Thursday, March 19, 2020

Leonard Peltier Case essays

Leonard Peltier Case essays One of the modern Native Americans' most prominent leaders, Leonard Peltier, was arrested in the summer of 1975 and eventually sentenced to two life terms for a crime many believe he did not commit. The conviction and imprisonment of Leonard Peltier is an injustice. His prosecution by the United States government represents yet another attempt to snuff out American Indian culture and leaders. The outspokenness of Peltier and other AIM members may be the only reason why Leonard Peltier has sat in prison for the last 24 years. Leonard Peltier is a Native American of mixed blood, being approximately 75 percent Sioux blood. His early life could be there story of almost any Native American growing up in the 1960's. Born in Grand Forks, ND, he was raised in poverty on "the res,"" as Peltier says in his book, My Life Is My Sundance, "My Grandfather used to come home from the store with our rations, and I would always ask him why he couldn't bring more" (24). Peltier was later removed by the Bureau of Indian Affairs (BIA) to a boarding school after his grandfather passed away. This unsanctioned removal was Leonard's first taste of the intrusion of the US Government into Native American life. At the school, the BIA attempted to strip all Indian qualities, including cutting the boy's long hair. The school was ruled by a strict superintendent, which meant frequent and excessive punishments. "The sound of a child being struck and the screaming and crying that follows still haunts me today. I can't bear t o see a child spanked" (Peltier, 26). A few years later, a teenaged Peltier was allowed to call home and go back living with his family on the Turtle Ridge Reservation in North Dakota. He soon received his first taste of racism when a group of white boys began throwing rocks at him. As Leonard relates in Peter Matthiessen's In The Spirit Of Crazy Horse, "One of the older ones said, He's a dirty...

Tuesday, March 3, 2020

Direct-Object Pronouns in Spanish

Direct-Object Pronouns in Spanish In Spanish as in English, a direct object is a noun or pronoun that is directly acted upon by a verb. In a sentence such as I see Sam, Sam is the direct object of see because Sam is who is seen. But in a sentence such as I am writing Sam a letter, Sam is the indirect objects. The item being written is letter, so it is the direct object. Sam is the indirect object as one who is affected by the verbs action on the direct object. A difference with Spanish, however, is that the set of pronouns that can be direct objects differs slightly from those that can be indirect objects. The 8 Direct-Object Pronouns of Spanish Here are the direct-object pronouns along with the most common English translations and examples of their uses: me - me - Juan puede verme. (John can see me.)te - you (singular familiar) - No te conoce. (He doesnt know you.)lo - you (singular masculine formal), him, it - No puedo verlo. (I cant see you, or I cant see him, or I cant see it.)la - you (singular feminine formal), her, it - No puedo verla. (I cant see you, or I cant see her, or I cant see it.)nos - us - Nos conocen. (They know us.)os - you (plural familiar) - Os ayudarà ©. (I will help you.)los - you (plural formal, masculine or mixed masculine and feminine), them (masculine or mixed masculine and feminine) - Los oigo. (I hear you, or I hear them.)las - you (plural feminine formal), them (feminine) - Las oigo. (I hear you, or I hear them.) The differences between these pronouns and the indirect objects are found in the third person. The indirect third-person pronouns are le and les. Note that lo, la, los, and las can refer to either people or things. If they are referring to things, be sure to use the same gender as the name of the object being referred to. Example: Where the noun is masculine: Tengo dos boletos.  ¿Los quieres? (I have two tickets. Do you want them?)Where the noun is feminine: Tengo dos rosas.  ¿Las quieres? (I have two roses. Do you want them?) If you dont know the gender of the direct object, you should use lo or los: No sà © lo que es porque no lo vi. (I dont know what it is because I did not see it.) Word Order and Direct-Object Pronouns As you can see from the above examples, the location of a direct-object pronoun can vary. In most cases, it can be placed before the verb. Alternatively, it can be attached to an infinitive (the form of the verb that ends in -ar, -er or -ir) or a present participle (the form of the verb that ends in -ndo, often the equivalent of English verbs that end in -ing). Each sentence in the following pairs has the same meaning: No lo puedo ver, and no puedo verlo (I cant see him).Te estoy ayudando, and estoy ayudndote (I am helping you). Note that when the direct object is added to a present participle, it is necessary to add a written accent to the last syllable of the stem so that the stress is on the proper syllable. Direct-object pronouns follow affirmative commands (telling someone to do something) but precede negative commands (telling someone not to do something): està ºdialo (study it), but no lo estudies (dont study it). Note again that an accent needs to be added when adding the object to the end of positive commands. Le as a Direct Object In some parts of Spain, le can substitute for lo as a direct object when it means him but not it. Less commonly in some areas, les can substitute for los when referring to people. You can learn more about this phenomenon in the lesson on leà ­smo. Sample Sentences Showing Use of Direct Objects Direct objects are shown in boldface: Me interesa comprarlo, pero ms tarde. (I am interested in buying it, but much later. The me in this sentence is an indirect object.)Tu nariz est torcida porque tu madre la rompià ³ cuando eras nià ±o. (Your nose is bent because your mother broke it when you were a boy. La is used here because it refers to nariz, which is feminine.)Puedes vernos en el episodio 14. Nos puedes ver en el episodio 14. (You can see us in Episode 14. Both of these sentences mean the same thing, as the direct object can either come before the verbs or attached to the infinitive.)Te quiero mucho. (I love you a lot.) Key Takeaways A direct object is a noun or pronoun that is acted on directly by a verb.In Spanish, direct- and indirect-object pronouns can differ in the third person, unlike in English.When the direct object of a verb is the equivalent of it, in Spanish you need to vary the gender of the pronoun according to the gender of the noun being referred to.

