Essay on Equality by Differences - 1230 Words

Equality by Differences nbsp;nbsp;nbsp;nbsp;nbsp;The end of the Civil War marked the destruction of the institution of slavery and thus, at least officially, the equality of all races within America. However, people used to being either slaves or masters for many years simply do not change out of their former roles overnight. In the decades following the Civil War, the legacy of slavery was very apparent, as blacks struggled with both poverty and second-class citizen status. True equality had yet been achieved. Such was the aim of writers like W.E.B Dubois and Booker T. Washington, who sought to put both level the social, political, and economic playing fields for both blacks and whites. Although both Dubois and Washington had†¦show more content†¦However, his opinions on how that change would be achieved differed significantly from Washington’s. Dubois viewed many aspects of Washington’s plan to integrate blacks into white society as â€Å"selling out†. To Dubois, what was imp ortant was not necessarily economic self-sufficiency, but the long-awaited coming of self-consciousness and self-realization, after years of being nothing more than nameless commodities. To Dubois, it would not be enough for blacks to simply assimilate themselves into the white system, but blacks would have to assert their unique cultural, social, and political identity. He writes in his 1897 article, â€Å"Strivings of the Negro People†, that the black man, in order â€Å"to attain his place in the world, he must be himself, and not another.† Their ancestral roots in Africa, their experiences under years of slavery, and their experiences out of slavery lead to a unique cultural and political perspective that develop into a race consciousness. Blacks as a race and nation must contribute their ideas, their views, and their culture to white America, benefiting the country as a whole and leading to a pattern of mutual enrichment. â€Å"The ideal of fostering the traits a nd talents of the Negro†, says Dubois, is â€Å"in order that some day, on American soil, two world races may give each to each those characteristics which both so sadly lack.† nbsp;nbsp;nbsp;nbsp;nbsp;Washington agreed with Dubois on theShow MoreRelatedDifference Between Equality And Opportunity And Equality1247 Words   |  5 Pagesour political culture is civic duty, equality,democracy, individual responsibility, and liberty. 2. What is the difference between equality of opportunity and equality of results? 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In A Theory of Justice, John Rawls, an influential political philosopher of the 20th century, attempts to provide a solution to this dilemma by presenting a hypotheticalRead MoreGender Equality And Gender Differences Of The Play Top Girls And A Streetcar Named Desire 1466 Words   |  6 PagesThe plays ‘Top Girls’ and ‘A Streetcar Named Desire’ are written in ways that explore the issues surrounding gender equality and gender differences. Churchill explores the ideas of a feminist utopia where the men and women live in separate spheres which are prescribed to suit the stereotypical roles of the genders. For example at this time power dressing was a real strategy used by the new breed of feminists struggling for identity in society. We learn about the relationship between women and workingRead MoreGender Inequality Between Men And Women1255 Words   |  6 PagesSocial gender roles lead to various forms of inequality and disparity between men and women, which in relation to the socio economic, political and cultural ideologies plays a negative role in girls (Asley 2014) .While some societies, defend gender differences based on their cultural norms and religious beliefs, this tends to restrict women physical and mental space.†Across social classes girls tends to have less physical mobility than boys and thus less freedom to move to larger towns or other countriesRead MoreOrganizational Success Is Increasingly Becoming Dependent On An Organization1627 Words   |  7 Pagesdiscusses organizational approaches to managing equality and diversity. 1.1 Purpose of essay The overall aim of this essay is to critically evaluate organizational approaches to managing equality and diversity. Snape and Redman (2001) stated that even among top and global organizations which are carry out a variety of diversity polices, implementation is more of an issue of talk than of actual practice. This essay discusses some theory around equality and diversity, and further discusses how someRead MoreFormal and Substantive Equality1185 Words   |  5 PagesQuestion 5- Explain the difference between formal (or procedural) equality and substantive equality. Formal equality is known as the formal, legal equality. This is the equality that is seen as one law should be applied to all people, social and personal characteristics are no factor. Formal equality aims to distribute equality fairly and evenly, and aims to treat people the same. Formal equality does not ensure the wellbeing of individuals based on race, ethnicity, sex, age etc. UnfortunatelyRead MoreNozick s Version Of Libertarianism1481 Words   |  6 Pagesthe original position, b) the veil of ignorance, c) primary goods, d) the liberty principle, e) the difference principle, f) the fair opportunity principle, g) why we would select the difference principle in the original position, and h) what his theory says a distribution must be like in order to be just. Rawls version of egalitarianism is the need for a balance of freedom of opportunity and equality of everyone involved. The original position is, â€Å"We selected principles of justice for our societyRead MoreThe Aftermath Of The Civil War1578 Words   |  7 Pagesof the different conceptions of equality. The writers during this period strongly emphasized equality of opportunity, as opposed to equality of outcome. They held that equality should be regarded in functional terms and equality in voting, equality before law and equality of economic opportunity became their chief concerns. William G. Sumner, a staunch defender of the Darwinian ideals of individual liberty and laissez faire, was of the opinion that formal equality is an essential characteristic ofRead MoreAnalyzing Rawls Second Principle of Justice1752 Words   |  7 Pagesto create a public culture hospitable to the disagreements that will inevitably arise (p.261). The difference principle Rawls has pioneered the justice principle, which has two sections. In the first section, Rawls argues that there must be fair equality in distribution of opportunities throughout the society. Opportunity based on fair equality varies from opportunity based on formal equality or even the concept of opening careers to talents. Restricting job opportunities leads to lack of formal

