Monday, December 30, 2019

Air Pollution Atlanta Using The Galileo Database - 991 Words

Researching the topic of air pollution Atlanta using the Galileo database was easy because there are several filters to narrow down the search. Furthermore, the database contains several non-periodical and peer-reviewed articles related to the topic. Using the criteria outlined above, the research selected two peer-reviewed articles from reliable academic sources. The criteria were reliable in selecting six peer-reviewed articles that covered the topic of air pollution in Atlanta comprehensively. Nevertheless, only one article provided the most reliable information related to the topic. As such, the first article, Smoggy with a Chance of Altruism: The Effects of Ozone Alerts on Outdoor Recreation and Driving in Atlanta, by Noonan (2014) covers the effects of ozone alerts on outdoor recreation and driving in Atlanta. According to Noonan (2014) smog alerts are provided in metro areas to create awareness about the effect of air pollution as well as eliminate industrial and driving emiss ions (Noonan 130). The air quality alerts target household emission behaviors by monitoring the ambient concentration instead of relying on product and firm attributes. As such, Noonan (2014) explores household behaviors that produce high emissions such as driving as well as high exposure activities, mostly outdoor recreation. Noonan, Douglas S. Smoggy with a Chance of Altruism: The Effects of Ozone Alerts on Outdoor Recreation and Driving in Atlanta. Policy Studies Journal 42.1 (2014):Show MoreRelatedLogical Reasoning189930 Words   |  760 Pages............................................................................................. 165 Abusing Rules of Grammar .............................................................................................................. 167 Using and Over-Using Euphemisms .............................................................................................. 169 Unintended Innuendo ............................................................................................................

Sunday, December 22, 2019

The Usefulness of the Analogy Between Society and a...

The Usefulness of the Analogy Between Society and a Biological Organism One set of sociologist that use the Biological or Organic analogy of societies are the Functionalists. Functionalism first emerged in Europe in the 19th Century. The French sociologist Emile Durkheim was the most influential of all the early functionalists. The theory became the dominant theoretical perspective in the 1940s and 1950. The functionalist theory is that within society there are many small parts that have to work together to maintain the society. I will be assessing how useful this analogy is to show the likeness between society and a biological organism. The functionalists argue that†¦show more content†¦The functions of the various parts all contribute into the maintenance of the body to cause effect. In the functionalist view behaviour in society is structured. relationships between members of society are organized in terms of rules. Values provide the general guidelines for behaviour in society and norms and roles are derived from them. The functions of social institutions are to work in together to help society to work better together e.g. the function of the family is to socialize the children to behave in the manner that is accepted within that society. Growth Biological organisms develop through a life cycle and evolve into more complex forms. They do this by adapting and changing themselves to better suit their environment. Societies in ways do the same, by means of reproduction to grow and improving technology and knowledge to grow out from their boundaries. Equilibrium The concept in biology of Homeostasis where the body keeps its temperature at approximately 37 °c by means of releasing the hormone ADH and controlling the amount of water lost et cetera. Is used in relation in functionalism from where Parsons notion of fit where social arrangements adapt to changing condition much like how they grow from change. So in relation to the biological analogy the values can be seen as the skeletalShow MoreRelatedThe Importance of Demography to Development11868 Words   |  48 Pagesorganization, and functioning of human society; the science of the fundamental laws of social relationships, institutions, etc. It generally concerns itself with the social rules and processes that bind and separate people not only as individuals, but as members of associations, groups, and institutions, and includes the examination of the organization and development of human social life. The sociological field of interest ranges from the analysis of short contacts between anonymous individuals on the streetRead MoreEssay on Silent Spring - Rachel Carson30092 Words   |  121 Pagesthe rate of about five hundred a year, applied in massive quantities virtually everywhere, with disastrous short- and long-term consequences for both wildlife and humans. To convey the grave danger that these substances represent, she introduces an analogy that will resurface over and over in Silent Spr ing: pesticides are like atomic radiation invisible, with deadly effects that often manifest themselves only after a long delay. Chapter three identifies a small handful of qualities that make the newRead MorePsychology Workbook Essay22836 Words   |  92 PagesCollege Teaching. ___4__ Dr. Lopez calculated the correlation between his students rates of absence and their exam scores and found that the two variables were positively associated. __2___ Dr. Lopez planned to track students attendance and exam scores and to correlate these two variables at the end of the semester. ___5__ Dr. Lopez inferred that the data he collected supported his hypothesis regarding the relationship between attendance and exam scores. Objective I.3 Describe theRead MoreMy Son Christian By Mark Carrasco Essay11672 Words   |  47 Pagesthe ill-fated fig tree of Mark 11 alone, there by requiring no amount of Holiness to be manifested in the lives of â€Å"believers†. If marriage as defined by Christ - through his word - is disregarded and mocked then no amount of social reform can save society. Why do I say this? I say this because genuine pastors who follow the precepts of God, will refuse to wed homosexual couples. Those who do refuse will be accused of violating the civil right of same-sex couples and will more than likely be fined orRead More4g Communication22481 Words   |  90 Pages providing stable system performance and quality service. 4G doesn t just define a standard; it describes an environment where radio access methods will be able to interoperate to provide communications sessions that can seamlessly hand-off between them. More than any other technology, 4G will have a profound impact on the entire wirele ss landscape and the total value chain. This paper focuses on the vision of 4G and briefly explains the technologies and features of 4G. Introduction: Read MoreLogical Reasoning189930 Words   |  760 Pages........................................................................................ 427 Argument from Authority ............................................................................................................ 427 Argument from Analogy .............................................................................................................. 430 Induction from Past to Future (Prediction) ................................................................................ 434 AppealRead MoreExistentialism vs Essentialism23287 Words   |  94 Pagesor goal. In this sense, humans are free to choose their own destiny.   * is a philosophical term which asserts that there is a distinction between essential and non-essential (contingent or accidental) characteristics of an object. Essentialism assumes that objects have essences and that an object’s identity is its essence. Aristotle distinguished between an object’s essence and its existence. Its essence is â€Å"what a thing is.† Its essence is â€Å"that a thing is.† An object’s essence is the collectionRead MoreOrganisational Theory230255 Words   |  922 Pagesapplication and consideration of how managment practice is formed and shaped by ideas and concepts. The authors have brought their wealth of experience and understanding and provided the field with an imaginative resource to address the dynamics between theory and practice. Dr Susanne Tietze, Bradford University, UK The key to success for managers is not only to be result oriented but also to be wise in their decision making. This requires that they hav e a deeper than superficial understanding ofRead MoreLibrary Management204752 Words   |  820 PagesEmployees . . . . . . . . . . . . . . . . . . . . . . . . . . . . Table 16.2. Some Practical Tips for Managing Conflicts . . . . . . . . . . . . . . . . . . . . . . . . . Table 17.1. New Principles of Management. . . . . . . . Table 17.2. Differences between Teams and Groups Table 17.3. Useful Roles Played on Teams . . . . . . . . Table 20.1. Schein’s General Managerial Competence Anchor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164 . . . . . 179 . . . . . 183 . . . . . 193 . . . .Read MoreStrategic Marketing Management337596 Words   |  1351 Pages11.8 11.9 11.10 11.11 11.12 11.13 Learning objectives Introduction The influence of market position on strategy Strategies for market leaders Marketing strategy and military analogies: lessons for market leaders Strategies for market challengers Strategies for market followers Strategies for market nichers Military analogies and competitive strategy: a brief summary The inevitability of strategic wear-out (or the law of marketing gravity and why dead cats only bounce once) The influence of product