Sunday, February 16, 2020

English Language Learner do not Need to Become Perfect Speakers Essay

English Language Learner do not Need to Become Perfect Speakers - Essay Example One of the popular perceptions is that English learners needs to be perfect in the learning and should acquire the capability to speak flawless English. This is not a true scenario and it is just a general perception which could be disproved. It is not that the world comprises only of those people who know to read, write and speak English (Carrasquillo, A 1994). This paper will deal with the popular perceptions that are generally associated with language and its uses. Through a thorough, analysis and discussion, the paper will open up through facts that a person who is learning English need not have a great command over it in order to attain success in all of his dealings. It will also bring a clear picture that not all are good at English and there is no necessity to be afraid of being singled out in the learning process. Learning the basics of English is necessary for an effective communication and if one can put across the information confidently in an understandable manner, then the purpose is served well. There are different versions of English language available in the global scenario and this stands evidence that the language does not have a particular form. It adapts and evolves according to the place where the language is spoken. Thus, the essential part here remains the ability to communicate to the other party so that they can understand what is being said. Many people across the world give preference in learning their native language and take up English only as their second language. Except few English speaking countries, a vast majority of countries have only second language English speakers. This stands evident to the fact that a person who is learning the language need not be too specific about speaking perfect, flawless English as the person may often get to interact with other second language speakers of English rather than perfect English speakers (Mukherjee, J & Hundt, M 2011). Business English is fast evolving as the perfect medium of commun ication when it comes to trade and commerce. Business English learning is taken by non-native people who want to learn English as a second language. The learning form helps the people to communicate effectively in the world business forum and they were able to turn out great results using the communication. In this particular form of English learning, the rules as to strict grammar and sentences are not used; rather, the language is used for communicating effectively so that the other party can get to understand the conveyed message immediately. All the aspects of business communications like presentations, meetings and negotiations can be delivered with greater efficiency (Goudswaard, G 2006) If we take the case of International English, it is not something that is too perfect if the rules of English are concerned but it is the widely used form of communication. The world is composed of people speaking different languages and thus, it is not a necessity that the perfect English spe aker tag need to be carried around. Ultimately, we need to deal with more number of second languages English speakers than the native English speakers. All that the second language English speaker needs to do is to master the art of putting across the information in an understandable manner and there is no necessity to make rigid. In fact, many people would prefer a casual business discussion where only the subject matter of discussion is given utmost importance rather

