Philosophical Theory Essay

Jean-Paul Sartre (1905-1980) was a renowned French philosopher of twentieth century Europe. His highly unique political philosophy was merely influenced by the work of Marx and Hegel. From 1945 and onwards, his writings had dominated political themes which further recognized him as Europe’s best public intellectual of the century. One of his famous essays was â€Å"Anti-Semite and Jew† which had criticized French complicity in the Holocaust and defined oppression as an interpersonal recognition distortion (Sartre’s Political Philosophy; IEP). He co-founded â€Å"Les Temps Modernes†, a journal which published seminal essays on world affairs and political theory. It was only in 1950 when Sartre’s political inclination bent towards Marxism; he eventually released â€Å"Critique of Dialectic Reason, Vol. 1† in 1960, a systematic account which massively spoke of group struggle and history (Sartre’s Political Philosophy; IEP). Critique embodied Sartre’s earlier radical view and philosophy of existential freedom which had further led to his pioneering fusion of Marxism and Existentialism – an original political philosophy which touched the tension between historical forces and individual freedom. Marxism implied that societies can be better understood through struggle which existed between powerless and powerful groups. Existentialism viewed individuals as entities responsible for the numerous authorless social ills (Sartre’s Political Philosophy; IEP). It is in this respect that authenticity is considered a primary existential virtue; that is, it is a requirement for a person to critically examine one’s social situation prior to his or her acceptance of personal culpability with respect to the choices one made within that certain situation. In short, his new political philosophy embodied theories of both moral responsibility and individual agency. His well recognized work â€Å"Existentialism is a Humanism† although which was presented and shared a common argument of the categorical imperative of Kant, spoke largely of Marxism and Hegelianism. With respect to Marx and Hegel, Sartre developed his very own political view as reflected on his â€Å"Notebooks for an Ethics† (1982) (Sartre’s Political Philosophy; IEP). He agreed with Hegel who claimed that in order to win recognition, humans need to undergo a mutual struggle (Being and Nothingness). Initially, Sartre rejected the notion of transcending struggle by relations of mutual and reciprocal recognition; that is, all human relations according to Sartre, were by products of the master and slave relation. However, his idea on human relations was altered as he made the Notebooks. This may be summarized into four parts: (1) that there is a possibility for struggle to be transcended by both reciprocal and mutual recognition (2) that struggle is located in history and society rather than in onthology (3) that the struggle for recognition is a significant component in analyzing oppression as a form of domination and (4) that social solidarity was an ontological reality (dependent on recognition ties) rather than psychological projection which Hegel had claimed. Sartre’s theory of Existentialism had always accompanied Marxism. His description of social reality utilized Marx’s structural analysis which he further used to â€Å"rescue† Marxism’s categorization as â€Å"lazy dogmatism† (Sartre’s Political Philosophy; IEP). The combination of Existentialism and Marxism into a single unique theory criticized not only the economic class being a significant structural factor, but also human situation as dictated by gender, family, death and birth. An individual’s intention, he further claimed, can be sufficiently explained not by â€Å"objective interests† alone but through the combination of class analysis and personal history. Soren Kierkegaard Another renowned philosopher and Christian existentialist Soren Kierkegaard relied on the theory of Existentialism with respect to understanding human relations and individual particularity. Prior the release of his famous work â€Å"The Sickness unto Death†, Kierkegaard had claimed that there are forces at work in society and history which when projected, tend to focus on â€Å"sheer oneness† defined by singleness and particularity rather than by unity with others (Kierkegaard, Soren; 1989). The European society’s massive industrialization in the nineteenth century had led to the disruption of rurally-based societies and organic groupings with their respective identified function. Kierkegaard claimed that the age of rationalization had further drained the ethical content with respect to a well-defined group’s membership (intensive division of labor, multiple social roles and loss of corporate identity) and promoted â€Å"rational† reorganization (Kierkegaard, Soren; 1989). It was in this respect that he emphasized the world’s need of â€Å"absolute† particularity in oppose to universality. The notion of particularity, as Kierkegaard claimed, is precisely reflected in the principle of Christianity. Individuals find themselves in a lonely self emancipating situation, by which they are considered single human beings who stand before God. The more individual lose one’s social identity, the more â€Å"spiritual† and undifferentiated one becomes. Kierkegaard’s notion of the â€Å"true self† is one which conforms to the image of humanity as reflected by God through Christ (Kierkegaard, Soren; 1989). With respect to this principle, there are two theoretical dilemmas which other public intellectuals like Sartre may be facing: (1) in such a manner by which an individual stood before God, there is a possibility that the split between social and personal life is further accentuated (in oppose to Sartre’s dependence on both social and personal analysis); that is, the self and social life cannot be combined into one and (2) the situational status itself and that an individual identity for instance, cannot be placed over social and familial roles (which again contradicts Sartre’s notion of human situation as a by product of family, gender and other social structures). The Existentialist Thinker If it is in fact true to say that neither Kierkegaard nor Sartre agree with each other’s philosophy, why are they both considered existentialists any way? The very notion of Existentialism suggests that individual essence can only be realized after the â€Å"existence† of an individual had occurred and not the other way around; and that human beings cannot be understood in terms of science (Existentialism; 2010; Stanford Encyclopedia of Philosophy). As per Sartre’s definition, Existentialism viewed individuals as entities who are responsible for a certain social situation. In respect to this, an individual’s authentic value (so to speak one’s personal originality) is considered as the theory’s existential virtue necessary to examine one’s individual situation within a given social phenomenon. Kierkegaard, like Sartre, recognized the value for individual authenticity. Instead of relying on universality, he emphasized on the importance of absolute particularity of individuals. Placing a high regard for individual particularity over a more collective and universal approach to human relations and the society, Sartre and Kierkegaard somehow shared a common ground with respect to political philosophy. Thus, the accuracy of such theory may be defined in subjective terms rather than objective. Kierkegaard and Sartre viewed individuals as the center of rationalization; that is, when an individual is born, he or she is authentic by nature, one who dictated rather than be dictated by social condition; however, individual existentialism can be deemed applicable not only towards understanding human action and intention along with other social structures (for instance familial and social roles) but also towards absolute particularity which rejected the very notion of social influence. References â€Å"Sartre’s Political Philosophy†; Internet Encyclopedia of Philosophy (IEP): A Peer Reviewed Academic Resource. Kierkegaard, Soren (1989); â€Å"The Sickness unto Death†; Penguin Group. â€Å"Existentialism† (2010); Stanford Encyclopedia of Philosophy Sartre, Jean-Paul (1993); â€Å"Essays in Existentialism†; Citadel Press