Saturday, December 14, 2019

Philosophy Statement Free Essays

I believe that each child learns at their own pace, and it’s important to accommodate each individual. To reference Pestalozzi, I also believe children have more meaningful learning experiences with hands-on activities and it allows them to draw their own conclusions because they are experiencing what they’re learning first hand. I believe it’s my job as a teacher to create an environment that encourages children to think critically and allow them to experience things first hand. We will write a custom essay sample on Philosophy Statement or any similar topic only for you Order Now I also understand that each child learns differently, and not every child is the same, and it’s my job as a teacher to accommodate them to the best of my ability and create an environment where children feel comfortable to ask questions or voice their opinions. My goal as a teacher is to be a good role model to my students. I want to be able to develop a relationship with each of my students. I to be able help children with their self esteem by promoting individuality and diversity. I also understand the importance of assessment and believe it’s my job to assess each student thoroughly to better understand them and help them through whatever they are struggling with. I also believe it’s important to create an environment that promotes a child’s autonomy, to help them draw their own conclusions and think critically to help them build skills early on that they will need throughout adulthood. Over all I want to be the one teacher in a child’s life who made a difference. I believe that one of my strengths is that I’m accepting of others. I come from a half Hispanic and half Irish family and I was immersed in both cultures. I accept people no matter their religion, culture, or ethnicity and I promote diversity because I come from a diverse family. I believe this will be a very positive attribute when dealing with families and students because not every student is the same and it’s important to make each family feel welcome in the classroom regardless of their cultural background. I also believe that I am a very observant person which would be a very important skill in assessing my students which is a very significant part of being a teacher. I’ve always been observant, even as a child, I wanted to understand how things worked and why certain things affected others. Properly assessing students can put help put a stop to bullying, it can allow the teacher to better understand their students and find a method of teaching that works for each individual, and also can help keep parents updated on their child’s learning development. An area of future growth would be my communication skills. I’m not very articulate when I talk to crowds; I get nervous and falter my words. I’m more of a quiet person, I like to keep thoughts to myself and when I’m forced to express them I feel out of my element. This is something that is a work in progress and it is, slowly but surely, getting much easier for me. This is very important as a teacher to be able to effectively speak to the students and teach the material well. It’s also very important to keep in contact with parents to update them on activities and their child’s progress. How to cite Philosophy Statement, Papers

