Palsgraph

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Palsgraf V. Long Island Railroad

Palsgraf v. Long Island Rail is one of the most influential court cases of the 1th century. The case tested the rules of negligence. The case was first heard in a jury court and the jury sided with the plantiff. The case was then brought to the Court of Appeals of New York, There the Appelate division was divided.

The case was argued on Febuary 4, 18, in the Courts of Appeal of New York. The dividing Appelant was Pound, Lehman, Kellogg, who concurred with Justice Cardozo. Craine, O'Brien concurred with Andrews.

The case concerned an intending passenger who stood on the platform at the station waiting for her train's arrival. During this time another passenger bound for a different train rushed to board his train that was already in motion. The man was carrying a small package covered by a newspaper as he was attempting to board the moving train. The man as he was attempting to catch the train became seemingly unsteady as if he was about to fall. A guard of the car reached forward to help the man in and another guard on the platform pushed him from behind. During this time the package was dislodged and fell upon the rails. The package actually contained fireworks ( there was nothing in the appearance that gave notice of its contents.) The package exploded when it hit the rails, and caused several scales to fall at the other end of the platform several feet away. The scales struck the plaintiff, causing injuries for which she sued (www.courts.stateny.com)

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Justice Cardozzo represented the majority opinnon. He stated that " the conduct of the guard, if a wrong in its relation to the holder of the package, was not a wrong in its relation to the plaintiff, standing far away." Relatively to her it was not negligence at all (www.Courts.Stateny.com). There was nothing in the situation that gave notice to the falling package. No one knew that the content of the package would result in a peril situation. The appellate argued that "negligence is not actionable unless it involves the invasion of a legally protected interest, the violation of a right" (Pollock, torts 11th edition.)

"The hazard was not apparent to the eye of the ordinary, an act that was innocent and harmless, atleast to outward seeing, with reference to her, did not take itself the quality of a tort because it happened to be a wrong, apparently not on involving the risk of bodily insecurity, which reference to someone else" ( McSherry.) "In every instance, before negligence can be predicted if a given act, back of the act must be sought and found a duty to the individual complaining, the observation of which would have averted or avoided the injury" (www.courts.stateny.com)

The appellant side concluded that "the law of causation, remote or proximate, is foreign to the case that was being presented to them. The question of liability is always anterior to the question of the measure of the consequences that go with liability. If there is no tort to be redressed, there is no occasion to consider what damage might be recoverd if there were a finding of a tort. We may assume, with out deciding, that negligence, not at large or in the abstract, but in relation to the plaintiff, would entail liability for any or all consequences" (www.courts.stateny.com). That negligent conduct is that it threatens the interest of other orders. There the judgment was that the trial should be revered, and the complaint dismissed.

The dissenting, Justice Andrews questioned, that upon the facts presented may the plaintiff recover the damages she suffered? The result he felt would depend upon the theory as to the nature of negligence. "it is a relative concept the breach of some duty owing to particular person or to particular persons?" (Andrews). Andrews also questioned, "Where there is an act which unreasonably threatens the safety of others, is the doer liable for all its proximate consequences even where they result in injury to one who would generally be thought to be outside the radius of danger?

"Negligence may be defined roughly as an act or omission which unreasonably does or may affect the rights of others, or which unreasonably fails to protect oneself from the dangers resulting from such acts" (www.courts.stateny.com.) Andrews confined himself to the first branch of the definition. Nor did he comment on the word "unreasonably". For present purposes he stated " it sufficiently describes that average of conduct that society requires of its members" (www.courts.stateny.com.)

Andrews argued that Mrs. Palsgraf should recover because the railroad employees had given the man who dropped the fireworks a boost to help him board the train. The fireworks were the cause of Mrs. Palsgraf's injuries (Kenneth Elovitz, Energy Economics Inc.) "The act upon which defendant's liability rests is knocking an apparently harmless package onto the platform. The act was negligent, for its proximate consequences the defendant is liable" (www.courts.stateny.com)

The dissenting side concluded that the appellant in his brief did state "it cannot be denied that the explosion was the direct cause of the plaintiff injuries." Therefore, the explosion was the factor that ended in the result. There was a natural and continuous sequence. That the explosion as in this case, needed no great foresight to predict that it would result in the injury of a person or persons on the platform.

