Wednesday, October 30, 2019

Crime Seriousness Survey Essay Example | Topics and Well Written Essays - 1000 words

Crime Seriousness Survey - Essay Example People from different fields, whether it is field of education, politics or some other field, have taken keen interest in determining the seriousness of crimes. These surveys have focused on determining the awareness of crime in general public. In this way they have been able to understand the psychology of different people in society about crime. Some of these surveys are based on asking views about criminal activities from local people and some are based on views from different countries. The different questions that may be asked from people could be about what they think of different crimes and what punishments would they have given if they had the authority to do so. From the answers obtained the surveyors determine seriousness of crime. However there is another issue that must be addressed to determine the seriousness of crime. This issue is of "the circumstances under which the crime took place". There is a big difference between "a crime for pleasure" and "a crime because of extremely harsh conditions". Many people would think that those who perform offensive activities for pleasure should be given greater punishment as compared to those who have done it because of some helpless conditions. The purpose of the surveys is usually to get the viewpoint of individuals as well as of whole society. The perception about seriousness of a crime varies from place to place. Each culture has its own rules and regulations and hence the punishment given against an offensive action may also vary from place to place. The research about determining the seriousness of crime is taking place for many years. ... Every society has its own moral values and religious beliefs, therefore it is a possibility that they may differ in view about which crime is a serious one and which is not. Among different kind of crimes, violent offences are considered to be the most dangerous and harmful. Many people argue that the general view of a society about seriousness of a crime is directly affected by the kind of a crime and by the frequency with which that crime has occurred. It is clear from different studies that the number and type of criminal activities taking place in a specified time period is consistent which means that these activities are undoubtedly occurring frequently. Usually to determine the danger of a crime, surveys are conducted among people living in same society but with different social status. These surveys may be between two altogether different societies. It may also be the cases that, survey of those people is conducted who have emigrated from one place to another. Thus they might be asked about how they feel about change in cultural values of two different countries. As laws and authorities differ from one place to another, immigrants might face problems as their acts might be right according to their own country but they might not be right according to laws and rules of the new country. Culture is something which describes the beliefs of people, their moral values,, their rules, laws and regulations and other practices that are developed by people to adjust in a society. Thus cultural values and society define the way in which people act and react to different situations. The way, the people react to a situation is dependent on what

Monday, October 28, 2019

Factors in a child’s development Essay Example for Free

Factors in a child’s development Essay Family is one of the biggest external factors in a child’s development. The first three years of a child’s life are when their foundations are laid out influencing what type of a person they may grow up to be. A child who is given lots of love, attention and guidance are more likely to thrive compared to those who are ignored. At this very early age parents and siblings are the most important thing in a child’s life so everything they do can influence a child, this is when they first start to imitate other peoples actions so if a child is in a stimulating environment then they are more likely to want to continue to be stimulated when they reach school age. Friendships are also a major factor, by the age of three children start to form strong friendships. Friendships may begin to influence behavior, in a positive or sometimes a negative way. They will start to learn how to listen to other people’s opinions and also how to voice their own views. Read more:Â  Explain how children and young people’s development is influenced by a range of external factors essay It’s when children start making friends that their personalities really start to develop and they start either start to become a leader or a follower. Peers may become a big influence over their likes and dislikes. What a child eats also plays a big part in a child’s development both in a physical and mental way. Calcium, protein and fats are all essential in a child’s diet to help them grow. When a child starts school it becomes more difficult from a parents prospective to supervise what children are eating especially in children of high school age, too much sugary and fatty foods can lead to children becoming over weight and lacking in energy. It is important for schools to take an active approach in what children are allowed to eat when possible. In today’s world of high technology the media is also a big factor in how children develop. The television can be an amazing aid in a child’s development if watched in moderation. A child that spends too much time in front of a television may run an increased risk of becoming over weight and children who view violent television shows show a tendency towards an aggressive behavior. Social media is also taking a part in children’s developments as friendships are formed with people from all over the world that once would not have been accessible unfortunately it can also have negative results as children can be bullied without an adult around to help them and can lead to a very low self esteem.

Saturday, October 26, 2019

Welfare Reform: Temporary Assistance for Needy Families Legislation Ess

In August 1996, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) passed. This legislation ended the Family Aid with Dependent Children (AFDC) and replaced it with Temporary Assistance for Needy Families (TANF). Unlike AFDC, TANF is not an entitlement program. This means that states are under no obligation to provide cash assistance to eligible families. Instead the federal government gives block grants to assist poor families with the emphasis on moving them from welfare to work or deterring them from applying for welfare in the first place. States are no longer obligated to match federal funds, creating an incentive to eliminate their previous portion of the funding for critical programs. Now due to less funding and no standard rules or regulations in place, thousands of families never find out that they still qualify for health insurance, childcare or food stamps. ?By eliminating the whole architecture of the old entitlement program, the federal government eliminated a lot of the existing protections for people? (Cahn pg. 1997). A recent study found, 60 percent of former welfare recipients in South Carolina did not know a parent could get transitional Medicaid, and nine states have no outreach efforts to inform parents that they were still entitled to receive childcare assistance after welfare benefits were closed (Sherman, Amey, Duffield, Ebb, & Weinstein, 1998). By denying or reducing coverage the state creates surplus (left over) funds that they are allowed to be used in other programs. Some states even went further using part of its welfare surplus to fund tax cuts for the middle class (Rose 2000). This new popular movement is in contrary to the original purpose of programs like TA... ...households (Sherman et al., 1998). This non-profit investigation recommended Bibliography: Cahn, Naomi, R. 1997. Representing race outside of explicitly racialized contexts. Michigan Law Review. 95 (February):965-1004. Gilens, Martin. 1996. ?Race Coding? and white opposition to welfare. American Political Science Review. 90 (September):593-612. Rose, Nancy E. 2000. Scapegoating Poor Women: An Analysis of Welfare Reform. Journal of Economic Issues. 34 (March):143 Sherman, Arloc, Cheryl Amey, Barbara Duffield, Nancy Ebb, and Deborah Weinstein. Welfare to What: Early Findings on Family Hardship and Well-Being. Washington, D.C.: Children?s Defense Fund and National Coalition for the Homelessness, November 1988. U.S. Bureau of the Census. 1993. Statistical Abstract of the United States: 1993. Washington, DC: U.S. Government Printing Office.

Thursday, October 24, 2019

The Burden of a Happy Childhood

The Burden of a Happy Childhood In â€Å"The Burden of a Happy Childhood† Cantwell described her grandparent’s house, the three story Victorian house her family lived in during her childhood life. There are so many great things she has experienced, like having a bird as a pet. After a morning dip on the beach, she had a playful moment with her grandfather in his beautiful garden; he washed her feet to remove the sand from her feet. As she grew older, all the images of those special moments still captured in her heart. I agree with Mary Cantwell, I moved from Vietnam when I was twelve years old. I really had great memories of my childhood I took a long walks to my grandmother house, bike rides to school, the farm that we lived on. My father cooked vegetables that he grew in the backyard. As Derby Evening, he shared how he liked to listen to his childhood stories, â€Å"I enjoy hearing about my childhood memories. † (Evening). I have the same habits as Evening. I liked to feel the breeze on my face when my mother fans on me before bed time. During the moon-soon season I liked listening to the rain drops and feel the warm of my mother’s arms around me. During the New Year, my mother didn’t have money to buy new clothes she cut her gowns and remade the clothes for me. I was so happy because I got new clothes to wear for new years. The special moments I have had from my childhood that I’m so close to my parents and my siblings because of my strong family with the meticulous cares from my parents similar to Mary’s article. My parents had sacrificed so much for my family. We will care and love, and protect each other no matter what happens. I agree with Mary Cantwell, she has a special places, people and memories in her childhood life those memories will remain in her heart forever. It’s the most grateful memories that I have had also. It will never wash away from me even the years ahead passing by. I am blessed to have the greatest parents who have done so many great things that make who I am today. Works Cited Cantwell, Mary. Backpack Writing with Readings (The Burden of a Happy Childhood). New York: Longman, 2008. 10 Apr. 2011. Evening, Derby. â€Å"Memories of Childhood and Summer Days at Lake Side. † General Reference Gold. (2011): Text available Full Text. Web. 10 April 2011. Garrity, Mary. â€Å"Home Style: O Christmas Tree. † Scripps Howard News Service- 29 November 2010. NewsBank. Web. 10 April 2011.

Wednesday, October 23, 2019

Gender Differences in Leadership Essay

1. What are the strongest points of the paper? What do you consider are its main contributions to the field of global people management? The paper itself has a very interesting purpose with the research question of whether women leaders are â€Å"really† different from men leaders. The paper gives a very good introduction in particular giving the literature review in order to get familiar with some basic knowledge on the topic of gender differences in leadership. The review focus combination of stereotypes and cultural differences stresses out well a new viewpoint of the problem, which has not been discussed that widely in prior research. Also the introduction of the new notion â€Å"stereotype threat†, which actually might be viewed as a partly solution for women sometimes performing not as well as they possibly could is an interesting point for management issues in reality. However the strongest points of the paper are evident. The introduction of the new concept of three paradigms: gender-blind view, gender-conscious view and that perception creates reality are not only the strongest points of the pap er, but in my opinion can also be considered as contributions to the field of global people management. This new paradigms could possibly change the perception of companies, maybe companies will use the tool of the three paradigms to analyse their own structures and be able to improve situations for women, giving them more possibilities. 2. What are the weakest points of the paper? (E.g. What arguments are not strong enough? What is not clear? What is missing?) Potential drawbacks are that paradigms are introduced, but not sufficiently discussed within. Also the paper gives good examples where they can be found, it could show more proof for their existence apart from summarising and drawing them together from old findings. Also the paper does not find a good way how to manage diversity and to capture it. It does not manage the combination of cost-effective coordination and senility to local cultures. Likewise the paper focuses on only two firms, â€Å"Fuel† and â€Å"Excel†, which are very different in how they â€Å"fill† out the paradigms. In my opinion two firms are not enough, more firms should be reviewed for example in a questionnaire in order to give more support for the findings. Correspondingly the paper does not include a focus on multinational firms, which is very important not to leave out in times of globalization. The last criticism is that the paper is unable to answer it’s paper purpose question à ¢â‚¬Å"what is the real difference between men and women in leadership†. 3. How could the author make the paper better? When writing the literature review the could build up the research papers and the gained knowledge chronologically and not going back and forth in the research dates. As the paper is missing some numbers, the technique of hypothesis could have been used, a bigger number of companies questioned in survey style as then a quantitative analysis would exist as evidence for whether the problem exists in real life and whether paradigms can be implied in the general management world. Also the point of view of women on this topic would be very interesting and more expedient. How do women perceive the gender different initiatives, what would they like as support? Also the paper as already mentioned should include a focus on multinational firms and include those in a study.

