Improving Second Graders Communication Of Mathematical...

Introduction The article analyzed in this paper is the mixed research study titled Using Math Journals to Enhance Second Graders’ Communication of Mathematical Thinking. The quality of the research problem stated in the article was well put together. The researcher stated the problem clearly and identified why it was a problem. The gap in the literature the study is attempting to fill is communication of mathematical thinking. Often time’s students cannot intellectually explain how they got to their answer. When asked to explain, students have a hard time using the correct vocabulary terms. The student s’ response does not demonstrate the mathematical thinking process; rather it merely demonstrates the student s’ ability to memorize and recall a method of solving a problem to ï ¬ nd a correct answer. Kostos, K., Shin, E. K. (2010). The quality of the purpose of the research was excellent. The researcher was able to explain the significance the problem had on studen ts and certain standardized testing students will eventually have to endure. The research question that guided this study was how the use of math journals affected the second grade students’ mathematical thinking through math communication. Kostos, K., Shin, E. K. (2010). It was plainly stated in the introduction of the article. The consumers of the article would easily find the statement without difficulty. The researcher hypothesized that allowing the students to demonstrate their mathematical thinkingShow MoreRelatedDevelopment of a Math Laboratory at the Professional Development School2830 Words   |  12 Pagesand the second an improvement in mathematics communication for both groups. Working in conjunction with at-risk K-5 students, these preservice teachers will have many rich opportunities to grow in the areas specified by the NCTM math communications standard. Through these opportunities they will â€Å"organize and consolidate their mathematical thinking, communicate their mathematical thinking coherently and clearly to peers, teachers and others, analyze and evaluate the mathematical thinking and strategiesRead MoreThe Development Of Advanced Students1622 Words   |  7 Pageseducators lose focus on developing our most advanced students. Analyze-Write-Pair-Share-Apply is a modified version of Think-Pair-Share I use in my pre-calculus classes. My pre-calculus classes are composed of mainly 11th and 12th graders. Aside from students thinking about a problem and sharing their ideas, I added the component of having them write down and apply their knowledge to similar problems. I am interested in conducting this study to see how the Analyze-Write-Pair-Share-A pply strategyRead MoreBurton Elementary School : City University Of Seattle Essay6026 Words   |  25 Pageslunch?has to take a top priority in scheduling. 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How will your partner become a stronger attachment figure for Preslee? A: Your partner will spend more time changing diapers, feeding, and playing with Preslee. 9) How does your babys eating, sleeping and motor development compare to the typicalRead MoreDeveloping Management Skills404131 Words   |  1617 PagesGaining Power and Influence 279 Motivating Others 323 Managing Conflict 373 PART III GROUP SKILLS 438 8 Empowering and Delegating 439 9 Building Effective Teams and Teamwork 489 10 Leading Positive Change 533 PART IV SPECIFIC COMMUNICATION SKILLS 590 591 Supplement A Making Oral and Written Presentations Supplement B Conducting Interviews 619 Supplement C Conducting Meetings 651 Appendix I Glossary 673 Appendix II References 683 Name Index 705 Subject Index 709 Combined IndexRead MoreLogical Reasoning189930 Words   |  760 PagesDarryl Mehring, University of Colorado at Denver; Dean J. Nelson, Dutchess Community College; James E. Parejko, Chicago State University; Robert Sessions, Kirkwood Community College; and Stephanie Tucker, California State University Sacramento. Thinking and writing about logical reasoning has been enjoyable for me, but special thanks go to my children, Joshua, 8, and Justine, 3, for comic relief during the months of writing. This book is dedicated to them. For the 2012 edition: This book is dedicatedRead MoreEducation response Essay example43180 Words   |  173 Pagesworks. Universities are no exception. This report asks what universities are doing to help create a Britain that is more socially mobile, and what more they could do. The answer to the first question seems to be quite a lot. The answer to the second is that they could, and should, be doing a lot more – and in a far more focused way. We are blessed in Britain to have a world-leading higher education sector. 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Adam Smith Essay On Language Example For Students

