Thursday, October 31, 2019
South of US Essay Example | Topics and Well Written Essays - 250 words
South of US - Essay Example The combination of hot and cold weather along with abundant quantity of rain makes the region one of the best places to conduct agricultural activities. Several states are labeled under the southern region of United States, some of these states include: Maryland, Virginia, Louisiana and 14 other states that form the over all southern regions of US. These states have experienced lower rates of immigration except the state of Texas and Florida and the common population of these states includes the Scottish and Irish individuals and those who are children of the African American slaves. The total population of these states in accordance to the statistics of 2010 was 114,555,744 individuals (Bureau of Economic and Business Research, 2010). The culture experienced in these states is very different in nature as compared to the rest of the US, the specialty of food that is made in these states include: barbecue, pork and pecan
Tuesday, October 29, 2019
The Last Graduation (film) Essay Example | Topics and Well Written Essays - 500 words
The Last Graduation (film) - Essay Example To stall this eventuality in the life of a prisoner, education is the best answer. It helps his reformation and rehabilitation processes. The movie, â€Å"The Last Graduation,†directed by Barbara Zahm, makes the viewer ponder deeply about some serious issues confronting the prison administration. The 1971 uprising of the prisoners at Attica, hastened the reforms process in USA prisons, the results of which proved to be crucial in the future management of the prisons. The downward march of a prisoner in the path or criminality can be reversed to take him to the upward march and ultimately make him a worthy individual and a citizen who would contribute to the progress and prosperity of the nation. Barbara Zahm worked as an instructor in a prison college program in the early 1990s and her practical experience in the prison environment inspired her to get involved in the movie project. The graduation program in the prisons, progressed well until the 1995 National Crime Bill, gave a telling blow to the initiative and this set the right-thinking people to do something tangible to challenge the government. The movie explores the relevant issues from the introduction of higher education to the prison population to the last graduation from the Marist College program at New York’s Greenhaven Prison in 1995. The issues dealt with in the movie may not be to the liking of the general audience, which mainly seeks adventures and entertainment. Basically, prisoners do not evoke sympathy and understanding from the society; rather they are disliked, as people have a feeling that they get in the prison, what they deserve for their crimes. This is a lopsided view and indicates poor understanding about the root cause of the problem. By reforming an individual, you are reforming a generation! With the entry in to the four walls of the prison, the psychologically shaken prisoners get completely shattered and the hard core ones turn more vengeful and become stone-hearted. With
Sunday, October 27, 2019
The Language And The Gender
The Language And The Gender This study deals with the relationship between gender and language in this study we try to answer the flowing question: to what extend the differences in using prestige between male and female in Arabic language in terms of greetings, happiness, and sadness occasions? Due to this question the aim of the study is to find the reasons of differences between the two genders in Arabic language. this study find that the differences connected with female who try to add new words to their language which they connected these new words to the civilization and modern life and they try to use it out of their traditional way , in order to attract the attentions from others The samples of this study are males and females Arabic speakers. They are 10 persons, 5 males and 5 females native speakers of Arabic language. The questionnaire instrument is used in this study in order to take valued information. The questionnaire encompasses the terms of greetings, happiness and sadness occasions. It also in cludes other information such as gender, and age. Key words: male, female, prestige, sociolinguistic. 1.0 Introduction Language and gender research began in early 20th century. Language gender research concerned with male and female differences in their way of speaking. The study of language and gender related to sociolinguistics, this field mainly interests to study language in social context , in social context we can recognize that the speakers within same language used different ways of speech these ways different in term of gender, age, ethnic and social class; this is what we may call it social variation. The concept of prestige in sociolinguistics is related to standard language so according prestigious, dialect is likely to be considered the standard language. Many researcher deals with sociolinguistics studies and concern in language and gender Coates (1993) he recognized that female in speech community try to use a high degree of prestige than male. (Lakoff, 1975), the men use words like (damn, more than women (oh dear, goodness). Malkawi (2011) found that the females in order to attract t he attention they avoid using old words. Scherer (1979), states that the women consciously employ the use of more socially prestigious speech than men, while men tend to use more forceful speech than women. Women tend to use prestige in her language more than men do. Women use standard prestige norms while men used vernacular prestige norms. In general non standard language is low-prestige while standard connected to high- prestige but it is undesirable in many contexts. This study focused on sociolinguistic work through concentrate on the vernacular Arabic language when highlighted to find the differences between males and females in terms of greetings, happiness, and sadness occasions. This study dealt with linguistic variation in term of gender to find out the kind of prestige used by Arabic males and females in terms of greetings, happiness and sadness occasions. In this study we try to find out the answer to research question: Are there any differences in the talk of Arabic males and females in terms of greetings, happiness, and sadness occasions? In order to answer this question, the questionnaire instrument is used in this study in order to get valued information. The questionnaire encompasses the terms of greetings, happiness and sadness occasions. It also includes other information such as gender, age and etc. The samples of this study are males and females Arabic speakers. They are 10 persons, 5 males and 5 females native speakers of Arabic language. Above all we can attributed the differences between male and female may belong to the desire of women to use Words which are related to prestige in order to attract attention and most women Believes that the use of prestigious words in speech are more civilized than use The ordinary one. In sociolinguistic the concept of prestige refers to positive or negative values choose by the speaker in other word the speakers choose consciously or subconsciously when they make the speech act. Sociolinguistic Sociolinguistics is of the most important branches of modern linguistics .it deals with the study of language affected by social relations. Sociolinguistics includes pidgin, bilingualism and Creole languages .It refers to language variation, and language variation focuses on language different in contexts, where context refers to social class, age, gender, ethnicity, geography. In 1960 many researches in sociolinguistic focuses on the relationship between language and social structure and the relationship between language and gander. Sociolinguistics interests on language in the social context and language in the social context focuses on the linguistics norms and variations. Speakers who differ from each other in age, social class, and ethnic group will differ from each other in their speech and this is called social variation. Sociolinguistics is applied toward the different social situations and analysis the way that female and male speak to each other so , sociolinguistic we can say is a science that provide us with a brief description about the realities of human speech and how we can through a specific dialect describes the relation between language and age, sex and social function of a language . Studies in the field of sociolinguistics generally assesses the reality by taking a sample of people and interview them, typically it studies the variation of language and based on dialect in specific society. Sociolinguistic concern with grammatical and phonological features so, Variation in language connected with gender, male and female tend to use different styles female tend to use a particular style in her speaking more than male do. Gender with language The area of study gender and language connected with sociolinguistics. It investigates the speech varieties associated with gender and sometimes this kind of studies is called a genderlect. Dr. Adelaide Haas of the State University of New York in 1979 she observed general differences between male and female linguistic style. She made several observations and according to the results she found women tend to use standard English and non directive language while men used non- standard and directive language .women prefer to talk about her family and home while most men prefer talked about business, money and sports it is also found gender language from generation to generation that is means the age will also different in using language from one age to another. the differences between gender because the girls and boys socialized differently so according to this fact language different between gender, women always in her conversation try to make suggestion while men prefer to give commands, typically it is found that women used more emotion in her way of speaking than men do , also women focus on her feelings in her life while men focus on power in his life. Lakoff (1975) states that women try her possible to talk as a respected lady, comparing to men, women tend to use more hedges, intensifiers , a lot of polite forms and questions intonations. 1.3 Prestige Dialects are mainly related to the concept of prestige within a society. Usually, the standard dialect is associated with prestige in the society but thats not mean all prestigious people must speak the standard but there are factors to prestige with non standard dialects and by group may develop a prestige factors. The prestige concepts: Overt Prestige: refers to speakers of non-standard varieties who adopt the standard variety. The speakers are associate themselves with the general prestigious dialect within a society. Covert Prestige: This refers to speakers who not adopt a standard dialect. The speakers in convert prestige are associated with what they gained from group in social identification. So, overt prestige is assimilate standard, while convert prestige refers to assimilate non standard. The concept of prestige in sociolinguistics is related to standard language so according prestigious, dialect is likely to be considered the standard language but in other hand non standard may also refers to prestige factors and the creative of prestige factors by non standard group. In general prestige means a specific prestige dialect used by people in their way of speaking, it represent the language community , prestige dialects are associated with greater social, political, and economic power, sometimes people who speak prestige dialect are generally considered well-educated. but is that mean who does not speak a prestige dialect is uneducated according to preceding studies they found the people who didnt speak prestige dialect is may face difficulties in their academic community or social difficulties which effected directly in their way of speaking in other hand factors to prestige with non standard dialects may developed by group as prestige. We can say a prestige differ from state to state for example modern standard Arabic which is considerd high prestige it is used of social and political Arabic media in order to accessible a large number of Arabic people but it is not used as a conversation in their daily life and if someone speak a standard Arabic in streets people will laugh about it so according to Arabic language standard is not prestigious unlike English or French language which they considerd the standard as prestigious so prestige dialects differ from language to language . 2.0 Data for study: The aim of this study is to find the differences between Arabic males and females in terms of greetings, happiness and sadness occasions. The samples of this study are males and females Arabic speakers. They are 10 persons, 5 males and 5 females native speakers of Arabic language. 4.0 Research in the field: Ferguson (1959), states that sociolinguistics of Arabic language began as an academic unit and it has two discriminative varieties. These varieties are the high and the low ones. As for the high variety, it is related to the classical Arabic which is used in formal occasions and religious functions. The low variety is used in everyday communications between for instance, friends, and home. Sociological studies have shown that women are more likely to use linguistic forms thought to be better or more correct than those used by men. Trudgell (1983) provides an important reason for this. According to him, women are more conscious than men, therefore, they are more sensitive to linguistic norms. Lakoff (1975) states that due of the low states of women and the pressure upon them to talk as a respected lady, comparing to men, women tend to use more hedges, intensifiers , a lot of polite forms and questions intonations . Prestige is in two types. Overt type is seeking a prestige by assimilating to the standard language. Covert type is choosing not to talk in the standard, Manue and Campoy (2009). According, Coupland (1997) mentions that women prefer to use an overt standard prestige. However, men favor to use covert vernacular prestige. Coates (1993) states that female speakers tend to use a higher rate of prestige than male speakers in different speech communities. In other words, the prestige norms seem to have a great influence on women than on men. In addition, Sociolinguistics literature reveals that women employ and adopt the speech of rich people more than men do where the difference between rich and poor people speech is in standard language and dialect one, Angle and Biber (1981). According to Lackoff (1973), in the case of gender, women are expected not to use strong insults and expletives such as damn the same as men do, while they are encouraged to use weaker ones like oh dear. Therefore, women have to change or substitute the strong insults with weaker ones. Scherer (1979), states that the women consciously employ the use of more socially prestigious speech than men, while men tend to use more forceful speech than women. Abu-Haidar (1989) investigated the occurrence of prestige in the spoken Arabic language in Baghdad, Iraq. Her study reveals that prestige is attributed to the standard Arabic language rather than the vernacular one. She adds that women tend to favor this variety. On the other hand, in the case of the Iraqi society as claimed by Jaber and Krishnasamy (2012), female prestige is associated with the meaning of the words not with the standard language. Rather, men tend to use the standard features more women. In a study was made on the Jordanian society, Malkawi (2011) found that the females respondents in her study avoid using old words when they want to attract the attention Females and males tend to use more prestigious words rather than the ancient ones. As noticed by Bassiouney (2010), educated men and women in Egypt tend to talk in standard language because they think that it is more civilized than the dialect one. On the other hand, the uneducated women use the urban variety rather than the rural one for it is more prestigious as they think. Arafa and Al-Ali (2010) proposed that females in Jordan adopt the urban non local varieties which are considered as civilized varieties, while males tend to use the local ones. As they state, the adoption of the varieties by both males and females are not arbitrary. Rather, it is limited to gender motivations and social expectations Gordon in (1997) clarifies the reasons behind using a more prestigious language by women in the New Zealand society. He says that the usage of this prestigious language by women in New Zealand is a stereotype. According to his, it is a stereotype for it explains the avoidance of middle class females against the lower class females. Publications: Who Practitioners in the field / lineage of the thought (others working in the area) What are the landmark studies? What are the theoretical and empirical contributions of the research area? 6.0 Implications of the study: We can summarize the implication of this study: 6.1 Purpose of the study The purpose of this study is to find the differences between Arabic males and females in using prestige in terms of greetings, happiness and sadness occasions. 6.2 Main Objective: The study of sociolinguistics concentrates on language in the social context. Studying language in the social context focuses on the linguistics norms and variations. Speakers who differ from each other in age, social class, and ethnic group will differ from each other in their speech and this is called social variation. As for this study, it will focus on the linguistic norms and variations related to the gender of the speaker. More specifically, this study aims at studying the differences in speech between Arabic males and females in relation to their gender. 6.3 Findings: Male Female Results Greeti ngs happiness sadness occasions 6.4 Limitation of the study This study limited on small group who consist from Arabic male and female in order to discover the differences between Arabic males and females in using prestige in terms of greetings, happiness and sadness occasions. 6.5 Conclusion This study tries to investigate the differences between Arabic males and females in terms of greetings, happiness and sadness occasions. According to the data analysis in this paper found that the female try to use a high level of prestige she try to use modern words and tries as possible to exclude the old words in order to attract attention while mail try to use medium level of prestige but also it is found that male tend to use modern prestige words than the old words.