Tuesday, October 22, 2019

Proper Use of The Semicolon

Proper Use of The Semicolon Proper Use of The Semicolon Proper Use of The Semicolon By Mark Nichol Pity the poor semicolon so often misunderstood, so seldom asked to dance because he is seen as stiff, formal, and pretentious. But he’s such a practical, useful fellow whose talents should be appreciated that I would like to reintroduce him to you. A semicolon has two primary functions, exemplified in two labels attached to it: It is said to be the equivalent of a weak period and a strong comma. Think of the two as distinct dance steps. In its weak-period mode, the semicolon stands in for a period when an independent clause could appear as a separate sentence but is so closely related to the previous independent clause that the semicolon is inserted to signal that relationship: â€Å"An investigator files and locates court documents; librarians file claims for missing serials and locate requested information.† As a stand-in for a strong comma, it separates items in a list when one or more items in that list are themselves lists: â€Å"The apple figures prominently in Christian and Islamic belief; Greek, Nordic, and Celtic legends; and folklore throughout the Western world.† It serves that function, too, when one or more list items otherwise include a comma: â€Å"Astrology’s origins can also be traced to several other locations and cultures, including Egypt, which developed sophisticated timekeeping and calendar science; Greece, where Ptolemy authored influential astrological and astronomical texts; and Rome, where many of the most learned men including two emperors were astrologers who wrote laws and counseled citizens based on the stars.† That said, though semicolons are underutilized in the first role, they are overused in the second they’re underappreciated for their facility with one dance step and are too often called on to demonstrate the other dance step when the dance is not appropriate. Here are some solutions for balancing out the semicolon’s dance card: 1. â€Å"More than 900 million people still lacked access to clean drinking water in 2010; and 2.6 billion did not have adequate sanitation.† An independent clause following a weak-period semicolon should not begin with a conjunction; they are redundant to each other. Often, the conjunction is preferable: â€Å"More than 900 million people still lacked access to clean drinking water in 2010, and 2.6 billion did not have adequate sanitation.† (This usage, common in the past, is frequently seen in classic literature, but it’s fallen out of favor.) 2. â€Å"Part of the company’s responsibility is to show others their responsibility; to help other water users see that small changes can save a lot of water.† If a thought does not constitute an independent clause, use a comma (or, for greater emphasis, perhaps an em dash), not a weak-period semicolon: â€Å"Part of the company’s responsibility is to show others their responsibility, to help other water users see that small changes can save a lot of water.† (Again, easily found in older works, but no longer considered proper usage.) 3. â€Å"That is true, however, the increasing conflicts over water for energy involve the vast amounts power generation makes unavailable for people and aquatic ecosystems.† Here is a weak-period construction complicated by the presence of the conjunctive adverb however, which requires a comma after it. The one before it should be a weak-period semicolon: â€Å"That is true; however, the increasing conflicts over water for energy involve the vast amounts power generation makes unavailable for people and aquatic ecosystems.† 4. â€Å"Residents had to slash their water use by a third, farmers by nearly half.† Here’s a similar problem. The phrase â€Å"farmers by nearly half† is an incorrectly punctuated abridgement of the potential independent clause â€Å"farmers had to slash their water use by nearly half.† The elided repetition of the phrase â€Å"had to slash their water use† is signaled by a comma in its place, and the two independent clauses are stitched together by a weak-period semicolon: â€Å"Residents had to slash their water use by a third; farmers, by nearly half.† 5. â€Å"He also uses a Geiger counter, which measures radiation; motion detectors; barometric pressure monitors; and thermometers.† This sentence is grammatically correct as is, but so many semicolons in a short sentence make it look cluttered. Reconstruct the sentence to eliminate the need for the strong-comma semicolons: â€Å"He also uses a Geiger counter, which measures radiation, plus motion detectors, barometric pressure monitors, and thermometers.† 6. â€Å"Our services can identify sites that infringe on brand name, content, or trademarks; misuse a brand name or image; or disparage a brand.† Here’s another solution for the correct-but-excessive strong-comma semicolon when only one item in a list is itself a list, if it’s logical to do so, move that item to the end of the sentence: â€Å"Our services can identify sites that disparage a brand, misuse a brand name or image, or infringe on brand name, content, or trademarks.† 7. â€Å"Follow-up studies are needed to improve our understanding of whether influences on decision making carry through to patterns of actual disclosure; whether involvement in counseling affects outcomes; and whether access to professional assistance at the time of planned disclosure is helpful.† Semicolons are not required to separate items in a list just because one or more items is lengthy, especially in this sentence, in which the repetition of whether clearly signals the beginning of each list item. Replace the strong-comma semicolons with authentic commas: â€Å"Follow-up studies are needed to improve our understanding of whether influences on decision making carry through to patterns of actual disclosure, whether involvement in counseling affects outcomes, and whether access to professional assistance at the time of planned disclosure is helpful.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Punctuation category, check our popular posts, or choose a related post below:7 Classes and Types of PhrasesHow to Punctuate with â€Å"However†Grammar Review #1: Particles and Phrasal Verbs

Monday, October 21, 2019

Aquatic Ecology essays

Aquatic Ecology essays Plants are the most important part of our ecology, both in water and land. Therefore, for our experimental variable, we chose to increase the amount of plant life in an aquztic environment. Plant life is really important in natural world mainly because it is a provider of oxygen for other organisms. So, by increasing the number of plants, we planned to observe the effect it had on the other organisms. Our hypothesis states: the more the plant life in the tank, the less bio-diversity within the tank. The main reason behind this thought were, plants will block sunlight from being passed through into the tank and more plant means more competition for nutrients which eventually will make weaker organisms die out. Some chemical parameters that we tested were (1)dissolved oxygen, and (2) water clarity and the color of water. Some biological parameters that we tested for were (3) the length of the plants, (4) the weight of the plants, and (5) the number of protists. We believe that there would be a higher oxygen content initially because of increased number of plants, who survive through the process of photosynthesis. However, this will step down because of the lack in the circulation of water due to the overpopulation of plants. We also predicted that the water clarity would decrease with an increase in plant life and the color of water would have a greenish tint to it. The hyacint, our experimental variable, would grow nicely in the control tank, but it wouldnt grow as much in the experimental because of the presence of three other plants. We also believed that the number of organisms or protists would decrease in the experimental because of the sudden change in their environment. The main reason we chose to do this experiment was because of their fact that this type of occurrence can happen anywhere. The reason we chose to test those particular parameters was that an increase in plant life would most certainly...

Sunday, October 20, 2019

Top 10 Books about Ecofeminism

Top 10 Books about Ecofeminism Ecofeminism has grown since the 1970s, blending and furthering activism, feminist theory, and ecological perspectives. Many people want to connect feminism and environmental justice but arent sure where to begin. Here is a list of 10 books about ecofeminism to get you started: Ecofeminism by Maria Mies and Vandana Shiva (1993)This important text explores the links between patriarchal society and environmental destruction. Vandana Shiva, a physicist with expertise in ecology and environmental policy, and Maria Mies, a feminist social scientist, write about colonization, reproduction, biodiversity, food, soil, sustainable development, and other issues.Ecofeminism and the Sacred edited by Carol Adams (1993)An exploration of women, ecology, and ethics, this anthology includes topics such as Buddhism, Judaism, Shamanism, nuclear power plants, land in urban life and Afrowomanism. Editor Carol Adams is a feminist-vegan-activist who also wrote The Sexual Politics of Meat.Ecofeminist Philosophy: A Western Perspective on What It Is and Why It Matters by Karen J. Warren (2000)An explanation of the key issues and arguments of ecofeminism from the noted environmental feminist philosopher.Ecological Politics: Ecofeminists and the Greens by Greta Gaard (1998)An in-depth look at the parallel development of ecofeminism and the Green party in the United States. Feminism and the Mastery of Nature by Val Plumwood (1993)A philosophical - as in, Plato and Descartes philosophical - look at how feminism and radical environmentalism intertwine. Val Plumwood examines oppression of nature, gender, race, and class, looking at what she calls a further frontier for feminist theory.Fertile Ground: Women, Earth and the Limits of Control by Irene Diamond (1994)A provocative reexamination of the notion of controlling either the Earth or womens bodies.Healing the Wounds: The Promise of Ecofeminism edited by Judith Plant (1989)A collection exploring the link between women and nature with thoughts on mind, body, spirit and personal and political theory.Intimate Nature: The Bond Between Women and Animals edited by Linda Hogan, Deena Metzger and Brenda Peterson (1997)A mix of stories, essays, and poems about animals, women, wisdom and the natural world from an array of women authors, scientists, and naturalists. Contributors include Diane Ackerman, Jane Goodall , Barbara Kingsolver, and Ursula Le Guin. Longing for Running Water: Ecofeminism and Liberation by Ivone Gebara (1999)A look at how and why ecofeminism is born from the day-to-day struggle to survive, particularly when some social classes suffer more than others. Topics include patriarchal epistemology, ecofeminist epistemology and Jesus from an ecofeminist perspective.Refuge by Terry Tempest Williams (1992)A combination memoir and naturalist exploration, Refuge details the death of the authors mother from breast cancer along with the slow flooding that destroys an environmental bird sanctuary.