Adam Smith Essay On Language Adam SmithAdam Smith was born in Kirkcaldy, Fife, Scotland. His exact date of his birth isunknown but he was baptized on June 5, 1723. At the age of fifteen, Smith beganattending Glasgow University where he studied moral philosophy. In 1748 he began givinglectures in Edinburgh where he discussed rhetoric and later he began to discuss theeconomic philosophy of the simple system of natural liberty which he later proclaimed inhis Inquiry into Nature and Causes of the Wealth of Nations. In 1751, Smith was appointed professor of logic at Glasgow university,transferring in 1752 to the chair of moral philosophy. His lectures covered the field ofethics, rhetoric, jurisprudence and political economy. In 1759 he published his Theory ofMoral Sentiments, embodying some of his Glasgow lectures. This work was about thosestandards of ethical conduct that hold society together, with emphasis on the generalharmony of human motives. Smith moved to London in 1776, where he published An Inquiry into the Natureand Causes of the Wealth of Nations, which examined in detail the consequences ofeconomic freedom. It covered such concepts as the role of self-interest, the division oflabor, the function of markets, and the international implications of a laissez-faireeconomy. The Wealth of Nations established economics as an autonomous subject and,launched the economic doctrine of free enterprise. In the western world, it is the mostinfluential book on the subject. When the book, which has become a classic manifestoagainst mercantilism, appeared in 1776, there was a strong sentiment for free trade in bothBritain and America. This new feeling had been born out of the economic hardships andpoverty caused by the war but the British public and parliament still clung to mercantilismfor many years to come. Smith laid the intellectual framework that explained the freemarket and still holds true today. He is most often recognized for the expression theinvisible hand, which he used to demonstrate h ow self-interest guides the most efficientuse of resources in a nations economy. In 1778, he was appointed to a post of commissioner of customs in Edinburgh,Scotland. He died there on July 17, 1790, after a painful illness. After his death it wasdiscovered that Smith had devoted a considerable part of his income to numerous secretacts of charity. In the piece entitled Four Percent Follies from The Accidental Theorist Krugmandiscusses how some people think Alan Greenspan should let the economy grow faster. Four Percenters, those against Greenspan, feel that he is not putting enough currency intocirculation therefore slowing growth. If more money is put into the economy then nit willgrow faster but if too much is put in, inflation will occur. Also, they feel that this willremedy the low rate of unemployment which will soon cause inflation to spiral upward if itcontinues to decrease below the standard 6%. Adam Smith would surely understand the Four Percenters plea. He would wantthe economy to be free from too much government control. Greenspan is abusing his placeand should let the currency flow into the market rather then hold back. Sure, Smith wouldsay some mediation is necessary to keep too much money from pouring in so inflationdoesnt occur. Smith believes that the economy should be free from the government yetthe government should still silently oversee it to prevent any problems. Greenspan ispreventing problems but is being too cautious and Smith would want him to let morecurrency into our market but still keep it from getting out of control. .ube92e839640d1a757d129065874a1a12 , .ube92e839640d1a757d129065874a1a12 .postImageUrl , .ube92e839640d1a757d129065874a1a12 .centered-text-area { min-height: 80px; position: relative; } .ube92e839640d1a757d129065874a1a12 , .ube92e839640d1a757d129065874a1a12:hover , .ube92e839640d1a757d129065874a1a12:visited , .ube92e839640d1a757d129065874a1a12:active { border:0!important; } .ube92e839640d1a757d129065874a1a12 .clearfix:after { content: ""; display: table; clear: both; } .ube92e839640d1a757d129065874a1a12 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ube92e839640d1a757d129065874a1a12:active , .ube92e839640d1a757d129065874a1a12:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ube92e839640d1a757d129065874a1a12 .centered-text-area { width: 100%; position: relative ; } .ube92e839640d1a757d129065874a1a12 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ube92e839640d1a757d129065874a1a12 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ube92e839640d1a757d129065874a1a12 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ube92e839640d1a757d129065874a1a12:hover .ctaButton { background-color: #34495E!important; } .ube92e839640d1a757d129065874a1a12 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ube92e839640d1a757d129065874a1a12 .ube92e839640d1a757d129065874a1a12-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ube92e839640d1a757d129065874a1a12:after { content: ""; display: block; clear: both; } READ: Tattoos: Health Care and Tattoo EssayMy view on this matter is quite similar to that of Adam Smiths view on thematter. I also feel that an economy should be allowed to flourish and grow to its fullestcapacity. As the article illustrates, inserting more money into the economy will certainlycause the economy to grow and also help fix the unemployment rate. So I feel thatGreenspan should loosen his control over the money and let more currency be distributedinto the economy. But I also feel that it is very important that Greenspan maintains awatchful eye over this inserting of money into the economy. His job is to keep theeconomy prosperous and safe. So while he must let more money flow he still must be sureto keep too much money from entering our market. He can not let inflation occur becausethat would hurt our economy and he will have failed. That is why his job is difficult,however, as the man placed in that position he must be able to handle this. EitherGreenspan lets more money enter the economy while overseeing it as too prevent inflationor America simply needs to find a new Chairman of the Federal Reserve. The second article from The Accidental Theorist is called Technologys Wonders:Maybe not so wondrous. Economics Essays

Advice Essay Samples Reviews & Tips