Friday, October 25, 2019
Biology Coursework: The effect of Trypsin on Gelatine. :: essays research papers
Implementing: - 1.     First, I gathered the necessary equipment:  §Ã‚     Thermostatically controlled water baths  §Ã‚     Ice  §Ã‚     Thermometer  §Ã‚     Stop watch  §Ã‚     Test tubes  §Ã‚     Photographic film (b/w)  §Ã‚     Syringe  §Ã‚     Test tube rack  §Ã‚     Ruler  §Ã‚     Scissors  §Ã‚     O.1% trypsin made in pH7 buffer solution  §Ã‚     Mounted needle 2.     I then decided on the range of results and temperatures I was to investigate. I decided to observe 20 º, 30 º, 40 º, 50 º, 60 º, 70 º and 80 º. 3.     Next, I label each test tube with the temperature to be investigated and then added 2.5cm3 of Trypsin solution. 4.     I ensured that I cut the necessary pieces of film using a ruler and a pair of scissors. I cut pieces that were 2cm in length, and 1.6cm in width each. 5.     The only water baths of my choice that were running were at 30 º and 60 º. I therefore had to use the Bunsen burner etc. for the rest of the temperatures (excluding 20 º). I kept each test tube heated for 5 minutes. 6.     I added the photographic film pieces just before I placed the test tubes in the water baths/ Bunsen burners, and ensured that they submerged fully before I began timing. 7.     I carefully and frequently examined each test tube for the time that the film became transparent and listed the result Results: - Temperature ( ºC)     20     30     40     50     60     70     80 Time taken (minutes)     23:38     16:37     6:06     6:40     7:53     8:24     10:15 Time taken (seconds)     1418     997     366     400     473     504     615 Rate of Reaction -(1/time in mins) 4.d.p     0.0426     0.0606     0.1667     0.1538     0.1250     0.1176     0.0976 It is evident from the graph and the table above, that as the temperature is increased, the amount of light passing through the tested solutions is decreased, and therefore the amount of pigment released from the beetroot samples is increased. The results produce a graph with negative correlation, a curve that has a negative gradient. The graph shows that as the temperature is increased, the colorimeter reading is decreased. The structure of my results proves my theory correct. The increase in temperature breaks bonds in the (mainly intrinsic) proteins in the cell membranes of the beetroot cells. The tonoplastis a membrane that holds the pigment, when this is affected, the pigment escapes and is released into the cytoplasm. When the outer cell membrane is denatured, the pigment is transferred into the solution. The tonoplastis a membrane that holds the pigment, when this is affected, the pigment escapes and is released into the cytoplasm. When the outer cell membrane is denatured, the pigment is transferred into the solution. The tonoplastis a membrane that holds the pigment, when this is affected, the pigment escapes and is released into the cytoplasm. When the outer cell membrane is denatured, the pigment is transferred into the solution. The diagram above supports my theory.
Thursday, October 24, 2019
How Women are portrayed in Death of a Salesman Essay
Linda Lowman is a woman who seemed to be taken for granted in the Lowman household but that did not mean she was powerless. â€Å"The Great Depression reinforced female domesticity†, which was clearly shown in Death of a Salesman by Arthur Miller through Linda (Koenig 1). In the time period that this play took place women did not know any other life than to stay at home and tend to their families. This being the case, Linda took care of the home but was not at all powerless because she dealt with all of Willy’s problems and held the family together. Miller portrays Linda as a woman who is submissive to her husband, which exemplifies that he is an anti feminist. The ‘other woman’ in the play is also negatively portrayed as a stereotypical bimbo. Throughout the play, Miller depicts Linda as powerless and highly dependent on Willy but by digging deeper into her actions, one can see is the backbone to the family. â€Å"†¦bore the cross of reality for them all, supporting her husband, keeping up her calm, enthusiastic smile†¦Ã¢â‚¬ (Bigsby viii). Linda is portrayed by Miller as a very weak individual mainly by how Willy speaks to her. In one particular example Willy loses his temper at Linda and says, â€Å"Shut up!†¦shut up!†¦there’s nothing wrong with him!’, which leaves Linda in tears (Miller 27). The abuse that Willy exerts on Linda is not to be taken as a representation of how he actually views women. But rather, Miller makes statements which show how highly he thinks of Linda such as: â€Å"Linda is tough. She is a fighter. Willy is prone to bully her, cut off her sentences†¦this is a woman who has sustained the family when Willy has allowed fantasy to replace truth, who has lived with the knowledge of his suicidal intent, who sees through her sons’ bluster and demands their support†(Bigsby xix). The description that Miller just gave of Linda exemplifies her as a very independent, strong, loving woman who will do anything to keep her family together. Although Miller depicts Linda as a strong woman in the play; the movie, shows otherwise. During the movie it seems that Willy is not only emotionally, but physically abusive to Linda. This may be the reason that Linda is so loyal to Willy; out of fear instead of love (Schlondorf). By Linda staying with Willy even throughout physical abuse is showing that Miller feels as though women aren’t independent or strong enough to leave their husbands and the men receive a sense of empowerment through dominion over women, â€Å"The woman makes him feel he is an important salesman and powerful man†(Ribkoff 123). This negative connotation towards women shows that Miller is an anti feminist. Aside from Linda Lowman, another woman in the play is depicted in a negative, stereotypical way. Towards the end of the play we discover that Willy has been cheating on Linda with the ‘other woman’. Stereotypically, the ‘other woman’ is considered a whore and usually dumb or ditzy. The woman laughing gaily constantly represents the idea that she is considered to be dumb, for example: [The WOMAN enters, laughing†¦] Willy: â€Å"Will you stop laughing? Will you?†(Miller 91). The movie shows this woman as a young, blonde, attractive woman who seems very ditzy and carefree. This portrayal of the woman is very stereotypical of ‘bimbos’ and women who would sleep with a married man. Miller is creating a picture of this woman through the play and movie, which is quite negative towards women. The way he views women is clear; stupid, dependent, and promiscuous, although at times he seems to depict the women in the play as strong individuals. It is surprising that Willy engages in this verbal abuse towards Linda in the company of others. On many occasions Biff and Happy have been present to hear Willy put down and yell at their mother. After repeatedly being told to stop by Biff it seems Willy will eventually give in and the attacks will subside. Out of the two brothers Biff is the only one who says anything to Willy and stands up for his mother. When Wily finds out that Biff is going to try and start a business he is overjoyed until Linda chimes in as well and tries to put in her two sense. â€Å"Don’t yell at her, Pop, will ya?†¦I don’t like you yelling at her all the time, and I’m tellin’ you, that’s all. Stop yelling at her!†is an example of how Biff stands up for Linda and is bothered by how she is treated. Biff can differentiate between what his father thinks is the right thing to do, and what is actually the right thing to do. He knows he isn’t perfect, but he admits to his mistakes and learns form then, unlike his father, Willy, â€Å"But unlike his father, he faces, and learns from his shame†(Ribkoff 124). When Miller adds parts where men stand up for women it in unclear how he feels about feminism. From this example of Biff standing up for Linda it seems he is pro feminist but on the other hand, the way he describes the women in the play makes one think otherwise. Happy on the other hand does not say anything throughout this argument or others like it. Even though Willy yells at Linda quite often she does not defend herself. Maybe the reason she is not fighting back when being verbally abused is not because she is a doormat but because she is so exhausted from caring for everything else. This is an example of how Linda can be seen as powerless. In the introduction Rhoda Koenig describes Linda Lowman as â€Å"a dumb and useful doormat†and does not stand up for herself (Bigsby xix). Linda has a lot on her plate between her husband losing touch with reality, her son’s not having solid jobs and the lack of money in their household. She deals with all these tough situations very well and does not even put up a fight when she is yelled at by her husband. Linda manages to stay collected for the most part even though she holds very heavy burdens. She decides to release one of her burdens on Biff when she tells him about his father: â€Å"He’s been trying to kill himself†¦the insurance inspector came†¦all those [car] accidents in the last year weren’t accidents†¦I went down to the cellar. And behind the fuse box- it just happened to fall out- was a length of rubber pipe- just short. And sure enough, on the bottom of the water heater there’s a new little nipple on the gas pipe†(Miller 43). Knowing your husband has plans or had plans to kill himself can obviously take a large toll on someone but Linda keeps it together. She has so much love for Willy that she puts up with everything that is going on. She tells him he can be the best and tells him she believes in him, whether she believes it or not. Aside from her husband, Linda has to deal with Biff not having a job and Willy and Biff arguing all the time. Biff does not want to become a salesman because he would rather be outdoors and this causes a lot of conflict between him and his father. Although he was not getting as many perks as he would being a salesman he was still doing what he loved. â€Å"To suffer fifty weeks of the year for the sake of a two-week vacation, when all you really desire is to be outdoors, with your shirt off†(Miller 11). Willy cannot understand why Biff would not want to be a salesman and resents the fact that he has not been very successful. Laundry, mending stockings, worrying about bills, and groceries are a few of the things Linda Lowman does on a daily basis. These tasks are assumed to be the role of a housewife, which is another example of how Miller sees women. It is clear that in the Lowman household, Linda is responsible for all the household responsibilities, which at that time became quite common: â€Å"As men’s share in domestic activity began to disappear, housework truly became ‘women’s work'†(Leonard 307). Willy Lowman does go out and work throughout the day, but barely, while Linda is taking care of many responsibilities. It is clear that Miller feels the woman should be staying at home and taking care of the entire house as well as tending to her husband’s needs. Linda is always trying to please Willy by saying things like; â€Å"I’ll make you a sandwich†¦the cheese is on the middle shelf!†and making sure he is completely satisfied. During the play, Linda always seems to be mending stockings, which is also stereotypical behavior of a housewife. Willy gets very angry when he sees her mending stockings because he feels so guilty about the ‘other woman’. When him and the woman have their encounters he always seems to give her a pair of stockings, â€Å"†¦and thanks for the stockings†, which has occurred twice in the play (Miller 26). Willy goes off to work and Linda takes care of the house, worries about the money and makes sure she is completely devoted to Willy when he gets home. Miller seems to have a traditional view when dealing with the roles of women and men in the family. It seems like Miller is a closet pro feminist from time to time throughout the play. Although most of his portrayals of women are negative and very stereotypical, there are certain instances where he leans in the opposite direction. For example, when Biff stood up for Linda as Willy was yelling at her; that showed that Miller felt Linda should have been stood up for. The negative connotations towards women in this book do not equate to the pro feminism examples throughout the book. It is tough to evaluate how Miller really feels about women and their place in the household, workplace and their general personalities. Works Cited Bigsby, Christopher. â€Å"Introduction†. New York: Penguin Group, 1998 Koenig, Rhoda. â€Å"Seduced by Salesman’s Patter†. The Sunday Times. London, October 26, 1996, 10.4. Leonard, Eileen B. â€Å"Household Labor and Technology in a Consumer Culture†. Composing Gender. Boston: Bedford, 2009. Miller, Arthur. Death of a Salesman. New York: Penguin Group, 1976 Schlondorf, Volker, dir. Dofas. Perf. Dustin Hoffman, Kate Reid, John Malkovich. VHS. Lorimar Home Video, 1986.