Education and Mark Twain Tags

â€Å"Live as if you were to die tomorrow. Learn as if you were to live forever. †Ã‚   ? Mahatma Gandhi tags:  carpe-diem,  education,  inspirational,  learning 38,294 people liked it like â€Å"I have never let my schooling interfere with my education. †Ã‚   ? Mark Twain tags:  education 11,482 people liked it like â€Å"You can never be overdressed or overeducated. † ?  Oscar Wilde tags:  education,  fashion 6,803 people liked it like â€Å"You educate a man; you educate a man. You educate a woman; you educate a generation. †Ã‚   ? Brigham Young tags:  education,  feminism,  men,  women 3,833 people liked it like â€Å"The world is a book and those who do not travel read only one page.    ? Augustine of Hippo tags:  allegory,  books,  broad-mindedness,  classic,  education,  imagery,  travel,  world 3,650 people liked it like â€Å"Education is the most powerful weapon which you can use to change the world. â⠂¬ Ã‚   ? Nelson Mandela tags:  change,  education 2,344 people liked it like â€Å"Whatever the cost of our libraries, the price is cheap compared to that of an ignorant nation. †Ã‚   ? Walter Cronkite tags:  education,  ignorance,  intelligence,  libraries 2,006 people liked it like â€Å"Education is the ability to listen to almost anything without losing your temper or your self-confidence.    ? Robert Frost tags:  education 1,846 people liked it like â€Å"When you know better you do better. † ?  Maya Angelou tags:  education,  intelligence,  knowledge,  wisdom 1,709 people liked it like â€Å"The past has no power over the present moment. † ?  Eckhart Tolle tags:  education,  inspirational,  life,  philosophy,  truth,  wisdom 1,564 people liked it like â€Å"Education: the path from cocky ignorance to miserable uncertainty. †Ã‚   ? Mark Twain tags:  education 1,267 people liked it like â€Å"Intelligence plus character-that is the goal of true education. †Ã‚   ? Martin Luther King, Jr. tags:  education ,160 people liked it like â€Å"The task of the modern educator is not to cut down jungles, but to irrigate deserts. †Ã‚   ? C. S. Lewis tags:  education 1,111 people liked it like â€Å"The best thing for being sad,† replied Merlin, beginning to puff and blow, â€Å"is to learn something. That's the only thing that never fails. You may grow old and trembling in your anatomies, you may lie awake at night listening to the disorder of your veins, you may miss your only love, you may see the world about you devastated by evil lunatics, or know your honour trampled in the sewers of baser minds.There is only one thing for it then — to learn. Learn why the world wags and what wags it. That is the only thing which the mind can never exhaust, never alienate, never be tortured by, never fear or distrust, and never dream of regretting. Learning is the only thing for you. Look what a lot of things there are to learn. †Ã‚   ? T. H. White,  The Once and Future King tags:  curiosity,  depression,  education,  learning,  teaching 1,045 people liked it like â€Å"If you want to get laid, go to college. If you want an education, go to the library. †Ã‚   ? Frank Zappa tags:  education,  sex 1,013 people liked it ike â€Å"Give a girl an education and introduce her properly into the world, and ten to one but she has the means of settling well, without further expense to anybody. †Ã‚   ? Jane Austen tags:  education,  women 980 people liked it like â€Å"Education without values, as useful as it is, seems rather to make man a more clever devil. †Ã‚   ? C. S. Lewis tags:  character-development,  education,  ethics 834 people liked it like â€Å"Eragon looked back at him, confused. â€Å"I don't understand. † â€Å"Of course you don't,† said Brom impatiently. â€Å"That's why I'm teac hing you and not the other way around. †Ã‚   ?Christopher Paolini,  Eragon tags:  education,  humor 828 people liked it like â€Å"I am not a teacher, but an awakener. † ?  Robert Frost tags:  carpe-diem,  education,  inspirational,  learning,  mentoring 819 people liked it like â€Å"In real life, I assure you, there is no such thing as algebra. †Ã‚   ? Fran Lebowitz tags:  algebra,  education,  humor,  mathematics 775 people liked it like â€Å"[Kids] don't remember what you try to teach them. They remember what you are. †Ã‚   ? Jim Henson,  It's Not Easy Being Green: And Other Things to Consider tags:  childhood,  education,  learning,  teaching 773 people liked it like Ideally, what should be said to every child, repeatedly, throughout his or her school life is something like this: ‘You are in the process of being indoctrinated. We have not yet evolved a system of education that is not a system of indoctrinatio n. We are sorry, but it is the best we can do. What you are being taught here is an amalgam of current prejudice and the choices of this particular culture. The slightest look at history will show how impermanent these must be. You are being taught by people who have been able to accommodate themselves to a regime of thought laid down by their predecessors.It is a self-perpetuating system. Those of you who are more robust and individual than others will be encouraged to leave and find ways of educating yourself — educating your own judgements. Those that stay must remember, always, and all the time, that they are being moulded and patterned to fit into the narrow and particular needs of this particular society. †Ã‚   ? Doris Lessing,  The Golden Notebook tags:  conformity,  education,  feminism,  knowledge-power,  quip,  school 740 people liked it like â€Å"Study without desire spoils the memory, and it retains nothing that it takes in. †Ã‚   ? Leo nardo da Vinci ags:  education,  schooling,  university 734 people liked it like â€Å"Prejudices, it is well known, are most difficult to eradicate from the heart whose soil has never been loosened or fertilised by education: they grow there, firm as weeds among stones. †Ã‚   ? Charlotte Bronte,  Jane Eyre tags:  education,  prejudice 700 people liked it like â€Å"The mind is not a vessel to be filled, but a fire to be kindled. †Ã‚   ? Plutarch tags:  curiosity,  education,  mentoring,  mind,  thinking 669 people liked it like â€Å"Without education, we are in a horrible and deadly danger of taking educated people seriously. †Ã‚   ? G. K.Chesterton tags:  education,  ignorance,  indoctrination 667 people liked it like â€Å"Often, it’s not about becoming a new person, but becoming the person you were meant to be, and already are, but don’t know how to be. †Ã‚   ? Heath L. Buckmaster,  Box of Hair: A Fairy Tal e tags:  education,  growth,  life,  self-acceptance,  self-realization 664 people liked it like â€Å"You know, sometimes kids get bad grades in school because the class moves too slow for them. Einstein got D's in school. Well guess what, I get F's!!! †Ã‚   ? Bill Watterson tags:  calvin-and-hobbes,  comic,  education,  funny,  school 662 people liked it like The educated differ from the uneducated as much as the living differ from the dead. †Ã‚   ? Aristotle tags:  education 625 people liked it like â€Å"Try not to have a good time†¦ this is supposed to be educational. †Ã‚   ? Charles M. Schulz tags:  education,  humor 589 people liked it like * Home * Authors * Topics * Quote of the Day * Pictures * Top of Form Bottom of Form Authors:  A  B  C  D  E  F  G  H  I  J  K  L  M  N  O  P  Q  R  S  T  U  V  W  X  Y  Z ————————â €”———————- Education Quotes * Grid  List * * Prev * 1 * 2 * 3 * 4 * .. * 40 * Next * Share220309 Education is the most powerful weapon which you can use to change the world.Nelson Mandela Change,  Powerful,  Weapon It is the mark of an educated mind to be able to entertain a thought without accepting it. Aristotle Mind,  Without,  Thought A liberal education is at the heart of a civil society, and at the heart of a liberal education is the act of teaching. A. Bartlett Giamatti Society,  Heart,  Act An education isn't how much you have committed to memory, or even how much you know. It's being able to differentiate between what you know and what you don't. Anatole France Between,  Able,  Memory My mother said I must always be intolerant of ignorance but understanding of lliteracy. That some people, unable to go to school, were more educated and more intelligent than college professors. Maya Angelou Mother,  Scho ol,  Ignorance Education is an admirable thing, but it is well to remember from time to time that nothing that is worth knowing can be taught. Oscar Wilde Time,  Nothing,  Remember Ads by Google Church Online Tired of your life? Find hope at Church Online westside-family. churchonline. org Education is the ability to listen to almost anything without losing your temper or your self-confidence. Robert Frost Without,  Anything,  LosingEducation is not the filling of a pail, but the lighting of a fire. William Butler Yeats Fire,  Lighting,  Filling Develop a passion for learning. If you do, you will never cease to grow. Anthony J. D'Angelo Learning,  Passion,  Grow An investment in knowledge pays the best interest. Benjamin Franklin Knowledge,  Best,  Interest In the first place, God made idiots. That was for practice. Then he made school boards. Mark Twain God,  School,  Made The roots of education are bitter, but the fruit is sweet. Aristotle Sweet,  Bitte r,  Roots Education is the key to unlock the golden door of freedom.George Washington Carver Freedom,  Door,  Key Education is not preparation for life; education is life itself. John Dewey Life,  Itself The only person who is educated is the one who has learned how to learn and change. Carl Rogers Change,  Person,  Learned Education is the best friend. An educated person is respected everywhere. Education beats the beauty and the youth. Chanakya Beauty,  Best,  Friend He who opens a school door, closes a prison. Victor Hugo School,  Door,  Prison I spent three days a week for 10 years educating myself in the public library, and it's better than college.People should educate themselves – you can get a complete education for no money. At the end of 10 years, I had read every book in the library and I'd written a thousand stories. Ray Bradbury Money,  Myself,  End Education is a progressive discovery of our own ignorance. Will Durant Ignorance,  Discov ery The only thing that interferes with my learning is my education. Albert Einstein Learning,  Interferes It is a thousand times better to have common sense without education than to have education without common sense. Robert Green Ingersoll Better,  Without,  SenseA human being is not attaining his full heights until he is educated. Horace Mann Human,  Until,  Full Education is a better safeguard of liberty than a standing army. Edward Everett Better,  Liberty,  Army No one has yet realized the wealth of sympathy, the kindness and generosity hidden in the soul of a child. The effort of every true education should be to unlock that treasure. Emma Goldman Sympathy,  Kindness,  True An educated person is one who has learned that information almost always turns out to be at best incomplete and very often false, misleading, fictitious, mendacious – just dead wrong.Russell Baker Best,  Person,  Learned —————— Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€- Share with your Friends Share Everyone likes a good quote – don't forget to share. ————————————————- Popular Authors Abraham Lincoln Albert Einstein Buddha C. S. Lewis Dalai Lama Eleanor Roosevelt Helen Keller John F. Kennedy Khalil Gibran Marilyn Monroe Mark Twain Martin Luther King, Jr. Maya Angelou Mother Teresa Oscar Wilde Ronald Reagan Socrates Thomas Jefferson William Shakespeare Winston Churchill More authors * Grid  List * * Prev * 1 * 2 * 3 * 4 .. * 40 * Next ————————————————- Popular Topics Love Quotes Life Quotes Friendship Quotes Motivational Quotes Inspirational Quotes Success Quotes Funny Quotes Wisdom Quotes More topics —————â€⠀Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€- Get Social with BrainyQuote BrainyQuote Desktop BrainyQuote Mobile ————————————————- Site Home Quote of the Day Topics Authors Pictures Professions Birthdays ————————————————- Social BQ on Facebook BQ on Twitter BQ on Pinterest BQ on Google+ ———————————————— Syndication Quote Feed Art Quote Feed Funny Quote Feed Love Quote Feed Nature Quote Feed ————————————————- About Us Our Story Inquire Advertise Submit Privacy Terms AdChoices Copyright © 2001 – 201 3 BrainyQuote ®          BookRags Media Network ————————————————- Sharing Successful! Share again! You've successfully shared using Po. st! Welcome to po. st! Powered by Po. stPrivacy Read more at  http://www. brainyquote. com/quotes/topics/topic_education. html#z1aYzpTLODgGBg7Q. 99

Decision Making Essay

Managers are constantly called upon to make decisions in order to solve problems. Decision making and problem solving are ongoing processes of evaluating situations or problems, considering alternatives, making choices, and following them up with the necessary actions. Sometimes the decision-making process is extremely short, and mental reflection is essentially instantaneous. In other situations, the process can drag on for weeks or even months. The entire decision-making process is dependent upon the right information being available to the right people at the right times. The decision-making process involves the following steps: 1. Identifying the problems 2. Identify decision criteria 3. Allocating weights to criteria 4. Develop alternatives. 5. Analyze the alternatives. 6. Select the best alternative. 7. Implement the decision. 8. Establish a control and evaluation system. 1. Identifying the problems In this step, the problem is thoroughly analysed. There are a couple of questions one should ask when it comes to identifying the purpose of the decision. * What exactly is the problem? * Why the problem should be solved? Who are the affected parties of the problem? * Does the problem have a deadline or a specific time-line? 2. Identifying decision criteria The most obviously troubling situations found in an organization can usually be identified as decision crietria of underlying problems (Table 1). These citeria all indicate that something is wrong with an organization, but they don’t identify root causes. A successful manager doesn’t ju st attack the decision criteria but he works to uncover the factors that cause. TABLE 1| Identifying Decision Criteria| Criteria | Underlying Problem| Low profits and/or declining sales| Poor market research| High costs| Poor design process; poorly trained employees| Low morale| Lack of communication between management and subordinates| High employee turnover| Rate of pay too low; job design not suitable| High rate of absenteeism| Employees believe that they are not valued| | 3. Allocating weights to criteria Assigning a weight to each item places the items in the correct priority order of their importance in the decision-making process. 4. Developing alternatives Time pressures frequently cause a manager to move forward after considering only the first or most obvious answers. However, successful problem solving requires thorough examination of the challenge, and a quick answer may not result in a permanent solution. Thus, a manager should think through and investigate several alternative solutions to a single problem before making a quick decision. One of the best known methods for developing alternatives is throughbrainstorming,  where a group works together to generate ideas and alternative solutions. The assumption behind brainstorming is that the group dynamic stimulates thinking — one person’s ideas, no matter how outrageous, can generate ideas from the others in the group. Ideally, this spawning of ideas is contagious, and before long, lots of suggestions and ideas flow. Brainstorming usually requires 30 minutes to an hour. The following specific rules should be followed during brainstorming sessions: * Concentrate on the problem at hand. This rule keeps the discussion very specific and avoids the group’s tendency to address the events leading up to the current problem. * Entertain all ideas. In fact, the more ideas that comes up, the better. In other words, there are no bad ideas. Encouragement of the group to freely offer all thoughts on the subject is important. Participants should be encouraged to present ideas no matter how ridiculous they seem, because such ideas may spark a creative thought on the part of someone else. * Refrain from allowing members to evaluate others’ ideas on the spot. All judgments should be deferred until all thoughts are presented, and the group concurs on the best ideas. Although brainstorming is the most common technique to develop alternative solutions, managers can use several other ways to help develop solutions for example: * Nominal group technique. This method involves the use of a highly structured meeting, complete with an agenda, and restricts discussion or interpersonal communication during the decision-making process. This technique is useful because it ensures that every group member has equal  input in the decision-making process. It also avoids some of the pitfalls, such as pressure to conform, group dominance, hostility, and conflict, that can plague a more interactive, spontaneous, unstructured forum such as brainstorming. 5. Analyzing alternatives The purpose of this step is to decide the relative merits of each idea. Managers must identify the advantages and disadvantages of each alternative solution before making a final decision. Evaluating the alternatives can be done in numerous ways. Here are a few possibilities: * Determine the pros and cons of each alternative. * Perform a cost-benefit analysis for each alternative. * Weight each factor important in the decision, ranking each alternative relative to its ability to meet each factor, and then multiply by a probability factor to provide a final value for each alternative. Regardless of the method used, a manager needs to evaluate each alternative in terms of its * Feasibility  Ã¢â‚¬â€œ Can it be done? Effectiveness  Ã¢â‚¬â€œ How well does it resolve the problem situation? * Consequences  Ã¢â‚¬â€œ What will be its costs (financial and nonfinancial) to the organization? 6. Selecting an alternatives After a manager has analyzed all the alternatives, she must decide on the best one. The best alternative is the one that produces the most adv antages and the fewest serious disadvantages. Sometimes, the selection process can be fairly straightforward, such as the alternative with the most pros and fewest cons. Other times, the optimal solution is a combination of several alternatives. Sometimes, though, the best alternative may not be obvious. That’s when a manager must decide which alternative is the most feasible and effective, coupled with which carries the lowest costs to the organization. (See the preceding section. ) Probability estimates, where analysis of each alternative’s chances of success takes place, often come into play at this point in the decision-making process. In those cases, a manager simply selects the alternative with the highest probability of success. 7. Implementing the alternative Managers are paid to make decisions, but they are also paid to get results from these decisions. Positive results must follow decisions. Everyone involved with the decision must know his or her role in ensuring a successful outcome. To make certain that employees understand their roles, managers must thoughtfully devise programs, procedures, rules, or policies to help aid them in the problem-solving process. 8. Evaluating decision effectiveness Even the most experienced business owners can learn from their mistakes. Always monitor the results of strategic decisions you make as a small business owner; be ready to adapt your plan as necessary, or to switch to another potential solution if your chosen solution does not work out the way you expected. Conclusion When it comes to making decisions, one should always weigh the positive and negative business consequences and should favour the positive outcomes. This avoids the possible losses to the organization and keeps the company running with a sustained growth. Sometimes, avoiding decision-making seems easier; specially, when we get into a lot of confrontation after making the tough decision. But, making the decisions and accepting its consequences is the only way to stay in control of our corporate life and time.