Advice Essay Samples Reviews & Tips Understanding Advice Essay Samples Be as specific as possible and explain the reasons behind the advice you're giving. Bad help Of course, advice isn't always that positive! Another reason it's the very best advice, it encourages me. Selecting the very best advice is definitely hard because I think all them are the very best advices for me. As soon as you submit your purchase, we start searching for the ideal writer to finish your assignment based on your requirements. Accordingly, in article writing, creativity is an important ingredient. If you are only starting your writing career, there'll be key takeaways if you should survive in the writing industry. Write an essay describing the advice you would provide an author who's hoping to compose a book which will be successful among people your age. The Chronicles of Advice Essay Samples This resource is designed to help students develop skills to compose excellent essays at universit y. Without an answer, you'll have trouble writing a college essay which will help admissions officers decide if you're a great fit for their school. Students lead busy lives and frequently forget about a coming deadline. Quite a few of our students tell us they can't answer that question. Many scholarship applications now need an essay of some type. GMAT essays aren't as crucial as quant and verbal, but it's still true that you should do a decent enough job. The scholarship essay has become the most important portion of the application when attempting to secure money for college. Generally, there are two varieties of application essays for graduate. Our customer support will gladly tell you whether there are any special offers at the present time, together with make sure you are getting the very best service our company may deliver. It is very important to make relationships not just for our physical needs, but in addition for our psychological improvement. In the event you're experiencing any difficulties with your purchase, our agents are prepared to assist you at any moment. There exists many things that results in termination. Vital Pieces of Advice Essay Samples This essay will appear at a number of the most essential parts of advice a superior parent can have, which will hopefully result in a good' parenting. The experiment examines the behaviours and actions of a youngster, when they've been separated from their parent and then when reunited. As people are predominately social, it's important they learn how to produce good strong relationships. Things You Should Know About Advice Essay Samples If you don't find out how to begin your essay or where to search for supporting data, we'll be happy to help you. Studies have indicated that most interviewees fail as a result of absence of appropriate preparation or relevance when asked even the easiest of questions. These factors change from one objectivity to another. The Good, the Bad and Advice Essay Samples The way of studying find out the way to compose a literary analysis could possibly be daunting and overwhelming in the beginning, however as you acquire extra follow with this type of considering, you can craft a technique which works greatest literary essay for you. Rega rdless of the situation, the very best essays require a little bit of planning. In truth, it is all of the time helpful to observe an evaluation essay example. Make my on-line help speech. What Advice Essay Samples Is - and What it Is Not Persuasive essays are intended to be convincing, this might be to buy a given product or maybe to earn a call to action. It's possible to always reach out to your writer to supply additional specifics or request information concerning the order's progress. If you choose to ask a writing buddy for help, to say a relative or a friend, you are extremely likely to acquire a positive answer. After discovering our website, you will no longer will need to bother friends and family with these kinds of requests. Ok, I Think I Understand Advice Essay Samples, Now Tell Me About Advice Essay Samples! Needless to say that a few individuals are all set to do anything rather than writing an academical paper. The web is full of all sorts of essay samples, but the tricky issue is to seek out a perfect. It's said people who excel in life are individuals who love the things that they do, and writing is no exception. You may turn into a better person and you may live your dream. The Upside to Advice Essay Samples Therefore, an excellent academic paper must be written in the suitable formatting style, employs using very good grammar and punctuation, and is written in a professional tone. After you put the order, a specialist in the distinct academic field is going to be assigned your paper and the instructions you have provided us with. First of all, you have understand there are distinct types of writing. There are various types of writing. Though the conclusion paragraph comes at the conclusion of your essay it ought not be considered an afterthought. It's far better go away the title till last, which means you may select one particular thing catchy that really captures the heart of your essay. The reality is that while no e ssay is likely to make an unqualified. A couple of sentences can avoid confusion and create your essay much simpler to read. You won't have the ability to answer essays otherwise! In the event you're not certain how to compose a personal essay and struggle to begin, we've an amazing literary essay example advice! As a writer, you compose an essay for any given purpose. Always bear in mind an ideal persuasive essay needs to be persuasive.