Sunday, February 2, 2020

Final reflection Essay Example | Topics and Well Written Essays - 750 words - 1

Final reflection - Essay Example With the help of my tutors I have been able to assess my progress in both learning and writing depending on my improved efficiency in terms of creating texts from what I learn. In the thought of Earl personal assessment helps a student gauge their strengths and weaknesses in their education system (56). My writing process has been significant in my experience and an active learner. My writing has shifted from simple writing to a much complex form of writing based on the complexity of the content. The content in my texts have grown significantly showing that I have been able to be an active writer based on the skills and experience in acquire in class. Apart from the content, the creation of words and texts in my texts can now be related to mature student. My performance in writing has been steady and exceptional since my first inducement in writing. The same sentiments can be shared in my active learning process. Based on attentiveness, the ability to apply skills taught, completing tasks effectively and relating to activities in class to real world experiences. According to Earl, learning is measured by the way in which an individual completes test that involves the application of learned materials (77). My experience in close reading and contextualization has grown significantly since I have acquired more efficient reading and text analysis skills. The ability of a student to read and analyze texts effectively is based on their prowess in their reading skills and comprehension skills which is acquired through active learning. Working with peers in my active learning and writing process has been helpful is sharpening my skills working with my peers has greatly increased my communication skills. My ability of creating studying and professional relationships has also been increased by my involvement in working with my peers. In an argument by Earl, learning systems should have peer based tools to help boost the studying ability of all students though a related a nd appropriate support (87). In my relationship to my class I have learned a lot in the practices and activities the class have been involved in. I have been participating in numerous class activities including groups activities based on tasks provided by instructors. In group tasks I have led different groups towards completion of requirements such as reading and writing assignments, creating projects outlines, completing research projects and engaging in oral contests. Apart from learning from these activities, groups’ activities in class enhanced my relationship in thus class in terms of having the will to learn and being happy in my learning environment. According to Earl, in active learning the type of perception a learner creates in their class /environment is important in their quest for education (123). Additionally, other participations in my class revolved around completing different forms of assignments. For instance, I completed annotated bibliographies, research assignments, oral and practical exams, projects, interviews, text critiques and final exams and continuous assessment tests. These assessment tools increased my level of concentration and participation in class activities. At the beginning of my class, I had poor writing and learning skills. I did not have the ability to create visual creations of what I acquired in class. This was only to change if I had to create an effective relationship with