Wednesday, October 23, 2019
Conflicts of Law Course Outline
2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. INTRODUCTION 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Reasons for the basis of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). JURISDICTION 1. Preliminary Issues Patel v Singh (No 2) (1987) KLR 585 2. Common Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Union Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times†6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams & Glyn`s v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defence of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton`s Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab & Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Ocean Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. A Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown & Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) `Independent` 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration Act (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Storage Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn & Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline & French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v Lee Ku i Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline & Bloch (No. 2) (1984) `Times` 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Statutory Position Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell`s ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or proper party: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Services (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on proper law of contract, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of estates, probate: (j)Enforcement of judgement and awards 4. Brussels Convention (a)Objectives; comparison with common law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: arts 2, 3) LTU v Eurocontrol (1 976) ECR 1561; Bavaria & Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of application: civil and commercial matters (art. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Exceptions: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see also The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): i) General rule: domicile of defendant (art 2); definition: (arts 2-3 The Deichland (1989) 3 W. L. R. 478 i) Special (concurrent) jurisdiction (Arts. 5-6) especially 1. Contract: place of performance of obligation: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) `Times` 24 October; Medway v Meurer (1990) `Time s` 7 May 2. Tort: where the harmful event occurred: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) `Times` 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Minister Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, agency etc: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert & Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) `Times`12 January. 4. Insurance (arts. 7-12); Consumer Contracts (arts. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive jurisdiction (art 16) especially: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) `Times` 5 September. 2. Companies or Legal Persons 3. Enforcement of judgment iv) Submission v) Contractual agreement (art 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other submission (art. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Berghoefer v A. S. A. (1986) 1 CMLR 13; The Sidney Express (1988) 2 L1. R. 257. vi) Scrutiny of jurisdiction and admissibility (arts. 19-20) ii) Lis pendens – related action (arts. 21-23) The Nordglimt (198) Q. B. 183; The Linda (1988) 1 L1. R. 175; Gubisch Maschinenfabrik v Palumbo (1988) `Times` 12 January; Kloeckner v Gatoil (1990) 1 L1. R. 177; Berisford v New Hampshire; (1990) 2 All E. R. 335. viii) Provisional and protective measures (art. 24) CHOICE OF LAW 1. General Considerations Reading list: Kahn- Freund, General Problems of Private International Law Leyden, 1976 and 1980, 89-101 Wolff, Private International Law, 2nd ed, 96ff. Forsyyth, Private Interational Law, (first edition) Juta & co, 1981, 5-7. (2nd edition, 1989, pages 4-8) a)The History of the choice of law rule Lipstein, `Principles of the conflict of laws, National and International’ 1981, 1-46. Cheshire, op cit, chapter 2. Kahn-Freund, op cit, 97-101 Forsyth, 20-57. (b)Pleading Foreign Law The Evidence Act, section 60 A. G. of New Zealand v Ortiz (1984) A. C. 1 Vervaeke v Smith (1983) 1 A. C. 145 (c) Renvoi Kahn-Freund, op cit, 285-291. Anton, 55ff Morris, 469-480 Cheshire, 57ff Forsyth, 68-78. Munro, `The Magic Roundabout of Conflict of Laws’ 1978 Juridicial Review 65 Hicks, `The Lair Paradox in Legal Reasoning’ 1971 CLJ 275 at 284 and 289. In re Annesley: Davidson v Annesley [1926] ch 692 In re Ross, Ross v Waterfield [1930] 1 ch 377 Collier v Rivaz (1841) 2 Curt 855 Re Askew [1930] 2 ch 259 Re O’Keefe [1949] ch 124 Re Trufort (1887) 36 ch D 600 R v Brentwood Superintendent Registrar of Marriages, ex parte Arias [1968] 2 QB 956 Amin Rasheed Shipping Corporation v Kuwait Insurance Co [1984] AC 50 (d)The incidental question Kahn- Freund, op cit, 291-294. Morris, op cit, 489-492. Cheshire, Private International Law, 53ff. Forsyth, op cit, 2nd ed, 78-81. Gotlieb, `The incidental question revisited- theory and practise in the conflict of Laws’ (1977) 26 ICLQ 734. Schwebel v Ungar (1926) 42DLR (2d) 622 affd (1964) 48 DLR (2d) 644 Lawrence v Lawrence [1985] Fam 106 (e) Characterisation Kahn-Freund, op cit, 223-241 Cheshire, op cit, 43-52. Morris, op cit, 481-488 Falconbridge `Conflicts Rule and Characterization of Question’ (1952) 30 Canadian Bar Review 103 and 264. Anton,op cit 43ff Forsyth, op cit. , 59-69 Forsyth, `Extinctive Prescription and the Lex Fori’ (1982)99 SALJ 16 Forsyth, `Characterization etc’ (1987) 104 SALJ 4 Bennett, `Cumulation and Gap: Are they systemic defects in the conflict of Laws? ’ (1988) 105 SALJ 444 Ogden v Ogden [1908] p 46 Huber v Steiner (1835) 2 Bing NC 202 Re Maldonado [1954] p 223 Re Cohn [1945] ch 5 In re State of Norway’s Application (No 2) [1989] 1 ALL ER 701 (CA) and 745 (HL) (f)Domicile and Residence Morris, Ch. 2; Cheshire Ch. 9; Collier, Ch. 5; Dicey Ch. 7. Law of Domicil Act Cap 37 (i)Definition Whicker v Hume (1858) 7 H. L. C. 124; Gatty v A-G. (1951) P. 144; Udny v Udny (1869) L. R. 1 Sc. & D. 441; Re Annesly (1926) Ch. 692. (ii)Domicile of Origin Udny v U. ; Urquhart v Butterfield (1887) 37 Ch. D. 357; Re McKenzie (1951) 51 S. R. N. S. W. 293; Henderson v H (1967) P. 77; Re Jones 192 Iowa 78 (1921). (iii)Domicile of Choice Schiratti v Schiratti (1978) K. L. R 128; White v Tennant 31 W, Va. 790 (1888) ; Re Fuld (No. 3) (1968) P. 675; Bell v Kennedy (1868) L. R. 1 Sc. Div. 307; Winans v A-G (1904) A. C. 287; Ramsey v Royal Liverpool Infirmary (1930) A. C. 588; Ross v Ross (1930) A. C. 1; Buswell v I. R. C. (1974) 1 W. L. R. 1631; I. R. C. v Bullock (1976) 1 W. L. R. 1178. Puttick v A. G. (1980) Fam. 1. Re Furse (1980) 3 All E. R. 838. Brown v B. (1982) 3 F. L. R. 212; Re Clore (1984) S. T. C. 609; Cramer v C (1987) 1 F. L. R. 116; IRC v Plummer (1988) 1 W. L. R. 292; Re Lloyd Evans (1947) Ch 695; Tee v Tee (1973) 3 All. E. R. 1105 iii) Special Cases 1. Naturalisation: Wahl v A-G. (1932) 147 L. T. 382; Re Fuld. 2. Deportees: Boldirini v B. (1932) P. 9; May v May (1943) 2 All E. R. 146; Szechter v S. (1971) P. 286; Zanelli v Z (1948) 64 T. L. R. 556; Cruh v C (1945) 2 All E. R. 545. 3. Fugitives and Refugees: Re Martin (1900) P. 211; De Bonneval v D. B. (1838) 1 Curt. 856; Re Lloyd-Evans (1947) Ch. 695; May v M. 4. Invalids: Hoskins v Matthews (1855) 8 D. M. & G. 13; Re James (1908) 98 L. T. 438. 5. Servicemen: Sellars v S. 1942 S. C. 206; Donaldson v D. (1949) P. 363; Cruishanks v C. (1957) 1 All E. R. 889; Stone v S. (1958) 1 W. L. R. 1287. 6. Abandonment: In b. Raffenel (1863) 3 S. W. & Tr. 49; Zannelli v Z. ; b (1968) 1 ALL E. R. 49; Tee v Tee (1974) 1 W. L. R. 213. (iv)Domicile of Dependancy (see 37 M. L. R. 179) 1. Married Women: A-G. for Alberta v Cook (1926) A. C. 444; Re Scullard (1957) Ch. 107; Domicile and Matrimonnial Proceedings Act 1973, s. 1. Puttick v A-G (1980) Fam. 1. Oundian v O. (1980) Fam. L. R. 198. IRC v Portland (1982) Ch. 314. 2. Children: Johnstone v Beattie (1843) 10 Cl. & F. 42; Harrison v H. (1953) 1 W. L. R. 865; Potinger v Wightman (1817) 3 Mer. 67; Re Beaumont (1893) 3 Ch. 490; Hope v H. (1968) N. Ir. 1; Shanks v S. 1965 S. L. T. 330; Domicile Act, 1973 ss. 3, 4. 3. Insane Persons: Urquhart v Butterfield; Crumpton`s Judicial Factor v Finch-Noyes 1918 S. C. 378; Sharpe v Crispin (1860) L. R. 1 P. D. 611 (v)Residence 1. Habitual Residence: Cruse v Chittum (1974) 2 All E. R. 940; 24 I. C. L. Q. 1. ; Kapur v K. (1984) F. L. R. 920. 