Friday, December 6, 2019

Beverage Management Samples for Students †MyAssignmenthelp.com

Question: Discuss about the Food and Beverage Management. Answer: Quality management systems for production and service The food and beverage industry is booming and swiftly moving ahead. Newspapers regularly cover news of expansion plans for the latest theme restaurants or big takeover deals. There are also instances of restaurant and hotel reviews or articles related to home cooking. Television channels are showing multiple cookery programmes all day long. All these has led to the facing of progressively more knowledgeable and refined customers with wider tastes and experiences than ever before by the food and beverage managers. These kinds of customers look for satisfaction, but are very difficult to satisfy. The customers translate their stated and implied needs into a range of expectations regarding the service or products they are going to experience. Not meeting these customer expectations would imply a gap in the customer expectations and the apparent features of the service or product offered to them, with no quality being provided. Quality is important for the industry to uphold its reputati on, build the image, reduce liability, and improve profitability and productivity (Davis et al., 2013). In the food and beverage industry there is a difficulty in managing and ensuring quality because the products and services are mostly intangible, apart from the tangible ones that include physical products. Along with intangibility, there is the threat of variability, perishability and inseparability. Moreover, the industry regularly faces unpredictable demands and lack of the use of technology (Wang, Chen Chen, 2012). To provide the quality expected by the customers from the service and products, the food and beverage industry has a few Quality Assurance (QA) systems existing like ISO (International Organisation for Standardisation, HACCP (Hazard Analysis Critical Control Points), and GMP (Good Manufacturing Practices) standards. These systems and at times their combination are commended for food quality and safety assurance. The cost of maintaining the quality includes conformance and non-conformance costs, appraisal and external failure. The maintenance of product quality identified six dimensions to it: variety in menu items, healthier options, attractive presentation, correct temperature of food served, and fresh and tasty food. The two most significant contributors of customer satisfaction and intentions are the taste and presentation of food. Therefore, to maintain quality, there is a need for implementation of qualitystandardsforrawingredients in the purchase specifications, HACCP regulated receiving systems, proper condition of storing systems, maintenance of storage record, stock movement, price, PAR levels, quality,quantity,recordof delivery, conditionofpackaging, temperature. There is also the requirement of processing systems that take care of forecast volume, recipe standards, standard of quantitiesreceivedfrommajoringredients, size of meal portions and specification of utensils used (Llach et al., 2013). The element of service quality consists of customers and is intangible in nature. The SERVQAL method was developed to calculate the gaps existing between the customer expectations and the service offered. Other than SERVQAL, there is also DINSERVandLODGSERV. The determinants of service quality include tangibility, reliability, competency, approachability, responsiveness, courtesy, assurance, effective communication, empathy and security. The behaviour involving loyalty and repurchase depends on the customer orientation, relationship benefits, quality of food and communication (Gagi?, Teanovi? Jovi?i?, 2013). References Davis, B., Lockwood, A., Pantelidis, I., Alcott, P. (2013).Food and beverage management. Routledge. Gagi?, S., Teanovi?, D., Jovi?i?, A. (2013). The vital components of restaurant quality that affect guest satisfaction.Tourism,17(4), 166-176. Llach, J., Perramon, J., del Mar Alonso-Almeida, M., Bagur-Femenas, L. (2013). Joint impact of quality and environmental practices on firm performance in small service businesses: An empirical study of restaurants.Journal of Cleaner Production,44, 96-104. Wang, C. H., Chen, K. Y., Chen, S. C. (2012). Total quality management, market orientation and hotel performance: The moderating effects of external environmental factors.International Journal of Hospitality Management,31(1), 119-129.