Saturday, January 25, 2020

The Characteristics Of Culture Theology Religion Essay

The Characteristics Of Culture Theology Religion Essay Biologically speaking, we humans are social beings. We need our parents to be born, and once that happens; even though we are considered single individuals with a brain and mind that let us think and learn, we do not isolate ourselves from the rest of the people. On the contrary, all we do is to follow our peers. We gather in groups, and these groups constitute subgroups again. This is the basic method we follow to successfully organise and build up our social structure to satisfy our several needs. The first of these groups is our family, and from here we span to neighbourhoods; communities of different kinds, that we joined based on a particular interest, such as: religious, sports, academic, musical, labour, political, ideological, etc. These groups grow in number to form states and then countries or nations. All these people together establish a society. Societies differ from one another and every single one of them is unique, particular and characterised for a distinctive feature that we call culture. Culture is that complex absoluteness that we learn day by day. It is everything with which we fill and give sense to our existence. The way we wear, think, believe, act, speak, perceive are all framed and shaped by the ideas, concepts, values that are part of a specific culture. Through culture we learn to adapt ourselves in this physical world, manipulating the available resources for our own welfare and we also shape our behaviour to avoid a social chaos. Concepts of Culture Culture is neither natural nor artificial. It stems from neither genetics nor rational thought, for it is made up of rules of conduct, which were not invented and whose function is generally not understood by the people who obey them. Some of these rules are residues of traditions acquired in the different types of social structure through which each human group has passed. Other rules have been consciously accepted or modified for the sake of specific goals. Yet there is no doubt that, between the instincts inherited from our genotype and the rules inspired by reason, the mass of unconscious rules remains more important and more effective; because reason itself is a product rather than a cause of cultural evolution. Claude LÃ ©vi-Strauss, 1983. Culture means the whole complex of traditional behavior which has been developed by the human race and is successively learnt by each generation. A culture is less precise. It can mean the forms of traditional behavior which are characteristic of a given society, or of a group of societies, or of a certain race, or of a certain area, or of a certain period of time. Margaret Mead, 1937. Culture is the integral whole consisting of implements and consumers goods, of constitutional charters for the various social groupings, of human ideas and crafts, beliefs and customs. Whether we consider a very simple or primitive culture or an extremely complex and developed one, we are confronted by a vast apparatus, partly material, partly human, and partly spiritual, by which man is able to cope with the concrete specific problems that face him. Bronislaw Malinowski, 1944. Culture embraces all the manifestations of social behavior of a community, the reactions of the individual as affected by the habits of the groups in which he lives, and the product of human activities as determined by these habits. Franz Boas, 1930. Characteristics of Culture Culture is learnt: as soon as we are in contact with other members of our culture, we start learning all about it; therefore, we can assume that culture is learnt rather than inherited biologically. A human being will learn the culture of the society where he is raised; thus, a person that is born in Australia would not practise the same culture if he had been born in Poland. In this context we are different from animals since they are biologically built in a way that they will know how to behave and act naturally even if they grew in isolation. Culture is shared: if culture is learnt, we can state that it is also shared. We share all knowledge among the members of the same society. This way we pass on the standards of our culture along years keeping it alive. As we are social beings, we have a high tendency of sharing and this feature let us improve as a whole. By sharing we provide the necessary tools that are used for a gentle adaptation in all stages and environments we go through in our lives. Culture is integrated: culture itself is not a single unit. It is a complex whole in which every feature that characterizes it has an important role that makes that culture distinctive and peculiar. All these features function integrated and not separately from one another. This way when a feature changes, it affects to the whole system making it also swift. Culture is dynamic: there are some reasons such as: population growth, technological innovation, environmental crisis, intrusion of outsiders, modification of behaviour, etc; that have made cultures change. That is why cultures must be flexible and dynamic in order to adapt constantly to the new changes and avoid repression of his members. Culture is based on symbols: culture has been transmitted among its members along the years through a set of different symbols. Symbols are then the instrument used to pass on culture and keep it alive from generation to generation, and language is the most important one. Functions of Culture According to Bronislaw Malinowski (1884 1942) the function of culture is to fulfill certain biological and psychological needs people share. Cultures are expected to fulfill certain functions in order to lead a society successfully and some of them might me: Guarantee the biological continuity of its members. Provide practical means to pass on knowledge among members. Meet the psychological and emotional needs of its members. Being flexible enough in order to survive the increasing shifting conditions. Offer strategies for the rational production and distribution of goods and services considered necessary for life. Provide an organised and diverse social structure so that all its members can fit in it and also understand the world in their own means. Facilitate social interactions among its members and offer reasonable ways to avoid or resolve