Using Your Own Topic For College App Essay

Using Your Own Topic For College App EssayAre you making use of your own topic for a college application essay? It is a good idea to make use of your own topic for a college application essay especially if you are really serious about the application process. If you make use of your own topic, you will be able to fully concentrate on your essay so that you won't have to worry about the information that you are providing in your college application.When it comes to your college essay, you need to provide detailed information about yourself. This means that you need to include the topic that you are applying for. There are many colleges and universities, which require for their college applications that they should be filled with different types of topics. The best idea is to always give relevant details about yourself so that the college will know what kind of information you are going to provide to them.The topic for your college application can be anything. You can make use of your own topic if you think that you don't know about it.If you think that you don't know about the topic that you should write about, you can always ask a friend or you can make use of your own topic for a college application essay. Just make sure that the information that you are providing is as accurate as possible.Also, it is important that you should always make use of your own topic for a college application essay. There are a lot of people who tend to create a lot of wrong topic for college applications. If you make use of your own topic, you can be confident that you are not going to make mistakes. This is one of the reasons why you should always make use of your own topic for a college application essay.Writing an essay is a very difficult task but you should not make a mistake when you are writing your college application. Just make sure that you always use your own topic for a college application essay so that you can get all the information that you need. You can also search the internet and check out some sample essays for college application so that you can get an idea about the right way to write your college application essay.Using your own topic for a college application essay is a great idea because you will be able to ensure that you are giving all the right information in your college application. Make sure that you always provide relevant information so that you can get into a good college.

The Funny College Essay

The Funny College EssayThe funny college essay is a form of writing that used to be very tough for students. Now, however, the topic of funny college essays can be written by anyone and it does not require any skill or knowledge on writing. If you are interested in this kind of writing, read this article to learn about some of the topics that you can write about.A college essay that has humor in it is a way of addressing your audience. What is humor anyway? It is a way of making people laugh or give you a good time, but it is also a way of making people think and interact with you. And because of that, these essays are very important and should be taken seriously as well.So if you are not good at writing but are a good writer, you can have fun in this type of writing. The rules do not apply in the college writing. The important thing is that you are writing something that is relevant to the topic of the essay. You should know exactly what you are writing, so that you can talk about a nything you want to.Another point about funny college essays is that there is no sense in writing something that is absolutely irrelevant to the topic of the essay. In fact, it would not make sense. Instead, it would be best to write about something interesting that is related to the topic.Most of the time, college essays that are funny are composed for funny purposes. The most famous examples are Monty Python's God Save the Queen. Most universities have an annual campus edition of the comedy program for students to watch and do. Many universities even organize festivals and special events in honor of some of the funniest stories that have been told during the program.Funny collegeessays also take the form of press releases. In order to write a press release for your own graduation party, it is best to write it as if you were a reporter who was there to cover the graduation. One must always have a proper perspective and attitude when doing the writing.There are a lot of great writer s that are experts in funny college essays. You should find one that fits your writing style. However, if you do not know how to do this, then you can hire an editor to do it for you. Either way, remember that funny college essays are your best chance to express yourself with ease.