2. Ordinary Residence: Levene v I. R. C. (1928) A. C. 217; Hopkins v H. (1951) P. 116; Stransky v S. (1954) P. 248; Lewis v L. (1956) 1 W. L. R. 200. Re P (GE) (An Infant) (1965) Ch. 568. R v Barnet L. B. C. ex. P. Nilish Shah (1983) 2 A. C. 309. (vi)Corporations 1. Status National Bank of Greece and Anthens v Metliss (1958) A. C. 509; Adams v National Bank of Greece S. A. (1961) A. C. 225. 2. Domicile and Residence Ridsdon Iron and Locomotive Works v Furness (1906) 1 K. B. 49; Cesena Sulphur Co. v Nicholson (1876) 1 Ex. D. 428; De Beers Consolidated v Howe (1906) A. C. 455; Egyptian Delta Land & Co. v Todd (1929) A. C. 1; Swedish Central Rly v Thompson (1925) A. C. 495; Unit Construction Co. v Bullock (1960) A. C. 351; Gasque v I. R. C. (1940) 2 K. B. 80;. Shah v Barnet London Borough Council (1983) 1 All. E. R. 226; Kapur v Kapur (1985) Fam Law. Rep. 22 2. Substantive Choice of Law Rules (a)Marriage Bishop, `Choice of Law of Impotence and Wilful Refusal`, (1978) 41 MLR 512. Carter, `Capacity to Remarry After Foreign Divorce`, (1985) 101 LQR 496. Fentiman, `The Validity of marriage and the Proper Law`, (1985) CLJ 256. Hartley, `Polygamy and Social Policy`, (1969) 32 MLR 155; `The Policy Basis of the English Conflict of Laws of Marriage`, (1972) 35 MLR 571. Jaffey, `The Essential Validity of Marriage in the English Conflict of Laws`, (1978) 41 MLR 38; `The Incidental Question and Capacity to Remarry`, (1985) 48 MLR 465. North, `Development of Rules of Private International Law in the Field of Family Law`, (1980) I Recueil des Cours 17. Poulter, `Hyde v Hyde – A Reappraisal` (1976) 25 ICLQ 475. Smart, `Interest Analysis, False Conflicts and the Essential Validity of Marriage`, (1985) 14 Anglo-Amer L Rev 225. Stone, `Some Aspects of Fundamental Rights in the English Conflict of Laws` in Bridge et al (eds) Fundamental Rights (1973) London, Sweet & Maxwell, pp 232, 246-7; `Capacity for Polygamy – Judicial Rectification of Legislative Error` (1983) Fam Law 76. Brook v Brook (1861) 9 HL Cas 193 De Reneville v de Reneville (1948) P 100 Cheni v Cheni (1965) P 85 Lawrence v Lawrence (1985) 2 All E. R. 733 Re Paine (1940) Ch 46 Sottomayer v De Barros (No 2) (1879) 5 PD 94 Ogden v Ogden (1908) P 46 Vervaeke v Smith (1981) 1 All ER 55 Mohammed v Knott (1969) 1 QB 1 Pugh v Pugh (1951) P 482 Radwan v Radwan (No 2) (1972) 3 All ER 1026 R v Brentwood Marriage Registrar (1968) 3 All ER 279 Schwebel v Ungar (1964) 48 DLR (2d) 644 Breen v Breen (1964) P 144 Schezter v Schezter (1971) P 286 Way v Way (1950) P 71 Ponticelli v Ponticelli (1958) P 204 Berthiaume v Dastous (1930) A C 79 Starkowski v AG (1954) AC 155 Lodge v Lodge (1967) 107 Sol Jo. 437 Tackzanowska v Tackzanowski (1957) P 301 (b)Matrimonial Causes Forsyth, `Recognition of Extra-Judicial Divorces: The Transnational Divoce`, (1985) 34 ICLQ 398. Jaffey, `Vervaeke v Smith`, (1983) 32 ICLQ 500. Karsten, `Recognition of Non-Judicial Divorces`, (1980) 43 MLR 202. McClean, Recognition of Family Judgements in the Commonwealth (1983) London, Butterworths. North, The Private International Law of Matrimonial Causes in the British Isles and the Republic of Ireland (1977) Amsterdam, North-Holland Publishing Co. Stone, `The Recognition in England of Talaq Divorces`, (1985) 14 Anglo-Amer L Rev 363. Young, `The Recognition of Extra-Judicial DIvorces`, (1987) 7 LS 78. Schiratti v Schiratti (1978) K. L. R 128 Le Mesurier v Le Mesurier (1895) AC 517 Armitage v AG (1906) P 135 Indyka v Indyka (1969) 1AC 33 Re Meyer (1971) P 298 Salvesen v Australian Propety Administrator (1927) AC 641 Re Edgerton's Wills Trust (1956) Ch 593 Duke of Malborough v AG (1945) Ch 78 Cooper v Cooper (1888) 13 App Cas 88 Callwood v Callwood (1960) AC 659 Harvey v Farnie (1882) 8 App Cas 43 Travers v Holley (1953) P 246 Quazi v Quazi (1980) AC 794 Bater v Bater (1906) P 209 Kendall v Kendall (1971) 1 All ER 378 Merker v Merker (1963) P 283 Re Bankes (1902) 2 Ch 333 Re De Nichols (1900) 2 Ch 410 De Nichols v Curlier (1900) AC 21 (c) Contracts Cheshire, International Contracts (1948). Fletcher, Conflict of Law and European Community Law, Amsterdam, North-Holland Publishing Co, Chapter 5. Jaffey, `Essential Validity of Contracts in the English Conflicts of Laws`, (1974) 23 ICLQ 1; `Offer and Acceptance and Related Questions in the English Conflict of Laws` (1975) 24 ICLQ 603; `The English Proper Law Doctrine and the EEC Convention`, (1984) 33 ICLQ 531. Lasok and Stone, Conflict of Laws in the European Community (1987) Abingdon, Professional Books, Chapter 9. Libling, `Formation of International Contracts`, (1979) 42 MLR 169. Mann, `The Proper Law of the Contract`, (1950) 3 ICLQ 60 and 597; `Proper Law and Illegality in Private International Law` (1973) 18 BYIL 97. Morris, `The Proper Law of a Contract: a Reply`, (1950) 3 ILQ 197. North, `Varying the Proper Law`, in Multum non Multa, Festschrift for Kurt Lipstein (1980), Heidelberg, Muller, p 205. Pierce, `Post-Formation Choice of Law in Contract`, (1987) 50 MLR 176. Karachi Gas Ltd. v Issaq (1965) E. A. 42 Bonython v Commonwealth of Australia (1951) AC 201 Amin Rasheed Case (Supra) Campagnie D'Armement Maritime SA v Cie Tunisienne de Navigation SA (1971) AC 572 Broken Hill Pty Co Ltd v Xenakis (1982) 2 Ll Rep 304 Royal Exchange Assurance Corp v Sjofarsakrings Akt Vega (1902) 2 KB 384 The Adriatic (1931) P 241 Sayers v International Drilling Co NV (1971) 3 All ER 163 Rossano v Manufactures Life Assurance Co (1963) 2 QB 352 Coast Lines Ltd v Hudig and Veder Chartering (1972) 2 QB 34 Vita Food Products Inc v Unus Shipping Co Ltd (1939) AC 277 The Iran Vojdan (1984) 2 Ll Rep 380 The Mariannina (1983) 1 Ll Rep 12 De Dampierre v De Dampierre (1987) 2 All. E. R. 1 (d)Torts Briggs, `What Did Boys v Chaplin Decide? `, (1983) 12 Anglo-Amer L Rev 237. Carter, `Torts in English Private International Law`, (1981) 52 BYIL 9. Fawcett, `Policy Considerations in Tort Choice of Law`, (1984) 47 MLR 650. Jaffey, `Choice of Law inTort: A Justice-Based Approach`, (1982) 2 LS 98. Karsten, `Chaplin v Boys: Another Analysis`, (1970) 19 ICLQ 35. Kahn-Freund, `Delictual Liability and the Conflict of Laws`, (1968) II Recueil des Cours, 5. Law Commission Working Paper No 87, `Choice of Law in Tort` (1984). Lasok and Stone, Conflict of Laws in European Community (1987) Abingdon, Professional Books, Chapter 9. McGregor, `The International Accident problem`, (1907) 33 MLR 1. Morris, `Torts in the Conflicts of Laws`, (1949) 12 MLR 248; `The Proper Law of a Tort` (1951) 64 Harv L Rev 881. Morse, Torts in Private International Law (1978) Amsterdam, North-Holland Publishing Co. North, `Contract as a Tort Defence in the Conflict of Laws`, (1977) 26 ICLQ 914. Clarence Smith, `Torts and the Conflict of Laws`, (1957) 20 MLR 447. The Halley (1868) LR 2 PC 193 Phillips v Eyre (1870) LR 6 QB 1 Machado V Fontes (1897) 2 QB 231 Mclean v Pettigrew (1945) 2 DLR 65 Mackinnon v Iberia Shipping Company (1954) 2 Ll 372 Babcock v Jackson 12 NY 2d 473 Reich v Purcell 432 P 2d 727 Chaplin v Boys (1971) AC 356 Church of Scientology of California v Metropolitan Police Commr (1976) 120 Sol Jo 690 Coupland v Arabian Gulf Petroleum Co. 1983) 2 All E. R. 434 (e)Succession Re Annesley (1926) Ch 692 Re Ross (1930) 1 Ch 377 Re Cunnington (1924) 1 Ch 68 Re Fergusson’s Will (1902) 1 Ch 483 Re Price (1900) 1 Ch 442 Re Lewal’s Settlement Trust (1918) 2 Ch 391 Re Fuld’s Estate (No 3) (1968) P 675 Re Schnapper (1928) Ch 420 Re Hellman’s Will (1866) LR 2 Eq. 363 Re Martin (19 00) P 211 Re Miller (1914) 1 Ch 511 Phillip- Stow v IRC (1961) AC 727 Re Collens (1986) Ch 505 Re O’ Keefe (1940) Ch 124 Law of Succession Act, section 16 (f) Transfer of Property Inter Vivos Davis, `Conditional Sales and Chattel Mortgages in the Conflict of Law`, (1964) 13 ICLQ 53. Winkworth v Christie, Manson & Woods Ltd (1980) Ch 496 Adams v Clutterbuck (1883) 10 QBD 403 Re Smith (1916) 2 Ch 206 Bank of Africa Ltd v Cohen (1909) 2 Ch 129 Bank voor Handel en Scheepvart NV v Slatford (1953) 1 QB 248 Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association (1966) 1 All ER 306 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS Morris, Ch. 9; Cheshire Ch. 15; Collier Ch. 8; Dicey, Ch. 14; Anton, Ch. 26; . 1. Recognition /Enforcement 2. Enforcement of Judgements in personam a) Action of judgement at Common Law Grant v Easton (1883) 13 Ch. D. 302 (GA) (b)Registration under Statute Foreign Judgements Reciprocal Enforcement Act (Cap 43) Trepca Mines (1960) 1 W. L. R. 1273 at 1282; Rossano v Manufacturers Life Ins. Co. (1963) 2 Q. B. 352; Sidmetal v Titan (1966) 1 Q. B. 828; Black-Clawson v Papierwerke (1975) A. C. 591. 