conflicts that might rise within the group as well as with outsiders. Allow human beings to adapt the environment to their own purposes. Social interactions do not refer to only relationships among human beings but also and deeply with nature. The survival of all cultures depends on the way they use and treat nature. A well-working culture is the one that satisfies the different groups within the society as equally as possible; thus, its individual members can all have access to the resources available in the community and achieve their personal and collective goals. This will avoid the members to feel unsafe and unattached; therefore, they will not easily fall into anti-social behaviours, such as: violence, crime, suicide, depression, abuse of drugs, etc. Enculturation and Acculturation Every single culture is learnt by their members and transmitted from person to person and from generation to generation to avoid its absolute disappearance. The most important instrument used to carry this out is language. The process of passing on knowledge among people is what we call enculturation. This process is vital to guarantee the survival of the culture, but it is also significant to do it in the most smoothly manner to avoid any disruption among members and also among the features of the culture being transmitted. Enculturation let us understand the past so that we can make a better sense of the present and therefore plan a more sustainable future for the welfare of our species. This process also gives us the opportunity to find out more about ourselves; our ancestors and origin; where the way we think and perceive the world, our values and beliefs come from. When enculturation is carried out in the proper manner, the members of all cultures grow up closer to their past, revitalizing the core values that make their cultures unique and distinct from all others. They also grow up in an environment characterized by the deep pride of belonging to one particular culture and behave with strong ideas of maintaining their culture alive; albeit the irrevocable changes they must go through. There is also another phenomenon that cultures might experience, consisting on the absorption of one culture over another one, called acculturation. This usually happens when industrialized or capital societies influence highly over traditional small societies to the point of modifying them completely. Once they are in contact, the former shapes and converts the latter one. The small society adopts the culture of the powerful one as the final outcome. This process is similar to that of colonization. It is especially more noticeable now that we live in a globalized world; where the small societies are usually the most affected ones. Ethnocentrism and cultural relativism There is generally a bad habit of criticising other peoples behaviour but most of all to judge the way other cultures function. When we find ourselves interacting with people from other cultures, or simply see it on the media; we get surprised by the different manners they behave, think and express in similar situations. There is nothing wrong with comparing cultures, in fact, this way we learn more about others and value ours, too. We must keep in mind that when comparing, we should adopt an unbiased position in order to understand the best way possible why other people do things in the way they do, and avoid unsupported preconceptions. The term that refers to what it is mentioned in the paragraph above is ethnocentrism: the belief that the way that ones own culture functions is the only proper and correct one, while all others are wrong. In order to avoid making fast judgements or simply incorrect conclusions; anthropologists, when studying cultures, always put into practice what they call cultural relativism which is the idea that we must suspend or postpone judgement of other peoples practices until we acquire a full understanding of the culture in which we are interested; so as to understand them in their own cultural terms. It is important to clarify that in this process what it is done is to put off ones judgement towards another culture, it is neither precipitated nor cancelled. Through cultural relativism it is possible to hold our judgements and perceptions about the culture being observed to the last stage; in order to take down accurate data and keep valid records; furthermore, avoid preconceptions influenced by ethnocentrism. Conclusion Along history not only humans have changed, but also the way we live. In our search for a better and more comfortable world for us to inhabit; we have made an irrational and abusive use of natural resources. We have damaged nature to such extreme points to threaten our own survival. Most of the societies around the world, influenced by the western fashion have turned into very consumerist ones; the ideas and values that used to grasp societies together are now stirring political discomfort and creating social inequality because the leaders and members of our societies are more tented to achieve personal and individual profits at any cost to work collectively so that every member can accomplish his personal and collective needs. The process of changing is unstoppable; everything needs to keep changing constantly to stay alive; therefore a culture that does not adjust its features simple disappears. The most important affected feature of a culture is its language. Language is that particular faculty that differentiates us from animals and makes us a unique and rational species. Through language we humans are able to express our feelings, thoughts, ideas and most importantly to transmit our culture from one generation into another one, assuring its survival along years. Many languages have already disappeared, mainly as a result of the process of acculturation; and with the languages, also ways of thinking, expressing, seeing, perceiving are gone. This way the world becomes small and intrinsic, losing authenticity and variety provided for the distinct and diverse manners of receiving, understanding, analyzing, shaping and living this world. For a culture to survive is not enough to shift. It should do it in a way that it can guarantee that its members will satisfy their biological and social needs; thus, the whole society will feel competent and safe; therefore, it will behave proudly and mutually to keep it alive.

