months) or a first written warning will be given which will also be recorded in your personal file. This could then if need arose be followed by a final warning which would also be recorded in your personal file. Contract 2 The key points in contract 2 which differ from contract 1 are the job title which is that of a Personal assistant to the Managing directors. It in contrast to contract 1, it is fulltime appointment with the hours of work being 35 hours a week. The employee will be paid a salary which will be subject to revision from time to time. This job title also includes a probationary period of 3 months from the start date. As regards time keeping, it differs in that there is no need to sign in and the employee is required to have a responsible attitude towards keeping time. In contract 2 unlike contract 1, the employee is entitled to full annual holiday entitlement of 28 days exclusive of bank holidays. With regard to sickness, in contract 2 the employee will be entitled to a contractual pay for the first 6 months of any period of sickness. However the employee will need to complete a self certification form if ill for 7 days or less. If sick or 8 days or more than a medical certificate needs to obtained from the doctor. The employee in contract 2 is entitled to maternity or paternity leave. The employee will also be entitled to participate in any pension scheme operated by the company. The retirement age is stated to be 65 years. With regard to confidential information the key difference is that employee is not authorised to disclose any confidential information related to companies business affairs irrespective whether he resigns or is dismissed. Regarding Notice, the employee is entitled to one weeks’ notice after 4 week of employment. A copy of the companies’ grievance procedure is contained in the staff handbook and even the companies disciplinary and dismissal procedures are also contained within the staff handbook. The employee is required to take steps as are reasonably practicable to ensure the health and safety of him/her and others affected by his or her work. The employee also needs to have knowledge of fire regulations and necessary precautions. The organisation is an equal opportunity employer, thus no employee can be discriminated against on any grounds. Wage salary Contract 1: The wages for the Jobsite will be  £9.50 an hour before national insurance contributions and tax deductions. Contract 2: the employee’s salary is  £26,000 as stated in the appointment letter. This will be subject to revision from time to time. The employee will be paid monthly. According to law the main wage rate is  £6.19. Therefore it is essential for new Forrest logistics to have knowledge and awareness of different pay rates and confirm to them. Now I shall analyse the impact of the national minimum wages act 1998 on the 2 employment contracts of the company New Forrest logistics. This act is an important piece of legislation that the company is advised to follow very closely. This act sets the minimum wage levels an employee is entitled to per hour in accordance with the age group the employee falls under. The current wage of those falling under the group of 21 and above is  £6.08 and that falling under the group of 18 to 20 is equal  £4.98. This legislation will obviously have an impact on both the contracts of employment drawn by New Forrest logistics as they will have to state in the contract what wages they will pay the concerned employees. Thus they will need to ensure that they abide by the act and pay the employees the correct wages in accordance with the age group. If they violate the legislation, they will be liable legal action. Grievance procedure Contract 1: The employee will be required to comply with the grievance procedures which will be detailed in the staff hand book. Contract 2: it is stated in the contract that the employees are expected to comply with the companies’ grievance procedures, a copy of which is contained the staff handbook. The law states that if the employee is not satisfied with the decision, he or she has a right of appeal. Thus NFL needs to be aware of this in case it runs into problems. More over it is also necessary that all employees are thorough knowledge of the grievance procedure. The grievance procedure is another legislation that will impact both of these contracts. The main impact that it will have on the both the contracts is that by law the organisation will be bound to give a clear detailed grievance procedures to the employees through the staff handbook and staff intranet. Furthermore the employer will also need to be aware that if the employee is not satisfied with the decision he or she has the right to appeal and if correct remedial action is still not taken, he or she can refer the case to an employment tribunal. This legislation ensures that all procedures including appeals against grievance decision or appeals against a disciplinary or dismissal decision are clearly detailed in the staff handbook. Both the contacts abide and comply with the legislation. Holiday entitlement Contract 1: it is clearly stated in the contract that the holiday year is from 1st January to 31 December. It is also stated that payments will not be made for any unused holiday. It is further stated that any holidays must be agreed with the employer