Should local and state police have the authority to check on Research Paper - 1

Should local and state police have the authority to check on immigration status - Research Paper Example he ability of the terrorists to manipulate the weak points of immigration laws was not surprising, as enforcing these laws has proved to be an uphill task. It is suggested that the number of illegal aliens living in the United States is close to 7-10 million with a handful of 2000 enforcement agents to deal with them. This hence increased the urgency of reform in the immigration system (Kobach 179 Â ´). On reading the letter sent to him by the United States attorney general suggesting the involvement of the local police in enforcing the federal immigration law, Mayor Peterson was of the contrary opinion. On his reply to the attorney general, Mayor Peterson indicated that the local police were not the right personnel equipped for this task. He went on to elaborate that local police lacked the necessary expertise and training that is crucial in ascertaining on whom is illegally in the country. In addition to this, by placing the responsibility of enforcing the immigration laws on the local police, United States will be diverting these law enforcement agents from their neighborhood responsibilities that have existed since time in memorial. The hard-earned trust that existed between the new residents and the police could be jeopardized thanks to the new responsibilities regarding enforcement of immigration laws. In addition to this, the long founded legacy that existed in the city of service delivery to all despite ones immigration status could be destroyed. This legacy was viewed as the key to promoting public safety as discrimination is avoided (Indianapolis Monthly 2006, 225). D’Appollonia and Reich also indicate that by delegating the immigration status alone cannot amount to involvement of the local and state police in immigration enforcement. They go on to indicate that this is tantamount to transformation of the state police to personal destruction. The delegation of responsibilities regarding immigration enforcement to the local police by the federal

An Influential Personality Essay Example | Topics and Well Written Essays - 750 words

An Influential Personality - Essay Example A teacher by profession, he was a classic example of a maestro with charm and charisma. He was a brilliant speaker. He had the knack of interacting with people. He was an orator who knew how to command the attention of his students. Not only he was a good teacher but he also had a dynamic personality. He knew the thin line between a teacher and a student. The biggest asset in his personality was that he was very open to new ideas and suggestions. He never used to impose ideas on us. I learnt from him that how much important it is for us to listen and acknowledge our mistakes and grow as an individual. Not only was he inspiring in these aspects, but he was also a very committed person and a thorough professional. He was always on time and was the first to come in the morning and the last to go. He made himself available to the students all the time. If we ever needed help from him, he was always there to help us. I learnt from him the value of time and made it a point in my life to be a punctual student. â€Å"A teacher is like a potter who moulds clay into a beautiful pot†. This quote applies on him. He imparts us the meaning of life. He taught us that there is no success without failures. I learnt from him to accept failures. He taught us to laugh at ourselves. I learnt from him to be resilient and patient in tough time without losing love for life. Throughout his life he faced so much adversaries and difficulties but always came out like a winner. He faced them with bravery and resilience. I have seen him in worst of his times but I never found him complaining about life. Even when his personal life was marked by dramatic turbulence, he managed to keep his positive attitude in life and never lost his love for life. A very compassionate soul, l learnt from him to give without expecting in return. He used to give a lot to people in any capacity. He has helped so many people without ever demanding anything in return especially for his students. His love f or his students was unconditional. If I compare myself to him, I believe that throughout my life I was not a very balanced person. He helped me in becoming a balanced person. As compared to his personality, I used to get tensed, anxious and hopeless in tough times. He taught me to confront adversaries and put it in a positive perspective. I learnt to be true to myself. Unlike him, I never accepted my mistakes and confronted them. He taught me to acknowledge my mistakes and be critical to myself. In this way I could improve myself as a human being. We had a contrasting personality when it came to ambitions. I accepted life as it was, however, he made life how he expected it to be. From him I came to understand that life is a journey and not a destination. This very notion differentiated our views, aims, struggles and attitudes. We should enjoy the experience of the journey but should not accept it as our destination and keep striving for the best. This is the mantra of my life now. I owe it to him. I found in his personality a beautiful approach towards life to take every day as a new day. It is my teacher who showed me to go ahead in life and explore what life holds for you. This is the account of two contrasting personalities, whereby, on person has a rather flexible approach towards aims (i.e. me) while the other is much inclined towards achieving the preset aims and not compromising on them in any case, have survived

Building Engineering Services Essay Example | Topics and Well Written Essays - 1500 words

Building Engineering Services - Essay Example The Manning's equation is given as Where V is the velocity of flow through the drains, R is the mean hydraulic radius, S is the slope of the channel and n the Manning's coefficient. As the flowing liquid would contain different types of materials like floating debris and other suspended particles, necessary care must be taken to prevent any potential problems that would adversely affect the flow. In order to maintain the fluid flow , a minimum velocity need to be maintained. This velocity, termed as self cleaning velocity, is necessary to prevent any particle deposition in the channel bed. Similarly, very high velocity could also harm the channel durability. The liquid flow at high velocity could damage the surface lining of the drains especially when the liquid being conveyed is highly abrasive. All drainage works must be prepared and laid as per the prevailing building regulation rules (ADS Inc, 2008). A minimum diameter of 150 mm must be adopted for all the drainage pipe connections involving more than 10 user locations. Grease separator must be included to all the drains connected to hotels or any cooking related centres. Addition of drains to the existing network must be through prefabricated units to avoid the use of saddles (ADS Inc, 2008). ... In such situations either Rocker pipes or filling compressible materials around the drains are the measures adopted. Finally, the rodent control measures like sealed inspection chambers, intercepting traps and solid gully covers are also very essential (ADS Inc, 2008). Rainwater systems The rainwater collected is not allowed to be discharged to the existing sewer lines. In the case of unavoidable situations , the order of priority of rainwater discharge is initially to a soakway then to a water course and finally to sewer (ADS Inc, 2008). The soakways proposed for such situations must be designed based on the data on the rainfall intensity, soil porosity tests and storage capacity. The details of swales, filters and the detention ponds may also be used. The modification to the roof area and gutter sizes besides providing symphonic and eaves drop system need to be followed as per the guidelines (ADS Inc, 2008). The locations that have more chance to produce the contaminated drainage must be separately handled. The areas affected by the petrol spill must try to direct all drainage to an oil interceptor before further segmentation. Inorder ensure sustainable use of resources the rainwater is put into different types of reuse operations. It is estimated that roof area of atleast 2000 sq ft would be able to gather atleast 1246 gallons during 1 inch rainfall (DoE, n.d.). It could be stored in small tanks placed below the ground surface and could store water when the rain water beings in considerable volume. In addition to the storage systems different types of recharge methods also could be adopted. This would result in significant improvement in the ground water level in the

COSTS OF PRODUCTION Essay Example | Topics and Well Written Essays - 750 words

COSTS OF PRODUCTION - Essay Example To understand the concept indivisibility of some factor inputs, we can look at some examples from the Tropical Smoothie cafà ©. Some of the indivisible inputs include the business idea, entrepreneurial skills, and the skills of individual workers among others. In this  case, it is  clear that not all inputs all divisible. Therefore, the indivisible inputs should be utilized efficiently to avoid wastage. There exist several characteristics or features of a competitive market structure. For instance, there are no barriers to entry in the market. In this regard, firms are free to penetrate or exit the market on their own pleasure. As a result, there are many small firms that serve the entire market such that no firm has sufficient power to control the market (Dwivedi, 2006). Therefore, the price of commodities in such a market are determined by the forces of demand and supply. In essence, the firms have to set prices that are in line with the existing market price. Generally, it can be argued  that the firms in such a market are price takers. Van & Camesasca (2001) state that a perfectively competitive firm offers identical products to that of competitors. In this regard, the consumers can switch from one firm to the other since all products are close substitutes. Actually, the products serve the same customers’ needs and wants and, therefore, firms are forced to devise unique means of surviving the competition. In essence, the homogeneity of products in perfectively competitive markets creates a cut-throat contest among the firms in the competition. Perfectly competitive firms operate with resources that are easily transferable from one industry to another. In essence, the firms are flexible to changes and, therefore, can fit in more than one industry. Studies have shown that most perfectly competitive firms do not operate in one industry for their entire life of