Friday, January 17, 2020

Finance Case

CASESTUDY: Goodweek Tires, Inc. After extensive research and development, Goodweek Tires,Inc. , has recently developed a new tire, the SuperTread, and must decide whether to make the investment necessary to produce and market the SuperTread. The tire would be ideal for drivers doing a large amount of wet weather and off-road driving in addition to its normal freeway usage. The research and development costs so far total about $10 million. The SuperTread would be put on the market beginning this year and Goodweek expects it to stay on the market for a total of four years.Test marketing costing $5 mil-lion shows that there is a significant market for a SuperTread-type tire. As a financial analyst at Goodweek Tires, you are asked by your CFO, Mr. Adam Smith, to evaluate the SuperTread project and provide a recommendation on whether to go ahead with the investment. You are informed that all previous investments in the SuperTread are sunk costs and only future cash flows should be conside red . Except for the initial investment which will occur immediately; assume all cash flows will occur at year-end.Goodweek must initially invest $120 million in production equipment to make the SuperTread. The equipment is expected to have a seven-year useful life. This equipment can be sold for $51,428,571at the end of four years. Goodweek intends to sell the SuperTread to two distinct markets: 1. The Original Equipment Manufacturer (OEM) Market The OEM market consists primarily of the large automobile companies (e. g. , General Motors) who buy tires for new cars. In the OEM market, the SuperTread is expected to sell for $36 per tire. The variable cost to produce each tire is $18. 2.The Replacement Market The replacement market consists of all tires purchased after the auto-mobile has left the factory. This market allows higher margins and Goodweek expects to sell the SuperTread for $59 per tire there. Variable costs are the same as in the OEM market. Goodweek Tires intends to rai se prices at 1 percent above the inflation rate. Variable costs will also increase 1 percent above the inflation rate. In addition, the SuperTread project will incur $25 mil-lion in marketing and general administration costs the first year (this figure is expected to increase at the inflation rate in the subsequent years).Goodweek’s corporate tax rate is 40 percent. Annual inflation is expected to remain constant at 3. 25 percent. The company uses a 15. 9 percent discount rate to evaluate new product decisions. The tire market Automotive industry analysts expect automobile manufacturers to produce 2 million new cars this year and production to grow at 2. 5 percent per year thereafter. Each new car needs four tires (the spare tires are undersized and are in a different category). Goodweek Tires expects the SuperTread to capture 11 percent of the OEM market.Industry analysts estimate that the replacement tire market size will be 14 million tires this year and that it will grow at 2 percent annually. Goodweek expects the SuperTread to capture an 8 per-cent market share. You decide to use the MACRS depreciation schedule (seven-year property class). You also decide to consider net working capital (NWC) requirements in this scenario. The immediate initial working capital requirement is $11 million, and thereafter the net working capital requirements will be 15 percent of sales. What will be the NPV, payback period, discounted payback period, AAR, IRR, and PI on this project?