Using a Study Plan Sample

Using a Study Plan SampleIf you are just starting out with a study plan, or if you want to do a few things before you start, then a study plan sample is the way to go. A sample essay is an easy way to work through all of the parts of your college degree that require writing, but it is also a good way to gauge whether or not your research and writing skills are up to par.The first thing you need to do when you get ready to write a study plan is to decide on a topic. Be sure that you select a topic that is specific to your studies, otherwise you may find yourself bogged down by topics that are irrelevant. For example, if you are planning to major in English literature, don't choose a topic like culinary arts just because you happen to be interested in culinary arts.Now, once you have chosen a topic, you need to decide how you will begin. Do you go straight into research? Or, would you prefer to write an essay of some kind first? One option that is popular is to work in some type of res earch paper or project.The next step is to outline the writing for each individual essay you will be writing. You can do this by thinking about what is important to you in this course, or you can use a template to set the tone for your articles. You may want to stick with your theme, so that it is obvious when you write.Finally, you should think about the structure of your articles. If you want to use a template, then you can stick with the format you have chosen for your essay, as long as it remains consistent. Otherwise, you may want to consider writing the article with more structure and organization in mind. You can do this by writing the introduction, main body, and conclusion, in that order.Once you are finished with the plan, you should edit it. In other words, make sure that you stick to it and edit the chapters as necessary. If you have a particular lesson in mind, for example, then you should either follow the plan or break it up in a way that makes sense.Using a study pla n sample can be a useful tool when you are just getting started with your college career. You may want to use one to test your writing skills, or you may want to simply check for errors. Either way, a sample can help you write an excellent essay that will get you through college.

Spelucian explorers Essay Example For Students

Spelucian explorers Essay Speluncean Explorers v. Court of General Instances of theA. Five members of the Speluncean Society went into a cave to explore. While they were in the cave a landslide occurred covering the entrance and trapping them in. B. Twenty days later after the entrapment messages were sent from the explorers to a rescue team outside of the cave. C. The explorers explained their conditions and rations to doctors and asked if they would beable to survive until the predicted date they would be saved. The doctors said no. We will write a custom essay on Spelucian explorers specifically for you for only $16.38 $13.9/page Order now D. Eight hours later, Roger Whetmore speaking on behalf of the explorers, asked if they could survive if they ate one of their own. The doctors said yes. E. Whetmore than asked the doctors if it would be advisable to cast lots to determine whoshould be eaten. The doctors didnt answer. He then asked if any judge, official, minister,or priest was present none of the rescuers said they were. F. On the twenty third day Whetmore was eaten. G. Whetmore was the explorer who came up with the idea of killing someone in order for theothers to survive. H. Whetmore also came up with the idea of rolling dice to decide who would be killedI. After the rescue of the four remaining explorers on the thirty second day the survivors were indicted for the murder of Roger Whetmore. Is being trapped in a cave with little chance to live an exception to the statute N.C.S.A (N.S.)12-A?No. The Supreme Court sentenced the four survivors to death for the murder of Roger Whetmore. The Supreme Court was evenly divided so the original conviction of murder from the Court of General Instances was affirmed. Law and morality most definitely share a relationship. Lon L. Fuller, the author of The Case of the Speluncean Explorers, distinguishes this connection between the morality of duty and the morality of aspiration, both of which bear on the design and operation of social institutions. Well in this case, the social institution happens to be the Supreme court of Newgarth in the year 4300. A group of four members of the Speluncean Society, which was an organization for amateurs interested in the exploration of caves, are appealing there sentence handed to them from the Court of General Instances of the county of Stowfield. A panel of five justices presided over the case, and after extensive hearings, each justice reached a unique judgement. The events that took place in the case are a bit extraordinary. Roger Whitmore and the four defendants, also members of the society, penetrated the interior of a limestone cavern. While they journeyed further into the cave, a landslide occurred, and jammed the only means of entrance and exit for the cave. As the men realized they were in a serious situation, they set camp near the boulders that set them apart from the world to wait on a rescue party. The task to remove the boulders proved to be a difficult one for the rescuers, and days went by without success. On the thirty second day, success was finally achieved, but only four members of the society had survived this tragedy. The explorers carried into the cave