at least four weeks in advance and lastly should the employee exceed his or her holiday entitlement, it will be deducted from the final pay packet. Contract 2: also states that the holiday year runs from first January to 31 December. The employees’ full annual entitlement of 28 days exclusive of bank holidays is also clearly stated therein. It also states that all holidays must be in agreement with the company and lastly except in exceptional circumstances no more than two weeks holiday entitlement maybe taken at any one time. Health and safety Contract 1: there is no mention of health and safety in the contract. Contract 2: employees are reminded that they are responsible for observing and complying with all health and safety rules and to work at promoting health and safety at work not only for themselves but also for their fellow employees. NFL is duty bound to ensure that they comply with all health and safety rules within the workplace and to place total importance on the health and safety and the welfare of employees at work. NFL also needs to follow the health and safety act at work 1974. If NFL does not do so appropriately then they are able liable to criminal prosecution. Therefore NFL needs to put all procedures and policies in place in order to ensure that employees follow them carefully and remain safe. Maternity and paternity Contract 1: There is no mention of Maternity or Paternity in this contract. Contract 2: this contract states that an employee who is pregnant has the right to the time off with pay. The right to Paternity is set out in the Paternity and Adoption Leave Regulation 2002. The right applies to those individuals who share a sufficiently close relationship to the child or its mother. The law states that if an employee is pregnant or adopting a child she could be entitled to 56 days leave and her partner could be entitled to 2 weeks paternity leave. NFL will need to comply with this legislation. The impact of this law will be that if a man /women take this leave, they are legally entitled to their previous job role upon their return failing which she or he can appeal against the unfair dismissal in accordance with the unfair dismissal act. Confidentiality Contract 1: Information relating to the employer, the employer’s family and the employers domestic or personal circumstances is strictly confidential Contract 2: You must not disclose any confidential information relating to the business affairs of the company during your period of employment or even after you have either resigned or been dismissed. The Data Protection Act 1998 states and controls how you use the information of others with regard to businesses or the government. NFL too needs to abide by this act and to inform employees of their responsibilities in this regard. The impact of the law for this legislation for NFL is that they must ensure that all information is kept strictly confidential. Disciplinary Procedure Contract 1: Minor problems will be dealt with and resolved informally. In case of serious problems, first a verbal warning will be given and then it could be followed by a first written warning and if need still arose then a final warning could be issued after which further misconduct could lead to dismissal. Contract 2: disciplinary procedure can be found in the staff handbook, you do have the right to appeal against a disciplinary or dismissal decision, the procedure for which is detailed in the disciplinary and dismissal procedures. The impact of this legislation is that NFL needs to make sure in case of dismissal of an employee that all disciplinary and dismissal procedures have been duly observed and complied with. Termination of contract Contract 1: you will be provided with one weeks’ notice of termination before the end date given in this contract. You are required to give the employers one week’s notice should you wish to terminate your employment before the end date. Contract 2: the company will give a minimum of one day notice of termination for up to four weeks service. After 4 weeks employment you are entitled to receive one weeks’ notice increasing to two weeks after 2 years continuous service. There after you will be entitled to receive a further week’s notice for each additional year’s service up to a maximum of 12 weeks after the 12 or more year’s service. Should the employee leave, then he or she is required to give the company one months notice. The law states that termination rights are dependent on individual contracts. So NFL need to be aware of different offers stated in contracts. The impact of this is that NFL cannot dismiss an employee unfairly. Sick leave Contract 1: the employee will be required to inform the employer at the earliest of any sick leave. The employee will be entitled to statutory sick pay on production of an employee’s statement of sickness form for sick leave of more than 3 days. Contract 2: the employee is entitled to his or her contractual pay for the first 6 months of any period of sickness. The law states that you are entitled to sick pay depending on your contract of employment. This will vary from job to job. However any business cannot offer you less than you are entitled to through your statutory sick pay. NFL need to take into consideration the law on sick pay and keeping abide by it , keeping in mind the individual contracts.

The Perceptions Of Sexual Health Services Young People Essay

The Perceptions Of Sexual Health Services Young People Essay Objective: To investigate young peoples perceptions of sexual health services that they demand and sex education provided children. Design: Questionnaires based on open-ended questions. Setting: 30 young people (aged 19-21 years) surveyed at Anglia Ruskin University. Method: I interviewed young people using the questionnaires. Results: 80% young people think that Confidentiality and Friendly atmosphere and staffs easy to talk to are the important factors, when they ask someone sexual questions. On the other hand, they dont think that general advice about sexual health and other health matters is important factors. Also, they think that children should be taught different sexual health educations, such as How to say no to sex, Contraception, and Sexuality, Religious and Morality, at around 13 years old at school. Conclusion: I identified that young peoples demands towards sexual health services are comfortable atmosphere and reliable staffs, not sexual health knowledge and counsellors advice itself. Also, I felt that young peoples versions of the proper ages that children should learn each sex education are almost the same as that of general Japanese through this study. [Definition] The  World Health Organisation (WHO)  define sexual health as Sexual health is a state of physical, emotional, mental and social well-being in relation to sexuality; it is not merely the absence of disease, dysfunction or infirmity. Sexual health requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free of coercion, discrimination and violence. For sexual health to be attained and maintained, the sexual rights of all persons must be respected, protected and fulfilled. (1) According to AVERT which is an international AIDS charity define sex education as Sex education, which is sometimes called sexuality education or sex and relationships education, is the process of acquiring information and forming attitudes and beliefs about  sex, sexual identity, relationships and intimacy. Sex education is also about developing young peoples skills so that they make informed choices about their behaviour, and feel confident and competent about acting on these choices. It is widely accepted that young people have a right to sex education. This is because it is a means by which they are helped to protect themselves against abuse, exploitation, unintended pregnancies,  sexually transmitted diseases  and  HIV  and  AIDS. It is also argued that providing sex education helps to meet young peoples rights to information about matters that affect them, their right to have their needs met and to help them enjoy their sexuality and the relationships that they form. (2) [Introduction] Nowadays, the attentions on sexual health services and sex education towards young people have been increasing, because there are facts that the concept of sexually transmitted diseases, such as AIDS, Chlamydia, and Syphilis, has become more familiar to young people, and the number of unwanted pregnancies is increasing. Governments and organisations try to deal with the problems through providing places where people can learn sex education, or establishing special institutions providing sexual health services. In fact, there is The Sydney Sexual Health Centre in Sydney, Australia. They state on their site, The Sydney Sexual Health Centre provides a confidential and comprehensive service that helps put you in control of your sexual health. We do this by providing screening, vaccination and management of sexually transmissible infections (STIs) including HIV, hepatitis B, hepatitis C, womens and mens sexual health care, education, individual and couple counselling, and needle and syringe program. The service is free and a Medicare card is not required. (3) They supply people with knowledge, advice, and testing for different sexually transmitted diseases for free. As a matter of course, there are many similar institutions in the UK, and such sexual health services are provided by National Health Service in each area. According to AVERT, the purpose of sex education is the following. Sex education aims to reduce the risks of potentially negative outcomes from sexual behaviour, such as unwanted or unplanned pregnancies and infection with sexually transmitted diseases including HIV. It also aims to contribute to young peoples positive experience of their sexuality by enhancing the quality of their relationships and their ability to make informed decisions over their lifetime. Sex education that works, by which we mean that it is effective, is sex education that contributes to both these aims thus helping young people to be safe and enjoy their sexuality. (2) I think that the supplies of sexual health services and sex education to young people are important for their health and future, so I decided to investigate whether they were taught about sex education at their school or not, and what images young people in Cambridge have regarding it. [Method] I created questionnaires which are consisted of open-ended questions, and those questionnaires are based on questionnaires designed by C Reeves, R Whitaker, R K Parsonage, C A Robinson, K Swale, L Bayley in their research paper, Sexual health services and education: Young peoples experiences and preferences. (4) I asked respondents to comment on services they expect counsellors or facilities providing sexual health services, and the right ages that children should be taught sexual relationship education at school. I interviewed 30 young people at Anglia Ruskin University. I tabulated the data, and I assessed the differences between groups. [Results] Young peoples demands towards sexual health services I asked young people, If you went for information/advice regarding contraception/health matters, how important would each of the following be to you? For your information, you can choose as many as you feel appropriate. Table 1 showed the results. According to the table 1, 80% young people answered that Confidentiality and Friendly atmosphere and staff easy to talk to are the significant aspects. Surprisingly, they replied that counsellors character and comradely atmosphere are more important than their advice or knowledge. As the third best answer, Tests for HIV and other sexual infections were an important factor for young people. 63% respondents agreed Emergency contraception is also a weighty factor. Those two aspects were concrete and visible rather than abstract and sensuous such as top two factors. Following that, Not telling your parents without your permission was the fifth best factor. This might mean that young people are afraid of their parents views of their sexual lives. Unplanned pregnancy counselling, and Pregnancy testing, were important factors, with 53% and 50% respectively. These results might show that young peoples contraceptive use is low when they have sexual relationships wi th their partner. Also, they look that they understand a risk of having a sexual relationship without a contraceptive item, such as a condom. Next, Young people answered that Being able to go without an appointment and General advice on sexual health are less important that above sections, with 33% and 30% each. Last, Advice on other health matters was the least important element for them. As I told above, to sum up, young people put importance on sexual health professionals character and the mood. On the other hand, they dont care about advice or knowledge from sexual health professionals. [Table 1] The proper ages of being taught each sex education Table 2 shows that the proper ages that children should be taught different sex education topics from the views of young people. According to the table 2, young people think that children should be taught the following sex education at around 13 years old. Interestingly, each age of Homosexuality and lesbianism, Sexuality, religions and moral values, HIV/AIDS and other STDs, Rape, Abortion, and Sexual abuse was slightly higher than other items. All of these items are related to individual belief regarding sexual relationships, or solemn problems, such as sexually transmitted diseases, and sexual violence. On the other hand, the ages of children being taught Contraception, How to discuss contraceptive use, and How to say no to sex were marginally lower than above one. Also, young people answered that children should be educated Role of emotions in sexual relationships sooner than others. According to the table 2, these 4 topics under 13 years old are more basic and central topics than the one over 14 years old. To sum up, young people believe that children should be taught sex education around 13 years old, but they also feel that there are proper stages of being taught each sexual education topic. [Table 2] [Conclusion] I found out that young peoples perceptions of sexual health services and sex education through this study. Firstly, I discovered that the strongest demand of sexual health services of young people is the mood and personality of counsellors providing sexual health services, not their knowledge and their advice itself. I think that the reason is young people can get information on sexual problems itself through the Internet, TV, and books. Therefore, I feel that they need the environment and people that provide them with the sense of safety and a feeling of trust in the counsellors. Similarly, their concern about sexually transmitted diseases was a high score, so this might mean that sexually transmitted diseases spread young people. According to the Health Protection Agencys report in the UK between 1999 and 2008 (5), the number of Syphilis rose dramatically from 223 to 2524. In the same way, there was a striking increase in the number of Chlamydia from 56991 to 123018. Also, the patients caused by herpes considerably increased from 17509 to 28957. Total number of patients went up by appro ximately 150000 only 10 years. In 1999, similarly, just over 3000 people were diagnosed with HIV in the UK. However, there were 7298 new diagnoses of HIV in 2008, so the increase was more than twice. On the other hand, young people dont need advices of sexual health and general health so much. As I stated above, I think that the reason why they dont put importance on these aspects is that they can get similar advice or much better information which are related to their problems through different ways, such as the Internet, magazines, and TV. Hence, they demand friendly atmosphere and conversable staffs on sexual health services. When I was 11, 12 years old, I studied sex education at my elementary school. So, I found that the ages that young people in Cambridge were taught sex education at school is almost the same as that of general Japanese people experienced at school. According to the table 2, young people think that children should be taught primary and fundamental sex education, such as Role of emotions in sexual relationships, Contraception, How to say no to sex, faster than others. I think that it is hard for children who are around 12 years old to understand completely the meaning of taking sex education, because most children dont have an interest in sexual activities at the age. However, sex education would be important for them in a few years later, so they should be taught basic sex education at the early stage. After that, they should learn more ethical and serious sex education, such as Sexually Transmitted Diseases, Abortion, and Rape. In my opinion, at the same time, I feel that governments and organisations should establish institutions providing sexual health services and sex education for some children who want to study and need it. In a consequence, childrens understanding about sex education would improve, so unintended pregnancy and sexually transmitted diseases would decline from a long-time point of view. I found out that young peoples demands towards sexual health services and the staffs, and their notion of the ages when children should be taught sex education at school through this study. However, I didnt explore the differences between gender, generation, and countries on this time. As future prospects, I feel that I should increase the number of respondents, and ask their gender, religion, gender, and nationality, and analyse the data. As a consequence, I could get more interesting and broad information regarding the perceptions of young peoples sexual health services and sex education.

Misunderstandings of a Foreigner in American Culture Essay -- American

I still remember the shock I got when I first moved here. What a terribly superficial culture this country has, I thought. The way people treat each other, especially in conversations! At the beginning they ask you: "How are you?" But beware! They don't really want to know how you are, and if you make the mistake of actually giving them a detailed account of your well-being, they'll shun you for weeks. On the other hand, you're required to immediately embrace all new acquaintances with the standard "Nice to meet you." Maybe you weren't even in the mood to meet somebody at this particular moment, and if she or he turns out to be just another perfectly intolerable human being, then you lied to the entire world around you! I had some serious objections to this whole game. Unfortunately, even I am human and realized that it was either going to be adaptation or getting the heck out of this country, and my finances narrowed it down to the first choice. In addition to my little blunders with American small talk, I also had quite a few instances of misunderstandings, and it certainly was not because my English wasn't fluent! I could tell you about the time I had an enticing little talk with a seriously cute guy who threw me a "I'll call you later" at the end of the conversation. Dummy me, sat by the phone the rest of the evening waiting for him to call. Is this an instance of gendered communication, or is it just a sign of the "American" times? How often do we use these vague phrases to be non-committal with almost anybody? These sentences have lost any actual meaning; they're an easy, "polite" way out of any situation. We refuse to give a concrete answer and therefore we can't be tied down to any kind of commitment. It's a good way to... ...erstood! -- by the opposite sex I would like men to be on the lookout for these revolutionary and radical women because, after all, we women have the power to send you all back to your beloved "caves"! Works Cited Gray, John. "Men are from Mars, Women are from Venus." Writing the World: Reading and Writing about Issues of the Day. Ed. Charles R. Cooper and Susan Peck MacDonald. Boston: Bedford/St. Martin's, 2000. 16-25. Tannen, Deborah. "'Put Down That Paper and Talk to Me: Rapport-Talk and Report-Talk." Writing the World: Reading and Writing about Issues of the Day. Ed. Charles R. Cooper and Susan Peck MacDonald. Boston: Bedford/St. Martin's, 2000. 8-16. Troernel-Ploetz, Senta. "Selling the Apolitical". Writing the World: Reading and Writing about Issues of the Day. Ed. Charles R. Cooper and Susan Peck MacDonald. Boston: Bedford/St. Martin's, 2000. 67-73.

Daphne DuMaurier Essay -- Authors

â€Å"Last night I dreamt I went to Manderley again† is one of the most capturing opening phrases of the famous novel â€Å"Rebecca† written by Daphne Du’ Maurier and published in 1938. After the first two paragraphs the story’s unnamed narrator reminisces about her past, but the narrator's name is never revealed. She is referred to as "my dear", Mrs. de Winter, â€Å"my wife", etc., but her first and last name are never given by the author. This opening line gave form to the entire story â€Å"Rebecca† and for over sixty years audiences around the world have praised Daphne Du’Maurier’s novels for their spellbinding mix of suspense, romance, mystery, and horror. Very similar to writers like the Bronte sisters Daphne Du’maurier’s works stand out as a superb example of melodramatic writing. Daphne Du’Maurier was born on May 13th, 1907 in London, England. The middle of three daughters, Du’Maurier was born into a prominent artistic and literary household. She was the granddaughter of famed caricaturist George du Maurier, and the daughter of actor-manager George du Maurier and actress Muriel Beaumont. With her early introduction to literary and artistic accomplishments it is no surprise that Du’Maurier was fascinated by imaginary worlds and wrote her first short story to be published in a magazine, which led to a literary contract, when she was only in her teens. Daphne Du’Maurier’s father, Gerald Du’Maurier, was an English actor and manager, who married Muriel Beaumont in 1902 and proceeded to have three daughters. Daphne’s sisters Angela and Jeanne Du’Maurier were both writers, but not nearly so well known or accomplished as their sister. In 1931, Du’Maurier wrote her first full length novel, â€Å"The Loving Spirit†. After writing this novel when sh... ..., author, or artist, but above all as an intellectual individual with passion and talent in writing who changed literary history with each one of her works.  Works Cited GradeSaver. "Biography of Daphne Du Maurier | List of Works, Study Guides & Essays". GradeSaver, 13 May 2012 Web. 13 May 2012. Du Maurier, Daphne. Frenchman's Creek . Garden City, New York: Nelson Doubleday Inc., 1941. Print. Du Maurier, Daphne - Richard Kelly (essay date 1987). Short Story Criticism. Ed. Drew Kalasky. Vol. 18. Gale Cengage, 1995. eNotes.com. 14 May, 2012 Auerbach, Nina. Daphne Du Maurier, Haunted Heiress . University of Pennsylvania Press, 2002. Print. Leng, Flavia. Daphne du Maurier: A Daughter's Memoir. Mainstream Publishing, 1999. Print. 

Articles of Confederation : an Ineffective Government

Articles of Confederation : An Ineffective Government Whoever said that the Articles of Confederation provided the United States with an effective government was completely incorrect. The United States were not united under this government. The United States could not stand up for itself against other countries. Also, the United States were not stable economically under the Articles of Confederation. The Articles of Confederation did not provide a good government for America. Under the Articles of Confederation, the United States were not united at all.The Articles of Confederation created a central government that was not strong at all. The government established a tax quota for each of the states and asked them please to contribute their share on a voluntary basis. They were lucky if the states paid one-fourth of the requested amount. America had just gotten away from England and all of its taxes, so there was no reason to let their own government do the same. In John Jay’s letter to George Washington in 1786, he says that he is more worried about impending crisis caused by the Articles of Confederation than he was about the Revolutionary War.He was thinking that some people were not in agreement with the government and wanted it to be completely gone. He was worried for a good reason because three years earlier there was an attempt by a group of farmers from Pennsylvania to run the government out of Philadelphia. Also, the states acted like their own countries and only looked out for themselves. Rhode Island is a good example of this because they rejected a request by Congress to put a tax on imported goods. They ignored the fact that America was in a massive amount of debt to the Spanish, French and Dutch.They chose to better themselves rather than to better the country. They said that the tax would be hard on their state and would go against the constitution of their state. Rhode Island denied a tax that was suggested by the country’s central government because it conflicted with their own government. Also, based on the map of WESTERN LANDS CEDED BY THE STATES, the states were claiming territories as their own and not as a whole nation. Virginia claimed more than two-thirds of the Northwest Territory from the other states. There were also disputes over boundaries and taxes put on goods from state to state.New York taxed firewood from Connecticut and cabbage from New Jersey at one time. Also, there were a few rebellions. A noticeable one was Shay’s Rebellion, which had debt-ridden farmers tried to free themselves from the demands of the government. All these different conflicts and incidents point to the nation being not united due to the weakness of the Articles of Confederation. While under the Articles of Confederation, the United States could not stand up for itself. The Articles of Confederation stopped the country from successfully raising an army.To do so, the government had to ask the state to meet their t roop quotas, which usually did not happen. The government had no power to enforce this. The weak central government also did not have the power to back its foreign policies with military strength. John Jay had experienced other nations not taking the United States seriously. When Jay negotiated with the Spanish Minister de Gardoqui, he attempted to regain use of the Mississippi, which had been closed to American Commerce in 1784. Jay said that the Spanish should be careful because the American population was growing rapidly and de Gardoqui denied him.The minister of Spain said that the Americans should relinquish their right to navigate the Mississippi. Despite Jay’s warning, the Spanish Minister refused to take the United States seriously. Since the Articles of Confederation would not allow the government to raise an army effectively, Spain had no reason to take the United States seriously. The country had no way of standing up for itself. England felt that America stabbed t hem in the back and for that, did not send a minister to the capital for eight years.England poked fun at how little unity the states had by saying that if they sent one minister, they might as well send thirteen. John Jay gave specific instructions to the United States Minister to England. He wanted the minister to be very respectful and make the United States look better. Since the United States could not actually stand up for itself under the Articles of Confederation, Jay wanted it to look like they did. Also, Spain gave the United States trouble. Spain took Florida which had been given to the United States by England in 1783.No country took the United States seriously and would continue to walk all over them until the United States could stand up for itself. The United States were not economically stable while under the Articles of Confederation. One main reason for economic struggle was that there were so many types of currency being used that trade with other states was near impossible. There were fourteen total types of currency, one from each state and the rarely used Continental. The Articles of Confederation did not allow the government to control commerce.This left states free to make different, often contradicting, laws of navigation and trading. With all of this conflict, making money was very difficult because one state always had to pay another for some navigation law to do any trading at all. The Articles of Confederation also left the government unable to levy taxes. The government could ask the states nicely, but couldn’t actually enforce the payment. Another economic struggle was caused by European countries such as England and Spain. England declined to make a commercial treaty and also would not remove its old navigation laws.England was just trying to be a â€Å"thorn in the side† of the United States. If the United States were under a better government, they could make up for the monetary losses to England by levying taxes of their own. Based on the chart showing the United States’ value of exports to England and population, it seems like the numbers are all over the place. The export profits are never constantly increasing even though the population is increasing. Usually, if the population goes up, so do the number of goods exported and prices will go down.That is true for this time period, however, England is not buying all that the United States have to export. The central government of the United States cannot regulate trade at all and it is deeply affecting the profits. Also, Spain closing the Mississippi River does not help the American trade. The entire western part of the United States uses that river for exporting. That cut off a large amount of profit for Americans. None of that would have happened if the United States were under a stronger government than the Articles of Confederation provided.The Articles of Confederation did not help American trade. Some people may have thought t hat the Articles of Confederation provided an effective government, but they did not. The United States were not united at all under the Articles of Confederation. The United States could not stand up for itself and be taken seriously under the Articles of Confederation. The Articles of Confederation caused the United States to be economically unstable. The Articles of Confederation never provided the United States with an effective government.