Mobile Banking Factors why consumers are resisitng the new technology Essay

Mobile Banking Factors why consumers are resisitng the new technology - Essay Example Hence, better technology will lead to quicker and more enjoyable mobile transactions. This report focuses on the customer response to mobile banking in California, US. Through one-on-one interviews with 100 young consumers (ages ranging from 15 to 25 years old) the nature of consumer resistance to mobile banking is explored and explained. This strategic report also offers a hopeful examination of the future prospects of mobile phone banking applications in California. Mobile banking represents a daring and emerging innovation with currently relatively low usage rates among American consumers. However, this segment is expected to have a high usage rates in the future with the implementation of improved features by the service providers. The first applications of mobile banking were implemented in the mid-nineties which enabled bank customers to make payments and request account balances via mobile phone as an SMS service. However, compared to Internet banking in developed countries, mobile banking adoption rates in developed and developing countries have been rather low and slow. When mobile phone banking was first launched in the US market in mid-2002, the US consumers had a lukewarm response to the new technology during that time. Only a few percentage of the customers were open to mobile phone banking. ... 9.2.1. Mobile Banking Questions 14 List of Tables 1. Introduction Mobile banking represents a daring and emerging innovation with currently relatively low usage rates among American consumers. However, this segment is expected to have a high usage rates in the future with the implementation of improved features by the service providers. The first applications of mobile banking were implemented in the mid-nineties which enabled bank customers to make payments and request account balances via mobile phone as an SMS service. However, compared to Internet banking in developed countries, mobile banking adoption rates in developed and developing countries have been rather low and slow. When mobile phone banking was first launched in the US market in mid-2002, the US consumers had a lukewarm response to the new technology during that time. Only a few percentage of the customers were open to mobile phone banking. Approximately, only 4% of US online consumers with a mobile phone use a feature of mobile banking. Another 5% of the consumers were interested, however, the remaining 72% of the customers were not interested at all. (Meyer, Thomas, 2007) 1.1. Background of the StudyMobile phone banking did not have a great beginning in the US banking market. For instance, the Wells Fargo shut down its mobile phone banking offering in 2002 give a skeptic response from the bank customers. In addition, Forrester Research found out that only 10% of American consumers indicated that they would consider mobile banking, versus the 35% or so who already bank online. The customer resistance for mobile phone banking has been persistent. A common reason for this is that the bank customers are conservative and security conscious with respect to their money. These

Brief history of the industrial revolution in America Essay

Brief history of the industrial revolution in America - Essay Example One of the events that shaped America history is the 15th amendment that prohibited discrimination or denying the right to vote by American on the excuse of race or colour (Berkin, Miller, Cherny, and Gormly, 78). This event happened after the whites had passed a legislation that disallowed people of black origin not to vote in elections. Black human rights activists, who put pressure on the government to amend the legislation opposed this move. As a follow up to the 15th amendment, a 19th one was made on the constitution that allowed women to vote in national and local elections. These amendments were made under the congressional reconstruction, which saw the southern states divided into military districts. Under this period, Andrew Johnson was impeached for violating the tenure of office act by removing Staton but the main reason was his defiance for reconstruction of the congress; 18th amendment was also enacted in 1930’s , and it banned production and sale of alcohol in Un ited States of America. Although this amendment received huge support from the masses, there were not enough police officers to enact it, and therefore the leaker takers found a way to brew their own beer. With time, the authorities found out that prohibition of production and sale of alcohol contributed a lot to law breaking, this led to the abolishment of the regulation. During the period from 1877 to 1913, United States grew in terms of industrialization to become the leading industrial nation with well-organised railroads, labour and industries; the income of non-farm workers grew by about 75 per cent by 1900 and grew further by 33 per cent by 1918. The first industrial revolution that occurred in America saw production move from artisan to factories, while the second revolution saw the expansion of the factories to in terms of size, coordination and organisation to industry level, which was facilitated by advancements in technology and improvements in transport

Does Restorative Justice Prevent Crime Essay Example | Topics and Well Written Essays - 2000 words

Does Restorative Justice Prevent Crime - Essay Example Researchers and authors have critically argued that although significant number of attempts has been made by advocates of Restorative Justice in contrasting this model with various other approaches of justice, this model has suffered from several pitfalls. One of the most important pitfalls has been that those attempts have raised different meanings. These meanings have been attributed to different retribution and to rehabilitation (Mantle et al., 2005: p.2). Principles and practices incorporate a view of crime in terms of a conflict between individuals, instead of conflicts between the state and the offender. The aspect which is closely associated with this view tells that the governments’ responsibility with respect to providing security to individuals, crimes and conditions of disorder need to be shared â€Å"among all the members of the community†. This justice approach has been considered as a humanitarian approach which â€Å"brings to the foreground ambitions of forgiveness, healing, reparation and reintegration† (Mantle et al., 2005:p.3). Hence, this approach includes the offender as well as the victim, their families, friends and community representatives. This urges offenders and the victim to make face-to-face contacts with each other. These aspects of mutual interaction have been used to mark voices of both victim and the offender with regard to their experiences as well as understanding of the crime. These interactions have been introduced in this approach for the purpose of reaching a mutually acceptable solution to the problem (Mantle et al., 2005:p.3). Advocates of this unique approach of justice argue that mental lockdown of the crime is not required in the modern world and society; rather what is required is the justice policy which will repair the damage caused by the crime. Due to this reason, in the restorative justice all parties associated with the crime are incorporated into the justice procedure. The level of confli ct, generated by the system or procedure of criminal justice, has been reduced by the restorative justice. These conflicts arise when harsh punishments are provided to people who belong to the powerless social outcasts of nation. According to the advocates of Restorative Justice, old or traditional modes of justice and methods of punishment have failed considerably to provide a significant system of justice for offenders, victims and others (Siegel, 2011:p.285). However, restorative justice has been praised by various researchers with respect to the fact that it helps in the process of increasing the likelihood of the victim of reporting the crime and also provides different alternative punishments to sanction which ‘get tough’ on these offenders from their respective communities (Sullivan and Tifft, 2006:p.490). Restorative justice has widely been used by NGOs across the globe for providing proper and effective justice to women and children (mainly). Various rights in regard to society, such as rights to work, rights to speech etc., have been developed with greater use of Restorative Justice. Greater use of restorative justice has made the criminal justice system more effective in terms of reducing the level of occurrence of crimes in the society. For instance, in the United States of America, greater use of

How do Consumer Characteristics Influence Buying Behavior Research Paper

How do Consumer Characteristics Influence Buying Behavior - Research Paper Example On the contrary, previously marketers and organizations were able to comprehend the consumers buying behaviors and patterns through their experiences of selling the products to the consumers. However, firms and marketing decision makers lost direct contact with the customers with the augmentation of the market and organizations. Therefore, consumer-buying behavior is one of the most significant aspects for the organizations in today’s time to be acquainted with the buying patterns and habits of the consumers so that they can focus on their products or services to the market (Pride  & Ferrell, 2008). Since the consumer market profoundly depends upon the buying behaviors of the customers, therefore organizations should understand the market before developing or designing any marketing strategies. As a result, to the constantly changing buying patterns of the consumers, consumer research has become one of the imperative methods for the marketers and enterprises where they are s pending millions of dollars for the study of consumer habits. Moreover, consumer research allows the marketers to gain more knowledge about the consumer behavior and their habits of buying a particular product or service. Furthermore, this research also makes the enterprise identify and recognize with the response of the customer towards the overall product that include its features, price, advertising and several others over its competitors (Pride  & Ferrell, 2008). The research will also lead to the surveillance that consumer enormously varies in age, income, education, taste and quite a lot of other factors. In addition, the consumer characteristics that influence their purchasing habits also include elements such as cultural, social, personal, and psychological characteristics. Therefore, the consumer research findings provide a great deal of assistance to the firms, as they are then able to determine the strong association between the marketing stimulus and the customer react ion. In addition, the consumer characteristics that deeply persuade the buying behaviors are constructive and valuable for the marketers to identify and understand the consumers that the firms are making an effort to influence them (Pride  & Ferrell, 2008). In particular, the researcher will put efforts on the below mentioned research statement to achieve aims and objectives of the research: â€Å"To identify and analyze the influence of consumer characteristics on buying behavior?† Background Information Back in the old days, it was easier to determine what makes consumers buy what they buy. A market was just that- a marketplace. Bazaars and shops directly dealt with the customers they were selling products to and thus were aware of the moods and preference as well as how different contexts influence the consumption of various products (Pride & Ferrell, 2010). However, as time passed and the trade industry expanded, shops grew into brands and brands became large multinatio nal companies, making it much more difficult for the shopkeepers to interact with the public to find out about their preferences (Pride & Ferrell, 2007). Thus, these companies started hiring firms and people whose only job was to find out what consumer behaviors affects their purchase and consumption of va

Dead Poets Society - Belonging Essay Example for Free

Dead Poets Society Belonging Essay I have written some introductory paragraphs for you if you are thinking about using the film Dead Poets Society as a related text. You will need to include a paragraph that examines TWO scenes, with film techniques, and discuss how the concept of Belonging is explored in these scenes if you wish to use this text Q The challenge to belong may be resisted or embraced. The challenge to belong may be resisted or embraced and this concept is explored in detail in Peter Weir’s film, Dead Poets Society. In this film we go on a journey with the student body of Welton Academy, an exclusive private school, and English teacher John Keating as they re-form the Dead Poets Society in the hope of exloring their own dreams. Eventually though, this act is seen as defying the honour code of belonging to the school and as the boys choose to embrace their individuality they are met with tragic consequences. The â€Å"four pillars† of Welton are established in the beginning of the film and this sets the tone for the expectations of the Welton community. In the opening scenes the headmaster praises the school, its tradition and its performance and the audience is left with no doubt that to belong to Welton means to unquestioningly abide by the â€Å"four pillars† tradition, honour and discipline. To do so, as the rest of the film goes on to show, means to conform at the expense of any individual passions or pursuits, success is measured by adhering to the group expectations rather than individual goals. John Keating does not belong at Welton, not just because of his progressive teaching methods, but because he encourages boys to think and act for themselves, to change, not to conform. He incites them to take risks and break rules in pursuit of individual pleasures. The theme of resisting the challenge to belong is most sharply focused on the relationship between Neil and his father.