The Real All Americans Free Essays

The Real All Americans combines the tales of two merging chapters in American history, a time when football is leaping out of the dirt, and the Western Frontier is disappearing. The book reads like a â€Å"who’s who† of history. It also introduces us to and establishes Olympian Jim Thorpe, a multi-sport player once considered the world’s greatest athlete, and legendary coach, Glenn â€Å"Pop† Warner. We will write a custom essay sample on The Real All Americans or any similar topic only for you Order Now Abolitionist Harriet Beecher Stowe, Indian War Chief Sitting Bull and future president Dwight D. Eisenhower also play significant roles in the book. Author Sally Jenkins weaves a history lesson together beginning with a bloody massacre in 1866 and bookends the tale with a battle on the football field in 1912, Indians versus the Army. In 1866, members of the Sioux, Cheyenne and Arapaho tribes lured the U. S. military into a trap. It proved a fierce and violent coup to ward off annexation of their land. Chieftain American Horse slit someone’s throat in the battle, and other natives removed scalps then gallantly rode home to brag of their victory. The Indians won the battle that day but not the war. Despite their recalcitrant stance against the expansion of the U. S. Territory, change was coming. American Horse nearly decapitated a man to display his staunch opposition against being forced into a reservation. He would later buy a suit from Saks and send nearly a dozen of his offspring to a U. S. government run boarding school. To demonstrate the transitory times the country faced, Jenkins masterfully walks us through history. By 1890, the first Transcontinental Railroad is completed. It runs through once serene land the natives called home. The tracks have dissected their frontier, carving out even smaller allotments then what the government issued to the natives. The infamous â€Å"cowboys and Indians† battles have nearly disappeared like the Western frontier. At this time, football began to take hold of the American psyche. The brutality of the sport provided a new outlet for men to showboat their masculinity. America is at a crossroads. It knows it must live amongst the natives, the people whose land the government has taken. American leaders know some of the Indians will seek to live outside of the oppressive conditions of the reservations. They question how they will live civilly with the â€Å"savages†. Fighting is no longer the answer. Assimilation becomes the solution. But it is not fully embraced by either side. Did natives have the mental capacity to â€Å"learn the way of the white man†? Indians feared losing their centuries old mores. Army officer and abolitionist Richard H. Pratt sought the government’s approval to launch the social experiment. He had what he believed to be success in absorbing and â€Å"curing† the hardest of Indian resisters when he ran a military prison in Florida. Pratt opened The Carlisle Indian School in Carlisle, Pennsylvania hoping to strike gold again. He Christianized the students and cut their hair to make them similar to the white man. While Pratt’s legacy is mixed, Jenkins makes it clear that the superintendent is fond of the students he recruited and treated them like he would his own children. Jenkins eloquently illustrates how this experiment is not without heartache and failure. For every handful of children that willingly assimilate, at least one native revolts, runs away or returns home scared and confused. Pratt thought abandoning their native tongue, denouncing violence and learning how to eat with a fork and spoon were the only ways American society would accept Indians. A student named Plenty Horse returned to his reservation with one mission, to wipe the stain of Carlisle from his character. He killed an innocent American military member to impress his tribe. Pratt would argue he had more success stories than accounts of failure, and he attributes that the football team he begrudgingly allowed on campus. The mortal combat-like sport had captivated the nation, and Carlisle men caught the fever too. Pratt repeatedly denied his men a chance to compete telling them they would face more humiliation if they signed up to take the brutal beatings Ivy League teams loved doling out. The Carlisle Indians had the weight of a race on their scrawny shoulders, Pratt said. Their losses would be exaggerated and their wins downplayed. But his boys did not care. In 1895, Pratt relented and granted the men permission to play on one condition; they had to leave the violence up to the other teams because the Indians were already perceived as savages. That condition was the driving force behind the Indians’ desires to play. They wanted a chance to prove they were not savages or mentally inferior to their Ivy League counterparts. Within a year of playing the Indians embarked on an unprecedented feat, they played Harvard, Princeton, Yale and Penn consecutively. At that time in history, that would be considered a mortally dangerous schedule. Football did not have the regulations that govern it today. In 1905, the football field saw 146 deaths. Huge wedges of men would run at each other, pick up running backs and throw them, and break legs, noses and necks. The physical prowess of the other teams did not frighten Carlisle. The opposing teams grinned every time they kicked an Indian; the Indians were only allowed to grin when they got kicked. The Carlisle Indians put up a valiant effort against the big four but lost all of the games, however that is attributed to several blatantly bad calls. The team almost upset Yale, but a referee called back what would have been the winning touchdown. It was so bad, the next day the White press wrote, â€Å"Carlisle proved it could beat 11 young Yale men, but not 11 young Yale men and a referee†. While the rag-tag team of players enjoyed several glowing reviews over the decades, the Carlisle men felt like they were denied proper credit. A large portion of the press would attribute their victories to their White Yale coaches. Their losses, on the other hand were the inevitable evidence of their â€Å"Indian character flaws†. Despite the humiliating obstacles the team faced, the Indians progressively got better, thanks in part to the hiring of Glenn â€Å"Pop† Warner, a real gamesman. He had a taste for gambling but an even larger appetite for experimental plays and encountered equal minds when he coached the Indians. They too wanted to play the game their own way and outwit their opponents. They changed the game when they started running around teams instead of through them, a sight no one and witnessed at that time. Carlisle started the first trick plays, hiding the ball, and they dominated the field when the forward pass was made legal. No one could stop Jim Thorpe, except Jim Thorpe. Warner said his carelessness and laziness led to losses in games the team had nearly sealed up as victories. Thorpe briefly left the school to pursue his love of baseball, which would later lead to him being stripped of the gold medals he won at the Stockholm Olympics. Warner convinced his star to return to school for one final battle, the 1912 game against the U. S. Army, a team that had nine future generals on its roster. A young Dwight D. Eisenhower was in the backfield. In the locker room, Warner reminded his team of â€Å"Wounded Knee† and all of the other atrocities committed against their tribes. This was their time for revenge he harped. They could wage war on the football field instead of the battlefield. Of course the cadets were favored to win. Rooting against them would be â€Å"Un-American†. Army had caught up to the Ivy League teams, and was in the midst of a four-year stretch in which they built a record of 28-5-1. The game had national implications for both teams. Army had lost only once that season, to Yale (6-0). A win over Carlisle would catapult Army to a number one ranking. The emotional and practical stakes were obvious for the Indians. The game represented their continual fight for respect. They were clearly the best offense in the country, but commentators continued to mark them with an asterisk as if they were less than a real college team. The Indians were ready for war. They graced the field with sleek formations. Several fast forward passes combined with trick plays tomahawked the Army. Final score, 26-7. They did not just change football; they slowly changed the misconceptions of Indians. They stood up to humiliation and mockery with grace and dignity. They took beat downs and grinned, leaving spectators to question just who the â€Å"savages† really were. They claimed many victories over Ivy League schools stocked with players who descended from men who stole the Carlisle Indians’ Land. They proved they were the Real All Americans. But their celebration would be short-lived. The team nearly imploded after the win, and Warner found himself coaching a team that no longer respected him. Thorpe had been outed as a â€Å"professional† because he played baseball for money, and he lost his gold medals. Warner knew all along what Thorpe had done, but he acted as if he had no clue. That enraged the Carlisle team, and members wrote Congress and also divulged details of Warner paying his athletes. Warner was later asked to resign. Outside forces also erased Carlisle’s place in the history books as well. America was undergoing yet another transformation. The public now believed it was wrong to have taken natives from their homes to place them in far-away boarding schools. It was time to end the â€Å"experiment†. The little support Carlisle had left had faded. Pratt was long gone. Weaker leaders replaced him and none had a desire and commitment to the natives like Pratt. By 1918, The Carlisle Indian School had closed. How to cite The Real All Americans, Papers

Quash Quell Construction Limited

Question: Discuss about the Quash Quell Construction Limited. Answer: Introduction This study will benefit immensely from three main legal concerns that have been identified from the facts given. It is instructive to note that the first legal issue that will be discussed is construction law in relation to the law of contract. This legal issue affects Quash quell Construction Limited (QQ) and Retro Salvagers Ltd (RSL) because they had a contract whose subject matter was construction and in particular a contract to deal with refurbishment of a dilapidated building. The second legal issue that has been identified is in relation to the law of tort and it is Negligence as a civil wrong. This will be demonstrated by the relationship between Dapar Heating Systems Ltd. and Quash quell Construction Limited (QQ) where the former was expected to conduct a service with great skill and care but there is a probability that he did so negligently. The last legal issue will be misrepresentation which is manifested by the fact that Dapar Heating Systems Ltd made statements before th e contract was made that appear to have induced Quash quell Construction Limited to enter into a contract. In contract law the cardinal principal is that parties to the agreement have the moral imperative to perform their contractual obligations as has been stipulated by terms in the contract. It follows that failure to meet the contractual obligations amount to a breach in contract law and liability fro the payment of damages. It bears noting that breach of the contract terms that have been stipulated in the agreement attracts loathsome consequences as was demonstrated in the case of Jerry Bennett Masonry, Inc. v. Crossland Constr.Co.[1] Where a subcontractor company entered into a legal agreement with the contractor which expressly interdicted any delay. Unfortunately the subcontractor company breached the agreement and the court ordered the payment of hefty delay damages. Quashquell Construction Limited (QQ) contracted Retro Salvagers Ltd (RSL) to conduct the refurbishments of their newly acquired offices and they therefore were notified of all the areas that need refurbishment and were able to foresee the duration and amount of time that would be involved to complete the work timeously. It is thus imperative to note that the delay that occurred in this case is regarded as an inexcusable delay in construction law which is a delay that has been caused by a contractor due to his negligence and the other party will be entitled to make a claim for damages.[2] Quashquell Construction Limited has a contractual obligation to conduct the refurbishments within the rules that have been set in the contract. It is overarching principle in law that the once a contract has been signed the parties are bound by the terms in the agreement although one may have failed to read or comprehend the terms.[3] The court have since held that incase a delay may occur in to the construction the contractor is supposed to give a reasonable notice to the other party.[4] It is worth noting that Quashquell Construction Limited has not served the Retro Salvagers Ltd any notice indicating that they may be delaying in completing the work as stipulated in the contract. In Australian Development Corporation (ADC) v White Constructions[5] the court held that the contractors must give the principal a notice requesting for the extension of time which enables the principal to make other less costly arrangements and to bargain with the contractor on the extra costs that may be incurred. Retro Salvagers Ltd did not indicate that they an extension of time so that they can be able to complete the contracted work. Due to absence of the notice the probability for the contractors to be liable is even growing higher. It can also be noted that DHS did not submit any notice to indicate that they will be delaying in the construction of the heating system and thus the penalty that was stipulated in a clause will be imposed. Liquidated damages clause It bears noting that Quashquell Construction Limited will be entitled to liquidated damages if in the contract they included a liquidated damages clause that shows the amount of money that will be payable incase of any delay.[6] It is prudent to note that the liquidated damages clause will be Quashquell Construction Limited in the sense that they will not have the onerous task of calculating damages as they are expressly stated in the clause.[7] However, where the contract does not have a liquidated damage clause the, the aggrieved party will still be entitled to liquidated damages incase of any breach. In this case it is evident that the contract provided for liquidated damages clause that stated that there will be a 4.5 percent deduction from the contract price each day that the contractor delays. The costs that have been incurred in renting another premise because of the delay in completion of the refurbishments will be paid from the penalties that have been imposed in the contrac t. It can be argued seeking liquidated damages again despite the presence of a liquidated damages clause is tantamount to subjecting the party in breach to double jeopardy. It has been held in South Carolina Federal Savings Bank v. Thornton-Crosby[8] that if the principal looses profit that he will have gained were it not for the delay he may recover the profits inform of damages if he reasonably evinces the exact amount of profit lost. Quashquell Construction Limited can thus prove that within the days that the construction had delay they suffered a considerable loss of expected income because their business was not in operation. The use of mobile heating devices leads to Quashquell Construction Limited to incurring an extra expense. However this was covered in the liquidated damage clause that stipulated that DHS will pay an amount of money incase of any delay. The other remedy has been established by the courts in the case of Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd[9] is restitution of any funds that had been paid prior to the performance of the contract. In this case it will not be possible for Quashquell Construction Limited to recover any funds that they may have paid because they have stipulated in the contract through the liquidation clause a way that the contractor will compensate for the loss incurred due to the delay. The aggrieved party may also be awarded consequential damages which derive from any other cause that the parties had contemplated when they were making the contract. Quashquell Construction Limited can recover damages for the loss of profits following the delay in installing the heating system because such an outcome was not envisaged in the terms of the contract. From the facts it is abundantly clear that Dapar Heating Systems Ltd gave a representation to the effect that the system was functionally sound and it had been tried and tested. The company also assured that the heating system was energy efficient albeit the same was not envisaged in the contract. The possible legal issue that can arise in this case is misrepresentation. A misrepresentation is an untrue statement that induces the other party to enter into contract which has the effects of vitiating the contract. It is thus submitted that for a misrepresentation to be actionable there are various elements that must be met for the action to be successful. Firstly, one of the parties must have made a false assertion of fact. It has been held that if a statement is substantially correct then it does not amount to an untrue statement.[10] It is worth noting that the statement must be a clear untrue statement that does not bring about any ambiguity.[11] The statement that was made by the Dapar Heating Systems Ltd was clearly false as was later evidenced by the tragedy that occurred. Secondly, the misrepresentation must be made by a party to the contract or an agent representing the party to the contract. Thirdly, the other party must rely on the untrue statement to the effect that the untrue statement will influence his or her judgment to enter into the contract. However, a misrepresentation will not be actionable if it did not affect the judgment of the other party expected to sign the contract.[12] Quash quell Construction Limited (QQ) relied on the statement that had been made to enter the contract. Were it not for the assurance in the statement made then Quash quell Construction Limited would not have signed the agreement. In essence the statements made affected fundamentally affected the judgment of Quash quell Construction Limited. Negligence in Tort Dapar Heating Systems Ltd (DHS) has the professional responsibility of ensuring that they conduct their work with skill and care to prevent harm to anyone who is likely to be affected by the nature of their work. In the much celebrated ruling of Lord Artkin he notes that one should always have their neighbor in contemplation and ensure that their acts and omission do not cause harm to them.[13] Lord Artkin defined a neighbor in the Donoghue case as any person who is likely to be suffer injuries due to harm that has been perpetrated by ones acts or omissions. Any person who has been visited by harm or an injury must show that they are a neighbor within the meaning of the definition given by Lord Artkin Stemming from the fact that Dapar Heating Systems Ltd has did not install the heating system well and it cause injury to Sally, Sean and Amy it is submitted that he will may be charged with the tort of Negligence. There are three essential elements that must be satisfied for one to successfully prove a claim of negligence.[14] It is prudent that the defendant must have owed the plaintiff a duty of care and the defendant breached that duty. Additionally, as a result of the breach it must be evinced that harm or loss has been suffered has been suffered. Duty of Care It is imperative to note that the definition of the duty of care has since been made capacious and it includes instances where one relies on the information given and the information is given negligently and leads to harm to the other parties.[15] In this case it is abundantly clear that Dapar Heating Systems Ltd has convinced Quashquell Construction Limited that the heating system is in good condition and that it is energy efficient. Quashquell Construction Limited relied on this information and it over the long haul caused harm to Sally, Sean and Amy. Dapar Heating Systems Ltd owes a duty of care to any person working Quashquell Construction Limited premises beaus ether act are likely to affect them. It can thus be conceded that they owe Sally, Sean and Amy a duty of care. The duty of care includes the duty to perform their work with standard and ordinary skill and care that a reasonable person doing the same task would have done.[16] The courts in Caparo Industries v Dickman[17] came up with a test for determining whether one owes another a duty of care. The court stated that the harm and injury that has been suffered should be one that was foreseeable.[18] Dapar Heating Systems Ltd was reckless yet the harm that the heating system brought to Sally, Sean and Amy was to all intents and purposes foreseeable. A legal relationship showing the proximity between the harm that has been suffered and the negligent act must be established.[19] It is not in doubt that there is a relationship of proximity between Dapar Heating Systems Ltd and the persons who work in Quashquell Construction Limited including Sally, Sean and Amy they are direct beneficiaries of the heating system. In the end the court s will ask if it is just and fair to impose a duty of care on the party alleged to be negligent.[20] It can be conceded that it is not only just and fair but it is also reasonable and practicable to impose a legal duty of care on Dapar Heating Systems Ltd. Breach of Duty of Care In Roe v Minister of Health[21] the court affirmed that for a negligence claim to be successful the standards of skill that has been manifested by the defendant must be below the ordinary skill that is expected. In determining the breach of duty of care the courts look at the probability of the harm occurring.[22] It is thus submitted that there was a high probability of the risk occurring if the installations done by Dapar Heating Systems Ltd were not done with the required standard of skill. The ordinary skill can be manifested by the fact that an independent expert was employed to conduct an assessment on the installation. This was an ordinarily skilled person of the same work qualification as the Dapar Heating Systems Ltd. The court will also consider the degree of harm that has been suffered and the harm suffered is overly minute then the claim will be banished upon arrival and it will not see the light of day.[23] The harm that has been suffered by Sally, Sean and Amy is so mat erial that the acts and omissions of Dapar Heating Systems Ltd will undoubtedly amount to a breach of the duty of care. The courts will also determine if the defendant had the opportunity to take any measures that would prevent the harm from occurring.[24] Indeed Dapar Heating Systems Ltd will have to show if they had taken any reasonable steps to prevent any accident that may have a deleterious impact. If the court discovers that they did not take any preventive and protective measures they will be held to be in breach of their duty of care. It gives added relevance to state that the courts will also seek to determine if the acts or omissions of the defendant were pursuant to a social purpose. The acts and omissions cannot be defined as being informed by a social suspect. The plaintiff in a negligence claim has to show that the defendant had breached their duty of care they owe them. However, if the facts of the case are too obvious and clearly show that the defendant was in breach the courts will apply the legal maxim of res ipsor loquitor.[25] Harm Suffered due to Breach of Duty The general rule in the law of tort is that the claimant must evince that they suffered harm, injury or loss as a result of the breach perpetrated by the defendant. The court in this case will apply the But for Test and will ask whether the harm would have occurred anyway even of the defendant did not breach their duty.[26] Amy fell down on the slippery floor and injured her uncle. Dapar Heating Systems Ltd may argue that the slippery floor was not part of their fault and are hence not liable for the injuries that visited Amy but if the plaintiff can contend that if it were not for the breach in the premises she would not have found herself in those circumstances. On the hand, it is clear that Sally and Sean have suffered severe injuries resulting from the breach of duty. Dapar Heating Systems Ltd have the option of conceding that the harm was foreseeable but the harm that Amy suffered occurred in unforeseeable circumstances. It is a settled position in Hughes v Lord Advocate[27] that a defendant may escape liability if they can prove that albeit the harm was foreseeable it occurred in a manner that could not be in the contemplation of the defendant. Suffice to say the court have also ruled that liability will not attach to the defendant if the claimants injury is one that he usually she easily suffers from independently.[28] The Dapar Heating Systems Ltd which is the possible defendant in this can argue that the negligence that is being alleged is contributory negligence. Contributory negligence arises in circumstances where the claimant failed on his part to take care of his safety and thus contributed to the injury that he has suffered.[29] The defendant company can thus argue that Amy contributed to the injury that she suffered because she negligently failed to know that the area had a slippery floor. In the case of Froom v Butcher[30] the defense of contributory negligence was successful because the claimant had failed to care of his safety by failing to put on the seatbelt Break of Chain of Causation Dapar Heating Systems Ltd can also rely on the argument that the chain of causation with regards to Amys injury was broken and thus the causal link between the negligent act and her injury does not exist. However, the courts have always given preference to the defense of contributory negligence rather than accept the argument on causal link as was seen in the case of Reeves v Commissioner of Police of the Metropolis.[31] This is a possible defense in the law of tort that says that the claimant has invited the injury to himself voluntarily. In this type of the defense the defendant argues that the claimant was aware of the nature of the risk.[32] Lord Denning noted that the defendant must also waive the right to bring a claim by expressly or impliedly agreeing to do so.[33] It is however submitted that such a defense may not be a strong defense because it is hard to believe that a claimant can volunteer to invite an injury to himself. The court may award special damages in cases of a successful claim of negligence to claimants who have incurred medical expenses and loss of income. This type of damages is awarded for pure economic loss. In this case Amy, Sally and Sean will be awarded special damages if they succeed in their claim because it is evident that they have suffered severe medical injuries and will require medical expenses. Incase they are not able to attend their daily work and hence lose income they will recover the amount of money they have lost by way of special damages. General Damages The court may also award general damages which are awarded for emotional pain and distress that may have undergone following the breach of duty and the injury caused. Amy, Sally and Sean can argue that they have suffered serious shock and pain flowing from the injuries that they have sustained. General damages are generally regarded as non economic damages because they can not be quantified. The amount of money awarded in this case is determined based on the discretion of the judge although in some jurisdictions they have placed legal limits on the amount of general damages that may awarded following each civil wrong. Bibliography Australian Development Corporation (ADC) v White Constructions (1996) 12 BCL 317. 2. Avon Insurance plc v Swire Fraser Ltd [2000] 1 All ER (Comm) 573, [2000] CLC 665 Barnett v Chelsea Kensington Hospital (1968)3 All ER 1068 Bisset v Wilkinson [1927] AC 177 Bolam v Friern Hospital Management Committee (1957) 1 WLR 582 Boucaut Bay Co Ltd v Commonwealth (1927) 40 CLR 98 Caparo Industries v Dickman (1990) 2 AC 605 Capps v Miller [1989] 1 WLR 839 Capital v Hampshire County Council (1997)QB 1004 CMA Assets Pty Ltd v John Holland Pty Ltd (2015)WASC217 Donoghue v. Stevenson (1932)UKHL 100 Fibrosa Spolka Akcyjna v Fairburn Lawson Combe Barbour Ltd (1943) AC 32 Froom v Butcher [1976] QB 286 Grant v Australian Knitting Mills (1936 )A.C. 562 Haley v London Electricity Board (1964) 3 WLR 479, Home Office v Dorset Yacht Club (1970) AC 1004 Hughes v Lord Advocate (1963) A.C. 837 (H.L.). J-Corp Pty Ltd v Mladenis (J-Corp) (2010) 26 BCL 106 Jerry Bennett Masonry Inc. v. Crossland Constr.Co. (2005) 171 S.W.3d 81 Kent v Griffiths (2000)2 WLR 1158 L Shaddock Associates Pty Ltd v Parramatta City Council [1981] HCA 59 L'Estrange v F Graucob Ltd [1934] 2 KB 394 Latimer v AEC Ltd (1952) 2 All ER 449 Nathan C, Lee C and Henry P,( 2014) Resolving Problems and Disputes on Construction. Nettleship v Weston [1971] 3 WLR 370 Reeves v Commissioner of Police of the Metropolis [2000] 1 AC 360 Roe v Minister of Health [1954] 2 All ER 131 Scott v London St Katherine's Docks (1865) 3 H C South Carolina Federal Savings Bank v. Thornton-Crosby (1992) SC 423 S.E.2d 114 Smith v Chadwick (1884) 9 App Cas 187 Smith v Charles Baker Sons [1891] AC 325 Paris v Stepney Borough Council (1951) 1 All ER 42, Watt v Hertfordshire County Council (1954) 1 WLR 835

One Of A Dolls House Secession From Society Essays - Films

One of A Doll's House: Secession From Society One of A Doll's House's central theme is secession from society. It is demonstrated by several of its characters breaking away from the social standards of their time and acting on their own terms. No one character demonstrates this better than Nora. During the time in which the play took place society frowned upon women asserting themselves. Women were supposed to play a role in which they supported their husbands, took care of their children, and made sure everything was perfect around the house. Work, politics, and decisions were left to the males. Nora's first secession from society was when she broke the law and decided to borrow money to pay for her husbands treatment. By doing this, she not only broke the law but she stepped away from the role society had placed on her of being totally dependent on her husband. She proved herself not to be helpless like Torvald implied: "you poor helpless little creature!" Nora's second secession from society was shown by her decision to leave Torvald and her children. Society demanded that she take a place under her husband. This is shown in the way Torvald spoke down to her saying things like: "worries that you couldn't possibly help me with," and "Nora, Nora, just like a woman." She is almost considered to be property of his: "Mayn't I look at my dearest treasure? At all the beauty that belongs to no one but me -that's all my very own?" By walking out she takes a position equal to her husband and brakes society's expectations. Nora also brakes society's expectations of staying in a marriage since divorce was frowned upon during that era. Her decision was a secession from all expectations put on a woman and a wife by society. Nora secessions are very deliberate and thought out. She knows what society expects of her and continues to do what she feels is right despite them. Her secessions are used by Ibsen to show faults of society. In the first secession Ibsen illustrates that despite Nora doing the right thing it is deemed wrong and not allowed by society because she is a woman. While the forgery can be considered wrong, Ibsen is critical of the fact that Nora is forced to forge. Ibsen is also critical of society's expectations of a marriage. He illustrates this by showing how Nora is forced to play a role than be herself and the eventual deterioration of the marriage. Throughout the play Nora is looked down upon and treated as a possession by her husband. She is something to please him and used for show. He is looked upon as the provider and the decision maker. Society would have deemed it a perfect marriage. Ibsen is critical of the fact that a marriage lacked love and understanding, as shown by Torvald becoming angry with Nora for taking the loan and saving him, would be consider as perfect. A Doll's House's central theme of secession from society was made to be critical of society's view on women and marriage. Ibsen used Nora's secessions as an example to illustrate that society's expectations of a woman's role in society and marriage were incorrect. Her decision to leave was the exclamation point on his critical view of society.

Free Essays on Genes Changing Mind

Gene’s Changing Mind In A Separate Peace, author John Knowles portrays Gene Forrester, the main character, as a person whose feelings towards people and events are always changing. These changes are best shown through friends, including Finny and the war. They reflect on the personality of Gene, and show his indecisive and confused state of mind. Looking back now across fifteen years, I could see with great clarity the fear I had lived in, which must mean that in the interval I had succeeded in a very important undertaking: I must have made my escape from it.(p2) This quote is from early in the book, while Gene is looking back on his time at Devon. He now realizes that he was living in great fear of the war he was fighting within himself during his senior year. Between 1942 and 1957, Gene’s mind made the biggest change of all. If he had confronted this fear during the fall and winter of 1942, his life would have changed drastically. For example, Gene did not face his problems, causing him to be less of a friend to Finny. He felt a competitive rivalry between them that did not exist. This is why he jounced the limb, which set in motion the events leading to Finny’s death. Gene’s thoughts and feelings towards Finny were always changing. During the summer session, Gene saw Finny as perfect and almost as a god. Phineas†¦like a river god, his raised arms invoking the air to support him, face transfigured, body a complex set of balances and compensations, each muscle aligned in perfection with all the others to maintain this supreme fantasy of achievement†¦(p67). Gene was Finny’s best friend, and Finny would always agree with that throughout the whole book, but Gene’s mind would never commit to true friendship. An example of this occurred when Finny saved Gene from falling out of the tree: We were standing on a limb†¦ I realized that in turning I had begun to lose my balance†¦ Finny’s hand ... Free Essays on Gene's Changing Mind Free Essays on Gene's Changing Mind Gene’s Changing Mind In A Separate Peace, author John Knowles portrays Gene Forrester, the main character, as a person whose feelings towards people and events are always changing. These changes are best shown through friends, including Finny and the war. They reflect on the personality of Gene, and show his indecisive and confused state of mind. Looking back now across fifteen years, I could see with great clarity the fear I had lived in, which must mean that in the interval I had succeeded in a very important undertaking: I must have made my escape from it.(p2) This quote is from early in the book, while Gene is looking back on his time at Devon. He now realizes that he was living in great fear of the war he was fighting within himself during his senior year. Between 1942 and 1957, Gene’s mind made the biggest change of all. If he had confronted this fear during the fall and winter of 1942, his life would have changed drastically. For example, Gene did not face his problems, causing him to be less of a friend to Finny. He felt a competitive rivalry between them that did not exist. This is why he jounced the limb, which set in motion the events leading to Finny’s death. Gene’s thoughts and feelings towards Finny were always changing. During the summer session, Gene saw Finny as perfect and almost as a god. Phineas†¦like a river god, his raised arms invoking the air to support him, face transfigured, body a complex set of balances and compensations, each muscle aligned in perfection with all the others to maintain this supreme fantasy of achievement†¦(p67). Gene was Finny’s best friend, and Finny would always agree with that throughout the whole book, but Gene’s mind would never commit to true friendship. An example of this occurred when Finny saved Gene from falling out of the tree: We were standing on a limb†¦ I realized that in turning I had begun to lose my balance†¦ Finny’s hand ...

Ontario Harmonized Sales Tax (HST)

Ontario Harmonized Sales Tax (HST) What is the Ontario Harmonized Sales Tax? As part of its 2009 provincial budget, the Ontario government tabled a bill on November 16, 2009 to introduce a harmonized sales tax (HST) in Ontario. The harmonized sales tax being proposed by Ontario will combine the eight percent provincial sales tax with the five percent federal goods and services tax (GST) to create a single 13 percent harmonized sales tax (HST) administered by the federal government. The Ontario HST is scheduled to take effect July 1, 2010. Why is Ontario Switching to the HST? The Ontario government says Ontarios current dual tax system puts Ontario businesses at a competitive disadvantage and implementation of a single sales tax would bring the province into line with the most efficient form of sales taxation around the world. They say the tax reform being proposed, including the HST, will create jobs and position the Ontario economy for future growth as the province emerges from the economic downturn. They also claim the single sales tax will reduce paperwork costs for business by more than $500 million a year. Tax Relief to Offset the Ontario HST The 2009 Ontario budget will provide $10.6 billion over three years in personal income tax relief to help consumers through the transition to the single sales tax. This includes personal Ontario income tax cuts and direct payments or rebates. It will also provide $4.5 billion in business tax relief over three years, including reducing the corporate income tax rate to 10 percent over three years, cutting the small business tax rate and exempting more small and medium-sized businesses from corporate minimum tax. What the Ontario HST Means to Consumers For the most part, consumers will not notice a large change in prices. However, there are many items currently exempt from the provincial sales tax that will no longer be exempt. They include: gasolineheating fuelselectricitytobaccopersonal services, such as haircuts, membership fees for clubs and gyms, magazines, taxi fares, professional services for lawyers, architects, and accountants, and real estate commissions. The HST will not be charged on: basic groceriesprescription drugssome medical devicesmunicipal public transithealth and education serviceslegal aidmost financial serviceschild caretutoringmusic lessonsresidential rentscondo fees    Currently, the PST is not applied to those items. There will still be a few exemptions from the provincial portion of the sales tax: childrens clothing and footweardiaperschildrens car seats and car booster seatsfeminine hygiene productsbooks (including audio books)prepared food and beverages sold for $4.00 or lessprint newspapers The Ontario HST and Housing No HST will be charged on residential rentscondo feespurchase of resale homes    The HST will be applied on the purchase of new homes. However, homebuyers will be able to claim a rebate of some of the provincial portion of the tax for new homes priced up to $500,000. The rebate for new primary residences under $400,000 will be six percent of the purchase price (or 75 percent of the provincial portion of the tax), with the rebate amount reduced for homes priced between $400,000 and $500,000. Buyers of new residential rental properties will receive a similar rebate. The HST will apply to ​real estate commissions.

Statutory Interpretation - The Process of a Bill to an Act of Essay

Statutory Interpretation - The Process of a Bill to an Act of Parliament - Essay Example The defendant was, on May 11, 1963, actually within the boundaries of the station, and when within the boundaries of the station, obstructed a member of Her Majesty’s Royal Air Force who was engaged, at the material time, on security duty at and in relation to the station. It was contended by the defendant that because the charge referred to obstruction at Marham in the vicinity of a prohibited place, namely, Marham Royal Air Force station, and the evidence for the prosecution dealt with obstruction which took place when he was actually in the prohibited place, there was no evidence to support the charge. It was contended by the prosecutor that the defendant, being actually within the boundaries of the station at the material time, was in the vicinity of a prohibited place within the meaning of the Act. ... They gave the defendant three months in which to pay the fine and in default of payment sentenced him to two months’ imprisonment†. BBC News, 1998. Reform of assault law, [online] Available at: [Accessed on 22 October 2011]: â€Å"Deliberately infecting someone with a disease is not a specific offence at the moment, although it may be possible to charge an offender under section 18 of the Offences Against the Person Act, 1861. This section says that anyone who causes grievous bodily harm with intent to do so is guilty of an offence punishable with life imprisonment. Nearly 10 years ago, the government's law reform advisers put forward proposals for updating the 1861 Act. The government is now planning to go ahead with most of those reforms†. Caledonian Railway Co. v. North British Railway Co. (1881), 6 App.Cas. 114. – See in: http://www.archive.org/stream/cu31924017175864/cu31924017175864_djvu.txt . Citation on page 114, in Cownie, Bradney, and Burton 2007) . Paragraph 3 (from above). Cownie, F., Bradney, A., and Burton, M., 2007. English legal system in context. 4th ed. Oxford: Oxford University Press. - http://books.google.com/books?id=gs-HvA2DO60C&pg=PA335&dq=Cownie,+F.,+Bradney,+A.,+and+Burton,+M.,+2007.+English+legal+system+in+context.+4th+ed.&hl=ru&ei=ake8TtTJLbDS4QTp56iSBA&sa=X&oi=book_result&ct=result&resnum=3&ved=0CDUQ6AEwAg#v=onepage&q&f=false . Here the discussion on p.117 of the book is summarized, without any direct appropriation. Gifford, D.J., and Salter, J.R., 1996. How to understand an act of Parliament. London: Cavendish Publishing. -

Society Essay Example | Topics and Well Written Essays - 1000 words - 1

Society - Essay Example As a result of exceptional scientific innovations, it can also be asked that whether the human beings will be able to maintain a balance between the two. It can be said that the ever gaining pace of scientific research and technological production is the main root of moral dilemmas prevalent in our society today. Looking at the condition of our society, it is essential to discuss the ethical situation as compared to the speedy progress in the field of technology. Humans have always been highly acute when it comes to methodizing themselves  into a social system and in this way human race has always strived to achieve the best of a governing authority. In an ideal society, ruling class should have the highest interest in the population it governs and people’s interest ranges from smallest needs such as food, protection and clothing to higher elaborated needs as power and wealth. Now, if it is closely observed, all the concerns in people’s heart are ignited by a common motivation; a motivation to achieve happiness and peace of mind. Therefore it can be said that in an ideal society, people should be given the right to acquire the happiness and mental satisfaction that they desire. However, it has been evaluated that an unrestricted reproduction rate of any civilization or society will be a hindrance in the path of an ideal society. Therefore, in my opinion, any society that is over populated cannot be rated as an idealized society; thus a controlled ratio of citizens that is necessary for the society to be self-sustaining is a must. In a balanced society, equilibrium should be maintained where every citizen contributes equally as a vital source. In this way, a true sense of unity and belongingness will prevail within the society and its members. Such a society can prove to be an ideal base for a stronger society where better moral, ethical and social conditions exist. However, due to the fast paced

Overfishing and it Effects to the Environment Essay Example for Free

Overfishing and it Effects to the Environment Essay For the last 10 years, the world had been aware of the various changes which had been occurring within our environment. It is known to us that the actions which our ancestors had done in the past have now caused us many problems such as global disasters that could truly ruin the future of the next generation. In the event of the problem of climate change (Millennium Ecosystem Assessment, 2005), various things had come up such as pollution of the air and various water resources. Due to this, different aspect of the environment is deeply affected and sometimes devastated because of the scenarios present. For many people who live in a place where in fishing is their main industry, it is immediately declared that their primary source of income is directly affected by the harsh conditions of the changing weather brought by climate change. Although it is true the climate change is affecting the waters which is one of the main source of our resources, it could not be hidden that the individuals who are directly involved in the industry are also to be blamed to the catastrophe in the water industry. In the waters, one of the main problems which are faced by the industries is the lessening of the fishes in the see. One of the main culprits of this issue is the over fishing of various fishermen who are connected to the huge companies. Over fishing had been a main concern for various non-governmental organizations such that of the Green Peace. It was said by the respectful environmental group that â€Å"over-exploitation and mismanagement of fisheries has already led to some spectacular fisheries collapses. The cod fishery off Newfoundland, Canada collapsed in 1992, leading to the loss of some 40,000 jobs in the industry. The cod stocks in the North Sea and Baltic Sea are now heading the same way and are close to complete collapse† (Green Peace, 2008). Even before human beings have discovered new technologies, it is known that fishes are the main source of food for many. Based on various historical books such as the Bible, fish was the main commodity for the people in order for them to eat. As years gone by, more and more people are inclined to get more fish in order for them to gain income to provide their families. Various innovations and technological advancements were also used to increase the number of catch due to the increasing number of demand for fish. Based on the studies made by the Green Peace and their team of scientists it was stated that overfishing truly is causing a grave danger for the marine life and diversity of our oceans. Most of the fishermen who have the capacity to catch enough fish are those that utilize nets which are not suited to legally catch fish. Many of the fishermen use nets which has smaller holes which do not allow the smaller fishes to escape. This type of scenario happens most of the time, therefore the young fishes were not given a chance to grow and be mature enough to be caught. Through the Young Peoples Trust for the Environment, types of events happen due to commercial fishing. There are various techniques that are done by fishermen in order for them to capture various kinds of fishes. There are fishes which are called â€Å"pelagic† meaning they live within the upper parts of the water making them the most accessible fishes to be caught by fishing nets which are connected to the gigantic ships that fishermen use. It is stated that, â€Å"net suspended from floats is stretched between two boats so that fish swim into it. Fish are unable to swim backwards, so once they are caught in the net, there is no escape unless they are small enough to fit through the net’s mesh† (Young People’s Trust for the Environment, 2008). Other fishes that are in the deeper level of the sea are caught differently. There is also a big net placed under the boat which then gets everything that it captures along the way. The marine resources that I catch were not only fish but also the coral reefs, the schools and other organisms which are not supposed to be captured during the act of fishing. Such action is not only disastrous for the young fishes but also the organisms within the environment because they are also being displaced and even killed when there are commercial ships around. (n. p. ) In order to mitigate the problem of over fishing different agencies have created ways in order for them to fully destabilize the problem which is being caused by over fishing. One of the main agencies are the United Nations in which launched various types of programs and amendments to protect the marine resources all over the world as well as protect the marine resources that our world currently have. In 1995, an article was written about the treaty in which was proposed under the United Nations which addresses the problem in over fishing. It states that the treaty should be approved by 185 countries which then be ratified by 30 countries in order for the treaty to be fully taken into place. In addition, another program which had been under the United Nations is the United Nations Fish Stocks Agreement (Government of Canada, 2006). However, Green Peace and World Wildlife Fund had expressed that this treaty would not directly answer the problems of over fishing. In fact, Matthew Gianni had stated that there is a great possibility that yearly there will be new innovations of boats which will be able to detect fish which then result to much more damage to our marine resources (Crossette, 1995). With such article, it directly states that these international organizations does not trust that a plain agreement with various countries thus they suggests more than just an agreement but a full arrangement and limitation of the types of vessels which should be reasonable to be able to catch enough fish. In addition, fishes which will be caught will be enough in size and maturity which will then leave the small fishes to be fully grown and create another generation of fishes. The World Wildlife Fund have done their own actions in order for help create a sustainable fishing for the future generation. They have noted various types of steps in which they called: Fisheries Partnership Agreements which listed these various general actions to fully attain sustainable fishing: †¢ respect sustainable fishing levels account for environmental costs †¢ protect local fishers †¢ include compliance with flag state laws †¢ are based on best practice fisheries management †¢ include cooperation on research and monitoring †¢ ensure adequate monitoring and enforcement capacity †¢ ensure fairer sharing of economic benefits between producer and extractor nations (World Wildlife Fund, 2008) In conclusion, many of our world’s resources had now been gone and are still being abused by various types of industries due to the demand of resources the global economy has. But then, we should remember that we must learn how to conserve our natural resources so that there would not be scarce resources for the future. Like the World Wildlife Fund and the Green Peace have stated, it is not enough the there will be treaties and agreements under these types of issues. It is still important that the mitigation process should be continuously checked in order to incur changes for the environment, the amount of resources as well as to secure the lives of the future generation. The continuous efforts of the international community, through the help of various countries as well as the international organization will lead to a prosperous and much more peaceful fellowship with one another. On the other hand, the issue of climate change must also be resolved for the reason that it also affects the issue regarding overfishing and lessening of the resources available for various marine industries. Although there are issues like this, it should be taken into mind that the responsibility is not only through organizations but also through an individualistic perspective.

aristotle :: essays research papers

Analytical Paper #3: Book 7, Ch. 4 Aristotle   Ã‚  Ã‚  Ã‚  Ã‚  In this chapter it is Aristotle’s goal to explain the ideal size of a city-state, and the proper multitude of people to inhabit that city-state. Aristotle argues â€Å"most people suppose that a happy city-state must be a great one† (line 7). This thought is wrong, he concludes, claiming that it is not the number of inhabitants that makes a city-state great, but its â€Å"ability†. â€Å"For a city-state has a task to perform, so that the city-state that is best able to complete it is the one that should be considered greatest† (line 13).   Ã‚  Ã‚  Ã‚  Ã‚  Aristotle’s second claim is that in order to have an ideal city-state, one must have the ideal inhabitants within that city-state. Typically, in large city-states a great number of the inhabitants are â€Å"slaves, resident aliens, and foreigners†, this makes for a densely populated city-state. The great city-states are the ones who have the most people that are â€Å"a part of it†. Meaning a city-state in which a majority of its inhabitants are involved in the daily activities and governing of the city-state.   Ã‚  Ã‚  Ã‚  Ã‚  Aristotle continues by stating â€Å"from the facts at least it is difficult, perhaps impossible, for an overly populated city-state to be well governed† (line 25). He argues that law is a kind of â€Å"organization†, and thus for a government to be a good government it must be well organized. Trying to organize a large city-state is impossible, it is a task for a divine power, therefore, a city-states population must be restricted. â€Å"The size of a city-state, like everything else, has a certain scale: animals, plants and tools. For when each of them is neither too small nor too excessively large, it will have its own proper capacity† (line 35). Aristotle then relates it to a ship. One that is too small is not a formidable ship. Yet one that is too large is also not worthy of being called a ship. The ship will sail badly if it is too small or too large, and so it is with city-states, one that has too few people is not self-sufficient, yet, one that consists of too many, is not ideal, because it is too hard to govern.

Human Security Essay

The article aims at bringing the important issue of Human Security to the forefront. It focuses on the urgent need to understand the concept of human security, and to develop the proposals for translating these ideas into policy practice. An attempt has been made to clarify and correlate the terms ‘human development’ and ‘human security’. The interrelation of freedom from ‘fear’ and ‘want’ is discussed and the coherence between the two has been achieved successfully. The author has emphasised on the fact that to enable a real shift in policy making, serious effort needs to be made to operationalize the term Human Security. Human security workers need to develop a holistic and human centered ethos. They need to maintain the military spirits of sacrifice, heroism, discipline, but combined with civilian spirit of individual responsibility, empathy as well as gender awareness. The holistic development of human security worker makes them capable of carrying out both ‘protection-from-fear’ and ‘protection-from-want’ tasks. The article tries to highlight the attractions of human security as a paradigm shifting and bridging concept, as well as converse attempts to appropriate and restrict its usage. The article tries to trace the different usages of concept of Human Security. The holistic and innovative concept of Human Security leads to vague and utopian ideas that need great efforts to operationalize. Proponents of human security urgently need to demonstrate that operationalization is possible and necessary. The key strategies for strengthening human security were identified as strengthening legal norms and building capacity to enforce them. Human Security at present sits in the middle of tug-of-war. It is neither irrelevant to power holders nor has been successfully co-opted by them. The interrelation of poverty and violence used to express Human Security is complex and under-researched. From Roman Times security was universally understood as pertaining to individuals. Attempts were made to reorient thinking about security as Human Security. In the post cold era the term suddenly began to feature as global security and comprehensive security. Amartya Sen proposed that Human Security is concerned with downside risks that threaten human survival. The focus on ‘freedom from want’ has a transformatory effect on ‘freedom from fear’. This article has traced different usages of concept of Human Security and argues that the concept has withstood attempts at compartmentalization and instrumentalization. Its greatest potential continues to lie in its bridging and paradigm shifting properties. It emphasises human security to be indivisible. It debates on the tension between foreign policymaking and ethical considerations. Another one being poverty breeds violence and tackling poverty will also tackle violence. The article discusses necessary connections with wider policy shifts. It draws a sketch of the ‘Ideal Human Security Worker’ of the future. Adoption of Human Security concept as Canadian-Norwegian approach, joined by nine other nations and then adopted by Japan marked the realisation of the importance of this concept. The debate typically centres on narrowing down violence rather than poverty in order to come out with an operational concept that can guide policy. Human Security is also a bridging concept and it should be malleable enough to be used by diverse parties, while robust enough to keep sufficient shared meanings across this range of users. It should span between ideals, life situations and actions. The adoption of Human security as both a holistic and a normative concept will definitely lead to practical consequences. Critical Analysis Internal Analysis: The article discusses the bridging and shifting properties of Human Security Concept. It has made an excellent effort to trace the different usages of concept of human security. The work done by the author is commendable . She has collected the information related to the meaning of human security and its usage from Roman times through the span of the present time. She has taken into consideration security of all types physical and material. The different concepts of security and its shaping up into present day concept of human security. She has laid special emphasis on the urgent need for the operationalisation of human security. She has not just discussed the need for operationalisation but has also provided excellent ways to instrumentalise and operationalise human security concept. She has tried to both materialise and personify the concept of human security. By discussing both the malleable and robust nature of human security concept that makes the text effective . The writing and explanation style of the author includes active alert and comprehensive analysis of the term Human Security. She has tried to touch every aspect that surrounds and affects Human Security directly or indirectly. The article has clearly described the role of Human security worker that combines both military spirit and civilian responsibility and empathy. The detailed explaination of the role of Human security worker tries to present a very accurate and live sketch of Human security worker. This refreshes the reader with motivation and enthusiasm to operationalise the concept of human security worker. It presents the very possibility of the operationalisation and functionality of Human security. Weakness: The article ahs discussed the concept of human security very comprehensively , yet the inter-relation of poverty and violence use to express human security remains complex and under –researched. The weakness of analysis lies in the vague idea development of poverty and violence. It seems to be a vicious circle rather than a focused approach to resolve th problem. External analysis â€Å"Dr. Glasius’s research concerns both the theory and practice of global civil society and its relationship to international law, particularly human rights law. ( Glasius ) This article on human security also witnesses the research or comprehensive study conducted by the author. The collection of information as evident from the article that defines the term human security from the initial stage of security in Roman Times to the present concept of Human Security approves the writing style of the author. The author is a research officer ,which is also reflected by her comprehensive writing style. Her present research focuses on economic and social rights , human security and social forums . In the given article she has elaborated upon the urgent need to operationalise the concept of Human Security. She has also described the role of a Human Security Worker for effective functonalisation of the concept. The idea conveyed through the article is operationalisation of the theory to practice that reflects the originality and urge to reform the society. Clarity and Coherence of the Arguements:- The author has tried his best to achieve clarity and coherence of the arguments. The evidence being the discussion of various usages of the concept of Human Security . he has discussed each usage of the concept with clarity and focus on the era when the terms were prevalent . She has attempted to clarify the inter-relation of Human Development and Human Security and their impact on each other. She has clearly and explicitly described the role of human security worker. The coherence of the arguments can be viewed beginning from paradigm shifting and bridging aspect of Human Security leading to holistic development of human security worker. Through this the author has very coherently explained the realisation of the ultimate goal of operationalisation of human security . Relevance of the Arguments : The author argues through the medium of the article that the different usage of concept of Human security has withstood attempts at compartmentalisation and operationalisation. This is quite relevant because with understanding of the term Human security grew an awareness to operationalise this concept. Also paradigm shifting and bridging has further helped in the functional realisation of human security concept and thus the need for training Human security workers. Thus the gist of the article is perfectly relevant so as to define the role of human security worker for its operationalisation.

Reality and Crash Essay

I would like to start by saying that, I really enjoyed watching the movie CRASH, some of the things shown in the movie are very realistic and much of it can’t even be put into words. Two of the behaviors that I noticed most, are prejudice and stereotyping. It was the cause of where all the events eradicated from. These behaviors are viewed as thoughts and feelings that almost everyone has felt more than once. This movie shows us the different point of view of people in our society; it gives us an insight of the stereotypes that have built within our society and within the world. It invites us to see and understand how such a small stereotype and negative attitude can go a long way and affect people differently. In the movie Crash it is apparent that emotions run high with racial and ethnic inequality such as frustration, aggression, and authoritative personalities. According to Diana Kendall in Social Problems In a Diverse Society, the frustration-aggression hypothesis is â€Å"Individuals who are frustrated in their efforts to achieve a highly desired goal tend to develop a pattern of aggression toward others (51). † In other words, when people feel as though they are being prevented from achieving a goal, their frustration will usually turn into aggression. In the movie Crash, Farhad, the Iranian/Persian storeowner tried to live his best to pursue the American dream by running his own store. He hired a Latino locksmith named Daniel to have the lock at his store changed but conflict emerged between the Sas 2 two and in the end, Daniel didn’t change the lock. Later, the store gets robbed and trashed. Farhad was already a frustrated middle aged man who struggled to make ends meet, and now having his store robbed has him act out aggressively without anyone to blame. So, he decides to lash out his anger towards Daniel, hoping it would help him feel better. Expectations of Arabs to be violent terrorists, Farhad is not even Arab. Technically, he is Persian, but what the shop owner expects from him, he eventually gets when Farhad â€Å"shoots† the little Hispanic girl. Farhad believes the Hispanic man is ripping him off so when his shop is looted, the Hispanic man is blamed although he had nothing to do with the destruction. Crash is full of many other sociological concepts, examining issues of race, social class, and gender, as well as many others. In this movie, we can see the theories of Durkheim and Marx for sure as well as many other concepts. Crash is one of those movies that make us rethink even what we think we know about the world we live in. Another sociological concept that Crash demonstrates is the Thomas Theorem. Basically, this theorem tells us that if we believe situations to be real, they become real to us. Our own subjective reality becomes our objective reality. It follows then that if we believe certain things about an individual, he/she begins acting in exactly that way. It also follows that certain crimes or problems do not have an objective realities. Using drugs would be one example of that sort of victimless crime. The best example of this in the movie might be when Jean Cabot grips her purse when passing by Anthony (Luda cris) and Peter on the street. She believes black people to be a threat. Her subjective reality becomes real in the next minute when the two young Sas 3 black men carjack them. What the characters believe about others has become real in these instances. Another sociological term demonstrated in Crash is the theory of micro-aggression. Microaggressions would be defined as â€Å"Microaggressions are subtle insults (verbal, nonverbal, and/or visual) directed toward people of color, often automatically or unconsciously. † While the individual effects of these particular instances may be small, the cumulative effects can be devastating. In Crash, I believe the character that most exemplifies this is the film director. Examples of these subtle insults would be things such as people telling him that he just isn’t really black to them or the comments about language on the set of the movie. He advises him to tell the black character to make his language â€Å"more black. † These are subtle but insults nonetheless. These kinds of comments, combined with the powerlessness he feels when his wife is sexually assaulted lead to the blow-up where he almost gets himself killed. He has endured these subtle forms of racism his whole life, and he reaches a breaking point where he just isn’t going to take it The last concept that is displayed in Crash is the sociological concept of ethnocentrism. This means that we judge other cultures by the standards of our own. Not only that, but we also believe that our own culture is superior to everyone else’s. Graham and his Latina girlfriend fight and he pokes fun at her culture by calling her Mexican even though she isn’t. Asian Americans speech patterns are made fun of, like the term â€Å"blaking† for braking. These characters don’t celebrate or even accept the characteristics of other cultures. They only mock them, assuming the superiority of their own culture. They fail to try to understand one another through Sas 4 ethnocentrism. Officer Ryan makes fun of the name Shaniqua, a more common name of African American culture. All in all, Crash is a movie full of sociological concepts. Many more could be analyzed in cry, sometimes at almost the same time. When we laugh, however, we must question the underlying sociological assumptions or concepts that make us laugh. Are we laughing at some of the racist jokes because of our own ethnocentrism. Are we failing to see the microaggressions directed at members of minority groups all the time. Are we as guilty as Jean Cabot at making our own realities our truths? Do we have beliefs about certain groups of people and essentially make them come true for ourselves? Crash asks us to question all of these things.