Thursday, January 9, 2020

A Review of Keatings Distributive and Corrective Justice in the Tort Law of Accidents - Free Essay Example

Sample details Pages: 7 Words: 2234 Downloads: 3 Date added: 2017/06/26 Category Law Essay Type Narrative essay Topics: Justice Essay Tort Essay Did you like this example? Gregory C. Keating[1] is a professor of Law and Philosophy at the University of Southern California and teaches legal ethics, seminars and torts in political and legal philosophy. He is also an editor of a torts casebook and writes on torts, legal theory and professional responsibility. Don’t waste time! Our writers will create an original "A Review of Keatings Distributive and Corrective Justice in the Tort Law of Accidents" essay for you Create order In his Article Distributive and corrective justice in the tort law of accidents'[2], Keating explains that the theoretical foundation of tort theory is torn between two competing conceptions, the justice conception and the economic conception, where the former takes tort law of accidents to be continuous with our ordinary notions of agency and responsibility, carelessness and wrongdoing, harm and reparation'[3] and the latter supports that tort accident law should express an appropriate scientific conception of human welfare. Keating argues that theorists in the justice conception have generally supported that, in tort law, justice is a matter of corrective justice, concerned all but exclusively with the rectification of losses wrongfully inflicted and although he supports that this is an attractive position, since rectification is central to tort accident law, he challenges that belief, arguing that the advantages of corrective justice have however come at a cost[4]. He firstl y supports that the rhetoric of tort law is rife with appeals to fairness'[5] and the arguments about fairness have been difficult to fit into a corrective justice framework. Secondly he argues that theorists of the corrective justice conception have been led to place great weight on the concept of wrongdoing, which has led to overemphasizing the attractiveness and importance of negligence liability and has made strict liability difficult to justify, whereas distributive justice helps to justify and explain the existence of strict liability in tort law.[6] Keating therefore supports that tort law should be only secondarily matter of corrective justice and primarily a matter of distributive justice, a matter of the fair apportionment of the burdens and benefits of risky activities. As Keating presents, distributive justice views the law of torts from the point of view of those affected by it and has its roots in the social contract tradition[7], asking what they might reasonably e xpect of each other in the way of reparation and precaution. On the other hand, Keating supports that there is not a single agreed-upon account regarding corrective justice and therefore he uses the corrective justice conception of Jules Coleman[8] as his touchstone, concluding that corrective justice consists of four elements[9], firstly it applies to human agency, secondly it is concerned with repair or rectification, thirdly it is concerned with rectifying a kind of wrongdoing, with wrongful losses in Colemans case, and fourthly, it involves correlativity. Keating argues that the tort law of accidents, on the fairness conception[10], is only secondarily a matter of corrective justice and primarily a matter of distributive justice. He goes on to say that, the tort law of accidents, implied by the idea of fairness, is and should be concerned with the fair distribution of the benefits and burdens of mutually beneficial but harmful activities. Fairness requires that those who impo se risks also bear the accident costs which issue from those risk impositions and this conception of fairness gives rise to a presumption in favor of strict liability. Therefore, the corrective dimension of strict liability, which is the reparation for harm reasonably inflicted by the injurer to the victim, is the offspring of a deeper distributive dimension, which is also the case in negligent liability. Keating further argues that the link between disrespect and negligence makes negligence liability[11] an instance of corrective justice since the duty to repair a negligently inflicted injury is a duty to make right a harm wrongly inflicted. However, Keating underlines that even here corrective justice is embedded in distributive justice firstly, because negligent liability is fully justified only when it is distributively fair and secondly since the norms of due care strike a fair balance between the competing claims of liberty and security, when negligence liability is properly a rticulated. Keating argues that negligence upsets this fair distribution of precaution and risk and supports that the upshot of this[12] is that victims claims to reparation, even when those claims sound in corrective justice, rest at bottom on a conception of distributive justice. Keating concludes that a law of accidents[13] which attends to the distribution of the benefits and burdens of risky activities is more just than one which attends only to the rectification of injuries wrongly inflicted. In other words, a law o accidents which is not only distributively fair, but also correctively just, is more just than a law of accidents which is only correctively just. The controversy concerning the appropriate purpose of tort law continues to rage[14] with some scholars advocating that tort rules should minimize accident costs as an instrument for maximizing social welfare and wealth and others arguing that, as a matter of corrective justice, tort rules should fairly protect the individuals right to physical security. These two conceptions of tort law are both fundamentally incompatible and mutually exclusive and therefore, it seems that the tort system has to choose between efficiency and fairness. The economic analysis of tort law, throughout its history, has focused almost exclusively in one main question regarding how should tort rules be formulated in order to minimize the social cost of accidents. Although, the economic analysis of tort law is controversial,[15] since it is highly questioned whether tort law should minimize accident costs to the exclusion of fairness concerns, it can play an important role in formulating tort rules designed to protect fairly individual rights. By identifying such a role, it can be showed that it is possible to conceptualize tort law in a unified manner, one that fully accounts for the central tenets of welfare economics and the fair protection of individual rights. The controversy associated with the economic a nalysis of tort law was first stirred up by the provocative work of Richard Posner. Although he was not the first to apply economic analysis to tort law, Posner strongly influenced the newly developing field by forcefully propounding the claim that tort law should maximize wealth by minimizing accident costs[16]. The approach subsequently foundered as scholars, including Posner, recognized that cost-benefit analysis cannot determine initial entitlements, the basic architecture of any legal rule.[17] This limitation of economic analysis was then addressed by Louis Kaplow and Steven Shavell, who have constructed a proof showing that a à ¢Ã¢â€š ¬Ã…“fairà ¢Ã¢â€š ¬Ã‚  tort rule can make everyone worse off than the welfare-maximizing tort rule.