Children and Nature in Poetry

Children and Nature in Poetry In numerous poems during the romantic period the themes are centered on children and nature. The themes are not just about children alone and not just nature but the two subjects together. This is to suggest that children and nature are connected, the two subjects are one. Poets during the romanticism era use the childhood period as sort of a looking glass into nature and its true aspects which seems to get lost once adulthood is reached. The poems in the romantic era are all about trying to regain that innocence that special bond that a child seems to be able to share with nature. Samuel Coleridges poem Frost at Midnight is set in the winter season with him describing his feelings about his infant baby. Coleridge realizes how special his child is and how his child is able to share a connection with nature. A connection, that Coleridge believes that he was deprived of For I was reared/ in the great city, pent mid cloisters dim, and saw naught lovely but the sky and stars(Coleridge 51-53). Coleridge here claims that because he was raised within the city he never was able to create that special bond with nature. Due to this fact he uses his child now as sort of that medium into understanding nature, since he himself lost that time of innocence to the city. Coleridge is pained by his bringing up in the city life and throughout the poem is rejoicing that his child instead will be able to grow in nature. But thou, my babe! Shalt wander like a breeze/ by lakes and sandy shores, beneath the crags/ of ancient mountain, and beneath the clouds.(Coleridge 54-56). The line Shalt wander like a breeze suggest that Coleridge believes that child and nature are one. The child will actually become a part of nature, a breeze and shall wander in nature by the lakes and sandy shores. Coleridge by the end of his poem is still hopeful for his child. That even when his child is grown, will still remember that humans and nature are one, he claims that God will help him maintain this status. Great universal Teacher! He shall mould/ thy spirit, and by giving make it ask. Therefore all seasons shall be sweet to thee.(Coleridge 63-65). Coleridge uses the child in this poem to show that children and nature are one. Through this poem the audience is meant to see that humans and nature are not separate entities but together they act as one single unit. Unfortunately as we leave childhood and begin our journey into adulthood we seem to lose that view of nature and ourselves and begin to see nature separately. Looking next at Wordsworth poem Ode Intimations of immortality from Recollections of Early Childhood Wordsworth also agrees with the Coleridge idea, that children are able to connect with nature. The only difference between the two is that Wordsworth believes that as every child is born, they immediately share a connection with nature and with heaven, that they are born with this connection. Coleridge on the other hand believes that this connection, yes, occurs during the innocent time of childhood but is not one that is guaranteed. For Coleridge this connection must be made, you are not born with it, for he himself says he never had the chance to connect with nature the way his child is able to. Wordsworth in this poem wants the audience to wake up! To see that we have lost our way and have been sleeping, he wants us to return to the mindset of a child There was a to,me when meadow, grove, and stream,/ the earth, and every common sight,/ to me did seem/ appareled in celestial light,/ the glory and the freshness of a dream.(Wordsworth 1-5). Children are the ones who are able to see nature for what is truly is. Heaven lies about is in our infancy!(Wordsworth 66). Unfortunately Wordsworth loses this way of seeing and thinking to the world as he begins to grow. It is not now as it hath been of yore; / turn wheresorer I may/ by night or day,/ the thinks which I have seen I not can see no more. (Wordsworth 5-9). Here Wordsworth is sadden that although he tries to see what he once was able to, he can not. Wordsworth believes that losing this mentality is inevitable. Our birth is but a sleep and a forgetting; Shades of the prison house begin to close/ upon the growing boy.(Wordsworth 58, 67-68). Wordsworth is sadden by this thought that we lose our innocence appreciation for the natural world. Yet he is reminded that he can still be happy for he still has the child and his memories to help connect to nature. Wordsworth uses his experiences and a child to keep him connected and Coleridge uses his infant to keep him connected. This is what it means when Child is the father of man. Of course the child can not care for the man, but still the child has something to offer. Just as a father offers protection and care for a child, the child offers the mindset and lens into the natural world. The child is a reminder that nature and humanity are one; they are intertwined with one another.

St John of the Cross A Mystic for the 21st Century

St John of the Cross A Mystic for the 21st Century Regnum 146874Â   Human beings have always cultivated a desire to meet God, to question him, to know his thoughts, to find out his plans. How to find him? Where can we meet him? In ancient times it was believed that the ideal place would be the peaks of the mountains. All nations had their sacred mountains-meeting places between heaven and earth, the abode of the gods and goal of human ascent-for the Greeks, Olympus; for the inhabitants of Mesopotamia, Ararat; for the Ugarits, the Tzaphon. Israel also shared this belief. Abraham, Moses, and Elijah had their strongest spiritual experiences on the mountains: Moria, Horeb, and Mount Carmel. Saint John of the Cross follows in such a tradition. But how could one consider John of the Cross, a 16th century mystic in the scholastic tradition, as having relevance for the 21st century? McGinn, quoting Henri Bremond states; In short, it is not possible to ignore the mystics without disowning ones self. (McGinn, 30) what I believe John offers is a spirituality th at attempts to transcend oneself, comes out of ones experiences and moves close to divine union by forsaking self in relation to others and to God. Essentially, I believe John develops an existential approach to spirituality which offers a hand for the parched lives in modern society. Known as a great advocate of St John of the Cross, Thomas Merton remarked, [T]hese words I underlined, although they amazed and dazzled me with their import, were all too simple for me to understand. They were too naked, too stripped of all duplicity and compromise for my complexity, perverted by many appetites. (Egan, 62) How difficult is it to understand simplicity? In the 21st century, increasingly so. Our lives have become so complicated and dominated by a cacophony of soundbites, images and false truths that we seem to be further from finding God than ever before. It was the Canticle I glanced at while seated in the school chapel. A joyful piece of poetry full of light and far from the Dark Night of my earlier knowledge of John of the Cross. If ever I needed a sign it was on the feast of St. John of the Cross as I sat taking a deep breath removed from the hectic business of a days work. Oh to be a mystic, shut away from the hustle and bustle of life engaged in prayer, spiritual reading and gentle manual work. Such a view of the life of a mystic I am certain is common, yet far from reality. Sitting reflecting on the life of John of the Cross I was intrigued by how busy he was, how engaged in lifes activity. Further, I became aware of a saint for diaconal ministry and for a personal spirituality based on liberation and freedom. What Martin Heidegger would refer to as anticipatory resoluteness. Heidegger says that the intelligibility of Being-in-the-world expresses itself as discourse (Heidegger, 204) That discourse for John is with God and aids a transformation from self to other. For John, conversion is what the contemplative life is all about.[1] Of course, John came from a family of converts to Christianity, as a converso he descended from Jewish converts to Christianity. While his early family life is well known; the rejection of his father by his noble family for marrying his mother who was of a lowly class, the poverty, destitution and homelessness following the death of his father. It is apt to consider such biographical details to come to an understanding of how he developed a self-sacrificial approach towards life. At fourteen, John took on a job caring for hospital patients who suffered incurable diseases and madness. There is little reward for such tasks. For John he discovered his love of life and of God. Such love of God sustained him throughout his prison experience following his contact with Teresa of Avila and his agreement to join her reform movement. John supported her belief that the Carmelite order should return to its life of prayer. After nine months in prison John managed to escape taking with him his unf inished poetry. Ascent of Mount Carmel and Dark Night of the Soul later became two of his books of practical advice along with A Spiritual Canticle and the Bridegroom Christ. His works were never intended to be published, they were merely aide memoirs to help initially the members of the order and others develop in their love of God. Initially John intended the reader to interpret his poetry for themselves. However, like Jesus before him John was prevailed upon to explain and help others to understand. Indeed, in the prologue to the Ascent John makes reference to others who will be attempting to guide directees towards the summit. He says they understand not themselves and lack competent and alert directors. (Ascent Prologue, 2) In the prologue to the Ascent, John indicates his principal sources: I have to say, or at the least, in that which is most important and dark to the understanding, of Divine Scripture; for, if we guide ourselves by this, we shall be unable to stray, since He Who speaks therein is the Holy Spirit. (Ascent Prologue, 2) While predominantly from the New Testament John makes reference to over 1300 scriptural quotations from almost every book. He seems to have known the Bible from heart and he twists and moves such knowledge of the scriptures with his understanding of life and love of God. Shaped, as it was, by his very experience of life. John bases his entire doctrine upon well-established dogmatic facts; nature of God; nature of man; mans purpose and the means by which one gets there. In the Ascent John begins his climb to the summit of divine union with the dark night, essentially a purge of the sensual self to develop passivity and reception of Gods will into our lives. It is no happy accident that John makes reference to a young Tobias from the Old Testament; (Tobit 6:4-5) In the first (night) he commanded him to burn the heart of the fish in the fire, which signifies the heart that is affectioned to, and set upon, the things of the world; which, in order that one may begin to journey toward God, must be burned and purified from all that is creature, in the fire of the love of God. And in this purgation the devil flees away, for he has power over the soul only when it is attached to things corporeal and temporal. When one considers the materialism and the need now mentality in the culture of todays world a brief reflection upon the need to purge oneself of desire of all things seems ever more pressing. As we anticipate the inauguration of Donald Trump as president of the United States the rise of populism creates an energy and drive which at the same time drives a wedge into society. Ghetto mentality has been seen in Warsaw and we neednt spend too long considering the cause of that or the horrific outcomes. So what fills the void when we exorcise Twitter, Facebook and things of no lasting value? John gives us prayer. However, he insists it is not removed from the rest of life nor is it measured in time or quantity. Instead John gives us a life of prayer to help save us from evil, or at least the inordinate indulging of desires that injures the soul. Nothing is evil in and of itself. It is ones attitude. Todays society has seen an inordinate growth in mindfulness, a need for alternative spirituality and a wholesale rejection of the institutional church, at least in the West. Even Apple load, by default, a Mindfulness App on every iPhone they ship. By July 27th, 2016 they had shipped 1 billion units; one billion souls potentially saved by a single trans global corporation, all in the space of nine years. If only Jesus had met Steve Jobs down by the shores of Lake Galilee. One hundred years previously William James raised the same issues in his Gifford Lectures at Edinburgh University, Varieties of Religious Experience, or that John of the Cross and his interest in psychology and human nature got there 400 years before James? In lecture IX and X James refers to Conversion and a need to transform ones soul from sickness to wellbeing. Ironically, James work was utilised by Alcoholic Anonymous some 25 years after his death to help treat sick souls. (Bevacqua, 440) Ones addiction may be al cohol but there is also a plethora of addictions for which one must seek healing. Egan states: For John of the Cross, the journey of The Ascent of Mount Carmel is but a prelude to the love that blooms in a heart that God has freed. Genuine freedom comes not through ones own efforts-the active nights. For John of the Cross, liberation from disordered attachments comes fully and finally through the purifying contemplative dark nights-the passive nights-that follow on what is described in The Ascent of Mount Carmel (Egan, 67) There truly is nothing new under the sun. Consequently, Johns writings are neither a commentary nor a manual for those who devoted their lives to God in an enclosed convent or monastery. They are for every one of us who seek with a sincere heart the best way to spend our lives on earth. Freedom to be and freedom from is alluded to by Johns Ascent of Mount Carmel and his Dark Night of the Soul. According to St John [H]uman nature can never attain to the ontological status of Being Itself inasmuch as it can never assume the divine nature (even while participating in it), the perpetuity of its becoming -that-always-verges-on-being remains an inviolable aspect of its created nature. Mondello, 2) Simply put, we are always moving towards God (or away from), we can never Be God, or attain divine unity. Within existentialism Mahon OBrien argues for the structural and thematic coherence of Heideggers movement from authenticity to the search for an authentic free relation to the world as captured by the term releasement. By demonstrating the structural and thematic unity of Heideggers thought in its entirety, OBrien paves the way for a more measured and philosophically grounded understanding of the issues at stake in the Heidegger controversy. (OBrien, 119) In respect of St John detachment is grounded in his desire for self-sacrifice. It is simply the attitude that makes us value things in their true light before God and use them as He intended. For John the ontological is deeply radicated in the eschatological. Becoming is inexhaustible, for becoming, as such, occurs in eternity. Does John attain the summit? It would be most unlike his character to admit so. Detachment is necessary in, did ministry or indeed in the lives of all Christians. Who is my God? That which is worshipped in the temple of Mammon situated in a shopping centre near each of us? Or the one true God revealed in the scriptures? It is in the prophet Zephaniah that the word poor is used with a new connotation: it indicates not only as a social and economic situation but, above all, an inner religious attitude. For Zephaniah, poor is he who, having no security, trusts entirely in God and submits to his will. John offers us a window through which to gaze at the mountain, but we, as being s in the world, must take the steps to climb that mountain. There is no doubt that St John of the Cross must be read repeatedly and frequently. As a mystic he experienced lifes truly hard knocks, he lived his life in service of God and found love of God in doing for others. If there was ever a sign I received in November 24th 2016 then it was to begin to discover the depth and reality of John, and in doing so I share in some small way the incredulity of Thomas Merton who despite his deep desire to know John found his words, all too simple for him to understand. Saint John has the final word if anyone is seeking God, the Beloved is seeking that person much more. (LFL 3.28) Bibliography Abbreviations Saint John of the Cross Ascent Ascent of Mount Carmel LFL The Living Flame of Love Bevacqua, Tony, (2010). William Jamess sick-minded soul and the AA recovery paradigm: Time for a reappraisal. The journal of humanistic psychology: 50, (4): 440 Egan, KJ 2007, Thomas Mertons Approach to St. John of the Cross, Merton Annual, 20, pp. 62-78 James, William, (2012) The Varieties of Religious Experience: A Study in Human Nature. Oxford, Oxford Worlds Classics Kavanaugh, Kieran and Rodriquez, Otilio (Eds.) The Living Flame of Love 1.1; 1.3; and The Spiritual Canticle B, 29.3 in The Collected Works of Saint John of the Cross, rev. Washington, DC: Institute of Carmelite Studies, 1991. McGinn, Bernard The Mystical Tradition, in Woods, Richard and Tyler, Peter.(2012) The Bloomsbury Guide to Spirituality, London: Bloomsbury, 30 41 Mondello, Geoffrey (2010) The Metaphysics of Mysticism:Toward a Theory of Cognitive Transcendence OBrien, Mahon, (2011) Heidegger and Authenticity: From Resoluteness to Releasement, London: Bloomsbury [1]. See The Living Flame of Love 1.1; 1.3; and The Spiritual Canticle B, 29.3 in The Collected Works of Saint John of the Cross, rev. ed., eds. Kieran Kavanaugh and Otilio Rodriquez (Washington, DC: Institute of Carmelite Studies, 1991).