3. Jurisdiction of Foreign Court Buchanan v Rucker (1808) 9 East 193; Sirdar Gurdyal Singh v Rajah of Faridkote (1894) A. C. 670; Emanuel v Symon (1908) 1 K. B. 302, 309. (a)Presence or Residence at time of service of process Carrick v Hancock (1895) 12 T. L. R. 59; Blohn v Desser (1962) 2 Q. B. 116; 1933 Act s. 4 (2) (a) (iv). b) Residence of companies Littauer Glove Co. v F. W. Millington (1928) 44 T. L. R. 746; Sfier v National Ins. Co. of N. Z. (1964) 1 L1. R. 330; Vogel v Kohnstamm Ltd. (1973) Q. B. 133; Adams v Cape Industries (1990) 2 W. L. R. 657. (c)Submission to Foreign Courts i) As Plaintiff: Schibsby v Westenholtz (1870) L. R. 6 Q. B. 155, 161, or as counterclaimant: Cap 43s. 4 (2) (a) (ii). ii) Contract of Agreement to Submit: Feyerick v Hubbard (1902) 71 L. J. K. B. 509; Cap 43 s. 4 (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. iii) As defendant pleading to the merits: Cap 43 s. (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. (d)Office or Place of Business Cap 43 s. 4 (1) (e) Italframe Ltd vs Mediterranean Shipping Co (1986) KLR 54 Gathuna v African Orthodox Church of Kenya (1982) KLR 356 4. Defence when Foreign Court has Jurisdiction d. (a)Fraud: Ochsenbein v Papelier (1893) L. R. 8 Ch. App. 695; Abo uloff v Oppenheimer (1882) 10 Q. B. D. 310; Syal v Heyward (1948) 2 K. B. 443; Jet Holdings v Patel (1990) Q. B. 335; House of Spring Gardens v Waite (1990) 3 W. L. R. 347; Cap 43 s. 10(1) (h) . (b)Natural Justice Price v Dewhurst (1837) 8 Sim. 279; Scarpetta v Lowenfield (1911) 27 T. L. R. 424; Jacobson v Franchon (1927) 138 L. T. 386; Gray v Formosa (1963) P. 259; Lepre v Lepre (1965) P. 52; Adams v Cape Industries (1990) 2 W. L. R. 657; Cap 43 s. 10 (1) (g) c) Public Policy Re Macartney (1921) 1 Ch. 522; Armitage v Nanchen (1983) 4 F. L. R. 293; Phrantzes v Argenti (1960) 2 Q. B. 19; Mayo-Perrot v M-P (1958) Ir. R 336. Cap 43. 4 (1) (a) (v). Israel Discount Bank of N. Y. v Hadjipateras (1983) 3 All E. R. 129. Vervaeke v Smith (1983) 1 A. C. 145; Cap 43 s. 10 (1) (n) 5. Requirements for and Method of Enforcement a)Must be â€Å"final and conclusive†Nouvion v Freeman (1889) 15 App. Cas 1; Colt Industries v Sarlie (No. 2) (1966) 1 W. L. R. 1287; Berliner Indusrie Bank v Jost (1971) 2 Q. B. 463; Cap 43 s. 3 (2) (b) (b)Must be for debt or fixed sum: Sadler v Robins (1808) 1 Camp. 253. Harrop v H. (1920) 3 K. B. 386; Beatty v B (1924) 1 K. B. 807; Cap 43 s. 3 (2) (a) (c)Must not be for ta xes or a penalty: Huntington v Attril (1893) A. C. 150; Raulin v Fischer (1911) 2 K. B. 93; Schemmer v Property Resources (1975) Ch. 273; SA Consortium v Sun and Sand (1978) Q. B. 279; U. S. A. v Inkley (1989) Q. B. 255; Cap 43 s. 3 (3) (a)
Tuesday, October 22, 2019
minority rule in america essays
minority rule in america essays The People Who Control Your Mind: A Look At Minority Rule In America Alexis de Tocqueville discussed how he believed that majority rules in the United States. He writes about how the majority in America has control over the opinions of the masses and how people do not think for themselves. The latter part of that is true. The masses do not form many of their own opinions but these opinions are not given to them, like Tocqueville says, by the majority. These "ready made opinions" (Tocqueville 11) are given to American people by a powerful few. Tocquville's writing does not apply to the US today because several kinds of minorities wield inordinate amounts of power in modern American society. The media is the main source of information for America today. Tocqueville would call the media the "intellectual authority"(Tocqueville 13) in America. "Everybody there adopts great numbers of theories, on philosophy, morals, and politics, without inquiry"(Tocqueville 11) These forms of media, newspapers, television and radio to name a few are filled with opinions and ideas that people just accept. Many of the leading media corporations are run by a handful of people. This means that the ideas and opinions that the masses are accepting are those ideas and opinions of a certain few people, a minority. The President of the United States is the single most powerful person in America. "A president can cause immeasurable harm (or good) purely on his own authority"(Alterman 12). Today is a very important time concerning the future of the Presidency and our country. The elections are coming up. The only two candidates who really have a chance of being our next President are Al Gore and George W. Bush. Both of these are wealthy, white, Christian family men. Political and economic power is in the hands of a few, like Gore and Bush. These candidates along with their corporate backers represent such a small number of people in our country that it cons...
Monday, October 21, 2019
Specific heat capacity is ethanol Essays
Specific heat capacity is ethanol Essays Specific heat capacity is ethanol Paper Specific heat capacity is ethanol Paper The three variables that affect the specific heat capacity of a substance are: emperature change (K) or ( c) The equation that is used to determine the specific heat capacity of any substance is; Specific Heat Capacity = Energy Supplied ( Q) (C) Mass (kg) Temperature Change ( ) Unit: Jkg- K- Each different substance have different specific heat capacity, this is because different substances require different amount of energy to change the to increase or decrease the temperature. As all substances have different Internal Energy, this explains why different substances require different amount of energy to change the temperature. Studies from A2 explain that Internal Energy (Thermal Energy) is the sum of the kinetic energy and the potential energy of the molecules in an object or substance. If the temperature of a substance increases so does the internal energy. Referring back to knowledge gained from A1 when a substance is at a liquid state it has more internal energy than a substance at solid state. This can be explained by the fact that at solid state particles are bonded together so the particles movement is restricted. At liquid state the particles are spaced out s they are able to move randomly so they have more internal energy than particles in a solid, which have their movements restricted. As particles in solids are bonded together this means that heat can be conducted from one particle to another easily. Conduction transfers thermal energy through the collision of neighbouring particles. Liquids are poor thermal conductors because their particles are not bonded together which makes it had for heat to be transferred from one particle to the other. The way heat is transferred in liquids is through convection. Convection is the heat transfer due to the current movement from warmer particles moving towards the section where cooler particles are and cooler particles moving towards the warmer section of a fluid, this is caused by different densities at different temperature. This explains why liquids tend to have higher rates of specific heat capacity compared to solids because heat is transferred much quicker through conduction than convection. If you compare the specific heat capacity of copper, (390Jkg- K- ) to the specific heat capacity of water, (4180Jkg- K- ) there is a significant difference. In general the specific heat capacity of a solid is significantly lower compared to most liquids expect from Mercury which has a specific heat capacity of 140Jkg- K- when is in a liquid state. This also explains why H O has a low specific heat capacity when its in solid state, ice. (2100Jkg- K- ) compared to when its in liquid state, water (4180Jkg- K- ) From my research I found out that there are two laws of Thermodynamics: The first law states that the net heat transfer ( Q) of a systems equal to the sum of the thermal energy. The second law states that the entropy of an isolated system never decreases. This means that heat cannot be 100% converted to useful energy because the heat released to entropy is never returned to the system. Entropy is like internal energy; it is a thermodynamic quantity that belongs to any system of objects. It is proportional to temperature. As the temperature increase, entropy increased. In a microscopic level, entropy measures the amount of disorder in a substance. When heat is added to the substance, the particles that make up the substance move faster in a random way. The greater the velocity of the particles this implies more disorder for the substance; therefore increasing its entropy. To work out how much energy is used Power and Time are required: This is the equation t work out Power: Power = Current voltage. Thus to work out energy we use this equation: Energy = current voltage time The substance that I will be trying to determine its Specific Heat Capacity is Ethanol. Ethanol, C2H5OH is the second member of the aliphatic alcohol series. Most of the ethanol used is a mixture of 5% water because pure ethanol known as absolute ethanol is too expensive. Ethanol is prepared by a 95% solution, which results from the fermentation of sugars. Ethanol used in industry is made by reaction of ethane and steam. C2H4 + H2O= C2H5OH Ethanols has a boiling point of 78. 3 degrees centigrade, which is lower than waters boiling point. PREDICTION.
