The Concept of Property Essay Example | Topics and Well Written Essays - 3250 words

The Concept of Property - Essay Example The elusive concept of property leads to the difficulty of defining what is property, and thus creates complexity for courts to use the concept of property as an analytical tool for deciding cases.2 In this paper I will discuss a frequently cited concept of property - the 'bundle of rights' theory of property formulated by theorist Wesley Hohfeld3 and complimented by theorist A.M. Honore4 and assess whether or not property is a bundle of rights. Section I of this paper will examine the difficulty of defining property and the sources of its elusiveness. Section II will examine what the 'bundle of rights' theory is and how property can be seen as a 'bundle of rights'. Section III will examine how the 'bundle of rights' theory is limited in defining the concept of property. Section IV will examine the effect that conflicting conceptions of property have on court decisions about property. Specifically I will use three cases to illustrate the effects of differing conceptions of property - Yanner5, Wily6 and Moore7. Wesley Comb Hohfeld described property as a bundle of rights. Hohfeld presents us with an analytical framework that splits rights into four different jural relationships. The main aim of his schema is to present an analytical description of rights. Simply put, Hohfeld aimed to provide a conceptual understanding for our use of right and duty in practice, thus facilitating a better understanding of the nature of our rights. His framework precludes informing us what rights, duties are or should be or what their moral foundation is or what is necessary for something to count as a right, duty etc. He does not, therefore, say anything about the justification of rights. Specifically, Hohfeld's table presents a distinction between four different sets of juridical relationships. (See Figure 1). Figure 1: Hohfeld's Table of Entitlements and Burdens: Right(Claim-Right) Liberty[ Power Immunity Duty No-Right Liability Disability The table above presents four sets of Hohfeldian jural relations. The top row contains four types of Hohfeld's legal rights, while the bottom row indicates the legal position entailed for the other party in each of the types of right. These are jural correlatives. On the other hand, the pairs of diagonally opposite elements in the first two columns (duty/liberty and right/no-right) and those in the last two columns (liability/immunity and power/disability) are jural opposites, i.e. two legal positions that negate each other. (Lazarev 12:1-2). All of the Hohfeldian rights (in the top row) represent entitlements against a specific person. In a sense, each Hohfeldian right resolves only one issue between two specific parties.We start with a simple discussion of rights. One has to be very specific here. He who has the right must be able to pinpoint another person with a correlative duty either in terms of shield or assistance. Hohfeld's explained that every right is a relation between no more than two persons To say that X has a legal claim-right means that he is legally protected from interference by Y or against Y's withholding of assistance with respect to X's project Z. Conversely, Y, who is to abstain from interference, or is required to provide assistance in

Will and Grace Moveable Feast Essay Example for Free

Will and Grace Moveable Feast Essay 1. Give an example someone employing empathic listening. Explain When Karen is talking about Stan wanting her to sleep with other men, Grace Jack and Will, listen empathetically. They listen to be sensitive to her. They understand that even though she acts tough, she loves her husband and is upset by this. They let her know that they understand how she is feeling and that they are there for her. 2. Which step to critical listening is most vulnerable in this episode? Explain your answer. The most vulnerable step I think is†¦ â€Å"To focus all energy-Attending† Each of the characters are so focused and worried about leaving each place and getting back to their private celebration they are having at Will’s and Grace’s apartment, that they don’t fully attend each gathering. They do not give their full attention to the people that they are visiting at each of the parties and they easily misunderstand some of the conversations and intentions because they are not fully listening to the conversations that are going on around them. 3. Give an example of one of the listening barriers seen in this episode. Be specific. The listening barrier I saw was â€Å"preoccupation† Everyone is so preoccupied with their individual issues, they aren’t focusing on the day. Also they are preoccupied with leaving each of the places that they are visiting so they can leave and go back to Will and Grace’s apartment for their own dinner. 4. Give an example of selective listening in this episode. Be specific Selective listening happens when Will is talking about what not to do at his house. Jack doesn’t fully listen to him as proven when he misuses the term â€Å"business trip† 5. Give an example of ambush or defensive listening in this episode. Be specific Jack and his step dad. Jack is expecting his step dad to be critical and when he welcomes them all, Jack is showing an example of Ambush listening when he says things about him his step dad being distant and says things about his step dad making digs at him. Also†¦ when Jack goes back to talk to him about why his step dad was nice to Elliot. He ambushed him.