Saturday, October 19, 2019

Job analysis 2 Essay Example | Topics and Well Written Essays - 2000 words

Job analysis 2 - Essay Example Safdar et al. (2010) conclude that individuals with higher levels of knowledge, skills and abilities (KSA) tend to be better job performers. They also suggest that jobs need to be analyzed for the nature of the job and the nature of the relationships that the job entails as well as the job outcomes. Heathfield (2011) defines job analysis as â€Å"the process used to collect information about the duties, responsibilities, necessary skills, outcomes, and work environment of a particular job† (para. 1). These are conducted in organizations as a strategic Human Resource Management practice with the aim of contributing to the efficiency of organizational performance (Cascio, 1998). Safdar et al. (2010) foresee that the increasing recognition of job analysis’ connection to H-R performance will make organizations conduct it more often in order to gain competitive advantage advantage (Anthony et al., 2002; Dessler, 2003). A job analysis was conducted on a lady director of a chi ldren’s centre. In this paper, she would be referred to as â€Å"jobholder†, being the subject of my job analysis. ... One day was a regular day on the job and the other day was observing her during a special event which is the parent orientation. She said I could ask her questions along the way. So the methods used in this job analysis are direct observation in the form of job shadowing, and interview. Job shadowing entailed my tailing her in the performance of her tasks for the day as she explained them to me. She assured me that I was free to interview her informally should any queries come up on my side. The job analysis that follows includes information gathered from both job analysis methods for the smooth flow of the analysis. Job Description The interview commenced with the jobholder describing her job. Such job description comprises the roles and responsibilities that the position entails. These are key determinants in estimating the experience, education, skill, etc. that the job requires. Heading a children’s centre entails a host of roles and responsibilities to keep it not only af loat but thriving at its optimal level. The jobholder is the managing director of a children’s centre and its sister preschool. Her job is being in charge of the day-to day operation of the centre which includes the over-all management of all areas from the availability of supplies, to scheduling of staff, to interviewing parents and to budget considerations, among many other responsibilities. She is there to ensure that the centre runs smoothly. She also works with a Board of Directors composed mostly of volunteer parents. They make final decisions on some financial issues. Aside from management concerns, she also does strategic planning with staff for brainstorming other decisions for the centre and the children. Although she does not have a teaching load, she is on

Friday, October 18, 2019

The Sentencing Phase in the United States Research Paper

The Sentencing Phase in the United States - Research Paper Example The research paper "The Sentencing Phase in the United States" deals on the sentencing phase of the criminal justice system and tries to discuss some of the more urgent issues regarding this crucial phase. The justice system forms the third leg of the triad in the handling of criminal cases, the other two being law enforcement system and the penal or corrections system. All three must work together for penal sanctions to be effective as a deterrent to the commission of crimes. The wheels of justice can indeed grind very slowly and sometimes it takes years for the victims to get vindication and justice for the harm done to them. In a sense, the concern to be so careful to avoid penalizing the innocent is the main cause of this slowness in the justice system. No criminal justice system is perfect. Be that as it may, it should not prevent society nor preclude the government from imposing justice for deviant behaviors. The idea is that the system must be geared towards fairness and equality; flaws in the system can be corrected over time and must not adversely affect the sense of trust by the people that the system is indeed fair. Lapses in the procedures, processes, and practices must not undermine the whole legal system. There are a lot of variables that can confound and confuse the litigants in many instances. A person can opt out of the criminal justice system through a plea bargain agreement that will lessen the sentence to be imposed and may subject the defendant to probation.

Justifying the Japanese Internment Camps Term Paper

Justifying the Japanese Internment Camps - Term Paper Example This led to the decision of all the Japanese immigrants being relocated to internment camps. This move by the USA was justifiable, as it would help curb any violent acts from Japan, and enhance safety in USA. However, this was also considered as a prejudice toward Asians, since the same sanctions were not taken against immigrants of other rivals such as Germany, and therefore, this is unjustifiable (Welgny 23). This paper will use literature review to address this issue from two points of view, before taking a stand in the conclusion. The Japanese immigrants were put in internment camps not because they were guilty of crime, but because their country had become one of the USA’s enemies during the period of the Second World War. The USA therefore, considered these Japanese people in America as a threat to its national security. During this period, most Japanese people in America had occupied the area in the west coast of America. They worked hard to sustain their families. They had bought land, gotten an education, and had become citizens of America, who participated in voting during American elections. Problems rose after their country of origin attacked the USA. This had their land taken away from them, and them sent to internment camps, to avoid further attacks in the USA from Japan. ... In this order, there were the instructions about relocating close to 1110,000 American Japanese people to the ten internment camps that were available. When the Japanese were taken to the internment camps, they lost their rights as American citizens, as most of them were legally settled in America. This also separated them from the things and people they loved. The camps were fenced, with block arrangements inside. In each block, there were more than ten barracks, a recreational hall, and one mess hall. This also included car storage and repair area, canteens, hospitals, schools, a post office, a library, among others (Welgny 47). Apart from being alienated from the wider society, the Japanese Americans were exposed to many hardships in the internment camps. Since most of the camps were located in desert places, the Japanese people had difficulties dealing with the extreme unbearable temperatures in the camps. For instance, during summer periods, the temperatures could reach 100 degr ees and more. On the other hand, winter periods had extremely low temperatures, going as low as negative 30 degrees in some of the camps. Meals in these camps were served in meager portions. Most of the food was grown in the camps, including vegetables and fruits. In addition, the people bred livestock in the camps, which was also a source of food. Due to insufficient provision of healthcare in the camps, most Japanese people died when they got sick. The psychological stress that most of them were experiencing also contributed to the deaths of Japanese people in the camps. Aggressive military guards sometimes harassed the people, killing those who showed signs of resistance to their orders (Heinrichs 31).

Thursday, October 17, 2019

The impact of electricity deregulation on customers and employees in Dissertation

The impact of electricity deregulation on customers and employees in Qatar - Dissertation Example The paper incorporates both secondary and primary research study of the issues relating to the issue of deregulation being set in as in how it tends to affect the internal and external operations of the concern. It tends to draw useful inferences through the conduct of such research to thereby arrive at final conclusions and recommendations. ... .2.1 Interview findings 51 5.3 Questionnaires 52 5.3.1 Findings from surveyed managers and employees 52 5.3.2 Strategy fit with Qatar vision 2030 56 5.3.3 Findings from surveyed customer 58 5.3.3 Understanding KAHRAMAA strategy and objectives by employees 58 5.3.4 KAHRAMAA strategy development policy 60 5.3.5 Employee’s involvement in strategy development 61 5.3.6 The impact of non involvement of employees on strategy development 62 5.3.7 Low employees’ motivation and moral 63 5.3.8 Low initiatives to participate in strategy development 66 5.3.9 Perceived problems with strategy implementation 67 5.3.10 Management perception for strategy implementation problems 68 5.4 Suggestions for improving strategy implementation 69 5.5 Perception of strategy change impact on internal culture 70 5.6 The perception of the impact of KAHRAMAA deregulation strategy 72 5.7 Summary 73 Chapter 6: Analysis and discussion 74 6.1 Introduction 74 6.2 The effectiveness of deregulation at KAHRAMA A 74 6.3 The impact of strategy on KAHRAMAA culture 76 6.4 Research objectives 76 6.4 Summary 78 Chapter 7: Conclusion and recommendations 78 7.1 Introduction 78 7.2 Hypotheses 79 7.3 Limitations 80 7.4 Recommendations 81 7.4.1 Kahramaa 81 7.4.2 Future research 84 7.5 Summary 84 Bibliography 85 Appendices 91 Appendix 1: Survey / interview consent form 92 Appendix 2: Questionnaire 93 Appendix 3: Questionnaire Analysis 96 Chapter 1: Introduction Introduction Electricity deregulation along with privatisation is referred to as ‘liberalisation.’ Liberalisation is an accessible, affordable and reliable service which is replaced by ideal competition, the myth that tend to exit with consumer choice along with priority of the economic efficiency which in turn are measured by profits and also through rate

Positivist and Interpretivist Research Designs Essay

Positivist and Interpretivist Research Designs - Essay Example It is a case study format but still an effective format to lead out to the research objective and to the objective reality of the research (Shanks, 2002). The Methodology In order to address the question, there are two research approaches that are applicable in a positive research design – the descriptive research approach and the experimental research approach. The descriptive research approach will lead to the empirical studies, surveys, correlation studies, and relevant case studies about the employee motivation and performance in the UK domiciliary care sector (Poinasamy, 2009). This collected empirical evidence will become the source of guide for the researcher to carry out effective experimentation and observation. In order to understand the significance of relationship between zero hours contract and employee motivation, and zero-hours contract and employee performance, this accumulated empirical evidence will come out as an effective resource. Such collected empirical evidence will become a source of experimentation in the research (Belk, 2007, p.198). The Experimentation In the highly controlled conditions, the observations will be taken from the selected organization of the UK domiciliary sector (Poinasamy, 2009, p.3). These observations will become the primary source of data to understand the correlations between the zero hour contract and employee motivation and zero-hour contract and employee performance. It is actually the comprehension of the variables that will bring deliberate understanding for the positivist researcher. Keeping zero-hour contract as a constant variable, the effect of this variable will be found on employee motivation and performance, which are two dependent variables. By applying such... This report approves that the contemporary literature of research indicates that there are two approaches that are significantly applied to address research questions- positivism and interpretivism. The positivist research follows through the objective research design to address and answer the research inquires. The interpretivist research goes through with the subjectivist research design, which is based on introspection and exploration. This is how both of the research designs are significantly applicable to researches and empirical studies. The researcher will take the thematic rout e of analysis in order to explore the situation of UK domiciliary care sector. This report has applied both the positivist and the interpretivist research design to address a derived research question. The differences in terms of methodologies, beliefs and the research conducts are highlighted between both positivism and interpretivism. The difference indicates that positivist approach applies the scientific models for analysis, while the interpretivist approach applies personal rationale, and introspection to conduct research. In this way, the positivist approach sets the mathematical and scientific ground of research while the interpretivist design base the research on contemporary and past empirical evidences. Both approaches effectively address the research question but have a different route and methodology to conduct research.