Saturday, October 19, 2019
Anne Frank Essays - Women In World War II, Stateless People
Anne Frank Audrey Strickland On June 12, 1929, at 7:30 A.M. a baby girl was born in Frankfurt, Germany. No one realized that this infant, who was Jewish, was destined to become one of the world?s most famous victims of World War II. Her name was Anne Frank, and her parents were Edith Frank Hollandar and Otto Frank. She had one sister, Margot, who was three years older than she was. Anne led a happy and normal childhood, and on her 13th birthday she received a diary from her parents. It became special to her as years went by. It is through this diary that much about World War II and Anne?s life has been learned. In 1933, her and her family left Frankfurt, a large Jewish community, and settled in Amsterdam. Her father foresaw that Hitler?s power boded disaster for the Jews. In May 1940, the Nazi invasion of the Netherlands took place, which cast a shadow on Anne?s happy childhood. The situation became worse with the restrictions placed on the Jews. One restriction was that Jewish children were only allowed at Jewish schools. Anne went to the Jewish school called The Jewish Lyceum. In July 1942, Anne?s family went into hiding in the Prinsengracht building. Anne?s family called it the ?Secret Annex?. During these times people they knew like, Miep and Jan Gies and many others, brought the family?s food. You would have to be very brave to take on a job like that because, if you got caught you could be killed. Life in the Annex was not easy at all. Anne had to wake up at 6:45 A.M. every morning. Nobody could go outside. No one could turn on lights at night. Anne mostly read books or wrote stories. Much of Anne?s diary was written while in hiding. Most of the families got separated, but Anne?s family never was. For this, they were lucky. In 1944, their hiding place was revealed, and they were taken into custody. The day after their arrest they were transferred to the Huis Van Bewaring, a prison on Weteringschans. On Aug. 8, they were transported from the main railroad station in Amsterdam to the Westerbork detention camp. For a month, the Franks were kept in the ?disciplinary barracks?, not as ordinary prisoners, but inmates convicted of a crime. The crime was hiding. On September 3, 1944, aboard the last transport to leave the Netherlands, Anne?s family and those who were with them, were brought to the Auschwitz-Birkenau extermination camp. By then more than 100,000 Dutch Jews had been deported. This last transport held 498 men, 442 women, and 79 children a total of 1,019 people. This transport arrived in Aushwitz during the night of September 5. Right after they got there, men and women were separated. The following day, 549 people from this last transport, among them all the children less than 15 years of age, were sent to the gas chambers, where they would be killed. Women who had not been selected for extinction had to walk to the Birkenau women?s camp. Edith Frank and her daughters were among them. This camp was known as a ?death camp?. They had a goal to get rid of all the Jews and Gypsies. By September 1944, almost two million people had been gassed. After the arrival of the last transport from Westerbork, there were about 39,000 people in the women?s camp. Margot and Anne stayed there for almost two months. They were then to be shipped to Bergen-Belsen. Mrs. Frank didn?t want to leave her daughters, so she stayed with them until they were shipped away. On January 6, 1945, Edith Frank died in Aushwitz-Birkenau of grief and exhaustion. Anne and Margot were sent to Bergen-Belsen on October 28. Margot and Anne died within days of each other, of the disease typhus. Bergen-Belsen was liberated by the British shortly after, on April 15, 1945. Of the last transport, with 1,019 people, that left Westerbork on September 3, 1944 for Aushwitz, 45 men and 82 women survived. Anne?s father lived on for many years and made sure that Anne?s diary was published. Her diary was published in 1947 and was then made into a film. This diary helps people remember what the Jews went
Friday, October 18, 2019
Month Practicum Report Assignment Example | Topics and Well Written Essays - 1500 words
Month Practicum Report - Assignment Example The transfer specialist’s responsibilities are to determine the eligibility and suitability of the applicant by using written administration policies and procedures, client interviews and document verification. Essentially, my job description is to conduct interviews of new and current applicants to determine their eligibility, and provide case management to nearly 600 Section 8 HCVP contract lease negotiations. What this entails is I help determine housing assistance payments, tenant rent calculations, and provide education and counseling for the applicants and the participants in the Section 8 HCVP. This allows for resolution of any concerns between the owner, tenant and the housing authority by interpreting and implementing the regulations and guidelines set forth by the Department of Housing and Urban Development (HUD). I am also responsible for updating tenant records using Yardi and SharePoint, doing criminal background checks, closing sales force tickets, completing bri efings and other duties as they are assigned to me. My department is divided into three teams, A, B and C, my team being A. team A serves MONTH PRACTICUM REPORT 2 new clients and current tenants in a many areas around Chicago, and in several different property types. The property types that my team and I help people with are called HCV-vash, which is for homeless veterans. The HUD program has allocated more than 10,000 vouchers to local public housing authorities countrywide to provide permanent supportive housing for homeless veterans. We also connect veterans with case managers to insure that they receive the health care and benefits assistance they need to help them move forward in their lives. The second housing type my team and I help with is Housing Choice Voucher Disaster Victim Program (HCVDVP), which is a disaster voucher program for Hurricanes Katrina and Rita victims. This program (formerly known as the Katrina Disaster Housing Assistance Program) allows victims of the Hu rricanes Katrina and Rita disaster areas to qualify for a special Disaster Voucher Program (DVP) for former public housing and Section 8 voucher holders. Unlike regular vouchers, there is no family contribution to the gross monthly rent. The DVP provides monthly housing assistance payments that are the lesser of the monthly gross rent, or the voucher payment standard. Monthly gross rent is the rent to the owner of the property, plus any utility allowance for tenant-provided utilities. A family may rent a unit with a gross rent greater than the payment standard, but the family must pay the difference even if it exceeds 40% of their income. If the rent to the property owner is less than the payment standard and the lease requires the family to pay utilities, the Public Housing Authority (PHA) will reimburse the family an amount equal to the difference between the housing assistance payment and the rent. MONTH PRACTICUM REPORT 3 In the last type of housing, it is called the Housing Cho ice Voucher Family Unification Program (HCVFUP). This program provides Housing Choice Voucher rental assistance to families whose lack of adequate housing is a primary cause of separation or imminent separation of a child or children from their families. The Family Unification Program (FUP) is provided to eligible families so that children will not be separated from their parents due to the lack of permanent,
The Treatment of Acute Exacerbation of COPD Research Paper - 1
The Treatment of Acute Exacerbation of COPD - Research Paper Example However, Sahn (2012) conducted research that showed the pre-hospital administration of hydrocortisone may improve. This could possibly be a result of evidence-based practice (EBP) and the purpose of this paper is to present the results of research into the topic. EBP is relevant in practice mainly because it is informed by recently researched data that has been approved by professionals and the industry. According to Moyer (2008), managing acute exacerbation of COPD is a common practice that demands the critical search for evidence in the healthcare setting. In agreement with this opinion, Gregory and Mursell (2010) emphasize that medical practitioners should formulate relevant questions about the treatment of acute exacerbation of COPD. Based on this, this essay will search and answer the question â€Å"would the outcome of patients with acute exacerbation of COPD be improved by the pre-hospital administration of hydrocortisone in the UK?†Specifically applied to this question, the PICO model defines not only the problem but also the population at which the population is targeted. This was significant in the shaping of the literature search because it narrowed down the scope to a more defined area with specific expected outcomes. Yoder-Wise (2007) points out that it is critical in detailing the interventions and risk factors that must be considered by paramedics in their proc edure. This is as opposed to stereotyping the management of acute exacerbation of COPD to a particular long-used procedure (Goldacre, 2013). Â
MGT WK5 ASSIGNENT Essay Example | Topics and Well Written Essays - 1500 words
MGT WK5 ASSIGNENT - Essay Example He feels that nervousness, uncertainty, and surprises characterise new recruits. Good orientation will help in answering questions that employees may have, and offer the necessary bonding needed between the employees and the leaders of the company, (Cheng 39). An orientation programme may determine the length and quality of individuals’ professional stay in a company. Poor orientation leads to high turnover and increased industrial accidents. However, orientation is an on-going process where the person in question continues to build on the knowledge about the job and the company. Training on the other hand involves actual performance of the job, where an employee gets a chance to perform a task under supervision. Different methods used in training an employee depends on the company policies and the size of the company. Most supervisors vested with the role of training use on the job training. During training a supervisor should not only pinpoint the mistakes made by the employee but should also praise them for the little efforts they make. This way, employees on training will be motivated to do the job correctly. A training supervisor should be open-minded towards the trainees and should avoid any kind of misconceptions. OJT is a large retail company that has seven outlets in the city. The biggest problem is to train the sales clerks, who represent the company to the public. In addition, understanding of the computerised cash register, interaction with customers, and product knowledge are key areas that a supervisor must really work on. The table below shows a three-day orientation and training programme for sales clerks. On arrival to the company Monday morning, the sales clerks will be welcomed to the company by the human resource manager, who will have them sign their contracts. The human resource manager will go ahead and explain to the sales clerks their major role of carrying the company’s image
Thursday, October 17, 2019
Sustaining L.A. Interview with Fallen Fruit Assignment
Sustaining L.A. Interview with Fallen Fruit - Assignment Example As an artist involved in community gardens, this is a whole new world of idea for me. The excitement of being able to intertwine two of what I consider most interesting aspects of my personal (and maybe even professional) life is amazing. I remember when Viegener recounts the story of giving free fruit jams in an L.A. art exhibit, stating that it is free because â€Å"it's public jam, it's from public fruit, and you're the public. We get it from you, it goes back to you†and how â€Å"people at the art fair L.A. don't like to maybe see themselves as the public†(2007). This is perhaps one of the most amusing things that struck me because I see the act of making fruit jams and giving them out for free as already an art in itself. Viegener is right in saying that â€Å"the meaning that's created in any work of art is about sort form of exchange that is always social†(2007). This can be applied to my interest in community gardens. The social exchange that is aimed at in Solano Canyon Community Garden is a sort of an inspiration. ... Viegener, Mattias and Burns, David. â€Å"Fallen Fruit.†Interview by Bill Kelley Jr. YouTube. kcet web stories, 2007. Web. 30 Nov. 2011. http://www.youtube.com/watch?v=z5pcdeZCmK4&feature=player_embedded B. Photo Essay on Solano Canyon Community Garden Photo: Al Renner. Credit: Ann Summa. http://latimesblogs.latimes.com/home_blog/2010/11/solano-canyon-community-garden.html When we talk about Solano Canyon Community Garden, we think of Master Gardener Al Renner, an admirably strong and robust man in his 70s who is a legend in his successes in acquiring more lands and funds for community gardens all over the country. He may be a picture of a kindly old grandfather who smiles at little grandchildren, but his active and alert mind makes one think that maybe his gardens give him something that nourishes his inner youth. For someone who hasn't been in Solano Canyon Community Garden before, one would realize that the freshness and vigor of this man can be seen from one's entry to on e's exit in the garden. http://www.mosaicsalltheway.com/publicsccg.html These are the walls the stretch on either sides of the garden's entrance. From the wall art itself, one can immediately sense the meaning the garden people want to send across: diversity and history. The rainbow and the mosaic replica of the elementary school are shown on the walls, and they immediately tell you that yes, this is California diversity and yes, this place has a historical value. You can always look for that face from the first photo and ask all about the garden's story and be amused at how history and diversity can be reflected immediately in his words.