Thermal Barrier Coating Example

Thermal Barrier Coating Example Thermal Barrier Coating – Term Paper Example Review on Thermal Barrier Coatings Introduction Escalating energy demands require design and development of novel materials and technologies. Generation and transportation of energy is predominantly done using gas turbines. For efficiency purposes, systems such as the Thermal Barrier Coatings (TBCs) have been incorporated into gas turbines (Osorio, Toro& Hernndez-Ortiz 149). Typically, TBBs are used to provide thermal insulation for components of metallic that are emitted by the combustion gases, leading to a reduction in the substrate temperature from around 1000C to around 3000. The TBCs are made of excellent mechanical properties and provide rupture and corrosion resistance at very high temperatures. While in application, the material of TBCs changes its behavior. The top coat sinters as it changes its mechanical properties as well as its thermal conductivity. Additionally, when exposed to high temperatures the oxidation and microstructural changes due the depletion of elements. N ormally, exposure to high temperatures makes the mechanical and thermal loading increases the level of residual pressure existing at the interface between the metal and the ceramic. With time, in terms of interface delamination will raise within the material system. Ultimately, the delamination damage becomes so severe that the material buckles and large pieces of the top coat (TC) flake off. As a consequence of the diminishing coat, the underlying metal starts to overheat with an obvious risk of severe oxidation as well as leading to creep-damage if the component is stressed up mechanically (Brodin et al.). To use a gas turbine in an economic and an effective way, it is advantageous to maximize the time between overhaul and inspections with maintained mechanical integrity. Therefore, a variety of different tools is used to assess the spallation fatigue life for all thermal barrier coatings. This review paper seeks to look into the use of thermal coating, and how it functions in suc h uses. Further, this review paper highlights different ways how thermal coating is produced, and finally it discusses some possible application of Thermal coating.Work CitedBrodin,H., Jinnestrand, M., Johansson, S,& Sjà ¶strà ¶m,S. Thermal Barrier Coating Fatigue Life Assessment.Viewed 11th June 2015..Osorio, J, Toro, A, & Hernndez-Ortiz, J. Thermal Barrier Coatings for Gas Turbine Applications: Failure Mechanisms and Key Microstructural Features. 2012. Viewed 11th June 2015. .

Auditor Independence Revisited

1. The main rationale of an audit is to offer company shareholders with a proficient, self-sufficient view regarding if the yearly accounts of the corporation reveal a correct and reasonable view of the fiscal situation of the corporation and if they can be trusted. Independence is the major way through which an auditor shows that he can carry out his job in an objective way (Reynold, Deis, and Francis, 2014).   The auditor has to be independent from the customer corporation, in order that the audit estimation will not be persuaded by any link among them (Umar and Anandarajan, 2014). The necessity for independence comes up because in a lot of cases consumers of financial reports and different third parties do not have adequate details or understanding to know what is enclosed in a company’s yearly reports. Therefore, they trust the auditor’s independent review (Gul, Jaggi and Krishnan, 2010). By Sally becoming the CFO, she can influence the opinion of auditors on whether the financial reports of the corporation are properly made or not. As Sally hosted the dinner, there has been non-appearance of independent acts. It is necessary that the auditor not only performs independently, however appears independent also. In case an auditor is actually independent, however one or additional aspects propose otherwise, this could possibly bring about the ending that the audit report does not signify an accurate and reasonable analysis. Independence in appearances will lessen the chance for an auditor to proceed otherwise than independently, which finally attaches trustworthiness to the audit report (Paterson and Valencia, 2011). 2 . Since Sally has taken the post of Financial Controller in this year at Madeira 3 of the threats, are: Anandarajan, A., Kleinman, G. and Palmon, D. (2008). Auditor independence revisited: The effects of SOX on auditor independence. International Journal of Disclosure and Governance, 5(2), pp.112-125. Blay, A. and Geiger, M. (2012). Auditor Fees and Auditor Independence: Evidence from Going Concern Reporting Decisions*. Contemporary Accounting Research, 30(2), pp.579-606. Gul, F., Jaggi, B.L. and Krishnan, G.V. (2010). Auditor independence: evidence on the joint effects of auditor tenure and nonaudit fees. Auditing: A Journal of Practice & Theory, 26 (2), 117–142. Paterson, J.S. and Valencia, A. (2011). The effects of recurring and nonrecurring tax, audit-related, and other nonaudit services on auditor independence. Contemporary Accounting Research, 28 (5), 1510-1536. Reynold, J.K., Deis, D.R. and Francis, J.R. (2014). Professional service fees and auditor objectivity. Auditing: A Journal of Practice & Theory, 23 (1), 29–52. Umar, A. and Anandarajan, A. (2014). Dimensions of pressures faced by auditors and its impact on auditors’ independence. Managerial Auditing Journal, 19 (1), 99-116.

The development of human civilization Term Paper

The development of human civilization - Term Paper Example The development of human civilization is one of the important topics in the study of history. The paper is aimed to discuss and to analyze the early periods in the development of human civilization specifically the Mesopotamian, Near Eastern, Hebrew, Greek and Roman civilizations. This will be accomplished through the presentation of the contributions and features as well as the comparative analysis of each period in history included in the study. Historical View Mesopotamia was included in first civilizations with the people of the Western Asia and North Africa. The said period was referred to as the emergence of civilization. Mesopotamia was the present Southern Iraq known to be the place where the human civilization started specifically based on the fertile source of livelihood that the large rivers Tigris and Euphrates offered. It included the modern-day northeastern Syria, southeastern Turkey and southwestern Iran and also known as the most influential land that ruled the Bronze Age through the leadership of Sumer, Akkadian, Babylonian, and Assyrian empires. The people of Mesopotamia were known to have established social structure and organized states. They also have their own political, military and religious cultures. In terms, of language and writing, the identity of Mesopotamia was well established and known in the said period (Duiker and Spielvogel, 2006, p.4). Through the course of history, other surrounding nations and empires grew and became known. The term Near East had been applied to the region that included the Asia Minor (areas of Turkey, Armenia and Georgia), Syria, Lebanon, Jordan, Cyprus, Israel, Palestinian territories and other parts of Mesopotamia. Egypt was also included in certain references as well as other parts of Africa and Saudi Arabia. The said question on the exact territory referred to as the Near East can be attributed to the geographical basis of description, e.g. the bodies of water which served as the main source of nourish ment. The Ancient Near East was located in the Fertile Crescent which with water sources such as the Persian Gulf, the Mediterranean Sea and the Tigris and Euphrates rivers (p.10). The Hebrew was another influential culture during the onset of human civilization. Hebrews are known to be the children of Israel. Due to the rise of organized society and the establishment of the different institutions in the society, contributions of different nations had been based on different areas and disciplines. The most important contribution of the Hebrews was monotheism, which is the religious belief in only one God. The main religion of the Hebrews which was Judaism was a monotheistic religion. This became a significant influence to both Christianity and Islam (p.21). Greece was another established nation with great influence and contributions to the human civilization. The uniqueness of the culture of the Greeks can be attributed to the extraordinary geography and territorial land of their co untry which was basically separated by mountainous areas. Above the conflicts of each community on their fight to maintain independence, the established culture of each community can be considered as one of the most important contributions of the Greek nation. Due to the early development of the different institutions within the society, Greece had been considered as the nation where the advancement of the modern era began (p.75). Rome can be considered as the most advanced in terms of power and influence during the early history of the human civilization. The Roman Empire had ruled for seven hundred years. Such capability can be attributed to the exceptional organization in the social structure of the nation. But it is important to consider that the most important characteristic in the Roman culture was influence of the Greeks. This is in terms of the culture, arts, politics, and other institutions in the society (p.105). Analysis In the study of the history of human