[18] This outcome violates the Pareto principle, which requires any change in liability rules that would make at least one person better off and no one worse off. By showing how a principle of fairness can block a change in rules that wou ld make everyone better off, Kaplow and Shavell provide a reason for rejecting a fair tort system in favor of one that maximizes welfare consistently with the Pareto principle. A welfare-maximizing tort system ordinarily relies upon cost-minimizing liability rules, thereby reestablishing the single role for economic analysis in tort law.[19] All issues of concern to the tort system ought to be resolved in the cost-minimizing manner, the general method for maximizing social welfare and wealth. Not surprisingly, the claim that tort law ought to be nothing more than an exercise of welfare economics has provoked an equally extreme response from critics. The most forceful critique has come from those who maintain that tort liability is best justified by the principle of corrective justice.[20] The principle is grounded in a conception of individual rights and obligations, giving one who is responsible for the wrongful losses of another a duty to repair those losses.[21] This justif ication rules out the economic analysis of [tort] law.'[22] Despite the claims of exclusivity made by the proponents of efficiency and fairness, each conception of tort liability is included in the common understanding of tort law. The most widespread understanding of tort law, developed by the work of a large number of the most influential tort scholars in the Twentieth Century, maintains that the purpose of tort law is to compensate and deter.[23] The compensatory function relates to fairness concerns, and the deterrence function relates the economic rationale for tort liability. This understanding of tort law has been adopted by the Restatement (Third) of Torts, which justifies negligence liability à ¢Ã¢â€š ¬Ã…“as remedying an injustice inflicted on the plaintiff by the defendantà ¢Ã¢â€š ¬Ã‚  and à ¢Ã¢â€š ¬Ã…“providing the defendant with appropriate safety incentives [which] improves the overall welfare of society, and thereby advances economic goals.à ¢Ã¢â€š ¬Ã‚  [24] Rather than solve the dispute regarding the appropriate roles of efficiency and fairness in tort law, the compensation-and-deterrence rationale may merely restate the problem. The rationale, in other words, may embody a problematic conception of tort liability. A cost-minimizing tort system is incompatible with the adequate protection of individual rights.[25] The deterrence rationale for tort liability also appears to be incompatible with the compensatory rationale.[26] The compensation-and-deterrence rationale therefore may embody conflicting rationales rather than providing a unified conception of tort liability. Such a mixed understanding of tort law is problematic. à ¢Ã¢â€š ¬Ã…“Understood from the standpoint of mutually independent goals, [tort] law is a congeries of unharmonized and competing purposes.à ¢Ã¢â€š ¬Ã‚ [27] In order for the deterrence-and-compensation rationale to offer a unified conception of tort law, it must find justification in a theory capa ble of explaining the compensation and deterrence functions of tort law. Such a unified conception must also be capable of explaining the varied roles of efficiency and fairness concerns in tort law. A unified conception cannot depend on the conventional economic analysis of tort law due to its exclusion of fairness concerns. A unified conception must instead depend on some other form of economic analysis, one appropriate for a fair tort system. It is an open question whether a rights-based fairness norm like the principle of corrective justice can be complemented by economic analysis.[28] No doubt, many believe that this question has been ignored for good reasons. The conventional economic question is forward-looking: Would liability in this case minimize accident costs by deterring accidents in the future? That inquiry seems to be utterly irrelevant to the backward-looking normative question: Is compensation in this case warranted because the defendant was responsible for vi olating the plaintiffà ¢Ã¢â€š ¬Ã¢â€ž ¢s right? Despite superficial appearances, the idea that economic analysis is incompatible with or irrelevant to a principle of fairness is probably mistaken. Economic analysis can have an important role to play in a fair tort system, one that significantly differs from its role in an efficient tort system. Top of Form Bottom of FormThis unified conception incorporates economic analysis into a fair theory of tort law. Under this approach, the individual right to physical security constrains the ability of the tort system to promote social welfare. The constraint yields rights-based tort rules that are consistent with the Pareto principle and satisfy the equity-efficiency criterion, the two central tenets of welfare economics. The approach is illustrated by a rights-based conception of fairness that adequately describes the important tort doctrines while unifying the compensation and deterrence functions of tort law. As this example illustrate s, the constraint imposed by a rights-based principle does not make welfare considerations irrelevant. It merely defines the conditions under which tort rules can appropriately rely upon welfare considerations. Further analysis shows why any rights-based tort system is likely to provide an important role for economic analysis, one that operates within the constrained space of welfare concerns. The economic inquiry no longer exclusively focuses on the minimization of costs. Freed from such a limited and controversial role, economic analysis becomes integral to a unified conception of tort law. [1] George Conk, Nishida v. Pharmacia/Monsanto Torts Scholars Amicus Brief (2013) accessed 25 February 2015 [2] Gregory C. Keating, Distributive and Corrective Justice in the Tort Law of Accidents [ 2000 ] Vol. 74:193 [3] ibid 193 [4] ibid 195 [5] ibid [6] ibid [7] ibid 196 [8] ibid 197 [9] ibid [10] ibid 200 [11] ibid 201 [12] ibid [13] ibid 224 [14] Mark Geistfeld, Economic Analysis in a Unified Conception of Tort Law (2003) accessed 25 February 2015 [15] Jules L. Coleman, The Grounds of Welfare (2003) 112 YALE L. J. 1511 accessed 25 February 2015 [16] RICHARD A. POSNER, THE ECONOMICS OF JUSTICE (1981) accessed 25 February 2015 [17] Lewis Kornhauser, The Economic Analysis of Law (2011) accessed 25 February 2015 [18] Louis Kaplow Steven Shavell, The Conflict Between No tions of Fairness and the Pareto Principle (1999) accessed 25 February 2015 [19] LOUIS KAPLOW STEVEN SHAVELL, FAIRNESS VERSUS WELFARE (2002) accessed 25 February 2015 [20] JULES L. COLEMAN, THE PRACTICE OF PRINCIPLE: IN DEFENCE OF A PRAGMATIST APPROACH TO LEGAL THEORY (first published in 2001, Oxford University Press Inc., New York) [21] ibid [22] ERNEST WEINRIB, THE IDEA OF PRIVATE LAW (First Edition Published in 2012, Oxford University Press Inc., New York ) [23] Mark Geistfeld, Economic Analysis in a Unified Conception of Tort Law (2003) accessed 25 February 2015 [24] ibid [25] ibid [26] ERNEST WEINRIB, THE IDEA OF PRIVATE LAW (First Edition Published in 2012, Oxford University Press Inc., New York ) [27] ibid [28] Robert Cooter, Torts as the Union of Liberty and Efficiency: An Essay on Causation (1987) accessed 25 February 2015