only scant provisions, so the need for food was great in order to survive. The life of one of the explorers was taken by the others to use as nourishment for the remaining survivors. The testimony heard in the first case, declared that the life of Roger Whetmore had been ta ken, but it was he who initially proposed the killing of one explorer to feed the remaining. Whetmore proposed the rolling of dice to declare the victim. The dice toss went against Whetmore, so he was put to death and eaten by his companions. This is where the courts enter this bizarre case. After the survivors were treated and released from a stay in the hospital, they were indicted for the murder of Roger Whetmore. A trial found the defendants guilty of murder and sentenced them to be hanged. The defendants wanted the case to be sent to a higher court and it was heard before a panel of five justices. This is where the philosophy of jurisprudence enters the case. Were the men out of line by committing murder to prolong their lives? According to the laws of the Commonwealth, yes. The language of this situation is well known, Whoever shall willfully take the life of another, shall be punished by death. But if you take the natural law point of view, which is when a situation arises in which the coexistence of men becomes impossible, then a condition that underlies all of our precedents and statues has ceased to exist. (Foster, pp.620). This means that the men in the cave were in such a predicament, that all common law known to man ceases to exist, and the men are bounded by no known jurisprudence. The law now rests solely in their hands. The five justices take different views on the philosophy of jurisprudence. Justice Truepenny, C.J. admires the decision made by the jury and trial judge. He feels they complied with the only course that was open to them under the law. Statue N.C.S.A. (n.c.) Sec. 12-A, The willful taking of another mans life must be punishable by death permits no exception to this case and our personal sympathies must not overshadow the strength of this statute. Truepennny feels though as if executive clemency seems suitable for a case like this. Some sort of pardon or forgiveness should be sent out to the defendants. If this is done, then some sort of justice will be accomplished without impairing the soul of our statutes and without offering any encouragement for the disregard of law. Justice Foster, J. does not see it as Truepenny does. Foster believes something more is on trial than the fate of these men. That is the law of our Commonwealth. The law should not compel that these explorers are murderers. He believes it declares them to be innocent of any crime at all resting on two independent grounds. One is the inapplicability of the positive law of this Commonwealth including all its statutes and precedents. The case should be handled in the manner of what ancient writers in Europe and America call the law of nature. This means when man is in so far over his head that coexistence becomes impossible, the force of positive law should disappear. Exactly as in this situation where the taking of one life was able to prolong others, the basic premises underlying our entire legal order must lose their meaning and force. Jurisdiction rests on a territorial basis. These men were pretty much living in their own private and secluded world unattainable by any outsiders Th e law of nature entitles these men to make their own laws and jurisdictions within the confines of their cave. So the life of Roger Whetmore was taken in a state of civil society,but rather in a state of nature. Foster has no difficulty stating that under these principles, the explorers were guiltless of any crime. What these men did was done on pursuance of an agreement accepted by all and first proposed by Whetmore himself. Their extraordinary predicament left them no choice but to leave the usual principles that regulate mens relations and form some sort of government related to the situation at hand. .ua05779c1934fac171114c127f25d6d86 , .ua05779c1934fac171114c127f25d6d86 .postImageUrl , .ua05779c1934fac171114c127f25d6d86 .centered-text-area { min-height: 80px; position: relative; } .ua05779c1934fac171114c127f25d6d86 , .ua05779c1934fac171114c127f25d6d86:hover , .ua05779c1934fac171114c127f25d6d86:visited , .ua05779c1934fac171114c127f25d6d86:active { border:0!important; } .ua05779c1934fac171114c127f25d6d86 .clearfix:after { content: ""; display: table; clear: both; } .ua05779c1934fac171114c127f25d6d86 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua05779c1934fac171114c127f25d6d86:active , .ua05779c1934fac171114c127f25d6d86:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua05779c1934fac171114c127f25d6d86 .centered-text-area { width: 100%; position: relative ; } .ua05779c1934fac171114c127f25d6d86 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua05779c1934fac171114c127f25d6d86 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua05779c1934fac171114c127f25d6d86 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua05779c1934fac171114c127f25d6d86:hover .ctaButton { background-color: #34495E!important; } .ua05779c1934fac171114c127f25d6d86 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua05779c1934fac171114c127f25d6d86 .ua05779c1934fac171114c127f25d6d86-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua05779c1934fac171114c127f25d6d86:after { content: ""; display: block; clear: both; } READ: Civil Disobedience EssayFosters second ground proceeds by rejecting his entire exposition of the first