Peter Green's First Day Case Study Example | Topics and Well Written Essays - 500 words
Peter Green's First Day - Case Study Example erned about any ethical dealing in the business if the matter comes to win the business and retain the account and that is why he believes more on-the-job training for his sales people rather than any learning in the class room. Peter Green’s early bringing up and his formal education has taught him not to forego ethical business dealings if one has to rise in life as he says, "One should support ones beliefs at whatever personal cost". If he remains in Scott Carpet then he would be largely compromising with his way of ethical thinking. He has now option of quitting Scott Carpet and stick to his basic learning, which he thinks is critical for his career. Quitting the job means all along searching for a fresh job, which could be arduous to him and one is not sure whether a new company would again be of the same kind where business ethics are not given due importance. If he decides to follow his conscience and does not cooperate with Murphy to oblige his customer, he would be running a risk of losing one major account. It is true that Murphy has not ordered him to follow his advice; nevertheless, not following his bosss advice has several implications. Losing a prestigious account simply means he would be out of grace of his boss permanently. In the near future, he may be simply fired on the plea of nonperformance. Clearly, his career cannot prosper in the circumstances so far and so long he has to work under Murphy. He has one more alternative to fight his cause by remaining in the company. Does his moral teaching not ask him to fight within rather than run away (quitting the company) from the scene? If he chooses to do so means he has to expose Murphy before the company management but then why the company management would believe his words. After all, Murphy is a well established district manager in this company with a long service record. Why would any company believe in the words of a new comer who has no past credentials and no proven service records? This
Wednesday, October 16, 2019
MGT WK5 ASSIGNENT Essay Example | Topics and Well Written Essays - 1500 words
MGT WK5 ASSIGNENT - Essay Example He feels that nervousness, uncertainty, and surprises characterise new recruits. Good orientation will help in answering questions that employees may have, and offer the necessary bonding needed between the employees and the leaders of the company, (Cheng 39). An orientation programme may determine the length and quality of individuals’ professional stay in a company. Poor orientation leads to high turnover and increased industrial accidents. However, orientation is an on-going process where the person in question continues to build on the knowledge about the job and the company. Training on the other hand involves actual performance of the job, where an employee gets a chance to perform a task under supervision. Different methods used in training an employee depends on the company policies and the size of the company. Most supervisors vested with the role of training use on the job training. During training a supervisor should not only pinpoint the mistakes made by the employee but should also praise them for the little efforts they make. This way, employees on training will be motivated to do the job correctly. A training supervisor should be open-minded towards the trainees and should avoid any kind of misconceptions. OJT is a large retail company that has seven outlets in the city. The biggest problem is to train the sales clerks, who represent the company to the public. In addition, understanding of the computerised cash register, interaction with customers, and product knowledge are key areas that a supervisor must really work on. The table below shows a three-day orientation and training programme for sales clerks. On arrival to the company Monday morning, the sales clerks will be welcomed to the company by the human resource manager, who will have them sign their contracts. The human resource manager will go ahead and explain to the sales clerks their major role of carrying the company’s image
Peter Green's First Day Case Study Example | Topics and Well Written Essays - 500 words
Peter Green's First Day - Case Study Example erned about any ethical dealing in the business if the matter comes to win the business and retain the account and that is why he believes more on-the-job training for his sales people rather than any learning in the class room. Peter Green’s early bringing up and his formal education has taught him not to forego ethical business dealings if one has to rise in life as he says, "One should support ones beliefs at whatever personal cost". If he remains in Scott Carpet then he would be largely compromising with his way of ethical thinking. He has now option of quitting Scott Carpet and stick to his basic learning, which he thinks is critical for his career. Quitting the job means all along searching for a fresh job, which could be arduous to him and one is not sure whether a new company would again be of the same kind where business ethics are not given due importance. If he decides to follow his conscience and does not cooperate with Murphy to oblige his customer, he would be running a risk of losing one major account. It is true that Murphy has not ordered him to follow his advice; nevertheless, not following his bosss advice has several implications. Losing a prestigious account simply means he would be out of grace of his boss permanently. In the near future, he may be simply fired on the plea of nonperformance. Clearly, his career cannot prosper in the circumstances so far and so long he has to work under Murphy. He has one more alternative to fight his cause by remaining in the company. Does his moral teaching not ask him to fight within rather than run away (quitting the company) from the scene? If he chooses to do so means he has to expose Murphy before the company management but then why the company management would believe his words. After all, Murphy is a well established district manager in this company with a long service record. Why would any company believe in the words of a new comer who has no past credentials and no proven service records? This
Tuesday, October 15, 2019
Devine Love vs Human Love Essay Example for Free
Devine Love vs Human Love Essay End of the Affair both distinguish between divine love and human love. A common thread that runs throughout is the inconsistencies that are associated with human love and the unconditional nature of divine love. Both Greene and Lewis use familial, platonic and erotic love to illustrate the distinction between divine love and human love with the result that the reader appreciates that human love is superficial given for the wrong reasons while divine love is authentic love given for all the right reasons. Moreover, both Greene and Lewis use their protagonists to demonstrate that while human love is characterized by negative emotions such as jealousy and selfishness, divine love is kind and unselfish. This paper focuses on the varieties of love featured in both books and demonstrates how modernity tends to prioritize human love over divine love with a view to rationalizing how and why romantic, familial and erotic love, all forms of human love are displaced in both novels. In each of the novels, the inescapable message is that erotic love is fragile and recklessly teeters on the outer fringes of hate. C. S. Lewis’s Till We Have Faces: A Myth Retold As in Greene’s The End of the Affair Lewis’s Till We Have Faces: A Myth Retold Human love is unveiled for all its inherent flaws. Orual, the central figure in Lewis’s Till We Have Faces: A Myth Retold recounts her relationship with her sister Psyche. Through Orual Lewis permits his reader to follow the progression of that relationship laying bare the weaknesses associated with affectionate love that Orual has for her sister Psyche and how that love develops into possessive love. Exemplifying the frailties of human love, particularly familial love, Lewis also demonstrates how human love can be conditional and selfish by exposing the fragile relationship between Orual and her father. Perhaps more importantly, Lewis uses these unique familial relationships to demonstrate how selfish human love can transform into hate. In summary Till We Have Faces is a re-telling of the Greek mythical story of Cupid/Eros and Psyche. In Lewis’s re-telling the story is reconstructed through the eyes of Orual who is represented as unattractive and jealous and uniquely disgruntled by the Gods’ mistreatment of her. Psyche, the beautiful sister is the object to Orual’s affections. In this re-telling Lewis deliberately complicates familial love in that Orual’s love for her sister is obsessive. On the other side of the spectrum, Redival’s love for Orual is spurious and the love for Psyche by King Trom is self-deceptive. Fox’s love for Orual and Psyche is also transient. Lewis also ventures into sexual/erotic love which is multifaceted in Till We Have Faces. Orual’s love for Bardia is unrequited, Ansit’s love for Bardia is frustrating and of course there is the superficial infatuation of men for Orual in her veiled condition. Lewis also takes pains to demonstrate that self-love is destructive in presenting duality in Orual who loves and hates herself all at once. This duality is selfish and damaging at the same time. Above all however, the emphasis is on divine love and implicit in this re-telling is a transition from Greek Philosophical times to modern Christianity. (Hooper, 1996, 250) Father Peter Milward writes of Till We Have Faces: â€Å"The main themes are, (1) Natural affection, if left to mere nature, easily becomes a special kind of hatred, (2) God is, to our natural affections, the ultimate object of jealousy. †(Hooper, 1996, 250) Psyche as reconstructed by Lewis has a natural predisposition for affection for divinity whereas Psyche’s love for divinity coincides with Orual’s love for humankind particularly her love for Psyche. While Psyche’s love for the gods are first and foremost in her heart, Orual’s love for Psyche comes first and each sister regards her love as the natural love. For Orual Psyche represents â€Å"the beginning of my [Orual’s] joys. †(Lewis, 20) On the other hand, Psyche derives her greatest at a time just before she is sacrificed to Cupid as it is a means of bringing her closer tot he gods. (Lewis, 74) Orual’s love for Psyche however is aligned to hatred and becomes a means by which Lewis demonstrates the superficial nature of human love whether familial or romantic in nature. Orual’s so-called love and affection for her sister fluctuates from love to hate in a manner which can only leave the impression that the love is fickly to begin with and not based on sound principles or values. For instance the night before Psyche is sacrificed Orual reveals that her sister has â€Å"made me, in a way, angry. †(Lewis, 71) Moreover the following day, Orual dreams her sister â€Å"was my [Orual’s] greatest enemy. †(Lewis, 71) The remainder of the first part of Till We Have Faces is characterized by this king of fluctuations of Orual’s affections for her sister. The inconsistencies are not lost on Psyche who observes: â€Å"I am not sure whether I like your kind [of love] better than hatred. †(Lewis, 165) Superimposed in this aspect of human love as illustrated through Lewis’s Orual is the damaging elements of human love whether romantic or familial. Orual’s love for her sister is characterized by two fatal flaws. First she loves her sister in such a way that she easily allows it to fall into hatred. Secondly, Orual permits her hatred to rebound to the gods. The love-hate scenario from Orual to Psyche is connected to the gods to the extent that Orual permits her love for Psyche to become possessive. That possessive love turns to a dangerous jealousy which is borne out of the presumption that Psyche loves the gods to the exclusion of Orual who in turn holds the gods accountable for taking Psyche’s love from her. Orual’s jealousy is so strong that she’d rather the gods had killed her sister than made her immortal. She laments: â€Å"We’d rather they were ours and dead than yours and made immortal. †(Lewis, 291) Psyche’s love for the gods is interpreted by Orual as a theft by the gods. To her way of thinking the gods took Psyche’s love from her and she says as much, â€Å"Psyche was mine and no one else had any right to her. †(Lewis, 291-292) Lewis intent with respect to Orual’s reaction to Psyche and her affection for the gods were specifically delineated in a letter he sent to Katerine Farrer. Lewis explains in the letter that Orual’s jealousy and attitude toward her sister’s relationship with the God was intended to convey the typical reaction of family members when a relative gives his life to Christianity. Lewis explained in the letter that the reaction of family members is typified by Orual’s when: â€Å"someone becomes a Christian, or in a family nominally Christian already, does something like become a missionary or enter a religious order. The others suffer a sense of outrage. What they love is being taken away from them. †(Hooper, 249) In other words Orual’s angst with the gods finds its place in the kind of jealousy that one family member experiences when it appears to them that a loved one religion replaces them. In much the same way Orual’s bitterness stems from a jealousy which is founded on love. The self-destructive and selfish nature of human love is also succinctly illustrated through Orual. In Lewis’s characterization of Orual she increasingly subscribes to the notion that if she can’t have her sister then she will not permit anyone else have her. Orual convinces Psyche to look upon her lover, despite his warning to the contrary. In her way of thinking Orual perceives that she is saving Psyche and to prove her intention she cuts her arm. The danger of Orual’s love and the dangerous manner in which her love for her sister influences her thinking and perception are revealed in the following excerpt from Till We Have Faces: â€Å"How could she hate me, when my arm throbbed and burned with the wound I had given it for her love? †(Lewis, 169) Ironically, the gods whose love Orual condemns closely mirrors Orual’s idea of love which is self-serving and consuming. It is not until the novel nears its conclusion that Orual comes to the realization that how love was commandeered by avarice and self-satisfaction. In this way Lewis is able to expose the superficial nature of human love. This is finally accomplished with Orual coming to terms with and accepting that her desire to have Psyche, the Fox and Bardia all to herself was entirely wrong. Lewis uses Ansit to voice the meaning of real or divine love by having him provide a brief commentary on Orual’s love. Ansit, referring to Orual’s pursuit of Bardia notes that: â€Å"He was to live the life he though best and fittest for a great manâ€â€not that which would most pleasure me. †(Lewis, 264)