Travel And Tourism Industry Is Growing Tourism Essay

Travel And Tourism Industry Is Growing Tourism Essay Preparation First and foremost, the angle is preparation. Preparation is an important thing for people that want to travel. A good preparation before travel will lead to a much enjoyable trip. These days travel and tourism industry is growing very fast. Firstly, to prepare for the trip, researches are first done to know more about the country. Nowadays, all the travel agencies are well connected to various hotels, airlines, and railway agencies. So, the tourists of tour do not have to spend extra time preparing the itinerary. Besides that, travel agencies serve their clients by providing best tour packages at cheaper rates. Thats why, these tour packages is very much in fashion these days. These packages have their own benefits. On the other hand, if tourist prefers to travel in the FE method, researches regarding accommodation, food, travel spots, or transportation have to be done personally through the internet or by personal experience from others. Other than that, the checklist of that tour and free and easy preparation are different. If go with a tour, travelling agencies has taken the courtesy to come up with a check list of necessary documents and necessities before travelling. Furthermore, travel agencies will always remind the tourist to bring the necessities before go for travel. In this case, tourist may travel comfortably. But for FE, checklist must be created by you, if you remember to create one. One of the benefits of creating your own personal check list is clearly because it would be more personal and intimate. Anyway, tourist that travels with free and easy have to always bear in mind to bring things in the checklist before travelling because no one will remind the tourists unlike tour. Time Second angle would be time. Time is very crucial element. This is because every second wasted during the trip, is every second lost, therefore time management is very important. By following a tour, tourist is guaranteed to enjoy the trip to the fullest extent. The whole trip is scheduled specially for different types of tourist, for example, shopping tours, historical tours, and relaxing tours. But, there is always a price to pay for all this convenience. The scheduled is so packed that sometime, only a short limit of time is applied to each travel spot. Hence tourists do not have the option to stay back or just go. Punctuality is most likely to be favored. However, in the FE tour, the whole trip is literally, prepared and done by the same tourist. Thus, tourists are able to provide a looser schedule or itinerary. Besides that, sudden change to the trip is always applicable. In this case, punctuality is not an effecting variable. Cost Next the third angle would be cost of expense. The cost of these two trips varies greatly. It can be different in two different aspect, flexibility of cost and budgeting the cost of expense. Tour is said to be less flexible because tourist have to pay a fixed amount of money for any relevant package they chose. Example, if a tourist wanted to visit Indonesia, if he is taking a tour he is only had a choice to pay RM2000 to go to Jakarta. As for the FE tour, it is much more flexible. Tourist may cut off and add in any expenditure during the trip and just travel the place they wanted to visit. For example, another tourist that wanted to visit Indonesia and he doesnt want to follow by tour he can choose where ever place to visit other than Jakarta. As for the budgeting of the cost of expense, the tours travelling package has already included everything from accommodation, air ticket, foods and others with a fix amount of money. The only budget to work out is for shopping or emergency use. But if following the FE, all of the above cost included in the tour has to calculated and figured out carefully because of its tight budget so that we wont over spend our money for unnecessary things. Safety Fourth angle would be safety issues. Safety is a very important factor when travelling. Visiting foreign places exposes the tourist into danger constantly because, due unfamiliar with the new place. Travelling by tour is said to be more secured because a tour guide is much more familiar with the trip and is responsible to put their clients safety as first priority. On the other hand, travelling in FE tourists safety is not assured to the maximum. Furthermore, cheaters usually pick on small group of foreign tourist to cheat on for their money, properties, and sexual violations too. Moreover, travel agencies make it a must for every client of theirs to first purchase travel insurance before travelling with them. Normally the insurance fees are already included together with the tour package. Therefore, obviously, there is much more level of protection. For FE insurance is an option to choose. Experience The experiences that tour tourists gain are different from free and easy tourists. Firstly, the people that tour meet are different from free and easy. In a tour, tourists are travelling in a big group, tourists have the chance of making new friends during the trip. Other than that, the fact that they all originated from the same country, communication is not a problem. After the trip, they are possible to become good friends. For free and easy, like hitch hiking it is normally done in a small group and usually good and close friends. Thus, they may not have the opportunity to social actively with the people of the country, but free and easy tourists have more opportunities to interact with the locals. For example, free and easy is more flexible though out the whole trip, they can choose things that they want to explore base on their desire and their time are always adjustable compare to the tour that is fully scheduled by travel agency, so free and easy tourists have more chances to interact with the locals peoples and explore the locals culture. Next, the commercial experience for tour and free and easy are not similar. When travelling with a tour, usually the travel agencies have a contract with local business in the country to make extra income that can lead to a raise in the economy for the particular country. Business for example, restaurants, shopping malls, galleries, local product shops will be a must stop for the tour. But for the free and easy, like hitch hikers normally look forward to the countrys beautiful scenery, local delicacies, local people, local culture and a whole new different experience. Ordinarily, tourist that takes this trip is to escape from the urban stress and not to face commercial promotions. Benefits The last angle is which method of traveling is most beneficial. Most of the time tourist will prefer travelling with the most convenient and discount rates. Convenience is very important when travelling because tourist expect to have least amount of stress and prefers to just sit back and relax. For that result, taking a packaged tour is most likely to be the best choice. By just choosing which country and they wish to explore any time of the year will do the deal, the else are all taken care by the agency itself. Furthermore, travel agencies has already commercialized into franchise retailers. In this modern era, everything can be done with the internet too, simplifying the whole process into just a click from a finger. On the other hand, FE will not be as convenient as the packaged tour. Air ticket has to be book much earlier for a cheaper price, and same goes to the hotel bookings too. All of the transaction have to be made via internet paying through credit card services. Any sud den changes will not be permitted as a fine will be charged. Next, travel agencies have connection all a around the world, hence having special promotions and price rates, according to the season. Tourist which prefers to enjoy everything with a simple decision will prefer it very much. Hence, travelling by tour is much more pocket- friendly. FE also has special promotions but only limited to a very short period of time only. In a nutshell, according to the article is most clearly stated that the benefits of taking a tour are much more compared to FE travelling. From six of the angles in the articles, specifically during the preparation of the trip at the beginning, the time consumed for preparation and processing the transaction, all the cost and expenses for tour package or FE tour, safety measurements for the trip, experience comparison among the methods of travelling and benefits awarded during the trip.

Managing Exam Stress Essays -- Coping With Exam Stress

Define stress: Stress is the body’s natural response to a threatening situation, and stress causes the release of hormones such as adrenaline, that prepare the body for its instinctual response to a threat: flight, fight or freeze. The adrenaline causes processes in your body to change, for example, your breathing and heart rate quicken, your senses sharpen, muscles tighten and your blood pressure is raised. These changes allow your reaction time to increase, which could mean the difference between life and death. However, many people, including students, live in stressful situations every day, and this has a negative effect of their health. Factors causing exam-related stress: One of the main causes of exam-related stress is the pressure on students to excel in the exams academically. Pressure can be placed on the student by family or friends, as well as by the student themselves. Pressure placed on the student by family members is often the result of parents wanting their children to achieve better results than they did, causing unnecessary stress on the student. Fear of disappointing family members also causes high levels of stress for the student. Certain expectations are held of students by their parents, such as being accepted into a certain high-school or tertiary institution. These expectations can be unrealistic and not be based on the student’s strengths and weaknesses. These expectations can also create pressure on the student to meet his parents’ expectations, which creates feelings of inadequacy when they can’t be met. Pressure is also placed on a student by himself. The student believes that in order to be a good student, they have to do well at school all the time. If the student wants to achieve a certa... ...and-depression-in-children/493_4525/causes-of-exam-stress-in-children.html ï  ¾ http://brainconnection.positscience.com/tests-stress-problems-for-students/ ï  ¾ http://www.kidshelp.com.au/grownups/news-research/hot-topics/exam-stress.php ï  ¾ http://developingchild.harvard.edu/topics/science_of_early_childhood/toxic_stress_response/ ï  ¾ http://www.themaneater.com/stories/2009/5/8/final-exams-causes-students-have-stress-bad-habits/ ï  ¾ http://education.jhu.edu/PD/newhorizons/strategies/topics/Keeping%20Fit%20for%20Learning/stress.html ï  ¾ http://www.15minutes4me.com/article/stress-how-does-stress-tension-affects-teenagers/ ï  ¾ http://www.guidetostressmanagement.com/effects-of-stress/effects-of-stress-on-teens.html ï  ¾ http://www.nhs.uk/Conditions/stress-anxiety-depression/Pages/Coping-with-exam-stress.aspx ï  ¾ http://www.bbc.co.uk/radio1/advice/factfile_az/exams_stress

Bound Man

The Bound Man by Ilse Aighinger The thing that I found most compelling in the story ‘‘The Bound Man’’ was that the man was not worried about being released from the rope, rather he wanted to be bound and with that disadvantage he learned to adapt with it and live life as if he wasn’t bound at all. The reason why I find his situation and his own reaction to it so compelling is because while I was reading the story, I was putting myself in his situation and I would not of thought to react in such a way as he. In the beginning, where the man had awoken from his sleep to find that he was bound, he found happiness in that situation.Through out the story there were people who were amused by his situation, but also had sympathy in which the bound man was completely against; he took that situation and made it seem like it was not a problem, that perplexed me. – But still I find it all truly compelling. †His arms were tied to each other but not to his body, and had some free play too. This made him smile. † pg. 68-69 Even though his arms were not tied to his body, I felt myself becoming uncomfortable. To wake up bounded, I would see no good in that situation besides still being alive.Not only was he bounded, he was outside and woke up to flies around him which made the situation even worse. I read this story and put myself in his position; I could only contradict all his actions. My perspective comes from me not being an outside person whatsoever. I come from a family that if decided, we even go camping or to a national park, we don’t go in tents we rent out a cabin, lodge or a hotel. I wasn’t raised to be an outside person or to even like animals, so when I think of waking up to flies and being tied up outside I think of myself going crazy, screaming for help.It amazed me however, to see that someone can wake up in the position the bound man was in, without crying out for help. It seems carless to me, ca rless about life†¦ But also so brave and courageous because through his situation he built strength and adapted to being bound, something I wouldn’t of ever been capable to do. †These antics amused the bound man because he could have freed himself if he had wanted to whenever he liked, but perhaps he wanted to learn a few new jumps first† pg 73. The bound man was amused by the antics the people in the circus tried in order to set him free.There was many cases that the man could of freed himself, but he didn’t. He wanted his body to get used to these ropes and he was going to make the best out of his situation and learn from it. To my surprise, the bound man had ran into a wolf and was able to protect himself, even with being limited to movement. This man was powerful. The fact that he found a way to take action and be positive with being bound and refused to free himself, gained him a lot of power. He was the victim at first because he was robbed and b ound, but he became the one in power by overcoming it, and not letting it stop him from anything.In my opinion, the ones who can overcome huge obstacles in life are truly the ones with the most power and strength. When I think of bound ‘‘MAN’’ I think of strong and fearless. Men are believed to have a lot of pride and to not show their weaknesses; they want to be looked at as superior, and in the story I think the bound man was superior. People were interested in him and his life, but didn’t understand his purposed. I tend to appreciate people who are very positive because it changes my perspective on how I live my life. I often feel like I react off of little things, and make small situations bigger then they are.When something goes wrong, I feel like everything is wrong and nothing can be fixed. As an example. Last week my shoulder was dislocated, I felt helpless and I had 2 feet and another arm that could be used. With just my one arm not being ab le to function like it normally can, I was upset and angry and acted like the whole world was over. I didn’t do anything besides taking pain medication and lay in my room. This story brought about a different perspective on how I reacted to my shoulder. I could of been happy that at least my shoulder was put back in place, and that it was a minor issue and would be back to normal soon.But I am a dramatic person, and I’ve never looked at the good side of things, which is something I wish I did. As a result to the man being bound he became powerful. The condition the bound man was in and the actions he took during, gained him strength. I do believe that there is a consequence to everything you do. Whether it be good or bad, is how you react upon the situation. At the end of the story when the circus proprietor decided that telling the people in the village the bound man had killed a wolf, he though that there would be a good consequence out of doing that; to ‘†™revive the triumphs of the summer’’.He was wrong, his actions lead to the bound man having to prove his superior. And because people did not believe in his superior he was forced to prove himself by being in a cage with a wolf. Not only did he kill the wolf, but he was no longer one with his rope. The proprietors wife did not believe in the bound mans power, so she cut him free of his rope while he was in the cage. The consequence of her actions lead to there being no point in killing the wolf, the man was now unbound and he no longer had a purpose. So he shot the wolf instead. Without his bound the man felt weak, and blood rushed to his feet.Her actions not only lead to the death of the wolf, but soon to the death of the man himself. – The way that the bound man saw his situation had a consequence as well. It gained him power, and he learned to do new thing with just a little amount of movement, and with that I felt the story was compelling. Reading this sto ry changed my whole perspective on how I react to certain things. It made me think that it would be so much easier in the long run if you just see the bright side of bad situations†¦ But also, to not have so much pride that you feel you must prove yourself to others, because that itself, can lead to bad consequences.