ground. For purposes of argument, Foster states he is wrong in saying that the situation these men found themselves in removes them from the effects of our positive law. It is assumed that the Consolidated Statutes have the power to penetrate five hundred feet of solid rock. These men without a doubt violated the statute that states he who shall willfully take the life of another is a murder. An example of taking statutes literal word for word is in Commonwealth v. Staymore. The defendant here had his vehicle parked in a two hour parking zone, but due to a political demon stration, was unable to remove his car within the two hour limit. His conviction was set aside by the court, although his case fell squarely within the wording of the statute. Statutes are never taken literal. The statute that holds the fate of the explorers has never been applied literally. Take for example killing in self defense. The statute mentions nothing about this exception, yet murderers for centuries have been set free by this plea. The statute at hand was not intended to apply to self defense cases. A man threatening the life of another would naturally repel the threatened man. The same reasoning is applicable to the case at hand. If a group of men ever find themselves in a predicament such as explorers, you can be sure decisions on whether to live or die will not be controlled by the contents of our law. Therefore, the statute in question does not at all apply to the case at hand such as the self defense plea. Fosters conclusions is that the defendants are innocent of th e murder of Whetmore, and the conviction should be set aside. Justice Tatting finds himself letting his own emotions get the better of him when viewing this case. He finds himself torn between sympathy for the explorers and disgust in the brutal act they committed. Tatting finds Justice Fosters opinions on the case shot through contradictions and fallacies. Tatting is confused in Fosters point that the men were not in a state of civil society, but rather in a state of nature. When exactly did this transition from civil to nature take place? That is the question that baffles Tatting and it is an uncertainty that produces a lot of difficulties. Tatting uses an example that what if a man in the cave had his twenty first birthday. Is he twenty-one at the exact time of his birthday, or does the new character of government not make him twenty-one? Justice Foster and Tatting are appointed judges of a court of the Commonwealth of Newgarth, sworn and empowered to uphold the laws of that Commonwealth. Entering a court of nature, what kind of empowerment does a justice hold now? If the explorers were under a court of nature, what gives the justices power to enforce. Nothing at all. We are in a state of positivistic law, not in a state of nature. Another implication embarked by Foster that Justice Tatting cannot find tolerable is the actual murder of Whetmore and the fashion in which it took place, by their bargain. Suppose Whetmore had a handgun and blasted his companions before they attacked him. Whetmore would naturally be made out the murderer, since the excuse of self defense would have to be denied to him. You cannot attempt to kill the man who releases the gas in the gas chamber and call it self defense. The natural law in the cave called for the death of Whetmore, and the death of him must be upheld. All the considerations brought forth by Foster make it hard for Tatting to reach a conclusion. Tatting has a hard time coping with Fosters second opinion which states no statue whatever its language, should be applied in a way that contradicts its purpose. In Commonwealth v. Valjean, the defendant was indicted for the larceny of a loaf of bread. His defense was that he was starving to death and needed that bread to survive. The court refused to except the defense. If hunger cannot justify the theft of wholesome and tasty food, how could it justify the killing and eating of a man. Fosters view would have caused the court to overrule Commonwealth v. Valjean, by reading between the lines of that particular statute that forbids theft. Tatting concludes Fosters arguments are intellectually unsound. Yet, he finds it absurd to direct these men to death when the cost of ten workmens lives were lost in rescuing the explorers. The confused Tatting declared his withdrawal from the decision in this case. .ua9de4d117ced1745a46b4e072e9ae854 , .ua9de4d117ced1745a46b4e072e9ae854 .postImageUrl , .ua9de4d117ced1745a46b4e072e9ae854 .centered-text-area { min-height: 80px; position: relative; } .ua9de4d117ced1745a46b4e072e9ae854 , .ua9de4d117ced1745a46b4e072e9ae854:hover , .ua9de4d117ced1745a46b4e072e9ae854:visited , .ua9de4d117ced1745a46b4e072e9ae854:active { border:0!important; } .ua9de4d117ced1745a46b4e072e9ae854 .clearfix:after { content: ""; display: table; clear: both; } .ua9de4d117ced1745a46b4e072e9ae854 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ua9de4d117ced1745a46b4e072e9ae854:active , .ua9de4d117ced1745a46b4e072e9ae854:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ua9de4d117ced1745a46b4e072e9ae854 .centered-text-area { width: 100%; position: relative ; } .ua9de4d117ced1745a46b4e072e9ae854 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ua9de4d117ced1745a46b4e072e9ae854 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ua9de4d117ced1745a46b4e072e9ae854 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ua9de4d117ced1745a46b4e072e9ae854:hover .ctaButton { background-color: #34495E!important; } .ua9de4d117ced1745a46b4e072e9ae854 