The case was decided on may , 18 (www.courts.stateny.com) Four to three gave the appellant side and Justice Cardozo the win. Justice Cardozo then stated that the plaintiff could not recover against the railroad because the railroads employee's didn't intend to harm anyone. Cardozo reasoned the "risk imports relation it is the risk to another or to others with in the range of apprehension." "What we do mean by the word "Proximate" is that, because of convenience, of public policy, of a rough sense of justice the law arbitrarily declines to trace a series of events beyond a certain point"(www.courts.stateny.com)

In my opinion, I feel that the appellant side of the appeals court was right. Justice Cardozo made a valiant point. The workers at the railroad station had no intent to harm any person at the station that day. The guards were doing there job and while saving the mans life had no idea his package had fireworks. If they did not help him he probably would've fell on the tracks and died.

At the same time though you could say they were negligent in the way they checked the package. Stepping back and looking at the time period it took place in. It wasn't one in which people couldn't trust others and terrorism was not known of at the time. I'm sure there were many people that day who were carrying packages that closely resembled that of which the man who had the fireworks was carrying.

After giving points supporting both sides I feel there is overwhelming evidence for the appellate side. For instance say the man dropped the package trying to jump on the train himself with out the guards help. The same injuries would have happened. How then would you be able to blame the railroad?

A similar situation would be if an employee at a company stuck a gun in and shot his fellow workers. Is the company going to be charged with murder? NO. The man would be brought up on the charges and prosecuted to the full extent of the law. Not many people would believe it's the companies' fault.

Every day there are unintended injuries due to accidents. People don't sue highway departments when they get into a car accident even though it took place on the highway. They sue the driver. If Palsgraff wanted to get money from anyone I feel she should've sued the man with the package. It was his negligence that caused this accident. The Railroad was at no fault and although it wasn't a landslide decision it was overturned and ruled in the defendants favor. I feel the court of Appeals of New York served justice right.

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Mac Beth

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Sometimes, a particular scene in a play moves us so deeply, that we are filled with fear, anger or sympathy. Briefly describe a scene or incident that has had this effect on you and, by closely referring to the plot, try to explain why you were so moved.

Shakespeare's "Macbeth" is a powerful and emotional play of lust and treachery. Throughout the beginning of this story, Macbeth is considered as a "brave" and "worthy gentleman", worthy of his title as Thane of Glamis. However, a brief encounter with three witches and their "double-edged" prophecies change his character.

"All Hail, Macbeth! Hail to thee, Thane of Glamis!" one cried

"All Hail, Macbeth! Hail to thee, Thane of Cawdor!" shock fills the knight by this "greeting".

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"All Hail, Macbeth! That shalt be King hereafter" discussing with his colleague and friend, Banquo, of this encounter shortly after, a messenger greets Macbeth, Thane of Glamis, as "Thane of Cawdor" pronouncing his title. Now in disbelief as one of the "weird sisters'" prophecies is true, he informs his wife of his title…and of King Duncan's visit that night.

Throughout the play, Macbeth's personality and mind deteriorates and is corrupted by greed and the lust of becoming King. His wife, Lady Macbeth, persuades that the only way of obtaining the throne is to murder Duncan. The start of Macbeth's persona change can be seen in the incident of the murder of King Duncan, which made me experience feelings of puzzlement and confusion as Macbeth constantly changes HIS feelings on killing Duncan throughout the incident.

Duncan is spending the night at Macbeth's castle, and so is Banquo. Both he and Macbeth meet at night before the murder. I felt anger in this incident, as I was constantly enraged by the fact that the only person that Macbeth is weaker than is Lady Macbeth, who manipulates her husband into murdering Duncan by questioning is masculinity

"When you durst do it, then you were a man; and, to be more than you were, be so much more the man,". I felt pity when Macbeth begins to show signs of stress , for he speaks few words in his replies to Banquo; and when he is alone, the strain shows very clearly. He notices a bizarre spectacle.

"Is this a dagger which I see before me, the handle toward my hand? Come, let me clutch thee"

However, this is not what his eyes reveal, when grabbing for the dagger,

"I have thee not, and yet I see thee still."

"To feeling as to sight? Or art thou but a dagger of the mind, a false creation, proceeding from the heat-oppressed brain?"

The dagger is a hallucination, which reveals that Macbeth is in great emotional stress and that his mind is beginning to collapse.

Although he is first alarmed by the dagger that his imagination has created, he seems to enjoy the horror of the moment. The last lines of the scene could even show a grim humour

"The bell invites. Hear it not Duncan; for it is a knell that summons thee to heaven, or to hell." He mutters to himself, when his wife signals him that the guards are not in patrol in the Kings Chamber.

Before the murder, this incident shows evil and dark intentions of murder and greed. In the later part, however, shows feelings of deep guilt and regret. Coming back to his wife, who greets him with relief and pride "My husband.", Macbeth slowly awakens from the nightmare he has been living in and realises what a terrible crime he has committed. He speaks of the voices he heard

""Still it cried, 'Sleep no more!' to all the house 'Glamis hath murder'd sleep, and therefore Cawdor shall sleep no more, Macbeth shall sleep no more!'"

This ban will be carried out never again will Macbeth, or his wife, have any rest, which is ironic because from time to time throughout the play they comment on their weariness and lack of refreshing sleep.

The lines of the scene show Macbeth's regret in having killed Duncan.

"Wake Duncan with thy knocking! I would thou couldst!" he cries when there is knocking at the doors. He clearly wants Duncan back.

While reading through this incident, I experienced various emotions. Mainly anger, as Macbeth is dependant on his wife's control. I also felt fear, as this scene has showed me that even a brave and noble man like Macbeth, can be corrupted by power.

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Dallas Cowboys

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The Dallaw Cowboys hopes in winning the super Bowl in 004 are slim to none. Alothough of their new coach Bill Parcels, and a new Quarter back they may have a chance. Also, since they dropped Emit Smith and he went to the Cardinals, I believe that the Cowboys have a better chance at winning then the Cardinals. I hope that the cowboys go 15-0 and go all the way to win it vs the Rams. I hope tat there will be something goo that happens to other teams like the New york giants, the new york jets, and the Cincinati Bengals. They all really suck at football since they cant catch the ball, throw the ball or run with the ball. My sister hopes tat the Miami Dolphins win because they really suck. I mean when was the last time u hear something in the news about the Dolphins. I mean did u even hear about them on sportscenter or anything, no. The only time i heard about them was in the NFL draft. O well nothing u can do....If the giants can get Mike tyson to fight tiki barber, then i think that the Bears should be able to get a better offense. I mean did u see the 00 playoffs and season. I mean the bears blew majorly, O well nothing u can do about it. Ok i have to make this essay long so i am now going to randomly put words down, Fish dog cat bird food hamburger ham snake cattime i heard about them was in the NFL draft. O well nothing u can do....If the giants can get Mike tyson to fight tiki barber, then i think that the Bears should be able to get a better offense. I mean did u see the 00 playoffs and season. I mean the bears blew majorly, O well nothing u can do about it. Ok i have to make this essay long so i am now going to randomly put words down, Fish dog cat bird food hamburger ham snake cattime i heard about them was in the NFL draft. O well nothing u can do....If the giants can get Mike tyson to fight tiki barber, then i think that the Bears should be able to get a better offense. I mean did u see the 00 playoffs and season. I mean the bears blew majorly, O well nothing u can do about it. Ok i have to make this essay long so i am now going to randomly put words down, Fish dog cat bird food hamburger ham snake cat. The End

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Sunrise vs Metropolis

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Sunrise and Metropolis both use the expressionist motif to show views of society. Where both demonstrate the downfalls of what modernization can bring to people, they both present different solutions. Metropolis portrays a society controlled by a dictator, but eventually all the problems are solved by a mediator and the society seems to go on mostly like before. In Sunrise a city woman comes and stirs things up in a quiet country village. In the end the evils of the city are expelled and the quiet peaceful life of the locals returns to normal.