Free Essays on 1860s-1960s

There have been many times when present day America has been affected by its past but the past of the 1860’s and the 1960’s especially effected present day America. There are three major ways that America was affected because of the 1860’s and the 1960’s. The first way is the start of civil disobedience in the 1860’s. Another way is how women started to get treated in the late 1960’s. And the third way is what blacks started to accomplish in the 1960’s. There are other ways that these two years affected America but these are the major ones. In the 1840’s Henry David Thoreau came up with an idea that is called â€Å"civil disobedience.† Civil Disobedience is when someone breaks the law when they do not believe in something and they do it in a civil manner and take the consequences. Once this was created many times after in the near or late future to this the United States citizens have felt the need to revolt against the government. There were such cases during the time of Dr. Martin Luther King Jr. They used civil disobedience to eventually get what they felt is right. It was important to Thoreau to get the public informed about the concept of civil disobedience so, when war’s broke out it would make people think maybe the war is wrong and do not have to support it. Thoreau never rallied thousands of people together to get reactions. Instead he went to jail to protest and wrote his essay â€Å"Civil Disobedience.† Dr. Martin Luther King took the same idea of passive resistance to protest t he injustices brought upon the African American race in the United States. Dr. King, like Thoreau, was willing to suffer for his views, especially when he found himself faced with disciplinary laws denying civil rights to all citizens. So with Thoreau creating this it affected great leaders (Dr. Martin Luther King) and even great leaders now. Women though were not treated fair at all from 1860 to the early 1960’s. In the e... Free Essays on 1860's-1960's Free Essays on 1860's-1960's There have been many times when present day America has been affected by its past but the past of the 1860’s and the 1960’s especially effected present day America. There are three major ways that America was affected because of the 1860’s and the 1960’s. The first way is the start of civil disobedience in the 1860’s. Another way is how women started to get treated in the late 1960’s. And the third way is what blacks started to accomplish in the 1960’s. There are other ways that these two years affected America but these are the major ones. In the 1840’s Henry David Thoreau came up with an idea that is called â€Å"civil disobedience.† Civil Disobedience is when someone breaks the law when they do not believe in something and they do it in a civil manner and take the consequences. Once this was created many times after in the near or late future to this the United States citizens have felt the need to revolt against the government. There were such cases during the time of Dr. Martin Luther King Jr. They used civil disobedience to eventually get what they felt is right. It was important to Thoreau to get the public informed about the concept of civil disobedience so, when war’s broke out it would make people think maybe the war is wrong and do not have to support it. Thoreau never rallied thousands of people together to get reactions. Instead he went to jail to protest and wrote his essay â€Å"Civil Disobedience.† Dr. Martin Luther King took the same idea of passive resistance to protest t he injustices brought upon the African American race in the United States. Dr. King, like Thoreau, was willing to suffer for his views, especially when he found himself faced with disciplinary laws denying civil rights to all citizens. So with Thoreau creating this it affected great leaders (Dr. Martin Luther King) and even great leaders now. Women though were not treated fair at all from 1860 to the early 1960’s. In the e...