Wednesday, October 16, 2019

The impact of electricity deregulation on customers and employees in Dissertation

The impact of electricity deregulation on customers and employees in Qatar - Dissertation Example The paper incorporates both secondary and primary research study of the issues relating to the issue of deregulation being set in as in how it tends to affect the internal and external operations of the concern. It tends to draw useful inferences through the conduct of such research to thereby arrive at final conclusions and recommendations. ... .2.1 Interview findings 51 5.3 Questionnaires 52 5.3.1 Findings from surveyed managers and employees 52 5.3.2 Strategy fit with Qatar vision 2030 56 5.3.3 Findings from surveyed customer 58 5.3.3 Understanding KAHRAMAA strategy and objectives by employees 58 5.3.4 KAHRAMAA strategy development policy 60 5.3.5 Employee’s involvement in strategy development 61 5.3.6 The impact of non involvement of employees on strategy development 62 5.3.7 Low employees’ motivation and moral 63 5.3.8 Low initiatives to participate in strategy development 66 5.3.9 Perceived problems with strategy implementation 67 5.3.10 Management perception for strategy implementation problems 68 5.4 Suggestions for improving strategy implementation 69 5.5 Perception of strategy change impact on internal culture 70 5.6 The perception of the impact of KAHRAMAA deregulation strategy 72 5.7 Summary 73 Chapter 6: Analysis and discussion 74 6.1 Introduction 74 6.2 The effectiveness of deregulation at KAHRAMA A 74 6.3 The impact of strategy on KAHRAMAA culture 76 6.4 Research objectives 76 6.4 Summary 78 Chapter 7: Conclusion and recommendations 78 7.1 Introduction 78 7.2 Hypotheses 79 7.3 Limitations 80 7.4 Recommendations 81 7.4.1 Kahramaa 81 7.4.2 Future research 84 7.5 Summary 84 Bibliography 85 Appendices 91 Appendix 1: Survey / interview consent form 92 Appendix 2: Questionnaire 93 Appendix 3: Questionnaire Analysis 96 Chapter 1: Introduction Introduction Electricity deregulation along with privatisation is referred to as ‘liberalisation.’ Liberalisation is an accessible, affordable and reliable service which is replaced by ideal competition, the myth that tend to exit with consumer choice along with priority of the economic efficiency which in turn are measured by profits and also through rate

Tuesday, October 15, 2019

You are asked to undertake a multimodal semiotic analysis of a printed Assignment

You are asked to undertake a multimodal semiotic analysis of a printed text - Assignment Example the paper will greatly deal with the top covers of two newspapers from USA that helped to inform the public on the events as they unfolded. As indicated in the appendices the newspapers are; The Daily News paper and the second one is the Newsday paper. The paper will be more interested in analysis images and the layout of the text to compare and identify if one newspaper has more than the other does. It is important to make this analysis since it will enable to identify the manner in which the newspaper communicates with a specific audience. Some people like observing pictures of the newspaper before they buy. In this relation, most newspaper manufacturers base on this factor to promote the market of their newspapers. In this context, we look at the current living situation whereby the meaning of a text can never be provided by language only. It is from this paper that language use together with other tools can provide strong meaning during communication (Van 2005). In this new field, it is important to pay attention to the following terminologies as they help in understanding a text for example, semiotic resources, the mode and the relationship of inter-semiotic. Some of the approaches to multimodal analysis include social semiotic, typography, word and image relations colour together with visual modality. These are the approaches that the paper will explore in providing analysis of two newspapers namely; The Daily News and the Newsday papers, which enjoy large market throughout USA (Kress 2009). Several agencies that provide the public with news occur in various parts of the world. The agencies use Newspapers, televisions and radios to pass information to their audiences. When the September 11 attack on the World Trade center and Pentagon took place, many news reporters took up their roles to inform the world concerning the event. They reported that terrorists hijacked jetliners

The Goddess of Chastity Essay Example for Free

The Goddess of Chastity Essay Explore the social and historical context through Shakespeares stagecraft in A Midsummer Nights Dream. To explore the social and historical context in William Shakespeares A Midsummer Nights Dream the features of the play will be analysed, such a: the different characters dialogue compared to their social class, the connections to Greek and Roman mythology, Elizabethan beliefs and the many references to the moon. The play opens with characters from classic Greek mythology, Theseus who slain the Minotaur and Hippolyta Queen of the Amazons, who an Elizabethan audience would be familiar with as it was extensively studied in that era and the legends would be common knowledge among people so when the play begins the audience would instantly have had an understanding. But the opening would be questioned by the viewers because they would be wondering why they are marrying since they would be aware the couple are from different cultures. It is ironic that the queen of a race of woman who refuse to marry because they despises men is marrying; this is how Shakespeare immediately sets the genre of this performance as a humorous love story. Shakespeare would have been aware that many of the audience in a public performance would have only received a basic education and would be technically illiterate, so verbal communication was of greater significance and so they would be more perceptive in listening to patterns of verse and rhyme in characters language, and aware of imagery created throughout the play. To increase attentiveness the style of dialogue is varied. Theseus and Hippolyta are aristocracy and to express this Shakespeare used blank verse, this sophisticated style of communication makes the audience conscious of their high status. Their speech consists of iambic pentameter which contains five meters of two syllables, one stressed, one unstressed. This creates a rhythm that people listening can easily follow. In contrast, the Athenian workmen converse in regular prose, their speech isnt restricted by grammatical styles and their use of malapropisms, particularly by Bottom in an attempt of self-aggrandizement, suggests they are of a lower social status and lesser educated as snug says he is slow of study, although they probably were sent to school to get a basic education since they are tradesmen. In comparison, the fairies talk in rhyming couplets of AABB, as if they were casting a spell because they are mystical creatures associated with magic, they use more creative and poetic language to portray their majestic and magical nature. Also their speech is often filled with references to nature. Rhyming couplets appeal to a wide range of audiences because it is basic assonance they can effortlessly recognize and helps with the intake of meaning within the play. Identically the lovers in A Midsummer Nights Dream, Hermia and Lysander, also speak in rhyme but this characteristic of their conversations is unlike the fairies as Shakespeare uses it in a different context to show their love and affection for each other; Romeo and Juliet speak in a similar pattern combined to form a sonnet, the ultimate poetic expression of love in Shakespeares period. Romeo and Juliet and A Midsummer Nights Dream was written at roughly the same time as each other and this reflects in the similarities of the two plays. They are connected because in A Midsummer Nights Dream one of the three entwined plots is the workmens performance of the Babylonian legend of Pyramus and Thisbe from which story Shakespeare took inspiration to write Romeo and Juliet it could also be seen as a parody. They are also both love stories but the obvious difference is that A Midsummer Nights Dream is proposed as a comedy and Romeo and Juliet is presented as a tragedy. In the opening lines of Act I, Scene I, Theseus expresses his impatience towards the wait to marry Hippolyta: How slow this old moon wanes! She lingers my desires, like to a step-dame or a dowager long withering out a young mans revenue Time is passing slowly for Theseus, this is subjective, and because of his eagerness to marry Hippolyta to fulfil is desires on their wedding night. He is judging time by the passing phases of the moon that he refers to as a she, which suggests the moon represents Diana, the Goddess of Chastity; he blames her and thinks her lingering is deliberate in an attempt to maintain Hippolytas virginity as she does not approve of Theseus desires. Theseus compares his impatience in awaiting their marriage to the death of an old woman so he can get his inheritance. Hippolytas comparison is more romantic than Theseus: And then the moon, like to a silver bow new bent in heaven, shall behold the night of our solemnities. Shakespeare uses a simile and effectively compares the crescent moon, on which night the couple shall wed, to a silver bow and therefore connects their marriage to Cupid, the Roman God of Love. Shakespeare compares the moon to a silver bow, possibly because in these contexts the moon represents Diana who is often depicted as a hunter with a bow and arrows much like the amazons. The father and daughter relationship in A Midsummer Nights Dream between Egeus and Hermia is similar to that between Capulet and Juliet in Romeo and Juliet. The two plays both feature heroines subject to their fathers authority. Both relationships reflect the patriarchal society of Shakespeares era of which the father was head of the household and their word was regarded by the family as law. To Hermia her father should be as God so Hermias disobedience towards her fathers wishes for her to marry Demetrius would be unexpected and would shock and appal an Elizabethan audience as this is disrespectful to Egeus. Hermias and Juliets stubbornness would bring about dire consequences from their enraged fathers as both threatened harm to their daughters in the case of their defiance. The chastisements are harsh if Hermia does not obey: Either to die the death or to live a barren sister all your life, chanting faint hymns to the cold fruitless moon. There are options for Hermias fate if she refuses to marry Demetrius. She will legally be put to death, which suggests the severity of Hermias defiance, or to live as a sister i. e. a nun and take an oath of celibacy to renounce forever the society of men. Theseus mentions that she will be a slave to Diana, the Goddess of Virginity, praying in vein as Diana is cold and fruitless so will not listen or yield to Hermias desires; Hermia wants to marry Lysander but she has to marry Demetrius or no-one because Demetrius is her fathers choice. Capulet threatens to disown Juliet: Ill neer acknowledge thee, nor what is mine shall never do thee good Capulet judges Juliet as a traitor and is determined to get her to the church on Thursday as he says he will drag thee on a hurdle which was used for the executions of traitors, this emphasises the scale of the insult it would be if Juliet refuses to marry such a worthy gentleman as Paris, and this image of death relates to Hermias punishment.