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ua9de4d117ced1745a46b4e072e9ae854 .ua9de4d117ced1745a46b4e072e9ae854-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ua9de4d117ced1745a46b4e072e9ae854:after { content: ""; display: block; clear: both; } READ: Values in Family Stories EssayJustice Keen would empower executive Clemency to the defendants if the conviction is affirmed. But that is a question for the Chief Executive, not for the courts to decide. Due to all the ordeals that explorers have been through and all they have suffered, he felt they have already paid for their crime, if there was at all a crime that was committed. The sole question that lies before the panel is whether the defendants did, within the meaning of statute N.C.S.A.secl2-A, willfully take the life of Roger Whetmore. Obviously, in every sense of that statute, the defendants are guilty. This is where all the difficulties of the case take action. Al l these difficulties trace back to a single source, and that source is the failure to distinguish the legal from the moral aspect of this case. Truepenny, Foster, and Tatting do not like the fact that evidence against the defendants proves them guilty. But unlike them, Keen puts his personal feelings aside and takes the liberty to uphold the law of his Commonwealth. It is the responsibility of the judiciary to enforce faithfully the written law, and to interpret the law in accordance with its plain meaning without reference to our personal desires or our individual conceptions of justice. The process of judicial reform requires three steps:1) Divine some single purpose which the statute serve 2) Discover that a mythical being called the legislature, in thepursuit of this imagined purpose, over looked something orleft some gap or imperfection in his work. 3) To fill in the blank thus created, Quod erat faciendum. This case is a model for all models in cases that illustrate the gap-filling process. If we do not know the purpose of Sec. 12-A, how can we possibly say there is a gap in it. Only the draftsmen of that statute actually know the true meaning of murder. Keens decision is a hard decision and that type is never a popular one. Keen concludes that the conviction should be affirmed. Justice Handy is the fifth and final justice to preside over this case. Handy is amazed at his colleagues ability to throw an obscuring curtain of legalisms about every issue presented to them for decision. Handys only disappointment was that his fellow Justices failed to arise the issue of the legal nature of the bargain struck in the cave. Whether it was unilateral or bilateral, and whether Whetmore could not be considered as havingrevoked an offer prior to the murder. Handy takes the point of view that government is a human affair, and men are ruled by other men, not words on paper or abstract theories. Of all the branches of government, the judiciary is the most likely to touch with the common man. The public tends to keep a tie between the law and man. A newspaper held a poll that said what do you think the Supreme Court should do with the Speluncean Explorers? Ninety percent of those who reported back expressed the belief that the defendants should be pardoned. Handys concluding remark has to do with executive Clemency. Due to the Chief Executives aging years, he feels he is incapable of handing these men pardons. He holds very stiff notions. The public clamor will not uphold with him for it actually has a reverse affect. So in return, Justice Handy finds the defendants innocent of the crime charged, and that the conviction and sentence should be set aside. The Supreme Court, being evenly divided, the conviction of the court of General Instances is affirmed. Each defendant is ordered to be hanged around the neck until death. In conclusion, I feel this case if it was real would of been very interesting to see unfold. In todays society I think that the defendants would have been pardon for the crime they committed. If they were not pardoned I do not think execution would have been an option. This case was very interesting to read. You can look at what happened as murder or survival of the fittest. There are so many different opinions and ways you can look at what happen. If you believe that precedents and statues are what need to be followed with no exceptions, then yes the four defendants should be found guilty and sentenced to death. If you think that under the circumstances the actions that were taken for the four to survive were reasonable, then yes they should be pardoned. If I was in the cave I dont think I would of just raffled my life away. It is hard for me to even think of eating a dead body, so it is even harder for me to think of what I would of done if I was in that situation. As I am sitting in front of the computer typing this paper in a climate controlled room, with dinner consumed less than two hours ago I would have to say that what I would of done is not kill or raffle for some ones death. What I would suggest is no one gets killed, but the first one to die is eaten. This is the only logical decision I can think of. Why should anyone sacrifice their life for me. Its not like one persons life is more important than the other. If I was the judge on this case I would have found them guilty of murder, but sentence them to two years of therapy, and not death or prison time. I would sentence them to therapy because if you eat a dead person I pretty sure your going to have some kind of psychological problems. Bibliography: