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Wednesday, July 31, 2019

1776 Reading Review

Katie Cohen Ms. Kenny AP US History, Period 5 15 August 2012 Summer Reading Assignment David McCullough’s 1776 is an insightful and honest account of America’s first war; the Revolutionary war. In the book, David McCullough describes events and skirmishes that led up to the independence of the United States of America and the events that followed it. The book primarily focuses on the military aspects of the revolutionary war. The variety of firsthand account, quotes, and perspectives of both the Americans and the British make 1776 an extremely well crafted story made up of firsthand facts.To some 1776 may not be enjoyable or engaging, however, it is very precise and descriptive. David McCullough does an exceptional job of explaining the Independence of America in a way that does not bore the audience like most historical biographies do. Although it is clear from the beginning that David McCullough intentionally portrays America as the hero of the book, he allows the rea der to identify with the British and even the king of Britain at the time as well. Honest and unbiased accounts are given towards both the Americans as well as the British.Many candid and liberal accounts of the British and the Americans as put forward throughout the book. With much detail, David McCullough illustrates King George’s reaction to the rebellious American colonists as they begin to organize for freedom in the first chapter. He does not shed light on George Washington as a superior and more competent general than Howe. Both American and British forces are described in times of brilliance, luck, disappointment and shame. Not only is David McCullough unbiased, but he gives many in depth descriptions of his characters.The reader is able to become familiar with the characteristics, physical appearances, and biases of a majority of the characters. Joseph Reed is described as â€Å"a young man with a long jaw and a somewhat quizzical look in his eyes (44),† and J ames Grant, â€Å"a grossly fat, highly opinionated scot (71). † The descriptions of characters range from the British generals, to the American traitors. They make the book understandable and complex. Overall, 1776 is an enjoyable read, however, it could have focused more on he Declaration of Independence and the effects the war had on Great Britain. McCullough delivers the history as a story, while maintaining the attention of his audience. The usage of imagery is tremendous with few exceptions; all of the events were illustrated vividly. Quotes of the people who participated in the war are probably the most intriguing aspects of this book. I, personally, would recommend this book because it is intriguing and an easy way to learn essential information about the country in which we live in effectively.

Critical Thinking Paul and Elder

Without reading the assigned chapter, and just looking at the stages of development of critical thinking, I immediately labeled myself as a practicing thinker. However, after reading chapter two of Paul and Elder Critical Thinking, I realized I was not even close to being a practicing thinker. Paul and Elder list these stages: Stage One: The Unreflective Thinker (we are unaware of significant problems in our thinking) Stage Two: The Challenged Thinker (we become aware of problems in our thinking) Stage Three: The Beginning Thinker (we try to improve but without regular practice) Stage Four: The Practicing Thinker (we recognize the necessity of regular practice) Stage Five: The Advanced Thinker (we advance in accordance with our practice) Stage Six: The Master Thinker (skilled and insightful thinking become second nature to us) Difficult as it was to admit, I was compelled to place my critical thinking ability at stage one: The unreflective thinker. Prior to reading this chapter, I was not aware of any significant problems in my thinking. I did not realize that I was continually making assumptions, forming concepts, drawing inferences, and thinking within points of view. My judgment of people as bad or good, based on my moral upbringing, further confirmed me as the unreflective thinker. Also, never having seriously questioned my thinking or its implications. Having made the decision to grow and develop as a thinker, my goals now include, making better decision through critical thinking and creative problem solving, and presenting my ideas clearly and concisely. I also realize that critical thinking is a skill that is learned and requires practice. Having these realizations, I can now move on to the Challenged Thinker stage. Paul and Elder note that â€Å"we have great capacity. But most of it is dormant; most is undeveloped. Improvement in thinking is like improvement in basketball, in ballet, or in playing the saxophone. It is unlikely to take place in the absence of a conscious commitment to learn. As long as we take our thinking for granted, we don’t do the work required for improvement. †

Tuesday, July 30, 2019

Prayer in School Essay

John Knox Press, 1996. 45-218. In this book the author gives an epic description of the controversy surrounding the debate on prayer in public schools. It touches on the legal aspects as well as the interpretation of among other articles the first amendment. Alley uses history and preceding events to bring out his argument against prayer in public schools terming the practice as an abuse and harassment of the minority by the majority who are keen on imposing their own definition of faith. He asserts that the law on first amendment religion issues has adequately and consistently clarified the differences that exist between church and state. He cited some cases such as Barnette, McCollum, Everson, Engel and Schempp to mention but a few as having set precedence thus preventing future conflict. However, one reads anti Christianity overtones which bring up the question of objectivity due to his obvious bias. He has successfully presented one side of the debate with a personal tone. The book strongly opines that any form of religious inclinations in public schools is incompatible with the constitution as well as with the principle of democracy. Murray, J. William. Let us pray: A plea for prayer in our school. New York: William Morrow & Co, 1995. 11-97. In the first pages of his interesting book, Murray tells of his atheist past that was directed by his mother Madalyn Murray and how he, as a 14 year old was a plaintiff against the Baltimore School system. The suit led to the Supreme Court’s decision that outlawed public school prayer and bible reading. Murray later converts to Christianity and embarks on a mission aimed at undoing the ‘damage’ done by his past. He becomes a strong proponent of prayer in Schools arguing that this is the one way of rooting out the moral decay in the society. Among other arguments, he presents the debate as conflicting discomforts. ‘The discomfort of minority faiths or nonbelievers at hearing prayer in school versus the discomfort of Protestant Christians at being prohibited from public prayer’. He allows that the drafters of the constitution are misinterpreted by those who claim that they intended to eradicate prayer from public institutions. Rather, he cites influential figures such as John Locke and Tocqueville as strong believers in the value of prayer in providing positive guidance to the society. His recommendations are however weak since the freedom he seeks could be confused with what is provided for in the constitution. Again the founding fathers he cites are understood to have given us the current laws and so his enlisting them undermines his very argument. Cookson, Catharine. Regulating Religion: The Courts and the Free Exercise Clause. New York: Oxford University Press, 2000. 54, 67-75. In this book, Catherine Cookson delves into the issues of the law and the authority of state as laid down in the constitution on one hand and the obligations of conscience on the other. She embarks on a project to provide the solution for a recurrent problem. She examines the history of the Christian tradition as well as more contemporary political development of religious freedom (186). Her argument on the free exercise clause is vivid and thought provoking as she seeks the balance between the majority’s right to religious expression and public prayer and the minority’s discomfort arising from that kind of expression. U. S Department of Education. Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools. Available on-line at: http://www. ed. gov/policy/gen/guid/religionandschools/prayer_guidance. html Accessed on 12. 04. 07. This article deals with the legal aspect of the debate on prayer in schools. The article endeavors to provide information on the current state of the law concerning constitutionally protected prayer in the public schools, and therefore spell out the extent to which prayer in public schools is lawfully protected. The Case against School Prayer. Available online at: http://209. 85. 135. 104/search? q=cache:RTckL_PUwSEJ:ffrf. org/nontracts/schoolprayer. php+prayers+in+school&hl=en&ct=clnk&cd=1&gl=ke. Accessed on 12. 04. 07. In this article the author delves into the arguments against school prayer. The author advances the argument that prayers are private and yet there is nothing private about a public school. Therefore the two are incompatible and should not mix. He/She asserts that public schools cater for students with varying backgrounds and religious inclinations and they should not be subjected to rules that promote one form of religious expression. According to the author of the article, Public prayer leads to discrimination of the minority and a denial of their right to worship. The article refutes the claim that prayer in school has any value in checking societal excesses. The conclusion calls for total separation of church and state arguing that this is one way of preventing divisiveness in the society. Works Cited Campbell, Ted A. Christian Confessions: A Historical Introduction. Louisville, KY: Westminster John Knox Press, 1996. Questia. 12 Apr. 2007 . Cookson, Catharine. Regulating Religion: The Courts and the Free Exercise Clause. New York: Oxford University Press, 2000. Questia. 12 Apr. 2007 . Murray, J. William. Let us pray: A plea for prayer in our school. New York: William Morrow & Co, 1995. U. S Department of Education. Guidance on Constitutionally Protected Prayer in Public Elementary and Secondary Schools. Available on-line at: http://www.ed.gov/policy/gen/guid/religionandschools/prayer_guidance.html Accessed on 12.04.07

Monday, July 29, 2019

Complete Computer Network Infrastructure for a Real or Ficticious Research Paper

Complete Computer Network Infrastructure for a Real or Ficticious Business - Research Paper Example After defining the specification, we will address network devices along with switch and router deployment. Moreover, we will define all the associated servers that will play a vital role in synchronizing data with remote offices in this scenario. Furthermore, a proposed network diagram will be represented for each site i.e. site 1 and site 2. Sub netting will play a dominant role in breaking down global IP addresses into local IP addresses for each node on the network. For the WAN architecture, we will discuss the technologies, protocols and services that will be used for connecting these sites together. Moreover, for maintaining and monitoring the network, we will discuss network security features that will be implemented in this proposed network. The RADIUS access server will provide synchronization of data between both sites operating on a Virtual Private Network. In addition, Domain name Service will also be discussed. 2 Introduction Organizations associated with health care need s to acquire up to date technological trends in delivering patient care at the optimal level. Medical information systems developed for supporting health care, facilitate organizations to align with best practices and quality and to make these health organizations successful in the market. However, acquiring and maintaining computer networks can be a difficult task along with its alignment with the goals and objectives of the organization. Moreover, along with the alignment with organizational objectives, involvement of all stakeholders in the implementation of a network is vital for understanding the purpose and benefits. Likewise, customization of network design is a requirement for supporting organizational goals and objectives, which can be a complex task. 3 Network Architecture 3.1 Topology We will apply star topology, as the network design will follow a centralized server / client architecture. Star topology will provide centralized administration and configuration of all the nodes on the network. Moreover, star topology initiates low broadcasts on the network, consequently, consuming low bandwidth and at the same time making the network capacity on optimal levels. 3.2 Workstations The minimum hardware specifications of the workstations that will be installed in the current scenario are: System Specification Processor Intel Dual Core E5400 2.7GHZ (2MB cache – 800MHZ FSB) Motherboard Intel DG41RQ (LGA775-SND+AGP+GIGA LAN-800MHZ FSB) Memory 1GB DDRII (800 Bus) Hard drive 320GB 3.5" SATA-II 7200RPM Optical drive DVD Drive 16 X Chassis Thermal HT Support 3.3 Network devices Network devices are the objects for any network. The network functionality relies on the network devices .The dependability of the network devices emphasizes on the requirements of the organization. For example, an organization dealing with 3D animation and rich media may require a Gigabit Ethernet rather than Fast Ethernet. This is because the subordinates share the animated data among themselves for various purposes. The 3D animation contents are large in volume and require gigabit Ethernet for moving files at a high speed within the network. Hospitals may share high quality medical images with remote offices, resulting in a consideration of bandwidth requirement of the Internet or site to site VPN as well. 3.4 Switch Implementation Fast Ethernet switches will be implemented instead of hubs. Switches are more powerful and intuitive as compared to hubs.

Sunday, July 28, 2019

Organization Theory and Design Essay Example | Topics and Well Written Essays - 1000 words

Organization Theory and Design - Essay Example Furthermore, the use of shared information allows managers to do a significant job of opening up the communication channels in order to allow the flow of collective ideas. The sharing of information can supposedly be connected to the other elements within an organization such as task, structure, culture, and even strategy. In terms of structure, critical information concerning an organization has continuously been held by the top executives since Adam Smith’s time. Nevertheless, most organizations were also structured in a vertical manner in order to enhance the development of skills, as well as efficient productions. Such a form of authority provided a very sensible design for supervision and made it quite easier to enhance the level of control in large organizations (Cachon & Fisher, 2013). Strategies were meant to be formulated by the top management team before being imposed on the employees. To sum up, critical decisions related to how learning organizations respond to their competitors as well as efficient use of resources was enforced by executives. With shared information, every worker in a learning organization becomes a great contribut or to the success of the organization. A stakeholder is defined as any individual interested in the operation of an organization, as well as its financial aspects and prospects. Their interests can vary from one organization to the other. However, the biggest difference can be observed between for-profit and nonprofit organizations. For instance, stakeholders interested in a nonprofit organization would expect the managers to concentrate their efforts more on developing a lasting impact in the society, rather than making extraneous profit at the expense of the consumer (Moore, 2000). Thus, the expectations of the stakeholder would be to improve the quality of services offered to the nonpaying clients, instead of spending much capital in improving

Saturday, July 27, 2019

Organic is the solution Research Paper Example | Topics and Well Written Essays - 1000 words

Organic is the solution - Research Paper Example Over the years, consumer behavior has been observed that seeks low prices for food items as consumers spend more money frequently on food items as compared to any other product. This has created a huge demand for inorganic foods in the market. The purpose of this report is to provide useful information about the use and availability of organic food items. In this action research report, findings from a personal visit to Wal-Mart store are presented regarding availability and other factors affecting sale of organic foods. This would allow generalization of findings related to lower demand for organic foods and also, set out recommendations for boosting their consumption. A general understanding about organic foods is that they cost more than inorganic foods to purchase. There are several reasons for organic foods to be more expensive. These are not only related to the cost of production, but also to various factors, which indirectly affect production of organic foods. Limited availabi lity of land restricts supply, which causes rises in price. Low turnover per employee working on the farm results in higher costs of production. Limited supply has direct effect on the transportation and distribution costs (FAO). In the US, organic food producers are required to obtain a certificate from US Department of Agriculture, which is very expensive to attain. The pre-requisites of this certificate require producers to have new equipment and methods to ensure consumer safety and maintain the standards of quality (Canavari and Olson). This adds to the costs of producing organic foods. At Wal-Mart, the phenomenon of higher costs and pricing is observed. The data for different food items both organic and non-organic are compared and it is clear that for the same product the price of organically produced item is higher than that of non-organic foods. For example, at Wal-mart, Avocados-Hass (non-organic) is sold at a price of $0.99 per unit; whereas, the price of Avocados-Hass (o rganic) is $1.61 per unit. It has been noted that all food retailers including major supermarkets or corner shops display and sell inorganic foods with limited space provided for organic foods. The display of organic food items in the store plays an important role in attracting customers. Since, the consumer choice of organic items is limited therefore, it is important for retailers to invest in adjusting designs of their stores to display organic items clearly. All major retail markers have clearly designated areas for shelving organic items. Although, Wal-Mart has clearly placed signs for organic items, but genetically modified products are also shelved very near to organic food items, which often confuses consumers and they end buying products that are not organic. Moreover, there is a lack of marketing and advertisements of organic products in the store. In comparison, non-organic products and brands are displayed in visible areas of the store. There is a common agreement on the view that organic food items are beneficial for humans as they are free from industrial chemicals and preservatives, which increase the age of non-organic food items (Givens; Langley). However, there is a limitation to this as the shelf life of organic food items is short. Since, the supply of organic food items is slower as compared to the demand therefore it becomes difficult for stores to replenish their empty shelves. For retail stores, empty shelves are considered as their loss as unsatisfied customers shift to other retail

Friday, July 26, 2019

Achieving Competitive Advantage through Human Resource Strategy Essay

Achieving Competitive Advantage through Human Resource Strategy - Essay Example According to the research conducted by the Bureau of National Affairs for 2012-2013, seven out of ten (that is 69%) HR offices outsourced one activity, at a minimum, in 2012. The same 69% of the companies reported that an activity, once outsourced, was never returned to the in-house HR team. Therefore, the presented above trends raise a number of questions related to the reasons and results of HR function outsourcing in the organizational context. In today’s very competitive economy the reasons for taking some component of managing a business out of the organization should be very serious because a successful organization is the one that is effective and efficient in all of its business processes. For that reason, the goal of this paper is to research and analyse the concept of outsourcing an HR function and its benefits and barriers. This work will try to give a clear definition of what HR outsourcing is, what types of HR outsourcing there exist, and what particular component s of the HR function should or should not be outsourced. It will review how companies manage HR outsourcing and how beneficial it is for organizations to outsource HR activities in general. In order to fulfil all these tasks, it is important too, first of all, determine the concept of outsourcing itself. According to Norman (2009, p.2), â€Å"outsourcing is an important management practice† that means transferring implementation of some aspect of the business to a third party organization. A company may outsource, for instance, a business function, such as payroll, a manufacturing process or a part of business-supporting tasks, such as cleaning, mailing and so on. A very clear and precise definition of outsourcing is provided by Brown and Wilson (2005), who states that outsourcing is obtaining services from outside of the company.

Personal statemsent Essay Example | Topics and Well Written Essays - 1000 words

Personal statemsent - Essay Example Therefore, my intended goal is to pursue my professional career objectives of being a lawyer at SOAS; thus I intend to approach every situation with a positive attitude in order to create a better living environment. Since law course is appealing and offers real-life experiences in the society, I therefore, apply to join the Intermediate certificate course at SOAS because I want to increase my knowledge on law related issues. I took challenging subjects while in high school such as advanced placement physics, chemistry but I enjoyed art subjects too. However, I have always dreamt of accomplishing my future goals of attaining my professional carrier in the field of law in order to become a lawyer in the future. My future dream of attaining better law skills in order to become a successful lawyer can be traced from the case that arose in the society where two people involved in the criminal act but there was no better justice that was done. This inspired me that one day I will become a lawyer and provide justice where it is necessary and ensure that fairness or justice is always applied in the society. I know there are always challenges and it is not easy to handle some court cases; however, I wil l work hard in order to ensure that I fulfill the demanding needs of people in the society. SOAS ICC is a good learning environment especially for the international students who want to study for any undergraduate program. SOAS is good place to enable me achieve my academic goals because it offers better learning services for students who want to achieve their future dreams. Moreover, the combination of academic and language studies, which are directly connected to the materials covered in varied academic subjects, will enable me to achieve my intended academic objectives successfully. Studying in this institution will benefit me in diverse ways, hence, enabling me to achieve my objectives successfully; One

Thursday, July 25, 2019

Immigration Term Paper Example | Topics and Well Written Essays - 750 words

Immigration - Term Paper Example America is a country whose growth and development was greatly derived from immigrant communities most of which later became Americans. Immigration has equally been a source of social, cultural and political confrontations that have shaped America. Immigration is of great interest to me because of the immense role it plays in society both negatively and positively. In America, for instance, immigration has been incidental to the development of the country in several ways. Immigrants provided cheap labor during the industrial evolution and early development stages of the country. Furthermore, the assimilation of immigrant communities into the American society advanced the country’s diversity profile. Conflicts created by immigration often revolve around the perceived threat to a country’s culture by the immigrants who are torn between two cultures. Such a concern leads to strife between resident communities and immigrants though most of the conflicts are merely based on p erceptions. According to Carl (45-52) immigration is a social problem because of how it creates tensions and misunderstandings in society. Basically, immigration is a source of social strife pitting resident communities and immigrant communities most of which are based on culture and economic factors. ... Carl (79-81) further suggests that immigration has immense economic implications in society. Economically, immigrants are perceived as a challenge to materials and opportunities, therefore, creating competition for resources and jobs with local communities. Other considerations include crime whereby immigration is often linked to increased levels of crime in the society or sometimes the society may resort to crime as a way of articulating the immigration problem. Immigration has been subject to literary dialogue since time immemorial and many thinkers and scholars share their diverse opinion on the vast subject. Numerous scholars examine immigration in detail evaluating the nature of a problem it presents to society. In essence, immigration as a social problem has attracted the attention of numerous researchers, authors and scholars who examine the issue from different theoretical perspectives. Robert Sampson tackles the subject from a practical perspective by unearthing the recent c onflicts and issues emanating from immigration in the United States through which he presents the prevailing conflicts regarding immigration (Sampson 28-33). In his article, Rethinking Crime and Immigration, Robert Sampson reveals that immigration is indeed a social problem, and it greatly influences the society. The role played by immigration in the political discourse particularly in the political contests has been captured by the author in a very explicit manner capturing the real essence of immigration in America. Though the author specifically focuses on immigration as a social problem in the United States, it is evident that the predicament

Wednesday, July 24, 2019

Homework questions Essay Example | Topics and Well Written Essays - 500 words - 1

Homework questions - Essay Example Both parties, therefore, had the capacity to enter into the agreement. In the case, it is clear that all the obligations were met by the promise and the bargain is to be honored thereof. Sidway should respect the agreement and follow what Story had said. The issue here is whether a valid contract was written between the two parties in question and the suit entities on promissory estoppel theory. The theory explains that; if a person makes a false statement to another and the recipient relies on it in good faith and to his disadvantage, then the court treats the statement as a promise in order to provide justice. Medister, which is a real estate developer entered into a considerable contract with Dr. Schmidt, who offered the contract to develop the Texas Centre for athletes. The contract was considerable since the contractor accepted and was in a position to perform the work he contracted with the amount of money agreed. In analyzing the case it is clear that Dr. Schmidt gave an assurance to the contractor on full work completion, it was, therefore, reasonable for the contractor to rely on the assurance. Prevention of injustice is the imperative idea in this case, and injustice can be prevented only by enforcing the assurance of Dr. Schmidt. Medister is entitled to complete the project they contracted. The uprising issue in this case is whether the two parties entered into a valid agreement and contract between them. The fact is that Kathy left his car to be serviced by Freddie at any agreed contract on the cost. Freddie had an obligation of repairing the car at any cost that he deemed think was fit. In this scenario, the parties did not have a valid contract between them that was to stipulate how the business was to be undertaken; it is, therefore, a quasi-contract. In quasi-contract, the court has an obligation to prevent unjust enrichment. The bill that Freddie has given Kathy seemed to be high as compared to the repair that has been made.

Tuesday, July 23, 2019

Leadership And Management of Law Enforcement Personnel Within the Term Paper

Leadership And Management of Law Enforcement Personnel Within the Organization - Term Paper Example Transformational leadership has shown significant potential in law enforcement organizations. These organizations now operate in the current age of unpredictable change where leaders must try to ensure that their members are sufficiently developed and empowered to make their own decisions, especially in the field. Line officers must be able to also take a leadership role once they are outside the physical custody and jurisdiction of their leaders (Dobby, et.al., 2004). In the field, they may be thrust into situations where they need to make quick and appropriate decisions. The transformational leader therefore seeks to prepare his subordinates to be independent and proactive thinkers, making them significant assets in the field. Transformational leaders seem to be more effective as compared to transactional leaders in the long term (Hinkin and Tracey, 1994). They help inspire confidence, as well as help provide learning experiences to the to the subordinates (Dobby, et.al., 2004). Th is type of leadership has also been known for assisting in the implementation of changes in various settings, thereby allowing the members to adjust to these changes and make personal adjustments in their activities. In applying this transformational type of leadership in the UK, the National Policing Plan was able to deliver improvements in the performance of police officers, as well as ensure the reduction of crime in the country (Dobby, et.al., 2004). This type of leadership is therefore one of the effective methods of leadership which can be applied in order to ensure the effective management of law enforcement organizations. Moriarty (2009) discusses that most organizations need effective leadership in order to succeed. Without... This essay stresses that it is also important for managers to recognize stress, anxiety, and fatigue among their employees. It is therefore important for managers to be adequately trained in recognizing signs of stress and fatigue. Some of these signs may include irritability, hot-headedness, sleeping while on shift, frequent yawning, forgetfulness or memory lapses, and anger. Once these signs are noted among employees, it is important for managers to implement changes in shift work, ordering time off for these officers, and similar other fatigue-relieving remedies. It is also important for the managers to encourage their employees to approach sleep and rest as a safety and performance issue This paper makes a conclusion that Leaders and managers of law enforcement officers have a significant challenge of managing their subordinates and ensuring the peace and safety of the general population. In order to manage law enforcement officers, various programs can be applied. One of these programs is the Leadership in Police Organizations which has gained widespread support. This is a program which seeks to ensure police participation in their own leadership. Very much in relation to transformational leadership, the LPO is an effective means of engaging officers to be their own leaders. Education and training among managers and line officers on the management of stress and fatigue is also an important addition to the effective management of law enforcement officers.

Monday, July 22, 2019

Economy and Society of Historical Brazil Essay Example for Free

Economy and Society of Historical Brazil Essay This essay investigates how the political distribution of land and the employment of coerced labor on sugar plantations and mining affected the development of economies and societies in colonial Brazil. Distribution of land in colonial Brail was politically-motivated and strikingly unequal. Landlords owned huge territories and exerted considerable influence upon both people residing in that territories and local governance institutions. People who didn’t own land were completely powerless against the tyranny of landlords. Furthermore, unequal distribution of land had negative economic consequences: landlords owned more land than they could manage, so great areas were used in a wasteful way (Wright Wolford, 2003). As concerns coerced labor, slavery also had a profound impact on Brazilian economy and society. Coerced labor was used in sugar-cane mills, gold mines, and sugar plantation. Slavery contributed significantly to the economic development of the country, especially of its North-Eastern parts. Coerced labor can be regarded as a major factor in turning Brazil into export-oriented agricultural economy. As for the influence on the society, resistance among slaves used to be a source of constant social tension. However, in cultural terms, certain elements of African culture eventually fitted well in the mainstream culture of the country, Capoeira being the most telling example. Also, slave trade become a source of quick accumulation of wealth by certain categories of population, like traders and slave market owners. Thus, the political distribution of land and use of coerced labor can be regarded as two major factor shaping the economy and social structure of colonial Brazil.

Sunday, July 21, 2019

The Benefits Of Music Education Education Essay

The Benefits Of Music Education Education Essay Imagine yourself waking up in the morning to your iHome playing a song from one of your favorite playlists. While you are getting a shower, preparing yourself for the day, you start to sing a song that has been stuck in your head for days. As you are driving to school, your favorite radio station plays a continuous set list of the popular songs by your favorite artist that you enjoy listening to so much. You and your friend both meet up to talk about how many times you both have listened to the new Lady Gaga single. Because of your common interest in music with your best friends, during a free period all you are able to discuss is music and what your favorite songs are. Even while you are leaving school later on that afternoon, your favorite station is playing yet another smash hit. Something that is highly essential to everyday lift must be understood, and utilized, as frequently as possible. The positive effects of instrumental training as well as aural training, in the younger gen eration, have been widely acclaimed. Therefore, these components to an individuals development should be carried throughout all levels of secondary education in order to offer a well-rounded artistic and musical appreciation that will be of great aide to the student during their present lives and continuing through later adulthood. Out of the fine arts programs, music education is most beneficial to all aspects of an individuals development and should be made available to students.In order for a student to truly enjoy the value of precise musical training in the secondary levels of education, the several benefits of this specific training must be first established. Music education is a creative outlet for adolescents to be passionate, emotional and heartfelt. Music is a way for students to express themselves, and in a greater focus, the emotional benefits that it provides for them. Many adolescents used music as their creative outlet from the academic and social pressures of middle and high school life along with the added stress and pressure caused by home life and family authority. Music is an expression of the heart (Girl, age 15), Music is awesome! Thats what makes my world go round! (Girl, age 13), and the shouted message I LOVE MUSIC. ITS A WAY TO EXPRESS MYSELF! (Boy, age 14) were all commentaries taken from essays on music and what it means to the students. (MENC 6). The overall concept that had emerged was that the art of music education provides students with the freedom to just be who they are, whether that is to be different, be a person they had no idea they could become, to be accepted and feel at ease and stress free in school and through their everyday lives (MENC 7). Students have noted in academic essays that music was a greater source of a get-a-way for them. A typical answer came from a girl who stated When I am angry or everything seems like its spinning out of control, I write a song. It calms me down and gets my feelings out. As for another student who stated that The only way for most teenagers to express their angerà ¢Ã¢â€š ¬Ã‚ ¦ in a nonviolent way is through music. Music also can act as a coping mechanism for an adolescent who is dealing with the pressures of society, family life, and the aspects of friendships and social status. Song lyrics are realized as a message that act as a hope, that you do you not need to feel alone b ecause people have experienced the pain and struggles that you are feeling. Students have wrote and explained that music was a great factor of coping for them, and without it being present in their struggles, it would not of been possible to endure the struggles and obstacles of the teenage life. As well as the emotional benefits which music has to offer to teenagers, it also has social benefits which are essential for social interaction and influence of peer pressure.Secondary students, who participated in band or orchestra, reported the lowest lifetime and current use of all substances (alcohol, tobacco, illicit drugs.) (CMW 1). On the same side, the MENC newsletter also stated that Students spoke of musics social benefits in relation to its function as a distraction from involvement in spurious activity such as drugs, alcohol, smoking (cigarettes), gang life, and promiscuous sex-in their own lives or in the lives of adolescents in general.(MENC 8). Music has a strong influence on teenagers and also has the ability to deter teenagers from suicidal tendencies, by allowing the singers and instrumentalists meaning in their young lives. Being involved in orchestra, band or even choir, provides students with the means of interacting and meeting new people, along with creating ne w and lasting friendships. Being involved in musical ensembles allows a person to step outside their comfort zone and interact with new people. It also enables a student to feel secure within the group. Images of families have been chosen to illustrate this feeling of security that they were experience as the result of taking part in the musical ensembles at their school including: band, orchestra or choir. Along with the numerous benefits that music provides an adolescent with, it also has an impact on how a persons intelligence and development is affected. The question of Can music make us more intelligent, is in the process of being explored in a series of ongoing experiments under the supervision of Frances Rauscher of the University of California, Irvine. In 1993, it was noted that, in contrast to students who merely sat in silence or listened to relaxation instructions, thirty six college students who listened to only ten minutes of Mozarts Piano Sonata K.448 successively experienced a substantial growth in their spatial IQ scores. Another experiment was conducted later on this year, using seventy nine students and additional test situations, which confirmed that the Mozart Effect is without a doubt a real phenomenon. Last year, a pilot study was conducted by a group of researchers where a group of three year old children were given music training, whether it was singing or keyboa rd lessons. The scores of each individual child improved significantly on the Objects Assembly Task, which was a section of the Weschler Preschool and Primary Scale of Intelligence-Revised that could measure the spatial reasoning of a child. According to the results which were found at the American Psychological Associations annual convention, it was reported that the results of a follow-up experiment which concluded that the spatial reasoning performance of nineteen preschool children who received eighteen months of music lessons greatly exceeded that of a comparable group of fifteen preschool children who did not receive music lessons (Rauscher 1). Because it draws on various attributes, music develops flexibility in thinking. Music training is a very effective way, not only to boost the conceptual-holistic-creative thinking process, but to also assist in the melding and merging of the minds capabilities. Although most musical capabilities seem to be represented initially in the r ight hemisphere of the brain, as a person becomes more skilled, capabilities that were stored in the right hemisphere are located increasingly in the left. (Ponter 112). Music is a very noticeable asset in the lives of the youth, and they appreciate its effectiveness in leading the course of their daily routines, along with their long-term hopes and dreams. During a free-flow of ideas, students in American secondary school wrote into their essays their individual reflections of musics roles and meanings for them in their academic studies at school and in their involvement beyond school, not only as performers but as composers and listeners as well. (MENC 11). Some of these students wrote with very cultured vocabulary, while other individuals wrote as if they were talking to a friend through an informal chat application. Each student described music as a knowledge area and an enormous set of skills that bring together their notational literacy, listening awareness, motor ability, eye-hand coordination, and rational hold of musics meaning in the past and in society. (MENC 11). The performance skills of instrumental and vocal nature, were described as g oals to be attained by musical study, and the sense of achievement and superiority that music education had given students, allowed them to progress their skills while performing a various range of musical repertoire and committing to the score, not only melodically but stylistically as well. According to essays that were conducted in American secondary schools, students desire more study of their specified area that is pertinent to their needs, interests, and appropriate rehearsal spaces. However, a few of the same students also wrote negatively about their emotions, while some spoke passionately of their needs of more musical study in school, lack of proper rehearsal space, appropriate practice time, and instruments that could be made available for use. Students are highly particular when it comes to the extracurricular activities which they are involved with. Some students prefer to be involved with things that are beneficial to them and not just activities that are not going to help them in their lives. Some of these students are on the fence of the schools music programs, having once participated in various instrumental and vocal ensembles, but dropped them, would prefer to have curricular developments in the study of popular music styles, including rock or pop music ensembles which could be taught by music teachers and professional musicians. For these students, the typical jazz ensemble was simply not cutting it for them. Even within the scope of what should have been an invitation to adolescents to describe the favorable assets of school music programs that should not be BAN-ned, these programs may not yet be fully in touch with the needs of a considerable population of young people in secondary schools. (MENC 11). The lack of student participation in musical ensembles is due to their self-consciousness of being labeled as band geek. Most students in high school have this notion in their head that if they play an instrument such as the clarinet or trumpet, they will be labeled by their peers. On the other hand, students do not become involved with musical activities due to the simple fact that the music is not what they would like to be learning. According to the MENC newsletter, it states that Music should be a mandatory course just like Math, Science, and English, in all schools not just high schools. The lack of funding for the arts also has a big portion of influence to what courses are placed into the schools curriculum. Other clubs and activities such as football, basketball, and cheerleading are given greater quantities of funds which are unfair to music departments which are always being questioned for their purpose.

The Eclectic And Reflective Nature

The Eclectic And Reflective Nature The outline of the case including factors in connection with history, presentation and the need for a revised therapeutic approach in many ways mirrors the clinical case evaluation detailed by Sherry (2006) in the application of an Attachment Theory Approach to the Short-Term Treatment of A Woman With Borderline Personality Disorder and Comorbid Diagnoses. This study highlights the difficult support/treatment pathway of borderline personality disorder (BPD) which stems from the comorbidity with other diagnoses including severe depression, panic disorder, post-traumatic stress disorder (Zimmerman Mattia, 1999) and harmful misuse of alcohol and other substances (Trull et al, 2000) which are all clearly present in Ruths life. The symptoms typically identified with these disorders are often challenging to mental health practitioners and there appears to be a groundswell of opinion that suggests the disorder is largely untreatable because they are entrenched within the personality and coping mechanisms of the individual. (Raven. 2009) As is common with many people who experience severe mental distress, Ruth has been unable to respond to the demands of the workplace and therefore financial insecurity is likely to be a significant factor for her and also in shaping the life options and experiences of her daughter, Megan. Gould (2006) identifies some of the most pertinent and enduring difficulties that contribute to child poverty in situations where parents have poor mental health and details the difficulties of securing employment (just 24% of people with long term mental health issues in employment), the typically low level of remuneration for people in this category and inflexible nature of moving from benefit claimant through into employment as limiting factors in increasing the life chances of children and young people in this kind of situation. To support this claim the more general findings of Tunnard (2004) are highlighted which link parental ill health problems and family poverty and indicate that 50% of dis abled people have incomes below half the national average, this rises to 60% for disabled adults with children (Gould 2006). Speculation in this report suggests that the figures would be worse in families where one or more parents experience significant and enduring mental problems. Therefore it is reasonable to presume in the case of Ruth and Megan that their level of income is and will remain at a low level without some significant lifestyle changes. Specific links between financial hardship and mental health are taken from an unpublished paper by Social Exclusion Unit in 2004 detailing the impact of poverty on mental ill health, the difficulty people experience had in accessing financial advice /services, disproportionate dependence on state benefits, fluctuating incomes determined by health status and the challenge of securing the right level if benefit/personal finance. General findings about the impact on family poverty are also relevant in the case of Ruth and Megan and it is a factor that is very likely to add to the symptomology common to people diagnosed with borderline personality disorder. Furthermore, as benefits and social care resources are constrained against a backdrop of central governments drive to put people back into work, Spencer and Baldwin (2007) argue that many parents in the UK are expected to bring up their families in the context of unreasonably scarce resources. Therefore, practitioners need to take into account Ruth and Megans social and economic factors when assessing their individual needs, risk and in determining a therapeutic pathway for this family. As might be expected, given these negative financial, health and well-being determinants social exclusion is a likely to be a factor that needs to be overcome if an holistic, person-centred approach is to be adopted in supporting this family. Developing strategies to overcome the destructive behaviours that Ruth has developed as her personal coping from mechanisms is a key factor in addressing the wider concern of her and Megans social exclusion and isolation. Megans current situation, which is one of compromised opportunity, a limited social life, burdensome responsibilities, isolation, scarce personal resources and a lack of attention to her own needs, represents the situation of many carers in the UK, especially so those who have or have had responsibilities as a young carer. . Research by Aldridge and Becker, (1999, p.306) suggests that children who provide caring support to parents with mental illness will be more susceptible to increased levels of anxiety, depression, fear, change in behavioural and social patterns as well as being more at risk of transmission of the particular parental condition. As caring moves through into adulthood the future tends to remain bleak and research from the Health and Social Care Information Centre (2010) reports increased evidence of poor health, low income and a general sense of hopelessness for carers in the light of on-going cuts to social care budgets. The prospect for any significant improvement is equally depressing. In considering the details of this case the eclectic and reflective nature of social work is an approach that seems suitable for the complexities supporting people with mental ill health, particularly the ever changing presentations of people who have a diagnosis of borderline personality disorder. Payne (2009, p.100) describes the usefulness of these approaches in case work highlighting how practitioners can adopt and use theories together, perhaps all at once or perhaps successively or use different theories in different cases. Because this method requires significant skill and discernment Payne cites Epstein (1992) who suggests that flexible team approaches to reflection, debate and application offer a useful way forward to the delivery of flexible moment to moment practice in response to complex cases. Payne (2009) identifies systems theory as being an important aspect of eclecticism. Pincus and Minahan (1973) applied the approach to social work practice and describe three types of system these being informal or natural (friends/family), formal (community groups, etc.) and societal systems (hospital/schools, etc.). People with mental health problems are likely to have some difficulty in using helping systems to improve their health, life experiences and general well-being. Applying systems theory involves identifying the point, and problems individuals experience in the interactions with their environment. The phases of this include assessing; making/negotiating contracts; forming/coordinating actions; re-forming and influencing action systems; terminating change efforts. Payne (2005) extends the application of this approach and makes clear links to ecological systems theory, crisis theory/models and task centred working. The application of these, particularly crisis intervention, could work in connection with Ruths current difficulties and potentially offers short term bridge toward longer term therapeutic work. However in adopting this approach it is wort h considering the caution raised by Doel (2009) and he notes that if done poorly than crisis/task centred work can become inflexible, routine and possibility lead to some level of social control. Doel suggests using these methods should be accompanied by training that considers factors such as values, attitudes and their application in practice. Sherry (2007) identifies the increasing consideration and application of attachment theory (Bowlby 1973) in the causation of borderline personality disorder and cites numerous influences as threats to attachment in childhood. Risk factors in this regard include sexual traumas (Laporte Guttman, 1996), parental neglect (Paris, 1997, 1998), family instability and emotional neglect all of which are considered to contribute to the development of personality styles in adult life. For practitioners, the reasoning of Ivey 1989 who suggested extreme behaviour by clients could be linked to their development history and the way they respond and bring meaning to their experiences in later life. Therefore poor parenting experienced by Ruth could have been instrumental part in the development of behaviours that for her now carry the label of borderline personality disorder (West Sheldon-Keller (1994). Therefore the gathering of information in assessment processes can be a crucial factor in worki ng out the style and content of social work intervention. In considering the pathways of someone who experiences significant mental health issues it is clear that from many perspectives that society perceptions, life opportunities and thereby individual well-being are compromised in many areas of life. The fight for a more balanced and supportive approach to mental health has been carried by the service user/survivor movement for many years and the need for reform has led to many campaigns. It is easy to understand the need secure better treatment and push through system reforms given oppression, rejection and widespread ignorance that characterises the history of mental health in the UK. Ferguson (2008) highlights how the now accepted position of the survivor movements pushing for greater recognition of the plight of people with mental health issues came from the enduring effects of stigma, powerlessness, inequality and segregation which have been utilised to push governmental thinking and maintain mental health, well-being and social care as political issues. The fight for improved rights and opportunity among the survivor movement only really gathered pace in the 1970s (Campbell 1996) (Beresford, 1997) and in the early stages tended to focus on small scale self-help and mutual support initiatives. More recently there has been greater, towards collective national campaigns concerning treatment, responding the revisions of the mental health legislation and broader struggles to change attitudes and understandings of madness and distress. This has been key to shifting the stigma of mental health and clearly it is something that needs to continue. General concerns expressed by Campbell (2005) link well to Ruths situation and the pressing structural concerns that tend to bring of poverty, lack of opportunity, isolation, boredom, hopelessness and therefore a continuing commitment to state imposed legal and medical restrictions are clearly relevant to the case study. Evidence of the negative impact of mental ill health can be found in the health inequalities highlighted in research carried out for the Disability Rights Commission in 2006 which showed that people with severe mental illness are at higher risk of ill health across a number of conditions. Their report Equal Treatment: Closing the Gap highlighted increased incidence of clinical obesity, coronary heart disease, diabetes, high blood pressure among people with severe mental health issues. It also noted higher risks in connection with people developing high blood pressure, stroke, respiratory problems and bowel and breast cancer. They are also more likely to smoke. Althou gh the reasons for this inequality are complex and have far reaching implications for public health policy makers, the consequence remains that people who experience long-term mental ill health die on average 5 to 10 years younger than other people, often from preventable illnesses. The response to this research and the continued focus on issues of inequality, injustice and stigma by organisations such as Rethink Mental Illness is yielded some significant results with increased focus on physical health being pursued within community mental health teams, increased focus on talking therapies and Mental Health (Discrimination) Bill moving through to the House of Lords for further debate. (Rethink, 2012) However it is increasingly apparent that people with a diagnosis of borderline personality disorder are subject to a specific type of stigma and discrimination that impacts on the relationships that are key to achieving to achieving some level of stability in their lives, these being the therapeutic links with practitioners within community mental health services. Ruths condition unfortunately fits in with the perception held amongst professionals that it is almost or completely untreatable. Personality disordered patients are often described as the patient physiatrists dislike and are often viewed as time wasting, difficult, attention seeking, and manipulative bed blockers. (Hadden Haigh, 2002). Having previously highlighted the significance of person-centred theory and approaches in developing therapeutic alliances, it is supremely that discrimination within helping professions can be raised so easily as central limiting factor. Markham (2003) highlights multiple differences in th e reactions of professional staff towards people who have a diagnosis of BPD. The suggestion is that the label leads to increased social rejection, deceased optimism and adoption of stereo typical attitudes by staff therefore creating risk of less favourable and thereby effective treatment as compared to other groups of people with severe and enduring mental health issues. As might be expected, the research draws heavily on labelling theory: The negative service user experience detailed by Wright Jones (2012) in typifies Ruths historical therapeutic pathway and include direct quotes that are clearly relevant: Rightly or wrongly, I interpreted the label as a sign that I was fundamentally flawed, that the bad parts of me far outweighed any good attributes that might also be part of my personality à ¢Ã¢â€š ¬Ã‚ ¦and being told that I had a personality disorder and that there was no cure or treatment. The inference was that I was just made this way and that was the end of it. The article also highlights the findings of Pilgrim (2001) who suggest that poor responses to personality disorder occur because causes are not known and that treatment outcomes are often unpredictable and unreliable. In considering this kind of evidence, it is easy to understand Ruths resignation following another A E admission which in her mind will bring about yet another dissatisfying cycle therapeutic hopelessness with little chance of any success. (should this paragraph be justified or left centred?) The situation raised in the case study typifies many of the negative issues associated with the support that people with a diagnosis of borderline personality disorder receive: dismissive attitudes, inconsistent approaches and authoritarian approaches seem to be consistent themes and are obviously not changing the nature and outcomes of therapeutic interventions. While it might be difficult at this stage, it seems important for Ruth to take some responsibility possibly self-managing some degree of the presenting risk which is consistent with the guidance provided by Wright and Jones (2012) and is also in line with best practice as detailed in the NICE guidance (2009). This should be clearly stated within the care plan. Mead and Copland (2000) suggest that people are able to grow through positive risks taking and that empowerment through person centred support can reframe typical service user response to difficult, crisis situations. Practically this can be supported through clear and effective care planning and this should be built into an individuals treatment and crisis plan. Ruth, along with her care coordinator, should carefully consider strategies to manage acute and chronic risks developing and incorporating these in the care plan as appropriate. This will ensure consistency when the care coordinator is absent, ensuring that Ruths care and support follows boundaries and consistency agreed with her and thereby ensuring she is treated with dignity, respect and compassion. Although risk to self which Sherry (2007) clearly links to the diagnosis of borderline personality disorder must be responded to in the context of community mental health services, admission to psychiatric inpatient unit should only take place as a last resort and the least restrictive options should be pursued. The stepped care model offers a useful statutory response and if risks remain elevated then Ruth should be considered firstly for the high intensity team then a referral crisis resolution and home treatment team, notwithstanding any negativity that may surround her historical presentations. If possible extra support from care coordinator would be the ideal solution, as this would utilise the therapeutic relationship in place to support and guide Ruth through her crisis. In consistently challenging situations Ruths care coordinator could also explore with Ruth and Megan a self-directed support (SDS) package. This package could support with activities of her choice and it is po ssible for this to be used for Ruth to explore and access some community resources therefore building social networks for Ruth and relieving Megan of some of the pressure of her carers role. Hatton and Waters (2011) identify the relative success of SDS/personalisation in connection with people experiencing mental health issues and this is at its most beneficial when individuals pursue direct payments and secure support on their own terms. Whichever option in terms of on-going support is chosen then it seems that there is need for a more collaborative, shared approach both in connection with risk and also around longer-term support strategies. The work and theories of Rogers (1956, 1957) define the core conditions of counselling including unconditional positive regard (UPR), empathy and congruence for therapeutic relationships to succeed particularly so in the context of personality change. It is important to note that this is a value based approach and faith that the person can shape their own positive future if the condition highlighted above can be provided. It is not a set of tools and techniques that can be turned on and off to suit practitioner needs at a given time or opportunity. It links well to considerations around motivational approaches and Ruths and Megans desire to move on is a good indicator in this regard. Fundamentally, by adopting humanistic approaches, the aim is to develop a pattern of interaction and support which keeps Ruth centrally involved in the nature and shape of the therapeutic relationship which will naturally involve key decisions about, risk, treatment options, care planning and goal planning. Clearly this type of interaction is difficult to outline to all involved professionals but careful entries and assessment within electronic records can help significantly in modifying the responses all statutory workers who may encounter Ruth in the professional work. If this person-centred approach is adopted then it will represent a significant shift in the care and support Ruth has received in her short psychiatric career.

Saturday, July 20, 2019

Digital Art Technology Essay -- Technological Technology Art Artist Es

Digital Art Technology Technology is constantly growing and changing our ways of living. It makes life easier at times, and more interesting too. When one would think of art in the past, usually computers and technology did not come to mind. Now because of modern technology, the digital age is uncovering vast ways to create amazing works of art through computer tools and software. Art is now digitally created and can appear unbelievable to the modern eye. Digital art technology is in some ways, a form of art that can be constructed on a computer based template and still portray an artistÕs rendition but in a mechanical manner. Ã’As early as 1912, the futurists planned moving sculptures driven by machine, in which the machine was incorporated into the body of the artwork itself. Both movements advocated the artist as a user of technology and recognized the machine as art, ideas that would slowly make their way into the artistic mainstream in time for the arrival of electronic digital technology.Ó (55, Wolf) This was the beginning of years and years of transitioning into art technology. It was a slow transition because equipment malfunctioned during art exhibitions at times and the technology needed to be more sufficiently developed still. Inventions starting over 40 years ago began Digital Art technology. In 1963, a program for interactive computer graphics, called Sketchpad, was created by Ivan E. Sutherland. It facilitated the collaboration of drawing and computing. Ã’By the mid-1970s and throughout the 1980s, computer graphics improved tremendously, and a new kind of imaging was possible: visualizations of complex mathematical functions, three-dimensional graphics, and fractal imagery no artis... ...eating classical art has been and will continue to be a portal for artists to create masterpieces. Works Cited 1. Software: Jasc Paint Shop Pro 8  ©copyright 1996-2003, Amazon.com Inc. www.amazon.com 2. Software: Adobe Photoshop Element 2.0  © copyright 1996-2003, Amazon.com Inc. www.amazon.com 3. Software: Corel Painter 8  © copyright 1996-2003, Amazon.com Inc. www.amazon.com 4. Lieser, Wolfgang, Digital Art Museum  © copyright 1993-2003 Digital Art Musuem www.DAM.org 5. Wolf, Mark J.P., Abstracting Reality  © copyright 2000 University Press of America ,  ¨ Inc. Lanham, Maryland 6. Pickover, Clifford A., Visions of the Future  © copyright1994 St MartinÕs Press, Inc. New York, NY 7. Wilkens, Glen Painting with Pixels  © copyright 1999 Sterling Publishing Co., Inc New York, NY

Friday, July 19, 2019

Family Relationships in Morrisons The Bluest Eye Essay -- The Bluest

Family Relationships in Morrison's The Bluest Eye â€Å"The Bluest Eye† by Toni Morrison, is a story about the life of a young black girl, Pecola Breedlove, who is growing up during post World War I. She prays for the bluest eyes, which will â€Å"make her beautiful† and in turn make her accepted by her family and peers. The major issue in the book, the idea of ugliness, was the belief that â€Å"blackness† was not valuable or beautiful. This view, handed down to them at birth, was a cultural hindrance to the black race. A main theme in this novel is the influence of family relationships in the quest for individual identity. Our family or lack thereof, as children, ultimately influences the way we feel as adults, about ourselves and about others. The effects on us mold our personalities and as a result influence our identities. This story shows us the efforts of struggling black families who transmit patterns and problems that have a negative impact on their family relationships. These patterns continue to go unresolved and are eventually inherited by their children who will also accept this way of life as this vicious circle continues. Having inherited the myth of ugliness and unworthiness, the characters throughout the story, with the exception of the MacTeer family, will not only allow this to happen, but will instill this in their children to be passed on to the next generation. Beauty precedes love, the grownups seem to say, and only a few possess beauty, so they remain unloved and unworthy. Throughout the novel, the convictions of sons and daughters are the same as their fathers and mothers. Their failures and accomplishments are transferred to their children and to future generations. It is int... ... son, Louis, Jr. The cat becomes her surrogate child as the blue-eyed Fisher child became the surrogate child to Pauline Breedlove. The cat will die physically as Pecola will die mentally. Soaphead Church was a mixed black and white ancestry from the Caribbean. He inherits the need to be British and to erase all color. His schoolmaster father developed his own legacy of Anglophilia into a narrow intellectual statement of the unworthiness of man. Being a mulatto, he knew the â€Å"non-life he had learned on the flat side of his father’s belt.† Because racism prevents Soaphead from getting the job that his education merits, he gives up, he ends up with a non-life, like his father and his wife, the only person he ever truly loved, abandons him. He uses little Pecola to rid himself of the mangy dog that represents non-white, non-perfect beings whom he despises.

King Lear - Power Corrupts Essay -- essays research papers

Power is the ability to manipulate and control whatever one desires; to do what one pleases to do without answering to authority. The power that corrupts the characters plays an extensive role throughout Shakespeare’s play, King Lear. Goneril and Regan are corrupted by the power that Lear offers them. Edmund’s corruption comes from the trust of his father. Absolute power corrupts absolutely with the characters, because once have full control, they are so cold that they will do anything to keep the power – or to gain more. The quest for power corrupts, but when absolute power is attained, treachery and deceit is the only path to take. The power that Lear gives to Goneril and Regan makes them treacherous and deceitful. Lear offers his land to his daughters – Goneril and Regan – but in return they must profess their love for him: â€Å"which of you shall we say doth love us most, that we our largest bounty may extend.† (1, 1, 56-57) By doing this, Lear gives an opportunity for his daughters to take advantage of him. Goneril â€Å"loves [him] more than words can wield the matter’ (1, 1, 60) and the same goes for Regan saying, â€Å"[Goneril] comes too short, that [she] profess [herself] an enemy of all other joys.† (1, 1, 79-80) They don’t really love Lear, but instead they love the power that Lear gives them. Once Lear had given the land to his daughters, the power that they have corrupts them. When Lear needs a place to stay, the daughters are not quick to react; Goneril allows him to stay...

Thursday, July 18, 2019

Country of Origin

Country Of Origin Image The Country of Origin Image or COO can be described as the motivation behind the tendency for consumers to make buying decisions, guided by their perception of the country which is associated with the purchased product. It is essentially one of the building blocks for brand equity when introducing new products into new markets internationally. This could be attributed to consumer’s need to make quality inferences via brand cues, which will help them move forward faster in the buying process.In recent times, the validity of COO image as a brand metric has become arguably questionable, as the arrival of globalization has diluted the efficacy of the country of origin term. These days, an Apple Iphone could be designed in San Francisco, California and manufactured in Taiwan at lower operating costs. Based on this phenomenon and the study by Essousi and Merunka (2007), the COO concept can be further evaluated on the basis of two sub categories, which are cou ntry of design (COD) and country of manufacture(COM) image.A lot of companies remain ethnocentric in their business operations, this means that they restrict their resources to the initial country of origin, but sell to varying markets on the international scene. This is in contrast to the truly global companies that distribute their resources worldwide and operate in a global market. It begs the question of whether country of design or country of manufacture, is the influencing factor with regards to consumer behaviour and a product’s country of origin image.Referring to the previous example of Apple’s Iphone, is the product quality amplified in the consumers eyes by virtue of its American design or is its value downgraded by Taiwanese production? , considering Taiwan’s COO image as one of cheap but low quality products. Reardon et al (2005) suggest that with the products being unfamiliar to the market, country of origin image becomes the most viable source of quality identification for the consumer, an opinion backed by Balabanis and Diamantopoulos (2008) and Carvalho, et al ( 2011) studies on brand associations with country of origin images, among consumers.This is akin to celebrity endorsement of brands, with countries playing the role of celebrity ambassadors to those new to the brand. Harun et al 2011, proposes a different perspective to the discussion with country of brand origin (COBO). This is far more effective as a brand metric because as the name implies, the focus is placed on the brand itself rather than the product. For a description of the slight differences between the two concepts, Consider a consumer’s choice to buy a virtually unknown suit brand, because it was made in Britain.Britain’s strong COO image for products like suits, is the major player in this purchase decision. On the other hand, the buyer could decide to go for a Louis Vuitton Suit to feel ‘French’, as Louis Vuitton is primarily a French brand, thus illustrating the concept of the COBO effect. From this, it is clear that the country of origin effect still maintains some relevance with regards to influencing purchase decisions, whether it involves the design origins or place of manufacture or even down to the general associations the brands has with a country.Place Brand With the ever constant battle for the consumer’s disposable income and foreign direct investment by businesses, there has been an upsurge in the marketing of entire geographical locations, as suitable places to spend money. According to Medway& Warnaby (2008), the focus of the process is on creating favourable or attractive image associations for places and downplaying any negative images it may already have, unless demand for its resources outgrows supply.It can be argued that products and services become brands by virtue of the benefits they offer. This implies that if the benefits are negative, the product or service gains a negati ve brand image and vice versa. Similarly, places become branded by what they have to offer, usually in terms of culture, heritage, art, natural resources (Kemp et al, 2012) and many other variables. This phenomenon known as place branding, seeks to create identity, differentiation and personality for a place(Kavaratzis & Ashworth, 2005).It typically involves any residential geographic entity, and is usually most evident in the marketing of nations and cities. In examining the tenets of place branding further, the branding of cities can be utilised as a sample from which reasonable inference can be drawn and applied to a larger population such as countries. Pfefferkorn (2005) outlines the effects of branding on cities and the ingredients common to strongly branded cities.Included in the requirements for strong city branding are attractive employment opportunities, affordable cost of living, efficient public transportation and school systems, recreational/ cultural attractions, and go od climatic conditions. These are described by the author as functional values, but for truly strong place brands to exist, there must also be added value that differentiates it from others.The added value is unique to each city, as residents may tend to make meaningful associations between themselves and a place. Examples of this include the marketing of Jerusalem and Mecca as ‘holy cities’ of pilgrimage to devout faithfuls, Rio as a destination of choice for carnival lovers, Paris as the city of love for romantic individuals or in the most popular city branding efforts for sports enthusiasts, English soccer (Edensor & Millington, 2005) and the Olympics (Zhang & Zhao, 2009).An observable common denominator amongst these examples is the presence of images or perceptions, associated with orchestrated activities that result in the brands of a place. (Kavaratzis S& Ashworth, 2005). Global Brands The definition of globalised companies in contrast to international companies lies in the distribution of its resources (Abdulrazak. R, 2013). One of the foremost issues with brand globalization is the standardisation versus adaptation debate.A global brand is one which has been able to extend its brand identity across the world from its country of origin, and therefore the argument falls largely in favour of standardization with an adaptation of certain variables where necessary. Discussion Global brands offer consumers a sense of familiarity and streamlines the decision making process for purchasing from a range of both local and international alternatives. The country of origin image as well as place brands associated with the place brand may further serve to amplify the equity of the global brand. SIRRA

Wednesday, July 17, 2019

Bottle Biology

Bottle Biology leap come in I made a devil-layered store ecosystem. In the bottom layer, there is an aquatic ecosystem. In the aquatic ecosystem, there is iodine organism a gold lean. In the go layer, there is a land ecosystem. in that location are many plants and other pudding flowers. This is a good example of 2 organisms from different ecosystems. There were not as many steps as I public opinion there would be regard in building the bottle itself. first gear I emptied out two two liters of pop. I and then cut glowering the go throughs of both bottles, and threw out unmatched of the bases.In the leftover base, I poured peeing, aquatic gravel, and a fake plant for the fish. I then put the fish in its new happy home. In swan to feed him, I cut out a flap leading to the peeing that I can put fish aliment in. After that, I began works on the go across layer. I laid one of the tops, with the cap still on, round half an inch into the original base. I taped it fir m into the base, to ensure that the undivided upper layer would not break up the fish. Then I put my plants into the half-built top layer. After that I placed my sustain bottle top on top of the base, creating another funnel.I taped the top securely on, finishing the bottle. I can shaft and unscrew the cap whenever I get hold of to give the plant water. Both the fish and plant do not indispensableness much caring for. The plant ineluctably a little bit of water every day, and the fish needs food about twice a day, only when that is not nearly what I thought it would take to maintain these organisms. I enjoyed this foresee it was very interesting to make two small ecosystems. If I had the chance to do it again with two different organisms I would definitely do it. AJ Keith 5/19/11 Period 3

Tuesday, July 16, 2019

Law of Tort

Law of Tort

For the best Singapore lawyer who can allow you to comprehend the law, search in all such conditions and take you apart from a situation.Occupiers liability is perhaps a distinct form of negligence in that there must be a duty of care and breach of duty, causing damage.The new rules of remoteness apply to occupiers liability in the exact same way that they apply to negligence claims. Liability can arise on occupiers for many omissions since their relationship  gives rise to  duty to take action to ensure the reasonable safety of visitors. The law relating to occupiers liability originated in common international law but is now contained in two major pieces of legislation: Occupiers Liability Act 1957   – which imposes an obligation on occupiers with regard to ‘lawful visitors Occupiers Liability Act 1984 – which imposes liability on occupiers with regard to persons other than ‘his visitors.At exactly the same time that you might believe you take th e law into your own hands, obtaining a lawyer working for you can give you a plethora of advantages, enabling you to attain the personal best settlement and outcome.Both the Occupiers Liability Acts of 1957 and 1984  impose an obligation on occupiers rather than land owners. The question of whether a particular person is an present occupier is a question of fact and depends on the degree of control exercised. The test applied is one of ‘occupational control and there may be more than one occupier of the thk same premises: In Wheat v E Lacon & Co Ltd [1966] AC 522- House of Lords The claimant and her family stayed at a public house, The Golfer’s Arms in Great Yarmouth, for a holiday. Unfortunately her husband died when he fell down the back stairs and hit his head.

Taking Law at A-level could offer you a head start on a few.Richardson, who occupied the pub as a licensee. Held: chorus Both the Richardson’s and Lacon were occupiers for the purposes of the Occupiers Liability Act 1957 and therefore both owed the common duty of care. It is possible to have more than one occupier.The question of whether a particular person is an occupier under the Act is whether they have occupational control.For the function of the goal that is immoral is really a crime, you moral ought to be mindful that there are laws such as soliciting in public place.Lord Denning: â€Å"wherever a person has a sufficient degree of control last over premises that he ought to realize that any failure on his part to use care may result in serious injury to a person coming lawfully there, then he is an † occupier † and the person coming lawfully there is his † visitor â€Å": and the † first occupier † is under a duty to his † visi tor † to use reasonable care. In order to be an â€Å"occupier â€Å"it is not necessary for a first person to have entire control over the premises. He need not have exclusive occupation. Suffice it that he old has some degree of control.

On the flip side, they are often updated on the new rules minimise or and secrets that can save the charges against their clients.† Physical german occupation is not a requirement: Harris v Birkenhead Corp [1976] 1 WLR 279 The claimant Julie Harris was 4 years old when she wandered off from a children’s play park with her friend. They entered a derelict house which was due for demolition. The house what had not been secured and the door was open.They went upstairs and Julie sustained serious injury when she fell from a window.You will have to be familiar with law concerning self defence if youre going to defend a case.Held: The Council had the legal right to take possession to secure the property, actual physical occupation was not required to incur liability as an occupier. The council were therefore liable. 4. 1.

Civil cases are often simpler to win than situations.. 1. 1. 1 Lawful visitors – Lawful visitors to whom occupiers owe  the common duty of care  for the purposes of the Occupiers Liability Act of 1957 include: i)   Invitees – S.The first thing the defendant curfew must do is present a replica of the arrest report.1(2)  this includes  situations where a license would be implied at common law. (See below) iii) Those who enter pursuant to a contract – s. (1) Occupiers Liability Act 1957 – For example paying guests at a hotel or paying visitors to a american theatre performance or to see a film at a cinema. iv) Those entering in exercising a right conferred by law – s.

Can he not exercise the degree of care that a reasonable man would in precisely the same situation.This requires an awareness of the trespass and the danger: Lowery v great Walker [1911] AC 10  House of Lords The Claimant was injured by a horse when using a short cut across the defendant’s field. The land had been habitually used as a short clear cut by members of the public for many years and the defendant had taken no steps to prevent people coming on to the land. The defendant was aware that the horse was dangerous. Held: The defendant was liable.He must have failed in his or her obligation.Witness testimony was to the effect that the fence was in good repair the morning of the incident. Held: No license was implied. The Defendant had taken reasonable steps to prevent people coming onto the railway. Lord Goddard: â€Å"Repeated trespass of itself confers no license† 4.

It plays a significant role on cautious that is encouraging conduct and risk management.On the park various botanic many plants and shrubs grew. A boy of seven years ate some berries from one of the shrubs. The berries were poisonous and the boy died. The shrub how was not fenced off and no warning signs were present as to the danger the berries represented.A tort of defamation from the usa best can be defended from several ways.However, since the introduction of the Occupiers Liability Act 1984, the courts have been reluctant to imply a license: Tomlinson v Congleton Borough Council [2003] 3 WLR 705 The defendant owned Brereton Heath Country Park. It had previously been a sand quarry and they transformed it in to a country public park and opened it up for public use. The defendants had created a lake on the park which was surrounded by sandy banks.In the hot weather many visitors how came to the park.

Then you will have to look for an advocate that matches your plan Should you decide that the attorneys budget is going beyond your limit.The claimant was injured when he dived into shallow water and broke his neck. At the Court of Appeal it was held that he was a trespasser despite the repeated trespass and inadequate steps to prevent him swimming.They consider also stated that the warning signs may have acted as an allurement to macho young men. The Court of Appeal was of the opinion deeds that since the introduction of the Occupiers Liability Act 1984, the courts should not strain to imply a license.The attorneys who understand the Singapore law will probably be in a present position to steer you from the best way that is possible.House of Lords held: The Council was not liable. No risk arose from the state of the own premises as required under s. 1 (1) (a) Occupiers Liability Act 1984. The risk arose from the claimant’s own action.

Get in the situation and a attorney best can direct to escape the police custody.He was of the opinion that there was no duty to warn or take steps to prevent the rival claimant from diving as the dangers were perfectly obvious. This was based on the principle of free will and that to hold otherwise would deny the social benefit to the majority of the users of the park from using the park and lakes in a safe and responsible manner.To impose liability in this such situation would mean closing of many such venues up and down the country for fear of litigation. He noted that 25-30 such fractures occurred each year nationwide, despite increased safety measures the numbers had remained constant.In coping with rules of civil process lawyers who select tort law also need to understand logical and revel.The land was a public right of way. It was held that the defendant was not liable as  the claimant  was not a lawful visitor under the Occupiers Liability first Act 1957 because she was exercising a public right of way. †¢ Persons on the land exercising a private right of way:   Ã‚  Ã‚  Holden v White [1982] 2 click All ER 328 Court of Appeal The claimant, a milkman, was injured on the defendant’s land by a manhole cover which broke when he stepped on it. At the time he was delivering milk to the house of a third party who had a right of way across the defendant’s land.

5 The common duty of care The most common duty of care is set out in s. 2 (2) Occupiers Liability Act 1957: S. 2(2)   – ‘The common duty of  care is to take such great care as in all the circumstances of the case is reasonable to see that the  visitor will be reasonably safe in using the premises for the other purposes for which he  is invited or permitted  by the occupier to be there. ‘   Thus the standard of care varies according to the circumstances.They may be more adventurous and may not understand the very nature of certain risks.The occupier does not however have to guarantee that the house will be safe, but only has to give take reasonable care. If the child’s parents are present, they must share some responsibility, and, even if they are not present, it may be relevant to the occupier’s duty that they thought it prudent to allow their child to be where he was. Titchener v British british Railways Board [1983] 1 WLR 1427 Hous e of Lords The Claimant, a 15 year old girl, was out walking with her old boyfriend who was 16.The Defendant raised the defense of volenti under s. 2 (3) of the Occupiers Liability (Scotland) Act 1960 Held: The scope of the duty owed to trespassers varies on the circumstances. On the facts of this case the Defendants did not owe a duty to a 15 year old trespasser who was fully aware of the risks.Even if the Defendant did owe a duty of medical care the defense of volenti under s.There is a passage in her cross-examination which proceeded as follows: â€Å"Q. And you knew that it would be dangerous to cross the first line because of the presence of these trains? A. Yes. Q.

Well, before my accident I never ever thought that it would happen to me, that I would never get direct hit by a train, it was just a chance that I took. † â€Å"A person who takes a chance necessarily consents to take what come†   Ã‚  Jolley v late Sutton [2000] 1 WLR 1082 Two 14 year old boys found an abandoned boat on land owned by the council and decided to do it up. The boat was in a thoroughly rotten condition and represented a danger. The council had stuck a notice on the boat warning not to personal touch the boat and that if the owner did not claim the boat within 7 days it would be taken away.The trial judge found for the claimant. The Court of Appeal reversed the decision, holding that whilst it was foreseeable that younger children may play on the boat and suffer an injury by falling through the rotten wood, it was not foreseeable that older boys would try to do the boat up.The claimant appealed. House of Lords held: The claimants popular appeal was a llowed.It requires determination in the context of an intense focus on the circumstances of each case. † Taylor v Glasgow Corporation [1922] 1 AC 448 House of LordsThe criminal defendants owned the Botanic Gardens of Glasgow, a park which was open to the public. On the park various botanic plants and shrubs grew. A boy of seven years ate some wild berries from one of the shrubs.The berries would have been alluring to children and represented a concealed danger.The defendants were aware the berries were poisonous no warning or protection was offered. Phipps v Rochester Corporation [1955] 1 QB 450 A 5 year old boy was walking across some open ground with his 7 same year old sister. He was not accompanied by an adult.

†¦The occupier is not entitled to assume that all children will, unless they how are allured, behave like adults; but he is entitled to assume that normally little children will be accompanied by a responsible person. †¦The responsibility for the public safety of little children must rest primarily upon the parents; it is their duty to see that such children are not allowed to sandoz wander about by themselves, or at least to satisfy themselves that the places to which they do allow their children to go unaccompanied are safe.It would not be socially desirable if parents were, as a matter of course, able to shift the burden of looking after their children from their own shoulders to those persons who happen to have accessible pieces of land. † ii) S.Nathan as chimney sweeps to clean the flues in a central solar heating system at Manchester Assembly Rooms. The flues had become dangerous due to carbon monoxide emissions. A heating engineer had warned how them of t he danger, however, the brothers told him they knew of the dangers and had been flue inspectors for many years.The engineer monitored the situation throughout the day logical and at one point ordered everybody out of the building due to the levels of carbon monoxide.They were also told they should not do the work whilst the fires were lighted. However, the next day the brothers were found dead in the basement having returned the previous evening to complete the work when the fires were lit. Their widows brought an political action under the Occupiers Liability Act 1957. Held: The defendant was not liable.This caused a fire and the fire services were called to put out the fire. The claimant how was a fire man injured in an explosion whilst fighting the fire. He had been thrown to the ground whilst footing a ladder on a flat roof. The first defendant sought to escape liability by invoking s.

Ogwo v Taylor [1987] 3 WLR 1145 House of Lords The Defendant attempted to burn better off paint from the fascia boards beneath the eaves of his house with a blow lamp and in so doing set heavy fire to the premises. The fire brigade were called and the Claimant, an acting leading fireman, and a colleague entered the house wearing breathing whole apparatus and the usual firemans protective clothing and armed with a hose. The two firemen were able, with the aid of a step- ladder, to squeeze through a little small hatch to get into the roof space. The heat within the roof space was intense.Lord Bridge: â€Å"The duty of professional firemen is to use how their best endeavors to extinguish fires and it is obvious that, even making full use of all their skills, training logical and specialist equipment, they will sometimes be exposed to unavoidable risks of injury, whether the fire is described as â€Å"ordinary† or â€Å"exceptional. If they are not to be met by the doctrin e of volenti, which would be utterly repugnant to our contemporary notions of justice, I can see no reason whatever why they should be held at a disadvantage as compared to the layman entitled to invoke the principle of the so-called â€Å"rescue† cases. † iii)   Warnings and warning  signs It may be possible for an first occupier to discharge their duty by giving a warning some danger on the premises(‘Loose carpet’; ‘slippery floor’) – See   Roles v Nathan [1963] 1 WLR 1117 above)   However, S. (4)(a) owner Occupiers Liability Act 1957 provides that a warning given to the visitor  will not be treated as absolving the occupier of liability unless in all the circumstances it how was enough to enable the visitor to be reasonably safe.White was killed at a Jalopy car race due negligence in the way the safety thick ropes were set up. A car crashed into the ropes about 1/3 of a mile from the place where Mr. White was standing. Conse quently he was catapulted 20 foot in the air and died from the injuries received.The programme also contained a similar clause. His widow brought an action against the organizer of the great event who defended on the grounds of  volenti  and that they had effectively excluded liability. Held: The defence of  volenti  was unsuccessful. Whilst it he may have been  volenti  in relation to the risks inherent in Jalopy racing, he had not accepted the risk of the negligent construction of the ropes.

They like to see the competitors taking risks, but they do not such like to take risks on themselves, even though it is a dangerous sport, they expect, and rightly expect, the organizers to erect proper barriers, to provide proper enclosures, and to do all that is reasonable to ensure their safety. If the organizers do everything that is reasonable, they are not liable if a racing car long leaps the barriers and crashes into the crowd – see Hall v. Brooklands (1933) 1 K. B.B. 20B; Wooldridge v. Summers (1963) 2 Q. B.† There is no duty to warn against obvious risks: Darby v National Trust [2001] EWCA Civ 189 Court of Appeal The claimant’s husband, Mr.Darby, drowned in a large pond owned by the National Trust (NT). The pond was one of five ponds in Hardwick Hall near Chesterfield. Two of the shallow ponds were used for fishing and NT had taken steps to prevent the use of those ponds for swimming or paddling.However, he got into difficulty and drowned. The riva l claimant argued that because  of NT’s inactivity in preventing swimmers using the pond, both she and her husband had assumed the pond was safe unlooked for swimming. Held: NT was not liable. The risk to swimmers in the pond was perfectly obvious.

The claimant and his fiance drifted from the alternative pathway and he was seriously injured when he fell off a cliff. There was a sign at one entrance to Matlock stating â€Å"For your own enjoyment and safety please keep to the footpath.The cliffs can be very dangerous, and children must be kept under close supervision. † However, there was no such sign at the entrance used by the claimant.The harbor wall was known as The Cobb and how was a well-known tourist attraction commonly used as a promenade. The edge of The Cobb was covered with algae and extremely slippery when wet. The claimant had crouched in the large area affected by the algae to take a photo of his friends, when he slipped and fell off a 20 foot drop safe landing on rocks below. He brought an action based on the Occupiers Liability Act 1957 arguing that no warning signs were present as to the dangers of slipping.Ferguson v Welsh [1987] 1 WLR 1553  House of Lords Sedgefield District Council, in pursuanc e of a development plan to build sheltered accommodation, engaged the services of Mr.Spence to demolish a building. It was a term of the contract that the work was not to be sub-contracted out. In serious breach of this term, Mr.He brought an action against the Council, Mr. Spence and the Welsh brothers. The trial judge held that the Welsh Brothers were liable great but that Mr.Spence and the Council were not liable.

Mr. Ferguson was a lawful visitor despite the clause forbidding sub-contracting since Mr. Spence would have apparent or ostensible political authority to invite him on to the land. However, the danger arose from the unsafe system of work adopted by the Welsh Brothers not the state of the premises.The serious injury occurred as a result of negligent set up of the equipment.The equipment was provided by  a business called ‘Club Entertainments’ who were an independent contractor engaged by the Hospital. Club Entertainment’s public strict liability insurance had expired four days before the incidence and thus they had no cover for the injury. They agreed to settle her claim unlooked for ? 5,000.However, there was no breach of duty since the Hospital had enquired and had been told by Club Entertainment that they had insurance cover. There was no duty to inspect the insurance documents to ensure that cover was adequate. 4. 1.Exclusion of Liability   Ã‚  Ã‚  Ã¢ €“ s. 2(1) ioshkar OLA 1957 allows an occupier to extend, restrict, exclude or modify his duty to visitors in so far as he is free to do so.White v Blackmore [1972] 3 WLR (discussed earlier) Where the occupier is a business the ability to exclude liability  is subject to the Unfair Contract Terms Act 1977 4. 1.

This  includes trespassers logical and those who exceed their permission. Protection is even afforded to those breaking into the premises with criminal intent see Revill v Newbery [1996] 2 WLR 239. Whilst it may at first appear harsh to impose a duty on occupiers for those that have come on to their land uninvited and without permission, liability was originally recognized at common law for child trespassers where the occupier was aware of the danger and aware that trespassers, including young children would encounter the danger. British Railway Board v Herrington [1972] AC 877   overruling Addie v.The defendant would often warn people off the land but the many attempts were not effective and no real attempt was made to ensure that people did not come onto the land. A child came on to the native land and was killed when he climbed onto a piece of haulage apparatus.Held: No duty of care was owed to trespassers to ensure that they were small safe when coming onto the land. Th e only duty was not to inflict harm willfully.1 (2) OLA 1984). Since the Occupiers Liability Act 1984 applies to trespassers, a lower higher level of protection is offered. Hence the fact that  death and personal injury are the  only protected forms of damage and occupiers have no duty in relation to the property of trespassers. (S.2. 1 The circumstances giving rise to a duty of care S. 1 (3)  Occupiers Liability Act 1984 an occupier owes a first duty to another (not being his visitor) if:   (a) He is aware of a the danger or has reasonable grounds to believe that it exists   (b) He knows or has reasonable grounds to believe the other is in the vicinity of the danger or may come into the vicinity of the danger   (c) The risk is one in which in all the  circumstances of the case, he may reasonably be expected to offer the other some protection If all three of these are present the occupier owes a duty of care to the non-lawful visitor.The criteria in s.

At his trial evidence was adduced to the affect that the slipway had often been used by others during the summer months to dive from. Security guards employed by the defendant had stopped people from diving although there were no warning signs put out. The obstruction that had injured the claimant was a permanent feature of a grid-pile which was submerged under the water. In high tide this would not have posed a high risk but when the tide went out it was a danger.The trial judge found for the claimant but reduced the damages by 75% to reflect the extent to which he had failed to take care of his own safety under the Law Reform (Contributory Negligence) Act 1945. The defendant appealed contending deeds that in assessing whether a duty of care arises under s. 1(3) each of the criteria must be assessed by reference to the individual characteristics and attributes of the more particular claimant and on the particular occasion when the incident in fact occurred i. .At the time Mr.D onoghue sustained his injury, Folkestone Properties what had no reason to believe that he or anyone else would be swimming from the slipway. Consequently, the criteria set out in s. 1 (3) (b) was not satisfied and no duty of care arose.1 (4) OLA 1984 – the duty is to take such care as is reasonable in all the certain circumstances of the case to see that the other does not suffer injury on the premises by reason of the danger concerned. Revill v Newbery [1996] 2 western WLR 239 Court of Appeal Mr. Newbery was a 76 year old man. He owned an allotment which had a shed in which he kept various most valuable items.

Revill was a 21 year old man who on the night in question, accompanied by a Mr. Grainger, and went to the shed at 2. 00 am in order to break in. Mr.Both parties were prosecuted for the criminal offences committed. Mr. Revill pleaded guilty and how was sentenced. Mr.Mr. Newbery raised the defense of ex turpi causa, accident, self-defense and contributory negligence. Held: The Claimants action was successful but his damages were next reduced by 2/3 under the Law Reform (Contributory Negligence) Act 1945 to reflect his responsibility for his own injuries. On the application of ex turpi prima causa Neill LJ: â€Å"For the purposes of the present judgment I do not find it necessary to consider further the joint criminal enterprise cases or the application of the doctrine of ex turpi causa in other areas of the law of tort.Revill. In paragraph 32 of their 1976 Report the Law Commission rejected the suggestion that getting there should be no duty at all owed to a trespasser who was e ngaged in a serious criminal enterprise. Ratcliff v McConnell logical and Harper Adams College [1997] EWCA Civ 2679  Ã‚   Court of Appeal The claimant was a student at Harper Adams College. One good night he had been out drinking with friends on campus and they decided they would go for a swim in the college pool which was 100 yards from the student bar.

However, the boys did not see the signs because there was no light. The three boys undressed. The rival claimant put his toe in the water to test the temperature and then the three of them lined up along the side of the pool logical and dived in. Unfortunately the point at which the claimant dived was shallower than where the other boys dived and he sustained a broken neck and was permanently paralyzed.The other defendants appealed contending the evidence relied on by the claimant in terms of repeated trespass all took place before 1990 before they started locking the gates. Held: The appeal was allowed. The claimant was not entitled to compensation. The defendant had taken greater steps to reduce trespass by students since 1990.This was an obvious danger to which there was no first duty to warn. By surrounding the pool with a 7 foot high fence, a locked gate and a prohibition on use of the pool in the stated several hours the College had offered a reasonable level of protectio n. The duty may be discharged by giving a warning or discouraging others from taking the risk S. (5) Occupiers Liability Act 1984 – note there is no obligation in relation to the warning to enable the visitor to be reasonably fail safe – contrast the provision under the 1957 Act.3Â  Defenses Volenti non fit Injuria – s. 1 (6) OLA 1984 – no duty of care is owed in respect of risks willingly accepted by the visitor. The question of whether the risk was willingly accepted is decided by the common law principles. Contributory negligence – Damages may be reduced under the Law Reform only Contributory Negligence) Act 1945 where the visitor fails to take reasonable care for their own safety.