Monday, October 14, 2019

History of Contract Law

History of Contract Law Contract Law In Brief – History of Contract Law The development of contract law into its modern conception is fundamentally based on the Latin principle of ‘pacta sunt servanda’ (‘all pacts must be kept’) dating back to when trade first began in earnest. Therefore, with this in mind, as the law has developed, breach of contract has come to be recognised by the common law legal system. As a result, it is to be appreciated that remedies can then be effectively provided as a consequence for all manner of agreements that are reached by parties at various levels from individuals to corporations to countries themselves leading to the establishment of obligations between the said parties entered into freely with the aim to create legal relations. This is because of the fact that clearly, in view of the nature of the relationships that are formed, it is important to look to take steps to effectively guarantee equality in these relationships so that the party that is seen to be in the most superior position cannot simply ride ‘roughshod’ over the consumer simply because it suits them. As a consequence, the common law and the legislation that has since been developed through the years in this area has served to establish where a contract has been effectively and legally formed and as to how and when it can be reached and the remedies that are said to be available in such circumstances for the party that is injured by the breakdown in the relationship. Therefore, with this in mind, it is generally believed that the system is effective but, with ongoing technological advancements, only will tell how long it will take before the law is changed in recognition of this. In the development of the concept and principles of the law of contract in this country the courts, in relation to various aspects of the topic, have reached many significant decisions. By way of illustration, one of the most famous cases in the whole of the law of contract must be the seminal decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, in relation to the distinction between an offer and an invitation to treat, that must be closely followed by the decision in Adams v. Lindsell (1818) 1 B Ald. 681, that served to establish the ‘postal rule’ that has since been somewhat adapted, through technological advancements, so as to also be read in accordance with Entores v. Miles Far East Corporation [1955] 2 QB 327. Moreover, the issue of mistake, as a reason for considering a contract to be void, was effectively illustrated by Bell v. Lever Bros Ltd [1932] AC 161, HL, that was also supported by the decision in Derry v. Peek (1889) 14 App Cas 337, HL, in r elation to the concept of misrepresentation. Finally, in relation to consumer protection, the decision in Saphena Computing v. Allied Collection Agencies [1995] FSR 616 is reflective of the need for quality in the goods that are offered by way of contract so that there are standards to be adhered to that can be redressed. In looking to consider whether a valid contract has been formed it is generally considered to be a good idea to look at the negotiations that have taken place between the parties. But this can be quite problematic where there there is a lengthy course of negotiations between the parties because it may be difficult to effectively determine when they have actually reached an agreement, supported by Kennedy v. Lee (1817) 3 Mer 441. Nevertheless, inspite of a prolonged period of continuing negotiations, the courts may be willing to find a concluded bargain; and, if so, a continuance of the negotiations thereafter will not necessarily terminate that agreement, illustrated by Davies v. Sweet [1962] 2 QB 300. However, in making their decision in relation to any series of negotiations put before them, the courts will also look to consider the three fundamental aspects that are recognised as part of any contract – (a) offer; (b) consideration; and (c) acceptance – in order to make their decision about whether an agreement has been fromed leading to a binding contract. (a) Offer The offer is considered to be concerned with the making of a written or oral proposal to give or do something as part of an agreement that may be deemed to be a legally binding contract in certain circumstances that may be express or implied from the conduct of the parties in any given case. As a consequence, it is important to understand that the person making the offer is the offeror, whilst the person to whom the offer is made is the offeree and any given offer must adhere to the following rules – (i) it must be made to a definite person, class or person, or even the world at large; (ii) it must be effectively communicated to the offeree before acceptance; but (iii) the offer is only considered to have been made when it actually reaches the offeree – see, by way of illustration, the decision in Adams v. Lindsell (1818) 1 B Ald. 681. (b) Consideration The element of consideration within a contract refers to that which is actually given or accepted in return for a promise as part of an agreement in the form of a â€Å"right, interest, profit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa (1875) LR 10 Ex 153. Consideration is executed when the act that is considered to constitute the consideration in a given case is performed and is deemed to be ‘executory’ when it is yet to be performed in the future. But regardless of this, any element of consideration must be legal, not be past, and move from the promisee to the promisor, supported by Lipkin Gorman v. Karpnale [1991] 3 WLR 10. (c) Acceptance The idea of acceptance relates to the idea of where an offer is made by one party that is considered to be acceptable to another without qualification in words or through conduct to the offeror in conformation with the indicated or prescribe terms of the offer that has been made, in keeping with the decision in Hyde v. Wrench (1840) 3 Beav 334. But it also must be recognised that it is possible to have an acceptance ‘subject to contract’ where the parties will only be bound where a formal contract is prepared and then signed, according to Chillingworth v. Esche [1924] 1 Ch 97. Moreover, the acceptance of goods within the remit of section 2 of the Sale Supply of Goods Act 1994 takes place when the buyer indicates to the seller that they have accepted them or, when they have been delivered, acts in a way that is considered to be inconsistent with the sellers ownership or retains them for a substantial period without rejecting them. (a) Counter Offer A counter offer is usually taken to refer to the occasions where the offeree makes a response that serves to effectively suggest that there is only likely to be an agreement on terms that are considered to be substantially different from those that were originally put forward. Therefore, with this in mind, this idea is perhaps best illustrated by way of a practical example – i.e. where Party A says to Party B â€Å"You can have my horse for  £10,000† and Party B thinks about this and then says â€Å"I like this horse, but I am only willing to go to  £8,000† that is effectively a counter offer that is also supported by the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. (b) Invitation to Treat The idea of an invitation to treat is effectively based on the premise of an offer to receive an offer and whilst this principle of the law of contract was considered to have most famously been considered in the decision in Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256, it is important to appreciate that, in Fisher v. Bell [1961] 1 QB 394, Lord Parker most effectively served to summarise the concept. This is because of the fact that, in this case, he said that, by way of illustration, â€Å"the display of an article with a price on it in the shop window is merely an invitation to treat. It is in no sense an offer for sale, the acceptance of which constitutes a contract†. (c) The ‘Postal Rule’ As an important aspect of contractual theory, the ‘postal rule’ was an early nineteenth-century common law doctrinal development. Therefore, it served to hols an epistolary acceptance of a contractual offer will be said to become binding when it is put within the course of the postal service, according to Adams v. Lindsell (1818) 1 B Ald. 681, as the fairest method of allocating the risk, supported by Household Fire Insurance Co. v. Grant (1879) 4 Ex. D 216, and to avoid the revocation of the offer that was made leading to the acceptance until it was received, illustrated by the decision in Re Imperial Land Co of Marseilles (1872) LR 7 Ch App 587. Consequently, it is to be appreciated that a complete contractual agreement was said to exist when the properly stamped and addressed ‘letter’ is put in the course of postal transmission, supported by Henthorn v. Fraser [1892] 2 Ch 27, and beyond the power of the acceptor so it is immaterial whether it reaches the offeror or not, illustrated by Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666. Consequently, the ‘Postal Rule’ is usually considered to be somewhat advantageous for the offeree since they will not be responsible for delay because the burden of uncertainty of waiting is with the offeror. Whilst the Internet does not require a direct physical link between the users, it does allow the user to be notified if a message is successfully sent and/or received by another machine. But, whilst it is imperative for the user to re-send their message where it has not been successfully sent or received, in keeping with the decision in Entores v. Miles Far East Corporation [1955] 2 QB 327, intention to formulate e-contracts effectively is still open to debate, illustrated by Pretty Pictures Sarl v. Quixote Films Ltd (2003) All ER (D) 303. Such a view has arisen because the contract in such cases comes into existence where acceptance is received, supported by Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293. Therefore, generally, for revocation of acceptance of an offer to be effective in this area, revocation would take effect when it is communicated if they were considered to be revoking the ‘offer’ to take the goods, illustrated by Byrne v. Van Tienhoven (1880) 5 CPD 349. But this is not the case with ‘electronic contracts’ formed under the ‘postal rule’, so anyone contracting on this basis would need to be advised the acceptance of an offer is complete as soon as the acceptance is ‘posted’. However, there is some controversy in this area because such a revocation would usually in no way have prejudiced the offeror if they were to receive the revocation before the acceptance and the only direct authority is that of the troubling decision in Countess of Dunmore v. Alexander (1830) 9 S. 190 so the better view is that such acceptance is generally irrevocable, in keeping with Wenkheim v. Arndt (1873) 1 JR 73 (NZ). But statutory provisions have provided for a ‘cooling off’ period since the Consumer Credit Act 1974 with one of the most recent examples found in the Consumer Protection (Distance Selling) Regulations 2000. Therefore, on the basis of the Consumer Protection (Distance Selling) Regulations 2000, it is possible to cancel an order because the effective date of cancellation is when the cancellation is sent, but this is usually after acceptance has been received, making it difficult to resolve on the basis of how their contract was formed. The concept of ‘quasi-contracts’ generally arises in cases where the law imposes on someone an obligation, through the creation of another contractual arrangement, to make repayments on grounds of unjust benefit at the expense of someone else, in keeping with the decision in Shamia v. Joory [1958] 1 QB 448. Therefore, with this in mind, more specifically, in the case of building and construction contracts in particular, situations may arise where the party that is paying for the work may draft the contract to derive ‘money benefits’, illustrated by Twinsectra Ltd v. Yardley [2002] 2 WLR 802 and, on analogy, Westdeutche Landesbank v. Islington LBC [1996] 2 All ER 961, HL and may be considered voidable if they entered into it under duress or undue influence, supported by Barton v. Armstrong [1975] 2 All ER 465, PC. But if the contract is voluntarily acted upon, it must also be recognised that it will usually be considered to be binding, in keeping with the dec ision in Ormes v. Beadel (1860) 2 De GF J 333, unless it is voidable on grounds of restituion. Letter of Intent In the past, it has been argued a letter of intent could be considered to be akin to conditional contract, illustrated by British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504. But the success in this particular case can also be contrasted with the decision in Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 where there was an unsccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work in respect of a contract that also never materialised. Such a differing view is largely based on the fact that these cases are not analogous because, whilst one party, in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, requested the other to perform services and supply goods that would have been required under the expected contract, the costs that Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 sought reimbursements for arose in an effort to put itself in a position to obtain and then actually perform the contract itself A breach of contract generally arises where there is a recognised failure or refusal by one of the parties to a contractual agreement to fulfil one of the obligations that have been imposed on them under the remit of that contract. Therefore, with this in mind, in such circumstances the contract will be discharged where the breach of contract in question has been found to lead to the innocent party to the agreement treating it as having been rescinded and also, where it has been found to have the effect of depriving one of the parties of the whole benefit of the agreement with undertakings still to be performed, supported by the decisions in Hong Kong Fir Shipping v. Kawasaki Kisen Kaisha [1962] 2 QB 26 and Photo Productions Ltd v. Securicor Transport Ltd [1980] AC 827. The concept of mistake in the context of contract law serves to negative, or to nullify, consent by preventing the parties involved from reaching agreement and nullifying consent where the parties reach agreement, according to Bell v. Lever Bros Ltd [1932] AC 161, HL. But it is also important to appreciate equitable remedies do not serve to distinguish between mistakes negativing, and nullifying, consent, as well as where a party who paid money seeks to recover it in restitution, illustrated by Kelly v. Solari (1841) 9 M W 54. However, mistake will not negative consent unless it is material to the agreement’s formation, according to Dennant v. Skinner Collom [1948] 2 KB 164. This is because, without the assent of both parties, in most cases each party will look as though they are assenting to the proposed terms; so the objective test will preclude any party from denying an agreement, supported by OT Africa Line Ltd v. Vickers plc [1996] 1 Lloyd’s Rep 700. Nevertheless, if one party is, to the knowledge of the other in a given case, mistaken as to the terms, evidence of subjective intention is admitted, according to LCC v. Henry Boot Sons Ltd [1959] 3 All ER 636, HL, so there will be no agreement in the objective sense and may be even no agreement at all, illustrated by Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761. However, it is also to be appreciated that there seems to be no reason why there should not be a subjective agreement where the other party is estopped, according to Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA, and equitable remedies have been granted, supported by A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555. The concept of misrepresentation refers to the situation where a false statement of fact is made and is considered to be fraudulent if is is made either recklessly or with the intent to deceive, in keeping with the decision in Derry v. Peek (1889) 14 App Cas 337, HL, so anyone induced to enter a contract may then rescind the contract, claim damages or even both, according to S Pearson Son Ltd v. Dublin Corpn [1907] AC 351, HL. Moreover, it is also to be appreciated that a contractor induced to enter a contract by reason of an innocent misrepresentation may also rescind the contract or claim damages. Nevertheless, whilst the court has discretion to award damages in lieu of rescission, under section 2(2) of the Misrepresentation Act 1967, the measure of damages payable is generally the sum of money that placed the representee in the position they would have been in if the representation had not been made, supported by Gran Gelato Ltd v. Richcliff (Group) Ltd [1992] Ch 560. However, it must be recognised that a contractor who continues to act upon a contract after discovering a statement was false loses their right to rescind, accoridng to Long v. Lloyd [1958] 2 All ER 402, CA, so they will only be entitled to the price agreed under that contract, supported by Glasgow South Western Rly Co v. Boyd Forrest [1915] AC 526, HL. (c) Frustration It is also to be appreciated, however, that the doctrine of frustration has evolved so as to serve to mitigate the rigour of the common law’s insistence on literal performance of absolute promises, in keeping with the decision in J Lauritzen AS v. Wijsmuller BV, The Super Servant Two [1990] 1 Lloyd’s Rep 1, so as to be able to give effect to the demands of justice to escape from injustice where it would result from enforcement of a contract. Moreover, the concept of frustration also effectively ‘kills’ the contract and discharges the parties to any agreement from further liability under it, so the doctrine cannot be lightly invoked but must be kept within very narrow limits, since it brings the contract to an end forthwith, without more and automatically. Therefore, with this in mind, it must be recognised that the essence of frustration should not be the act or election of the party seeking to rely upon it, but due to some outside event or extraneous chang e of situation, without blame or fault on the side of the party seeking to rely upon it, supported by Kissavos Shipping Co SA v. Empressa Cubana de Fletes, The Agathon [1982] 2 Lloyd’s Rep 211. (d) Restitution It is also to be appreciated that, generally, where someone is found to have gained unjustly from another’s conduct, those gains should be returned as a result of, what may be considered apt in this context, for example, a breach of contract. Accordingly, by way of illustration, in the decision of Attorney-General v. Blake [2001] 1 AC 268, the defendant in this case had made a sizable profit from the act of breaching his contract with the claimant who was undoubtedly entitled to claim compensatory damages but had suffered little or no identifiable loss. Therefore, with this in mind, the claimant sought restitution for breach of contract and the defendant was ordered to pay over his profits although restitution is still only available in exceptional circumstances. Wrongful Termination Nevertheless, it is also to be appreciated that a wrongful termination does not ipso facto serve to amount to a repudiation of the contract, in keeping with the decision in ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23. But then it must also be recognised that if the employer ousts the contractor from the site or otherwise shows an intention not to be bound by the contract, the contractor may claim the value of the work done and damages. Such a view has arisen on the basis of any instalment payments, supported by Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL, together with payment at contractual rates or prices for work not already included, illustrated by the decision in Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA. Moreover, a reasonable sum will be assessed and payable as a contractual entitlement, with an abatement of the sum otherwise due if the work done is defective, according to Slater v. CA Duquemin Ltd (1992) 29 Con LR 24. Moreover, such an action may also lead to a claim for specific performance of the contract where it should not have been terminated, in keeping with the decision in Beswick v. Beswick [1968] AC 58, HL. As has already been alluded to, there are other kinds of contract outside of the business to consumer, or business to business, agreement that must be recognised. Therefore, with this in mind, it is to be appreciated that within these other concepts of contract, it must be recognised that construction contracts have certain principles that may be considered to very specific to this kind of contract aside from the general principles identifeid for all contracts. (a) Sub-contractors Quantum Meruit By sub-letting part of the work, it is important to appreciate that, within the context of a construction contract, the main contractor impliedly contracts with the sub-contractor that they will not prevent the sub-contractor from doing their work otherwise they will have a claim for damages against them, in keeping with the decision in British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504, under the principle of ‘Quantum Meruit’. However, it is also to be appreicated that the sub-contractor is also liable to the main contractor for defective work, as the relationship between them is similar to that of employer and contractor, supported by Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461. Therefore, this effectively means that where the sub-contractor is in breach and this has caused injury to a third party, they will be liable even if both have been held liable to the third party in tort, illustrated by Sims v. Foster-Wheeler Ltd [1966] 2 All ER 313, CA. On this basis, it must be recognised that the sub-contractor’s liability in contract may include damages and costs the contractor has had to pay to the third party, in keeping with the decision in Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809. (b) Sub-contractors liability A construction contract is also considered to be particularly useful in such cases where, in breach of a contract, the sub-contractor then proceeds to delay completion of the overall work, having known at the date of contracting that the main contractor is liable to liquidated damages or forfeiture for delay, the liability of the sub-contractor to the contractor is increased, in keeping with the decision in Hadley v. Baxendale (1854) 9 Exch 341. Therefore, with this in mind, the main contractor will then be able to recover the damages they have had to pay out to the client owing to the delay caused by the sub-contractor, or profit they would have made, together with the cost of work, supported by Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA. However, it is also to be appreciated that knowledge of the main contract is not sufficient to prove the sub-contractor agreed with the main contractor to be bound, so if the sub-contractor properly completes their work, their right to payment will not depend upon the certificate of the architect, notwithstanding it is a condition precedent to payment to the main contractor, in keeping with the decision in Southern Water Authority v. Carey [1985] 2 All ER 1077. But where the sub-contractor expressly contracts to be bound by the terms of the main contract, provisions as to retention money will be applied to them proportionally, supported by Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA. Nevertheless, it must also be recognised that a sub-contractor who voluntarily undertakes extra work or uses better materials than those stipulated has no claim, according to Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462. (a) Sale of Goods Act 1979 The remit of the Sale of Goods Act (‘SGA’) 1979 effectively applies to sale of goods contracts with its implied terms in relation to quality and fitness for purpose with regards to both business-to-consumer and business-to-business sale of goods contracts. But whilst, in view of the changes made by the SGA 1995, the standard covering issues such as freedom from minor defects and durability seems to have become quite high, this may, in fact, be something of a misnomer, according to, for example, Saphena Computing v. Allied Collection Agencies [1995] FSR 616. Moreover, there is an old legal maxim, ‘nemo dat quod non habet’, which means ‘no one can give what he does not have’, that was enshrined in the SGA 1979 long ago in 1893 so that if someone sells goods that are not there’s, or which they do not have the authority to sell, the buyer cannot acquire ‘good title’, so that the ability to pass property and the time of its passin g are very important. In looking to appreciate the significance of the Unfair Contract Terms Act (‘UCTA’) 1977, it must be recognised that, whilst, generally, the law of contract has created a range of ways for the individual terms of a contract to be avoided or ‘blunted’, the remit of UCTA 1977 is actually almost entirely focussed upon contractual provisions and notices that look to effectively limit or exclude liability, or its equivalent. As a result, whilst some of UCTA 1977’s controls apply universally and strike down particular terms unconditionally, other controls actually allow a ‘term’ to be effectively justified as ‘reasonable’, so a large business can still impose onerous terms, because there is no statutory protection provided for. This is supported by the fact courts in this country have also looked to apply principles to make contracts work, according to the principle established in G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 that â€Å"the transaction †¦ performed on both sides will also make it unrealistic to argue that there was no intention to enter into legal relations Specifically, the fact that the transaction is executed makes it easier to imply a term resolving any uncertainty, or alternatively, it may make it possible to treat a matter as not finalised in negotiations as inessential†. Therefore, with this in mind, each and every case that comes before the court in this country must be decided solely on the specifics of its facts and the construction of its agreement. As a result, some surprisingly draconian exclusion clauses have been upheld, supported by SAM Business Systems v. Hedley Co [2002] EWHC 2733, despite the fact English case law developed no general principle allowing terms apparently agreed by parties to a contract to be attacked solely on grounds of unfairness, illustrated by Mitsubishi Corp v. Eastwind Transport Ltd [2004] EWHC 2924. This is because, according to the Law Commission’s ‘Second Report on Exemption Clauses’ ((1975) (Law Com No. 69)), a contract term â€Å"bears its natural meaning of any term in any contract (and is not limited to terms in a contract between the instant parties)†. But it is also to be appreciated that a contract term or notice may amount to a contractual exclusion clause which is apt to exclude or restrict liability for breach of either a contractual or tortious duty of care, supported by Johnstone v. Bloomsbury Health Authority [1992] QB 333, or a disclaimer notice apt only to exclude or restrict tort liability, dependent on the nature of the contract (c) The Consumer Protection Act 1987 In keeping with this line of thought, it is also important to appreciate that the remit of the Consumer Protection Act (‘CPA’) 1987, between sections 10 and 19, supported by the decision in R v. Liverpool City Council, ex p Baby Products Association Ltd [2000] LGR 171, DC, has looked to effectively establish a system so as to be able to impose liability in relation to unsafe consumer goods and a standard of saftey that all maufacturers and retailers must look to comply with or risk committing an offence. Therefore, on this basis, the CPA 1987 has also served to establish that any breach of the safety regulations is an offence that not only provides a consumer with even greater scope to reject the goods, but also serves to give the Secretary of State the power to be able to serve prohibition notices. ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Law Commission’s ‘Second Report on Exemption Clauses’ (1975) (Law Com No. 69) A Roberts Co Ltd v. Leicestershire County Council [1961] Ch 555 Adams v. Lindsell (1818) 1 B Ald. 681 Alternative Publishing Ltd v. Kingstar Manufacturing (UK) Ltd [1996] CLY 1223, CA Ashwell Nesbit Ltd v. Allen Co (1912) 2 Hudson’s BC (4th Edn) 462 Aurum Investments Ltd v. Avonforce Ltd (in liquidation) Knapp Hicks Partners Advanced Underpinning Ltd (Pt 20 defendants) (2001) 3 TCLR 461 Bank of Boston Connecticut v. European Grain Shipping Ltd [1989] AC 1056, HL Barton v. Armstrong [1975] 2 All ER 465, PC Bell v. Lever Bros Ltd [1932] AC 161, HL Belle River Community Arena Inc v. WJC Kaufmann Co Ltd (1978) 87 DLR (3d) 761 Beswick v. Beswick [1968] AC 58, HL Biggin Co Ltd v. Permanite Ltd [1951] 2 KB 314, CA Brinkibon Ltd. v. Stahag Stahl Stahl warenhandelgesellschaftmbh (1982) 1 All ER 293 British Steel Corporation v. Cleveland Engineering Co [1984] 1 All ER 504 Brogden v. Directors of the Metropolitan Railway Company (1877) 2 App. Las 666 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Byrne v. Van Tienhoven (1880) 5 CPD 349 Caister Group Developments Ltd v. Paul Rackham Construction Ltd (1973) 226 Estates Gazette 809 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Countess of Dunmore v. Alexander (1830) 9 S. 190 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Dennant v. Skinner Collom [1948] 2 KB 164 Derry v. Peek (1889) 14 App Cas 337, HL Entores v. Miles Far East Corporation [1955] 2 QB 327 ER Dyer Ltd v. Simon Build/Peter Lind Partnership (1982) 23 BLR 23 Felton v. Wharrin (1906) 2 Hudson’s BC (4th Edn) 398, CA Fisher v. Bell [1961] 1 QB 394 G Percy Trentham Ltd v. Archital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 Geary, Walker Co Ltd v. Lawrence Son (1906) 2 Hudson’s BC (4th Edn) 382, CA Glasgow

Saturday, October 12, 2019

A Portrait of the Artist as a Young Man Passage Commentary :: essays research papers

Passage: Page 248: â€Å"-You made me confess the fears that I have†¦Ã¢â‚¬  – Page 249: â€Å"Cranly did not answer.†   Ã‚  Ã‚  Ã‚  Ã‚  In this passage, Stephen is saying how Cranly has made him confess all of his fears to him, but then he tells Cranly what he does not fear. Stephen tells Cranly that he does not â€Å"fear to be alone or to be spurned for another or to leave whatever† he has to leave. Stephen has gone through several stages in his life, and now that he has gone through all of those stages, he feels that he needs to go further into himself to try to discover his real self. Stephen also mentions to Cranly that he is â€Å"not afraid to make a mistake, even a big mistake, a lifelong mistake and perhaps as long as eternity too.† This shows that Stephen feels that making mistakes is fine because in the end, he will learn from his mistakes. Meanwhile, Cranly repeats the word â€Å"alone† twice to try to enforce the word to Stephen and make sure that the word stands out to him. He is trying to make sure that he understands what Stephen is really saying. Cranly also points out that the word â€Å"alone† means â€Å"not only to be separate from all others but to have not even one friend.† By saying this, Cranly is trying to point out to Stephen that if he leaves everything, he will also be leaving Cranly, who is Stephen’s best friend. Stephen replies without hesitation that he â€Å"will take the risk.† This shows how determined Stephen is to pursue art as a career. Cranly goes on, while ignoring Stephen’s last sentence, talking about how if a person is truly alone, he or she would not â€Å"have any one person†¦who would be more than a friend, more even than the noblest and truest friend a man ever had.† At this point, it is unclear about whether Cranly is addressing Stephen or talking to himself. Cranly remains quiet afterwards pondering that thought while Stephen looks at Cranly’s face for any reaction. Stephen then realizes that Cranly had been speaking of himself, and of â€Å"his own loneliness which he feared.† After some time, Stephen finally asks who Cranly is speaking of, but Cranly remains silent and does not answer. In this passage, it becomes very clear that Stephen and Cranly are two very different people despite the fact that they are best friends.

Friday, October 11, 2019

Issues and Challenges of Logistics in Malaysia: a Perspective

In the Asia Pacific region, the potential for growth in logistics is very promising. Although Malaysia's economic growth rate is increasing, but advances in logistical in this country is still on modest level. Under the Third Industrial Master Plan (IMP3), which was launched in 2006, Malaysia’s logistics development were charted carefully and diligently as to keep on pace with other countries in South East Asia. However, Malaysia is still lagging behind neighbour countaries such as Singapore, Thailand and Vietnam on transportation, bureaucratic and logistical issues. These issues need to be improve so that Malaysia can compete with these three countaries. Major Comments : Author Assumptions Transport and Logistics issues The production possibilites frontier (PPF) is the boundary between those combinations of goods and services that can be produced and those that cannot produce. In this issues, logistics development are the production and the problem are poor transport infrastructure, underdeveloped transport and logistics services and slow and costly bureaucratic procedures are the big issues that gives high logistics cost in Malaysia. Furthermore, the use of technology also needed in order to make some improvements to make logistics more efficient. Almost 20 years, Malaysia still trying to reduce transport and logistics cost. However, increasing in imports and exports but storage capasity in Malaysia are not well improve gives big impact to economics growth in Malaysia. This causes demand and supply are cannot be fulfil. Eventhough Malaysia adding new berths but Malaysia still cannot cope with increasing amount of space available on both depots and depots which causes Maritim still not fully efficient. In these issues, we must build as many as the new berths in order to maintain high capasity. For multimodal transport issues, Malaysia uses containers for the maritime part of trips, loading and unloading them in the ports rather at the origin and destination of their cargo. This eliminates the main cost-saving advantages of container use. However, poor transport infrastructure makes are hard its hard for unloaded. This is because road and rail infrastructure are not so good especially in East Malaysia. Furthermore, trade documentation in customs clearances need to be simplified in order to reduce port congestion. In addition, freight forwarding industry are still underdeveloped with only 10% of trade-related transport services uses this way. This causes demand and supply are not meet in positive ways. The high costs of land access to ports, reinforced by the effects of production agglomeration, have caused an excessive concentration of export-related activities in port cities and essentially restricted the benefits of trade growth to the areas immediately surrounding ports. However, if the benefits of trade are to be more widely distributed, the penalties of inaccessibility need to be addressed. Such action could not only stimulate trade-induced growth in currently inaccessible areas, but if successful, this could reduce and slower the growth of trade-induced urban congestion and pollution in port cities. Analysis In IMP3, specific targets has been set for the logistics industry which is to grow at 8. 6% during the 15-year plan’s period. In the other hand, logistic industry shall contribute 12. 1 to GDP (Keluaran Dalam Negara Kasar, KDNK) by 2020. Moreover, Malaysian ports shall handle 36 millions TEUs (container) by 2020, 2. 4 million tonnes for air freight and 18. 6 million tonnes for rail freight. Author Suggestion on Improvement In order to make improvement in logistics development, the Goverment needs to addressed few things such as Domestic Integration, Private Sector Collaboration and Regulatory Environment for Transportation. For Domestic Integration, transportation services should be improved especially road, waterways and railways in East Malaysia. For example through postharvest services, cargo consolidation through farmer or business associations, information on prices and market demand, access to credits and human skills. In the other hand, the needs of quality logistics for high-value products needs to improve. Such as freight forwarding, 3PL, warehousing, storage, packaging, e-business use and tracking services. Private sector are tend to more competetive than public sector. To encourage private sector collaboration, the Government has established the Malaysia Logistics Council (MLC) in January 2007 which is: i. To provide leadership and serve as a focal point to address all issues relating to the development of the industry, ii. Monitor and coordinate implementation of programs and activities of the respective Agencies/Authorities at both Federal and State levels involved in the development of the industry, iii. Steer research and training activities of the Center of Excellence for Logistics and Supply Chain and iv. Streamline strategies and policies governing the logistics industry which cuts across several implementing authorities. Minor Comments (Figures) 1. Logistics Development Supply When Logistics industry increases, the supply curve shifts rightward 2. Maritime Issues However, whe n Storage capacity cannot cope with the space available make supply decreases, thus the supply curve shifts leftward. 3. Multimodal Transport Failure in multimodal transport for loading and unloading are decreases, the supply curve shifts leftward. . Ports and Land Access When Ports and Land Access are not fully functional, the the supply curve shifts leftward. 5. Air Freight The decreases in Air Freight operations makes the supply curve shifts leftwards. Conclusions The needs of major improvement need to be done in order to improve logistics arrangements such as ports and infrastructure, freight management, connectivity and usage of technology. Malaysia will continue to review and undertake progressive liberalisation of its services industry taking into account domestic capability as well as to enhance competitiveness at the global and regional levels. References: * http://academia.edu/1360843/Issues_and_Challenges_of_Logistics_in_Malaysia_A_Perspective * http://academia.edu/1059313/Logistics_and_Supply_Chain_in_Malaysia_Issues_and_Challenges * http://www.apec.org.au/docs/10_TP_SUPPLY/7.%20Trade%20and%20Logistics%20-%20An%20East%20Asian%20Perspective.pdf