Television Violence :: essays research papers

Television Violence The article â€Å"Television Violence: The Power and the Peril† is an article written by George Gerbner in 1994 that covers information about television violence over a period of twenty one years. Gerbner’s purpose in this article is to address the audience about the problems that exist in television today. This article covers a very big controversy that has brewed up in our society. The controversy is that there is way too much violence on television, and therefore it could be affecting the way that we think and act on a regular basis. In this article Gerbner presents the audience with poll results and statistics about what we actually see on television.   Ã‚  Ã‚  Ã‚  Ã‚  I thought Gerbner’s article was a very affective piece about television violence. Although I thought this article seemed to a little repetitive and confusing at times, I think Gerbner does a good job in presenting the audience with bunches of facts about what we are actually watching on our television. The most appealing thing about this article in my opinion is the fact that the study in this article was a study that took over twenty years. In twenty one years of research, someone can get a real feeling of what is actually happening. Gerbner is real effective in getting his point across about the abundance of violence on television. Cherry 2  Ã‚  Ã‚  Ã‚  Ã‚   First, I think Gerbner is most affective in this article with the facts and evidence from the Cultural Indicators project (CI), which began in 1967. This shows that â€Å"by 1994 its computer archive contained observations on 2,816 programs and 34,882 characters coded according to many thematic, demographic and action categories† (Gerbner 15). From this study they were able to break down characters in shows from their behavior, their ethnic background, or even their social status. This study shows that â€Å"average viewer of prime time television drama sees in a typical week an average of 21 criminals arrayed against an army of 41 public and private law enforcers. There are 14 doctors, 6 nurses, 6 lawyers, and 2 judges to handle them† (Gerbner 16). To go with these characters, there is â€Å"an average of 150 acts of violence and about 15 murders† (Gerbner 16) that happen every week.   Ã‚  Ã‚  Ã‚  Ã‚  Gerbner’s article is also affective because he does not fail to leave anything out. Every counter argument that could be derived from this article, I think is covered by Gerbner. Television Violence :: essays research papers Television Violence The article â€Å"Television Violence: The Power and the Peril† is an article written by George Gerbner in 1994 that covers information about television violence over a period of twenty one years. Gerbner’s purpose in this article is to address the audience about the problems that exist in television today. This article covers a very big controversy that has brewed up in our society. The controversy is that there is way too much violence on television, and therefore it could be affecting the way that we think and act on a regular basis. In this article Gerbner presents the audience with poll results and statistics about what we actually see on television.   Ã‚  Ã‚  Ã‚  Ã‚  I thought Gerbner’s article was a very affective piece about television violence. Although I thought this article seemed to a little repetitive and confusing at times, I think Gerbner does a good job in presenting the audience with bunches of facts about what we are actually watching on our television. The most appealing thing about this article in my opinion is the fact that the study in this article was a study that took over twenty years. In twenty one years of research, someone can get a real feeling of what is actually happening. Gerbner is real effective in getting his point across about the abundance of violence on television. Cherry 2  Ã‚  Ã‚  Ã‚  Ã‚   First, I think Gerbner is most affective in this article with the facts and evidence from the Cultural Indicators project (CI), which began in 1967. This shows that â€Å"by 1994 its computer archive contained observations on 2,816 programs and 34,882 characters coded according to many thematic, demographic and action categories† (Gerbner 15). From this study they were able to break down characters in shows from their behavior, their ethnic background, or even their social status. This study shows that â€Å"average viewer of prime time television drama sees in a typical week an average of 21 criminals arrayed against an army of 41 public and private law enforcers. There are 14 doctors, 6 nurses, 6 lawyers, and 2 judges to handle them† (Gerbner 16). To go with these characters, there is â€Å"an average of 150 acts of violence and about 15 murders† (Gerbner 16) that happen every week.   Ã‚  Ã‚  Ã‚  Ã‚  Gerbner’s article is also affective because he does not fail to leave anything out. Every counter argument that could be derived from this article, I think is covered by Gerbner.

Howard Stern Essay -- essays research papers fc

How might one explain Howard Stern? Yes, he is a refreshing change from the typical, politically correct figure, and he provides humor and sex for late night audiences who are growing weary of Leno and Letterman. And while Howard Stern, shock jock turned television host, is more on the same wavelength as a Jerry Springer than a late night comic, Stern has always claimed--like Jerry--that his show is just an act. The idea that Howard Stern could come close--but not too close--to naked women on his television show, might have created the impression that this was just an act after all. He would say things that any other husband could not get away with, and it was okay, because it was all an act. His integrity and sense of honesty was intact, because he could look and not touch, even if he was standing just an inch away. Of course, that idea would not sit well with all, but in the world of Howard Stern, everything was copacetic. That is, until his wife left him. It might have been, as with many couples, that the pair divorced for a variety of reasons and that it had nothing to do with his untoward behavior. Still, the fact that he was married for many years, despite his lewd comments, gave him credibility. He was married and because he maintained that he was a faithful, it gave him a dual persona. People would think "Howard is all right. He speaks his mind. So what." But with a single Stern, the picture changes. He is no better than any other dirty old man now. At least that is the perception. While many speculate about the breakup--as who would stay married to a man who ogles other women every day on the air--Stern maintains that the separation had nothing to do with his on screen behavior. He said: " I take most of the blame because I'm a workaholic, and when I'm not working I'm hiding in my basement trying to recover, and I've pretty much hidden from life. I don't think it's easy to be married to me " ("Not-so-private" 68). Stern's contention that his marriage crumbled because of his habits rings true. In the film Private Parts based on his life, Stern revealed that he was of good character, remained faithful to his wife and that he was hard to live with off the air. Howard Stern is a recluse at home and marria... ...t marriage is something that is good for society. Still, if the couple do split for good, what he does as a bachelor will have an effect on his fans and his critics. But just as he makes fun of homeless people for example, it appears that he has set up a foundation for them on the sly ("Jock" 15). That is the mystery of Stern. He is both kind and callous. And while he can be both things at the same time, he is consistent in each trait, as he has hardly wavered from his positions over the years. Works Cited Donovan, Doug. "Motor Mouths. (Brief Article)." Forbes 20 Mar 2000 : 226 " Jock shock: is Howard Stern secretly helping the very same people he mocks? (radio talk show host's H and A Stern Family Foundation, Inc. rumored to help homeless people)." New York 14 Jun 1999:15. "Not-So-Private Parting: That sensitive radio guy, Howard Stern, feels the pain as his marriage unravels. (Up Front)(Brief Article)." People Weekly 8 Nov 1999: 68