Thursday, November 28, 2019

Charge of the Light Brigade Essay Example

Charge of the Light Brigade Paper The main point in time which has affected the evolution of views expressed through poetry about war was the First World War or the great war, in 1914, the war to end all wars. One poem written before this time was The Charge of the Light Brigade by Alfred Tennyson. The use of rhythm is particularly noticeable, which is demonstrated by the first two lines, half a league, half a league, half a league onward, which has a strong rhythmical sense of repetition. This gives the effect of the rhythm of horses surging forwards, portraying a sense of excitement, energy and drama. This is ironic due to the number of people killed during the act. This strong rhythmical pattern is repeated throughout the poem, which gives the reader a sense of urgency and continuation. Tennyson suggests an incomplete positive opinion about the charge with the line some one had blundered, which hints that the mass death incurred was unnecessary; however, it is then used instead to demonstrate the bravery of the soldiers as chivalrous knights. This depiction of medieval drama is then used again in the line boldly they rode and well, which portrays the soldiers as knights from medieval times. This heightens the feeling of glory and honour, nullifying the tragedy of such a large amount of death . The images of drama and excitement are featured throughout the poem, such as in the line, volleyed and thundered; stormed at with shot and shell, which provides a dramatic visualization of the charge itself, still conveying an underlying feeling of excitement and action. We will write a custom essay sample on Charge of the Light Brigade specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Charge of the Light Brigade specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Charge of the Light Brigade specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The use of combined onomatopoeia and alliteration of the aggressive st and sh syllables gives a cacophony of loud and exciting noises adding to the excitement and drawing the readers attention away from the death. These emotions are extended to include the chivalrous ideals of duty and bravery in the lines, theirs but to do and die, and, when can their glory fade, which denote a sensation of bravery and heroism, which are the key ideas shown in many of the pre-1914 poems. These ideas are shown also in the speech from Henry V by Shakespeare. In this speech the King is urging his soldiers to fight, which he does by instilling a sense of elitism and superiority in them, such as in the first line where he refers to them as dear friends. This shows equality between the soldiers and the King and raises their status to a personal level. The speech uses very powerful language in order to persuade his point, such as but when the blast of war blows in our ears, which uses the very powerful, plosive b sounds to show authority and inspire confidence. This is done again in the repeated comparison to fierce predators, for example then imitate the action of a tiger, stiffen the sinews, summon up the blood, which likens them to aggressive tigers. This simile is effective because the soldiers are encouraged to share the power and success of a hunting tiger, which elates their confidence emotionally and intellectually in preparation to attack. The soldiers are then made stronger and more elite still with the apparent transformation into cold metal weapons, shown in the line let it pry through the portage of the head like the brass canon, which suggests the eyes have become cannons. This is effective because cannons have no sense of emotion or loss and used simply for the task of destruction without deviation from their purpose. Another belief encouraged by the King is the feeling of patriotism, as used in the phrase you noblest English, which refers back to the sense of elitism but combines it with a feeling of national pride through the use of noblest as its superlative form. This is completely contrasting to the views expressed by Wilfred Owen in his poems, such as Anthem for Doomed Youth. In the first line there is a very powerful use of the word cattle, which suggests a mass indiscriminate slaughter, reducing humans to pointless fodder-like material. The cattle is a mass, similar to that spoken to by Henry V. Their death as cattle is the tragic result to King Henrys inspiration. In contrast to the glory and splendour perceived by charge of the light brigade the word cattle suggests mundane and dullness. This banal image shows Owens extreme anger towards the war. Owen then uses personification in the line monstrous anger of the guns, to portray the guns as if they were living and feeling emotions, thus worsening their appearance to the reader. This personification as a monster is similar to that used by Tennyson in charge of the light brigade, in the line into the jaws of death, which both have the connotations of being unstoppable and terrifying. The use of the alliterated r in the line rifles rapid rattle reflects the speed of the machine gun fire, which builds on the point of massive amounts of indiscriminate death. Owen uses the visual and aural images involved in funerals to progress the poem to an emotional stage with the line save the choirs which suggests a momentary chance of actual recognition for the soldiers, but this is then replaced by the shrill, demented choirs of wailing shells, which have very powerful emotional nuances, such as the act of unstoppable crying at a moment of intense grief for wailing. The word shrill implies a high pitched and dissonant cacophony of ugly sounds, and demented suggests uncontrollable chaos. This collection of imagery is used to very powerful effect in providing the reader with an emotional insight into the reality of the consequences of war. Further on, Owen uses religious concepts to provide imagery, in the line, what candles shall be held, with the images of light, peace and life after death associated with the word candle. The idea of associating religion with war was also used in the poem to the others by Katherine Tynan, in which she talks about the Holy War. However, in comparing the war to crusades she glamorizes and justifies it, which contrasts to Owens ideas. In comparison, Rupert Brooke also used religion in his poem, peace. He begins the poem with the words God be thanked, as a result of them being sent to war. Like Tynan, Brooke justifies war in describing it as a service to God. The rest of this poem shows similarities to other pro-war poems, such as in the line with hand made sure, clear eye, and sharpened power, which is similar to the predatory similes used in Henry V. Furthermore, the line caught our youth, and wakened us from sleeping, is similar to the line waiting dreams are satisfied, from the volunteer by Herbert Asquith. In both these poems the concept of the war as a vital break and source of relief from the tedium of normal life is used, again contrasting with Owen. In addition, Owen adds to the funeral imagery with the lines the pallor of girls brows shall be their pall; their flowers the tenderness of patient minds, pallor suggesting pale skin as opposed to the rosy skin that was standard. This shows the huge grief that they suffered, which is also demonstrated by the word patient. Their grief and thoughts of the soldiers killed are acting symbolically as the cloth over their coffin, which shows that there no other form of recognition for the millions of dead. Furthermore, Owen again expresses his anger at the war in another of his poems, Dulce et Decorum est, which means it is sweet and fitting. This phrase is derived from a longer Latin sentence which means it is sweet and fitting to die for your country. At first, this appears ironically positive, but as the poem progresses it becomes apparent that it is not. The first line uses the words bent double, like old beggars, which suggests that they are struggling to hold their own weight and walking in an unmilitary style as if they had been broken. The use of the word beggars suggests unkempt, incapacitated and dependency which evoke sympathy in the reader. In addition, Owen also compares the soldiers as coughing like hags, which signifies unhealthy, unhygienic conditions and an image of further decrepit weakness. The use of continued enjambment throughout the first section gives a feeling of incredibly slow speed and a sense of time dragging on slowly with the men barley even managing to walk. This is particularly effective because it conveys to the reader the torture that the men were suffering. Suddenly, Owen introduces a shouted inchoate exclamation, in the line Gas! Gas! Quick boys! , which shows a dramatic recreation for the reader of the events which occurred. This is followed by a temporary pause of relief, which is followed by the line but someone was still yelling and fumbling, which portrays the agony of incompetent movement. The use of three ss shows urgency because of the repetition, which is significant because it depicts the excruciating exigency to fit their helmets in time. In the final section, Owen directs his criticism towards pro-war poets, specifically Jessie Pope, whom he hated for the excitement she instigated through her ignorance. It ends with the lines from which the title was derived, described as the old lie, which refers to nineteenth centaury poetry, e. g. Henry V, because of the word old. By referring to it as a lie, he is attacking these poems, which not only explains the irony of the poems title, but also reinforces Owens position of communicating the realties of trench warfare. In conclusion, the tradition of war poetry has evolved as the publics awareness of its realities gas changed. One of the poets who actively developed war poetry after 1914 was Wilfred Owen, who passionately hated the way in which war was glamorised and made to appear exciting and honourable. His poetry was contrasting to the majority of pre-1914 poetry, but is now the most widely recognized and remembered.

Monday, November 25, 2019

Ethical Use of Computer essays

Ethical Use of Computer essays 1) Technological realism is the position that even though technology has a force of its own, it is not independent of political and social forces. It is a fact that advances in technology have made significant impact on our perceptions and how we interact with each other. The impact of the cellular phone and electronic mail has meant that in theory there is no boundary to communication and where separated by space and time there are no barriers to communication. The advancement of electronic commerce has even had significant impact on retailing and merchandising. However even though technology has impacted our social and political reality, we are not locked into an inescapable mould and this said, technology is impacted up by social and political norms. Fact in point, technological advancement, is still a mater of choice,; it is up to the individual to chose to use a cell phone, the internet or even interactive voice mail systems, and it is this expression of need by the market (popu lation) that drives technology advancement and is the life-blood of the very existence of technology. A fact that supports the thinking that the forces of technology are directed by human needs, wants and culture and is not an independent force which is insular and us humans cannot penetrate or fashion. It is therefore my belief that technology provides significant advantages and in many cases cost-reductions, but how much technology impacts an individual or a society is much a fact of individual need and government policy or political 2) In his discourse Code and Other Laws of Cyberspace, Larry Lessig postulates that we are subject to the same constraints that govern normal human social behaviour. He identifies the regulators in real space as follows: a. Laws : established rules defined by government which if broken are punishable by established sanctions (e.g. . fines for speeding or breaki ...

Thursday, November 21, 2019

CASE STUDY ANALYSIS Essay Example | Topics and Well Written Essays - 1000 words

CASE STUDY ANALYSIS - Essay Example he brains behind the business including the friends of Holly Tucker and Sophie Cornish have had a wealth of experience in marketing and the media industry, having worked with big brands including the top five advertising agencies, major magazine houses, the Boots and L’Oreal. This must have injected a lot of skills and knowledge into the business successfully making it one of the awards winning online market places whose popularity cannot be overemphasized across the globe. The reputation of these brains has gone unchallenged. It follows then that they must have contributed immensely to the success of the business (Press release, 2010). The fact that the business has a variety of products ranging from garden to gourmet, bracelets to handbags, lingerie to linen, cushions to kid’s clothes, and scarves to stationery has also contributed a great deal to the success of the business. Furthermore these products are originally made (Gilmour, Matthews & Holden, 2011, p.103). This has boosted the business attracting customers from across the globe. Indeed, fantastic is the word to describe the products. People love beautiful things; they want to be associated with such fantastic products. These products are found in notonthehighstreet.com. As such people come flowing for the products that are largely seen to enhance their individual happiness and social well being. Another factor that is likely to have contributed to the success of this high profile business is the early realization of the importance of the modern information and communication technologies. The business has significantly taken advantage of the modern technologies thereby enhancing its marketing. The use of the internet for the promotion of the services, online marketing is a fundamental tool that this business has used to get to the point where it is. Companies like notonthehighstreet.com are likely to face certain challenges especially during the first years of operation. One of such major

Wednesday, November 20, 2019

Behaviorism Essay Example | Topics and Well Written Essays - 1000 words

Behaviorism - Essay Example To this end, behaviorism or behavioral psychology is based on the notion the all behaviors resulted from conditioning. This condition process manifests itself through an active environmental interaction. Thus, the implication connoted by behaviorist is that environmental stimuli responses determine behavior. In the development of behaviorism, notable scientists such as Ivan Pavlov, John B. Watson and Albert Bandura played critical roles. Pavlonian Classical Conditioning In retracing the history of behaviorism, the renowned physiologist, Ivan Pavlov is credited with pioneering the classical or pavlonian conditioning. Evidently, the classical conditioning was arrived at accidently. It was during Ivan Pavlov’s scientific experimentation with dogs that the fundamentals of classical conditioning began to take root. Pavlov was observing at the physiological response of salivation in dogs when subjected to feeding. Evidently, whenever Pavlov approached the dogs, they would incidental ly begin salivating. Interestingly enough, this phenomenon was constant whether Pavlov was bringing them food or not (McLeod, 2007). At this juncture, Pavlov developed an initial theory that there existed some things that are not essentially learnt by dogs. A case in point was the salivating response in which the reflex is naturally fixated in the dog. Thus, he termed the phenomenon as an unconditioned response. An unconditioned response is basically a stimuli reflex that is disassociated from learning. To this end, Pavlov scientifically discovered the presence of an unconditioned reflex by showing a dog some food and proceeding to measure its amount of salivary excretions. However, it is of essence to note that Pavlov discovered that the dogs had developed a new characteristic whereby they associated his lab assistant with. Evidently, the salivating increased whenever the dogs saw his lab assistant. Previously, the did not exhibit this behavior with his lab assistant. Consequently, Ivan Pavlov concluded that this newly acquired behavior must have been learnt by the dogs. The dogs had developed the behavior of associating his lab assistant with food; which would instantly trigger increased salivation. To this end, Pavlov believed that a learning process by the dogs had led to the newly acquired behavior. The behaviorist fundamentals show that the lab assistant was previously a neutral stimulus. The neutrality state is justifiable due to the lack of a response. However, over time the dogs had learnt to associate the lab assistant (neutral stimuli) with food (unconditioned stimulus). In order to ascertain this theory, Pavlov incorporated a bell to be used as a neutral stimulus. Incidentally, the bell was rang at around the same time when the dogs were about to be fed. This procedure was repeated several times until whenever the bell was rang on its own without food, it triggered an instantaneous salivation from the dogs. As a result, the dogs had learnt a new be havior by developing an intricate relationship between the food and the bell. This response is what became termed as a conditioned response due to the fact that it was learnt. Moreover, the neutral stimulus from henceforth changed to a conditioned stimulus. Classical Conditioning John B. Watson is credited with publishing the article entitled, ‘Psychology as the behaviorist views it’ In the article, Watson demonstrated all the fundamentals of human psychology by the use of classical conditioning. It is of essence to note that Watson’s conditioning perspective drew inspiration from Pavlov’s observations. To this end, Watson theorized that the aspects of human emotional responses and speech were basically derivatives of stimulus and response. Interestingly enough, Watson was in

Monday, November 18, 2019

United States Museum of Holocaust Memorial Case Study

United States Museum of Holocaust Memorial - Case Study Example The figures that the museum has had twenty-five million visitors to date and most impressive and encouragingly eight million of them were children bears testimony to the fact the memorial has been able to hit the nail on the head and it has been able to penetrate what can be called in marketing terminology as the 'School Children' market but most importantly this market has not been penetrated for the profit sake but this time for humanity sake as making these little minds aware of these historical mistakes gives us the best chance to prevent us from repeating these catastrophically annihilating mistakes for the future to come. The Museum's primary mission is to advance and disseminate knowledge about this unprecedented tragedy; to preserve the memory of those who suffered, and to encourage its visitors to reflect upon the moral questions raised by the events of the Holocaust as well as their own responsibilities as citizens of a democracy.The USHMMs primary goal has been to involve sectors of a democratic society which could learn from what the museum has to offer and work for a better society. Visitors ranging from Law enforcement officials to teachers, students and judges visit United States Holocaust Memorial Museum are of noticeable prospective as their role in the society is of unmatched significance. The figures of program participation reveal to us how touchy and significance this topic of Holocaust is to most people in National Service which nevertheless is really encouraging. 1 The following figures suggest the responsibility being felt around the Police officers and the FBI: more than 32,000 police officers and recruits; 7,000 FBI agents. Judges: 300 Maryland State Judges and similar programs for the New York and Illinois benches. Naval Academy: All plebes visit the Museum, approximately 1,200 annually. West Point: Nearly 200 cadets tour the Museum each year.

Friday, November 15, 2019

Privity of Contract Reform

Privity of Contract Reform It is important to emphasise that, while our proposed reforms will give some third parties the right to enforce contracts, there will remain many contracts where a third party stands to benefit and yet will not have a right of enforceability In 1996, the Law Commission published Privity of Contract: Contract for the Benefit of Third Parties. The proposals set out in this report were later legislated on the basis of, in the Contracts (Rights of Third Parties) Act 1999. The aim of this legislation was fundamentally to alter the law in relation to the concept of privity of contract, in order to grant third parties who were not parties to the original contract certain rights. The doctrine of privity of contract will be considered, and the effect on this of the C(RTP)A will be analysed. Finally, some consideration will be given to the question of whether the legislation has gone far enough in reforming the law of privity. It has historically been a fundamental and central principle of contract law in England and Wales that only the actual parties to a contract can have either contractual rights or duties conferred upon them. This was established at common law in the case of Tweddle v Atkinson (1861). The doctrine was confirmed in the early twentieth century in the case of Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd (1915). It is important at the outset to distinguish the doctrine of privity of contract from the possibility of a third party enforcing a collateral contract. These are quite distinct scenarios. Under the first (historically), the third party had no right to claim rights, nor to be held liable for the performance of contractual duties. In the second scenario, as was established at common law in the case of Shanklin Pier v Detel Products Ltd (1951), an actual contract might be found to exist between the third party and one of the parties to the contract. It is the former of the two situations with which the C(RTP)A 1999 is concerned. The two interests (as defined by McKendrick) which a third party can have in a contract to which he is not a party are both whether or not he can acquire rights under that contract, and whether or not the contract in question can impose any liabilities or obligations on him.[1] The most significant impact on this area was that of the C(RTP)A, which Trietel describes as ‘the most significant doctrinal development in English contract law in the twentieth century.’[2] What, then, is the purpose of privity of contract? It is, rather obviously, to do with the perceived injustice of imposing rights or obligations as between two parties who have had no dealing, at least no contractual dealing. It is clear that if X and Y enter a contractually binding agreement, Y has not made any agreement with Z, and therefore there is no rationale for entitling Z to take enforcement action against Y. The justification for the doctrine flows from the fact that contractual obligations, unlike tortious ones, are voluntary.[3] As Ibbetson states, the ‘rule that a third party could not enforce rights arising under a contract has been a feature of English law since at least the thirteenth century.’[4] The distinction between the acquisition of third party rights and obligations in contracts and other exceptions to privity of contract has already been mentioned. These exceptions can be expanded beyond collateral contracts (as seen in Shanklin Pier v Detel Prod ucts Ltd (1951)), to include a trust of a contractual right, whereby a ‘right may be transferred by way of property, as, for example, under a trust’[5]; the assignment of contractual rights to a third party (as in, for example, Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd (1994)); in cases of agency, where the agent is acting on his principal’s behalf, with the full authority of that principle, and concludes a contract (following Wakefield v Duckworth (1915), where the agent was operating within his authority, he ‘drops out of the picture and the contract is between the principal and the other contracting party); and cases where a claimant who is a third party suffers loss because of the negligent performance of the contract by a contracting party, as in the classic case Donoghue v Stevenson (1932). The doctrine of privity, then, was a foundational principle of English contract law until the advent of the Law Commission’s report in 1996. The opening quotation, taken from that report, explicitly seeks to limit the implications of the reforms that would later find their way into the C(RTP)A 1999, and the consideration above of the centrality of the doctrine of privity to contract law generally, shows why these limitations were considered necessary. What is the impact on this doctrine of the C(RTP)A, and does this do enough to reform the law on privity? The C(RTP)A states that ‘subject to the provisions of this Act, a person who is not a party to a contract may in his own right enforce a term of the contract if the contract expressly provides that he may †¦ or the term purports to confer a benefit on him.’ Furthermore, ‘the third party must be expressly identified in the contract by name, of a member of a class or as answering to a particular description but need not be in existence when the contract is entered into.’[6] There are, then, two separate tests for enforceability. The first test is described by Burrows as the ‘simplest’, and so it is; it is a simple question of fact whether the contract expresses the third party may enforce a term of it.[7] An example of this explicit authorisation of the third party to enforce a term of the contract is where the contract states ‘X [the third party] shall have the right to enforce the following terms of the contract†¦Ã¢â‚¬â„¢ The pro vision under this section is less restrictive than it might be because of the implications of section 1(3) which complements it, stating that the third party does not need to be named; it is sufficient for the third party to be the member of an identified class. The second test of enforceability under the Act is, again in the words of Burrows, is concerned with the ‘implied’ conferral of rights on third parties (as opposed to the express conferral discussed above).[8] The reasoning behind including this second test for enforceability can be broken down into 3 key areas. The first concerns the issue of implied rights in contracts, brought into the contract by implied terms. It is considered that to limit third party rights is akin to restricting implied terms. In other words, the parties’ intentions are not always their express intentions. The same can apply to third parties. The second area of justification for implied third party rights revolves around the uselessness of a reform confined to an express conferral of rights, unless the contracting parties included some ‘magic formula’ in the agreement so as to fall within the scope of the first test.[9] Cases where third parties would be unaffected by the C(RT P)A 1999 if the reform was confined to expressly mentioned third parties include Beswick v Beswick (1968), in which A contracted with B to pay money to C; and Trident General Insurance Co Ltd v McNiece Bro (1988), in which liability insurance was taken out to protect third parties to the contract. Finally, the implied conferral of rights on third parties has been justified by the fact that the aforementioned ‘magic formula’ will only be used in informed, well drafted contracts, which many will not be, particularly in the consumer sphere where good legal advice is not affordable. Do these two tests reflect the spirit of the opening quotation? It can certainly be seen how these two tests of enforceability have altered the doctrine of privity substantially, and in particular the second test of enforceability relating to implied third party rights. The Law Commission’s statement, however, suggests a balance, between maintaining privity for many contracts, and allowing third party rights in others. This balance can be seen to be aimed for by the existence of a rebuttable presumption of intention inherent in the second test of enforceability. This rebuttable presumption attains a further balance, between a sufficient degree of certainty between contracting parties, and sufficient flexibility. This flexibility was required in order for the C(RTP)A 1999 to apply to the potentially huge range of contracts for which it was intended. The presumption is set up by asking the question ‘when are the parties likely to have intended to confer a right on a third party to confer a term?’ If the answer is ‘where the term purports to confer a benefit on the expressly identified third party’, then the presumption is raised.[10] This, of course, can be rebutted by the ordinary contractual interpretation of an indication that the parties did not intend this. The balance can be seen to have been aimed for, at least, in the two tests of enforceability in the C(RTP)A 1999. An illustration of how the tests would be applied to decided cases is offered by Trietel, who identifies the case of Jackson v Horizon Holidays (1975) as falling within the scope of the second test under section 1(1)(b). He observes that ‘if the person making the booking [for a holiday on behalf of a third party] supplied the names of the other members of the family when the contract was made, those other members would probably acquire rights under subsection 1(1).; but no such rights are likely to be acquired if a person simply rented a holiday cottage without giving any information as to the number or names of the persons with whom he proposed to share the accommodation.’[11] This, then, can be seen to be a limitation to the effect of the reform legislation. It is suggested by McKendrick that section 1 simply gives the contracting parties an incentive to make their intention clear, which, again, returns to the issue mentioned above about the need for well-drafted contr acts.[12] The C(RTP)A 1999 is a highly significant piece of reform legislation, which fundamentally alters a central doctrine of English contract law. It can be seen to represent the superiority of the doctrine of freedom of contract over that of privity of contract. The significance of the Act is that while it maintains the previous exceptions to privity of contract, contracting parties will probably make increasing use of the Act rather than these, as a matter of certainty. The effect of the Act is somewhat limited, however, by the continuing requirement of clarity in the construction of the contract, whereby a presumption of an intention to confer rights on a third party can be rebutted. The effect of this, however, is simply to encourage a clarity of intention on the part of the contracting parties. BIBLIOGRAPHY Statutes Contracts (Rights of Third Parties) Act 1999 Cases Beswick v Beswick [1968] AC 58 Donoghue v Stevenson [1932] AC 562 Dunlop Pneumatic Tyre Co Ltd v Selfridge and Co Ltd [1915] AC 847 Jackson v Horizon Holidays [1975] 1 WLR 1468 Linden Gardens Trust Ltd v Lenesta Sludge Disposals Ltd [1994] 1 AC 85 Shanklin Pier v Detel Products Ltd [1951] 2 All ER 471 Trident General Insurance Co Ltd v McNiece Bro (1988) 165 CLR 107 Tweddle v Atkinson [1861 – 1873] All ER Rep 369 Wakefield v Duckworth [1915] 1 KB 218 Secondary sources Burrows, A. (2000) ‘The Contracts (Rights of Third Parties) Act and its Implications for Commercial Contracts (LMCLQ 540) Ibbetson, D. (1999) A Historical Introduction to the Law of Obligations (Oxford: OUP) Law Commission (1996) Privity of Contract: Contract for the Benefit of Third Parties (Law Comm 242) McKendrick, E. (2003) Contract Law: Text, Cases and Materials (Oxford: OUP) Smith, S.A. (1997) ‘Contracts for the Benefit of Third Parties: In Defence of the Third-Party Rule’, 7 OJLS 643 Trietel, G.H. (1999) The Law of Contract, 10th Edition (London: Sweet Maxwell) Trietel, G.H. (2002) Some Landmarks of Twentieth Century Contract Law (Oxford: OUP) Footnotes [1] McKendrick, E. (2003) Contract Law: Text, Cases and Materials (Oxford: OUP), p1140 [2] Trietel, P. (2002) Some Landmarks of Twentieth Century Contract Law (Oxford: OUP), p47 [3] See Smith, S.A. (1997) ‘Contracts for the Benefit of Third Parties: In Defence of the Third-Party Rule’, 7 OJLS 643, p645 [4] Ibbetson, D. (1999) A Historical Introduction to the Law of Obligations (Oxford: OUP), p241 [5] Per Viscount Haldane in Dunlop Pneumatic Tyre Co Lt v Selfridge and Co Ltd (1915) [6] C(RTP)A 1999, ss1(1)(a),1(1)(b) and 1(3) [7] Burrows, A. (2000) ‘The Contracts (Rights of Third Parties) Act and its Implications for Commercial Contracts (LMCLQ 540), p542 [8] Ibid [9] Ibid [10] Ibid, p543 [11] Trietel, G.H. (1999) The Law of Contract, 10th Edition (London: Sweet Maxwell), p603 [12] McKendrick (2003), p1212

Wednesday, November 13, 2019

kafka Essay -- essays research papers

Mistreatment from the 1800’s is Still Reflected in Modern Day Society   Ã‚  Ã‚  Ã‚  Ã‚  Ã¢â‚¬Å"The father’s explanations were to some extent the first pleasant news that Gregor got to hear since his imprisonment.† (p. 1654) In the story The Metamorphosis, by Franz Kafka, the character Gregor undergoes a metamorphosis into an insect and experiences what it’s like to feel imprisoned and mistreated within his own home. Throughout the story he continuously is mistreated by his family and sadly still reflects modern day families and society.   Ã‚  Ã‚  Ã‚  Ã‚  Gregor family consisted of his father, his mother and his sister Grete. Before Gregor had turn into an insect he was the main provider of income and covered all expenditures for his family. Gregor was the only person that worked in his family and was a traveling salesman. Therefore, his parents and sister stayed at home and did nothing while Gregor worked everyday. Kafka describes Gregor’s father as having an â€Å"†¦unsuccessful life† and â€Å"he had grown very fat, becoming rather clumsy.†(p. 1655). His father at one point owned his own business but it had collapsed five years earlier from the day of Gregors transformation. However his father still remained to have a strong sense for business. His mother was lazy and found to be less intelligent then the rest of the family. She also was not working. Kafka states, And perhaps the old mother go to work-she, who suffered from asthma, who found it strenuous just walking through the apartment, and who spent every other day on the sofa grasping for air by the open window? (p.1655). His sister was seventeen, kind to Gregor, beautiful, and musical. She played the violin. Grete soon took over as head of the house hold when Gregor turned into an insect.   Ã‚  Ã‚  Ã‚  Ã‚   With Gregor’s transformation thus brings about the problem of who’s going to now provide for the family. This problem then brings upon mistreatment towards Gregor. Many times throughout the story he is forgotten about, attacked, and made to feel dehumanized and no longer apart of the family. In the beginning of his transformation Grete is the only one who takes care of Gregor. She feeds him twice a day and tries to make sure his food is of his liking. His mother in the beginning seems to still care for him but however, cannot bear to look at him or enter the room. The fat... ...ought about others and truly cared about others happiness. However many times he felts pressured by his family to work and feels that helpless and guilty when he can no longer provide for his family. To me this is way he transforms, because he is so pressured he fears it so much that it’s almost like he willed it to happen. I feel this could have all been avoided. I feel that Gregor should have left his family and started his own life and paid for his own bills. His family did not appreciate him and all that he provided for them so there was no need to put himself under that kind of pressure.   Ã‚  Ã‚  Ã‚  Ã‚  I felt The Metamorphosis, by Franz Kafka, proved to be an excellent science fiction writer through the use of details. â€Å"His many legs, wretchedly thin compared to his overall girth, danced helplessly before his eyes† (p. 1641); this is just one of many example that Kafka uses detail to help the reader visualize Gregor as an insect.   Ã‚  Ã‚  Ã‚  Ã‚  Overall this story provides ideas and activities of society during the late 1800’s and modern day life still today. Because of pressure from society and our families we tend to mistreat those around us.