Thursday, October 10, 2019

Postmodern Hindu Law

The Hindu law has been a guiding principle for our society, especially in certain matters like the conjugal affairs or the responsibilities of kinship. The Kutia Kandha customs are also based on the lines of Hindu law but they seem to be more systematic. Maintenance As per the Hindu law, regardless of ownership of property, a person is morally obliged to take over the responsibility of his wife, old parents and minors. This norm is followed by the Kutia Kandha people with some further inclusions. Accordingly, the inheritance of a property should not become the basis of a son's commitments towards his parents or his wife. It's the duty of sons to look after their parents even if they don't inherit the property in return. But the nuance is that the responsibility of staying with the old parents comes down to the youngest one. He has to take care of everything, even the funerary rights of his parents. Same rule applies on an adopted son; no property will be inherited if he fails to fulfill his responsibilities.Similarly, maintenance of minors and unmarried or handicapped children is a responsibility that parents cannot avoid. In circumstances like death of parents, the duty is accorded to near male kin, if he is inheriting the property. In another situation, if the husband dies, the widow has to maintain the minors until the eldest one turns a major. And in case, she marries some outsider, the responsibility of the minors and the property, everything goes under the control of the family of deceased husband, basically a male kin of his.GuardianshipWhether a minor is legitimate or illegitimate, there should be a guardian to take over his responsibilities. The Kutias have elucidated certain points that are needed for the consideration of guardianship. Father is the natural guardian of a child, and in case of his death, the mother becomes one. A major child may become a guardian of his minor siblings in case both the parents are dead. In absence of such a major child, the responsibility goes to either of the grandparents. Grandparents to next full brother and then to half brother, this process continues until and unless there is some male kin of their father available for such guardianship. Else the process is repeated in maternal clan.Illegitimate child goes with the legitimate husband of the deceased woman, and in case he denies, the family of woman is supposed to take care of the child.Adopted father of an adopted son is his guardian and not the real father, in such a case.Lastly, in case of a divorce, the children stay with father. If they are small enough not to live without mother, they remain with the mother and go to the father once they grow up.AdoptionThere are many reasons, for which a person may want to adopt a child; some childless couple may want an old age support or some may not be willing to have their own kids and just go for adoption. Whatever the reason maybe, anyone can adopt a child.The Kutia Kandhas have delineated the conditions of adoptions. One can adopt a child of any gender but he should start choosing from his paternal kinsmen, if not available then from an outsider, whether from same clan or not. The adopted son is entrusted with all the responsibilities of a real son (ibid) thereafter and becomes the inheritor of his adopted parents' property, too. Even the responsibility of minors, widow, old grandparents etc is invested on him. Failing to which, his property may be forfeited. If a situation arises wherein the adopted son and father separate, the question of inheritance of property depends upon the case of separation. If the adopted son is guilty, he may not get anything; otherwise he can claim the rights.Not every rule is just for adopted son, even the adopter have some duties towards him, like looking after his welfare, marriage and every other aspect that he may do or have done for his real son.

Pretrial Process

PRETRIAL PROCESS This outline is to show the Pretrial process. Above all else we need to be aware of the suspects Sixth Amendment rights. The right to a lawyer- This right is given to all. This is a guided hand for the defendant. Prosecutions decision to charge After arrest the government has the decision on whether to file charges or not. If they decide to charge then they will file an indictment, Based on the facts. Reviewing the charges Once the indictment is filed in the lower courts then a judge has to decide if there is enough legal evidence for probable cause. If so, then the judge schedules for a first appearance.First court appearance Where the judge reads the charges to the defendant Advises the defendant of certain rights they have Lawyer or Public defender if indigent Sets bail Bail Normally cash or bond If set too high then detention until trial Grand Jury Review Charges, evidence, and testimony goes before the grand jury Preliminary Hearing Both prosecution and defendan t present their cases to the judge to again see if there is enough evidence for trial The defendant has the chance to challenge the prosecution’s evidence Judge then decides again if there is enough evidence for trial Pretrial motionsMotions of Discovery Motion to suppress Jury selection 64 people become possible jurors Prosecution and defense make their preemptory challenges For 8 rounds each till down to 12 jurors and 4 alternates Trial commences Direct examination, cross examination, witnesses heard, evidence entered, closing arguments Jury Instruction Judge tells the jury what they are allowed to consider and what charges they are deciding on Must be beyond a reasonable doubt.

Wednesday, October 9, 2019

Life of Thomas Merton PowerPoint Presentation Example | Topics and Well Written Essays - 1000 words

Life of Thomas Merton - PowerPoint Presentation Example 1915, January 31, Merton was born at Prades, France to two artists- his father a New Zealander and his mother, an American. 1961 moved to USA to live with mother until she died in 1921 1922 lived in Bermuda with his father 1925 went to school in France where he lived with his father 1928 went to school in England 1931 his father dies 1934 entered Columbia University 1938 graduated from Columbia and received into the Catholic Church 1941 entered the Abbey of Our Lady of Gethsemani, Trappist, Kentucky 1944 published first set of poems, â€Å"Thirty poems† 1946 published first book, â€Å"A man in the divided sea† 1948 published autobiography, The Seven Storey Mountain and What are these Wounds? 1949 ordained as priest 1951 Master of Scholastics until 1955 1955 Master of Novices until 1965 1965 lived in solitaire at a shed in the monastery 1968 died on December 10, at Bangkok, Thailand Spiritual Journey: How did he or she develop in their spiritual walk? Did he or she have any unique spiritual habits?   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Interestingly, Thomas Merton entered the Abbey of Gethsemani  on December 10th, 1941. Thus, he became a monk in one of the strictest Roman Catholic order of monks. In order to deepen his spiritual walk Thomas Merton was known for his desire to remain in solitude and meditate on his heavenly father. Further, he would write endless poems and books about various topics one of which was his spiritual experiences. Merton appeared to have an insatiable appetite for discovering his inner being and obtaining a deeper walk with God thus later in his life he visited Bangkok to discuss the possible integration of Western and Eastern religions. So impressed was the Dali Lama on his encounter with Merton that he expressed his opinion of Merton as the first Christian to ever grasp such a deep understanding of Buddhism. Merton loved to be in solitaire and spent four years of his life in a shed on the monastery. He spent time fasting and p raying as well as meditating. In his ‘New Seeds of Contemplation’ describes contemplation as being ‘visibly touched’ by God who is invisible yet real. Contemplation played a great part in Merton’s life. For Merton contemplation was the essence of one’s life. Contribution to Christian History: What can we learn from this person? What have they written or influenced in the history of Christianity? The Merton Institute suggests that Merton was perhaps the ‘most influential American Catholic author of the twentieth century.’ His autobiography entitled, The Seven Storey Mountain, has been translated in more than twenty-eight languages. Remarkably, Merton was responsible for the teaching of the young monks who came straight from the outside world. Eventually, he became a Master of novice where he was responsible for the socialization and the training of novice monks. The Merton institute states that during this life as a monk he wrote m ore than sixty books and hundreds of poems. Yet in spite of this plethora of writing Jim Forest insists that Merton always maintained that his first duty was to his life as a monk and everything else took second place. Consequently, one can conclude that not only did Thomas Merton contribute to the spiritual dimension of the Roman Catholic monks but also his involvement and thoughts on nonviolence, racial discrimination, and the integration of Western religion with the Roman Catholic Faith influenced the entire world. Merton was criticized by Catholics and non Catholics alike for his outspoken