Indian contract act Essay

A prospectus issued by a company for subscription of its shares by the members of the public, is an invitation to offer. The Letter of Offer issued by a company to its existing shareholders is an offer. 5. The offer must be communicated to the offeree. An offer must be communicated to the offeree before it can be accepted. This is true of specific as sell as general offer. 6. The offer must not contain a term the non-compliance of which may be assumed to amount to acceptance. Cross Offers Where two parties make identical offers to each other, in ignorance of each other’s offer, the offers are known as cross-offers and neither of the two can be called an acceptance of the other and, therefore, there is no contract. TERMINATION OR LAPSE OF AN OFFER An offer is made with a view to obtain assent thereto. As soon as the offer is accepted it becomes a con ­tract. But before it is accepted, it may lapse, or may be revoked. Also, the offeree may reject the offer. In these cases, the offer will come to an end. 1) The offer lapses after stipulated or reasonable time 2) An offer lapses by the death or insanity of the offeror or the offeree before acceptance. 3) An offer terminates when rejected by the offeree. 4) An offer terminates when revoked by the offeror before acceptance. 5) An offer terminates by not being accepted in the mode prescribed, or if no mode is prescribed, in some usual and reasonable manner. 6) A conditional offer terminates when the condition is not accepted by the offeree. (7) Counter Offer TERMINATION OF AN OFFER 1. An offer lapses after stipulated or reasonable time. 2. An offer lapses by the death or insanity of the offeror or the offeree before acceptance. 2. An offer lapses on rejection. 4. An offer terminates when revoked. 5. It terminates by counter-offer. 6. It terminates by not being accepted in the mode prescribed or in usual and reasonable manner. 7. A conditional offer terminates when condition is not accepted. ACCEPTANCE Acceptance has been defined as â€Å"When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted†. Acceptance how made The offeree is deemed to have given his acceptance when he gives his assent to the proposal. The assent may be express or implied. It is express when the acceptance has been signified either in writing, or by word of mouth, or by performance of some required act. Ex- A enters into a bus for going to his destination and takes a seat. From the very nature, of the circumstance, the law will imply acceptance on the part of A.] In the case of a general offer, it can be accepted by anyone by complying with the terms of the offer. ESSENTIALS OF A VALID ACCEPTANCE 1) Acceptance must be absolute and unqualified. 2) Acceptance must be communicated to the offeror. 3) Acceptance must be according to the mode prescribed. Ex- A sends an offer to B through post in the usual course. B should make the acceptance in the â€Å"usual and reasonable manner† as no mode of acceptance is prescribed. He may ac ­cept the offer by sending a letter, through post, in the ordinary course, within a reasonable time. COMMUNICATION OF OFFER, ACCEPTANCE AND REVOCATION As mentioned earlier that in order to be a valid offer and acceptance. (i) the offer must be communicated to the offeree, and (ii) the acceptance must be communicated to the offeror. The communication of acceptance is complete: (i) as against the proposer, when it is put into a course of transmission to him, so as to be out of the power of the acceptor; (ii) as against the acceptor, when it comes to the knowledge of the proposer. Ex- A proposes, by letter, to sell a house to B at a certain price. B accepts A’s proposal by a letter sent by post. The communication of acceptance is complete: (i) as against A, when the letter is posted by B; (ii) as against B, when the letter is received by A. The communication of a revocation (of an offer or an acceptance) is complete: (1) as against the person who makes it, when it is put into a course of transmission to the person to whom it is made, so as to be out of the power of the person who makes it. (2) as against the person to whom it is made when it comes to his knowledge. Ex- A revokes his proposal by telegram. The revocation is complete as against A, when the tele ­gram is dispatched. It is complete as against B, when B receives it. Revocation of proposal and acceptance: A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. Ex- A proposes, by a letter sent by post, to sell his house to B. B accepts the proposal by a letter sent by post. A may revoke his proposal at any time before or at the moment when B posts his letter of ac ­ceptance, but not afterwards. B may revoke his acceptance at any time before or at the moment when the letter communi ­cating it reaches A, but not afterwards. 2.3 CAPACITY TO CONTRACT (Sections 10-12) WHO ARE NOT COMPETENT TO CONTRACT The following are considered as incompetent to contract, in the eye of law: – (1) Minor: – (i) A contract with or by a minor is void and a minor, therefore, cannot, bind himself by a contract. (ii) A minor’s agreement cannot be ratified by the minor on his attaining majority. (iii) If a minor has received any benefit under a void contract, he cannot be asked to refund the same. (iv) A minor cannot be a partner in a partnership firm. (v) A minor’s estate is liable to a person who supplies necessaries of life to a minor. CASE EXAMPLE In 1903 the Privy Council in the leading case of Mohiri Bibi v. Dharmodas Ghose (190,30 Ca. 539) held that in India minor’s contracts are absolutely void and not merely voidable. The facts of the case were: Dharmodas Ghose, a minor, entered into a contract for borrowing a sum of Rs. 20,000 out of which the lender paid the minor a sum of Rs. 8,000. The minor executed mortgage of property in favour of the lender. Subsequently, the minor sued for setting aside the mortgage. The Privy Council had to ascertain the validity of the mortgage. Under Section 7 of the Transfer of Property Act, every person competent to contract is competent to mortgage. The Privy Coun ­cil decided that Sections 10 and 11 of the Indian Contract Act make the minor’s contract void. The mortgagee prayed for refund of Rs. 8,000 by the minor. The Privy Council further held that as a minor’s contract is void, any money advanced to a minor cannot be recovered. (2) Mental Incompetence A person is said to be of unsound mind for the purpose of making a contract, if at the time when he makes it, he is incapable of understanding it, and of forming a rational judgement as to its effect upon his interests. A person, who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. Ex- A patient, in a lunatic asylum, who is at intervals, of sound mind; may contract during those intervals. A sane man, who is delirious from fever or who is so drunk that he cannot understand the terms of a contract or form a rational judgement as to its effect on his interest, cannot contract whilst such delirium or drunkenness lasts. (3) Incompetence through Status (i) Alien Enemy (Political Status) (ii) Foreign Sovereigns and Ambassadors (iii) Company under the Companies Act or Statutory Corporation by passing Special Act of Parliament (Corporate status) (iv) Insolvent Persons 2.4 FREE CONSENT (Sections 10; 13-22) What is the meaning of `CONSENT` (SECTION 13) When two or more persons agree upon the same thing in the same sense, they are said to consent. Ex-agrees to sell his Fiat Car 1983 model for Rs. 80,000. B agrees to buy the same. There is a valid contract since A and B have consented to the same subject matter. What is meant by `Free Consent` (i) A railway company refuses to deliver certain goods to the consignee, except upon the pay ­ment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegally excessive. (ii) The directors of a Tramway Co. issued a prospectus stating that they had the right to run tramcars with steam power instead of with horses as before. In fact, the Act incorporating the company provided that such power might be used with the sanction of the Board of Trade. But, the Board of Trade refused to give permission and the company had to be wound up. P, a shareholder sued the directors for dam ­ages for fraud. The House of Lords held that the directors were not liable in fraud because they honestly believed what they said in the prospectus to be true. [Derry v. Peek (1889) 14 A.C. 337]. 2.5 CONSIDERATION [Sections 2(d), 10,23-25, 148, 185] Definition Consideration is what a promisor demands as the price for his promise. In simple words, it means ‘something in return.’ Consideration has been defined as â€Å"When at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or promises to abstain from doing some ­thing, such act or abstinence or promise is called a consideration for the promise.† IMPORTANCE OF CONSIDERATION A promise without consideration is purely gratuitous and, however sacred and binding in honour it may be, cannot create a legal obligation. A person who makes a prom ­ise to do or abstain from doing something usually does so as a return or equivalent of some loss, damage, or inconvenience that may have been occasioned to the other party in respect of the promise. The benefit so received and the loss, damage or inconvenience so caused is regarded in law as the consideration for the promise. KINDS OF CONSIDERATION A consideration may be: 1. Executed or Present 2. Executory or Future 2. Past 2.6 LEGALITY OF OBJECT (Sections 23, 24) An agreement will not be enforceable if its object or the consideration is unlawful. According to Section 23 of the Act, the consideration and the object of an agreement are unlawful in the following cases: What consideration and objects are unlawful – agreement VOID 1. If it is forbidden by law 2. If it is of such a nature that if permitted, it would defeat the provisions of any law. 2. If it is fraudulent. An agreement with a view to defraud other is void. 4. If it involves or implies injury to the person or property of another. If the object of an agree ­ment is to injure the person or property of another it is void. 5. If the Court regards it as immoral or opposed to public policy. An agreement, whose object or consideration is immoral or is opposed to the public policy, is void. Ex- A partnership entered into for the purpose of doing business in arrack (local alcoholic drink) on a licence granted only to one of the partners, is void ab-initio whether the partnership was entered into before the licence was granted or afterwards as it involved a transfer of licence, which is forbidden and penalised by the Akbari Act and the rules thereunder [Velu Payaychi v. Siva Sooriam, AIR (1950) Mad. 987]. 2.7 VOID and VOIDABLE Agreements (Sections 26-30) Void agreement 1. The following are the additional grounds declaring agreements as void: – (i) Agreements by person who are not competent to contract. (ii) Agreements under a mutual mistake of fact material to the agreement. (iii) Agreement with unlawful consideration. (iv) Agreement without consideration. (Exception – if such an agreement is in writing and registered or for a past consideration) (v) Agreement in restraint of marriage. (vi) Agreement in restraint of trade (vii) Agreements in restrain of legal proceedings, (viii) Agreements void for uncertainty (Agreements, the meaning of which is not certain, or capable of being made certain) (ix) Agreements by way of wager (a promise to give money or money’s worth upon the determination or ascertainment of an uncertain event) (x) Agreements against Public Policy (xi) Agreements to do impossible act. Voidable agreements An agreement, which has been entered into by misrepresentation, fraud, coercion is voidable, at the option of the aggrieved party. 2.8 CONTINGENT CONTRACTS (SECTIONS 31-36) A contingent contract is a contract to do or not to do something, if some event, collateral to such con ­tract does or does not happen. When a contingent contract may be enforced Contingent contracts may be enforced when that uncertain future event has happened. If the event becomes impossible, such contracts become void. ESSENTIAL ELEMENTS OF A CONTINGENT CONTACT 1. There must be a valid contract. 2. The performance of the contract must be conditional. 3. The even must be uncertain. 4. The event must be collateral to the contact. 5. The event must be an act of the party. 6. The event should not be the discretion of the promisor. 2.9 QUASI CONTRACTS [SECTIONS 68- 72] The term `quasi contract` may be defined as a ` contract which resembles that created by a contract.` as a matter of fact, `quasi contract` is not a contract in the strict sense of the term, because there is no real contract in existence. Moreover, there is no intention of the parties to enter into a contract. It is an obligation, which the law creates in the absence of any agreement. CIRCUMSTANCES OF QUASI CONTRACTS Following are to be deemed Quasi-contracts. (i) Claim for Necessaries Supplied to a person incapable of Contracting or on his account. (ii) Reimbursement of person paying money due by another in payment of which he is inter ­ested. Obligation of a person enjoying benefits of non-gratuitous act. (iii) Responsibility of Finder of Goods (iv) Liability of person to whom money is paid, or thing delivered by mistake or under coercion Ex- A, who supplies the wife and children of B, a lunatic, with necessaries suitable to their con ­ditions in life, is entitled to be reimbursed from B’s property. 2.10 PERFORMANCE OF CONTRACTS [SECTIONS 37-67] Offer to perform or tender of performance According to Section 38, if a valid offer/tender is made and is not accepted by the promisee, the promisor shall not be responsible for non-performance nor shall he lose his rights under the contract. A tender or offer of performance to be valid must satisfy the following conditions: 1. It must be unconditional. 