Monday, October 14, 2019
Whistleblowing Ethics and Policies
Whistleblowing Ethics and Policies Whistleblowing occurs when an employee discloses information. However, according to Armstrong, 90 of whistleblowers suffer from dismissal or demotions, 27 faced legal actions, 26 were referred to medical treatment, 17 went homeless, and 8% bankrupted. Whistleblowers may suffer some kind of harassment, lower performance evaluations, punitive transfer or violence by their fellow colleagues and/or superiors if they remain working in the organisation (Dellaportas al., 2005). Therefore, whistleblower protection is important to encourage employees in uncovering any fraud, and ensure that channels are open for whistleblowing. Supporting effective protection for whistleblowers can have advantages such as promoting an open organisational culture where employees have confidence in the reporting procedures, preventing and disclosing bribery in commercial transactions, safeguarding integrity, enhancing accountability, and supporting a clean business environment (Organization for Economic Cooper ation and Development, 2012). One can adopt a normative strategy when facing tough ethical choices as it can help people to evaluate and think carefully so as to prevent them from making irrational decisions. Normative ethics provides several philosophical approaches for making sound ethical decisions and it can be categorized into three parts: (a) consequentialist, (b) deontological and (c) virtue theory (Trevino Nelson, 2004). The consequentialist theory focuses attention on the results or consequences of the decision or action (Trevino Nelson, 2004). It includes philosophical approaches like egoism and utilitarianism. Egoism promotes an individuals long-term interests while utilitarianism holds ethical actions as those done for the greatest good or to maximize total utility (Ferrell, Fraedrich, Ferrell, 2000). On the contrary, the deontological theory focuses on the rights of individuals and on the intentions associated with a particular behavior rather than on its consequences (Ferrell, Fraedrich, Ferrell, 2000) and it embraces philosophical approaches like Kantianism and justice. Kantianism revolve around duty, not end goals or emotions, and their actions are performed according to some underlying principle or maxim that are entirely different from one another (e.g. honesty, fairness and justice), while the philosophical view of justice is rooted in ones belief in moral equity and equitable treatment for everyone concerned with a questionable action. Lastly, the virtue ethics approach focuses more on the integrity of the moral actor than on the moral act itself (Trevino Nelson, 2004). The above-mentioned normative ethical theories can be applied to decide if employees should have a duty to blow the whistle on unethical/illegal acts or not. From the egoists point of view, it is rare that employees will face the dilemma of deciding whether to blow the whistle. Be it due to fear of being investigated by the authorities or fear of being reported to the authorities as a scapegoat for following the policies, employees will seldom face these problems if they adhere to the egoism approach (Clairmont, 2011). According to Clairmont (2011), well-known whistleblowers (e.g. Ellsberg, Manning and Deep Throat) will never even consider whistleblowing if they follow the egoism method of making ethical decisions. This is because the upcoming hassle/trouble that they will face after they blow the whistle will deter them from doing so. As such, egoist employees will feel that it is not a duty but rather a choice to blow the whistle on unethical or illegal acts. They will only blow the whistle if it is within their self-interest and if they are not negatively affected in any way. However, some argue that if one is to take the negative cons equences of whistleblowing into consideration, some degree of egoist traits appears to be acceptable (Clairmont, 2011). From a utilitarian perspective, the act of whistleblowing is seen as the calculation results of different foreseen consequences, and the impact of possible consequences on the conflicting loyalties (Padgett, 2009). The availability of alternatives and whether the benefits of whistleblowing outweigh the cost determine the choice of whether or not to blow the whistle. According to Bentham (1996), acts that create the most amount of happiness for the majority should be treated as morally obligatory acts. Moreover, unlike the egoism approach, the utilitarianism approach encourages one to treat others wellbeing as a heavily weighted factor when making an ethical decision. Hence, whistleblowing should be considered as a duty when it is known that the consequences of non-disclosure will result in extremely negative impacts on the public. John Stuart Mills utilitarian perspective can also be used to discuss whether whistleblowing should be a duty. His utilitarian principle of do no harm supports the idea that whistleblowing is a duty if a non-disclosure act should cause harm since this principle holds that ones actions should prevent harm to others. Harm in this case can take a variety of forms and it is not just limited to instances of physical injuries. The intensity and amount of harm that the problem can bring also determines whether whistleblowing should be an obligation. Mill also emphasizes that one should be accountable for others if his inaction happen to cause harm to them. If one sees a responsibility to prevent others from being harmed, then blowing the whistle on acts that may cause harm to others will appear to be at least partially justified based on Mills principle of do no harm (Padgett, 2009). From the Kantian perspective, employees should have a duty to blow the whistle on unethical or illegal acts because it is the right thing to do. They are morally responsible to inform the public and/or stakeholders about the wrongdoings because the motive of moral action is more important than the potential consequences of not whistleblowing. Such courage to go against all odds and the possibility of punishment from the employer is necessary if those who are privy to immoral business practices are to make a positive contribution to the respect of consumer rights the world over (Masaka, 2007). Kant did not clearly state that whistleblowing should be a duty in all circumstances. However, what is clear from him is that he expects truth telling and the good will of the moral agent. Hence, based on these principles, one can will that an employee should blow the whistle if he/she has information of others or the organizations intentional wrongdoings (Padgett, 2009). Ones response to implementing a justice perspective would be identical to using a deontological moral philosophy. From the viewpoint of justice, employees would feel obligated to blow the whistle internally about any unethical or illegal action within the organization as the employers have the rights to know the truth about the misconduct. Hence, it will be unfair to the employers if the involved employees do not disclose the wrongdoings to them. Based on justice approach, whistleblowing externally should also be a duty because it will be unfair to all the stakeholders if the involved employees choose not to blow the whistle. This is because these parties have the rights to know the truth about any misconduct that affects them. As mentioned above, consequentialism focuses on the consequences (outcomes) of the actions while deontology emphasizes on adhering to ethical duties. Virtue ethics differs in that the emphasis is based on being rather than doing. According to virtue theory, whistleblowing is the right thing to do because it requires one to tell the truth, to speak up/sound out and to emphasize with others, thus promoting positive virtues like honesty, courage and empathy. An employee who upholds any of these virtues will feel obliged to blow the whistle because it can improve ones integrity. However, some argue that whistleblowing disregards virtues in different ways. For instance, whistleblowing can be seen as putting peoples lives at risk, publishing stolen data and degrading loyalty, privacy and integrity of data (Backhaus Dodig Crnkovic, 2011). Hence, if we look from this point of view, whistleblowing should not be a duty. A common conflict with regards to whistleblowing is between the virtue of loyalty and honesty (Bowden, 2005). Many whistleblowers following this ethical approach will often face the dilemma of being truthful or remaining loyal to their organisation. Therefore, employees should weigh their priorities be tween these two virtues and choose a side; loyalty or honesty. All in all, most of the ethical theories provide substantial grounds for discussing whistleblowing as a moral duty. From the utilitarian perspective, the duty to blow the whistle would follow from the principle of doing no harm and recognition of the extent to which our actions or inactions have significant consequences for the lives of others. From the deontological perspective (includes Kantianism and justice), it would consist of a duty to disclose the wrongdoing of another person (or organization) in recognition of the obligation to be truthful (Padgett, 2009). The virtue theory however provides two sides of the story; whistleblowing should be a duty based on certain virtues (e.g. honesty) whereas whistleblowing should not be a duty based on other virtues (e.g. loyalty). When comparing honesty and loyalty which are the most crucial virtues with regards to whistleblowing, one can note that honesty will supplant loyalty if there is a conflict between the two, as honesty is consider ed as the most important part of any honor code (Fraschini, 2007). Hence, based on this, one can deduce that whistleblowing should be a duty from the virtue perspective. Egoism is the only ethical theory that does not support whistleblowing as a moral duty. If we critically analyse the traits of this theory, one can observe that ethical egoism provides no moral basis for the resolution of conflicts of interest that form the only vindication for a moral code (Baier, 1990). Moreover, according to Rachels (2008), the ethical egoist may object that he cannot admit a construct of morality whose aim is merely to forestall conflicts of interest. As such, the egoism theory cannot be a good measure to determine whether whistleblowing should be a duty. Hence, based on all the above considerations, one can conclude that employees should have a duty to blow the whistle on misconduct. Since whistleblowing should be a duty, it is crucial that whistleblowers are under legal protection and have clear guidance on reporting procedures in Singapore. The provision of whistleblower protection encourages an open organisational culture where employees are not only aware of how to report but also have the confidence in the reporting procedures. The protection of whistleblowers from retaliation for reporting in good faith suspected acts of corruption and other wrongdoing is therefore integral to efforts to combat corruption, promote public sector integrity and accountability, and support a clean business environment. Whistleblowing protection systems are widely implemented in the western countries. For instance, in Italy, proposed amendments to the Anti-Corruption Bill state that whistleblowers cannot be à ¢Ã¢â€š ¬Ã¢â‚¬ ¢penalized, fired or submitted to any direct or indirect discrimination, which would have an impact on the working conditions directly or indirectly linked t o the report. Protection is also provided under the U.S. law, against less severe disciplinary actions, such as admonishments or reprimands (Organization for Economic Cooperation and Development, 2012). On the contrary, whistleblowing legislation in Asia is not as sophisticated or as robust as it is in the US (Lord Cole, 2012). The workplace cultures in Asian differ from those in the West. Family businesses promote a distinct sense of patronage within themselves that are incredibly collective. Foreign companies operating in Asia reveal that the staff is not only loyal to the company, but also to their bosses and line managers (Lord Cole, 2012). These cultural norms hinder whistleblowing to prosper. However in recent years, Asian countries take whistleblowing seriously and are aware of Dodd-Frank, for example. Singapore code of CG expanded the role of the Audit Committee (AC) in Guideline 12.4 of the 2012. There are some changes made to the whistle-blowing provisions in the 2012; companies should disclose in its annual report the existence of a whistle-blowing policy, and the procedures for raising whistle-blower should be publicly disclosed as appropriate (Ernst Young, 2012). These changes align Singapores corporate governance practice in this area closely with that of the UK and US. According to a Singapore Institute of Directors survey, 70% of the listed companies have a whistleblower policy compared to 20% five years ago. Another 8% said they did not have a policy but intended to introduce one, while 3% reported that they had no plans to introduce whistleblowing (Deloitte, 2011). Koreas ACRC Act also provides protection against financial or administrative disadvantages, such as the cancellation of a permit or license, or the revocation of a contract (Park , 2008). In conclusion, based on the philosophical approaches, employees should have a duty to blow the whistle. Therefore, whistleblowers need to under legal protection and have clear guidance on reporting procedures. Protecting whistleblowers from retaliation can (a) promote public sector accountability, (b) combat corruption, and (c) support a clean business environment. Whistleblowing protection policy has been widely implement in the Western countries. Recently, Asian countries also take whistleblowing seriously and reinforce their whistleblower policy.
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