Metropolis used darkness and symmetry to show how the industrial workers became part of the machines they ran. The upper class was shown with fluid movements and asymmetrical. Sunrise depicts the people of the city as chic and carefree. The people of the village are shown as peaceful, simple and happy. In Metropolis the functional way that the city runs is disrupted by a woman named Maria. She comes to try and bridge the gap between the upper and lower class. The woman from the city disrupts the lives of a married couple in the village of Sunrise. This woman tries to seduce the married man away from his wife to come to the city with her.

Maria is the person who ultimately causes the happy ending of Metropolis. She unites the city bringing order to the chaos that broods underneath the surface. The woman from the city in Sunrise, however, comes and destroys the peace that resides in the village. This woman nearly causes the wife's death. It is only after the husband nearly kills his wife that he realizes how foolish he had been. A vacation in the city is what ultimately saves their marriage. It is not until after all of this that the evil woman from the city is kicked out of the village.

Metropolis depicts a metamorphosis of the city through a woman. This change signifies that the society has problems, but these problems can be fixed and the society salvaged. Sunrise depicts the city as being destructive and more or less evil. The simple life of the village is what one should prefer; the city is only good for a visit.

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Alcohol

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In Enoch Gordis's article Cognitive Impairment and Recovery from Alcoholism, he talked

about a lot of the effects alcohol can have on the brain. He also talks about how those

effects on the brain change and affect our bodies. This article reflects many of the ideas

and concepts that the class has been faced with and serves as a warning about the

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consequences of drinking. Many people may have friends and family who drink alcohol

socially and they probably know someone who is a drunk, or had their lives changed by a

drunk driver. So this article could touch people on so many levels. Personally my father

and several of my uncles were heavy drinkers for years and three of my friends were

involved in alcohol related automobile accidents. In this country liquor seems to be

emphasized by people instead of advertised by companies, with the exception of beer. So

why is alcohol so popular? I think it is because American society is based on being number

one in whatever you do and the mind-altering effect of alcohol gives people that sense of

being on top and some people just can not let it go, while others can not stand the

hangovers. Alcohol frees people from their insecurities and inhibitions, the superego, and

replaces it with the cravings of the id, the most primitive part of personalities. Which

would lead to the conclusion that alcohol keeps people from thinking clearly.

Cognition is defined as the mental processes involved in thinking, knowing, perceiving,

learning, and remembering. It is no secret that consuming alcoholic beverages tends to do

everything it can to impede cognition. But the long term effects of drinking may or may

not be insurmountable. Brain damage may occur as the result of years of heavy drinking

and some people even develop brain disorders which make them incapable of remembering

new information for longer than a few seconds. Alcohol does not need a lot of time to

effect your brain because even adolescents who participate in binge drinking show signs

that liquor is interfering with their ability to learn and be successful in classes. There have

even been studies which showed that the brain damage caused by drinking may even slow

the process of recovering from alcoholism even after one's drinking days are over. Other

studies show that brain damage caused by alternate studies may also contribute to

alcoholism(Gordis 11).

Even though alcohol may impair cognition and cognitive processes drinkers and

non-drinkers will probably score the same on intelligence tests. But if given a test that

involves critical thinking or "thinking outside the box" the non-drinker will almost always

do better, because alcohol interferes with higher thinking processes especially. In essence

alcohol strips a person of their creativity as well as their ability to think. If a person who

was a heavy drinker was asked to file papers he or she would be able to complete the task,

but if they were asked to create a new system for filing papers they would not be able to

do it(Gordis 1). Alcohol in a sense may take away your ability to be extraordinary or to

be an innovator. So it is of great interest to understand how alcohol does this to the brain,

when college students are thought of as the leaders of tomorrow and they are also

associated with the world of binge drinking and drug abuse.

Alcohol has the ability to shrink the overall size and density of the human brain as well

as change brain cell activity throughout the brain(Gordis 1). The fact that alcohol tends

to change the way your brain physically works is most intriguing. This classifies alcohol as

a psychoactive drug because it is a chemical that affects mental processes and behavior by

their effects on the nervous system. Computerized tomography (CT Scan) and magnetic

resonance imaging (MRI) are two forms of brain scans used to generate pictures of the

living tissue inside the brain. A CT scan creates a computerized image of the brain from X

rays passed through the brain at various angles. MRI's use powerful pulses of magnetic

energy to get different responses from different types of tissues inside the brain to form

images. Positron emission tomography (PET scan) and magnetic resonance spectroscopy

allow neurologists to see brain cell activity. The PET scan detects brain cell activity by

tracking the movement of radioactive substances in active regions of the brain. PET scans

rely on the detection of atomic particles known as positrons that are emitted by a

radioactive administered to patients(61). It is through brain scans that scientists can tell

that an alcoholic's brain almost always has less volume and density than a nondrinkers

brain. The two regions of the brain that lose the most volume are the frontal lobes of the

cerebral cortex and the cerebellum(Gordis 1). The frontal lobes of the cerebral cortex or

the pre-frontal cortex, is responsible for planning, deciding, one's personality,

temperament, speech, and control of the body's voluntary muscles(Zimbardo 66). The

cerebellum located near the back of the brain is coordinates movement, controls posture,

and maintains equilibrium. The cerebellum is also involved in learning, specifically classical

conditioning, which allows us to give responses to new cues, like when a bell rings we

know it means something, rather it be time for the next class in high school or it's time for

church to begin(6).

But some instances of brain impairment caused by alcoholism are reversible by

abstaining from drinking. Recovering alcoholics begin to regain problem-solving abilities,

short term memory, brain volume, and their ability to pay attention after several months to

a year of not drinking. The brain itself has the power to change the patterns and pathways

of brain activity. Scientists have seen the brain send information away from those regions

of the brain that have been damaged due to alcohol through alternate brain systems with

the help of brain scanning, in recovering alcoholics. Pfefferbaum and colleagues examined

the brain activity of cognitively impaired alcoholic participants during a series of tests

designed to assess cognitive function. The results of the test concluded that the brains' of

the alcoholic participants would use different nerve systems than, the control,

non-alcoholic participants to complete the tasks equally well. This finding is especially

uplifting for the young drinkers found in college because their brains are still creating

nerve-cell networks which send the information out from the brain to the rest of the

body(Gordis 14).

For all that scientists know about the brain and alcohol they are not sure how cognition

effects alcohol treatment. That is they know how alcohol effects cognition but they do not

know how the effects of alcohol apply to curing alcoholism. Cognitively impaired patients

may not have the means to understand the therapy and might not use strategies presented

to them to cure alcoholism. Another possibility is that cognitive functioning may not

influence alcoholism but it may have an effect on something else that could help stop

alcoholism. A few examples include getting a patient to focus on the importance of

exercising and nutrition, this may cause a recovering alcoholic to view alcohol as toxic to

their bodies. One last view on cognition's effect on recovery is that a patient wait after

the first weeks of being clean to try any therapy because cognitive impairment is usually

the worse in this period of time (Gordis 15-16).

After reading this article I felt like I had a better understanding of alcoholism and in

particular recovering from dependency. I also found out a lot about the realm of

psychology and how all the disciplines interact in the "real world." I say the "real world"

because I have been sheltered from so much, but alcoholism is one of the few social ills I

have been a witness to and had to live with. In doing this project I was somehow able to

link the old school theories of Freud with the technology of today, which also gives a lot

of meaning to what we do in class, and lets me know that this is information I am going to

use in my life.

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Ugly Tourists

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The winter season has finally come. You have been waiting all year for the frigid temperatures of December so you can take a vacation and relax in a warmer climate. It is heaven just picturing it in your mind sandy beaches, tropical drinks, and the sound of the ocean in the background. All of your colleagues will be jealous of your suntan when you return, and when you do, you must become disillusioned because your vacation is now over, and you have to live your life the way you left it before hiding it all away while on your vacation. As a tourist you make sure that everything is said and done, all of the tours have been taken, and all of the markets have been shopped in. But, how does the other side feel? How do the people feel of the country you are visiting, since they live like this 65 days of the year? In the essay "A Small Place" by Jamaica Kincaid, she explains to her readers how tourists affect the lives of the citizens of the country Antigua. Along with Mutabaruka and his poem, "dis poem", show how his country has been stereotyped. These two authors want to inform their readers that their countries are much more then what people generalize them to be.

I have never been to the Caribbean and I will not lie when I say this, but I followed along with the generalizations. As I stated in the introduction, "…sandy beaches, tropical drinks, and the sound of the ocean in the background" is the picture I get when I think of the Caribbean. Now that I have read works from citizens of Caribbean countries, I am now informed of how the citizens of Antigua and Jamaica really feel about tourists' stereotypes and I look at these countries in a whole new light. From the first chapter of Kincaid's essay she goes on a rant about how her people drive around very expensive Japanese cars, but fuel them with the wrong type of gas, which in turn, ruins the car. Also, that their houses are worth less than what the car is actually worth. This is how these people have to live, but the tourists do not really understand why. She also talks about the people who have lived in Antigua all their life, and how their ancestors lived there. "The people in Antigua now, the people who really think of themselves as Antiguans are the descendants of those noble and exalted people, the slaves.", (80-81) and even though some people today do not like living in Antigua, the true citizens of the country and true Antiguans. On a different view of the same subject, Mutabaruka writes about generalizations, not tourism, but the same point gets across to the reader after he has written, "dis poem will not change things/ dis poem need to be changed/ dis poem is a rebirth of a people" (). He writes these words to show the reader that after someone has been informed, they can read the poem from a different point-of-view. I believe that these three examples justify completely with Kincaid's strategy, which I think is inform the reader and change their perspective. After that has been done, the reader can feel what the author is writing and not just pass over it like an unimportant piece of information.

Jamaica Kincaid and Mutabaruka just want their stories to be told strait. They want the generalizations to stop so that their readers are able to fully understand the words they have written. If every single tourist were like the one in Kincaid's essay, to travel to Antigua for the climate and not to learn more about the culture, I would write an essay about the "ugly tourists" also. And if all people were as ignorant as Mutabaruka writes them to be in his poem, I would also write a poem about all of the ignorant people I come across. These stereotypes are never going to come to an end, but if they were never there in the first place, this poem and essay would never have been written. As for the readers, we are now all informed as to how the people of these countries actually feel about tourism. Even though it may be a small percent, these authors would be happy to know that all tourists are not like the ones they have described, and that some people want to learn more about their countries. If I were Kincaid or Mutabaruka, I would be content just knowing that somebody out in this world knows how I feel, and would stop generalizing and try to change the way they looked at my country.

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FAULTING MASCULINITY

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After reading Things Fall Apart, I realized that Okonkwo's passion to be the complete opposite of his father caused him to fall from grace. There is a saying that ¡§too much of everything is bad.¡¨ The main character valued manliness, and rejected everything for which his father stood for. Believing that his father was lazy, poor, affectionate to women, and interested in music, leads Okonkwo to develop opposite ideals. He becomes industrious, wealthy, unaffectionate, violent, and opposing to music. His true character flaw was that he was very much opposed to being seen as ¡§feminine.¡¨

Okonkwo is given Ikemefuna because he had achieved social and financially greatness. He was well respected by his village because of his finances and his bravery in the wars he fought. Ikemefuna lives with Okonkwo's family and becomes quite fond of his new family. Okonkwo develops a liking for Ikemefuna but refuses to show it because he believed such actions might be characterized as feminine. Ikemefuna becomes close friends with Nwoye, Okonkwo's son. As a result, Nwoye begins to display some masculine behavior to please his father.

A village elder, Ogbuefi, warns him not to take part in the killing of Ikemefuna when the oracle announced the boy's fate. However, Okonkwo believed that if he stayed home he might be perceived as feminine and therefore did not heed his friend's advice. Since he terribly despised the thought of as ¡§effeminate,¡¨ he joins the group of men from his village and helps them butcher Ikemefuna.

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Much of Okonkwo's character is shaped by his relationship with his father. His fierce and ruthless behavior stems from the fact that he did not want to end up like his father did. However in his effort to have a different fate from his father, he causes him to become over aggressive and unable to display emotion other than anger. If he had not been as eager to become the complete opposite of his father , he would have been able to pick up some of the positive traits his father possessed. Unfortunately, his loathing of his father only caused him to end up with the same fate, buried in the evil forest.

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