2. It must be made at proper time and place, and performed in the agreed manner. WHO MUST PERFORM Promisor – The promise may be performed by promisor himself, or his agent or by his legal representative. Agent – the promisor may employ a competent person to perform it. Legal Representative – In case of death of the promisor, the Legal representative must perform the promise unless a contrary intention appears from the contract. CONTRACTS, WHICH NEED NOT BE PERFORMED I. If the parties mutually agree to substitute the original contract by a new one or to rescind or alter it 2. If the promisee dispenses with or remits, wholly or in part the performance of the promise made to him or extends the time for such performance or accepts any satisfaction for it. 2. If the person, at whose option the contract is voidable, rescinds it. 4. If the promisee neglects or refuses to afford the promisor reasonable facilities for the performance of his promise. 2.11 DISCHARGE OF CONTRACTS [Sections 73-75] The cases in which a contract is discharged may be classified as follows: A. By performance or tender B. By mutual consent A contract may terminate by mutual consent in any of the following ways: – a. Novation (substitution) b. Recession (cancellation) c. Alteration C. By subsequent impossibility D. By operation of law E. By breach 2.12 REMEDIES FOR BREACH OF CONTRACT (SECTIONS 73-75) As soon as either party commits a breach of the contract, the other party becomes entitled to any of the following reliefs: – a) Recession of the contract b) Damages (monetary compensation) c) Specific performance d) Injunction e) Quantum meruit Ex – A, a singer contracts with B, the manager of a theatre, to sing at his theatre for two nights in every week during the next two months, and B engages to pay her Rs. 100 for each night’s performance. On the sixth night, A wilfully absents herself from the theatre and B in consequence, rescinds the contract. B is entitled to claim compensation for the damages for which he has sustained through the non-fulfilment of the contract. 2.13 CONTRACTS OF INDEMNITY [SECTIONS 124-125] What is contract of indemnity A contract of indemnity is a contract whereby one party promises to save the other from loss caused to him by the conduct of the promisor himself or by the conduct of any other party. A contract of indemnity may arise either (1) by an express promise or (2) by operation of law i.e. the duty of a principal to indemnify an agent from consequences of all lawful acts done by him as an agent. RIGHTS OF INDEMNIFIED (THE INDEMNITY HOLDER) The indemnity holder is entitled to recover from the promisor a) All the damages which may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies b) All costs of suit which he may have to pay to such third party provided in bringing or defending the suit (i) he acted under the authority of the indemnifier or (ii) he did not act in contravention of the orders of the indemnifier and in such a such as a prudent man would act in his own case. c) All sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the indemnifier, and was one which it would have been prudent for the promisee to make. RIGHTS OF INDEMNIFIER The Contract Act makes no mention of the rights of the indemnifier. It has been held in Jaswant Singh Vs. Section of State 14 Bom 299 that the indemnifier becomes entitled to the benefit of all the securities, which the creditor has against the principal debtor whether he was aware of them, or not. 2.14 CONTRACT OF GUARANTEE [SECTION 126] What is Contract of Guarantee A contract of guarantee is defined as a contract to perform the promise or discharge the liability or a third person in case of his default. The person who gives the guarantee is called the â€Å"Surety†, the person from whom the guarantee is given is called the â€Å"Principal Debtor† and the person to whom the guarantee I given is called the â€Å"Creditor†. Requirement of two contracts It must be noted that in a contract of guarantee there must, in effect be two contracts, (i) a principal contract – the principal debtor and the creditor ; and (ii) a secondary contract – the creditor and the surety. Ex – When A requests B to lend Rs. 10,000 to C and guarantees that C will repay the amount within the agreed time and that on C failing to do so, he will himself pay to B, there is a contract of guarantee. Essential and legal rules for a valid contract of guarantee (i) The contract of guarantee must satisfy the requirements of a valid contract (ii) There must be someone primarily liable (iii) The promise to pay must be conditional Kinds of guarantee (i) Specific Guarantee (ii) Continuing Guarantee RIGHTS AND OBLIGATIONS OF THE CREDITOR Rights The creditor is entitled to demand payment from the surety as soon as the principal debtor refuses to pay or makes default in payment. Obligations The obligations of a creditor are: 1) Not to change any terms of the Original Contract. 2) Not to compound, or give time to, or agree not to sue the Principal Debtor 3) Not to do any act inconsistent with the rights of the surety RIGHTS OF SURETY Rights of a surety may be classified under three heads: 1. Rights against the Creditor In case of fidelity guarantee, the surety can direct creditor to dismiss the employee whose honesty he has guaranteed, in the event of proved dishonesty of the employee. 2. Rights against the Principal Debtor (a) Right of Subrogation (stepping into the shoes of the original) Where a surety has paid the guaranteed debt on its becoming due or has performed the guaranteed duty on the default of the principal debtor, he is invested with all the rights, which the creditor has against the debtor. (b) Right to be indemnified The surety has the right to recover from the principal debtor, the amounts which he has rightfully paid under the contract of guarantee. 2. Rights of Contribution Where a debt has been guaranteed by more than one person, they are called as co-sureties. When a surety has paid more than his share, he has a right of contribution from the other sureties who are equally bound to pay with him. LIABILITIES OF SURETY The liability of a surety is called as secondary or contingent, as his liability arises only on default by the principal debtor. But as soon as the principal debtor defaults, the liability of the surety begins and runs co-extensive with the liability of the principal debtor, in the sense that the surety will be liable for all those sums for which the principal debtor is liable. The creditor may file a suit against the surety without suing the principal debtor. Where the creditor holds securities from the principal debtor for his debt, the creditor need not first exhaust his remedies against the securities before suing the surety, unless the contract specifically so provides. DISCHARGE OF SURETY 1. By notice of revocation 2. By death of surety 2. By variance in terms of contract 4. By release or discharge of Principal Debtor 5. By compounding with, or giving time to, or agreeing not to sue, Principal Debtor 6. By creditor’s act or omission impairing Surety’s eventual remedy 7. Loss of Security 2.15 CONTRACT OF BAILMENT AND PLEDGE BAILMENT [SECTIONS 148 –181] What is `Bailment` When one person delivers some goods to another person under a contract for a specified purpose and when that specified purposes is accomplished the goods shall be delivered to the first person, it is known as Bailment The person delivering the goods is called the â€Å"Bailor†, and the person to whom goods are delivered is called the â€Å"Bailee†. CHARACTERISTICS OF BAILMENT 1. Delivery of Goods – it may be express or constructive (implied). 2. Contract. 2. Return of goods in specie. KINDS OF BAILMENTS Bailment may be classified as follows: – 1. Deposit – Delivery of goods by one man to another to keep for the use of the bailor. 2. Commodatum – Goods lent to friend gratis (free of charge) to be used by him. 2. Hire – Goods lent to the bailee for hire, i.e., in return for payment of money. 4. Pawn or Pledge – Deposit of goods with another by way of security for money borrowed. 5. Delivery of goods for being transported by the bailee – for reward. DUTIES OF BAILOR 1. To disclose faults in the goods 2. Liability for breach of warranty as to title. 2. To bear expenses in case of Gratuitous bailments 4. In case of non-gratuitous bailments, the bailor is held responsible to bear only extra-ordinary expenses. Ex- A horse is lent for a journey. The ordinary expenses like feeding the horse etc., shall be borne by the bailee but in case horse falls ill, the money spent in his treatment will be regarded as an extra-ordinary expenditure and borne by the bailor. DUTIES OF THE BAILEE 1. To take care of the goods bailed 2. Not to make unauthorised use of goods 2. Not to Mix Bailor’s goods with his own 4. To return the goods bailed 5. To return any accretion to the goods bailed RIGHTS OF BAILEE 1. The bailee can sue bailor for (a) claiming compensation for damage resulting from non-disdosure of faults in the goods; (b) for breach of warranty as to title and the damage resulting therefrom; and (c) for extraordinary expenses. 2. Lien 2. Rights against wrongful deprivation of injury to goods RIGHTS OF THE BAILOR 1. The bailor can enforce by suit all duties or liabilities of the bailee. 2. In case of gratuitous bailment (i.e., bailment without reward), the bailor can demand their return whenever he pleases, even though he lent it for a specified time or purpose. TERMINATION OF BAILMENT 1. On the expiry of the stipulated period. 2. On the accomplishment of the specified purpose. 2. By bailee’s act inconsistent with conditions. FINDER OF LOST GOODS Finding is not keeping. A finder of lost goods is treated as the bailee of the goods found as such and is charged with the responsibilities of a bailee, besides the responsibility of exercising reasonable efforts in finding the real owner. However, he enjoys certain rights also. His rights are summed up hereunder ­ 1. Right to retain the goods 2. Right to Sell -the finder may sell it: (1) when the thing is in danger of perishing or of losing the greater part of its value; (2) when the lawful charges of the finder in respect of the thing found, amount to 2/3rd of its value. 2.16 PLEDGE A pledge is the bailment of goods as security for payment of debt or performance of a promise. The person who delivers the goods, as security is called the ‘pledgor’ and the person to whom the goods are so delivered is called the ‘pledgee’. The ownership remains with the pledgor. It is only a qualified property that passes to the pledgee. Delivery Essential – A pledge is created only when the goods are delivered by the borrower to the lender or to someone on his behalf with the intention of their being treated as security against the advance. Delivery of goods may, however, be actual or constructive. 2.17 CONTRACT OF AGENCY [SECTION 182 – 238] Who is an `Agent` An agent is defined as a â€Å"person employed to do any act for another or to represent another in dealings with third person†. In other words, an agent is a person who acts in place of another. The person for whom or on whose behalf he acts is called the Principal. Agency is therefore, a relation based upon an express or implied agreement whereby one person, the agent, is authorised to act for another, his principal, in transactions with third person. The function of an agent is to bring about contractual relations between the principal and third par ­ties. WHO CAN EMPLOY AN AGENT Any person, who is capable to contract may appoint as agent. Thus, a minor or lunatic cannot contract through an agent since they cannot contract themselves personally either. WHO MAY BE AN AGENT In considering the contract of agency itself (i.e., the relation between principal and agent), the contractual capacity of the agent becomes important. HOW AGENCY IS CREATED A contract of agency may be created by in any of the following three ways: – (1) Express Agency (2) Implied Agency (3) Agency by Estoppel (4) Agency by Holding Out (5) Agency of Necessity (6) Agency By Ratification DUTIES OF AGENT 1. To conduct the business of agency according to the principal’s directions 2. The agent should conduct the business with the skill and diligence that is generally possessed by persons engaged in similar business, except where the principal knows that the agent is wanting in skill. 3. To render proper accounts. 4. To use all reasonable diligence, in communicating with his principal, and in seeking to obtain his instructions. 5. Not to make any secret profits 6. Not to deal on his own account 7. Agent not entitled to remuneration for business misconducted. 8. An agent should not disclose confidential information supplied to him by the principal [Weld Blundell v. Stephens (1920) AC. 1956]. 9. When an agency is terminated by the principal dying or becoming of unsound mind, the agent is bound to take on behalf of the representatives of his late principal, all reasonable steps for the protection and preservation of the interests entrusted to him. RIGHTS OF AN AGENT 1. Right to remuneration 2. Right Of Retainer 2. Right of Lien 4. Right of Indemnification 5. Right to compensation for injury caused by principal’s neglect PRINCIPAL’S DUTIES TO AGENT A principal is: (i) bound to indemnify the agent against the consequences of all lawful acts done by such agent in exercise of the authority conferred upon him; (ii) liable to indemnify an agent against the consequences of an act done in good faith. (iii) The principal must make compensation to his agent in respect of injury caused to such agent by the principal’s neglect or want of skill. TERMINATION OF AGENCY 1. By revocation by the Principal. 2. On the expiry of fixed period of time. 2. On the performance of the specific purpose. 4. Insanity or Death of the principal or Agent. 5. An agency shall also terminate in case subject matter is either destroyed or rendered unlawful. 6. Insolvency of the Principal. Insolvency of the principal, not of the agent, terminates the agency. 7. By renunciation of agency by the Agent.